CO129-085 - Sir Robinson - 1862 [1-4] — Page 38

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Mercantile low, is primarily responsibl

his principals in respect of the

for

Cargo.

to this view the

According Captain of every vessel, even the Captain of a war Steamer

of

friendly Power, would in the absence of any other responsible agent within the daristiction be answerable for

any

A

breach of Contract, and as properly. defendant in

smit in the Arughing Count; and I confess I see nothing in the mixed character - Royal yet Commercial _ of the "Malerpina" to deprive the Supreme Coint here of its Inristiction, or to render an Summons to appear before it

C

served on board void; and I therefor commot consiour that there is any

just cause

cause of international complaint

that has been

t

for

the proceeding

[

taken.

Ascuming, however,

fri

the

sake of Argument, that the mere technical objection

as

to

the

Service

of a Anmmons on board a Man-of-

war were valid, there

imagine be

can

J

no question that Civil suit might be instituted

h

against the Captain of a Freign Ship oftom and process served upon him Нота

pation of truphong

if found

in

any

or it's waters, beyond the limits of his vessel. From such proceedings