10%.
74
The case to which I will refer is that of the Athol reported by M. Robinson's in the first volume of Reports p. 374, in which the late learned Judge of the Court of Admiralty Dr. Kuchington refused to decree a monition against the Lords of the Admiralty in respect of damage done to the English Ship Athol by Her Majesty's Ships. One of the principal grounds on which the learned Judge refused the monition was because he observed that the Court would have no power to enforce the monition should the Lords of the Admiralty refuse to obey it. At the same time he stated, quoting Lord Stowell in the Case of the "Mentor", that the actual wearer was the proper person to commence judgment; and that a libel ought therefore to be issued against the Captain of the Queen's Ships.
One more case shall be...