Star. — London, England, 1801-12-26 00:00:00

Nr!::Til V. TOM: k. SERJF T Ilfsv flitted the cafe fe , ?. the Plain it It was an aCtiott for a compentation for the ijary the Plaintiff hail fun:lined, to confequence tie ill-treatment V 1 h ich the Defendant had, con tent° contra°, g;vcn to eight hot fes width were ammiued to his care, at 25. 6d. per week each, a proprietor of fait muffles in the Ifland of Candy, on the coal of Eire x. It was proved by fevcral witnt Fe:: that thcfc limits were taken down in decent condition, to Cady in March that they travelled 40 miles that day, and that on their retain in June WI, diet were nut capable of travelling more than &teal miles a day ; and from the evidence of a kr. Good, who had covenanted with the Plaintiff taparchafe four of thofe horfes, and was prevent ed by the fituation to which they were reduced by the falt marthes, it appeared that all the froths Item extremely lean in May, like fkeletons ; that the.peflure was inadequate to the fullenanec of the number of homes upon it—not lefs than 40, and that in fat it was unequal to the fupport of EN2f.e • Mr. SrAptANT CoeviLL, for the Defendant, ttnanentei on the evidence, and regorged the Fitt net to be inticz:lceci by the ftrong twcaiing 'f for he conl,l then 7, th,t ;n lod known the etolagell, oflnti:i.e, illy 7: - .o; ::r:uli.ty eride.ze. In thi:: e•:!.2 : was inartited i4.i.t , , tat f;:e .•••Loily of me (t ti:: i nicfres; t h at not a wade grais or a gaol) was to he leen or; the inarflies of Ics yht.nt, Wab !IR founded in laic, ; anti matly linefes beloi g. tog to other perfous, kid thrietn on tl-,rfe 01es; I ° 4 that thuft t: , • Haintill would, if lie had ft* taken them av:ai lii loon, al.: if tl., y had not veto Y:ith fonie ineilrable Several perfons accordingly proczd that their woks had recovered ar,d fattened unJtr of the Defendant, hu•, none teal•l f, o tut t!.zy knew any thing of the horte, of the Phil:tiff, or id the marfhes on which they were f - d —except two fervants of the Defendant, who fwcic that he, fo far from being inattentive to thefe horfes, had them for a month in the al-rev-yard; in order to prepare them for the marthes, at a time too when araw was very dear.—Veichka for the Plaiatiti, Sol. damages. COURT OF !CMG 'S MINCH, DF.C.23. BLIGHT V. PSG'. This was an a(tion for the purpofe of recover ing damages for the amount of the freight of a veffel of the Plaintiff, called the Favourite, which the Defendant undertook to provide a cargo of barley for, at a place called Licbau, a pal t of the globe which, the ATTORNEY GENERA!. i. 141, for merly belonged to Poland, but which the late Emprefs of all the Ruffias took, no doubt, fur the benefit of all concerned in it, and annexed to her Empire, in rather a fummary manner, however ; and the objea of this aftion was, he laid, to re cover in damages the lots which the Plaintiff had fultained in confequence of the Defendant's not providing this (hip with a cargo, according to the contraft. This veffel failed on the 'Bth of June to this place called Liebau. Fifty-two days before the time of its failing, namely, on the 26th of April, N. S. a general prohibition took place again(' the exportation of grain from Liebau. Be fore that time there had been a partial prohibi tion, leaving barley free ; but the general prohibi tion extended to barley, as well as to every other fpecies of grain, and therefore, from that time, it was the fubjc.t of prohibition. Of this prohibi tion, he apprehended the Plaintiff and Defendant to be equally ignorant at the time of the agree ment. The Favourite, which was the (hip in queltion, went out in ballaa for the purpofe, and for the purpofe merely, of bringing home a cargo of barley from Lieb e .