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London, England, 1807-11-27 00:00:00


not be put 01•011.Nilm'EarWaothOieount of the
absence of a 'hti. Ciiullifd, a trialerikrffitness, now
resident in Paris.
In answer to a question from The Court. it ap-
peared, that there was no probability Or Gfie of the
arrival of the.withess, in this country; 'oilgtie evi-
dence.
Mr. Gaaaow said a few words against the mo-
tion. sad the Court were of opinion, that no ad-
vantage could arise from the delay sought for, and
that it was quite out of the Usual course of praftice,
and inconsistent with farmer precedent.—Rule re-
fused.
WEST INDIA DOCKS.
ussisitscis, •nosirott, mad co. a. PRE COMMA.
StAILATIOR COMMISSION/11.
The Aerottere-Getertet ;hewed cause why a
Rule obtained by Mr. Serjeant Besr, for a new nix%
should not ,e made abselnte. He grounded his
elsjeaion on the alt of the 39th of GI O. 111. ch. fin,
sec. 101, which he said had evidently fixed the time
for making the valuation of the property, for which
c.mpensation was to be made, for !Asses arising
U. 411 Or. building of the West India Docks. The
e«..rtsi words of that clause were, that compensa-
tion was to be made to those persons whose pro-
perty might become " less valuable than it is
at present." He conceived that the words "at
present," meant now." that is, the time at
which the au was passing. It appeared, therefore,
that the instruaion given by the Recorder to the
Jury was perfectly correct, in excluding that evi-
dence which related to the alleged probable value
of the property, subsea uent to the passing of the
set. Were he to take forte whole days in arguing
this point, he could not state any thing stronger, or
more expressly convincing than this, to shew that
the Plaintiffs were not wsll•grounded in their
claims.
Mr. Galeow and Mr. Dame, ea also said a few
words upon the sums side.
Mr. Serjeant Besr, in support of the Rule, urged,
with great force, his former arguments upoa this
subject. He maintained that the act had not pro-
vided in express terms how the valuation was to be
accomplished. It evidently appeared, that the
value of the Plaintiffs' property was io a progressive
state of increase, in proportion to the imports of
Weer India commodities into this country. He
Illustrated this position, by stating what would have
Men the cori.equeuce, had the Plaintiffs been wish-
ing to sell their property. or to grant a lease
thereof. They certainly, in that care, would have
looked forward to the probable increase of future
years.
Mr. PAIR followed. upon the same side, and
argued, that by the Igeth Seaion of the Alt. it was
expressly provided, that no pers n wesuoorraite a
claim until three years after notice 'Owen of Abe
opening of the Docks. in order that they might
know whether or nct theft prOperty was to be ren-
dered left valuable by their operation. The Docks
being opened in the year 180%. the Plaintiffs could
net by this Seaton mike their claim till the year
1395. Now, in what eituazion, he asked. dad this
place them ? They were to remain out of the value
of their property from the year 1:99, 1805.
This evideotiy sheaved that the *tea Like of the
ProOorte, in the year 11799, was-to be estimated by
