"Victoria" (otherwise "Alfred the Great")

JurisdictionEngland & Wales
Judgment Date19 May 1809
Date19 May 1809
CourtHigh Court of Admiralty

English Reports Citation: 165 E.R. 1045

IN THE HIGH COURT OF ADMIRALTY

"Victoria" (otherwise "Alfred the Great")

[97] "victoria" (otherwise "alfred the great"). May 19, 1809. British ship captured by the French, and carried to Spain and condemned-Afterwards seized by the Junta as French property and sold -Title of purchaser good against foimer British owner. (Instance Court) This was a cause of possession at the suit of William Tindall, the former British owner, against Mr Tavanera the asserted owner in possession The ship was formerly British, and had been captured by a French privateer towards the latter end of the yea* 1807, and earned to Pontevedra in Spain, soon after which she was condemned to the captor by a sentence of the Prize Tribunal at Pans. At the commencement of hostilities between the Spaniards and French, the Junta of the province of Galhcia passed an act, dated the 7th Sept 1808, for the sequestration of all French property ; and on the 10th of September following appointed Don Joseph Calderon their commissioner for the sale thereof This ship being considered as French property was brought from Pontevedra to Corunna, and there sold by the commissioner to Mr. Tavanera Upon the approach of the French army to Corunna, Mr. Tavanera, who was a member of the Junta, caused the vessel to be laden with as much of his property and. effects, as he could collect, and embarked with his fauuly for England, where he soon afterwards arrived The only papers on board were a copy of the act for the sequestration of French property, a paper relating to the appraisement of the ship, and a certificate of the English consul, stating that the " Victoria " was obliged, by the situation of affairs, to quit the port without being able to procure the proper documents. The absence of a bill of sale was accounted for by Mr. Tavanera, [98] who stated that it was intended that a formal document of the sale of ship should be made out to him, as soon as the confusion subsided , but that the subsequent occupation of the place by the French prevented this from being done On tkz part of the former owner it was contended-That there was no proof of the condemnation by the Prize Tribunal at Pans ; that Mr. Tavanera, who had an immediate interest in establishing that fact, could only speak to his belief.-That the sentence sliould be produced, in order to enable the Court to judge of the legality of the condemnation That the production of that document was also necessary in...

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