The British Press; or, Morning Literary Advertiser.
London, England, 1804-12-21 00:00:00

SIESTAER IL GILLESTIC.

This was an issue from the Court of Chancery,
to try whether MeaSTA. William and Joseph Beetson
had wilfully and wrongfully prevented an indorse-
men' from being made upon the certificate of regis-
try of the ship Ales.
Mr. Essen,4s, for the Plaintiff, stated, that this
was a question is which all mercantile men were
deeply interested. It chiefly rested upon that Aft
of Parliament, generally known by the title of Lord
Liorrporeo Aft, which was intended for the most
beneficial purposes of mercantile marine transaaions.
This Aa required certain ceremonies to be per-
formed, before a biil of sale of a ship could be
valid. The bill of sale should be endorsed on the
register itself, ten days after the ship's arrival at
the port to which she belonged; and this could not
be done without the consent and concurrence of the
owners. In this case, the Plaintiff had entered into
a negotiation with William lleetson, and agreed to
accept bills for his accommodation, to the amount
of l I,oaol. upon assignments of his property, in the
ships Abase and Duce; however, it afterwards ap-
peared, that his shares in these ships were already
disposed of; and it was then agreed, he should
make a bill of sale of another ship, called the Allem,
belonging to the port of London, and then on her
voyage from China, under the command of Captain
Musgrave, laden with teas, for the East India Com-

pairy. This bill of sale was delivered, and the
usual endorsement made upon oath, on the 9th July.
1803, upon which the PlaintilF accepted bills, to
the amount specified. On the 17th Decemheriol.
lowing, the 41/er arrived in the Thames, and was
enteled inwards, at the Cu ;tom-Howe. Nothing
then remained to be done. hut the endorsement
to be made Upon the certificate of nu iginal registry,
which was not executed- until the 29:1!„ two
days after the time specified by the Ad.
Beetson became a bankrupt, and his assignees, the
now Defendants, 'nought an adion ut truvei against
the present Plaintiff, who held the lull of sate, for
the money he had ado ally advanced ; and, notwith-
standing there was no neglect on the part of the
Plaintiff, AA though, it appeared that Beetson had
refused to bring the register to be endorsed, yet the
law was positive, and the assignees recovered in that
a9ion.

In consequence of this, a bill was filed io the
Court or Chancery, by the advice of an eminent
Counsel in that Court, who thought the Los
CiiANCELLORILKI a jurisdietion in su,.h matters; his
Lordship thereupon had direCted the present issue, '
which was to try whether it was by the !aches of
the Plaintiff, or the fault of Beetson, that the en.
dbrsement was not made in due time ? • After some
observations upon the evidence of Beetson on the
former trial, he proceeded to caU witnesses. The
bill of sale, Ste. were admitted.
William Beetson deposed, that when the shin ar-
rived in port, he waited on the Plaintiff, and ex-
plained to him his situation, with respect to sever.sl
bills of the Plaintiff's, which had been more or less
dishonoured : he had been arrested, and an ezecu.
Cos threatened to be put upon his house; that if this
matter seas not settled, he must inevitably become a
bankrupt, which in the end would be destrus&on to
the endorsement upon the register. He pressed him
exceedingly to have the matter settled: on the t Ist
or 22d, he called on him, and shewed him what
bills most affeCted him : he proposed that he should
have the first instalment of the freight to take up
those bills ; part of them amounting tol,oool. were
his own acceptances, for a debt aaually due by him
to the Plaintiff. A part of this first instalment of
the freight was to go to pay seamen's wages, and
the rest to pay the bills, in order to release the hares
of the Juliana. To this the Plaintiff assented ; and
they were to go together on the 22d or 23d, which
were two open days at the Custom-House ; he told
Captain Musgrave his intention, and desired he
would attend with the registry ; but he answered,
that he should first consult his Solicitor: he went
alone, and waited till after Custom-House hours,
but the Captain did not come; he then went .to
'Change, where he saw the Plaintiff, and told him
of his disappointment: he never willingly absented
himself from home, and it was extremely his desire
to have the business settled. On being questioned
by Mr. GI sac, he said, he would have made a con-
dition with the Plaintiff, about the bill, outstanding,
before he would endorse the registry : he thought
it was the duty of an honest broker not to give a
conve/anee for "bad paper ; he bad entered into an
agreement with the Plaintiff; that the acceptances
were first to be paid, and he would not go to make
the endorsement because they were not paid. This
was the only condition on which he would make it,
Which the Plaintiff well know. _

On his cries.-exArnination by Mr. CARRON, he
declared. that if his existence depended non► it.
he could not press the matter more on the Fianna
than he did.

