The Sun.
London, England, 1809-12-19 00:00:00

at the Halhtitf. He referred to* oase where an 41-
surance Broker had received certain sums on an In-
surance which was obviously illegal, but which plea
of illegality the Court was of opinion the broker
could not set up against hid employer.
Lord ELLENBOROUGLIL was of. Opinion this did not
apply. Here the Pefendanj fransaCted the business on
his own account, and it being illegal be might be
called on to restore the property to which he could
shew no legal title.
The Plaintiff was accordingly nonsuited.

DEC. 16.

sTILK V. MERICK.

The ATTOANEINdENERAL stated this to be an ac-
tion by. a foreign seaman, to recover from the de-
fendant, who was the C iptain of an American ves-
'Bel, named the Logan, the amount of his wages in a
toyage from and to the port of London, which'oc-
copied the space of one year, except nine days. The
plaintiff was one of ten hands by whom this vessel
was navigated, twelve having been originally engaged
two df whom deserted; and whose wages the defen-
dant had agreed to divide among the other ten, on
their undertaking to navigate the vessel themselves
without any farther assistance. The plaintiff and
his companions had brought the vessel safe up the
River, and did not quit her till she was moored at
the station assigned her. They then quitted the
ship, with the consent of the Mate; and returned
the next day for their climbs. On a subsequent 'oc-
casion they applied to the defendant for their wages,
which he promised to pay them tile moment the
ship was unloaded. This he had since refused to
do.
The agreement between the defendant and the
seamen, • in which the lowest rate of wages was 51.
per month, was given in evidenCe. - Also the agree-
ment by. the defendant to divide the wages of the
two men who deserted among the other ten.
Lord ir'LL,ENUOROUGH held, that this latter agree-
ment was illegal. The defendant night have en-
tered into it, from any thing winch appeared, through
compulsion ; and besides, he bad already purcbased
all the services which the plaintiff and ins compa-

nions had to bestow.
The seamen on board the Logan were then .ex-
=hied, who probed that.they navigated Use vessel.;
that they did not quit her till she was safely moored
in the station assigned her in the River ; that they
then went on snore, with the consent Or the. Mate,
the Captain not being then on boarcl; and that they re-
turned to•the vessel on the following day, and got
away their clothes. Two ot them also swore to a
promise made by the delemlant on the Royal Ex-
change, when applied to by une of. the. partarS, to
know when their wages should be paid, that they
should be paid the moment the last bale of goods in
the cargo went over the ship's side. .
Mr. GArtaow icr the detehdant, represented the
present as being a case of the very. last importance to
the mercantile rattrt sts of the country. With the
very great naval force which Great ,Britaia was oblig-
ed, in the present circumstances of the world, to
maintain, it was hardly possible that her commerce
could be carried on without the assistance of foreign
seamen. To what a deplorable. state, however,
must the commerce of the country be reduced, if it
should be held that not one or two,ot .a.crew, but
that every man on board should be entitled, the mo-
ment they come into any, river leading to the port
where they were to unload, to
,desert the ves-
sel, and to leave it exposed to the thousand acci-
dents which even then it might by- possibility en-
counter. It was part ot the maritime law at this
country, and it was also a stipulation in the agree-
ment in question, that any of the mariners quitting
the vessel before the navigation was concluded, and
deserting for the space of 48 hours, should nut only
forfeit the wages due to them, but also the clothes
and other articles they might have on board. This
he should prove,was the case in the present instance.
The mariners, one and'all, who, it was to be observ-
ed, had come forward as witnesses in their own cause
to-day, nut only quitted the vessel without leave of
the Mate,who was the co mounding officer on board,
but returned the next day, „and under the idea that
the obtaining of their cloaths would operate as a
remission and oblivion of their former offehce, so 2"
to enable them to insist upon their wages, carried oft
their cloaths, also compelling the Mate to- give
Ahern the key of the locker in which their chests
were deposited.
To prove this defence, the principal witness was
the mate, but.his evidence being unsatisfactory, the
Jury found for the plaintiff ; thereby deciding the
other nine adions.

VIPOND V. BOWDLER.