Legal Definitions - commission of unlivery

A commission of unlivery was a historical legal order issued by a court, typically in maritime contexts. It compelled the unloading of cargo from a ship so that the goods could be officially inspected and their value assessed. This assessment was often necessary for purposes such as calculating customs duties, resolving disputes over damaged goods, or determining the value for insurance claims or legal seizures.

• Example 1: Customs and Duties

  Imagine a merchant ship arriving in a bustling 18th-century port, laden with a valuable consignment of silk from the Far East. Customs officials suspect the ship's manifest undervalues the cargo to avoid high import duties. To resolve this, a court could issue a commission of unlivery. This order would legally require the ship's crew to unload the silk onto the docks. Once unloaded, independent appraisers could meticulously inspect and value the goods, ensuring the correct amount of customs duty was levied by the authorities.

• Example 2: Insurance Claims and Disputes

  Consider a scenario where a ship carrying barrels of fine wine encounters a severe storm at sea. Upon arrival, the consignee (the person receiving the goods) claims that many barrels were damaged and the wine spoiled, demanding compensation from the shipping company and insurer. To verify the extent of the damage and determine the actual loss, a court might issue a commission of unlivery. This would mandate the unloading of the wine barrels, allowing independent surveyors to examine each one on the quay, assess the damage, and establish the fair value for the insurance claim or dispute resolution.

• Example 3: Legal Seizure and Asset Valuation

  Suppose a wealthy merchant, facing significant debts, has a ship arrive in port carrying a personal collection of valuable artworks. A creditor, having obtained a court judgment against the merchant, seeks to seize these assets to recover the owed money. In such a case, a court could issue a commission of unlivery. This legal directive would compel the ship's captain to unload the artworks. Once on shore, the collection could be formally appraised by court-appointed experts to determine its market value, which would then be used to satisfy the creditor's judgment.