The Sun.
London, England, 1806-03-08 00:00:00

ORDER OF THE CRESCEAT.

'The followinc, curious Document has not before
appeared in any'',Public Print :

(Tanslatod from the Turkish Original.)

A bstraB of the Public Act, or Firrnan, relating to the I nsti.,
tution (lithe Order of the Crescent, delivsered by the Porte
to Alexander Stratton, Esq. His Britannic Majesty's Mi-
- nister Plenipotentiary at Constaotinople, July 6, )Sot.

317:THE MOST MOH AND MIGHTY EMPEROR, SULTAN 1
SELIM TIE T/lIRD, &c.
Whereas an Order of Knighthood, termed the
Order of the Crescent, divided into classes, has been
instituted by his IMperial Majesty, the Grand Sig=
nior, for the express purpose Of conferring a token of
clistinCtion and app• thation on the British Officers,
Generals, and Commanders in Chief, who were
gaged in the late glorious War in Egypt ;
And' whereas the first Class of that Order is dis-
tinriished by 'a bade, consisting of a large star re-
presenting a half moon; and a .sun set in dimnends,
accompanied bya scarlet ribbon, with a medal htlar~
inm the Imperial 'Cypher, at the juu&ion of the two
which confers- the degree of Knighthood on
tkoose who are decorated with it •
Anawheres, in virtue of the perfeet regard' which
The Court of Great Britain professes:for the Ottoman
Empire, his most august Majesty the King has per- •
mitted the wearing/of the said Order in. his -doini-
'nions, and accepted all those who have received the
'Saint.; fr6m the Sublime Porte, as his Knight's ; it
i therefore hereby declared and engted, in token of
Cie sincere alliance and mutual affeaion existing be-
tweer.•the t'xo Courts, that the said:Order of the
Crescent shall be maintained for ever to theOffiCerS
of the British Court.' • • • .
That 'the same shall be limited to-so many persons
f.s it may. have been conferred upOn'Elv.,, Nyithotit any
• change to it at any time or epoch `wliarSoetrer. That
if upon a vacancy occurring by the death of any
indi-
vidual Knight, -the King- should think proper that-,
the Ribbon- , thus fallen vacant be given to, another,
.the Same to be conferred with the knowledge and
concurrence of the Sublime Porte. That in the like
'way as-the name and description of the Knight thus
created -will:be passed: in the registers of the Impe-
rial Chancery here; the same to be recorded in the
proper offices in England ; and this to be observed
'and adhered to as an invariable rule for ever. To
make known which, this present Note has been
written, and is transmitted to the Court of Great
Britain accordingly.—bated 1219, Rebuilpvvel 27.
Written with the Reis Effendi's own hand, as is
customary in acts. of this nature. S—.

The present.K nights of this Order, of the first class, are
Lord Nelson, Lord Hutchinson, Lord Keith, Earl of Elgin,
Earl of Cavan, Marquis Wellesley, Sir Eyre Coofe, Sir juhn
'Craddock, Sir -John Warren, Sir DOVidßOird, Sir John Stuart,
and Sir Bickford Bizkertoif

Yesterday, soon after one o'clock, a fire broke
out in the work-shop, of an organ7builder in South=
ampton-court, Tottenham-court-road, which threat-
ened destrualoh to the neighbourhood.. The shop,
was situated at the lo,l,ver cud of a close court iuha7
bited by working people ; and
.no sooner were the
flames discovered than the neighbourhood was in an
.uproar. Three houses, exclusive pf the work-shop,
were in flamea in a few minutes after:the fire was
discovered ; and,, from the nOrrowness of the court,
the numerous inhabitants had scarcely time to escape
the 'coaling-ration. A poor. woman who resided it
the c:.:nrt, andilA left a child of three years old at
arrived it the spot when her neighbours had
deserted their habitations, and the hofuse in which
'her child jay teas on fire. • The feelings of a mother
induce(l her to. fly to the child, 'Who, .on her ap-'
proaching- it,, teas enveloped in. flames. ,She,
ever, at the risk °flier life, extricated it, although
it Was dreadfully, scorched. The flames were gbt
under by three'd-clOck although the supply of water
..,was not Nei 'r plentiful. '.Four houses were demo-
The fire was occasioned by the boiling over
of a glue-pot while the workmen . belonging 'to the
shop Were at dinner.
.A bat er,residing in, High-street, Mary-le-bone,
. was yesterday fined 51. at Marlborough,-street, for
having alluM in his possession for thepurliose. of
adulterating bread.

LAW REPORT.

COURT OF KING's BENCH, GUILDIIALL, MARCH

HENRY TARKER AND OTHERS V. JAMES I%IAIZE.

