The British Press; or, Morning Literary Advertiser.
London, England, 1809-01-07 00:00:00

of which.reaelted Montrose on the 12th or 13th of
tt wen appeared troni the Sound List,
that the LinMa had felt Rostock, and had palest
the: Sound on the 13th of December; but this
fact 5!.,l not appear to he known to the owner at the
time tie insurance was dune; on the rontsary,
the " tiener,il Slipping and Commercial List,"
dated .2601 licel.1111)Vr, 1403, published in London,
winos as,. use last reccited at Montrose, the Sound
List was given doss, to the 13th of that mouth,
hist no mention teas mole in it of the Union. Se.
elapsed after tits annul of the
Itaisiburgli test' t any tidings of Ist:r, it
was presuased that she liatl foundered tit sea on her
Iwuunvard iii.osa!:,e, and that all on bu:ud had pe-
rished. Ott sir, in consequence, applied to
the Unilere, liters hq.lwiyirwist ul Use milli illatiled,
but they I.mio;, start( .1 some objections to this, a
case was prupine.l. continuing the letters of corres-
pondence as to lII.' 111:1Lin g of the insurance. and
the objection% of the lessors:vs, and laid before the
Underwriters, at Lloyd's, a lea gate an opinion, that
the oliketions were test good. On this Mr. Mustard
again demanded payment; bat this Iwitig refused,
and also au offer to submit the mama- deetisiist, he
brought an action against the iii.oirers, before the
Judge Admiral, to recover the sultana of the tutu
'toured.
In defence of that action it was stated, Ist,
That Mr. Hill's letteroweteriug the inmirosesee,
feted materially Erwin Captain Crow's letter of 911.
December, to the owner. eel ly, That the ship was
stated in the order for insurance, as not having
passed the Semed on the whereas she had
passed ou the ; Ali, according to Lloyd's Shipping
List. 3elly. That if it had been known the vessel
was clear for sea when Captain Crow's letter was
written, she would have (seen considered a missing
*hip at the date Oliiisurance, and a higher pre-
iniutn, of roarer. *mad have bee. exected.-r--
eddy, That Captain Urreft, of the Enterprise,
was at the Seen& along with the and had
arrived at Montrose on the nth January. the clay
before tie insurance was made; whence it was in-
ferred, that the punnet must have receive(' infor-
mation by that rip respecting the Union, which he
concealed at tuakiug the iiesuronce.
Iti answering the first of these defence's, the pur-
suer stated, that there was in effect no ditiereliet.
betwixt Capt. Crow's letter and that of Jlr. 1111.—
The Captain Meted, that he was " clear to go
out to t..e roads, to take in the latter pert of his
cargo." These words by no atrium implied, us
the defenders maintaissed, that the 01111thill " was
reedy to soil at the time it was written ;" but. on
the contrary, that he would not soil mod his cargo
was completed. In strict conformity to the im-
port of the Captain's words, Mr. Hid wrote Ins
constituent that the master of the vessel "
wits
loading his cargo for Newcastle, and would read
how soon he could." As to the second defence,
Mr. Hill's' etter did not positively state it its a
fact, that the thief not being usentioned iu the
Sound List, that had reached Mootriese down to
that date, and also from the eiretonstatice, which
appeared very probable trout Captain Crow's letter,
that he M.ottitl be detained Isy the frost. Its the
third Place, the pursuer had no means of Limo-.
ing. when he effected the insorame, that the
vessel had pained the Sound at that time.—
The Underwriters themselves coal.; never have
diecovereal it from the Captain's letter. although
it had been in their possession. Their agent,
who read it, formed a quite contrary opinion, and
in this he was eontirineel by not seeing it mention-
ed in the Sound List of the 15th. that the liaiise
hail passed that Oder. It ass to be presumed
5140, that the defenders were in possession of a copy
s 1 this list, and that they would be elle front thence
to ascertain the fact themselves. %Vali regard to
she ails and lust defence, the pursuer averred, and
otkred to confirm his averment by oath, that he
hash tia communication with Captain Green, or his
rrew,rtioctly or indirectly, previous to ordering
the isiemrance. The Estterprise was not a Mont-
liiit a I lull sloop, stud as the pursuer neither
kne.v where she came from, nor whither hound,
her arrival could not interest him. Besides, al-
though Ice had known the Enterprise had come
f• wittier port its the Baltic ; yet, a, he fully be-
lieved at the time, on the authority of the Com-
mercial Shipping List. that the fittiun had not pass-
et! the Sound on the 13th December, he could
have sun motive to make any inquiry whatever.
Afterwards. imleed, which lie leurtied from more
census intelligence, that the ation and Enterprive
hail actually weed the Sound on the some day,
viz. Istli December, he did snake inquiry of Capt.
Greets creseerteing the (harm ; but the only lower
lie merit/en teas, dint Captain tercets neither saw
decreed of the Union simile; the passage.
The dueler Admiral, Mt the 11th January, ta',
derersten a:elitist the defenders, with 81. of ex-
peiiie-s. The cause was then removed. iuto this
Court to suspension, when, idles consielemble dis-
Vienna:l before Lord Arun:id:de, as Orelinery, he.
'toot) the ;ads February, Intro, aArnued the jUilg-
went of the jedge-Admiral. His Lordship. like-
wise, afterwards rtfused several representations for
the defenders, in coweecrence of which they peti-
tioned the Court, but, otionewers for the pursuer,
this petition was refused. A reclaiming petition
was then presented, which was also refused (First
Division) upon the title current.
The Court were not itimaisetoits in this case.
Some of their Lordships stated, that as all ionic-
awe* were bean fide contracts, the strictest goal
faith aught to he observed by the toadies. here
they considered the keeplug back of Crow's letter,
sin matter by whom. as • coueralinent, and there-
fore voiding the policy. Thome of their Lord.hips
who tisought differently, urvertheless expressed
considerable doubt upon the subject.
eostock I

.
Times of holding the Quarter Sessions for Suf-
folk, Norfolk, Es.ex, and Cambridgeshire :
Berrie*, Nina Jas. 9 Hull. Friday, ...... Jun te
IVoodbri4lo. ‘tritursday 1 i lrutelu4er, Monday 9
Ipswi4 le, mnday
Bury, \lua.l.ty
Treully lu fish. Tears, 'reisursday-
Nurtuil, 114.1newhey I t Mitt.. Cooney. frichy.... 13
1.1.141, locuoiLly ..... 17 Weelbeack't eesday...... eu
(hi Saturday moreing, the 24th ult. a fire broke
out, al.mit out o'clock. at die New filthier?
l)evou, which, with du. brewlim:se and sta-
ble adjoining, was entirely rowle turd. Tl.sit toett.d
I..tvevitrile bore Seeress, the property of ‘A..'t AM
%Val rt., Asa. Lurut to di alb.