% to her port of delivery, which was Berwick upon Tweed. Now, if any difficulties occurred in procuring this cargo, cer tainly it was the bufincfs of the Defendant to get over it, for he had concerned with the Plaintiff to provide the • effe.l with fuels cargo : certainly it was out of the power of the Plaintiff to do it : all he could do, was that of being ready at the time fpecified to receive the cargo on board. He was to wait with his fhip twenty running days, and after that ten days on demurrage, at 31. per day. The Defendant, he underftood, intended to rely on the language of the Charterparty, and meant to fay, that he, the Defendant, was prevented from executing his contra& by the rearaint of Princes. That might be an excute for the Ship Owner, and loch as would fall upon the Underwriter, but could be none for the Defendant, who had engaged by the Charter-party to freight the veal. - Paling this by, he lhould proceed to the (latement of the cafe. On the t?th June the Captain gave notice to the Freighter's Agent at Liebau that he was ready to rake the cargo according to the terms of the Charter-party ; the anfwer was, " We cannot furnifh you with any cargo, for a prohibition has attached on the exportation ofaßarley ;" and, in (lead of finding the cargo, the Defendant's Agent told the Captain, "you may go and look for a cargo elfewhere." To which the Captain replied, " I came here for a cargo of Barley, and if you do not provide me with one, 1 molt day here my lay days and demurrage days, and then return home again in ballafts" The Captain feeing the diffi culty to which the Agents of the Defendant were chive') by the prohibition upoti the exportation of the article of which hew as to have his cargo,offe red to carry any cargo they could find foi him, fay ing, " I am ready to do that which is molt con venient for you," lint chuting to nand upon the ltriet letter of the contraEt—fince they would not give him a cargo of Barley. But they Paid, " No ; go to any other port and try what you can get there ; try for lonic other freight." The Captain Aced for an indemnity to his owner :I - lie went to any other port. No ; they would not give him that either ; upon this the Captain (laid all his lay and demurrage days at Liebau, and then returned in hallati, the chin ges for which were 4861. which the Plaintiff claimed by this Asition, betides de murrage, &c. The - lois was admitted, and the faa, appeared upon depofitions, which were agreed to be read. Mr. Glass addrefled his Lortlfhip oat the point of Law, ‘4 Whether the claufe taking notice of the reftraint of Princes, was not an excufe for the Defendant in this cafe ? The reflraint of Princes and Ruling Powers during the laid voyage always excepted.' Certainly this was during the voyage from Liebau home, although it was not during the voyage to that place. It was mani:eft that the Plaintiff To under(lood it, for, by his declaration,he Rated that he was at Liebau, ready to seccive the cargo, and theref.ire this conflrinit ion of the Plaintiff was applicable to the whole voyage, and the qua - - tion would then be, Whether the reltraint of ruling powers, was not as good an excul: to the (hipper of floods, as it would be to the owner of the veffel ? This was a queltinn of his Lordchip, and therefore the Jury would excufe him for addrefl'ing himiell entirely to his Lordfhip in that part of the cafe.— He (hould, however, be perfenly fatislied, as in deed he ought to he, with hi , . Lordfliip's Judg ment, which ever way it &add be pronounced ; and he confelfed that the imprefrom w hi c h t hi s point feemed to make on his Lordihip, made him leis confident of it than he othcrwifc (honk! have been—but he thought the cafe by no means ieft ed there. It was not a mere queaion whcalier the Defendant was not eroded upon the tine ci n• ill-Olio's of this Claufe ?—but, Whether lie was not jultiG. d upon the general nceeflity of the cafe? And the cpieftion then was, Whether the Captain could do that which the Plaintiff fi itel in his de claration, and which was neceffary far the purple of the :Oka that he Mould fate, namely, that the I Captain was ready to receive the cargo ; for tin ; Ids lie was ready to receive it, the Defendant could not be culpable for rot being ready to pro . vide it. Now this prohibition of the etportation of grain, not only prohibited the Defendant trom • putting on board the flip any barley for exporta- : lion, t likewile prohibited the Captaii., who was ttsc.vet,t of the riainviff, from ',akin% away any fu.. :irtiele. Now he hbmitted tit at t:;;S aaion could rot be ma:•-• tined by the Plaintiff, unl:-.ls he was in.: conditi,n to perform that which he fail b hi. decLtraion he was ready to do, namel, to carry home this barley from this place ; now prohil,:tion was equally obligatory ri.• t hol e who were to carry away, as on thofe who were to !hip this artier: fur e Fortation. Both flapper and shipowner were prohibited. Neither of the , parties could do that which *as contraCtedi both being I retrained by tit; t,i t power, the one from put ting on board, the other from cart Ong away this article, and tlierefuie this was to he taken as an excufe f,r both. The Plaintiff could not do that wiskii Pe had engaged to do, and which he had dated in his &Ll:nation he was ready to do, namely, that lie wrs ready to bring home a cargo of barley from Liehau ; it was not true that he was ready to do this, foi . : could not have brought it home, if the Defendant had put it on board the veffel. The fame prohibition affeEled both the Plaintiff and the Defendant. On there grounds he fubmitted, that the Defendant, in this aaion, was entitled to a s'erdiCt.. But if his Lord (hip thought otherwife, and that the Plaintiff was entitled to a verdia, thcn.the queftion would be, What damages fhould be given ? and upon that point his Lordthip would unite him for addrefling the fury etclufi'mly, as he did the Bench, on the queftion of Law. As to the charge for demurrage, there was no pretence fir it. Lord KEN VON. I think you are delivered in this cafe from dcmuri-age, for you told the Cap tain on his airiv.:l, that he might depart. At leak I am inclined to give way to you in that part of the cafe ; becaufe, as you told the Captain he might depart, fOr that you could have no freiht for him, t here could not be any necefEty for -his flay. But upon the other point, I am, at prefent, decidedly of opinion againft you." Mr. Gives.—. 6 We fay the performance was impoMble, for that we were uncler the reilraint of Princes." _ _ Lord Ksavom.—g , This brings my mind to the confideration of a principle laid down a great while ago, and which, therefore, is now pretty old law, and what I have always received as fuch, and may be found in Coke Lit. ; wherein I remember reading, that if a man flipulates with another, that he thin make a Fe:spm./ to another, and that he is prepared to do it, but he is prevented by a third perfon who will not make Livery and Seizin, that (hall not deliver the party who undertakes to make the Feoffinent ; it is otherwife if the party himfelf refufes, for there the perfon undertaking !hall be delivered. This is old and very well underftood Law : flag principle of it is clear; it is this—if a man undertakes what he cannot perform, he frail anfwer for it to the perfon he nndertakes to. 1 with, whenever I can, to apply the principles of Law to the regulations of commercial dealings, when they come into queftion in a Court of for I do not know hoW I can do better. When this rule cf Law was laid down, Commerce was inlignificant in comparifon to what it is now.— since that time queftio'ns of commerce have branched out in a manner much beyond my power to find out roles for its guidance, and therefore I am cootinually obliged to apply to Gentlemen in that box, for affillance• in the adminitiration of Judice in commercial concern., nor can it be ex peaed that rules laid door when there was& little commerce, Mould be wide enough to reach all gild:lions which a multitude of commercial events have needEirily introduced ; but whenever a com mercial qucliion conies before me, to which a fet tled-pllii, iple of Law applies, I am happy to ap ply that principle. I am happy alto, to retie& that the opinion I ant now giving, may be reformed by the Count, if it be