The Plaintiffs are Assignees of Joseph Thomas,
the Defendant is an Underwriter. This was ansac-
tion on a policy of insurance on' the. Ship Hope,
Captain Dunbar, in the East Ipdia service. The.
amount insured by the London Policies on this ves-
sel was 23,5001. ;. 50 per cent. claimed upon this
amounted to 11,7501. which, with the. return of
premium of 17801. constituted a demand upon the
London Underwriters to the extent of 13,5301.-
The whole interest insured in Asia and Europe was
5,0001.

, Mr. GARROW said, that the Ship Hope was cap-
tured by the Squadron of Admiral Linois, and the
condition was, that if a competent insurance were
made in India to the reach of half the risk, the Un-
derwriters were to return a moiety of the premium,
and were only to be, liable to the perils, within the
terms of • the policy, for half the sums to which
they had subscribed their names. Under these cir-
cumstances the Plaintiff's brought this a&iou.
ME Boyce Coombe said, he was the Broker who
effided the insurance. He added, that the De-
fendant had full knowledge of the circumstances,
and that the notice of the assurance in India was
placarded in Lloyd's Coffee-house.
Mr. Sentance produced the Register, to shew,
that the Bankrupt, whom the Plaintiffs represented,
was the sole Owner of the Ship on the 6th of May,
1802.

The depositions of William Henry Dunbar, late
Captain, stated, that he was freighted out in. April,
1804 that on the 12th of August, 1805, •he sailed
from Calcutta for England ; and that on the 14th of
Oaober, about one o'clock in the afternoon, the
Hope struck her colour's to three vessels of the-Squa
dron of Linois.

Mr. PARKE, for the Defendant; observed, that the
Atsig-nees of Joseph Thomas, who were the Plaintiffs,
could only staid in the shoes of the person whom
.they represented ; and he meant to contend, that
Joseph Thomas could not have maintained- this ac-
tion, It appeared on the depositions, that Alexander
and Co. of Calcutta, were in faCt the real owners,
having a mortgage on the ship to-- Such at) extent,
that they obliged the Deponent to enter into an
'agreement to deliver
.the Ship, on its arrival in Eng-
land, to their own Agents, Porter, Redhead, and
Co. The Learned, Counsel said, he had in Court
the subscribing witnesses to the instrument,- wherein
Thomas assigned all his interest in the Ship to Alex-
ander and Co. Mr. PARKE adMitted that this sort
of assignment must be registered to render it valid.;
but the real question was, whether. the Assignees
of Thomas could themselves defeat such -an interest
as .he whom they represented had raised under. this
circumstance.

-Lord ELLENBOROUGH, .after some remarks on the
ease of Beatson and Mastaer, said,that he was quite
clear that the interest•continued. Here was a total
want of the conveyance which the law had declared
to be accessary.
There is another point which is
direacd inertly to the quantum. This. Insurance is
upon the 'Ship and F,refight. In the case just-alluded
to; it was held, whatever might be the law With
regia to th:, Ship itself, the Assignee was entitled
to the profits accrUing from the voyage.",
Lor ELLENBJHOUGH.--1-" The legal right follows
the legal ownership, and sitting 'here, I can take
notice.. only Of legal rights, T will not try equitable
questions, which are wholly foreign to the' jurisdie-
lion of this Court."

Mr. PARKE--." I must now request your Lord-
ship's attention to the subje& of the memorandum
attached to this policy. The only possible event iii
which the Indian Insurers were not to be liable to
pay, was, in case the insurances were to be made in
England, not bysthe order of Thomas, but under
the- instructions of Alexander. and Co. No such
„order fdr effecting the insurance here had been
given. by Alexander and Co. and ; therefore. the re-
presentatives of Thomas had then full remedy for
a total hiss against the Asiatic Adventurers. Though
a double insurance ,inay be effeded, and be vali!,
yet it cannot be so when all the parties have full
knowledge of the transaClions." •
Lord EI:LENBOROVGII—: "'Perhaps you do not
attend, at this moment, to the distinetion between
a double insurance and a re-insurance. A re-in-.
surance may be, insuring the.solvency of the Un-
derwriters, which is void. I wish you to shew
me a' case applicable to this ; whether I, having
an interest to the reach of 9.0,0001. may not insure
40,0001. ? A re-insurance may , be, where the
Underwriter. insures against his own•risk ; but
double insurance is, where a man:. doubles the
number of insurers upon his owniproperty. There
seems to have .been so Much legal ingenuity and
learning applied by the Counsel who haVe been
consulted in this cause, that they. have lost sight of
plti reasoning and common sense."
Mr. PARKE—" My Lord, 'I will suppose for a
moment that this is. unequivocally a double. in
; twenty Underwriters cover the whole loss;
in . such a .case' pan
.the assured proceed' against
forty ? It appears to me, that.the assured can take
but tWo courses, either to throw all the Underwriters
into 'what is called hotch-potch, in our old English
law, or proceed against one class of Underwriters,
'and leave the rest uninjured. There is yet another
difficulty, Which I conceive to be a competeA de.7.
fence. 'The orders to the Broker for' this insurance
were given by Messrs. Boehm and Taylor, and they
"direded; that it should be effeded to secure a claim
they themselves had vpon the Bankrupt, and there-
fore,this policy, previously to,bisfailnre, was, depo-
sited:in- their hands. If creditors were permitted
thus to insure, we should'have an infinity of specu-
lative interests, recognized, by the law, which would
be very- prejudicial to fair trade."
His Lordship having ruled' this objedion also
against the. Learned Counsel :for. the Defendant,
Mr: PARKE concluded—" The • only remaining
difficulty respeCts- the memorandum. In this docu-
ment it is said, that half the premium is to be riy.
'turned: .When a policy is cancelled, it is usual '
alloW half per cent.: this condition, therefore,
of the retort-'or half the premium, seems an absur-
dity and a cantradi&ion,-and of course void."
Lord EtLE,Nnoitou6n.---7" The Condition
.of,

