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§ 671.

iióo

„I confess that some of the language used in The Kronprins Gustaf Adolf (664) seems to show that the late President meant to lay down a rule that wherever the Crown had the benefit of the money they ought to pay interest to the claimants when an order for release was made. I do not, however, think that he intended to lay that down as a general rule, and I cannot see that it is in any way consistent with the numbers of orders made for the release of goods without payment of interest.... I do not think that he gave interest by way of damages, but he gave interest because he thought that in all the circumstances of the case there was such a hardship upon claimants that he ought to do something to mitigate it, and he mitigated it by giving interest on the money.... — In this case the question whether the goods ought to be released was a difficult question, which the Crown had a perfect right to have investigated by the Court, and I can see no reason why the claimants should be in a better position than they would be in if the goods had still remained in specie. They would then have no claim for compensation, although they might have suffered loss. Unless it be laid down as a general principle that, wherever goods are sold and the money comes into the hands of the Crown, and an order for release is made, the claimants are to have interest on the money because the Crown have had the use of it, there are no special grounds in this case for allowing interest. I do not think any such general rule can be laid down

Pour les mêmes motifs, le successeur de Lord Sterndale, Sir Henry Duke, a refusé de confirmer la décision du „Registrar" de placer, au profit des ayants-droit,. le prix de vente de certaines marchandises saisies. Voir sa décision Drottning Sophia and other ships (1326a):

„In this group of cases certain goods brought in for condemnation as prize and claimed by various claimants have been sold, and the proceeds, amounting to about £ 85.000, are in Court.... Application has been made in chambers for directions that the proceeds of sale of (these) goods be placed on deposit in joint names to be agreed, or, alternatively, invested in the public funds.... Upon the application for dealing with the fund in Court, an order has been made in the Registry, and the Procmator-General appeals.... The application is novel in

character Having regard to past practice, and to the effects which

would follow the introduction of orders for investment of prize funds at the instance of either captors or claimants, I am not ready to introducé or adopt a novel procedure in this case. It is true that in The Kronprins Gustaf Adolf (664), the President, Sir Samuel Evans, ordered payment of interest by the Crown, but this was done under exceptional circrarnstances, as Lord Sterndale pointed out in The Hallingdal (1160). With the exception of a long delay in bringing the cause to hearing, for which I cannot hold the Crown to be in fault, there are no exceptional circmnstances in this case, and the order appealed against must be set aside."

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