erronerus. The cafe on the demurrage, I think, is with you, Mr. Gibbs. The other part, I think, is againft you. I think there is no pretence for the charge of the demurrage, becaufe it appears by the depofitions, that before the Captain entered the port, the Defendant's agent gave him notice, that he could not furnifh him with any cargo, as the prohibition of export ing barley was then in force." - Mr. Glass then proceeded to addrefs the Jury on the quellion of damages, and contended that they thould be very fmall, inalmuch as the Captain Was informed, and indeed he knew, immediately on his comin3 into the port, the defendant could not have this cargo of barley; he fhould have gone immediately to fume other port to feek for tome other cargo, inliead of which he waited the whole twenty of his lay (las s, and ten of demur rage, when ire knew, perfeAly well, it was a fruit lets flay, for that he could have no cargo there.— Inflead of which lie (laid all his 3o days, and then returned to Berwick upon Tweed, in banal!, mak ing the molt of the potlible charge upon the De ft ndant. The damages were always in the hands of the Jury, and he fubmitted in this Care they thould be (malt, Inojsing, however, that his Lord- Blip would refervc him the point of law. Lord eNvoa.—.. Can I flipOlate any other bargain for the parties, than that which they had made for therm:dyes, and Which appears in the Charter party ? One of the Jury raid, Suppnfe the Captain had gone to another pot t, and the (hip had been, 1011, %that would h.;ve been tine cenfequence ? Could the Allured recover the lnfitrance ?" Mr. Oleos raid, it was certainly for the Jury, under Irk la:lA:4's dihtftihn, to fay, what the damages were to he ; and his Lordthip would fay, %artier, in pn:nt of law, they ought to give the' amount of the whole height? Lord KF %YON laid, that the Jury need have no direftion, and h- was afraid they could not have much ali=lt.lnce from 1. to ; bit he was afraid of ' tire precedent of loweriti7, the amoant of the dama ges, which atofc from the non-i etforrnance of a contrail, the In each ot whi,h was flatcd at agiven fun, as was the cafe here; ar, ' a:. to tire difcretion of the Captain to PP to anoietT port, the obfer vation which e'..ne Iron' the Jut, tux, was quite decifive.--It would be wild anal the Jury wonld do more harm than they could repair, per haps, if they weir t: lay dawn a rule, even in the calculation of darns diKerent from that which the parti!: ::•ala . .ed thert.t:lves. , VerdiEt for the Plaintiff.—Damages 4!?.?';&.—tt.? demutra,ze being deduCted. M. G:etts faii, the point he put to I Court, if his Lord(hip would leave it to him, w , " Whether, upon the conttru,Rion of ;he Chat: party, the prohibition was not equally ohliy:il,l s on the Deftnctant as upon the Captain of theilii- r : r . • Lord Ktiirma Ind he hail entered this i note book.—" Mr. Gibbs Wilted that the priiliiii;- tion delivered the Defendant from any obligati i. to load the (hip, and that therefore the Plaintiffs are not entitled to freight." Mr. Ginar..—" In as much as the Plaintiff's Agent, the Captain, was not capable of receiving the goods, any Lord."- Lord KEN vom Paid—" Yet," and obferved that Mr. Gibbs might move for a new trial. DECEMBER 24. HUGHES O. LORD ORTVENOR. This was an adion againlt thc Noble Lord, for non-delivery of lead, according to contra.l. The declaration confilled of 3o counts, and Rated to contrads between the Plaintiffs and a Mr. I.angworthy, as agent for Lord Grofvenor. The evidence proved the contrads as laid in the declaration. Mr. ERSKINE, for the Defendant, Rated, that the very fubjea matter cf this aaion was deter mined in another anion, in which the prefent Plain tiff was examined as a witnefs, and itatcd that he had made the contract as agent for perfons of the names of Bailey and Walker. Thole two perfons brought actions againß Lord Grofvenor, which were referred to Mr. Vaux, and he had awarded damages againft the Noble Lord. Langworthy, the agent, as Rated, of