1815. GROSS and Another v. LA PAGE. Steers v. Lashley, 6 T. R. 61. Booth v. Hodson, 6 T. R. 405. Mitchell v. Cockburne, 1 H. Black. 379, and the cases cited above.. The following is an abstract of the act of parliament which, as it has been seldom adverted to, and considering the extent of our present trade with Russia, may be of use. It is entitled, "An Act to enlarge the Trade to Russia." Whereas king Philip and queen Mary, by their letters patents in the first and second years of their reign, being will ing to animate, advance, and further, the persons in the said letters patents named, in their good purpose and profitable adventure, for the discovering, descrying,and finding out isles, lands, and territories unknown, lying to the northward, and by English subjects before then not commonly frequented by sea, as well for the glory of God as for illustrating the royal dignity in the increase of the revenues of the crown and the general wealth of this realm, did incorporate certain persons by the name of merchants' adventurers for the discovery of lands, &c. &c. &c. with powers to make statutes, acts, and ordinances, for the good government of the said fellowship, and also to admit unto the said fellowship persons to be free of the same; and that every person or persons so to be admitted should, from the time of their admittance, be free of the said fellowship; and that the said fellowship should have and enjoy the sole trade to all the main lands, isles, ports, havens, creeks, and rivers of the Emperor of Russia, and to all other lands, &c. &c. &c. mentioned in the said letters patents. And whereas the liberties, powers, and privileges, granted by the said letters patents, were afterwards, by an act of parliament, made in the eighth year of the reign of Queen Elizabeth, ratified and confirmed to the said fellowship and their successors, by the name of the fellowship of English merchants for the discovery of new trades, with power to have and enjoy all and singular the liberties, privileges, jurisdictions, powers, and authorities, as well in the said letters patents as act of parliament mentioned or contained, with a prohibition that no subject or denizen of this realm should traffic to, visit, or frequent any of the places granted by the said act to the said fellowship, but by order, agreement, or consent of the governor, consuls, and assist ants of the said fellowship, or the major part of them; upon pain that every person and persons so offending should forfeit and lose (ipso facto) every such ship and ships, with the appurtenances, and all such goods and things whatsoever, as by any such persons should be by any means, directly or indirectly, carried, conducted, bought, or exchanged, in, at, or to, through, or from, any of the places prohibited, contrary to the true intent of the said act; one moiety thereof to the queen, her heirs, &c. and the other to the said fellowship. And whereas the easy admission into the said fellowship will, in all probability, tend very much to the enlarging the said trade for the public good, and for that there is no mention made, either in the said letters patents or act of parliament, upon what terms persons shall be admitted, or what certain fine shall be taken by the said fellowship, for the admitting persons to be free thereof; therefore for the ascertaining hereafter what fine shall be taken by the said fellowship for the said admissions, and for enlarging and encouraging the trade to Rus sia, and other places mentioned in the said charter; Be it enacted, by, &c. &c. that from and after the 25th day of March, 1699, every subject of this realm desiring admission into the said fellowship, known by the name of the Russia company, on request in that behalf to the governor, consuls, and assistants, or any three of them, shall be admitted into the said fellowship, and shall have, use, and enjoy, all the liberties, &c. &c. &c. granted to the said fellowship, either by the said letters patents or act of parliament, the same as any other member may, or can have, such subject paying for his admission for the use of the said fellowship only, the sum of five pounds, and no more. Sec. 2. And be it further enacted, by the authority aforesaid, that from and after the said 25th day of March, the sum of 5l. only, and no more, shall be demanded or taken by the said fellowship for any admission to the freedom thereof; any by-law, statute, or ordinance of the said fellowship made, or to be made to the contrary thereof, in any wise notwithstanding. Sec. 3. And be it, &c. by, &c. that where any person or persons residing in any out.. port, or any other place within this realm, dominion of Wales, or town of Berwick- •upon 1815. GROSS and Another v. LA PAGE. 1815. V. LA PAGE. Tweed, shall make request to be admitted into the said fel GROSS and lowship as aforesaid by his Another agent or deputy, making tender of 5. for his admission, the said governors, consuls, and assistants shall, under the common seal of the said fellowship, within ten days after such request, appoint one or more person or persons to admit such person or persons into the freedom of the said fellowship, and to administer to him, or them, the oath to be taken by the freemen of the said fellowship; which oath they are hereby empowered to admit nister; which admission and administration of the said oath shall be as good and effectual as if the same were actually done by the said governor, consuls, and assistants. Sec. 4. And be it, &c. by, &c. that the commissioners of his Majesty's customs shall, at every session of parliament, lay before both houses a true account, in writing, under their hands, of what naval stores shall have been imported into this kingdom by any persons trading to Russia. 1815. TRE FAITH and Others v. PEARSON. Where a ship commander of is seized by the one of his Majesty's vessels as prize, and is afterwards re leased without any suit being gainst her, if have any ground of com. plaint, his re dress is in a Court of Admi action can be ralty; and no maintained at common law, RESPASS for breaking and entering the plaintiffs' vessel, forcibly detaining her whilst on her voyage from Senegal to Great Britain, carrying her to the island of Barbadoes, in the West Indies, and detaining her for several months. There were various counts in which the injury instituted adescribed was in substance the same. The defend- the plaintiff ant pleaded-1st. Not guilty. 2d. That at the time of the grievance committed the defendant was commander of one of his Majesty's ships of war, the Benbow; and that he had seized the plaintiffs' vessel because she had no manifest on board. 3. That he boarded the plaintiffs' ship in order ascertain whether the ship or cargo belonged to any of the enemies of the king; and that, after diligent examination of her papers and cargo, &c. having probable cause of suspicion that part of the pers. cargo was American property, he detained the ship, and directed her to be carried into Barbadoes, and kept her there, to be dealt with according to law. 4th. The fourth plea stated, that the defendant, having probable cause of suspicion that the ship was American, seized her as a lawful prize. to The circumstances were these: on the 31st of March the brig John sailed from Senegal to London; on the 5th of April she fell in with the defendant, who was the captain of his Majesty's ship the Benbow, and had a squadron under his comVOL. I. I either of trespass for seizing the ship, or of false imprison ment for con fining the cap tain and mari 1815. FAITH and Others v. PEARSON. mand. She was brought to by a shot which passed between her masts; and the defendant immediately sent on board his prize master, his third lieutenant, and a gang of men: they examined the ship, the crew, and the papers; the lieutenant observed, that the ship looked like an American; that she had American canvass and rigging; and that the captain and the mate had the appearance of Americans. He took the master on board the Benbow with him, and the ship's papers. The master returned in half an hour, with the third lieutenant, who wished him a good voyage, and left him. Not long after, another shot was fired from the Benbow, and again brought. them to. The same persons came on board, and ordered the mate and all the able seamen to join the Benbow. The defendant desired to know whether the John had any slaves on board, and being informed that she had none, he asked for the manifest, but none was produced; he then examined the cargo book, and observed that a leaf had been torn out. He added, that the ship was not in the proper course for London. He took possession of all the ship's papers, and put them under seal, and then directed the vessel to be taken in tow by a brig belonging to his squadron, and in this state she arrived at Barbadoes. After a few days every thing was restored, and the vessel was set at liberty; but the master had previously been sent a-shore in custody of one of the defendant's officers, and the mate and crew had been treated as prisoners of war. The vessel made London on the 10th of August, 1814. The John had been in the American service; she had been taken by an American privateer, but recaptured. She had, at the time of |