The Sun.
London, England, 1855-11-16 00:00:00

BANKING DE:

Proprietors' capital .. 14,553,000
Rest . .. 3,208,633
Public deposit (in-
cluding Exchequer,
Commissioners of
National Debt, Say-
ing's Banks, and

Dividend AeCoants3 3,405,358
Other deposits ...... 11,166,069
Seven Day and other
13111 s .......... . 942,750

£33;475,760

Dated the 15th day of Nov., is

AVERAGE PRICE OF SD GAR.
The Average Price of Brown or Muscovado Sugar, com-
puted from the returns made in the week ending Nov. 13,
1855. exclusive of the Duties of Customs paid or payable
thereon, on the importation thereof into Great Britain :
From the British Possessions in America 4Bs. Bid.
Muscovado, the produce of the Mauritius
Muscovado, the produce of the East Indies
Average of the three foregoing descriptions

(COURSE OF EXCHANGE.-THIS DAT.
Amsterdam ............ 11 17% , Gibraltar •• • • ....
Ditto, three months .. 12 0 I Leghorn .... •••
• • 30 15
Rotterdam ............ 12 014 Genoa ...... .........• 25 80
Antwerp ..... ......... 25 623 Milan
Brussels ...••• ........ 25 62N Venice .... •• •• -
Ramburgh ............ 13 103 ' Naples •• • • ....
Altona • • ........... I Palermo ......• 132%
Paris-- • • • .... 25 40 Messina ... .•• 132%
• Ditto, three months ~ 25 77% Lisbon ...... •• •• 524.
Marseilles • • ...... 25 80 ! Oporto .........• .• •• • • 53%
Bourdeaux ............ Rio Janeiro ....
Frankfort-on Maine .• .. 120% Buenos Ayres-- .• .. Berlin •• • • New York,6o days' sight
Vienna ..... ........ 11 36 Philadelphia ........
Trieste.. ••• 11 38 PRICES OP lIILLICN, PER oz.
Petersburg 34 14 Foreign Gold in Bars £3 17 9
Madrid • • ..., 49% Portugal Gold Coin •• 00 0
Cadiz ........ • • ..... 49% Mexican Dollars .... 00 0
Barcelona New Dollars ...... 00 0
Seville. .... • • Silver In bars ...... 00 0

LAW INTELLIGENCE.—Nov. 15.

COURT OF QUEEN'S BENCH.
POWELL AND OTHERS. V HYDE.—INSURANCE OF VESSELS
DURING WAR. —IMPORTANT JUDGMENT.
This was an action on a policy of insurance, dated
the 25th of March, 1854, for 2,5001. on goods in a ves-
sel called The Bedlington, sailing from Galatz to Lon-
don. The policy contained an insurance against the
usual risks, but the underwriters bad introduced the
exception " free from capture and seizure, and the con-
sequences of any attempt thereon." It appeared that
the vessel sailed from Galata on the 17th of March, and
on the 19th arrived at the month of the Ismail, on either
bank of which was a Turkishand Russian fort then firing
at each other. The vessel, with English colours flying,
passed between the forts, but when half a mile lower
down was fired into by the Russian fort. She dropped
her anchor, but the Russians continued the firing until
she sunk. The crew, consisting of 18 Englishmen and
three Greeks, took to the boats, but were captured and
taken prisoners to Ismail, where they were detained for
six weeks, and then set at liberty. The Russian officer
said that the vessel had been fired into under a mistake,
as they believed she was Turkish. War between Turkey
and Russia, but not between Russia and England, had
been declared at the time a vessel called the Henry
Coates, also under English colours, bad been hailed by
the fort and anchored, when she was boarded by the
Russians, who kept her crew prisoners for 15 days. At
the trial a verdict was taken for the plaintiffs, with
liberty to the defendant to move to enter the verdict, if 18
the court shonld bo of opinion that the words " free at
from capture and seizure, and the consequences of any
attempt thereon," in the policy, was an exception, which ,
4;(0)
protected the underwriters under the circumstances as
proved. The rule was obtained by Sir F. Thesiger dur-
20
ing the present term. 20
Lord Campbell, in delivering judgment, said be was 100
was of opinion that in this case the defendant was entitled 25
25 to the judgment of the Court. The defendant, but for
the exception, "free from capture and seizure, and the 100
consequences of any attempt thereon," would be, prima
facie, liable, and the Court was called upon the first 122
time to put a legal construction on these words. He was 2O
of opinion that they were not confined to legal capture,
but extended to any capture or seizure whereby ihe ship 5
would have been lost, destroyed, or damaged. He 5
thought such was the meaning of the exception, not only 20
according to the literal construction of the words, but
according to the intention of the parties. They must 4
understand it that the underwriters, foreseeing the perils 10/
that were likely to occur in the Danube, took care they
excepted themselves from such perils. But it was said 20i
there must hare been a lawful capture to make the ex- "
ception binding. He was not prepared to say that the
conduct of the Russians in bringing the vessel to was un- too
lawful, for England at that time was a neutral, and IA)wo
Russia had a belligerent right to search all neutral vessels
for contraband of war. But he did not give his decision 2W
on that ground alone. He thought that, even if the cap- 100
ture were illegal and in violation of the rights of nations,
the exception would hold good. It was said that the ob- 20
ject of the Russians was to destroy the vessel and send 1(0) her to the bottom. He thought the fair inference from
the evidence was that they intended to seize the ship. 2
0
They did accomplish that object, for be was clearly of 204
opinion that, from the moment the crew forsook the 3110.
vessel, and she was at the mercy of the Russians, she
~e)
was taken just as much as if the Russians had boarded
and had taken manual possession of her. It appeared 10
to him that there had not only been an attempt at -
seizure, but an actual seizure, and whether that seizure 20
ewes lawful or unlawful, the vessel was destroyed from the 21)
ffpetcetdo
bf
ythteheseizure,underwriters, an d fro from tnhda, t
therefore,
fo itr hade,t h
ebeen e x
under-
writers were Justice
lee
not liable,
Coleridge and -'Sr,. Justice Wightman
ce
10
e
Mr, •
10
concurred.
20
Judgment for the defendant. 20

