The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-06 00:00:00

to the defendant and Mr. Burgh. en the part of
3lesars. Cos and ateenwood, the Oovernment agentx, that if they
wood pay the there would be an epd of their liability on
the bond. A bill at two months tor that yttin`wax then given ; that
bill •Aat.hoeciestiy paid bylba proceeds of the wale of Captain
Ctiet net. Irrikrattantl furniture., 'Ago Ogee ponder an IM-
MIX given by Ilan fur that moose. "
lit RUSSEL. for tie defendant. contended this payment of
the bill fur 1,8041. was; both in intention and reality, a payment .for
iii digitiser of the bond. If, therefore, a verdict wits to lass for
thit riot; u, u could only befit 100!.
l'itiaSilltirattost-Gant ft A L mibmitted that, Ent, the authotity
which 11110415. Cos and Green..vood pootesited did not empoWer
then, to diachatie the bond. Sixondly, it' it had been received far '
teat shwwweg t>fie bend 'has never got up, and no retoit entered.
Anti, the money wn.s not paid by the defendant and his
co..yume lA, bufby.Caputin From all these facts, he
ft It confident that the Jury would draw a conclusion hi favour of the
Cto .9. , .
fatiMl flistittllanow soMmed up, and told the Jity thit
tn.a Johlaraeaut of the Una had been paid to Cox and Green-
they Laving no authority to discliar,.,c the bond, at that time
lyitas state War-olfatie, It would pot have removed the liability itf
the askticlinb.
II:, 'Jim aftertaime minutes' crersideratior., fotind a verdict for
tt.n Ow wit.

ilre H COURT OF ADMIRALTY, Aloxnav, Dec. 5.
- •
i Defoe Lord &roues t.l
rai:stain); the last day of Tcrn, the Court was opened with the
i••.-..a/ Mike.
. CLAIM OF SALVAGE.
Zr 'Patna.' motto brought 'forward a claim of salvage, on the
pat witabe wows of six vessels, for a large quantity of wine and
brandy found derelict end floating at sea. The value of the pro-
perty so found was estimated at 490!. If sold for exportation, but
it was Calculated that it would produce a sum of 1,730/. if sold duty
free, which the Court was prayed to order. The property In ques-
tion was found on the coast of Rent, at different periods, anti was
supposed to have been put of the cargo of a vessel lost, as no claim
WA been made, although the property remained for the usual time,
:Malting a claim of ownership.
SirC. Boat wsow said he had no instruction to oppose the ap-
hitestirta made in this case, but on the pert of the Customs he
t hough' it right to observe, that the Court only decreed that property
s .ould be sold duty free, when it was so smell that, if sold sunject
to duty, the produce would not be a suilicietit remuneration for the
strvict la formed.
The Costar inquired whether notice bad been given to the Cus-
toms before making this claim ?
The Register answered, that no notice had been given to the
Cavtuois, but that notice wit; served on the Admiralty Proctor.
The tooter desired that the Admiralty Proctor should be sent
hit., sod on his arrival he stated that the case had been under con-
soietativia, but that the property was so small that it was deemed
Aviaable to decline proceeding.
Under these circumstances, the COURT decreed that a cunt of
OCIL should be paid to the salron ; to be raised by the sale of so
',cc.% of the property, duty free.
CLAM FOR HEAD-MONEY.
"iihe ti.fatia's ADVOCAta MOM', on the part of the Captain and
crew of fits dirdeaty's brig Liberty, that head.mooey shoot(' be al.
d..we,.l.(iie t destruction of a French corvette, named L'F.tourdie,
idorno4 the bay of Boulogne during the late war. From the
41
ai-.. .:eittof sprain Mackehzie, of the Liberty, it appeared that he
...oldie-Quite shit command ut Sir W.llidney Smith, then Corn-
inadder of the Distleiti, and in conjunction with that vessel had
aits#o44lln *wily destroying a French coo/toe, named l'Etour-
dtri„-and her convey, in the Ray of Boulogne. The crew or
,"liiikitiffe escaped, but it was amertained that she carried 16 guns
aral a. crew of 120 men, upon which head-money was claimed.
