Detention Of A Vessel's Register

Saturday last, Messrs.. Windeyer and Browne were engaged for a couple of hours in hearing the case of Graham v. Besnard, which was a proceeding under the Imperial Statute, 3 and 4 William IV., section 27 ; for that the defendant detained the registry of the Black Swan sloop or vessel. The defendant had been in possession of the vessel as master, paying a certain sum monthly to Graham, as composition for freight, which, being in arrear, Graham took the sloop into his own custody, and applied to Besnard for the registry, which Besnard refused to deliver up, alleging that he had rented the vessel for 12 months, which had not expired. The case as to detention of the certificate of registry, and refusal to deliver it over to Graham was fully proved; but no evidence was given that the contract was not for 12 months, as the defendant alleged ; though, at the time defendant made that allegation Graham denied such agreement to exist. The Court thought that a colourable right was shown, which ousted their jurisdiction summarily, and on that view dismissed the case.

P 64 11 May 44