{"id":9469,"date":"2017-11-25T05:03:56","date_gmt":"2017-11-25T05:03:56","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9469"},"modified":"2017-11-25T08:11:05","modified_gmt":"2017-11-25T08:11:05","slug":"droits-of-admiralty-the-lord-high-admirals-rights-to-goods-which-have-been-abandoned-or-captured-at-sea-in-time-fo-war-by-a-non-commissioned-ship-to-be-redistributed-to-the-public","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9469","title":{"rendered":"Droits of Admiralty – the Lord High Admiral\u2019s rights to goods which have been abandoned or captured at sea in time of war by a non-commissioned ship, to be redistributed to the public"},"content":{"rendered":"

droit<\/span>:<\/span><\/strong>
\n(French)<\/p>\n

1. A right.\u00a0 Opel v Shoup<\/em>, 100 Iowa 407, 69 NW 560.<\/span><\/strong><\/span><\/p>\n

droit of admiralty<\/span>:
\n<\/strong><\/span>n<\/em>. (18c)<\/span><\/p>\n

1. The rights of the admiralty,\u00a0\u2014 goods which have been abandoned found at sea; goods captured in time fo war by a non-commissioned ship. [1]<\/strong><\/span><\/p>\n

1. The Lord High Admiral\u2019s rights in connection with the sea, such as the right to recover proceeds from shipwrecks, enemy goods confiscated at the beginning of hostilities, jetsam, flotsam,\u00a0<\/span>treasure, deodand, fines, forfeitures, sturgeons, whales, and other large fishes.\u00a0 *\u00a0 The droit proceeds are paid to\u00a0<\/span><\/strong>the Exchequer\u2019s office for the public\u2019s use.\u00a0<\/strong> See<\/em> PRIZE (2).<\/span><\/p>\n

\n

\u00a0 \u00a0 \u00a0Excerpt from William\u00a0Holdsworth’s\u00a0A History of English Law<\/em><\/a>\u00a0(7th ed. 1956):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe crown had originally certain rights to property found\u00a0<\/span><\/span>upon the sea, or stranded upon the shore.\u00a0 The chief kinds of\u00a0<\/span>property to which the crown was thus entitled were, great fish (such as whales or porpoises), deodands, wreck of the sea, flotsam, jetsam, and lagan, ships or goods of the enemy found in English ports or captured by uncommissioned vessels, and goods taken or retaken from pirates . . . . After\u00a0<\/span><\/span><\/strong>the rise of the court of Admiralty the Lord High Admiral became entitled to these droits by royal grant . . . . The right to droits carried with it a certain jurisdiction.\u00a0 Inquisitions were held into these droits at the ports, or the Vice Admirals or droit gatherers reported them to the Admiral.\u00a0 The large terms of the Admiral\u2019s Patents incited them, or their grantees, to frequent litigation with private persons or other grantees of the crown . . . . The Admiralty droits . . . are now transferred to the consolidated fund.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

flotsam<\/span>:<\/span><\/strong>
\n(17c)<\/span><\/p>\n

1. Goods an debris, especially those from a shipwreck, that float on the surface of a body of water.<\/strong>\u00a0\u2014 aka\u00a0floatage<\/em><\/span><\/strong>;\u00a0flotage<\/span><\/strong>.<\/em><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Edward Bullingbrooke’s\u00a0The Duty and Authority of Justices of the P{eace and Parish Officers for Ireland<\/a>\u00a0<\/em>(rev. ed. 1788):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0 “None of those goods which are called\u00a0jetsam\u00a0<\/em>(from being\u00a0cast\u00a0<\/em>into the sea while the ship is in danger, and after perisheth) or those called\u00a0flotsam\u00a0<\/em>(from\u00a0floating\u00a0<\/em>upon the sea after shipwreck) or those called\u00a0lagan,\u00a0<\/em>or\u00a0ligan\u00a0<\/em>(goods thrown overboard before the shipwreck, which sink to the bottom of the sea) are to be esteemed wreck, so long as they remain upon the sea, and are not cast upon the land by the sea; but if any of them are cast upon the land by the sea, they are wreck.<\/span>“<\/span><\/strong> [4]<\/span><\/p>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1<\/span><\/strong>]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[2]:\u00a0<\/span><\/strong>Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[3]: 1 William\u00a0<\/span>Holdsworth, A History of English Law<\/em><\/a> 559-61 (7th ed. 1956).<\/span><\/strong><\/p>\n

[4]:\u00a0Edward Bullingbrooke’s\u00a0The Duty and Authority of Justices of the P{eace and Parish Officers for Ireland<\/a>\u00a0<\/em>897 (rev. ed. 1788)<\/span><\/strong><\/p>\n<\/div>\n

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