Star. — London, England, 1817-03-07 00:00:00

it LAIV INTRLLIGENC2. COURT OF MHO'S BENCH. MARCH S. 10E PAIVIL2OI OF C017R72 011 LAw. The fit h roftWEY GOIRRAL moved, that a Gentle man. of the name of Cummings should be dis cforged from coanernent, under the following cir., cumsrisocesc--He was arrested as be was quitting that Cfsurt, where he had been attending a cause in wh;ch he was interested, and it was of the highest importance that he should lattiresipt to explain to the Solicitor respecting the survivorship of executors. Lord aussaintouoif—ge Was he tubpcenaed at a witness ?" The AITMINII-GENVlAL—"liev . ias not, he was Orly interested in the cause ; and When be asked the bailiffs to let him return into Court to speak to the licitor in the action, they refused to allow him," _Lord ELLENsonotre:ii—" Can yoo shew me a case wherein persons, who were neither Counsel. Solici tor, nor witness, claimed the privilege of the Court, as being interested in the cause ? Unless you can iiew me some' authority of some of my predecessors, I cannot grant your request."—Motion refused. • until the 76 Siptseiber, although be was undoubt edly acquainted with tho fact a week before : bad he written on Monday, the 2d of September, be might, perhaps, have prevented the completion of the Insu rance. His Lordship did not chilli: that any suspi cion was fairly to be deduced from the anxiety of the plaintiff on the &today morning. which induced him twice to go out to woke inquiries. The Jury would not probably infer that he had then obtained some secret information respecting the wreck of his ship. The Jury immediately found a verdict for the Plaintiff—Damages 0100, deducting the Premium which had, been paid into Court by the Defendant. ADMIRALTY COURT. I THE SHIP HERO, • (HOWARD. MASTER). This was an important question to ship-owners. arising on a bottomry bond. It had been argued at great length on a former day, and the Court, after In/king time to deliberate, now delivered its judgment. The Judge (Sir W. Scorr) said, this is a demand made by the holder of a bottomry bond, to have the bond enforced by the authority of this Court against the ship. The bond was given by the master at Li verpool, to a merchant of that place, for money ex y.enried on the necessary repairs of the ship, which belongs to New Bronswiek. Bonds of this kind, when duly given, are sacredly regarded, and vigo rously upheld by this Court, with a view to the ge neral interests of commerce. The necessities of com merce often require that the Master should have a power of pledging both ship and cargo for the pay. mein of repaint done to the vessel ; and when that power is properly exercised, it is essential to justice that the party advanctng his money on such a pledge should be fully protected by the law. It is a law of great antiquity ; transplanted trrm the early marl. time codes into the joriepruJence of this country ; . and it sanctions the eLiction of an interest on the money lent, which'would in other cases be deemed usurious, but which is not so in c 'se% of bottomry, where the security is in its nature perishable, and eon• sequeistly the risk is so much the greater. and to be more fully compensated. There are, however, cer tain principles to which bonds of this nature must conform; and two objections have been Liken t•P the bond in the present instance, as inconsistent with those principles. The first objection arises on ' the face of the bond. It is argued that the rill: should be commemorate with the whole voyage on which the ship is bound. when the money is taken up; otherwise a mere nominal risk might be inserted, and a high maritime interest claimed where noise is equi tably due. In the present case the vessel was bound from biverpool to Newfoundland, from . thence to New Brunaseick, the port of her owner, and after wards it was intended that she should return to Liver. pool The bond makes the risk terminate at New. foundland. but the inoney to be paid mai on the re turn to Liverpool. This is indeed an uncommon cir cumstance in such bonds, and it seems somewhat , awkward and incouvenieot thus to disjoin the periods l of terminating the risk; and rendering the money; but I see nothing fatal in it es an objection to the bond in point of law. Here is a koalas risk run on the voyage to Newfoundland. The liability to pay ment is sacurred oo arrival there, and the mere post ponement of payment, in no degree affects the vsb. lidity of the transaction.