Lord Grofvenor, abrcond cd, and went to America ; he returned back again, and died in 1798. Thofe contraas were Rated to be made in 1794 and 1795, but while Lan gworthy lived, the prefent Plainti ff made no cla im ; and, now in the year z Bot he for the Brit time came forward with the prefent demand. Mr. Vaux was called to prove, that the prefent contraas were the fame as were the fubjea of former attions referred to him, between Bailey and Walker, and Lord Grofvenor. It was pro. pofed by Mr. Gibbs to leave the whole to Mr. Vaux and Mr. Barnwell, as arbitrators, and at length acceded to by the other fide. DEC. 17.—. WRIGHT V. LAWS. Mr. ATTORNEY GENERAL Rated that in this Care Mr. Wright, living at Norwich, had purchafed four pipes of wine of a perfon named Sheville, for which he paid him Sol. in money for one p ipe, and was to ive him a certain quantity of linen in barter for the other three. The wine came to Yarmouth, configned to Mr. Wright, from the houfe of Meffrs. Brewer and nude, in London, with whom Sheville had contraEled for the pur chafe of it. The wine, when it came , to Yar ' mouth, was received by an agent of Mr. Wright's ; in the mean time, it was difeovered or thfpeAed by Melrrs. Brcwcr and Flude, that Sheville in tended to fwindle them, and they had got the wine from Wright's Agent, under the idea that they were flopping it in tranpu, giving him an in demnity to induce him to give it up. He con tended the law was clear, that when a thing was delivered to a party or his agcan, IL was no lon ger in tratitu. Having called a Witnefs of the name of Board man, who proved that he received the wine as Wii 6 ht's Agent, and warchotifed it with the De fendant, becaufe he had no convenience himfelf, Lord KEN wax raid, this was a clear call. of de livery. Here was the corporal touch, an expref fun which he once ufed, but which he wifhed drummed out of Court. __ Mr. EasuNS Rated, that though nominally Counfcl for the Defendant, he was Counfkl for Meths. Brewer and Flude, who had been fwindled out of the wine by Shcvillc and Amphlett, two no torious Swindlers belonging to a.gang who had made Norwich the feene of their depredations. Having Rated his cafe, it appeared that he meant to impute fraud to the Plaintiff, by means of an inadtnifiible Witnefs ; and having no other, the verdia mutt of courfe have gone againft him. At length it was agreed among the Counfcl for the Parties, that the Plaintiff Ihould take a Verdict ouiy for the Rol. which he had paid for one pipe; and that he fhould be indemnified againft any claims to be made by Sheville for the linen which was to have been the confideration for the other three pipes.—VerdiCt accordingly. DEC. 18.-ICIINEIVER V. CAMPBELL. This was an action upon a Charter Party, of Affreightmcnt, by the Owners of the (hip llelifa rims, by which they covenanted that the fhip, be fore a certain day, (hould proceed from Shields to Gibraltar, there to ut.load, re-load, Etc. The Freighters covenanted to load the (hip as fall as the Owners could receive on hoard, and the breach aligned was, that the I)efeudants a:a not pot a cargo on board, by which they were prevented from failing with convoy, and were delayed. No evidence was given, but a verdift taken by cordent, fulled to a reference to afcertain the damages. Mr. plass, proprietor of the Royal C'rcus, re {peal-ay inform. the NobiEty and Gentry, that the Circus is now open, for the infirtr; , ion of La dies and Gentlemen in the polite and ufcfnl art of Riding gracefully and plral:intly, and the proper method of gu:dir.g and tnairiging the llortc ; truly defirable, and abfolutely neeethry, for ail who either ride for Rciloration or l'refeivat ion et Health or amufemcnt ; for which putpoie Ise has engaged tutors of well-known abilitict, and !fag experience, at the above-mentioned Academy, as well as in the army. Young Gentlemen, dot tog the Chrillmas Holidays, have an cliptirtar.:ty of being taught as above, with the addition of the Broad Sword Exercile ; as alio the Mc of tlie Dumb l'-11x, fo much rect.mmor.d..:l by the t~- culty, t: .r the benzfit of youth. lakovite any Nn. bleman is Genti:man, of an ao.:ve turn, may be inflrofled in any c.f the Feats of Aelivity, exhibited at the above place. And alto thc.fe N.