The Sun.
London, England, 1822-11-27 00:00:00

HIGH COURT OF ADMIRA T,TY, Nov. 26.

CAYENNE.
Dr. JENI4Eft submitted this day that the Court must have
collected from the papers that were read on a former Session,
that this was the case of a capture of booty by a conjunct, orce,
naval-and military, by his Britannic Majesty's ship the Con-
fiance, commanded by Sir Jaines Lucas Yeo, deceased, and by
a Portuguese army of 1,400 or 1,500 men, in Jannary;lBo9.
Cayenne surrendered by capitulation to this united force, the
s'ettlethent (Guiana) being ceded to the Portuguese. The shares
to be taken-as of the proceeds,_ by the Portuguese troops, and
the captain,. officers, and crew of the British ship, were, by
consent, to be subject to arbitration in Europe; .and eventually
32,7001.; was remitted from - Portugal to England as the share
which bad been. allotted. to the naval part of the armament in
question. OWing to the ernbarwassments of the Messrs.
Broughton, into whose hinds this money had been paid, a sum
not exceeding 11,500/. had been finally paid into the registry
of this Court. Upon this' sum the agent had, (as it. was
conceived) by mistake, paid over the 5 per centage, which
tinder various. Acts of Parliament is directed to be paid into
the treasury of Greenwich Hospital on all proceeds of prize,
condemned as h naval prize. It was now to be contended be-
fore the Court, that this was a case not of such a description ;
that it was not, within the meaning of those statutes ;
and consequently that the Court would decree Greenwich Hos-
pital to reiund the same. For this purpose, a monition had
been taken quit oNbehalf of Sir James-Lucas Yeo, (represented
by his son, the present Sir J. I,reo,)'and the officers and -crew of
his Majesty's ship Confiance On the part of Greenwich Hos-
pital,'a -protest was at first asserted, but Subsequently waved.—
The present case must depend on the enactments and provisions
of the 40 Geo. HI. c.'101; 102; and the 51 Geo. 111. c. 127.
The Court was perfectly aware that the 411Ge0.• 111., and some
preceding acts, had directed the payment of 1/,135. 4d. per cent
on the pr6ceeds of all naval prize; and that the 51st of the same
reignsthreeted a further payment 'in all similar cases of 3/. Os.
Bd. per cent., making altogether.sl. per cent. ;-and this was con-
firmed by the language of the .55th Geo. HI., (c. sec. 2).
The whole of the question here was this—Was the capture of the
booty taken et Cayenne effected by a naval force, or by a conjunct
expedition of sea and land-forces ? That this was. a case of the
latter description,the circuias tan as which had been detailed could
surely leave no doubt: the military or
,Portuguese force was
very,eonSiderable ; the naval force consisted of the officers and
crew of a single British ship. Therefore this was not a purely
naval capture. Now the Court had already decided in the
well.known case of GenOa, and again in that of-Java, (both of
which bad been taken by. the conjunct operations of sea and
land forces), that the, grants or'proceeds were not liable to the
payment of the '5 per tentage. • He submitted, therefore, that
an VAS instance the-per centage had been erroneously paid, and
ought to be refiindsd.
r. LusTfuket'fimoin the same side, was rather disposed to
rest this case on .the 57tGGeo. 11.1... c. 127., which hul a clear
reference to purely naval. prize. The Court had already de-
cided this case in the judgment which it gave in the case of
Genoa, when it obierved that the 57th of -Geo. 111. did not
apply to conjunct exPeditions. So in the case of the rant to
L'ord Keith, and the naval, force under his command, for prize
captured on the north Coast of Spain, the Court said that',
Greenwich Hospital was entitled to the five per centage which
it there claimed, because it was naval prize captured:solely by
the nary. In the present case, it was a grant of a completely
different description.
TheJC.ixo.'s ADVOCATE, with whom was Dr. ARNoLD,
relied on the terms of the present grant, which was, for prize
or booty (for here the distinction was quite immatariab`captured
by the navy, by that part of it which : assisted the Portuguese
troops.. As to Conjunct, expeditions, these was this very ma-
terial distinction, on the other hand, • to be taken, namely, that
the act, and this Court in-the rase of Genoa, contemplated con.
junct expeditions of his Britannic Majesty's sea and land forces.
Now the capture of Cayenne couldhardly be considered in that
light : for the military were entirely Portuguese ; and it was
not enough to say that they were our allies at the time, or that
they were hostile to the French. The Learned Counsel con,
tended that GreenWidi Hospital was justly entitledito the per
centage. •