- The other objecting is of a very different kind, and arises from very different considerations. It is uated that the lender 9f tint money (Mr. C, of Liverpool) was the Agent of the Owner of the ship ; and he ad vanced the money in bit chancier of Agent, on the personal credit of the Owner; and that it was not competent to him afterwards to change that security Isy taking a bottom, bond on the ship. It is justly observed, that the maritime interest given in bonds 1 of this kind is allowed only to a privileged stranger, and in a case of necessity ; and it is said, the cast does not arise here which is the requisite foundation of a bottomry bond. Now I cannot say, it may not happen (I 'hint it may) that an Agent, under certain circumstances. may take a heliolatry bond. It is not to be asserted that an Agent may not stop in his character of Agent Where prudence bids him stop. that is. where the credit of his principal affbrds him no farther wonky for his advances.. In each a situation I think the Agent ought to give due and timely notice to the Master of the ship. in order that . the latter might loot out in time for other means of supplying the vein?' necessities; sad I think the Agent should also, if posiible. give nodes to the I Owner. At all events. opportunity should be al: forded for raising the lonney, it possible, elsewhere: and 'kith these serecautioat I think the Agent would be emitted, like say ether person, to take a bottom fee bond for theetsbeeqnent advances which be might think proper to snake. Igo further; if the Agent's .advances luid loos much further than he had reason to suspect, I do not say he 'night not take a bottomry bond for the excess beyond what be originally meant and intended to advance as Agent : of course in this case he should give due notice to his employer:— In the case before me it is staled, that Mr. C—, the Agent, had paid a sum of 1321 for the repairs of thirship; that she was in want of further repairs, which were ordered accordingly, and when done the bills were sent to him; but he, finding that they amounted to St9OCI, refund to advance the money without a bottoenry bond, which was accordingly executed on the fah of October, the very day the ship sailed. Mr. C. himself speaks somewhat loosely of the time when the bond was first proposed, as being about the loth; but I think I am beult‘ to take the Mister's statement, because it is more pre. cite; and be positively swears that it was not till the 26h or 27th of October, and after the ship bad bran cleared out, that the bond was proposed. I shall twat dispose of this sum of 1321. which cannot be , considered as fit to enter into a bottomry bond, ' because it was clearly money that was advanced in thecharacter of Agent aloes. It his &senor ten laid down that it is not necessary that a bond should be executed in the first instance. It is sufficient that the money is advanced from the beginning, on an an , derstandins e tt a bond will eventually b e g i ven .— . Here it is that there was no such understanding relative to the'434l, and therefore, thirogh it is not . usual in other Judicateess to divide a bond, and Oa , pounce for oat part, and igainst another, *et, as the ' equitable Jurisdiction of this Court ad mits of inch diviskio, I-should pronounce against the bood. as far as regards the ash Ives in erne to swain it in respect to the snotehmite: Bet . the question is, Whether Mt. C. dill not ad throes/hest as gene j Now it Opens Witt airthe repairs ware *rifted by 1 Tbat was, in effect, an advaree of i►ls minty, for the person ordering repairs becomes from that moment liable, and consequently does. in effect. then make the advance ; but one who has advnneed his money as agent, cannot afterwards turn round and say, he hu not acted as an agent, but as a stranger. Besides, the Master says, he was compelled by the lateness of the proposal to accede to it. He might, perhaps, otherwise have raised money elsewhere on better terms. The ship was about to sail next morn ing. I think this does amount to a kind of compul sion. After mentioning a few other slight circum stances. the Judge observed : 7 4 do nut mean to 'throw out any imputation against the lender in this case. He probably thought himself tully entitled to take the bond; but I have to consider whether it is one which can be upheld as ♦alid in this Cow t ; and I am of opinion that the second objection