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...
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10%.
74
The auxet care to which I will
that of the Athol reported M. Robinson's
refer
i
in the first volume of Reports p. 374, in which the late learned Judge of the Court of Admiralty Dr Kuchington refused to decrde a monition against
the Lords of the Ademically in respect
damage
done to lan
English
! Drip by Her Majesty & Groups Sh Athal. One of the principal
grounds
"load re
2
refused
the monition in hich the more
mas,
the learned)
Judge observed, because the would have no power to enforce
the monition
Chould
if the Cords of the Admiralty child
to
a by
it. At the same
refuse
time be statibl.
stated, quo
quoting
Lord Stowell
the
the words
Case
of.
doer
Mentor, that the actual wearer.
was the proper person to Canemer juoyment; and that & Position ought therefore to iene aganist
the Captain of the Proops Phips. –
litid on
One
More
Cave
shall be
>
this point, it is that of
B
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