The Sun.
London, England, 1801-03-06 00:00:00

L ATV REPORT.

CpUgT .OF,KING'sI3F.NcIii Ftr 23.
stirtriGs, BEFoar LORD KENION A?.t► A >rECIA

JURY IN IerSTMINITrk.-11A1.1

W, TAPPFNI) rl.O

THIS was an
,ACtion to recover compensation
in Damages. to the Plaintiff; whit is one.uf the
Corporation of Free Fishermen and Dredkermen
of Favershain, in the CoUniy of 'Kent, which is
an optima Borough by prescription, against the
Defendant's, who are other Freemen.of the same
Borough, for their having, as -it .was alledged,
illegally 'suspended the Plaintiff from the Free-
dom of the Borough, and, to which, the Plaintiff
had been afterwards 'restored by the peremptory
Mandamus' of the- Court of.'iTing's" Bench, and
this Aftion was for a compensation in hamages,
for what the'Plainiiiff lost in consequence of. that..
Suspension. Many.' objcaions' vac taken in
Pointof Law, after which it was at laSt settled,
there shoUld be ,aNerdiCt,for 'the Plaintiff, with
nominal Damages, the amoitnrof the .sum to be
afterwards ascertained by a Person to whom the
Question was to be referred; and., the other
Aaions,' there being ,several remaining,,,and de-
pending on the same point, tp abide the.event of
this Case, the. Defendants to he at liberty, to
move the Court for leave to enter up a Nonsuit,
upon any point that may appear defeaive, either
in the Record itself; or of the Evidence as ap,
plied to the Record. Verdi& fot the Plaintiff—
Damages, nominally, is.

GUILDHALL; LONDON,, MARCH 2.
TUBBS 1".. GILSON. -
Mr. GAS r I. v opened the Pleadings, from which
it appeared, that th4.was an AOion on a Policy
of insurance on the
,ship Franklin, warranted
American,, at .and from Liverpool to Naples; 4c.
The LeaclAng Coin* for 01,7,_YiiIiiiiifrobserved;
that chi§ A4ion:wils brought against the i:tefeo,
dant to recover i sot. the amount of his Silbsciip'-
iiim to a Policy of Insurance on. the ship Frank:..
lien, on a voyage from Liverpool to-Naples. This
ship had been purchased by Mr. :rubbs,..the.Plain.
tiff, who is a native of America; Of fwd persons,
a !so' Cit i z ens 'of America.' She Commenced her
voyage about the beginning of the Eitesent year,
aria-prosecuted it with all due dilience,, till she
was captured by two Privatecrs,"•under
.Spanish
and French e.olouts, who turned Out in 6EI .to' be
British Subjects, being' Jerieo,rien, and: who
brought thc,Franklin into that Island. This' ship
being thus piratically,seized, they thought proper
to libel her in The Court of Admiralty. She be-
ing thus detained under these circumstances; those
who were interested in 'the iirdlierty abandoned
her to the Underwritersi The (join:lse! said, he
was not aware there was any' gronlitrof defence.
They had paid money into Court geiietal. It
was suggested to hiiti they meant to ContOld,'the
Plaintiff was- not th proprietor of this ship,' and
that be was knot an Anierican.'
After this cause had proceededweeitain length,
Lord KSNYON said,• he was clearly of opinion,
as. the Franklin was ,at present libelled in" the
Court of Admiralty, that the Plaintiff•had a rikht
to abandon her to the:Underwriters.
There was another question ity this case—
Whether the Fraplclirt was/ inestiinatiOn
an
,American 4hip2. ,
On the part-of.the Pefendant,. 'vas contended,
that Mr. Tubbs,hati lived for years at I.4vcrpool,•
had married a Lady,t he daughter of a G6tleman
of high- consideration there, and that he was
'therefore, to all intents.aud purposes, a British
Subjed. . •
On the part of'the Plaintiff, they eleatlyprpi,'ed
Mr. 'TiibbS an Aincricari-Subied, 'so late' as the
year 1796 residing in the fitate•of Massachusetes;
and that his.father.tesided there gtpkeseni. •
Lord KEN'Yo:ti• observed, that' in the Eustatia
Cases, which weredeeided when-hie 'as Attorney.
General, •it ttias, held 'that, . w a man swas' do-
miciledin 3 Stitt.," carried oil trade there,and
added to the' Tower .and strength 'of "that. State,:
that for 'the purposes of 'capture, he Was, to
,be
.
considered as of•that State. •
The Cciuriscl.for the Plaintiff 'Said,' if he , had_
been aware that this was to have been a question,
he could 'have brought witnesses 'to 'prove the
Plaintiff' was an American SAO' so late as
year-and a half ago and -3S. iliac witnesses
not. then present, he must consent 'tto be. non
suited, till he should have,an-tiliivitiikiity of prnv o_
ducing onthe some future
monslett.ed. - s•

COURT OF CONINIoN PLEAS.
AlkOili, I OItD.ELIION At GUILDUAi•I•sFIi" 43.

JOHNiTO,4I A:isroTMER.

This Cause, from the principle, on which it
was decided, is of very considerable iglidttance
to the merchntite'world.- -

The Afton was brought to recover Foinewliat
above iBl. being the balance of a'veiy larie sum
paid for a quantity of Riga hemp: • Onhelialf of
the Defendants, it was contended, that 141. 7s:
of ,the•Sum•alledged tp •be due,- had been paid by
them for fees to the different Officers in iiis Ma-
icsiy%•Dotk:.yard at Woolwich, where the hemp
Was landed. , • -

Several Witnesscc were called, all of whom
allowed that these fees were considerably levy
than those paid at other wharfs, and the same ab
those generally paid at ,the wharf in question.
Lord ELDON' however, wished it to be aster.
tained, whether the fees so charged were such al
were authorized by the Commissioners, whose
duty it was to watch over the coridua of the in.
ferior 01ficers the bock-yard. He could cor.
ceive that in ihany cases it might relieve the bu._
dens of the public at large, without subjetirg
individuals, to inconvenience, that a part of tie
salary of officers in, public situations should ye
composed of fees, in addition-to the sum fix,ed fir
their subsistenae. it was, however, his dur: