Star. — London, England, 1804-11-09 00:00:00

INTELLIGENCE. MAILS THIS DAY.—Wind E, S. E. All. Del. All. DVS. o 3 Hamburg's o O 4 PORTSMOUTH, NOV. B.—Yell:4day evening one Ruffian frigate and a hoop of war arrived here, and fainted the Englint flag. This morning the TICK LIR and FIIM gun brigs failed to the eaftward, as convoy to the King's two yachts. At eight this Morning arrived a Ruffian two-decleer with a Com modore's pendant : alto arrived a Span& frigate,which is ordered under quarantine: alio tbe ItATT LIR, with the lofs of her lir wfprit, and foe top mall, having inn foul of an Indiaman in a gale. The Locust is detained here in expettation.of a Court Martial tak ing place on the Lieutenant of the KING Gsciaos cutter, which was loft off Havre. A strong gile from the fouthward. Avor ate Larritt.—Arrived the Menage fri gate, from the Mediterranean, accompanied by a Spanifh frigate, Matilda, laden with quickfilver, from Cadiz, bound to the River de le Plata, which did ot fire a 'hot; the ARGUS floop of war, FIRM and TICIILIit SOD -brigs, from a cruise ; alfo a Ruffian 64 gun (hip, and two frigates. Yetterday arrived the Cattetar frigate, and the R a floop of war, from a cruise, the former with the loft of bet bair n:At. The ALsicoat floop of war, Capt. Hea viest, flipped her cablet this afternook, and went in chafe of two 16 psi lugger:, which were than off Selfea Bill by the Ruffian flips. Went into harbour the Exc LLLLL T and "Eu /YALU'S. Wind Southerly. DIAL, NOTRSIIIRR B.—Arrived and failed for the River, the Lady Caittereagh Eaft Indiaman, halt from Plymouth; Planter, Bondi, from Virginia; Royal Sovereign, and the Prince's Augnfta yachts, from Weymouth. Arrived the Adamant man of war, from Portfmouth ; and the Vulture (loop of war, from Dungeners ; and remain in the Downs with the (hips as per Taft. P. S. Arrived in the Downs from the weßward a Ruffian man of war, and fainted the flag, which was returned by the MON &RCN man of war, the Right Hon. Lord KEITH.—Wind S. S. W. Se LLLLL es, Nov. 8.---Yefterday failed the KITTY armed ship, for the Baltic. There were no fhips out ward bonnet. The }lacers gun brig has this day failed with a (mall fleet of Gripe under convoy, for Tonningen. The Rent galliot was to have gone with her, but the has been driven by the late gale of wind on more on Q2eenbre Swale, where fhe unfortunate ly cannot be got off till the neat ling tides. The buke of Kent, laden with malts, yards, Re. from North America to Chatham, isialro on (bore an Grain Emit, from the nnfleilfulners of the Pilot. The law gale of wind has done confiderable damage here ; about ten Mips have come in to tar, lonic of them with the lofs of all their anchors and cables. Yaestoura, Nov. 8.--Yefterday arrived here from *he Baltic, the Neptune, SMITH, and Perfeverance. l Waao, of this port, with timber and pipe Raves, Pot , is here leaky; the Bridgewater, ALra. CALDWELL, froth Riga, bound to London, with hemp alfo the Othorn and Royal& armed !hips, bound to the Downs. This morning a large (hip, bound to Lon don, from the Baltic, was brought in here by a Mh ing smack, having loft two anchors and cables, with her rudder. Arrived and failed fur the Humber, with convoy, the KITTY armed (hip. Sailed the Vixen and Scout armed brigs. Remain in thefe Roads the Mon M OUTH, of 64 guns ; Olborn and Royalift armed Slips, Snipe gun brig, and three cutters. Wind S.S.E. DOTER, Now. 7.—The brig which went on Ihore at Dungenef% on Saturday last, is the Eurydice, of Geße, from Valencia, with a cargo of brandy, bound to Entbden. Very little of the veltel is Paved; but the principal part of the cargo has been got on (lure. The light collier on three in the fame place is the brig Honduras, of and for Sunderland, taken a few days before (he was fir muted, by two French privateers off beachy Head, ssitich put three Frenchmen on board ; the crew of the brig overpowered the Frenchmen a few hours after the was captured ; and one of our f r igates, which was a few miles to the inward, bore down upon the brig, and put three men on board in Read of three men the impreffed. It is fuppored that the loft of the veffel was occafioned by the igno rance of the frigate's men, who were unfortunately aleaana•al. Sailed the Lain toe., Captain stittr, and fmack Fortuna, Cs ptain Wv st ANTS, hotli from Am