1788-12-01 (static/transcriptions/1788/12/040.jpg)
Of prize money. Same book 526.
In assigning Errors in Exchy the Chamber, the Counsel quote a ms of Sir Edwd Simpson, formerly King’s Advocate & Judge of the Admiralty, in these words
“Offence undoubted rule in Admiralty & Exch Courts, that person suspended for an offence supposed, of wch he is afterwards acquitted in proper court, is intitled to all the intermediate profits.” “Thus in case of capture of prize at sea, the officer in arrest being actually on board, and afterwards duly acquitted or restored to his station, shall share the prize-money.” So in civil causes “in Admiralty – If a master turns his mate without just cause before the mast, and he sues for wages as mate for the whole time, he may recover, though he did not do the duty.” “So if a Clergyman be suspended ab officio and beneficio, and upon an appeal declared innocent, he will recover the profits of the living.” “profits – Person suspended from an office entitled to intermediate profits, if innocent.”