The Sun.
London, England, 1801-09-01 00:00:00

I

KENT ASSIZES.

MAIDSTpNE, TuLy 28:

RUSSEL•'V. FARLEY.

SAI.VM.; E.

Mr. GARRow saia, the Plaintiff this anion
was the widow' of one :of those men wh6 made it
their business to go off iniboats. to the assistance Of
,ships in distress., It • had barpened- that a vessel
coming into Dover, .met ,vi:h an accideiit which
rendered it necessary for the boats to go off; the
one :he Plaintiff's husband was in unhappily never
reached the ship, in consequence of the violertee of
the weather and the tempestuousness of .the sea. He
lost his life in the humane attempt to 'rescue others
from danger.- There was another person who form-
ed part of the same expedition, and had nearly
shared the same fate, but, he escaped with the frac-
ture of some of bones. An action similar to the'
. resent one was pending, at the suit .of that Plain-
tiff against the.-Delendant, and would he tried im-
mediately after this was disposed of. By the exer-
ti,-ns of the other boats the vessel was brought into
Dover Harbour' its safety, and it was referred to
the ,Commissioners at Dover to settle the amount of
the salvage and the allowance for the loss of the
boat. It was agreed that a certain portion of the
sum received as salvage should be set apart for the
benefit of the Plaintiff, the widow of the deceased.
The COmmis.sioners were induced to allow a more
liberal salvage than usual. in consequence of the .dan-
, ger of the service and the circumstance of the Plain-
tiff's husband having lost his life, and when the
money was paid by .the Defendant for:the use of the
boats' people, it was into shares, and' it
would be proved, that he put his hands upon two
of the parcels and said, this is poor Mrs. Russel's
share, and this is poor Holland's share, the man who
- 'had his bones broke, •and yet the miscreant had the
impudence to desire thee poor people to come into
a ~e,d•prc.wis their case•
Adams, a sailor, ren,embered the Ship Fran
Ciristian, from Bremen, receiving some damage as
she NYIS going. into Dcrver. Harbour. The Dover
bt.hst went out. to her assistance and brought her
I-he afterwards had a conversation with the De-
. fenciPt, as to the distribution of the Sum awarded
• by the Commissioners to-- the Sandwich, the .boat
on board of which was the deceased. When they
cane to divide 'the 'Salvage,- the- Defendant sAd,
they must.make a share for poor Mrs. Russel and
another ibr 7,-lolland. The Wicriess.replied, that to
- be sure, 'they ought, and immediately the Defen-
dant told ial.,for Russel's share, and 121.' for
Holland's k and' putting his hand upon the two
said, this is. for tote widow, and this for die
man who broke his ribs. The Witne-S-s desired
him'to take care an.; give it, then as soon as 'he got
home,, to'whith he. replied, he certainly 'would,—
The Witness •had two Shares for. hire if and 11.-.
boat's' crew, and the Defendant .tlok..Up thirteen
Shares' for his own people. All the people
ing to the' Boats agreed to' give the money to the
Widow and Holland.
bord'KENY.ow observed, that if the different
boats' crew,s had made such an agreement among
'them it bound them ; huManity was in fa your. of the
Plaintiff ; :and. he had no doubt the law. was so too.
Here was a ship in distres and a Tunfiber, of boats
went to her assistance : a sum of money' was paid
for salvage, to be distributed in aliquot shares. The
crew agreed among themselves how that distribution,
should be made, and 121. was set apart for the
Plaintiff and i zl. for another; who had suffered in
the enterprize. Such an agreement bound them,
andle w,ould hold the Defendant, 1,v.h0 had received
the money, to the performance of 'it. If there
were arty who had embarked. in the boats who .had
refused their assent to the agreement they might
contest the payment, but' he would not allow the
Defendant to do so. It was fortunate that the law
generally coincided with the honesty of a case, and
in. the *sent One the fury
_would well discharge.
their duty, by giving their v,erdid for the Plaintiff.
The Jury prohounced their verdid accordingly.—
Damages

• HOLLAND ti. FARLEY.
This was precisely, the same ,case as the last. It
was proved that the Defendant-had received 121. for
:he use of -the Plaintiff, and- a verdict was, iven
against him for that sum.

THE ASSIGNEES OF RATE V. STODDEN.