iterdatn, with wheat, the f o rmer bound to Cadiz, and the latter bound to Lifb in. A kRIVED. Off Dover, the Philadelphia, Coihen, Rom Philaddphia. , At Cowes, Pittrellus, Boyl, from St. Thomas's. At Limerick, Lord Duncan, Lucy, from London ; Occan,Brißow ; and the Cornwall, Blygh, from the South Sens. The Racked and Ann,--, from Riga, arrived at Hull on the 6th init. failed from the Sound on the 3,Rwith a fleet, tuider convoy of the Lion armed Ship, and parted from them on the ath laßant. EAST INDIA SHIPPING, &c. Yefterday an overland Packet was received at the Eaft India Houle, by which we learn, that the (hips GLATTON, CISENCESTSR, and Wlntsst.saa, arrived at Bombay the aoth June, 1804. The nos :wrong, Lear!, and extra (hip Ass, were at Bombay, and were to be difpatched from thence for Europe. The SIR EDWARD HUGHES and PHANTOM frigate arrived 11t Fort St. George the 26th May; and the Motningtun, a country (hip, arrived at Fort St. George the 16th of the fame month. The advises from Madras are data 7th June ; thofe from Bombay Bth July. The following is an extra& of a letter from thence, dated on the sth : " The war with Holkar commenced fome time ago, by Col. Mow sow's detachment taking one of his forts by efcalade. The enemy foon found an opportunity of retaliating upon one of his out pofts, which they furprifed with a number of cavalry, and cut them to pieces ; our party confified of 400 fepoys, four offi cers, and so European artillery." We have been favoured with a letter from Madras of the sth of June. which contains a very eliftina account of the difpofition of the whole naval force under the command of Admiral Raiment in that quarter. • At Madras---The LANCASTER, of 64.. 8 uns; SHEER NESS, of 44; Wm:frt.:sloe, a rmed en Hute ; the CA- Rouyn and PHAITON frigates; and the Vicrot and another (loop of war. Admiral RAINIER was ex pe&ed every day in the TRIDENT, with the TREMEN DOUS man of war, TERPSICHORE frigate, and DASH aR (100 p of war. The following (hips were difperfed for the protec Lion of the trade, viz.---ARROGANT, Itussata., At.- vow, Sr. zzzzz L C8117%11130/1, and GRAMPUS men of war; the Sr. FIOiLINZO. Fox, DEDAIONBUSE, and Coscoan-frigates, and RATTLSINAKS (loop of war. We have heard, that letter. cf a later date have been received from Madras, which mention the arri val of Admiral Ram La, with all the (hips which he had with him on a croize, except the S and Atsiott, which were difpatched to convoy fume of our h o meward-bound fhips to St. Helena, where they had arrived on the gth of June. LAW INTELLIGENCE. COURT OF RING'S BENCH, NOV. 1. BURFOTtD T. WILLINGHAM. Mr. Serjeant BEST moved for a new trial. An salon for a malicious profecution, in which the De fendant was a conftable and had indiaed the Plain tiff for an affault, when he ferved him with pincer:, COURT OF COMMON PI.EAS, NOVEMBER!. and the Plaintiff had thrown it at him, and, at the fame time, damned the Juftices who had fent it. On BUTCHER o. BUTCHER. this trial the plaintiff had been acquitted and brought Mr. Serjeant Sit ry H aRD moved their Lordthips for b en l. to thew caufc, why the verdilt which had his aftion for a malicious profecution, and obtained be obtained agairtfl the Defendant in this caufe a verdia. The ground for a new trial wan that the ffiould not be ref afide. He reminded the Court of con A able had lifted under the controul of Magi ftrates the leading fa in this cafe, which were, that Mrs. and therefore was not a malicious profecutor.—Rule Butcher had lent three feveral rums 45001.001. and to (hew caufe granted. I 3001. to her fon Edward Augullus Buechel, a wine PARIS% HARPUIL AND OTHER% V. THE PROPRIETORS merchant in the city. She had afterwards given a or THE GLAMORGANSHRI CANAL. releafe for there different firms and a bond of indem- Mr. MILLS applied for a new trial in this tare., oily, by which he was made free from all payments The plaintiffs were proprietors of the Mellin Griffin of there rums feparately and diflinaly mentioned, and Works, and, by a claufe in the Aft of Parliament.' alto from the payment of all ether demands whatever, they were entitled to the furplos of water from the tip to the date of the indemnity bond. The cafe of canal. It appeared Upon the trial, that the locks of Thorpe v. Thorpe, in Grenville's Reports, p. 235, the canal were allowed