such evidence as could-rile- produced, as to its
*aloe at a subsequent p..iod, remote from the pass-
ing of this Aft. At all events, there was eathin
in the Aft which expressly excluded the known and
LI rule of valuing property or of excluding
probable grounds of incie oar, is was dime io
ether cas.:s. suppose that it had happened at the
time of passing the AEI, that the Plaintiffs' premises
had tumbled down, were they, in that case, to wi-
tness their value according to the then existing cur.
tasestances ? Would it nut then have been reasan-
able to have taken into consideratide itre probable
increase that wit likely to arise hoectter rebuilding
of them! Certainly it would ; and noon the same
irrlndS it Was but fair and reasonable to take into
the computat:nn thcse subsequent years, which were
likely to estate an increased value to tne Plaintiff's
property. •
The Corse were of opinion that this matter was
Of great weportance, and as they wale li/LIOUS to
lay down a rule that iroeld preclude any subse-
quent correction, they slthald take some little time
.11P 40 consider it.
la out Paw of yegter.lay we par a Lei, Reix.rt of the Nllow-
ing Cue I
OODLAL end OTHERS POLDER° and or. ueltS.
Mk. NTT'S DEETS.
LIPS ouutiencs.
Title was an aelion of debt on a Policy of Insur-
ance under seal for 5001. with the Pelican Office,
upon the life of Mr. Pitt, then warranted under the
age of lorry-six. 1 he Declaration stated the Policj,
that doe Plaintiffs paid fifteen guineas premium fur
irstoance. fir a year, from the tsth of November.
Iso4, that they also paid the same sum for WO,
and that afterwards, to wit, on the 25i of Jaettanft
1806, and while the policy was in force, Mr. Pot
died, and notice of his death was given to the Of-
ice ; that thiee months had since elapsed ; that Mr.
Pat had nut been out of the Elvin of Europe, nor
ei gaged in the military or naval service of His Ma-
jzity ; that be was not forty-six years of age whto
the policy was effected, and that the flaintsffs were
satire Ulf in his lite. to the amount of the t.:m in-
sert!, arid upwards, by Sting creditors upon him
cur a large- sum of money.
To this Defendants pleaded, first, that they
owed nothing; secondly, that the Plaintiffs were
not interested in Mt. Pitt's life ; thirdly, that the
IIALEVIS of the Plaintiffs in the policy was a debt due
and owing from Mr. Pitt; that after his death. and
before the exhibitino of the bill of the Plaintiffs,
the debt was ti.t:ci by John Earl of Chatham, and
tie Bishop of Lincoln, the execetors of Mr. Pitt.
The Plaintiffs replied, protesting that the int
was not such as was stated, that they were not duly
paid by the said Erecutoss, in the manner and form,
kr. and hint was joined on the former Pleas. Tee
Defendants paid 511. 10s. into Court on account of
' the pretniums.
Ott the trial the policy was proved, and that Mr.
Pitt died's' stated above, and had not broken the
terms of the policy, in t tie reweg above seated, by
going oat of Europe, or Seplirk ie. Mejesty in any
nsilitary or naval capacity) smith that-notice was
Fieen of his death, as requited. That Mr. Pitt died
Indebted t.. the PliOtifFs. and that on the Gtls of
Maidl, 1506, bis seQnwts piid to the Plaintiffs

Mt.

1,1091. Its. 6J. ant, or, the monies granted by Par-
Jimnent, as in full lev their debt.
The question was, whethef the Plaintiffs were en-
titled to recover ?
Lord Er.t.ananacioon stated, that it was *lslay,
agrted, that a policy of insurance, such as is valid
under the statute of Geo. It. is a centred of indem-
nity metcly against any loss by 'the event insured
againbt, and viilatever removes the lose, or dimi-
nishes it, in the happening of the event, affects the
right of the party to recover under such insurance.
—ln this case the Plaintiffs were only interested in
respea of tti; debt,-the prospeß of recovering which
might be affeded bythe life or death of Mr. Pitt.—
Being paid that debt, no matter how or from what
fend, they could claim no indemnity. He there-
fore concluded, Olat a Ter.:l4ft must be entered for
the Defendant on the first and third issnes, and for
the Plaintiffs on the second, by which the Plaintiffs

have in fad lost their suit.

__
M.
COURT OF COMOP ttaltA3—.Nov. 26.
Er-parte h 4 as ts.
Serjeant Saginaw spewed cause 1011 y the Rale
-Obtained in this case shoull not be made absolute.
it was an application mode by a Mr. James Harris,
the administrator of his father, to have an order
front the Court, imperative on a Mr. Crook, an
a Attorney of that Court, to deliver up to him certain
'Bile deeds. belonging to the property of which he
was the sole administrator, and to refer Crook's bill
of costs against Harris, to the Prothow•tary. The.
Learned Serjeant did not conceive the Rage within
the jut isclidion of the Court, Maar:men lis it referred
to a division **property, only to be settled either
by a bill in Chancery, or a reference between the
parties. It involved a great many considerations
esstirely out of the purview of the Ccuri ; such as the ,
accounts between A Mr. Begg, the administrator,
daring the minority of the present existing admi-
nistrator, &c.
The atfiadavits on both sides were eatrem-ly
voluminous ; and it was contended, by Serjeant
VAOIIII/W, that Harris having granted a Warrant
of Attorney to Mr. Crook, for a certain sum, he
was justified in calling upon the discretion of their
Lordship, to order even that single item to be re-
ferred to the Prothonotary.
After the iistrocluttroo of a variety of cartons-
stems, totally irrelevant to the question immem-
atety before thts Can't, but of peculiar importance
to the parties, with respe& to their different interests
in a general adjustment of their clams,
The Couar oid not conceive the mere execution
of a Warrant of Attorney, and in rime,' Crook was
not considered as the agent of Harris, as sufficient
to call upon them to intertere. It, therefore, atter
a strenuous admonition to All toe parties, to refer
their different claims to some Gentleman at the
Chancery Bar, refused to make the Rule absolute,
and discharged the motion wises cost..
niece's, /girder of Chu:, o. SA WM&
Seejeant Btsv ciewed cause against the rule
why the award of the arbitrator, in tuts action,
should not be' set aside. The application against
tne award, rested upon toe aa.aavit of a Air.
Scrivens, a =eschew s clerk. who 6'st tom. upon
himself to oppose the grouads'upon whit:, t e ar-
bitrator (Mr. Seijeant Room:wan.) l.ad Jetennsi.ed
to male the award, and next so suppose that he had
come to an ergo:leaner-amiss:cm, is oppramion to the
law of the case. Upon this optima of Mr.
Striven*, the Court was called upon to set aside an
award, although there was. no fact or evsdence
which could kind.): the Court to entertain the
opinion, that the determination was either made
upon an improper interpretation of the law of
the ca.e, or upon the assumption of any fad,
which, if not admissible, would have induced the
arbitrator to have made a different decision. Toere
was also another ground opal which it was sought
to set aside this award. It appeared from In.
affidavit * Striven, that in the adjustment of tile
accounts betties:a the Baakrup:. Bunn, woo was an
in.arance broker, and the Detendaut, Barnes. who
wee an trlder-ariter, that Bunn was made a debtor
to the amount ot lihn. upon the ship 4one, which
I had been captured. The tad was, that the Defendant
was authorised to make assurances upon this ship ;
and on his passing Mr. Bunn, its Lloyd's coder-
hou,e, that path man told the alendant he would
be glad to take a line upon the ship Arose, at the pre-
;morn diet day given, which was at the rate of
fifteen guineas for every hundred. Mr. Barnes
• told him his wish should be compiled with ; but in
the multiplicity of the Detendant's concerus, it so
happened that he totally forgot his promise to Mr.
Senn. On meeting him soon :the'', tbe Defendant
found him dissatisfied at toe shsappeintroent, and
th.nking himself bound in honour, he traosterred an
insurance, made in the name of Lee, at 7 per cant.
and over which "bornes had, by a Power of Attor-
ney, Lull authority, to Mr. Bunn, at fifteen gutneall
for the hundred. This transaction. Mr. bcnvens
thought, eonstonted a re-insnraoce, and the Court
was called upon to set aside she award upon thia
and. Sat it *either Met the spirit nor the letter
of the 19th of George 11. That st.stutera . '
re-insurances, was for the purpose of Aneekitig a
litre
spirit of gambling, and went to guard against a
man taking an insurance at a very hign prennem, and °
diems, by a central with another person. at a lower
premium, putting a sum of money into his pocket,l
without being liable to any risk. The fats in the
present inuance were diredly 'contrary ; it was
merely a substitution of Mr. Bunit's name for Mr.
Lee's, increasing the premium from seven to fitteen
per cent. But by the letter of that "Statute, in °ids!.
to constitute a re-insurance,it wainecessai y that two
assurances should be made,that is, that there should
be first a contract between the assurer and the per-
son taking the assurance, and then a second policy
between the latter and the third person, with whom
be contrafts, for the purpose of indemnifying him-
self from any risk. Upon these grounds he, (the
Learned Serjeant,) considered it impossible for the
11l Court to set aside the award.