to it is fAtal, the money not having been advanced under sock dr cumstances of necessity WIS this Court considers essen tial to the valid.ty of bonds of this nature. , The Court, therefore, pronounced against the bond. READING ASSIZES. MARCH S. LORD AUINCID /141 r.. KINCI. Mr. Dnusrev, as Counsel for the plaintiff', Eatec!, that this was an action brought against the defen dant, who is a tenant under the plaintiff, for the breach of an agreement. The contract entered into between the parties was well known and understood, and was one of that description which ought, upon all occasions, to be regarded as a :Acted covenant be tween man and roam One of the provisions of the agreement was to embarn the produce of a farm ren ted by the defendant, and that he, (the defending should not carry off any hay from the farm without returning an adequate quantity of manure ; that is, for every tou of hay ie.:en off, be should return two Clift loads of manure. Mr. Justice rAItIG-.- {1 i would wish it to be mi lder:mod, that if a rnan tak s a farm under certain s,ipulations, and he continues in that farm after the lease shall have expired, he • must by law abide by 1 those stipulations. I would wish the public and the 'farmers (who do not seem to kaow it as well es they ought to do) to understand, that this is the law on the subject." Mr. DALTNCEY." My Lord, in the present stage of the business I am perfectly wining to refer it to a lawyer." The parties, after along consultation. agreed to re fer the matter to a Gentleman at the Bar. MAt►sfon House e —Yesterday Jemimi Sylvia Ty ler, an interesting young female, applied to the LOAD MAYOR for assistance under the following circum stances s—Shi stated, that about sit months since, she had been regularly married to a man named Wil liam White, •who had scarcely suffered the honey moon to pass away, ere hi commenced to visit her with every spesits of cruelty. This unfeeling con duct daily incteased, and within the last iew days had been so inhumanly exercised, that she was driven - to the expedient of presenting herself before his Lordship for protection. To this tale of suffering she added a still more infamous charge, that ot hav ing diteovered, widths a few days past, that her re puted husband was the legal partner of another wo man at present living at ltiegate. The Lotto Mavoa inquired whether she could prove the latter part of her statement, and if so, upon which of the charges she meant to proceed ? The complainant appeared muds distressed at rise question, but atter consulting with hoe father and sister, woo were present, she.resolved upon bringing the object of her complaint to justice for the greater offence. The information of the complement WAS then taken, and 'Leads's-tier, the office-, being dis patched to the neighbourhood of the Bent, While was taken into custody, and brought to the . Mansion-house. Upon his appearance the complainant burst into a flood of tears, and expressed a wish to withdraw the charge. The Lotto %sena, however, was of opinion, that the flagrant trinity of the prisoner, added to the in famous crime now imputed to bias, rendered the ease a proper subject for the consideration of justice ; he added, that it was too late to abandon the charge. Orders were then given by his Lordship to secure , the attendance of the prisoner's first wife, and all the I parties contented, for edunination on a Inters day. I The prisoner' was, ia consequence, remanded. QUIRM-QUAnt.—Yesterday a young man, named Snit& wee charged -with violating the person of a girl ender ten years of age, his lIIASICei daughter, a boot and shoe-maker, in the neighbourhood of Lei cester-square. He was committed. Wortsme-erearr.,Yesterday Milian Mei, Mary Ants Petro., and Dime Ford. charged with uttering several counterfeit sispences of the new silver coi nage, were re-examined. The Solicitor to the Mint attended, and nine sixpences paid away by the priso- I nets, besides three found at their lodgings, were proved'to becounterteit. SOfite of the witnesses not I being present to be bound over, the prisoners were commuted, to be brought up again on Monday next. Since the time of the Brewers raising the price of Porter and other Mak liquon, Malt leas fallen 20s. per quarter, which has reduced it to nearly the same price as before the addition—but no alteration has taken place to the consumer. Lupton Mansion House, the seat of R. O. GA. COMM. Esq. in Donetshire, was broke open a few nights no, and property to a large amount stolen. 