The National Register.
London, England, 1821-01-22 00:00:00

SLAIGIaON V. SERGISON.

-• ---"4-"are...r......,........... ~ .. .
."- • - -e- ,_ .
- .-1141ra' • - 'A..L..
- . ).-- -r- .- : r "-•--

Mr. Hart askid tile Lo.ll Lhasa raw-, if the Learned
Judge nau hit ti the issue had sett is copy ol los notes. It.s
t.oitiship said, lost he lad out eeceived Wein, uut that he
expected thew at au earl) pitied.
'Fite reinaluder of the tumuli% was occupied in a t) I lie
case of Ito inlet e►i except to the luu ties.
COURI' Of COMMON I'LLAS,, JAN. 16.
SPECIAL JUNY.—HUU.•vN ♦NU CO. V. ALEictIoLIE.

This action wat. brought to recover a loss sust.oned by it
miniver or oil the part of the drtuwiaot. Au
agrecineist w win o% had been made beiareo the delen.
dant on our part, and tile plaintiffs on the other. The M-
elaratims staicU, tisat the said agree meat oils entered tutu
loch tile defendant unites took to convey in the brig
Hope a cargo of whir, tit the salon of blJv,l. to Ittu de Ja-
twuro; that the ship siolcti from LIVIIIII/U1 iuJ.maary, 11614,
and at Fay el took uu iruard tile wine o Inch was to be earl led
by the detendant fleet,' ding to &gem-mem, tar cargo sold,
and lam ea., I emitted 1.0111 Iti . J mach o ti the plaint its.—
The hist breach was that the Captain, on ills arrival at Rio
de Jam leo did not deliver any ;null)! the . argu, hut after
sailing limn fay al landed port oh it at Pernambur u, where
it will sold The next breach was that the vevsel was fiat
lit for the voyage, but. was without bouts and rigging,
and iullcted to be lea ei, damaged, and out of repair. 'file
crew was also dest• Med to he unskilful, and incapable of
managing the Ics el. _ _

Setts. ut tile witnesses for the plaintillS, particularly
Capt. Robertson, of the l't iud> Mese, Captain Ilellis, of
the lio)al Navy, awl Captain Falu aid', gave their 01/1111 ~,,
of the log ut the //sii c, that the Cuptuia had steered ail
im-
propercnatse which biouAlit i4llll 11110 ditilculties, and led to
toe aloha (UUCP 01 the vi, age.
On the pact of the defendant several Clll/1.1 • 111,0 slated,
111111 the course steered b) the Captain was a proper course.
Is was alto given in evidence, that the Csiptiiin applied to
the British Consul at Pernambuco to raise stones before lie
disposed of Ihe a sue, and was told that the Coosal never eu-
gii,ed in mercantile trails:sellout. Toe Captain was refer-
red to the house of Lindsay and Co. but failed in his appli-
cation to those parties. Ile uas then compelled to sell pail
of the cargo to pay fur repairs. V 1 hen he curried the rest
of tiie wisie to Rio de Janeiro, it proved to be such as the
Portuguese would not di ink, and he could find no sale Inc It.

'rue Jury found tr veithet tur the plasutill3—lluusages
8,1581.

This cause occupied the whole of the day.
FiIIDAI3, JAN. 19.
INJUNCTION.—THE FINE ARTS.
MUDIE'S NATIONAL MEDALS.

JAMEE IiCUIE C, EDWARD TIIUMASUNI3 C. JONES.
Mr.llart stated, this was a motion for an nijunction
to restrain the deletidants front using the dies or the
and from disposing and exhidiiing medals
struck hum the by them, without the permission of
the plaintiff. 11: tinned this under an Act of Parlia-
ment passed in the reign 0; the late King, for the better
protection m the hoe arts. It appeared that the platntill
some time protons to the year 1616, Maki wok to tuna
all additional stlies of uodals, to record the principal
events 01 the late war, soil to contain the bUstw cite hrst
tpperson seanitictiee. Tile plaintiff employed tite.de-
.ol(l.mb, %%Ito ale medal inanutacturers at B
0 IliJllULlCttlfe the medals, and the platmlll delivered
them set eral dies, fro.n which they were to be struclt„
which were deposited in a box secured by a lock and
key, with an understanding that the dies should be kept
locked up. except whilst to use for striking elf medals
ibr the platthiti when ordered by him. In 1820 the
defendants caused a large ornamental shield to be exe-
cuted, and had 21 hall medals struck from the plaintiff's
dies, and decorated the shield mood the bunter with
diem without the knowledge or consent of the plaintiff ;
the defendants advertised the bhield in the Braish Press
oil Inc 10th and 13th November, 1820, and in other
newspapers, setting forth that it was designed by the
de;enuant Thomason; that the border was composed of
21 stellatcd compliments, and contained the cele-
Orated victories in histortcal sliccession. 110111 the land-
ing of the British army in Portugal 10 tare capture of
Pant., and the Btionaparie at SI. /JANIS, wIIICII
,tie pl.lllltlil Cildftl,cti to Ur amuck fr his dies.
Tile Lord Citaticedur ouseaved, as we defendants
were einploycd by the platutd to itiatitnacture the me-
dals for hint alone, and the fact of their having menu-

-

&enured some not ordered by him. was sufficient ground
Of grAtititig the injnoiction.—lnjunction pawed.

COMNIISSARY COURT, EDINBURGH.

Lunt) aItSILINE V. LADY FIu:KINK.
On Friday, the 2911 i Heceinher, an action of divorce, at
the instance of Lord Erskine against Lady Erskine, his
wife, far adultery, alleged to have been co ttttt lined in Eng-
land, was finally disposed of by the Commissary Conti of
Edinburgh.
In ileteneC against this action, Lady Erskine had
pleaded that she was not ainenahl:• t r the jurisdiction,
because she had never been in Scotland but for a few
hours when she was married to the putsnet• at Gretna,and
because the true and proper domicile of both parties had,
since their marriage as well as for many years before,
been exclusively in England, where alone they had a fixed
residence, home, and establishment, although Lord Er-
Skille illindell was by hints a Scotsman, and hail been on a
visit in Scotland a short time previous to the date of his
action. Her Ladyship also positively denied the truth of
the accusation.
Upon the other hand, Lord Erskine, in his condescen-
sion, alleged that lie had resided in Edinburgh for the
space of forty days previous to the date of the action,
which residence, hr contended, was by law a sufficient
domicile ; but lie did not deity that his iternianctit resi-
dence and establishment, and the home of both patties,
were in England, where Lady Erskine had always re-
mained dining her roves titre.
At the close of the debate, Lord Erskine, in a
lodged by Il i iii spontaneously staled that Lady Eiskine
had for some time been nude' eestraiiit while lie was iu
Scotland; but no such ciocilinstance hail hers alleged in
founded upon by her. His Lordship did slot, however,
deny in any respect Lady Erskitie's allegations, that, as
at the date of the acuuu, the true and proper domicile of
both parties, by the law of which the succession to the
personal estate of either would have been governed, iu
Cave Or dying intestate, was ill Ellg.lllld : and, finding her
objectiun to the jutisdicnonot the grounds to be seriously
9 aintanted, ilis I,ol.llSilill, ill his minute, a proprio molts,
stated that he should abandon this suit, and in/intone a
new one in the English Cow:win ial C.IIIIt. Lady Erskine
was, thereto. c, of consent, assuilzied with expenses.

c,' ' ;.