The Sun.
London, England, 1823-05-14 00:00:00

HIGH COURT OF ADMIRALTY, MAY 13.

GENOA AND ITS DEPENDENCIES.
Dr. PlinersionE appeared in this case on behalf of his Ex-
cellency Count Ludolf, Envoy Extraordinary and Minister
Plenipotentiary from the King of the Two Sicilies to this
Court, in virtue of an Order in Council,' issued on the 26th of
July, 18• x?, by which Count Ludolf was authorized " to re-
ceive certain prize-money due to Sicilian offiterS, scitinen. and
soldiers, for captures made in conjunction with his Britannic
Majesty's sea and land forces during the late wars,"' in the
manner and according to the terms of two several Acts of Par-
liament ; the one that of the 17th Geo. 111. cap. 47, the other
48 Goo. 111. cap. 100. An act on petition had been entered
into by both parties, and the Learned Counsel understood that
some objection was to be taken to the Order in Upuncil.
[The prize-money in question is due principally On the caP-
tures and booty, which were made in the year 1814, on the
coasts and islands of the Mediterranean Sea, by the heet and
army of his Sicilian Majesty; acting in conjunction with the
British forces, and particularly for the prize taken in the corn.
mencement of the same year by the Sicilian portion of an expe-
dition planned and commanded by Vice-Admiral Sir E. Pei-
lew, Bart. (now Lord Exmouth), the Naval Conimander-ine
Chief, on the Mediterranean station, and Lieutenant-Ge-
neral Lord William Bantinek, Commander:in-chief of hie
Majesty's Land-forces employed in the Mediterranean, as-
sisted by the Navy and Army of the King of the Similes,
at the reduction of the city and fortress of Genoa. Other
prize-monies are also claimed tut due to Sicilian captors on the
following enemy's ships and vessels captured by the seine
description of forces—namely, La Ca Ira, be Censeur, and
L'Expedition, captured in the year 1794; L'Acide, in 1795 t
and La Diana, in 1800; and on the capture of Malta, on the
15th of September, 1800 ; of Genoa anti Savona, in June,
1800; of Tarragona, on the 19th of August, 1813; of Genoa
and Savona, again, on the 19th of April, 1814 of Spezzia, on
the 30th of .March, 1813;' of the island of Zante, Cephalonia,
and Cerigo, on the 2d and 12th of October, 1899 ; of Santa
Maura, in April, 1810; of Curzola, on the 29th of January,
1813 ; of Agosta, the 3d of February, 1813; of Ponza, the 28th
of February, 1814 ; and of Diarnente, on the Bth of September,
1808. Of these monies, many shares had not yet been claimed
by the Sicilian captors entitled thereto, in consequence of the
distribution having been made in England, and on other ac-
counts, and being paid into the treasury of Chelsea Hospital
for the most part. Count Ludolf, in virtue of the two acts of
Parliament, and of the Order in Council, applied to the trea-
sury to pay over the same to him, to be remitted to Naples
and Sicily for the benefit of the parties interested-. This ap-
plication being refused, proceedings have been instituted in this
Court.
I.Ard STOWELI asked, whether the refusal to pay depended,.
merely on the wording of the act, or of the order in council ?
The King's ADVOCATE replied in the affirmative. It would
be his duty to submit, that upon referring to the act, the word-
ing would be found not to go so far as to include this case. It
was made with a view to give Sicilian captors the benefit of
sharing in certain priie proceeds arising out of former captures ;
but though it had clearly such a retrospective operation tthe'
second act, or 48 Geo. 111. was only to explain and amend the
preceding one), yet it had no prospective operation to such an
extent as to bring this case otGenoa and its dependencies with.
in its scope. This was the difficulty that the hospital had felt
in the case ; and it was one, perhaps,_ that could only be re-
moved by the bringing in a new Act of Parliament.
Dr. Answer), who was with his Majesty's Advocate, added,.
that the general tenour of the order was correct, but the emu-
meration was supposed to be erroneous.
Dr. PIIILLIAIMIE and ":Ir. LUMINOTON, for the claim-
ants, contended, that if the act of the 48th Geo. HI. was pass-
cd with a view to give the Sicilian captors the benefit of a re-
trospective and beneficial enactment, a,furtiori it must be taken
to protect them, prospectively, in the case of any similar dis-
tributions to be made at future periods. The opposition set up
by the Learned Counsel on the other side went to infer that this
order in council was literally good for nothing. Nothing more
was now asked at the hands of the Court, backed as the request
was by the authority of that order, than that the same payment
out of the treasury of the Chelsea Hospital should be made to
Count Ludolf, which was made under the 48th of the late
King, to the Prince Casteleicala, who was then the Neapolitan .
ambassador.

The KING'S ADVOCATE intimated, that the opposition in
this case was founded upon an opinion which hail been inti-
mated by the Law Adviser* of the Crown, that the wording of
the Act would not quite embrace the grant.
Lord STowEti. said, that in that case it would be well that
some communication should be had with the Law Ofiir•ers of
the Crown and the case had better stand over till that should
have been made.