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Margeston v The Procurator Fiscal and Clerk of the High Court of Admiralty. [1782] Mor 3110 (10 March 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Mor0803110-030.html Cite as:
[1782] Mor 3110
Informal execution. - Term of entry. - Sentence-money.
Margeston v. The Procurator Fiscal and Clerk of the High Court of Admiralty
Date: 10 March 1782 Case No. No 30.
A practice of giving the officers of the admiral court more than the ordinary dues of court, in cases of prize, discountenanced.
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Margeston having captured an American vessel, obtained sentence condemning the same as lawful prize, in the High Court of Admiralty; and demanded an extract of this sentence, upon payment of the usual dues.
The Judge-Admiral found, ‘That as the prize was of considerable value, the captors were liable to the deputy clerk of court, for behoof of all concerned, in the sum of L. 40 Sterling; and that over and above the the sums paid as the dues of extract.’
In an advocation of this judgment, the Lords
Found, ‘That the officers in the Court of Admiralty, in questions of prize, were entitled to no more than the ordinary dues of court.’
Reporter, Lord Kennet.Act. Henry Erskine.Alt. Monro.
Fol. Dic. v. 3. p. 165. Fac. Col. No 43. p. 70.