examinations
the meeting of
ROYAL COLLEGE OF SURGRONS.—The
Jemen having undergone the ne following-,i gen'
were admitted licentiates in mitiefeeeareryase.aart.-
the board on the 13th inst. :—.
Bennett, Wilton, near Salisbury ; johnh°maa Jarvis
Roe, Shoreham, Sussex ; John Witter D 1 Ithingt"
rsal, Lead •
bury, Berkshire • William Carr, GoreY and' New-
Francis Henry Wilson Iles, Louth, Lincolnshire ; B 8 '
jarnin William Hall, army ; Charles Albert 'Ben.
Kingston-Bagpuze • James Keess, Madras • Edward
Gylles Crooke, Chorley, Lancashire ; and George
Augustus Fulcher, Great Thurlow, Suffolk.
GRAND JURY PRESENTMENTS IN PIELANn.-4 ,
turn, ordered by the House of Commons to be printed
last August, shows that the net amount of presentments
made by the grand juries of the several counties, cities, -
and towns of Ireland in the year 1854, amounted to the
sum of 913,3631., including the following items, viz. : i
76,025/. for new bridges, roads, pipes, gullets, quay 11
walls, &c. ; 367,4491, for the repairs of the same ; 40
3,109/. for the erection or repairs of court or session- 50
house ; 5,828/, for the building or repairing of goals, 25
bridewell, and houses of correction ; 92,231/. for all
35 489/ prison
and
20
other bridewell expenses (including salaries) ; 100
, .for police and police establishments ; 102,063.1. 100
for the salaries of county officers ; 56,1611. for public 100
charities • 111 17239/661fer repayment of advances to Go- 20
stance on Wednesdaiitt, f"
vernment'; and
Ann-HALLow i
of all descriptions, with
yesterday. Best
down from Tuesda yvi hi descriptionsle t
r miscellaneous purposes.
The number of cattle on the
iythwoul be aboutcomposed 20
20
h aw would
smaller e full
sorts
lrytasopfe recante.
ionsn7
several
per cent. doawn, with every appearance of 00
thlearludnsoild
immense number of High-
will be 7 to 10
laanvderyanhdeairyishffit
Tr' ueo on the inferior kinds. 20
120
loty,Refrthree-year-old short- 25
10 per cent. down from
t.nowe, at 141, 193.,
Highland cattle will be 50
Mr. Swan, salesman, sold a."n
dieorrl at 14/. ; a lot of 100
eiiat 18/. 183.• 10
horn bullocks to Mr. Murry
and another lot of the same descri
four-year olds t) Mr. Calder Tani)
a lot of etirks at 71., to Mr. Rintour
another lot at 71.; a lot of half-bred'lamrgashitre' anrd 5
Hill, Leckerstone, at 17s, ad. a-piece, and 400 toe'
1O(
sales- faced ewes at 10/, per clad score. Several other
.;7
men sold at similar prices, but in some instances not so 25
' '''''
extensive,--No. a Boiti44 Daily Mail.

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