Mr. Cs A aitow was proceeding in a statement of
the defence ; whei,
Lord EI.I.V41101tOUC)1 observed, that this was a
subsequent condition not contained in the original
agreement ; it was the duty of the party to carry
into eff!ta that which was formerly agreed upon,
and not to annex conditions afterwards; then address-
ing the Jury, his Lord,h;p told them. the only
question gas, whether 13..tetson had wilfully and
wrongfully prevented the endorsement to be made un
the certificate
.of the registry t
The Jury immediately found a Verdi& for the
" That Beetoon had wilfully and wrong-
fully prevented it."

%ILLS V. It•INIMIDGI.
This was an anion to recover the freight of goods
from Malta to Liverpool.
Mr. ERSKINE. for the Plaintiffs, stated, that the
Plaintiffs, Messrs. Mills and Hunter, were eminent
merchants at Malta, and had been employed by Go-
vernment to supply them with flour. The aftion
was brought for the freight of 786 barrels of raisins
assigned by the Consignee of the Plaintiff to the De-
fendant at Liverpool, who received them, and, after
keeping them two months, sent a letter, stating, that
they were of no value, and that if the Plaintiffs re-
fused to take them back, they v.•ould sell them by
aution, and commence an aEli In fur the recovery
of the loss, also declaring, that no part of the
freight demanded would be paid. The Plaint-
iffs, for the conveyance of these goods, pur-
chased the ship Lrevine, which was the identical ves-
sel that carried Bonaparte to Egypt ; he understood
it was a complaint of the Defendants, that she was
not sea-worthy ; he wished heartily she had proved
so when conveying that great personage across the
Mediterranean ; but, unfortunately fur mankind, it
had proved otherwise. However, to make the mat-
ter shert, it had been always decided, that the
freight should be paid ; and, it tie Defelidant chose,
he might bring his adion for the damage the goods
sustained. This being the opinion of the Court,
the Jury found a Verditet of 4171. Ss. BJ. for the
Plaintiffs.

--•es
of the Edward and Jeer, previous to her last vo3i-.
age ; but, in consequence of a dispute with lierywn-
ers, he gave up the command. She was a very
tight vessi.l.perfeßly sea-woi thy, .and had s!loitly be-
fore underg•ine a coinplete tep.tr. II • saw he: safe
moored, without the Mule Head, ;it MAIAZI, on
the evening he 1..•!t Iler. Ile
in th. nigitt, attd lie saw h.r
upon the reeks le.ixt moriiiiig, where. she went to
pieces.
lie was examined by one of the Jury (Mr. ft
Barb), who had been in that quarter of the globe,
.134 some variation as to the wrod appeared M his
testimoily.
The defence was, that there had not beewsuifi-
elent proof of the cfuse of the loss, of the statb of
the weather, &c.
Lord ELL.eenottovoa WO the Joey, that the
question came to a mere matter of Ltd, whether
the weasel was lost by the perils of the sea,, or the
negligence of the peipli• on board ? and it was
open w the Defendant to shew the Lute:, if he
could.
The Jury, after some totwatatiag: retired, wel,,
in :Wow an hour, returnee t t ascertain, Iron ai t. ,
BALI.; if there were s:ifracient. hands naluvuJ p
work the ship ? and, being alswereal in th.: adirina-
live, they again retired for near halt an hour, when
they found a verdict f the Plaintiffs of !UM above
the money lodged in Court.
His Lordship then disposed of two Common Jury
causes of nu moment, which closed the Bitcingt at
Guildhall.

COMMON PLEAS, GuiisitA„ - 71
,
Siltinzs et Niti h I ?Ur Myatt ice Cu amino'
sad a *row - . erw
401
HART v. wirier.
' • ,
This was an altion on a chimer iirty .hrougtt
by the Captain of die ship Wiltiam;lo recaaer the,
freight of the vessel from the Defendant, wilt) ;141
chartered it, to proceed to litjfikhael's, al.d take al,
a cargo of oranges solely fddlith and not to carry
any other merchandise.