Amitheitioa grented•
Till: d.IMES OF LANCASTER.
Dr..Lowtera apt:cared to support a claim of salvage, made by
the.inaster and crew of the brig Norval, foe assistance rendered to
Vic fairtea of Lancaster. It appeared, by affidavit, that the James
ci Lancastot, couli:q.; 12001 New Brunswick with • cargo of timber,
struck upon a r, e'... ;.rd became water-logged. In this state ate:
nagneen by the Crete oftlie.ben; Norval. who rendered every enlist-
s e, sail at length *unmeant in carrying the James into Hester-
ti., s. The eargo which was saved was valued at 4,500/.--.
4.ceete proceedings h*,taken place Wore the Magistrates, rho e ~.
c3:ed that COI. was a fair ommennition, but the owners of the
James denied the authority Mille moodstratee. and in candour, he
l.Lta. Anus) believodtittd the magistrates had no authority. Un-
der Weser circumstaeees the question came before his Lordship.
Aithipt. titit minim had echoed to submit to thearb'sration of the
Menktewelie4they now tendered the amount of the award made at
tSat time. Th.' salvors were satisfied with the award of the
ititse
leti.ates, but they were subsequently detained and bad much
ta
4028 COVET thought the award of the Magistrates was too small
eel' that the claim of the salvors was most moderate. The ob-
}imam' to Uagistrstes being allowed ten decide salvage claims was,
mat in seaport towns M:ezistratert were generally ship-owners, and
ibefiforo had an Interest in keeping down the claims of salvors
rith so Improper de;rrot of !regality. The salvors having been
satisfied, the lirtirtcotild• nos COJCIAIIe the object of the owners in
refusing to rat tbe wry moderate award of the Magistrates.
libinw the ertemstanmo. the Court did not deem the tender
safrijent. and On. uro Ifta to the salvors. with expenses.
CLAIM OF THE SICILIAN GOVERNMENT.
' 'ire Pitttnotortz appeared an behalf of Count Ludolf, Mi.
n4ter .h.-otraordinary and Plenipotentiary from the King of the
Tow Sicilles, to support a claim of the Sielliao Government to
1.131i.' Prlassrnonev. now in the hands of the Governors of Chelsea
F'.;,, ital.. jo the 47:h year of Vie late King an Act was passed,
I, y nt4Ps the troops of iris Sicken Majesty, wben employed in
conjunction withlirltisli ebtis or troops, became entitled to • pro-
putt' :e share of prize-money, to I,e distributed according to the
titigi action in this country, or In such manner as the King
eM" Two Sietlfes shad direct. Tbio Act was amended and en-
knee Dowers given by ad Act of the follevrtag year, and also by
ait het s..t sedle. lie 4th year pf hie present Majesty. In 1814
off rathedition •es sea t rrut mamas Genoa, Savona. and Spersis.
The li-d toren were commando! by Lord W. Bentinek and
telt Wet free' the command of Lord Exmouth. A body of
leilten troops . scud in eontunedea with the British; and upon
t;..1 captive of 011203 amid its dependencies becatac entitled to • pro-
portion-of prisedneney. An order of Council was made, by which
n was orLcred ,`at the rr;ae.ntot:ey due from this expedition to
hie Skill= Majesty's army should be paid to Ccunt Ludolf, the
Sicilian Ambassador: Ls great difneadty was 10110 d to Sicilian sub-
jests in prat tag and /mottling the amount of their claims in Eng-
bad, C met Luidolf hod excited the amount of all claims due to
Ste-diem *Nee with • mingle exception. This claim was oe
laatot.. doped Its Chelsea Hospital, as prize-money due to
llstior-Osmintil • it-R. Hall: Sir R., then Captain Hall, west a
Priat-t`sitaitiin roglish Davy, sad also held the rank of Major-
°event Incise tile:Tun army.
lerd tirrooranx—Dr. Philliniore, do you claim prize-money
fm-Caotain Hart, or for Major-General Hall ?