tri get out of repair, and form had been cited as a precedent agairdt the cafe of this other milmanagement committed, which canfed a client, but he maintained that there was a material great wafte of water, to the great injury of the Mel difference between them, as in Thorpe's cafe there lin Griffin Works ;and the Jury found a verdia for was a releafe in general terms from the payment of the plaintiff, in 3001. damages. M-. Mixes con. all demands, fet up as a defence. But then it ap. tended, that this verdia Ihould be fet elide, inaftnocb peered that the releare was given on condition of the as no particular damage had been afeertained ; and, payment of 71. and an aelirm was brought for the re• had the Inekhreeper been applied to, this walk would covery of that firm. But here there was an indem- have been remedied. nity, not only in general terms againft all claims Lord Er . LLLL oaounst—« The damage done to which might be made on the defendant on Mrs. B.'s thole perfons might have been much more : in Ouch account, but al againft any demand which might cafes the damages are alrnott incalculable ; I fee no be made on account of the three rums, as fpecifically grounds for granting a new trial." mentioned. He thought it nereffary to mention to F ait afa , v. WHITTALL . ..their Lordlhip., that the fon had been to India, and Mr. Dact.cs applied to.the Court for a new trial that intending to go out there again, lie had depo- :n this cafe. 'Oleic was a verdia obtained for t he lited there papers in the hands of his mother. She Plaintiff, which, he contended, Was contrary to cvi died Otortly after that, and left the deeds in an cove- dente. lope, fcaei up, nd dreaed " the care of r. The Plaintiff was 2 tncrchant, and the Defendant Mackay, l for Mr. a E. A. Butcher." To M y. Mr. Mackay and a warehoufeman in this Cit The allion afore nut Mr. Butcher were joint executors of Mrs. B.'s Will. of One cochineal belnnging to the Plaintiff, which The Lord Ca :Er Jruricx raid that he might take had becn depot - reed with the Defendant, and bad been a Rule and be at liberty to argue ; but that he thnught taken nut of his warehoufe. ,it was very likely that the evidence wmld eas open t a eaed upon the trial, that Harris, a lock to inference aratinft him as for him. W i hy b that cove- fm i th, pp had made fecure and proper fa fl e nin g s for the lope WS not directed to Mr. B. himelf, inlead of doory of the watelioute in quon tome few ;ears making A Mr. M a he tru t acc for him, h e t could not fee. ago. On the sad nf Deceniber latt, he was fent for The Court teen ordered that copies of the Relede to examine the locks, and he found the bar removed I and Bind of Indemnity &odd be produced on the and, upon looking further. found the door had been further hearing of the cafe. opened by.a fkeletan key. The watchman of that beat SW:tTH D. TAYLOR. silo deputed, that he found the padlock nun the door -- Mr. Serjeant Ss; sr wrap moved fora Rule to thaw fan. Copy of a Lette r from Ca p tain MARSHALL, of the cattle why the and the bar scent's, at ten o'cloc k the ni g ht v e rdict in this cafe fitould not be let before. Hill , a fervant of the Defendant, alio flat brig Cambrian, a conflant trader from Gun and Shot slide, and • tninfuit wcred. This was an aftion for ed, that he fattened the doors over night, and depo. Wharf, to Ban, in Lincnlnfhirc, to bis owners : a t enact, and was tried before Sir JAMS, Mal sritLD, Seed the keys in the ufual place. On the next mor « Sts. Inform The of nty Cafe arrival here after • rod pal at the fall Affixes for Norfolk. ning upon going In the warehoure, the door was are, i woe sac of the Deeps cn le ft n in iom i irg, Otlober 13, The Jury, in returning their verdia, had given found open, and the cochircal, with fume other ar ...asdabbeeeet S l eet/ lothLaftentcenion ? 