Year: 1861

the opinion OF the Court
as follows


This is action for the recovery of certain liabilities
alleged to be incurred by the defendant for conveying
on board the bark Comet, of which he was MASTER
Michael Morton Webster out of the Kingdom without
passport The case is before the full Court on an
appeal from the decision of the Chief Justice the prin-
cipes of which approve and, therefore, it will be
unnecessary to reexnmne in DETAIL the legal positions
taken by the defendant.


The Court will remark, however, that they have es-
pecialy re-examined the argument, that pressed
with SO much zeal and ability before u.s. that the proof
must be conclusive that the defendant had knowledge
ofWebster being passenger board the Comet. We
should regard this construction very easily defeating
the force of the Statute without any completely of the
master. This provision may be hkened to many cases
under the laws. where persons incur liability
for acts in which they do not participate, and have
knowledge.


The Court regard thorough and faithful search of
the vessel previous to passing the boundaries of
jurisdiction, without finding the passenger such 9TH
er course as evinces careful and thorough diligence
in guarding against persons making their escape, as
compliance with the law.


1t has been cOntended, very ingeniously that, al
though this construction obtsins, still the vessel was
not out of the jurisdiction of this Kingdom, although
she had passed the marine league the adjOn-
ing its territories and that if the passenger discover
ed, in this case within four FIVE hundred miles of
the port, before he has passed into the jurisdiction
OF another Government, that it the duty of the
10
dcton of his creditors. 1t true that the Court has
admiralty jurisdiction, as contended, over the high
SEAS but the question before to d. de is what is the
true intent and meaning of the Statute The language
is, that &c every master commanding officer of
sci who shall convey out of the Kingdom any person
not having pa port shall be subject a fine of fifty
dollars and be liable for all debts which such person
may have left unpaid in this Kingdom What is the
meaning of the word Kingdom - in this connection
Does it refer to the territory which our laws





Shore does it refer also to admiralty jurisdiction
on the high seas' Had the latter been the intention of
the law, it should have been explicit for the
al and the legal meaning of the word Kingdom y has
such extended application, and it would be doing
violence to every principle of construction of Statute
penal in its character, to impart to it such enlarged
application. When the terms uSed, '' within the
Kingdom Of Great Britain I" within the United
States jurisdiction is not claimed on the high But


it contended with great ingenuity that the rights OF the
party claimed principles recognized by Admiralty
Courts which prevail over the high seas, and he seeks
redress in court having admiralty jurisdiction While
this is true, the powers to be exercised in admiralty
must be governed by law 1t is true that it is n well
settled principle of maritime law that owners
sponsble in the admiralty for the torts of their masters


in acts relative to the service of the Ship and within
the scope of their employment. This debility imposed
by our Statute before unknown to the Admiralty
1t is new provisOn-a new prohlbtOn-and, although
have regarded it coming within admiralty jurIs





meaning and extent of the special provision 1t is not


liability incurred for the violation of any general
principle recognized in the Admiralty, of any statute
of the country under which the bark Comet sails 1t is
founded upon a statute of this Kingdom, and it can
have greater force extent than its terms impose
The act complained of is committed in passing the
boundary of the Kingdom to the high seas, the Ad
mralty therefore, rghtfuly jurisdiction and if
there defence at the time and place, the liability
be incurred subsequently the high seas There is
no provision of law against taking man on board a
vessel on the high seas and giving him passage TO
any part of the world If however, there evidence
of colusion originating within the jurisdiction and to
be carried out beyond to defeat the spirit and purpose
of the Statute unquesonably the legal liability would
be the but there is no provision against convey
ing person found concealed on board vessel when
the high the port of destination 1t is said
that the offence committed and the liability incurred
when the knowledge is impaired to the master that
passenger is board without passport This cannot
be legal position if the view have taken OF the u
risdction of the Kingdom be correct. If the vessel is
out of the Kingdom and a passenger is taken on board
and conveyed to its port of destination it certainly
not be violation of law which is limited in its opera
ton to the distance to which this Kingdom may law
fully extend its exclusive dominion the adon
ing its territories 1t is unnecessary to discuss the
question of liability for taking person board be-
yond the exterior line of exclusive jurisdiction,
der circumstances which would naturally excite suspi
cions that he trying TO make his escape from the
kingdom whose laws he had violated, persons
with whom he had incurred liability. The decision
must be made according to the facts and circumstances
of each if they connected the act with the master
of the vessel, any under his command prior to
passing the boundary Of exclusive jurisdiction it would
be violation of the law. In this case IT is admitted
that the defendant entirely innocent of any eolu
sion and ignorant of Webster's being board the
time the vessel passed the boundary.


The next and final ground of defence is, that the
agents of the owners had made thorough and faithful
search of the vessel Capt Wilcox esties that Wilcox
Richards & CO. were the agents Of the bark Comet in
September last, and that be of that firm at
that me and that after the vessel hauled off from the
wharf he went board, and said to Mr. LemOnt, the
first officer, and Mr.. Ragsdale, the purser, You must
look and whether there are any persons slowed
AWAY on board He said further, will look into the
cabin, and you may look forward into the steerage and
matches were cauked down-they went
forward and went into the cabin and asked the stew
ard if there were any strangers there lie replied tat
he did not know whereupon looked on one side while
went aft and on the other side when came back,
passed round the entire cabin and the after cabin Also
There was no one slowed away in any OF the births.
did not see Webster on board that day. Lemont and
Ragsda le brought to me man who had slowed him
elf away and they said they could find no more. If
Webster had been on deck, should have seen him. He
,ould not have been slowed away aft without being
een The hatehways are usually closed in the morn /
ng before the vessel sails, and then caulked down,
Is they were this occasion If he had been in the
old he could not nave got out WITHOUT ne hache De-
ng taken off, There two hatchWays on deck.
There is also small hatchway in the cabin under the
able and another forward leading into the forecastle
know the one in the cabin is caulked II IS not used
has an oil cloth over it. The table is stationary
hink there is another hatch leading into the run 1t
used for stores sometimes. l did not move that
atchway or go down. l would not like to stay there
great WHILE il is so close. did not think il was very
kelly that there would be anybody there. The table
nd carpets and scutte have be moved TO get down
here. 1t would be difficult to be slowed away there
7ithout help. Search is always made by myself
r Mr.. Richards. After the search left the vessel
1st off the esplanade, as she was sailing out


1t was admitted that Lemont and Ragsdale would,
present, testify that Mr.. Wilcox ordered them to
earch the forecase and steerage while the said Wilcox
earched the cabn and that pursuant 70 said order the
MD bark Was searched by the parties afoTesald and