The Sun.
London, England, 1806-11-22 00:00:00

LAW REPORT.

COURT OF KING's BENCH, Nov. zr.

BARING V. DAY

In this case, which was an aQion to recover Vol.-
as a compensation for salvage of a Ship in distress,
and thePefendant paid about 10001. into Coon,
and a special case was reserved as.to the Plaintiff's
right to recover under the statute, 26 Geo. 11. c. r 9.
and .the.statutt 12 Ann, relative to the assistance to
.be.afforded to Ships in distress 5 -
The Court litAi that the provisiOns of those_very.
useful Aas, which give the parties a compensation
to be settled before three Magistrates, extend only to
cases where the Custoth--house Officer is not applied
to forhis .assistance, or where persons go to Ships
abandoned at sea, or assist in taking care of goods.
abandoned on the shore, and where there is no con-
tract between the parties, aud no application to the"
Custom-l-iouse Officer for assistance: They regretted
much. that there,was no MI which applied to this
case, where the person assisting in the salvage is
originally applied to.by the owner, and his compen-
sation arises out of an implied contract of work and
labour.. For, in, these cases, the party having a lien.
for his salvage, the owner is often compelled to pay
most exorbitantly., •

INGLIS V. KENSINGTON.

ThiS-cause came before the Court upon a writ of
error, from the Court of Com Mon Pleas: ' The ac-
tion was brought against the Undcrwritcys,• upon a
POlicy of Insuranm, upon the Spanish Ship He&or,
on a 'voyage from the Havannah to the Bahama
Islands. In liroseation- of ihis.voyage, the' Ship
struck upon some coral rocks, in the 'Gulpli of
Mexico, and was totally lost., The i'laintiffin this'
action was the agent of Don Juan Villers„ the
owner. _

P.'. appeared upon the trial that this Vessel was
laden with a large quantity of logwood, and ;4 s;cot)
dollars ; and; although she was the-property of an
alien enemy, and trading from an:enemy's port, yet,
by the King's Licence; this sort of traffic' was per;
milted to he carried on for the 'mutual .benefit. of
both countries. The action was twice tried by Spe-
cial Juries, and a verdict found for the Plaintiff upon •
each. A bill_ of exceptions Was tendered upon the
last and the case now came on to be beard
upon special argument.
Mr. MARRYATT, fur the Defendant, contended,
that the verdict should A.)e set -aside, upon-
grounds :---First, That the real Plaintiff, being an
alinn enemy, could not sustain an action in a British
Court of Justice :—SecOndly, that the memorandum
endorsed upon the Policy should either have had
the stamp of a new Policy, or should have been the
Subjed of a new Policy :—And thirdly, that there
was not sufficient proof of the licence granted by his
Majesty for carrying on such a trade. The Learned ,
Counsel, in ,support of these three points, cited
many learned authorities from the, books, and en-
tereci into a very long and' able argument.
On the other" hand, Mr. CARE, hi support of the
verdict, with his usual ability and *ruing, contend-
ed, that this trade, which was of the greatest benefit
and' advantage us our West India Possessions, was
.carried on by the King's Licenee. He sheaved, from
the first authorities, that His Majesty had- not only
a right to grant such a Licence, but -he might go
much farther, and, under particular circumstances,
relinquish his Belligerent rights ; and therefore he
considered,, that the Plaintiff, although. the Agent
of an Alien Enemy, could sustain his Action in an
English Court of Justice. Upon the other points he
argued with equal ability and learning; and con-
cluded by.ohserving, that the original question which
the Defendant went down-to tie, was not whether.
the Plaintiff could maintain his A. tion here; but tbe
Defendant contended,- that the ,ease of the Plaintiff
was all a fabrication, and there V.'as not that great
treasure on board that was stated; but haring failed
twice in his Calumnious defence; he' now hoped to
turn them found by his Bill of Exceptions.
After hearing. Mr. MARRYATT in reply,' -at ;,some
length, the Court, considering it a case of so much
importance, and as 'involving sOthany .other suits,
deterred their final judgment to a future day.
Mr. GARRaW applied for a rule to shew cause
why a certain Attorney should not answer the mat-
ters of an affidavit.—He stated; that a paper bad
been served, upon the person' oh whose behalf he
moved, purporting to be the copy of sa• writ, for
which this Attorney had charged him 21. lOs. costs;
and ss. for the service. Upon searching the proper
office, however, it was found, that no such writ
bad ever been issued. If such pra&ices, 'he ob-
vrved, were to be allowed, the mischief would be
incalculable.. _

The Court granted a rule to spew cause.

COURT OF COMMON PLEAS, Nov. 21.

SMYTH V. DEMPSTER.

This "was an action_ brought by the Plaiptiff to re-
cover the sum of 181.. due for accommodating ,the Defendant with stabling and chaise-house at several
times in.the.cOurSe of two years,
Mr: Serjeaiit BEST aiwliki for 'a plea in abate-
ment, which, 'though en unusual mode,, yet he
trusted the Court would 'comply with, on hearing
the merits of .the case.--The :Learned Serjeant
then read hiS client's affidavit, which stated, that
the Plaintiff was a Livery Stable-keeper, in Black-
friars Road, and the Defendant a Schoolmaster
in Surrey, to whOm the Plaintiff owed, at one
time, 381. 145. for boarding, lodging, and• edu-
cating his son, of Which he received eol. Hay-,
ing. applied for the remainder; the Plaintiff told
him, that he, the Defendant,- 'was in his debt
more than the amount of the balance. The De-
fendant then requeSted that he might be furnished
with his acccunt, whiCh was delerrod,at that time;
tr,,d often Since applied for an account, but to
no purpose. At last, the Pliintiffsaid that he would
tiot'preduce any account, but proceed to bring au
86tie') against him, which he a 6 ually did. Udder
these circumstances, from which the Court would
perceive the real objet of the claintiff, .namely; to -
tiarass the Defendant, he trusted their Lordillips
-o,pultl enable him to relieve' his Client from the dif-
ficulty in whidt ha was placed. •
sie T 4 ips M.iNsplEts considered the case of the
Defendant a very great harc.)4ip, and felt disposed

I

PRICE OP
Y ESTE
Bank Stock, 2,r3:1 2r2 213
Navy 5 per Cent. 96
5 per Cent. 1797,
Irish 5 per Cent.
4 per Cent.- 79 :14
3 per Cent. Red. or
per cent. Con. 6 T
L. A:7n. T 77. toms
•
Ditto Short Ann.

HIGH WATER AT LON
It(

Morning; 37 min. after tz.

-MON
Morning,-2S min. after i.