1 c w x . th e a eutter wh t:r t is t a i : tool. Damages to the Plaintiff. It was an *aim tick., was miffing. However, upon this wieners's caste ..,:et,fwered,froen Nevecaltli. with cinders. expo W 1.1( he brought by the Plaintiff. who called binsfelf a Phy eras-examination, it appeared that the Defendant ate net keep fortker uff, I would Ore at him, wilt* I did attest— titian, :spina the Defendant, who is an Apothecary. had difmiffed him upon this very account, farseeing He Warned the elmPl.h,eDt„n r i l quit_k_: hi.s_.amt_ ll . l e w et r ' d nut " The declaration listed, that the Plaintiff, before the that, either by his negligence, nr Catching ware, Irell"'"'Xilgt4bal: pu t oar ;:ip".l,'"ut7";n7remme7:o...e.g77o"• fpcakiag of the words, had been regularly diplo- the pawls in quenion were loft. It alfo appeared, moot 'boat fund men, coming to board us, wbick I war air.ia be mated as a nltyfician , and there were keen l counts that the Defendant adiertired the goods aft miffing. woad, oar Otto ma:demote round. being but little e b.d.•-• which went to prove the fame thing. The Plaintiff and fuppored to be Intl, uttering a reward of fi fty Au Na be lows to Atilt( ; Ind we kepi than off with our In' 3 ' had aaed in the capacity of a Phy ciao, but the ex- guineas. arms, till I could g et ow great runs to Ixar oo the ob rouNt ed .. fide " eeption now taken was, that no evidence was ad- Lord E LLL I L nintloll--" After the goods were 31: for thicttp,,,,:j,:boo,:r.)„,fcadnoNaura,eita uw; Pl ea out h C i r , d oted upon eta.. trial, as to the authenticity of the 1011, the Defendant pronounced his own judgment. am a, start r o ar l e a about is men bolo. Bids Goo, we te. ellpitlabl, And, moreover , that the Plaintiff had never in difeharging his fervent, and loth e adeertilenient, ce ived no daspeetbot to [befals end outo, : I have isad but ere been licentiated. which was neceffary to praaifc hts the Jury mull have pi neeeded pon one of two fail tbat it clear of thoi holey i be ha. Sant reveal of our runnio? po ,r e m„ il . points, either negligeocd,or rol,bcry ; they were not *ging away. We engaged at tbr &Ranee of about tee Tardy , we wore between Weis and the rmatmg Los . lam hop ," to S ir jAmt•s!IASSTI,ID TCCOliteed the cattle having , satisfied of the catie of the Defendant, and found a ray. wc laved oar Mar. and Captain Mina, of the burro., that been rota. bc! ot e him at Yarmouth ; and that it ass e m :t upon the former." His Lt rdthip was thin nets Thoprlvauer caitiff In .son at ,'atil. ii , ye oat [col Cap- 1., e wo ra, s is aten by the Api.the , ,ii y, who called the Arlin to telle the motion, m lon Mr. D b tainptsen finee that nidtv.. I arm remain. Sir.) oar oboitent ler. Plain:ill Doair Such a 0-e.—fiuie granted. fro vcd. that he had fome a‘..thari:ies to fuggeft to vont, ,m. uas,uatl.... Mr. Serjeant Sirs To cc : ' en' . :"r:d his la rdlhip to a the Court, to (hew that ast archouteman lA'AS not HAL SOW 11l 1160.7 corm. " "we' l l r" . `" l 'ert l'" r e l i similar c.,f„ iii the ath l cum Reports, Moiks T. li a ble for the felony nt his (arrant ; and the motion in k e d.rons sad sit; her men fel and pi, i. wry AM; hroym ..n 1 ~. e a % her tarasit watt,* la's urtimilaelall a Omit one sp. A'..ourg 1 L n^rtiton, vs I,icli was an aciina i c xr Hander, and cur- was then ordered to nand for farther cuntiderdtion &I Iwo OS bassed:' I rcfpoadci,l v. ith Ca. , raiaa. tiantai taw. babe Waterford • FROM LLOYD'S LIST. Oltawtsettn, Nov. 8 —Paffed by the Adventure, Simcock, from Norway; Nile, Cream, from Memel ; Maria Dorothia, Beyland, from Longfound ; and the Jonge Ankln, Oce7y, from Harlingen. Salted the Concord, Dowding, for Africa; Heeler. Grath, for Dublin ; Jorge prow Anra, ----, for Tot:minim; iris, Kemp; Grote Will, Klinken; and the Twe Ochroders, Cordite', for Embden. *ILLIAMS O. TLS Plaintiff is Keeper of the Angel Inn, in the stt4d; the Defendant a gentleman, who, with his 'if?, had been a gueft at the Paid inn, and contrad ed R bill, to the amount of 2 9 1 . for w hich the Plain tiff Commenced his aftiun, and the Defendant plead. ed his minority, and that many of the articles had were nut necelfaries confident with his fituation in life. Mr. Serjeant VAUGHAN moved the Court to poll pone the trial till the next fittings at NO Priv:, on account of the alsfenee of Mr. Carpenter, an Attor ney, a principal evidence, now in' Cornwall. Mr. Serjeant Bess . faid, this was the fecond propo fition for putting off this trial upon frivolous pre tences ; and that it did not now appear to the Court, that any endeavour had been made onihe part of the Defendant, to bring Mr. Carpenter before the Court by fuhpcena. Mr. Vauou AM repl i e d, that Mr. Ca rpenters ordi nary refidence being in London, it was expelled as of comic, that he would be in town the firft day