1832. OBICINI V. BLIGH. The Plaintiff was the administrator, under limited letters of administration, of Gregory Mattei, formerly of the island of Malta. The Defendant was a captain in h is Majesty's navy, and at the time the cause of action arose, commanded a ship of war called the Glatton. On the 5th of January 1809, a Sicilian vessel called La Madonna della Lettera e Gesu Maria Giuseppe was captured by the Glatton under Captain Bligh, and taken into Malta, when a claim was made for the said ship and cargo in the Vice-Admiralty Court at Malta; and it was upon the proceedings of that Court in that cause, that the present action was brought. The Plaintiff produced in proof of those proceedings, a document under the seal of the said Court, of which the following is a copy: 66 George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, defender of the faith: To all and singular persons of whatsoever dignity, state, degree, or pre-eminence they be, to whom these present letters testimonial shall come, greeting. We do by these presents make known and signify unto you, that upon examining the records of our Vice-Admiralty Court of the island of Malta, and territories thereunto belonging, kept by John Locker, Esq., the principal registrar of the said Court, we find certain interlocutory decrees, instruments, and proceedings, had, made, and prosecuted in our said ViceAdmiralty Court in a certain cause or business, intituled La Madonna della Lettera e Gesu Maria Giuseppe, Francesco Micali, master, taken by his Majesty's ship of war Glatton, George Miller Bligh, Esq., commander, and brought to Malta, to the tenor and effect, and at the times hereinafter expressed; to wit, "On Saturday the 25th day of February 1809, before the Worshipful John Sewell, Doctor of Laws, Judge of the Vice-Admiralty Court of the island of Malta, and territories thereunto belonging, in the court room situate in Strada Mercanti, in the city of Lavaletta, in the said island of Malta: On admission of "Present, W. Stevens, deputy registrar: "La Madonna della Lettera e Gesu Maria Giuseppe, Francisco Micali, master, taken by His Majesty's ship of war, Glatton, George Miller Bligh, Esq., commander, and brought to Malta.. ship and car go." "Rouverie, for Fenton, prayed the claim of territory for ship and cargo to be admitted, and the ship and cargo to be restored with costs and damages. "Jackson prayed the cause to stand over until Wednesday, in order that the captain might translate certain letters of advice and invoices, to shew that part of the cargo did not belong to the subjects of his Sicilian Majesty. "Rouverie objected thereto, and prayed the cause to be heard immediately; whereupon the Judge directed the cause to be heard this day, both proctors agreeing to take the papers as translated. The Judge then gave leave to Mr. Mattei, the agent of his Sicilian Majesty, to amend his claim if he thought proper; whereupon the Court was informed Mr. Mattei wished to hear the claim as it then stood; whereupon the Judge having heard the evidences and proofs read, and advocates and proctors on both sides thereon, admitted the claim for the ship and cargo (save the goods mentioned in the bill of lading, No. 19.); pronounced the ship and cargo (saving as before) to belong as claimed; and, by interlocutory, decreed the same to be restored to the claimant for the use of the owners and proprietors thereof, and reserved the adjudication of goods in bill of lading, No. 19., and the question of costs and damages, to whensoever; and by further interlocutory decree pronounced freight to be due on said goods: decree of unlivery of goods in bill of lading, No. 19. Jackson 1832. OBICINI V. BLIGH, prayed 1832. OBICINI V. BLIGH. prayed a decree of inspection of said goods, which the Judge was pleased to reject. "On Saturday the 15th day of April 1809, before the Worshipful John Sewell, &c. on admission of the territorial claim as amended, and on the question of costs and damages, Fenton prayed the territorial claim inasmuch as amended to be admitted, and the remainder of the cargo to be restored, with costs and damages. "Jackson alleged that he did not object to the admission of said territorial claim as amended, but prayed the Judge to reject Fenton's petition for costs and damages. The Judge having heard the aforesaid claim and evidence, and proofs, read at the petition of Fenton, on motion of counsel, and with consent of Jackson, admitted the aforesaid claim; pronounced the goods to belong as claimed; and by interlocutory decree the same to be restored to claimant for the use of the owners and proprietors thereof; and having heard advocates and proctors on both sides, by further interlocutory