'lhe house of Mt. Dionvu, the Performer, was last week broken open, and robbed of plate and money to a considerable gmeunt. A poor fellow from Ireland, being lately examined as a witness in Guildhall, was questioned by Coun sel as to his occupation or employment, to which he answered, with characteristic sotliwttig. Faith, Sir, when times were good,- ihrise your Honour, I was a farmer I but now, that than soh*: to do, I,am a labower P' Monday se'nnight an industrious man,- Snob Hale, and his family, consisting of a wile and five children, were removing froln Shiphant to Gurney. dads, Somerset, when the cart, which was loaded with household fusditure, and on which the wife and three children were riding, was unfortunately ewer ,i and the woman and her children being en in the loading, sweeten crushed by the cart failtng on them, that the mother and two of her in fants were take; op quite deed, and • the third child so Singled and bruin& that litthitgpe is entertained GO its recovery. EVANS Ir. LEE. This was an action upon a policy of insurance, effected on behalf of the Plaintiff, and underwritten by the Defendant, in the sum of 4200: the voyage was at and from Newcastleopon-Tyne to Yarmouth. Several , defences were pleaded—that the ship was overloaded ; that it was unseaworthy ; and that, at the time the policy was effected, the plaintiff was in possession of informations which be did not commn- I meate to the underwriters. The subsequent facts were proved on the part of the plaintiff, in order to entitle him to a verdict. The Maria, for that was d:e name of the ship, having arrived et Newcastle, the Captain, &trawl Clarke, proceeded to trek, in a l cargo of coals, and after remaining there about eight I weeks, he wrote to the plaintiff that he was cleared out; that he had eleven keels of coals on board, and that if the wind continued fair be should arrive as I soon as his lever. 'rhe plaintiff in consequence wrote trahii broker, of the noose of Andrews desiring him to effect an insurance to the amount of'lei000; add. I kg, that he had received inallieence Iron! the CT- I tam, that he should sail on the pith or 29di August. This order was dated on Saturday, the 31st August., 1 ind it was put into the post office at Yarmouth, for London,. on Sunday morning, September Ist, at ten o'clock. The weather had been find alb Eriday, the 30th Adgusi; . but on Saturday &est a 'violent gale had o come on, which did much dansete-to the ship- I ping. 04 Sun ay, it a quarter past two,- a man of ! the name of Coto, arrived at the ptrintiff's !otiose in Yarmouth, why, had been sent thither by a Gentleman otthe name of •Siliky, Lord of the Manor of Haps borough, with a letter announcing that the Maria bad been wrecked on the beach about 22 miles from Yarmouth, and that every person on board had perished. It appeared that the body of the Captain • had been thrown ashore with some signs of Ide; but , the people who discovered him gave him no assist ance, but proceeded to pillage the wreck. It was alleged that this intelligence atrived at too late an tour for communication to the plaintiff's broker in London (tn wham the previous order for insurance had been dispatched), the mail leaving Yarmouth at bait pait one, and the post-office slotting at that hour. Notice of the loss was given to the under writers on the 7th of September, the intermediate time having been occupied by the plaintiff, at the wteck, in securing a part of his property. Many witnesses were calla to establish these facts, end particularly .that the letter, stating the wreck, did not reach the plaintiff's hands until after the clos ing of the post-office at Yarmouth and the departure of the mail. One of the plaintiff's witnesses, however, of the name of Cato, who had conveyed the letter of Mr. Sibley to Yarmouth kens' Hapsborough, on his erOssozaesination, swore distinctly that he arrived in the town at half-past twelve; that he immediately endeavoured to find • the owner or owners of the Maria, whose names he did not know; that he met Lis fathet.indaw j a num aged 76, in the marketplace;; that they proceeded together in the - starch, and reached the plaintiff's house at a'quartir past one, which would have lett tins, for the plaintiff to have seat a letter to his broker with the news,-either by the regain post, or by the magnet& .In chit