The British Press; or, Morning Literary Advertiser.
London, England, 1803-02-12 00:00:00

LAW INTELLIGENCE.

COlliT OF XING% BENCH, WESTMINSTER, Fn. 11.

THELWELL V. FELL.
Mr. EEM:HE moved for a new trial in this case,
on the grounds that a verdict for the Plaintiff had
been given contrary to evidence. It was an action
an a policy of insurance on the ship Malabar. She
sailed from the Islc of France for Toulon, in 1791.
While on her passage from St. Helena, she fell in
with several trading vessels, from whom she re-
ceived information that France was at war with the
Emperor of Germany and the King of Sardinia; also,
that England was preparing to commence hostilities.
Very soon after this intelEgenceolte fell in with two
Spanish frigates, one a-head of her and the other
a-stern; they hoisted Spanish colours,and tired a gun,
which the AI alabar answered by displaying the
French national flag. Sh• was then sufTered to pass
as a friend. The Captain of the vessel finding that
the Spaniards were at peace with the French, imme-
diatelfcalled all the people on board together, and
entered into a council, to determine the port into
which they should take the ship. The result of their
consultation was, that they should go into Cadiz
rather than ruff up the Straits of Gibraltar into the
Mediterranean, where there was every probability of
being captured. The Malabar was accordingly car-
ried into the above port, and some time after her ar-
rival, was detained as a lawful rrize.
It -was contended. on behalf of the Underwriters,
that the ship had forfeited the benefit of the Policy,
by not going direetly for the pert unto which she
was bound, and that the present action ought, there-
fore, to go to another trial.
The arguments on the part of the Plaintiff, went
to justify the conduft of the vessel, and the decision
of the Jury. The Captain was certainly, doing the
best he could for the owners, when he tbOk the ship
into a Spanish port, as his knowledge, at that time,
did not permit him to know but that the English
cruisers might be in the Mediterranean ; in Which
case, he must unavoidably fall in with them, before
he could reach Toulon.

_
Lord ELLENzoanuou observed, that the present
cause was certainly a peculiar one to decide. The
question was, however, to determine, whether there
was an aaual and immediate necessity to go into
Cadiz with the ship? if so, it was a line of condua
the law would support. He had observed no cir-
cumstance to prove it otherwise : the ship had gone
into a port for the purpose of receiving proteaion.
As that port was not then hostile, she had every
reason to c.lusider herself in a state of safety. He,
therefore, was of opinion, the verdia should not be
disturbed. The other Judges uniformly concurred
in the same determination.— he rule was CO2lle-
qti en tly reinsed.

THE KING V. RICE.
Mr. GARROW moved for the Judgment of the
Court against the Defendant, upon the affidavit of
Captain Frcemantle, of the Royal Navy.
Mr. Eroacir E stated, that it was necessary to have
a copy of the affidavit, before the Defendant at-
tended the Judgment of the Court ; and that with-
out it he had not received sufficient notice to fur-
nish his Counsel with the necessary documents to
plead iu his behall.
On this representation, Judgment was ordered to
stand over until the first Monday in the next Term.