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Scottish Court of Session Decisions >>
Hamilton v the Master of the Ship called the - of Statin. [1673] Mor 12774 (26 July 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor3012774-006.html Cite as:
[1673] Mor 12774
Hamilton v. the Master of the Ship called the - of Statin
Date: 26 July 1673 Case No. No 6.
Property of a ship presumed by possession without a written vendition.
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Captain Hamilton having taken a ship called the ——— of Statin, she was assoilzied by the Admiral. The Captain gave in a bill of suspension. The Lords ordained the cause to be discussed upon the bill for the stranger's dispatch. The reasons insisted on for the Captain were, that this ship was bought in Holland, as the skipper acknowledgeth, and that she was taken as she came from Holland before she broke ground in any other dominion, which, by the custom of nations, is a sufficient ground of prize; and was so found by the Admiralties of France and the Spanish Netherlands, even albeit the ship have aboard a writ to show the seal; because simulate trade cannot be shunned, if such seals within the waters of the enemy can protect their ships, but here there is nothing to instruct the seal. It was answered, That there was neither reason nor custom for such a pretence to hinder neuters to buy ships from enemies more than any other goods, seeing thereby they do not partake of the war, or assist the enemy, nor is there any law requiring writ for the alienation of ships, which always may, and ordinarily do pass by verbal bargains and possessions, and whereof the possession presumes a property, but this ship is not only in the possession of a Swede, but he hath by his oath declared, that he truly bought her, and paid for her without simulation.
The Lords found this reason alleged for the privateer not relevant, and adhered to the admiral's decreet.