the pretrlitin being returned, does not put an end
to the insurance. Here it only, means, that. the
Underwriter'in the respthi-ve countries shall,
..under
certain circumstances, receive the premintn and
incur the risk of.moieties.—Vcrdid for the Plaintiff,
3061.

MARSDEN AND OTHERS V. BLAIR AND OTHERS.

'This was an a6lion' for goods sold and delivered,
brought by the as4ignefs of one William Grayson, a
Bankrupt, to recover the value of a quantity of wheat
alledged to hiwe been sold to the Defendant by the
Bankrupt.
It appeared that the Plaintiff had • purchased a
quantity of corn from persons of the name of Wil-
son, Or which he was to give his bills- at two
months ; but the corn was not to be removed from
Wilson's warehouses, but to be sold again, .and
Wilson to have the benefit of the sale as the factor.
Soon after, the Bankrupt met one pf the Defendants
on the Corn. Exchange, and producing a sample, 'of-
fered the bulk to him for sale at a certain price, but
stipulated, that Wilson, in whose warehouse" the
commodity still remained; never having been , re-
moved, should have the benefit of the sale ; to this
the Defendant seemed to acquiesce, ,and Gidyson
soon after becoming Bankrupt, the a&ion was
broUght by his assignee s.
ELLENBououGH thought there was no colour
or foUndation in this case to sustain an a&ion, as for
goads sold arid deliVered ; the commodity never hav-
ing been removed from the pos-session of the eriginal
owner.

The Plaintiff was accordingly nonsuited.

COURT OF COMMON PLEAS, MARcu t.

TA.YLOIt V. I\I‘VICC.A.R.

This was an action on a Policy of Insurance; to
recover the, sum of 2001. from
.the Defendant, one
of the Underwriters of the Ship Draper.
Se: jeant SIIE'PHERD- , on the part of the Plaintiff,
stated; that, in the :month of April last, the-Ship
sailed froM Liverpool, being chartered. to proceed to
Waterford, from thence to Dublin, and back again.
When she had arrived off the coast of Wales, a vio-
lent storm cache on, and she was 'obliged to put into
a small bay in Caernarvanshire, at one side oof Holy-
head, where, being much damaged, she continued
for some 'time to refit. Oh going INm. thence, she
was again overtaken by a storm; -andm!yecked.
To prove this case, one of the 44orS, a young
-Welshman, was called. His hat was emblematically
adorned tvith
.an odoriferonsleek ; and. he seemed
desirous fo eNhibit it; that all might know the coun-
try he came from, and that he wore it in honour 'of
St. David's'Day. 'Poor Taffy need lint have taken
this precaution. To the first question put to him by.
Counsel, he made no answer, and looked quite
astonished : on a .repetition of the, question, he
looked at the Lord Chief Justice, and said—" 11147'
cannot speak English." The Court was entharrifsed
for a short time, as not one word of English could
begot from the witness, but hur cannot speak Eng-
lish." Mr. Bavin, a -Welsh 'Gentleman, pradising
at the Bar, at this time, by chance came into Court,
and being actplainted with the language of his coun-
try, kindly undertook to ad as an-intefpreter.
'Two or three witnesses were examined in this
way, froth whose testimony it appeared that the
Captain, on leaving Liverpool, had, taken three
passengers on board to land on the coast of Wales,
and had, in fad, originally intended to touch at
this port.

The LORD CHIEF JUSTICE, in summing up the
evidence, left it entirely to the .jury 'to consider
whether this were a deviation ? -and the Jury being
of opinion that it was, found a verdi for the De-
fendant.