cri. fence, however. .he was coldffllkted by several wit messes, and particularly by the toaster of a polite ' house, who% k was asserted, he stayed 20 nunutes to drink a pot of beer with bis father-in-law The plaintiff's witnesses (with tbe !undo° Cato)*frzed the time precisely by the Kern of the cbalisd.bell, which they attended, foe the afteratera's service. It was admitted, however. by tbs.. that after the gale . of dammlllay night the plaiatiff tars eatrtinely uneasy, aid that Ito bad gene on twice into the town op Sunday swift before twelve o'clock, after which he inentimed at ISM, Wag Cate astived, who brought the tint knallkoace of the loss that had reached . Yemenis. Tin plaintiff's - case • having been closed. by Mr. Guinn, wile conducted it, The Altoisrer-Otaina.u. addressed the Jary, privies the4emptarion et the plaintiff to colllllolt a fined open the midersiniters. Ha meat. over the "obeli of die orstimasy, arguiog von the probabili ties, sod costendingthat the Jury ought to Iceland'. led on the evidence of Cato (who had looked at the town clock oa his arrival at Yarmouth, and who could not maples mistakes), that the news of the loss of the Maria was obtained lilies , tO esable the plaintiff to countermand the iasurance be had direct ed : be also observed, upon an alleged discrepancy *tweet the letter of the Captain and the instructions sent by the plaintiff to his broker; and upon the cir• curnstance that no notice of the less had been trans . milted until the 7th September, when the pkintiff might suppose that he was quite secure, and that all the n a cre" were upon the policy. Mr. Gown replied; and Lord ELlA:snowman, in seaming up, detailed the various particulars des doled in the course of the cause, observing, that there were two gondol: ; first, whether tfie Jury would infix sty fraudulent iatalltiell 011 the pert of the plaintiff to-mislead die underwriters, frogs the cir. congaing, din the letter of °rani to itteure was not in the tam of do oomotookatioa of the Captain ? and seiondly,. whether news of the loss of die Maria readied die ?lobes" sofikienelpearly to have enabled • War to codittevetieed the insurance ? • It was certainly fact worth, of consideration, that the letter from the pia : hair, announcing the loss, was nut wanton . - FANATICISM. Fans( rug SHRFFIRLD MIDICURY.--To prove to what a pitch Fanaticism and enthusiastic bigotry have been carried by the infatuated fol:owers of Jo anna Soot/mote, the tollow/hg particulars have been communicated from such a suurce, that we can touch for the - accuracy of the statement: A preacher in Sheffield was deputed by his et*. gregation to wait upon one George 'l ureter, at Leeds, litgh priest of that class of believers. He scent to Leeds and had a conference witlt 'rurner, 'who give him Ilia instructions. On his return, he ca a l n led t h il h e congregation together en Thursday night, t h e 16 t h of January last, the dnors were closed, a preacher t , ,ld them he had been at Leeds, and ha ciatielei,ce with ong George Turner there, and Le had seccived a commaed from Turner, believing it to be from GOD, that all Ofe congregation and be 'levers were to cease working on the Monday morn. into fidlawing, and all those who had any effects weta to sell them, and depnait 111 the money they hid into his hands, declaring at the same time, that G:orge Turner had appointed him the Letio's trea surer. It was a private meeting, to which nrew but believers were admitted ; and the meetings have all been private for the last year and a half. The be lievers in George Turner's mission generally struck work—that is, declined to do any thing ; and car informant says, that being a follower cr believer in Turner's command, he abstained from svo!ki!a;, b a t he did not sell his furniture, although a great ewe ber of others did, and many sums of mucky vrare paid at different times into —'s hands, for the purpose of relieving such of the believers as w-te unemployed (those who obeyed George Turne!'s command), and they lived in feasting and riot tor two weeks, until the money which had been cos tributed WAS exhausted. On the sante night, ae 16 h of January last.