of term ; nor was his ahfence at Co great a diftance known, until the Mellinger went to his houfe to leave the fubpcena. The Court was pleated to grant the motion. but with an allowance of this day's full coils to the Plaintiff. ILAILTON AND RANKIN w. HODSON. Mr. Serjeant SIIIIPHERD moved the Court for a Role, with intent to fet slide a verdict in this cafe. The falls were, that Mr. Dodfon had been Clef k to Mar.. Smith, Lindley, and Co. He afterwards en tered into the export trade. A confiderable quantity of bale goods were had from the Plaintiffs by Meas. Smith and Co, and afterwards they came into the hands of Mr. Hosifon, who exported them in his own name, as would be ken by a reference to the different invoices. A great many of the articles were calen dei ed, glazed, or printed, after they left the hands of the plaintiffs, before they were (hipped off for exports tint,. The bottle of Smith and Co. afterwards failed.l and an sgbon was brought to recover payrneat from Mr. Hodfins. The quethon therefore was, whether the goods were not aaually fold by !taken and Ran kin to Smith. and Co. Etnd whether it right not to them alone that the plaintiffs had a legal gto look for payment ? the Court was of opinion, that Smith and Co. whatever they might be in other relpeds, were, with regard to Mr. Hodfon, no more thin his brokers, and no doubt they received a cernmillion for fo doing, as tradefrnen ufually do in fuch cafes. A faflor un queltionably might be made liable at law, but his principal was alfo refufed.• • THE 1110 C O.II6IINiT. The Dlendant having anfwere d all peabi objelt ed to in his conduit to the fatisfadion of the Mader, , he was difeliarged. The Rule againtt James Barber, calling on him ter anfwer matters of an affidavit, imputing tnifeondudl with refpeft to bail, was made abfolute. Avis v. tOND YIN/WAD AND OTHAIf. Mr. Scr ca nt Cocatr.t. moved to fet afide the sir did in th i s cafe. The adios was brought (Won ri policy of a Lifelnfurance, and a verdiB found for the Defendants. The quettiun before the Court was upon the Rate of health of the Lady mentioned in the py licy. at the time of making the influence, which wee in the year 1802, and the died five months after: On the part of the Plaintiff, a fury= was pro duced on the trial I,clow, who Rated; that he had felt the Lady" pulfe, and carefully examined thp Rate of her health, at the time of making the infu rance. She was a woman of about as y ears of a g e, in as (hong and good a Rate of health as any woman in England. Several witneffei were alfo called to this COI. On the part of the Defendants, a Medical Gently man, an Apothecary, was produced : bt hated, that the flugeon was in a great mifiake relative to the Lady's health ; the was very partial to the braedy bottle, and was in a continual Rate of inebriety. Another Medical Gentleman was alto examined, who Rated. that, on the 53th of November, be wait ed on the Lady, and fo und that her flotnal was nes ther in a bad hate, arifing from an immoderate rife of fpirituous liquors, which frequently ea ufed a weak nets and debility in the ftomach ; he again fair her on the.aoth, and the was almott recovered. On uhf wth of January, he found her perfectly reflored to health, in the fame way as any young perfon of a good conftitution might be, under fundar cireuttei fiances. He was then allied, whether it was probable the would go off, as all perfons in that habit did, was the to continue drinking brandy, as the had done ? to which he replied. that a good conaitution will bear up again(! Inch for a long time. • The Learned Judge who prefided, left it to the jnry to enquire, whether the was healthy at the time of making the infurance ? obferving, that if the con tinued the bad habit the had cow/ailed, the was nog a filbjed for a policy of infurance. Upon this, the Jury found a Verdih for the De fendant. Lord Ext.smananucw.