Arrestments were used upon a vessel lying in Glasgow harbour for the purpose of founding jurisdiction. A messenger-at-arms who was employed to execute a second warrant of arrestment upon the dependence of the action, when he found that the vessel had in the meantime sailed from harbour, pursued her on board a tug-steamer with thirty men, overtook, seized, and brought her back to port when she was some way down the Clyde and fairly started on her voyage. Held [aff. judgment of Court of Session] that as the mode of executing the second warrant of arrestment was clearly illegal, the arrestments fell to be recalled, and without caution.
Where arrestments had been used against a ship which had been pursued on her voyage and illegally brought back to port at the instance of certain parties and their mandatory, to the latter of whom the illegality was directly due, and where these arrestments were recalled without’ caution- held [ aff. judgment of the Court of Session] that the ship could not then be arrested at the hands either [1] of the granter of the mandate, or [2] of the mandatory in his private capacity, or [3] of parties who had granted authority to the mandant to act for them, and who had a common end to serve with him in executing the diligence.
Judges:
Lord Chancellor, Lords Hatherley, O’Hagan, Blackburn, and Gordon
Citations:
[1878] UKHL 779, 15 SLR 779
Links:
Jurisdiction:
England and Wales
Transport
Updated: 13 October 2022; Ref: scu.646309