bearens v rucker insurer liable to pay the charge of a compromise good fide  make to prevent the ship from be condemned as lawful prize or to avoid a great  expense action on a policy of insurance date saint July on a Dutch ship call  the Tyd and its cargo at and from St Eustatius to Amsterdam warranted a Dutch  ship and the good Dutch property and not load in any French port in the west  Indies the cargo be worth and be insure at fifteen guinea per cent for though  the common premium before the French war be but three guinea per cent yet it  be thus advance by the number of capture which the English have make of  neutral vessel on suspicion of illicit trade and the detention of these vessel  by the proceed in the court of admiralty the defendant underwrite of the  plaintiff for a premium of S d in may the ship be at saint Eustatius take in  her cargo which consist of sugar and indigo and other French commodity which  be put on board her partly out of bark from sea partly from the shore of the  island the that of June she sail on her voyage that of June be take by a  English privateer that June be carry into Portsmouth on the saint of August  the sailor be Blackstone er p examine upon the stand interrogatory prescribe  by stat g c and the captain enter his claim iithe admiralty court Blackstone  in October the claimant be cite to specify what part of the good be take from  the shore of saint Eustatius and what from the bark citation continue from  court to court till February the that of February interlocutory decree be  pronounce for the contumacy of the claimant in not specify what part of the  cargo be so take and that therefore the good shall be presume French property  appeal to lord commissioner of prize many cause stand before it the market be  very high the cargo in part be perishable wherefore the agent of the owner  agree with the captor to give they and cost to obtain a reversal of the  sentence the reversal be have by consent and in order to give cost to the  captor it be decree by consent that there be a sufficient cause for seizure  and thereupon cost be decree to the captor and restitution of the cargo to the  owner be also order the ship when restore proceed to Amsterdam and arrive  there the that of August and the Chamber of insurance in that city settle the  average of the plaintiff towards the loss and the expense at S d occasion by  the capture detention and litigation and for this sum the action be bring Lord  Mansfield the first question be whether this be a just capture both sentence  be out of the case be do and undo by consent the capture be certain unjust the  pretence be that part of this cargo be put on board off saint Eustatius out of  bark suppose to come from the French island and not load immediate from the  shore this be now a settle point by the lord of appeal to be the same thing as  if they have be land you the Dutch shore and then put on board afterward in  which case there be no colour for seizure the rule be that if a neutral ship  trade to a French colony with all the privilege of a French ship and be thus  adopt and naturalize it must be look upon as a French ship and be liable to be  take not so if she have only French produce on board without take it in at a  French port for it may be purchase of neutrals Blackstone second question  whether the owner have act good fide and upright as man act for themselves and  upon a reasonable foot so as to make the expense of this compromise a loss to  be bear by the insurer the judge of the Admiraltys order to specify be illegal  contrary to the Marine law and the Act of parliament which be only declaratory  of the Marine law because if they have specify it can be of no consequence  accord to the rule I before mention yet the captor be however in possession of  a sentence though a unjust one and a court of appeal can or seldom do upon a  reversal give cost or damage which have accrue subsequent to the original  sentence for those damage arise from the fault of the judge not of the party  under all these circumstance therefore the owner do wise to offer a compromise  the cargo be worth the appeal be hazardous the delay certain van de Poll the  Dutch deputy in England negotiate the compromise the Chamber of commerce at  Amsterdam ratify and think it reasonable have the whole sentence be total  reverse the cost must have sit heavy on the owner I therefore think the  insurer liable to answer this average loss which be submit to to avoid a total  one verdict for the plaintiff a a this case seem to be the only one in which  this point have be express determine but it be cite without contradiction in  Tyson v Gurney TR by g c S c continue by g c S c all contract to ransom vessel  capture be declare absolute void and therefore where after a illegal sentence  of condemnation the owner repurchase his ship which have be capture it be hold  that be can not recover the money so pay from the underwriter Havelock v  rockwood TR where bear v rucker be also cite