• tended for the army, may be taught the ufe of the Manage, and in a (lot- t.me made perfatly capa ble of joining anr Regiment of Cavalry. N. B. Roams kept v . i:h good ire., for the accorrar oda • d t ics cf :he pc..,, RA, DEC. L 7. Is been for fome years a tern, iod of Tipper4ry, and lo oft& ce of the army and yeoman * preliended by fix country m„ odged in the Bridewell of tha found upon him a blund,rbula art of a rebel fong. WI a number of villains brol. : 4 110P4•11 WHALEY, near Tipp. ,hbed of la guineas, after whit! his brother mot unmercifully, conduct of there wretches tl s, that WHALEY bears the mod ter. St, HIWItY SARGFNT, Ekon ices Of the P eace f or t h e coult 1 an inquell on the body o f M r t, of Carri c k- on -S u i : , who wa he Wand of Kean, near T r 7 brought in a ve r dict of acti. had fpent the d a y at a G entle neighbourhood, an d t h e n i gh k when he was re t urn i ng h orn e e been the occafic n of th e me e. ?LIN, DEC. 32. lOUGH PAORP, it is fiid , is to take !roue Board, as Chief Commil. of the Right Hon. Jolla BF ;ow RICHARD ANNEIBLIY, it ;salt° Ration at the Board of Sir Hut. , who likewife retires. If Kilmainham Hofpital are, it I on a (imaar ellabliihment with England. The change is to : zit of January. The poor old e better food by it, and each :lotbes every year, and a coin t every third year. to have been executed on Sa iling forged bank not:s, is re. orders. ohs si Isa .—The following per. week betbre the Hon. Juftices AMBF.RLAINL, In NAM, at the oras conviaed or robbing Wm. York-flreet, on the ilk of No. sill, of his watch and a confider. at the hour of twelve o'clock ceivesi fentence to be executed Id 7ohn Mooney, father and fon, robbing the mail on the sth Icknagee, county of Kiidare; 'Grath, (who was tried for the ugidt lalt, at Kildare allizes, xccuted) and four or five others, he Cork mail coach, at Knock. it came up, fired upon it, la lilted to fly, the offenders pod f the mail. 'flick dcfperadoea t to juffice by the aftivity and the chief peace officers of this tn and Wilton. The Mooneys o be executed. was convitted of receiving a the above mail, well knowing I robbery, and received lemma and flow. Bara were convic, trifled of receiving flolen strinds, )e privately whippeJ, and inn it. Several other perfons were Ices. Ugh to find that authors, !rho in a Court of Criiinfin, Ihould s entitled to ails any thing in Proceedings in the Drury Law night fuggeft hints for a go s were permitted to )eft with filch Harlequin and his Companion el of Attornies, inflead of the re, would afford room for many rphofes.—Scene, a labyrinth. foon to come forward in &V -her belt charaCters. r, was taken ill at Bab, on Sa lt, in confequence (as hated in of having imprudently drank a weer, while over-heated by his part of lase, which produced nach, and confined him to his I Monday. By the timely al he was, however, fuffic;• perform Sbylori and Sir Ard..7 . aefday evening, in a Ovle at to an overfloning and deight• indifrfition ec‘afioned a severe B.iltol, on Monday lall, where boxes was taken, in expectation irm yfician, who is equally the dii• I Efculapius, and very remark. his vitas to his rich patients, d their diforders oat of doors, fume celebrity in the world of sths after her recovery, and iv ler (till he received his difmiomg Weary of his expenfive de• ing that to lelfen the fee would r, fhe ventured to give him four nclution of his nekt call. Hs his hand ; then on the carpet, Tic in evident embarrsiffment. — ny thing r , enquired the Lads' Thy, Madam, 1 thought I hal " It is only a millake in the red the fair patient, it is the guinea." The Dalor sifits. !ling villains who plundered the p-wrecked mariners calf atlirre larnorLanlhirc, is cummittedito LAW INTELLIGLNCI:. COURT OF COMMON