Lord STOWELL said, he could raise no doubt in his own'
mind as to What the Court was bound to do on the present occa-
sion ; and that was, to abstain from calling on Greenwich Hos,
pital to refund the money which bad been paid, in die shape of
per centage, by the naval agent, in consequence of this grant,
This was originally a conjunct expedition, inasmuch as his Ma-
jesty's ship Confiance participhted in the dangers and
difficul-
ties which attended the capture of Cayenne; and in the.grant-
ing part'of the original grant it was considered and described as
a conjunct expedition. But under what circumstances did it
stand now ? variety of proceedings had been had, in none of
which, neither in the terms of the grant itself, was any mention
made of any other share.. This, therefore, was solely to the
navy,gofar as regarded the proceeds actually before the Court.
under these circumstances, the per centage had not been paid
in error ; and the- Court would,. therefore, dismiss Greenwich
Hospital from all further observance of this suit (with costs).

DEAN AND EATON V. THE OWNERS Or THE intro
ELIZABETH.
This was a claim of salvage for. being instrumental in saving
part of. the cargo on. board the brig Elizabeth, which was
. wrecked off the west coast of England on the night of the 30th
November, 1821.... The. claim was :resisted on the ground of
a suspicion that the plaintiffs, a farmer and. his man, had in-
tended to, appropriate a keg filled with gold coin to their own
private use. A variety of affidavits .were .read with reference
to their conduct on the occasion, and the impression which it
made upon. other persons; after which" Dl* JE:NtliEn and
LusurNerroN: were heard for the claimants, and the King's
Advocate with Dr. ADAMS on the other side.

Lord STOWELL held that 'here was no evidence to justify
him in presuming a dishonest. intention. The plaintiffs had
been instrumental in saving the property, and the defendants
would probably have acted a more 'prudent. as well its grace-
ful, part in acknowledging their services, iiowever .moderate,
than • in .endeavouring to brand
.them, with the infamy of a
plundering intention, at a. time when the vessel was deserted
.by her crew, and was literally going to pieces. As the service
zendered was, however, . certainly but moderate, he should
award 105./.. to the individual who -rescued theeproperty from
the waves, and 211.. to the other party.

CHALLENGE OF THE CHAMPION RUNNER TO ALL
E LA N Il al ton, of Kirkby M oprsid e, the North
Riding of the County of York, will run any man, from one mile
to any distance, for 100 sovereigns to any amount up to 1,000
sovereigns.—liirkby 41Loorside, Nov. 25, 1822.

CORONER'S tNQUEST.2-1111 Inquest was taken
yesterday at the King's Head, at'Walworth, before ("Han LES
JEMMETT; Esq. Coroner, on the body of John Itottenbury.
The deceased was a ladies' shoemaker, and worked for Mr.
• Hammond, in •Walworth ; he lodged at the above' house,
and on Thursday night retired to bed, at his usual hour, and.
next morning; be not going to work, his master went to the
public-house to ascertain the cause of his absence, when he
learned that he litd not been seen' to come down stairs. Mr.
Hammond and several other persons, in consequence pro-
ceeded to his bed-room,' and fOund the loor locked inside,
He called the deceased several times, but received no answer;
the door was. burst open, ;when the unfortunate man was dis-
covered hanging by his neckerchief from the tester of the bed-
stead, quite dead. It is supposed he had been suspended-Some
time, as 6.was stiff and.quite dead. • ill r. Baynes ;and Mr.
Hammond spoke to the deceased having for some time labour-
'ed under an aberration of mind. The Jury consultettfor some
,time, and afterwards returned a verdict of "//manitv,"