Report of Proceedings in Causa Her Majesty's Advocate V. Fleming and Others; Claiming the Vessel "Pampero," Seized Under the Foreign Enlistment ACT (5

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864. Excerpt: ... INNER HOUSE--FIRST DIVISION. Wednesday, 2d March 1864. Mr. Clark.--I appear for the reclaimers, the owners of the ship 'Pampero.' The present proceedings commenced by the seizure of that vessel under the 7th clause of the Foreign Enlistment Act, and that was followed by an Information filed on the part of the Lord Advocate, for the purpose of obtaining a decree to the effect that the ship had been forfeited under the 7th section of that Act. A claim was then lodged by Messrs. Fleming and others, maintaining that no forfeiture had been incurred, and that the facts stated in the several counts of the Information were not so stated as to set forth the offences under the Statute by reason of which a forfeiture had been incurred. The defenders maintained, at considerable length, before the Lord Ordinary, that the counts were not relevant or well laid under the Statute, and we asked his Lordship to determine that question as one which ought to be determined before any inquiry took place, and as a question which could not be raised, so far as we knew, in any form except in the form in which it is now raised before the trial. His Lordship pronounced an interlocutor appointing a certain day for trying the matters put in issue by said Information.' In short, his Lordship has held the different counts as issues raised for trial. We are all the more surprised at the course which his Lordship has taken, because he does not say that the pleas which we have raised are bad in themselves; and I think your Lordships will notice, with some surprise, that the Lord Ordinary says: --' So 'far as the Lord Ordinary can judge at present, the defenders will 'not be precluded, merely by the case being appointed to be tried, 'from afterwards availing themselves of any plea in law an...