The Sun.
London, England, 1837-06-08 00:00:00

COURT OF COMMON PLEAS, JUNE 7.

THE EAST INDIA COMPANY V. BAKER.
This was a special case, which was submitted to the
Court for their judgment, and which merely raised the dry
question whether certain clauses in a variety of Acts of
Parliament gave to the East India Company a claim against
the East India Dock Company, of which the defendant was
secretary, for a return of 4s. per ton upon vessels loaded
outwards after having performed six -.oyages. It appeared
that the 43d Geo. II 1., and other Acts of Parliament, gave
to the East India Dock Company certain dues upon vessels,
proportioned to the number of voyages which they had
made, but provided that at the termination of the regular
number of voyages (which then was six) there should be a
return of 4s. per ton to the East India Company. A sub-
sequent Act had provided that a return should be made
after the last voyage, and the question now arose whether
the defendants were liable to those charges after the sixth
or after the last voyage.
Ti►e COURT were of opinion that, according to their just
construction, the dues could not be claimed until after the
last voyage. They must, therefore, give judgment for the
defendant.

COURT OF EXCHEQUER, Juivie 7.
SIR J. SMITH V. DAY AND ANOTHER, EXECUTORS.

This was an action brought by the plaintiff upon an in-
demnity bond againt the payment of rent, given to him
by the late Sir Henry Franaagan, the defendant's testator.
No breach had taken place during the testator's lifetime,
nor for fifteen s cars after his death. The executors, who
were also the trustees, had in the meanwhile paid all the
speciality arid simple contract debts of the testator which
had come to their knowledge, and invested the residue in
the public funds, and in mortgages, for the benefit of the
residuary legatees under the testator's will, but in their
own names. Of the existence of the outstanding indemnity
bonds in the hands of the plaintiff the executors appeared
to be ignorant until a breach took place, fifteen years
after the testator's death, in consequence of a distress by
the original lessee upon the premises which plaintiff held
as azsignee of the testator. Notice was then given, and
an action brought to recover the penalty. The facts were
then stated in a special case, which was argued last Term.

Lord ABINGER. C. 8., this day delivered the judgment
of the Court. After stating the facts, he said that the
judgment of the Court was in favour of the plaintiff.

ADMIRALTY COUR7, JuArm 7.

THE FUNCHAL.

This is a suit for salvage, promoted by some sea-
men against the owners and crew of the Funchal, a
Portuguese ship of 70 tons burthen, bound from Hamburg
to London. The vessel had got on some sands on the 17th
of March last, and the alleged salvors having gone off to
her assistance, succeeded in steering until she obtained a
s4fe anchorage off the Nore Light. A tender of .50/.
had been made by the owners. The Court, after bear-
ing Counsel, considered that the services were only those
of steerage, and that the tender ought to have been ac-
cepted. The Court accordingly dismissed the claim of the
parties proceeding, each paying their own costs.