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Scottish Court of Session Decisions >>
Jacobson v The Earl of Crawford. [1674] Mor 16792 (20 January 1674)
URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor3816792-002.html Cite as:
[1674] Mor 16792
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Milliad Jacobson, master of the ship called the Hope of Bridges, having made shipwreck upon the coast of Fife, where the Earl of Crawford is heritable Bailie, his depute caused gather what could be had of the wreck, and did declare the same as wreck, to belong to the Earl by his infeftment, as being infeft in the regality with the Admiralty within the bounds thereof. The stranger gave in a supplication to be heard against the decreet confiscating his goods, being no enemy, upon pretence of shipwreck, contrary to the law of nations, and the particular law of this kingdom, by the statute of King Alexander, declaring, “That when any thing comes alive to shore, the goods shall be restored to the true owners, if they can be known;” according to which the Lords of Session found that an ox coming alive to land, the goods were not confiscated as shipwreck. It was answered for the Earl of Crawford, that by the law of most nations, and by the custom of the Admiralties of Scotland, shipwreck did always confiscate the goods to the Admiral; 2do, That there was a far later statute, declaring, “That stranger's ships broken upon our coast, should have restitution of their goods, where they observed the like law upon their coasts,” and offered to prove, that in Flanders shipwreck is confiscated, albeit the owners be alive.
The Lords found that this act of Parliament behoved to rule the case, and granted commission to either party here, or in Flanders, to adduce witnesses for proving the custom there.