Serjeant Olis cow followed on the same side, and
contended, t►at it wits necessary, before the award
could be set aside, to thew either that the arbitrator
bad exceeded his jurisdielioa, or that time was
a :instatement of the fads. with which, if the ar-
bitrator had been Acquainted, he would have made
a different 'decision. Indeed these was no other
ground to doubt the propriety of this award than
the Mete opinion of this Mr, Scri►ens, and Ish exer..


upon this

Mad him of
other ,

E......, ...q.,,
language of isee e164370i pat. .._ ___ . place.
' that be would teach the Judges law, and the
ps religioo." .
iierjeant B•t LIT ctiritended. that there was no
lagal evidence of the contra& between Barnes and
Bunn. He wishsd to know, uuder the present cit.
cumstances, to whom the Assurer WAS to come for
his demand ? Nut upon Bunn but upon Lees, and
then at course his claim would be liquidated out of
the pocket of the Defendant. Could Barnes, in
such case, maintain an affirm against Bunn ? Cer-
tainly not. The affidavit of Scrivens went to prove
that the claim of the Defendant, standing. alone on
that inadmissible contra}, had hem received in evi-
dence by the arbitrator. It could not be admitted as
a sri-If, which was only across adtion ; and as, from
its nature, it could not maintain the cue. so it was
imposvible to have it as a set-off allowed. In his

opinion a reassurance did not depend upon the
qua,logne of the premium, but it was merely a ques-
tion, wheth-r the Defendant, by insuring first at a
certain premium, and afterwards making a sub-
centre.), by which he indemnified himself, did not
subed himself to the penalties of a re assurance
the COURT, although it did nut judicially give
an opinion, whether, under such a contra 1, the
Defendant could recover against Bunn. and though
there WAS something subtle and curious in the pe-
seta circumstances, fret was decidedly agreed, that
it was not a re-insurance. Besides, there was no
proof before them. impeaching the award, and
therefore the Cosa could not, in a question, where
a general reference was made, and where the claim,
m conscieuce and equity, was just, set tee award
aside.
The motion was discharFed without costs.
POLICE.

