The first is, of course, the confiscation of the article Penalty. itself, of which every case of condemnation affords an example. By the ancient law of Europe the confiscation was also extended to the vessel, the medium of conveyance, and instrument of offence.1 But in the modern practice of the Court of Admiralty a relaxation has been introduced and a milder rule has been adopted. Independent of the forfeiture of the article of contraband, the conveyance of it is, in general, only attended with loss of freight and condemnation in expenses of bringing it in together with the costs of suit." Where, however, part of the cargo had been restored before the condemnation of the contraband articles, it was considered to have been separated from the ship, and the freight allowed as a charge upon it.3 This relaxation, however, is only extended to the property of such parties as may fairly be supposed to be free from all participation in the offence, the known ground on which it was introduced being the supposition that freights of noxious or doubtful articles might be taken without the knowledge of the owner'; where, therefore, in the case of the De Vrow Anna Maria", the contraband goods were put on board the ship by the consent and privity of the owners, it also was included in the same sentence of condemnation. And if the ship and contraband articles belong to Sane owner. 1 Ringende Jacob, 1 Rob. 90.; Mercurius, 1 Rob. 288. 2 Sarah Christina, 1 Rob. 242.; Mercurius, ed. 288. n.; Neutralitie, 8 Rob. 297. Oster Risoen, 4 Rob. 200. P. 115.; see also Neutralitie, 3 Rob. 297.; Franklin, 3 Rob. 221. n. 'P. 122. Penalty. Master part owner. Taint. Male fides. Removal of 'Taints. the same owner, they will both fall under the same condemnation.1 This will also be the case when the master is part owner2; and, in general, the owners of the ship are bound by his acts, the master being agent for the ship, though not necessarily for the cargo.3 The taint of contraband also extends to all property on board belonging to the owners of the contraband articles1; but all innocent articles belonging to different owners are entitled to restitution." 6 It must also be observed that this relaxation of the penalty is a benefit which can only be claimed in fair cases. Thus, when the vessel was sailing with a false destination, or involved in an act of ill faith, it was condemned. Generally speaking, all taint is removed by the discharge of the cargo, or an abandonment of the design 10: the penalty will, however, attach to the return voyage, if false papers have been used on the outward one; but it will not be allowed to be enforced when the vessel has in the meantime made an intermediate 12 voyage. 1 Jonge Tobias, 1 Rob. 329.; P. 119. Carolina, 6 Rob. 461. Imina, 3 Rob. 170. Atalanta, Pp. 112. 147. 170. Sarah Christina, 1 Rob. 242. Oster Risoen, 4 Rob. 199. • Franklin, 3 Rob. 223. Floreal Commercium, 3 Rob. 178 Edward, 4 Rob. 68. Ranger. 6 Rob. 197. • Immanuel, 2 Rob. 195. 10 Maria, 1 Rob. 374.; Imina, 3 Rob. 169. 11 Rosalie and Betty, 3 Rob. 343.; affirmed on appeal, 4 Rob. List of Cases. May 6. 1802. 12 Christiansberg, 6 Rob. 381 n. ANNA GALLEY, Claas Hartog, Master, a Dutch ship 1740-1.1 bound from Amsterdam, to Santa Crux, in Teneriffe; taken 1 Pope Gregory XIII. having observed in the year 1582, that the vernal equinox fell, according to the almanacks of that period, on the 10th day of March, but that in the year 325 (that of the Council of Nice), it had fallen on the 21st day of that month, in order to restore it to the latter, its correct date, directed that 10 days should be omitted in the month of October of that year, and provision made to guard against any future irregularities in that respect. This regulation, which was immediately adopted in the Roman Catholic countries on the Continent, was not introduced into this country until a later period. Hence arose in the intermediate time, the difference between the Old (o.s.) and the New style (N. s.), the latter being nominally several days in advance of the former, and the date of any event denoted, for example, thus: Dec., 1674, the lower figure representing the date according to the new style. B In the year 1752 it was determined to introduce this alteration into the English Calendar. The difference between the two styles then amounted to 11 days, and it was accordingly enacted by the 24 Geo. II. c. 23., that so many days should be omitted in the month of September, and that the 3rd of that month should be accounted the 14th. The distinction between the two styles is still retained in Russia, the difference now amounting to 12 days; their 1st of January would be our 13th of that month; and the date of foreign letters or bills is represented thus: Jan. 1-13. Advantage was taken of the same Act of Parliament to remove another anomaly, arising from the use of two different kinds of years,--one the historical year, which began, as at present, on the 1st of January; the other the civil or legal year, which was also that of the Church of England (vide Com.Pray.,Table of Mov. Feasts, Feb. 24. Contraband vessel seized on suspicion.—Neutral pro perty.-Dutch Treaty, 1674.-Papers opened. - Private interrogatories rejected.-Restitution with expense and damages. |