William Hayes and George Johnson v John Reid and William Reid

• Jurisdiction: Ireland
• Judgment Date: 26 April 1848
• Date: 26 April 1848
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

WILLIAM HAYES and GEORGE JOHNSON

and

JOHN REID and WILLIAM REID.

Trantor v. WatsonENR 6 Mod. 12.

Ex Parte Law 2 Dow. P. C. 528.

AnonymousENR 2 Salk. 551.

Edmundson v. WalkerENR Carth. 166.

v. Fowler 1 Ld. Ken. Cas. 354.

Menetone v. Gibbons and another 3 T. Rep. 267.

The Rhadamanthe 1 Dod. A. R. 201, 205.

Battersby v. Kirk 3 Scott, 1.

Lane v. Bennett 1 Tyr. & Gr. 441

Buxton v. Snee 1 Ves. 154.

Watkinson v. BernadistonENR 2 P. Wms. 367; S. C. 2 Eq. Cas. Ab. 512.

Justin v. Ballam Salk. 34; S. C. 2 Ld. Ray. 805.

The Ocean QueenENRUNK 1 W. Rob. 457; S. C. 5 Jur. 1201.

Bayce v. Jones Jebb & B. 105.

Wilkins v. CarmichaelENR 1 Doug. 101.

The Vrow MinaENR 1 Dods. 234.

The AlexanderENR 1 Dods. 278.

The Zodiac 1 Hag. 325.

The VibiliaENR 1 W. Rob. 6.

Richardson v. CampbellENR 5 B. & Al. 203, note.

Busk v. FearonENR 4 East, 319.

parte HalkettENR 3 Ves. & Bea. 135.

Hussey v. Christie 13 Ves. 594.

CASES AT LAW. 119 E. T. 1848. Queen'sBench. WILLIAM HAYES and GEORGE JOHNSTON JOHN REID and WILLIAM REID. April 26. PROHIBITION.-In this case a conditional order had been obtained, A writ of prohibition directed to the Judge of the Court of Admiralty, prohibiting him will not be goaunrtte do ft o At hde. proceeding further in a suit wherein John Reid and William Reid were promovants, and the barque or ship " Vestal" of Dublin was alty for having ex- impugnant, to attach or condemn the said ship. ceeded its jurisdiction, The affidavit of William Hayes and George Johnston, to ground unless. portunity have the conditional order, stated that in March 1847 Theodore Wilson been given to the Court be of Dublin, merchant, was the registered owner of the " Vestal," and low of judging of the matter that he, by a duly registered bill of sale of the 12th of December in question. 1846, assigned 32-64th parts, or one-half of the said vessel to Qure, is the port of Wilson and Edmonds, and that Wilson and Edmonds assigned their London a foreign port interest in the vessel to deponents by bill of sale of the 3rd of within the meaning of the August 1847 (which transfer was also duly registered and indorsed statute 3 & 4 upon the certificate of the original registry of the vessel), upon Vie. c. 65, with reference to Irish ships P trust to sell and dispose of said vessel, and apply the proceeds in settlement of certain accounts between Wilson and Edmonds ; that Wilson had become bankrupt, and by a notice of the 31st of DecemÂÂber 1847, the solicitors of the commission of bankruptcy, acting for the assignee, called on deponents to dispose of the vessel ; that on the 13th of December 1847, a warrant or process issued out of the Court of Admiralty in Ireland, professing to issue in a certain cause in which William Reid and John Reid, of the city of London, were promovants, and the said ship " Vestal" impugnant, directed to the Marshal of said Court or his Deputy, commanding them to arrest the vessel, then lying in the harbour of Dublin. That subsequently a libel or allegation was exhibited in the Court of Admiralty by the proctors for William Reid and John Reid, praying that said vessel' might be sold under the process of said Court, and out of the funds of 120 CASES AT LAW. the same when brought into said Court payment might be made to the promov ants of certain demands in said libel set forth. That it appeared by the libel that John Reid and William Reid were proÂÂceeding in said Court of Admiralty to sell and condemn the ship, on the ground of a demand made by them for 39. 7s. 11d., the price of certain provisions and stores delivered on board for the use of same, on the order of the master, when lying in London in July 1847. That deponents duly appeared in the Court of Admiralty on the 19th day of January 1848, by their proctor ; that the Court was enterÂÂtaining the suit for the aforesaid purpose, and was about to proceed to sentence in condemnation of the said ship in payment of the aforesaid demand. That under and by virtue of a warrant or process of the Court of Admiralty the ship was arrested on the 14th of December 1847 ; and that in order to obtain the arrest, an affidavit was sworn by John Reid on the 9th of December 1847, before the Lord Mayor of London, and filed in the Court of AdmiÂÂralty on the 13th day of December 1847, stating the claim of the promovants against the ship. That on the 13th of December 1847, the Judge of the Court granted a fiat, grounded on such affidavit, for the arrest of the vessel, and that the vessel was still in the custody of the marshal of the Court. The affidavit further stated that deponents were advised William Reid and John Reid had no lien on said ship for said sum, and had no right to arrest or sell her for payment of their demand ; and that according to the rules of the Civil Law which prevail in the Court of Admiralty, that Court would proceed to condemn the ship to be sold for payment of such demand, and that deponents were entitled to have a writ of prohibition directed to the Court of Admiralty to restrain such proceedings. That the articles for which the suit was so instituted in said Court of Admiralty were supplied to said ship while lying in the Thames close to the city of London, at a...