The British Press; or, Morning Literary Advertiser.
London, England, 1821-11-24 00:00:00

t.ss l'4llE /14#04.141fCg" said •is
..tod
sat.' .101:111T Or titiliCtltt. titteotaii `so ne)
Fatuat, Noteinut 23. «..1
I.V( • tiON.
e. 11 MISITT AKO 21/1111.ik "4
Ma. Hoof., mased to dissolve an injauctios
:72,441:11grised by the Plaintiff to res.
• Ilk' ta front sending the ship
Apollo, then lying is the port of London on a
'voyage to the Bast lathes. until the Defendants
had indemnified him against any demand that
might be made so hist. as pan owner of the ship,
for repaint of the vessel, ordered by the Defen-
dants without his consent. It appeared that the
Plaintiff wasowner of three.eightbs of tbeitip, and
the Defendants were evssevs of five-eighths. He
head* this application ow the g,retind that the Plain.
tiff had no right to interfere with the inanagelsept
sir* ship, at ht had been indemnified to the
tt tit ef his ioterest in her. Before he moved for
trite iajnoctios before hie Lordship, he had applied
to the Admiralty Court. and had held the Defeo-
&atria srcerities for the interest he had io the
tooth. He could not help expressing his surprise
that this eirceosstanee was held back from his
tnatiship whoa the isjunetion was moved for. The
*art of the Minuet
_ion had bees highly dein-
metal to the Dehethints as to their interests
in the ship, which was of the first class, and as each
mitered at Lloyd's. sod before the application for
the iajuitetion, had bees freighted by the East ladia
Company, had balf her cargoes board, end twenty.
eight persons had taken their partra4e in her for In-
dia; but in consequence of the Injunction, the
Company objected to the cargo proceeding in the
ship, sad many of the passeugers lad withdeasin
themselves from her. The statements of the Plain-
ee obtaining the injunction, were, that the ship
was damaged and not seaworthy. The Defendants
in answer had put in affidavits. from which it ap-
peared that the ship was of the`Biat chits, and equal
not only to make a voyage to the E4st Indies, but
Wiley put of the world. Since the issuing of the
injuDetioa three of the surveyors beloisgtng to
Lloyd's had surveyed the ship, end they reported
her capable of performing the voyage. He then
said he held iu hie baud the affidavits of seve-
ral skip-brokers and surveyors, and also dime of
the Captain, Mate, &c. who Davigated the ships's
her last voyage, to the same effect; and the officer*
that during the whole voyage, in the hardest
gelea, she never made more than two or three ioches
of water in 24 hours. Under three circumstances
he had tar doubt but his Lordship would dissolve
the injunetioa.
Mr. DuCILWORTH followed on the same side.

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• Mr. i'laire, Counsel for the Plaintiff, contended
that the injunction "nip properly granted. an ought
'not to be dtssol wed. Qp, Ottsining ,it., 60 ,'"
.;pot
said any thing about lie security obtained. the
Plniatid is the Adminsity Court, because it did
not bear en the question; the 'wearily would be die-
wherged the saruent the ship arrived at the port of
London. after making her voyage, although she
was reduced to a bulk. end tho Piaiotiffworild mot
_bet entitled to any .nworepnica (evoke kw 41 ell.:
property. It could riot be•dealedthet the llebbind '
incarred a legal -Inibilhy for the debts of I 'kip..
• ~•.
and the repairs directed bi jilt-
amounted to 'I,OOOL The Uellie ha .1'
affidavits had stated, that thuphoel paid, or would
pity, the whole expense of Ibis anlik4 if •they had
paid ell the charges he nook, bow Ind :Imo objection
• tw iheciujonctiou being dintlefile.kat n*61.11114 I
was done he felt satisfied thin, bin Mann isbip warn II
. not disturb the injunction.; P 7 ..,•14.1 ) 1 VOI t
Mr. BAILIN followed nit the. s. 41/%4 il:
Mv. MAL, replied. . ..1., ~..) Net &
Ur. H 4 111'14101d. 1 that his alisnekentinfit iessupsd•.'
bini.thut the shipwrights who had !griped- the ship
bad sent hie in a bill forlthonjpaits witko.letair.
-ending, Vest -they huld•lsias liable for •ilso wipeout.
ThiviWtee ae'Sd be Pr•o94/4 tee Mesta bi-iealirele
Ivgi.
*SheLeas CaaweitLibahrog Yes tsar hike that
'time to produce the f‘terlii Mt-then 1 will •state
what Ithitik of the cnit.,l „".
•Mr. HAAT stated., that gte letters which had
been tent for, were sow 'isuiceirl ; if it was wished
by the other side, ha •woulld hove thew verified by
affidavit.
Mr. • HIALD said. the letters sire written on the
4th of October, and it was very odd that tbes. b.d
trot been introduced late •the Ploiotiff's bill ; if
*bey bad, his cheat not;bl lune had the °pipette-
',sky ot atieweviog• theme' He did not find Wint•there
was any bill sent in, 'ft stated by his - Learned
'Friend, Mr. Hart. , '
61r. 11•ar--.• II Wirers and Greene will wake
1 •adafidavit that they will not look to the Plaintiff

case of so much." fint
'Me. Hotias.id, lts wooki.mot motile them to ,
take such a step.
The Lotto Cuowczeteo —" This matter corn's
before ate on a motion to dissolve an injoktion
Witt rest rains • ship from suiting to the East Indira.
Where all the parties are liable to the repairs co( •
the Court weight to be coolowas in *rooting'
en injunetitm in such a Clef ; bet on en el-porie
statement, 1 do not kouw ' how the Court could
refuse to grout it yetil it had heard the'otiter
side. There were too greends stated, which made
ate impteision on my mind that the Court had }aria.
diction. The affidesit of the I'laintrff represented,
that devoting this ship tb the voyage, was devoting
err eta destruction, from her build, her straining,
..std the water made by her. It appears to tue the
•.'4,:essot of Admiralty did not giver the Plsintiesuffi
tient iddemnity, as they would only grunt indeina
nets for the retort) of u ship if seaworthy, sod not
ugornat our that was nut, and this ship was repre-
sealed to be the latter, from, lar:uge,
&c. It appears now fres the elkleeits produced
on the part of the Defilidwits. thee As ship is
seaworthy, awl that shi could not" I?e',itrwreuted,
from ailing. As to the other grultid daelt on by
Mr. Hut. I do trot .think it suasion .to give Jhe
Court jorisdietient. WOO* a person hominess part-
nee to a ship. he renders himself liable for all tier'
expenses, sod it is w•ll, known that the wily security,
virtue, has agiUsatt_tltlpadoingi hie fellow-
; perigees is an applicatiou to the eau t of Aaiminaty.,
anti this Court will not slept in to interfere. A ship
tall be put into dock by any of thrpartpers, but
the party dissenting from the repairs being perform-
, . etl cement give intiee..to Ottet4ttpwrigblAat be will
not be liahle fur them. tie wly.iii‘4l4 covert—