PLEAS, DEC. ..11. NATTIIIE AND OTII2aS L. fOTI'S. This was an anion to recover the turns of .co'. aid tsol. being the amount of two policies of in wee, under Written by the defendant at 2 il. per w a r. on the cargo of La Pureplympie, a Spanith fchooner from 14affau, in New Providence, to caropeachy on the Spanifirmain, and back, failing w i t h the licence of the Governor of the Bahamas. The policies were admitted. Tt was alto admit twi On both fides, that the velTel failed with the Noce of the Governor of the Bahamas, but wit h ou t a ny licence from the Spanith Government, s ad that the goods were feized by Spanith veffels of the Spann coaß. Two votneffes were called on the part of the ifs, to prove the ufual method of carrying 4i* trade between the Well Indies and the Spa s* m ain, the matt material of whom, Mr. RO. w o k% who bad been tome time engaged in the .b a k Rated that the molt ufual way in which ihutrade was carried on, was in Spann veffels, w hich, upon arriving off the Spanith coalt, either i w atediately landed the goods in purfuance of a mola eerted plan, or made a certain fignal, .in wa reqThence of which, either launches or canoes ; r ecent from the fhore to land the goods; that die wade were generally landed in the night for *scare of eluding the vigilance of the Cuf .e Officers : that fume veffels had run im ii.dOely into one of the Spanilh ports, but fuch ( *DR was extremely hazardous, as both velTei c argo, if dikovered, were liable to confitea saa . 1 that the trade to carried on was nor aritho• o n d by the Spann Government, but in a great mare connived at, and he knew of no in kefe where a licence had been granted by that pswirnment to veffels carrying on this fpecies of gr. Serjeant WILLIAMS contended, on behalf of the defendant, that the trade in which the val . :l ja qv:Rion was engaged, being illegal and contra. 11, the plaintiff could have no right to recover ira the policies, and that at any rate, as it did aet appear that the defendant had any notice of the peculiar Manner in which the veffel was to riFy.on her trade, and the rifle that was to be wa, be could not be liable in this inftance, as he es not to be prefumed to be acqUainted wish fe way in which a trade was concluded, fo Wendy from that fair and open fpecies of ilaidserce upon which policies of infurance were Kelly effeted. The inftrudions to the agent who effeaed the Pities were read in evidence on the part of the defendant, to prove that the manner in which the Mkt was to trade formed no part of them. gr. Serjeant SHF. r n F an replied on behalf of the *self, and contended that the trade in quetlion idaperfealy legal, fo far as Great Britain was Owned' e it being carried on under the licence gibe KilGovernor g's of the Bahamas. The trisOietween the Well Indies and the Spanifh Main in; he faid, generally known to be carried M in the manner deferibed by the witnelles ; the lOW of copdufling that trade was equally well lawn with that of carrying on any other fpecies dwasmerce, and therefore the defendant mutt be Omd to be acquainted with it, and mull be hilt for the amount of the policies. Lord ALVANLEY having summed up the evi bra, the. Jury returned a verdid for she tit damages 3501. being the amount of the po- kits DEC. 24.--BANFORD 'V. FoDsofi. , The Plainti ff brought this action for damages !shined by his goods on board a hey belonging *the Defendant. _ _ It appeared in eN;dence, that thole goods were pk Oe btinrd th:s hoy on the 16th at January Lill, rod that they remained there until :Lc 26th of the fid month, when the hay fprunk: a. leak. and the damage alledged had been futiaincd,, It was 'loved that the order trom the Cuitorn-houfc, for the delivery of the goods, was not proc area until the 28th of January, arid that therefore the De fendant was not aii:iyarihle for the injury the foods had fuffered, bec.lufc, had thc Plaintiff wed dee diligence, they might have been delivered Ilem the hay long before :he ....:cient befotc•tncn tioeed had occurred.—Fiain