The Express.
London, England, 1853-03-04 00:00:00

Kiln inttlitgenct.

ROUSE OF LORDS—YrznaDAT.

Tea UMW Cbuscaudaly Lass Bauvuxam. 1401111
TIM" LID Loasaratairrria.

Tat SCOTTISH MARIN. INSCIAANCI COMPANY OP
GLASGOW, APPILLANTS, V. Tv um Zit AND OVUM,
IHSPONDINTS.-JVDOMINT.

7•Is;;•-•an appeal from the second division of the
Coast of Session Is Scotland. The appellants were the
Scottish Marine Insurance Company of Glasgow, and the
respondents were James Turner, formerly writer in
Greenock, and now parliamentary ;Alien., in London fur
himself, as part owner of the ship Laurel, of Greenock, and
as assignee of Me'. Anne M'Origor, oe Stewart, widow of
Andrew Stewart, merchant of Greenock, and of Henry Ers-
kine and Alexander Rankine Johnstone, pert owners of
the ship. An action was brought by the owners of the Lau-
rel to recover 1,0001. and interest as the insurance on the
freight of that yowl, effected with the Scottish Marine la-
surance Company, on the gronneKtbatiplus freight bad berm
totally lost through the perils of the sea. The vessel was
insured "at and from Quebec to a port of dis-
charge in the United Kingdom, and as regarded
the freight, until it was safely landed and discharged." The
*hole freight was valued at 1,5001., of which the Scottish
Marine Insurance Company accepted the risk of 1,0001.;
which was to extend, in addition to the usual perils at sea,
" to all other perils, losses, and misfortunes that have or
shall come to the least detriment or damage of the said
goods and merchandises, or to any part thereof." Another
policy was effected between the same parties on the ship
herself for 1,6091., the appellants being thus at ones us
derwriters on the ship and the freight. The vessel sailed
from Quebec ea 16th July, 1842, with a cargo of timber.
OA 27th July she came In contact with an iceberg, which so
damaged her that from the nature of her cargo she most
have sunk, but she was brought into Liverpool on 11th
August, where she was moored outside the dock,
grounded and sustained much additional damage. The
cargo, however, was discharged, and a sans of 1,4021.2.. 2d.
was received the respondents from the consignees of
the timber. They, however, gave nodes to the under-
writers of a total loss, which claim was misted, and the
action brought. The court below decided is favour
of the insurers, aid the marinated was brought.
Another action was raised on the apes the skip in
which the jury Mod that the was a big
irrespective of the domed timber and boast alb, len-
tag to the decision et time mitre a onside, rated hp the
Wooden with regard to their right to esemessalles be a
proportion of the freight. That audios was added by
the court below in favour el the shin et the ism=l en
which an appeal was brought to their iseehipo' howm, mad
the judgment of the inert below albsooL The proseet
ap was argued on 16th of last weak sad foe tie sp-
it was contended that the mirage hero hewed
performed, the cargo delivered, end the
aad paid, no low of freight arose es widish =
sobs them could be founded, and that at all 'weft, the
:aLaaen could not recover more than the sweet
dts
was carried off by the underwriters Obi
abandonment of the ship ; and that, as the
were allowed to retain 4691. 12s. ld. frrmi the premed' of
the freight, that gam ought to be allowed M wesideting
theiz
For the reepeadente the argument woe nabstestiafty that
they were entitled to recover under the peMep es
because, considering the facts established by the
" freight," is the proper or legal seen of Ole weed, was
never earned by any one, but that theile reemesod
litre only salvage ; sad because the if it was
freight, was, it not lost altogether, at best to the re-
spondesta, and that not by their owe est, bell by the perils
of sea.
The Lord Chancellor now delivered judgment After
going most elaborately through the facts sad soya
meats, be stated that very able jodgettnts ware de-
livered by the judges in the most blew, the pounds of
which were that they essideend that thine wee a
total lox sighs ship before she ea/le bee the desk; sad as
she was &Misdated to the underwriters, sad bees= Moir
property, the legal coesegessee was that the iltelght, after
the 11th August, belonged to the 11111111111/11111111, eel set to
the metes. With all retract to them Judi be was
of opinion that they rested es as sesevad beaditMn, sad
that it Gould not be said that the Wally loot on
the voyage, for the cargo was is sad delivered.
It might be asked how that was with the verdict
against the underwriters, whisk desiered the ship to be
totally lost. But viten it was said Net there was a total
lose of the ship, all that was meant was Nut the swans had
the seas right against the underwriters es V the ship lad
been totally lost ; but it did not follow that the same rights
accrued against the underwriters of the freight ;
nor could it give say sash eight es against
thew whew melted was The mart
below thought that the esesset was mein fact freight,
bet only savers. end was paid by the cosigner to the
owners as year he the Insurers. He thought that was sot
so. What was wasiertaken was redeemed, and the serge
was so delivered te die emigres as le give thaw cepthe
right to it, sad re ether peas= emit lave asiateised an
action for it. There was ao alsadeemewl of the ship till
she arrived in part, and the cargo was eogalle of habil::
livered, and was La 111114 delivered. Oa the
fore, that the height was actually earned ogrsad
asiteed, and
the contract betimes the Waxers mid the swam Melly
performed, he had ems to the eeedwies that the judg-
ment of the seed blew was soouowss Mt abaft be
reversed.
Lord Truro ememned.
_ -

Tea appeal thiielare, allowed, the question of mots
to be remitted to the court below.
The mat of the day was occupied with a part heard eon
of " Toomey •. White," which is a potties to shear sa
appeal. The argameate were amt essoladed when their
lordships rose, sad therefore we postpone ear report.

