124 



THE PREDECESSORS OF THE 



the Recorder to restrain the sale till the captors should give 

 security to account for the proceeds in the event of the case 

 being held, in the Prize Court at Home, to have been a case 

 of recapture only, subject to salvage or otherwise, with a 

 view to have a sale decreed under the direction of the Court 

 of the Recorder, and the proceeds deposited (to abide the 

 same event) in the Company's Treasury. The Court consi- 

 dering itself as called upon by the Bill not to assume a Prize 

 jurisdiction, which it disclaimed, but to examine a function 

 auxiliary to the High Court of Admiralty in England, 

 entertained the suit upon the authority of Barnsley v. Powell, 

 (1 Ves., 290), and the captors declining to give the security 

 required, the ship and cargo were sold under its order, and 

 the proceeds having been secured as prayed, were in the 

 end distributed according to the sentence of the High Court 

 of Admiralty in its Prize jurisdiction duly certified, such 

 sentence having adjudged it to be a case of recapture only. 

 Sir William Scott, Judge of the High Court of Admiralty, 

 in prononncing judgment commended what had been done 

 by the Court of the Recorder. 85 



It was Sir Thomas Strange's intention to have published 

 Notes of Cases in the Prize Court, in which the one mentioned 

 above might perhaps have been included ; but believing that 

 in the event of another war this jurisdiction would be other- 

 wise provided for, he determined to content himself by 

 depositing with his successor in office a manuscript copy of 

 the judgments in that Court, which he had prepared for the 

 Press. 86 I have not been able to ascertain what has become 

 of this manuscript. 



Government Correspondence with Recorder's Court, pp. 108 to 127, 

 Preface to Notes of Cases, 



