Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION VI.

Admiral Court.
Subject_3 SECT. IV.

Dispensation to hold courts during vacation.

Grizel Bartholomew and Others
v.
Peter Chalmers

Date: 11 February 1778
Case No. No 240.

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Henry Steel, master of a vessel, having died on a voyage to Grenada, Chalmers, the mate, came to have the command, and intromitted with the whole effects of Steel on board the ship. Bartholomew, and other representatives of Steel, pursued Chalmers before the Admiral, to account for his intromissions with these effects.

The Admiral ordained the defender to find caution judicio sisti et judicatum solvi.

Chalmers brought this cause into Court by advocation.

The pursuers insisted, That the cause was strictly maritime, because the locus quasi contractus was on shipboard, the intromission being made there.

Answered for the defender, It is established law, that the privative jurisdiction of the Admiral is not founded either on the locus contractus or quasi contractus, but solely on the cause being of a maritime nature, which this action is not, Campbell against Montgomery, 8th February 1765, No 89. p. 7359.

The Court found “this cause not to be martime, therefore advocated.”

For Chalmers, Robertson. Alt. Claud Boswell. Fol. Dic. v. 3. p. 352. Fac. Col. No 12. p. 25.