—" The warranty was on the phyfical cnnftitution, and not on the moral ha bits of this Lady. Take a Rule to thew cattle." . SHIM AND OttIERS. Mr. Pals Moved to fet afide the verdict is this. eaufe. Ir was an adion on the cafe for the creftion of a nuifance, and diverting a water.courfe, and was tried before Mr. Jake GaatsAM, at the late Affixes for Laneafhire. In the ar 5724, the Defendant had a pofition nit the river Derwent, which pofition was higher chats that of the Plaintiff. No mills were beat upon this part of the river until about 57 years ago. In con fequence of a great Ruth in the river, and the weir being out of repair, it was carried away, aid, in the year 5768. a new one erected fomewhat higher up the river, which cro ff ed it entirely , and , in dr y feafons, the D e fendant was accullomed to take the whole of the river. In the year *7BB, the Plaintiff came to that neighbourhood. and crated a new weir, and appeared perfedly fatisfied to take whatever water the Defendant could (pare him, and ufed frequently to fend to him to know when it would be convenient for him to let the water down; but, fince that time, the Plaintiff has increafed his works froin eight to 3$ wheels, and this was the real canfe of salon. The learned Judge who tried die caufe, told the Jury to find a redid for the Plaintiff, as the whole matter turned on a quellion of law; upon which the verdi& was accordingly found for the Plaintiff. Mr. Pass, however, contended, that there were fuflicient fads for the Jury to try ; the Defendant had the prior roc copancy, and certainly had done nothing to lay a foundation for fuch an adios. Lord EL L /Nnoitotrait—" to think there a n nulateea hve been a queftion for the Jury try. Take thew caufe." LAWRENCE O. EIDIZOTTORE. Mr. Serjeant Gooey st. applied for a Kole to Sew cattle why a new trial fhonld not be granted i f n this cafe. The aelion was brought on a pouey o infu ranee made by the Defendant on a (hip and cargo from Liverpool to the Coaft of Africa, and from thence to the Weft Indies, and came to be tried be fore Mr. Baron Graham, at the laft Lancalbire AC. Gies. Liberty was given by the policy for the veffel in gnellsort to chafe, capttre, and man. She arrived Cafe on the Coaft of Africa, and falling in with a French (hip, chafed, captured, and carried her to the Well Indies along with her having previcrelly com pleted her cargo. The prize not being fo good aL sailer as the valet jointed, it was proved that the in fined had lain to for her often, for three and fie hours at a time, and had proceeded in this manner for more than a fortnight, when Die foundered at fea. The Learned Serjeant maintained on the nial. that in proceeding as the had done, the infired had been guilty of • deviation t for though allowed to chafe, capture, and man, the was not at liberty to take under convoy, and in that manner to impede her voyage. Even the lying-to for a Otort petiod, he conceived, would have bete a deviation t but it could never have been in the view of parties that be was to take any relicts (he might capture under her convoy, thereby protrafting the endurance of bar own voyage to any indefinite period. Judge Lawa aac a enquired if there was no warra¢ ty as us the number of the crew and Lord Essavioaouoit remarked. that being at li berty to man, the infured might have Dripped herfelf of her bands, vslakh might have necelEtated her to remaitl in company with the prize. Mr.Serjeant Cot Kr Ls faid. there was no warranty as to the amount of the erew,nor had any deficiency of hands been alledged.---Role granted. There were other two cafes in a ti.nilat fituatiem ; and it was Dated that another objeaion had been laved by the Judge who tried the cafes; n a mely, the (hip and cargo having been injured greatly under their value, and the proprietors having become fo far their nwn under writers, Whsther the lois ought to be averaged uron the lblp and cargo. iMntly,' as the I ,efendant alledged ; or on the cargo • Alone, as the Plaintiff contended ; the (hip havi:ig been feparateky infured by the Defendant at Good.[ Tara sem •t 4 • • ; • • n • r 4 I le 0 tr a R, Rs z a re to tw his fu- rgo be- . .ffel red ha the ern- od - Gs: nner t fea. that had :d to IT to specie xi, he wt it ia; her ik t • kretling at 011)- 14 de ere at the ap- MuWai ) be en' by ilia net - ana me juice TUT:ICMS. m of the their Or 'clock in ears and MONGPir tclfarotth. ly-tooms. tent ST•• inkar. on, wh cc k ar.J 4c fa vice y filed I‘,l of tllc tc- Mr. JAN* bull'; c) is who s etUr tied to tiou• Wven rclUouutra ta-iu ter. Est ag orn : f ) k tvq n& 1- 111(1 f chit 41i k,;* I her of Ajtl• )0111- oonnol zil) were ~rrir.i o Mr. : City, ;, wt a very laid to :h ap antl e crew l e so4. . from m• ibeatiag Mc as to atrcutteril oast as