— proclaimed from the put• pit, that he WAS authorised by George Turner, who had it also in command from GOD, to communicate to them, that on the 28th Of that month, 'hoe would be a violent earthquake, which would swahow up all the churches and chapels in England ; atal after that the destroying angel would go through the land, and smite with death in every house where mockery had been, all persons, in fact, that had z idi. culed Turner's faith. That also on the same 28. h. at night. between biz And twelve o'clock. there would be a vonvulsion in the elements; that two persons, professing and believing in Turner's mission were to visit the house of every Nobleman and Gentleman within ten miles of Suffield. who kept a carriage (two to esch hause), who were to stadia themselves within sight of the house, and wheri such convulsion WAS observed by them, they were to enter the huuse, the master of which would be found dead ; and they were to notify that all this had been ordered by Gun, and known only to themselves—that then they were to order out the servants and carriages, which wete to convey them to London. where they would teceive nigh honours. declared thin Chatswatth.huuse, And the Duke of Devonshire's Chatse etth ecate, were allotted to him—and the truth is, tt at eve.) , house of the alore-mentioned description was watched by two of these infatuated creatures, betv.-een tt.e hours of biz and twelve, when they returned to t!a..r respective fugues to curse their delude's." The London Mad, when on its way to Glasgow, on Thursday te'nnittht, found one of Mr. Curries coaches on the road, at Bothwell Bridge, shattered nearly to pieces, and the horses slightly wounded.— The coachman, who was found in a ditch, remains insensible. It is supposed the lightning had caved the Eecident. Tuetday se'nnight, the Telegraph coach, between Glasgow and Edinburgh, broke down on the east side of Airdrie, by the tore asle-tree breaking. The coach fell on the coachman, Henry Wake. at•il he WAS so nincli hurt that he the foilowing Tour - day. The guard was only slightly hurt. Wednesdiy m at ring as Lord Foutt.Totes was taking an atrin4 in his carriage, in Hyde Park, the !owe; plung, d, and the coachman, endeavouring to diet( them, the reins suddenly broke, and the norm ran a,issy, but were sonn trapped, and his Lordship esca• ped without huh. ' Norwich Corn Market was tolerably well atim led on Siturd4y, but there appeared rather an nets to sell among the growers, and Wheats of ate best tort reached tull 3s. per coornb, and 11..t1•y ts. to Ss. pet cuosub abuse last w.elt's prices. Th-re were considetable lots of Gailoways and home-hied beasts on the Hill, which were °feted at low price•. but many driven off unsold. The sheep pens ace tolerably well supplied, especially with halt-breds, At prices much as usual. lilkt'l'Hti. Wednesday, the Lady of the Rev. C. Eyre, of Lower Park, Dedham, of a daughter. Feb 25, at Stoke Place, Rucks, the Lady of Major Howard 'Pre, M.P. of a ann. Feb. 25, the wife of Dr. Haack, Physician in Penh (late Sur geon to the Forces) of a son. Monday sennight, in Dublin, the Lady of Captain Wdde Stbthorpe, 4th Dratuon Guard*, of a NOV. MARRIED. Tuesday sennight, Capt. C. D. Jermy, R.N. to M.ry, oaly daughter of J. link, EN. of Ashover, Derbyshire. Saturday, James Wm. Taylor, Esq. of the lion. Company's Service. to Sophia, youngest daughter of the late Rauzou Hart Boddasn, Esq. Governor of Bombay. Tuesday, at George's Church, the Rev. George Waddington. of Nontihwold, Norfolk, to lrttr , youngest daughter of the !ate J. Cocks, Esq. DIED. On Friday, the Sifth of February, of the hooping cough, Sr. the New Barracks, Cork, aged five yfian and nine mouths, Virilkant Ferrier, e'dest sou of Lieuteuant-Colonel Robertson, btl., ur King's Regiment. Feb. 22, at Edinburgh . , Mr. John Fyfe surgeon. Tuesday sennight, in Sloane-st reer, drf. Anne Orem widow of the late Altjor-Cener.si Green, Bengal Artillery. Wednesday, at Brighton, Captain Elll,or , R.N. formerly L.;ed? topant of his Majesty's ship Itoyal V.'illism. March 2, in his Stith year, Napier CIZIEtIe Burton, Ts;. +.-cord son of General Burton. At Mauston, Dorsetsbire, aged 55, the Rev. Roger Clevell 91 years . Rector of flirt PRJCE OF Si OC; Dank Stock shut • 3 per Ct. Red shut Ditto Cons.69f 4 74 591 4 per Cents. shut per Ceot. 994 100 991 :6 YESTERDAY. I.g. Ann.. shut India Stock isou India Bords s 7 SR pr. Exchequer Dills t pr. Cons, t•ir acc. 69; 1 4 7t. OW A r LONDON 10211.1 C Lts - IR min. atter 3 • 44 5 LIVH WATER TO MORIII Morning Alte.ranon • AARON: !'to tal Le..yei. Katvr, — Pteket-Ina6ll . ViM.bbeclilrYi. 6 and* :bc7.4.44 . Oaicioe rl V ft 1n el d 4 1 et • t' ti -1 Ir s ° P , 3 I • • • • N