The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-24 00:00:00

L4W INTELLIGENCE.

COURT OF CHANCERY. lawcoan's Iwwr

Fenn, Jinx" 23.

RYE HARBOUR.
spans AND OTHER, v. CLAUS hai 0111tRil,
HART stated, that this was a motion o,t the
part of the Defendants and fuer hundred lode-
trensieut lohalsitants of the town of Rye, to dissolve
an injunction granted to restrain them from pulliog
.onwri OP destroying a sluice, called Scott's Flout
The Plaintiffs were the Commissioners of
.site Harbour, and of Sewers; also Contrnis.ioneto
•.f the Witiiiihant Levels, its the comity of guises.
The Leariwd Counsel contended, that the Court
sad nut jurisdiction to onstain the injunction. fur, if
use Defendants destroyed the sluice, and if it was
an Ude," to the Plaintiffs, they had their remedy
by bringing an action of trespass in a Court of
Law. It had been stated to the Court when the
injunction was granted, that if the sluice was de.
streyed there would be laud of the setae of
70,0004. inundated from the waters of the river
li.other. The magnitude of the damage that might
to. dome he was litre would not have inductive anti-
c...lit on the Court to allow it to alter its usual
which was not to interfere or give relief
w•orn :t cnisld he ohtained in a Court of Law.
The LORD CHANCELLOR observed, he ilia not
:woe, with the doctrine laid down by the Learned
Loomed. for Liu" Court had interfered in cases of
claire where the property of individuals were ea-
... Tiered. It also granted an inj..netion in the case
Lord Byron. to restrain the Noble Lord from
ullarvisig the waters of his lakes from overflowing in
.uny other way but what was usual from time Mime.
• Muriel—at the same time the Court granted au
is. to try whether his Lordship had or bad not
altered the course of the waste waters.
I.lr. HART Raid. his clients did not deny the
right of the origival sluice gate, which was erected
in 1720. but they said that the present float sluice
was a nuisance, and they had a right to remove it,
The Learned Counsel, et considenthle length, -cots-
tenJed that the Court had not jurisdiction, and
that the injunction ought to he dissolved.
Mr. St;GDen followed on the same side.
'efir Arroastri-GawartaL, Counsel for the
Plaintiff., said, if Scott's flout sluice was a nui.,
*laic', it was in the power of the Defendants to
have hod indicted it as such. and a Jury would
have determined by their verdict whether it was or
This would have been the proper course to
have taken, instead of having served his clients as
they did with notice they would destroy it.
Mr. HART—" My clients will take au issue. if
Lis Lordship will grata it. to try the question of
nuisance, or no nuisance."
`Die Arroaney-Gstissarga I can have no
objection to that, on condition the injunction coo-
t:ones in force until the question is tried."
The LORD CnawcaLLoa—,, Let the anions.-
von continue, and take an issue to try whether
float sluice is a public nuisance; and if the
Jury should find it is. let them then -try whether
the sluice that was there before 1813 was or was
not a public 111 l 'sauce, and for the Learned Judge
*Do presides at the trial to endorse any special
Cis COMPINIiCep."

:Mr. HORN E. Counsel with the Attorney-General
—•' There to a pptition of those 400 independent
gtclenzen. inhabitants of Rye."
The LORD CHANCELLOR-4e Let it stand Over
tifit:l the result al the 'sone is known."

Ilia Lordship rose at half-past one o'clock, to
al trod a Cabinet Council relative to the Recorder's
Report of the consicts under sentence of death.

COURT Or COMMON PLEAS, GUILDHALL,
lanwr, JULY 23.

Sittrngs after Term
.before the CHIEF JUSTICE
and a Special Jury.

faI;NDERSON V.

Mr. Serjettut V•UCtlitti Matra the case to the
Jury. This waa'no action to recover gtmd. bring
Stir bunt for which the Defendant, an underwriter
at Lloyd's, had subscribed a policy of insurance,
'stetted by the •Plaisitiff, so insurance-broker, on
the brig retterabk. Copula Elliott, on a voyage
from Liverpool to the "trident coast of Africa and
the African Islands, during her stay there to trade.
Itiod, reload. &c. and during her return to the
Visited Kingdom. The 'Phtiestiff had Iseeti em.
pitsysd to get the policy dots by the owner 4f, the
iesse4 who resided at Liverpool, and he procured
OW Defendant to subscribe fur the one-sixteenth
shire of the value of the vessel, hiking the whole
st three thosimild two hundred poniols. The policy
svias eirtutez: ui the II di February, 1819, the
Pi ip .ailed the same mouth, and arrived sit the port
May—discharged her cargo, csoisistiug
prowipally of salt, and was del...Wed 011 that mist
(Hi:l4g in her homeward ratiiii of palm oil.
ki,:d dust, and elerh.lit's teeth, till October. She
.a.:eedrd from that to Prime* histod,-.4bence
ate sailed fur Liverpool, but iris :wrecked to Ja-
iiiiary. Ile understood the defence intended to be
art up was, that alteration** had teen introduced
into the policy alter its execution, without the con-
sent of the Defendant, which materially altered

111 e n.ture or it: sad thii4 therefore. he nus

bousid by it iu its altered state. Ma Counsel
would• contend, that by the original tel the
ship war not at liberty " to trade," but merely
go to nue port, load soother cargo, and return.—
Now the Jury would recollect that the bore Olen-

lion or an knots+ voyste implied barteribg and
trailing, without precise words to that effect. fie
• would admit, however, that the word■ " arid
bowie," bad been inserted in the policy after its es-
; but he should prove that the instrinni
sunk place the very day idler, with the consent or the
Plaintiff, and that lie wrote the Initials Of his mime
under U. On looking at the policy, therfe appeared
soother interlineatiori. Willi the Inner isiterlineation
the Instrument 1/111 thus, "filth liberty to load, unload,
said reload, sell, barter, and eschange goods, at all
or any 4f the places she i►ay call at, or proceed to."
The wordy interlined were " sell, barter, and ea-

cliJoge ;" but he should establish, by the testi-
tunny of another Gentleman, who underwrote the
iu.u►imce, that these last words had been intro-
dneed before the insurers pUt their names to the
policy; so that thi. aikrisliuto was to be put out of
testi, colibultraiiou as affecting the me►its of tlir
time—and err wet co/O&M they would ,se that