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A supercargo, who had been intrusted to employ the proceeds of the outward cargo in tobaccos, and to draw biils for a further sum, but had grossly failed in both parts of his duty, having neither sold the outward, nor purchased the inward cargo, to the great loss of his employers, being pursued in an action of damages, the Lord Ordinary, before whom it came, did, ex proprio motu, 'Find the cause maritime, and remitted the same to the Judge-Admiral.' But the Lords, upon a petition against this interlocutor, without appointing it to be seen, “Found the cause to be of a mixed nature, which might be pursued either in this or the Admiral Court; and remitted to the Ordinary to proceed accordingly.”
Fol. Dic. v. 3. p. 353. Kilkerran, (Jurisdiction.) No. 2. p. 300.