SHERIFFS' COURT.—YEsnalay.
Woos Ms. W. Bow:masa. DIPVTT Ilizsa.//asurs.
Iron v. Cozow.—Nice BALLSCM or Byoirca.

•I• • •
six ---
This Was actios to recover dls sous of 161. 18i. 6d. for
osodical woodman.
- - .

The plaintiff was • medical man carrying on bushier
is Oroeveaor square, and the defendant a teatlesaaa of
property residing at Shrapaell, in Shropshire. In Jeaaary,
1847, the plaintiff was atSed to attend • lady at No. b,
Victoria-rod, Pimlico, whom he understood to be the de-
fendant's wife. After three or four visits the defendant
called upon him and requested him to Gall and see
the lady. He did as, and continued his visits up to
March, 1848. The defendant sad the lady appeared
in every respect as man and wife. The lady gave
her name as Mrs. Colonel Witherington, and told the
plaintiff that that was a former hesbaad's name, by whom
she was entitled to • pension, which she would lege ills
was known that she was married again. He 1111 W the de-
fendant there at all hours of the day. She occupied but
two rooms, and when be called and found them in the sit-
ting-room the defendant retired to the bedroom.
In cress-easmisatioo, the plaintiff said that the defendant
always appeared ver 11111i0111 about the lady. He saw the
defendant in the be on several ocosaions, and he had
no doubt that she was his wits.

For the defence, it was contended that the defendant re-
sisted the stains on the ground that if ha submitted it would
be • tacit admission that an improper Wining existed be-
tween him and the lady which was not the case. Bhe
was a lady of the highest respectability, the widow of Col.
Witberington, but subsequently married one other Ma-
jesty's consuls abroad, who was also dead.
The defendant was then called, and stated that be knew
Mrs. Witherington. She had:besa the wife of the late Col.
Witherington, of the OM Lancers. He visited her se a
friend. He authorised her to pass ao his wife. He
never lodged in the home with her, sad never was la her
bedroom in his life. He never called but um upon the
plaintiff, nor ever gave him instructioes as a medical men.
In eross-ezaminatioe, defendant said that what Mr. Ina
stated about the bedroom was untrue. He generally went
there about eleven o'clock is the moraine, and left about
Line or half-past nine at night.
Other witnesses were 'remained in the defendant's be-
half, who were on visiting terms with Mrs. Wi
and their evidence went to show that the defendternti=

t17.71;13aa aTrTe;d;;;;likey lave; saw anything ieTeesi
them to suppose that they were ran sad wife.
The Deputy Under Sheriff, in summing up, said that this
was a very serious and important ore. The plaintiff s
evidence was am plain se could be, and on the other hand it
was distinely contradicted by the defendant. If the plaia-
tiff had nut spokes the truth, he had committed grows per-
jury, and east an imputation which went to blaekaa the
character of a lady. If the plaintiff spoke the truth, than
the defendant had committed deliberate perjury. The ease
involved very grave questions, and demanded their serious
consideration.
The jury, after being locked up for an hear, returned a
verdict fur the plaintiff.

COURT OF BAN]
Booms Ma.

r.-YESTIADAL
I V.A.

OFFICIAL Justoszas' CIIAROL3 1:171D11. PiIYATI

-6
EC lil 0-N-.

Mr. Linklater said he appeared for the creditors he a
case which had been brought before the resort under the ar-
rangement clauses. At the first sitting, which was ad-
journed as the statute required, threw Ms of the auditors
had accepted the composition proposed: and a seemed sit-
ting was appointed for the confirmation. This was the
day named fur the second sitting, but the debtor was not in
attendance ; the fact wu, he had found that he could snake
an arrangement without the interference of the must. The
necessary consequence would be the dismissal of the petition
under the 223rd section, leaving the debtor exposed to any
creditor who might take proceedings against him. The
only question was, what remuneration should be made to
the officio' assignee. lie (Mr. Linklater) wee quite willing
to undert.me to pay anything which his Honour might
determine to be reasonable; but the official amalgam
thought he ought to receive the same amount as be would
have been entitled to had the whole amount of the compo-
sition been paid into his hande. He submitted that themes
did nut differ frum the ordinary case of a bankruptcy being
superseded, where the official assignee could not claim his
regular per centage. No doubt cases of this kind infringed
what the official assignees might consider their vested
rights, but the legislature had not thought tit to provide for
the case.
Mr. Johnson, the official assignee, said that, in this ease,
everything that could be done, everything that could be
required to be done, end everything that extra personal
exertion could effect, had been done by him. This was the
day upon which, the creditors 'opening, • given sum was
to have been handed over to him for uistributiou among the
creditors. lie thought it obey hard that any public effete,
who depended fur his remuneration upon fees received
under statutes, and who was compelled to keep an office for
the benefit of the public, should, by any informality in an
set of parliament, be deprived of his honest and fair man-
aeration. If Mr. Linklater and the creditors were willing