al ANS1011.1110M•
A porter of the name of Ring, in the employ
of Messrs. Barden. of Greco-church-street, was
charged. before the Loan Ma Volt, with stealing a
paper fhll of nails, vetoed at 2.; 6d. which was
found in his possession, and which he confessed to
have stolen. He was committed for trial.
Lawrence ration, porter to Messrs. Bell and Co.
St. Martin's-lane, Cannon street, was committed
for trial, for stealing seven oil-stones, value 11. as.
the property of his employers.
A man of the- name of Rashest, was charged
with picking the pocket ofJamer"Scofield, a private
soldier in the 7th Royal Veteran Battalion, of his
poeket•book, containing 81. in bank notes.
It appeared that Scofield, and his comrade An-
del ton, had received the notes in question, which
were their joint property, as payment for prize.
money due to them ; anJ, as they were passing
throegh the hiiiiories, the Prisoner, in company
with 'three or four other persons, overtook them,
when he thirst his hand Into Scofield's pocket, and
whipped out the pocket-book, which, it is supposed,
he contrived to slip to some of his gang. Scofield
laid hold of him but, after some struggling, he
got away. The soldiers immediately pursued, and
took him into custody. 'He was iota, t y
searched. hut no pocket-ouok was fou;.d in Lis pu..
session.--41e was remanded for a second era-
'lunation.
• COW-ITRIZT•
Yesterday 'fee! Isaaae, the wealthy Jew of &Ms-
mouth, was brought before Mr. Haas. for re.exa-
minatine, charged on the oath of Xlehard Smith,
Esq. and ethers, with feloniously uttering and pub-
lishing as true, at Greenwich, in the counreof Kent,
a certain tale, torged, and counterfeited certificate,
purporting to be the certificate of the Honourable
Courtney Boyle. Captain of His Majetty's el the
Ki7al WrYinore, and Robert rooag, Lieutenant of
the seine tap. in orderr to receive certain prize-
money
due to Thomas Seandling, who had satved
on hoard His Majesty's ship thle Triaraph, with as
intent to defraud the Comtnissioners and Gover-
nors of the Royal Ho'pitel at Greenwich, be well'
knowing the same to be false, forged, and counter.
fen.
Richard Smith. E:q. the Clerk of the Cheeque at
Greenwich, said, that the Prisoner had been fee
some time surpetfird of forging seamen's certifi-
cates, in consequence of which every possible atten-
tion and examination were given to every Lire
tilieate that come from him. • On the twenty&
ninth day of September last be received from .
the Prisoner, by the post, an order, purpartin4 to •
be the order of Thomas Scandling, of His hlaiestyls
ship. if eye! Iralhista, at Spithead, *n.l to I'M tall
mark of !homes Scandling, for u th payment tot 41
Prisoner. er order, his share t f the Trim-brooey,
when on board the Trinntpk, ice tee it,,,ser, Sea
Raphael, and ti lime, under Admiral bur Robert
Calder, in the West-ladies, at his office in Green-
wich. It came in an inelosuist, purporting to be
signed by W.•H. Preston, clerk to Mr. Peacock, of
Clepent's Inc. agent to the Prisoner. He strongly
suspected the orcerro be false, forged, and counter-
feit, and that the Prisoner forged it. tie further
stated, that on the 17th day of September, a young
man, who said his name was Thomas Scandling,
sad that he had served on board the lrsenspit, came
to him at his office at Greenwich, and Chtimedtlere
payment of some prize-mosey, which, be said, was
due to him, for captures made by the Triumph, and
on bang shown the slid order, in favour of o.*
sorter, which had been seat for payment by Maui
Peacock. the Prisoner's agent. Seandling deelaridi
he had not signed it, or given any order for the
payment of his prize-money ; asd the day the envier
ficate purported to be steed by Thomas Scandling,
be was at Liverpool.
• Mr. Peacock proved, that the order, purporting
to be signed by Thomas Scandling, which he pre-
sented to Mr. Smith at Greenwich, was the same
I. that he received from the Prisoner at Portico. He
believed the fining up of the orders to be in the
band-writing of the Prisoner; and the signature of
Thomas Carey was also in the hase-wi lung of the
Prisoner.
The Hon. Courtney Boyle, Captain of His Ma-
lesty's ship naval with., now lying at Brit.
bead, said, that the signature 6. C. Boyle" to the
'tertificate amazed to the order of Thomas Scar&
ling. ,aothorising Joel Isaacs to receive Thomas
licandling's prize-money, doe to bins for services as
a boy oil board His Majesty's ship the Triamix6,
for the capture of prises. was not his hand-writing.
beuterwat Youug, of the keeet frfklem, eased,
that the signature of Robert Yonag to Thomas

Standling% order, purporiin. tp be his signature,
was a forgery.
Jeremiah Craymore, of Liverpool, proved, that
Thomas Standing; lodged at his Norse from the
14th of September to the 24th rn a, ; so that
I it was impose ble he could have signed the order.
1 as it purported to be signed on the 24th ea, of Sep.
tember, at w:tich time he was at Liverpool.
William Adki 1.. the OlEcer, said, be took the
! Prisoner 'nto custody at his house, at P• rt.mouth.
on the Ist day of °Sober, at which tim. he con.
fessed to him, that, after the order had hem re..
lotted for Captain Boyle's signature, Scandliog,
on the same day,• called on him, and requested to
be paid his prize-money, (at which tim? Scard ing
was at Liverpool), and that be told trim he could
not have it, as the order had been returned for want
of Captain Boyle's signstore ; that Seandling took
the order, and. in a short time, reword wit+, it,
purporting to be signed by the Captain. This, of
course was impossible.
The Prisoner was fully committe t for trial at
the ensuing Assizes for the county ,TlCmt.

ft!;l'