- Dj. reer.t.rstoae—My Lord, Capt. Hall has been paid, but
the pane-sonny allotted to Major-General Hall remains, and may
he distribute,: in any manner the King of the Two Sicilies
'Slits As
allay ws' appeared for the representatives of Sir R. Hall,who
twite-money due an his higher rank as Major-General
ley a '
itjtterrice.
cl7aire
eine appeared for Cltekta Hospital. Ile said, the
tle do cue were, that Captain :tall 21:-.4 been returned by
wtki In both services, u Poet Captain in the British navy, and
pir
. r3Theilliktt.ttli7e nSakirylian; aanrryie beit errhAdas enrecrtitladivectiollaisnyPt46.duagrcm°otireeY u
11 "WM eePral in the Sicilian service, that claim mat be decided
. lig..strcarusities. it'Mlst there were tadividnais in this countey hay-
lay a (lair!: tit;tlte money, the Of:m=0110f Chelsea flospitel felt it
their docrta ;Maio it.
The. asits,pot in having been read, the arguments cf the
ortik
Learned -yilians were heard en support of the clams of their rc-
epeedve 44m
Ile. Pninuatonc said, that Count Ludolf made the present
eiatro io accordance with what he conceived to he a sacred duty
owing to Ms Sovereign and his countrymen. The expedition out
nr which CO.. dent arose took place.fis 1814. The property
omitted tree valued at 11N5,0421. of which 81,0001. war allotted to
the British troops and nme,and the remainder to persons employed
I'm rite Siediatt servire. The whole sum h.:41 been paid into Chelsea
Hospital; but it was ordered that the rem allotted to the Sicilian
fbreceshould be paid to the Sicilian Ambassador, to be distributed
tasted' piano(' m his Sicilian Majesty ihoo:,-,ht ht The sum now
claimed had barn &emitted as SiciFon property, and be contended,
emit! notiostiv be a ithheld from his Sicilian Mejesty. As to Sir
IL Had. hoeing taken his prise-money as Captain Hall, he bed no
farther (brim. As to Chelsea Hospital, the Governors were only
auto holders. and had no claim whatsoever. The money was
entered as Sicilian pro cart)
_a distribution took place which shut
ow: the claim ot Captain Hall and all other persons. He there.
go.? ...shunned that the Court should decree It to be banded over to
Crust latiloth
Dr, Luau t WGTOW &Mowed at the same side. He said, that the
capture of Genoa, Savona, and 9pesaia, was affected by the joint
eat-nista of 'Sicilian and British troops. The Crown of Sicily,
warelore. had a right, independent of any Act of Parliameet, to
chain a proportion of die captured property. As to the'distribudon
of that property, it was smatter of local soil domestic regulation,
with which Another country had no right to interfere.
ofe,C, &opinion said, that • claim existed on the part of that
clue to whidi Si; IC illllll3elongeri. If he was not entitled to the
pr4e-mosey, it, was unjustly retained from his class. But it tip- 1
pc aretlialiat Wee was l damn on the part of tlir K. Hiatt repro.
si...imitrei. Is truantry certainly would not interfere st ith any
expedtnos at she, Sicilian Government; but in the expedition
against G.Mea. the Sicilian no* were employed as a subsidiary
fete:, acting er.der. the British comniandets. Those individuals
who were einf.oys4in the Sicilian servitor' certainly had • claim to
, , lariat-money in ooksuction with the British Government ; but the
ia.eillan Govirethent had no claim whatever. The Order .of
Coutwil only *Toted the rights of individuals and not of the Go•
wernmerit.. As W ats being heeded Sicilian property in the boob.
of 4.;lielses, Iluiptal, this eohli not render it so in opposition
to GAP,.
I,Aanonp argued et the same side. lie said, that although
Charm tlaep'sal may be viewed as stake-bolder en site transee-
itiassahelscidlearical could not be mo,..eted to pay the money to
( panc Ludelf. to tit" prdudiee of other claimants. Captain Het,
b_y I.:miring ua li•itisit officer, foefeited his claim as a Sicilian
General, and theNoin se forfeited reverted to the class to which be
*dolga'. Ha coed not dtaien In both caps.ities' and it was:M-
ug to eehtettethat the final distribution eaeluded the trustees
Iron tactifylog so palpable fa error. To do so was the duty of tbe.