038-NLR-NLR-V-18-THE-SS.-”MOLTKEFELS”.pdf
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1914.
In xme Coloxiar, Court ov Admiralty of the Island ofCeylon in Prize.
Present: The Hon. Mr. A. Wood Renton, President of Prize Court.THE SS. “ MOLTKEFELS."
Cause No. 6.
Vessel captured with cargo consigned to different ports—Power of Courtto authorize the Croum to deliver the cargo at the different portsto consignees on payment of freight and agency charges.
The Colonial Court of Admiralty made an order authorizing theCrown to deliver the different consignments of cargo in a vesselcaptured on the high seas at their respective destinations, subjectto-.the payment of freight and agency charges on delivery.
rpHE facts appear from the judgment.
The Hon. the Attorney-General. Albar, C.C., and Obeyseherc, P..C-,for the Crown.
Allan Driebery for interested consenting parties.
November 19, 1914. Wood Rextox C'. •!. and 1’.—
This is a motion by the C rown, consented to bv the interestedparties before the Court, with respect to the recovery of freight andagency charges in connection with the disposal of the cargo of thess.“ Moltkefels. ” The vessel was captured on the high seas in Augustlast by H. M. S. " Fox, ” and brought to Colombo.for adjudication.The cargo, which is multifarious in character, is consigned toMadras, Calcutta, and Chittagong. On September 2 this Court, on
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the motion of the Crown, made an order authorizing the Marshal,for the purpose of the warehousing of the cargo, to put the cargoin the hands of the Crown, the Attorney-General undertaking onbehalf of the Crown that in the event of the cargo, or any part of it.being for the purpose removed out of the jurisdiction of the Court,it should be brought back within the jurisdiction on the order ofthe Court to that effect. The Crown now proposes, acting underthis order, to deliver the different consignments of cargo at theirrespective destinations, subject to the payment of freight andagency charges on delivery. The adoption of this course is obviouslyin the interest of the consignees, and, as I have said, is consented toby all those who are represented here. Prize Courts have fromtime to time acted upon the maxitn hom judiais est ampliarejurisdictionem in its |true meaning. In the Polka,1 for instance.Dr. Lushington held that, although the general rule of pri&e law isthat a prize shall be brought into a port belonging to the captor'scountry, under special circumstances a prize which has been takeninto and lies in a neutral port might be condemned and allowedto be sold there.
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In the circumstances of this case, I hold that I have power tomake the order prayed for by the Crown. Mr. Eric Chapman'saffidavit shows that the charge of Br. 35.50 per ton in respect offreight is reasonable.
I make order in terms of the motion, with the addition to clause (a)of the words ** weight or measure/’ and with the following proviso,which I have expressed in language somewhat different from thatused in the motion, in the hope of making its meaning clearer: —
” This order shall not apply to goods in respect of whichfreight has not been prepaid and still remains due ondelivery at the port of destination, and in respect ofwhich the captors are entitled to complete their title tothe freight by conveying the goods to such port.”
The only point remaining for consideration is the question whatsteps should be taken so as to enable .the parties interested to insurethe cargo. The best course will be to direct that the departure ofthe vessel shall be delayed for a period sufficient to permit of thedate of her sailing being communicated to the consignees, and ofthe effectuation of the requisite insurances. It was agreed at theargument yesterday that a period of three weeks from the date ofthis order would suffice for this purpose, and I accept the agreementof parties on that point. A statement of the substance of this orderwill be prepared by the Registrar • and supplied to the Attorney-General, who will a undertake the responsibility of securing itsadequate advertisement in India.
1 HSufy j2 Roscor., j ‘rite Cases SOI*
1914.
Wood
Kenton C.J.nnd P.
The $s.
“ Molfkefels”
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1914. The formal order of the Court was as follows: —
Wooi> The Hon- Mr. Anton Bertram, K.O., Attorney-General, and Mr. S-
Renton t»l. obeygekere, Crown Counsel, appearing for the Crown,ana 1 *
The President of the Prize Court made order in. the following
The#*-
"Moltkefri* *’ terms:—
Whereas by an order dated the 2nd day of September, 1914, theCourt made order and decree that the Marshal be authorized, for thepurpose of the warehousing of the cargo, to put the cargo in the handsof the Crown, the Attorney-General undertaking on behalf of theCrown that in the event of the cargo, or any part of it, being for thispurp08© removed out of the jurisdiction of the Court, it shall bebrought back within the jurisdiction upon the order of the Court:
And whereas, the said steamer, except so far as relates to cargoconsigned to Colombo, is still unloaded, and contains general cargoconsigned to Madras, Calcutta, and Chittagong:
And whereas it is for the interest of all persons concerned that thecargo entitled to release which is consigned to Madras should bethere delivered, and the cargo entitled to release which is consignedto Calcutta and Chittagong should be delivered at Calcutta:
It is hereby ordered that, in the event of .the Crown in the exerciseof its power under the said order of the Court conveying the saidcargo to Madras and Calcutta respectively, the Crown be authorizedto recover against all cargo released and delivered at Madras andCalcutta the following expenses, that is to say:—
(a) In reject of freight Us. 15.50 per ton, weight or measure.
(5) In respect of agency charges, such- reasonable expenses asmay be incurred.
Provided that this order shall not apply to goods in respect ofwinch freight has not been prepaid and still remains due on deliveryat the port of destination, and in respect of which the captors areentitled to complete their title to the freight by conveying the goodsto such port.
It is further ordered that the steamer shall not depart fromColombo until tbe expiration of 21 days from this date.
It is further ordered that a statement of the substance of thisorder be prepared by the Registrar and supplied to the Attorney*General, who will undertake the responsibility of securing itsadequate advertisement in India.
G. Hazlerigg.
Registrar.
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