decree pronounced the demurrage to be due from the day of the capture, viz. the 5th of January, to the 4th of March last, as also interest on the value of the cargo for such period, and special damage, if any could be shewn, but gave no costs; and further reserved the consideration of premium of insurance. "On Wednesday the 14th of March 1810, before the Worshipful John Sewell, &c. the deputy registrar's report, as to damages, is confirmed if not objected to by this day. The Judge was pleased to confirm the said report. Present, Allen and Jackson. "On Saturday, the 10th of October 1810, before the Worshipful John Sewell, &c. Fenton and Allen alleged, that on the 14th of March last the registrar and merchants' report as to special damages was confirmed, and that their clients had made repeated application to the captor's agent for the payment of the amount of said special damages as confirmed, but that he had not been able to obtain the same; and prayed the Judge to decree a monition to issue forth against the said captors and their agent for the payment of such special damages, and which the Judge decreed accordingly. 666 "Monition. George the Third, by the grace of God of the United Kingdom of Great Britain and Ireland King, defender of the faith. To John Chapman, Gent., Deputy Marshal of the Vice-Admiralty Court of the island of Malta and the territories thereunto belonging, greeting: Whereas, the Worshipful John Sewell, Doctor of Laws, Judge of the Vice-Admiralty Court of the island of Malta, and the territories thereunto belonging, and also to hear and determine all and all manner of causes and complaints as to ships and goods seized and taken as prize, specially constituted and appointed, rightly and duly proceeding in a certain cause or business of prize, moved and prosecuted before him in our said Court on behalf of George Miller Bligh, Esq., commander of our ship of war Glatton, the captor of a certain vessel called La Madonna della Lettera e Gesu Maria Giuseppe, whereof Francisco Micali was master, against the said ship or vessel, her tackle, apparel, and furniture, and all and singular the goods, wares, and merchandizes laden therein, and also against Gregory Mattei, the claimant of the said ship and cargo, on the 15th day of April, in the year of our Lord 1809, by his interlocutory decree, decreed certain goods to be restored to the said claimant for the use of the owners and proprietors thereof, and condemned the captors in certain demurrage, costs, and special damages sustained by the claimants: And whereas on the 10th day of October instant, the said Judge rightly and duly proceeding at the petition of the proctors of the said claimants, alleging, that on the 14th day of March last the regis trars 1832. OBICINI V. BLIGH 1832. OBICINI บ. BLIGH. trars' and merchants' report as to the special damages and demurrage was confirmed, and that their clients had made repeated applications to the captor's agent for the payment of the amount of said special damages and demurrage, but that they had not been able to obtain the same, hath decreed monition to issue forth against the said George Miller Bligh, the captor of the said ship and cargo, and William Robertson, the agent of the said captors, to pay to the said claimant the the sum of 2991 scudi, 11 taris, and 11 grains of Malta currency, being the amount of said special damages and demurrage as confirmed, besides the charges of this monition, and the execution thereof, within fifteen days after service (justice so requiring); we do therefore charge and strictly enjoin and command you, that you omit not by reason of any liberty or franchise, but that you monish or cause to be monished, peremptorily and personally, the said George Miller Bligh, commander of our said ship of war Glatton, the captor of the above vessel and her cargo, and Wm. Robertson, the agent of the said captor, to pay, or cause to be paid, to the said claimant, or his proctors, the sum of 2991 scudi, 11 taris, and 11 grains, being the amount of such special damages and demurrage, as confirmed as aforesaid, besides the charges of this monition and the execution thereof, within fifteen days after service, under pain of the law, and the peril which will fall thereon; and that you duly certify to our aforesaid judge or his surrogate, what you shall do in the premises, together with these presents. Given at La Valetta, in our aforesaid ViceAdmiralty Court, under the seal thereof for causes, this 27th day of October, in the year of our Lord 1810, and of our reign the fifty-first. "W. Stevens, Dep. Reg.' "Monition against captors and agents to pay special damages and demurrage. "Fenton and Allen, Proctors." Endorsed, |