Cafes of the former Volume fince heard on Appeal.

Before the Lords Commiffioners of Appeal in Prize Causes.

BETSEY, Murphy, June 22, 1799.-Affirmed, but no Cofts given.-Corr. vol.i. p.101.

EMBDEN, Meyer, February 10, 1800.-Affirmed.

Before the Judges Delegate in Causes civil and maritime.

THE BETTY CATHCART, Gillespie, July 1, 1800.Affirmed.

.

trals with the

THIS was a cafe of a fhip and cargo taken on a Trade of neu voyage from Batavia to Copenhagen, December 27, 1798, by His Majefty's fhip the Brilliant.

JUDGMENT,

Sir William Scott.In this cafe the ship is claimed as the entire property of Meffieurs Fabritius and Wever of Copenhagen; and half the cargo alfo is claimed as belonging to them, by Mr. Fabritius the fon, being employed as fupercargo on board this

veffel.

The Court directed that this gentleman should give some account of the property of the remainder

VOL. II.

B

of

colony of the

enemy. Effe of covering enemy's property, by neutral merchants, with regard to other goods belonging

to

them, in the

fame cafe.

The EENROY.

May 219,

1799:

of the cargo; it being claimed "as the undivided property of Fabritius and others," he was called upon to specify who were the copartners: The Court was more particularly induced to make this order, by the fpecial application which had been made on the part of the claimant to allow this very gentleman to be examined, as a person who was acquainted with every particle of the tranfaction, and who could give the Court the moft fatisfactory information upon every circumstance belonging to it. To the furprise of the Court this gentleman has now faid in his affidavit, "that he cannot fet forth the fpecific interefts, except as hereafter mentioned, as he was fick. and confined at Batavia, and obliged to entrust the actual fhipment of the cargo to Mr. Inglehart, with whom he had not come to any final fettlement before he left that place." It is worthy of notice that, although Mr. Inglehart was the actual fhipper, his name does not appear in any one of the fhip's papers, although it has happened to peep out fince in several other cafes. It is, I think, on the face of this excufe, an extraordinary circumftance, that a perfon employed as fupercargo in a foreign country, (who muft necef farily be required to give an account of all his tranfactions to his principals,) falling from illness, under the neceffity of executing his truft by an agent, fhould not, immediately on his recovery, put himself in poffeffion of every thing that had been done for him by his fubftituted agent during his confinement; this is furely no more than what every agent, in fuch a fituation, would naturally have done: Mr. Fabritus fays" he did not;"" but knowing that the funds arifing from the outward cargo of this veffel,

and