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Scottish Court of Session Decisions >>
Frazer v the Master of the Flying Hart. [1673] Mor 11919 (10 July 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor2811919-037.html
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Captain Frazer having pursued an adjudication of the ship, called the Flying Hart, before the Admiral, he, before answer, gave commission to try the property; the Captain gave in a bill of advocation on this ground, that there was sufficient evidences for a present adjudication of the ship and loading.
The Lords having advised both the reasons of advocation and the principal cause upon the bill, they did advocate the cause, and adjudged the ship and loading, because the ship was only instructed with a pass, dated in November 1666; and by the skipper's oath it is acknowledged, that this pass was not for this ship, but for another ship of the same name, which perished several years ago, and so is a false document; and because the ship being loaded at Amsterdam, she had no bills of loading; and the skipper and steersman deponed they knew not to whom the goods belonged, but that they had order from a merchant in Amsterdam to consign the goods in the pack-house of Stockholm, to be delivered to such persons as should bring such marks, which they found to be a clear contrivance to colour the Dutch trade.
