The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-07 00:00:00

COURT OF KING'S BENCH, SATURDAY, Maaca 5.

eannaCi• v. !LIME.
This was an action of consider:lila importance, as it iavolved
tke nuestion whetlizz Captains in the BrJosiah Nary, transporting
bullion or specie for individuals in st.ips of war, by permission
of Government, and receiving a commission for such conveyance,
are responsible for the loss of such property confided to their care.
'lit appeared that the English frigate Hyperion, commanded by the
defendant, was stationed, HMO, off the port of Cil!ao, in Peru.
'Captain Earle obtained the permission of the Peruviar. Government
•• ratorivocai board of his venal bullion and specie to be conveyed
to England on account of individual proprietors. He immedi-
ately had bills pinged and posted up at the principal places of re..
sort at Lima, stating that the British frigate Hyperion was-ready
to receive bullion or money to be conveyed to England ; and that
his agent, Don Jos. Arisitiondi, residing at the how* of the
Phillippine Company, was appointed to receive such property. and
to ship it on board the frigate. Signor Sarraos, a wealthy ma-
'chant of Lima, whose property had been materially injured by the
conflicts of Peru, was desirous of availing himself of this
opportunity to convoy the wreck of his fortune to England. He
accord;ngly deposited in the hands of Don Arismoodi fifty thou-
sand dollars to be shipped on board of the Hyperion, and be aim,
delivered to that person six thousand dollars in addition, for the
.purpose of paying the export duties and charges incidental to ship-
ping the money. Captain Seek, upon arrtrtr.g at Portsmouth,
transmitted to the flank all the pinperty he bad brought from
Pero. and this agents of those who bad made the shipments, or the
proprietors themselves. received their impactive proportions from
she It ink upon their producing their bills of la-ling. The agent
of Signer Samoa, upon applying at the Bank for the 10,000 fl-
ier, for which Arismimdi had given a bill of lading as a receipt.
fount that no such sum had been entered is the ship's manifest,
or bad been transmitted to the Bank by Capt. Serie. In conse-
quence of this, a Bill in Enmity was filed against that Gentleman ;
hut pending the suit, Signor Samos, who was eighty .fear years of
oge, died, end his son, the plaintiff', was obliged to come over to
Dsbuid, and bad brougl-t toe present action. Evidence was sow

given to prove the truth of the preceding statements, and by
, which it appeared that Don Arinnondi, in shipping the property
in the Hyperion, had materially defrauded the Peruvian Govern-
ment of the export duty of 15 per cent., and had also kept back
the whole of the linty thonmnd dollars in question, omitting all
tntry of that rum in the manifest, and totally concealing the 1
transaction fmm the defendant. 1
The Couar held die case to be a simple case of agency, and
the plaintiff not being able to prove the employment of Dan firis-
mondt by the defendant, or that the defenliast had authorised the
piloting or the posting of the bills at Liao, or had authorised
Arismondi, acting m agent for the shipment of the property, the
Court directed the plaintiff to be Nonsnitsd.
TIM TOBACCO strantazzas coatrawr is. IVOODIMPTC.
This was an action for the breach of remain bve-laws of the
Tobacco-pipe Makers' Company of England and Wales, of which
the defendant is a member.
The ATTORIZT-OBNIIIIAL (with whom was Mr. Gun WET
and Mr. F. Potcocz) stated the plaintiff's case. Sir Walter Ra-
leigh on his return from Anselisa, having for the first time intro-
ducedamesiV
tobacco into this country, it brume a fashionable
habit, dad ems eke to the trade of tobacco-pipe
making.m=i mmileeted the
.pleture of Slr Walter Ra-
llis* his masking his pips, and one of his servants
emaing and themilageeesepaila of wait upon him, conceiving
Warms so be on Are. ih deemigas at James I. a charter of in-
mepeattelos was granted aa a aseagimp off puma skilled in the art
af asekkag pipet. with pawn is make bysisaa for the govern-
ment of disk members. lime defect. being hand in that charter,
a new am wasgramed by Charles 11. In 171/8 that charter and
semusi ohm smaimonts were destroyed by a fire which happened
in the hoeseaf the sleek of the Company. Since then the Company
remained lememented. la ISIS, the existing members petitioned
the Crown so past poems st them to make bye -laws, and authority
war yeeinsatamn ter dim flume. The defendant had signed
that blame a number of the Company, and actually
si the bynames. About hoe years since a new set of bye-laws
was formed, to which the defendant became • party. Having been
elected renter warden, he refused to exercise the office, and wholly
absented himself, whereby he forfeited certain fines, and became
indebted to the Company for quarterage, for which this action was
brought. It was understood that the defendant now meant to say,
that as the charter had never been accepted, the plaintiff 4 had no
anthority to maintain this action ; but that objection, supposing it
to have foundation, did not lie in the month of the defendant, who
bad become a member, had signed the bye.laws, and made him-
self in every respect a party to the proceeding of the Corporation.
Evidence was then gone into in support of the case.
kr. Al ARRYATT and Mr.thcoast, kir the defendant, contended
that there was no sufficient evidence that the charter had been ac-
cepted. The charter professed to bind all pipe-makers and their
apprentices, &c. It was necessary therefore to show that the char-
ter had been accepted, at least, by a majority of the trade.
The Lots CHIZI, Ater ten was of opinion that no such evi-
dence was requisite. If such an objection was to prevail, it might
affect every trading company in the city of London. tAt all events
the objection did not lie in the mouth of the defendant, who had
become &member of the Company, signed its bye-lasis, &c. He
would, however. reserve the point.—The Jury found a verdict for
the plaintiff's, subject to a special case stating the facts.