LL.

Serjeant Sit EP H ten, for the Plaintiff, stated,.that
in this case tnere were several issues joined, nut, he
believed, net more than one or two would be fur
the consideration of the Court. said, Ore De-
fendant, who was a merchant in t foreign fruit ,
line, had chartered with the Plaintiff, who was Caa-
tain of a small vessel, to go to St. Michael's, and
there to take in a cargo of oranges, and immediately
return with them to London, without taking itt any •
other goods or merchandise whatever. He said it
would be his first business to prove the charter
party, and then he would prove that the ship did
arrive at her place of destination, that she had gut :'
part of her cargo on board, and that, Sefore her load-
leg was completed, she was blown out to sea, where
she remained tossing about for a considerable time,
and, at length, being unable t regaia St. Michael's,
she ran into Lisbon, and was certainly obliged to
rem.tin there a long time, on account of the very
slow. progriss made by the Portuguese shipwrghts,
who were repairing her. Ile said, he would prove
also, that he left Lisbon as sore: as the neve, :try re-
pairs were finished, and that he went to S. Mi-
chael's, hut was there informed, by the correspondent
of the Defendant, Abet he had sent the oranges by
another vessel; in contequence of which, he was
obliged to return to London in ballast. The Learn-
ed Serjeant concluded by saying. that heruncleistood
the defence set up br the Defendant was, that the `
Plaintiff had taken in other goods, contrary to din
eh trter-party, and that the ,lsip had been under seiz-
ure at Lisbon, enactment of tnese goods hetet.; eon-
' malaria; but, he trusted it would appear, that these
goeds.were only a small present, left in his care by
the Captain of another vessel, to be mitre's, no the
first opportunity, to the American Voastil at St.
Michael's, and that he was blown out of ehe har-
bour there, before he could deliver it.
Robert Preston, Mate of t!'e driveled—.
that she war registered for sixty-three tons burden;
that she had got eightyeeevea boxes of (images on •
board, when she was blown out ; that she was fifty.
eight days endeavouring to gain St. Midaters, but
could not ; that they rau into Lisbon on the 3d of
February.. He then proved, after detaining the
Court for near two hours, looking over his log-sook,
that every exertion was made to repair thojthip, and
that she was not finished until the 12thissf April,
when she dropped down the River, to wait for a
wind.
On his cross-examination, he said, thoughoshe
was readyto sail on the 14th, and though the wind
was fair, yet she did not sail until the 22d, and he
could not give any reason for it. He then prayed.
that they had gone back to St. Michael's. *here,
not being able to get a cargo, they were obliged to
come to London in ballast.
Two other witnesses were called, who pro% ed
merely that they saw the workmen employed a!grar
the ship.
Serjeant BUT, for the Defendant, spoke at very
great length, resting his case entirely on the un-
necessary delay of the Plaintiff at Lisbon. A see%
demur of the Jury observed that that delay ruum4
have been occasioned by the Plaintiff's wanting
money to pay for the repairs ; and that he knew it
was the custom at Lisbon not to let a vessel it :r,
aced she could pay or give security for the a
contraifted by her.
Mr. Justice Cit•staire summed up the evideencill
and pointed out to the Jury the particular points Sir
their consideration.

The Jury retired, and in about a quarter of an
hour returned a verdict for the Defendant, not on
a,couut of his taking goods on board, but because
he delayed at Lisbon longer than was necessary.

SHOCKING ACCII)/Ll4 T.—A shocking accident
happened tta Wednesday, Ahtnit four o'clock, at
Woolwich : AS some men, employed on the Elabo-
rotary, were tilling a thirteen inch shell, supposed
to be on some new experiment ; in ramming the
shell, unfortunately it burst, and wounded seven of
the men employed, three mortally ; one of the three
died about an hour after he was taken home ; the
other two are not espeaed to survive the day, being
shockingly mangled.
During the night of Friday sennight, some *ban-
donedmiscreants broke into the stable of Mr. Josses*
PA Y 14 of Illiarten-en-thr.W4ter, and stole a
able mare, whizh, after taking a short distance ;ct
the premises, they tied to a tree, and thea cut it;
throat ! t !