The Sun.
London, England, 1822-03-20 00:00:00

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PRICE SEVENIIttiCt.

articles ? :its moral quality at all altered and improved; by
that alteration of form ? It it be vicious in its substance and
grain is it purified by its insertion in the articles ? Can it be con-
sidered that the mere bond is the mother of all the mischief ?
, How this might be considered if it occurred in a Court of Coma
mon Law is not for me to predict. I know that that system,
admirable in its structure and still more in its actual admini-
stration, resting most properly on its ancient and approved
technical rules, is on that account unable Sometiines to reach
the real justice, which it therefore leaves to other jurisdictions
to discover and apply. Great part of the Chancery jars.,
diction rests upon this very foundation. To maritime Con,
tracts, in particular, the principles of equity have thus been
applied. It is unnecessary to multiply instances, but I will
just mention the case of a Edwin and Stafford v. The East
India Compan7," Vernon, 210, where it waB held 'that
" though a charter-party is so penned that no freight can be
recovered upon it at law, yet if the owners of the ship have a
just demand, equity will relieve." A Court of Law works its
way to short issues, and confines itself to them ; a Court of
Equity takes a more comprehensive view, and looks at every
matter that ought to influence its judgment upon the total jus.
tice of the case. Ido not mean to arrogate to this Court the
character of a Court of general equity, which it is not, but by
the tenor of its commission it is bound to proceed upon e9uit4
able'principles, and according to the justice of the case, arintrio
boni 'air'. How far a Court of Law would confine its view to
the express letter of the contract, and leave such a party as the
present to find his way out of a bad bargain of his own, where
there was not absolutely a tu7pis eontractug, I cannot pre..
sume to say. There are those who, perhaps, might regret if this
humble class of suitors were compelled to make a journey
through a second Court, This Court is not inclined to impose
that obligation upon thein. It will, as it has done in the former
cases, protect these illiterate and inexperienced persons against
their own ignorance and their own imprudence ; and, I con-
fess, I feel rathet more disposed to do so in the case of mere
articles than in the case of articles and bond ; for I think it
much more probable, that covenants bearing hard upon men
should slip into the mariner's contact unnoticed than into
a bond, an instrument of rare occurrence, and by which, on
that account, their curiosity would be naturally excited and
alarmed. I must add, that the terms in which die stipula-
tion is framed might be understood by the mariners, as they
are understood by the Courts of Scotland, to mean that no part
of the wages should be demanded, or considered as actually
recoverable', till arrival at the final port ; but not as breaking
up their title to what the general law had guaranteed to them,
The words are sufficiently satisfied, and I infer from the pre-
sent proceeding that they were so interpreted by the suitor, or,
otherwise, he might be charged with a want of that good faith
with which he has a right to be credited, if lie were resisting a
claim which he had fully understood and admitted at the date
of the agreement. _ _ _

I have- been alarmed in the argument with the terrible conse.
quences that would ensue, if I were to reject the allegation ; for
in that case, it is said, the Representatives of all the unfortunate
persons who have perished, would attempt, by the same remedy,
to recover the expected fruits of the labours and perils of their
departed relatives. That objection carries with it no terror to
my mind. If they are entitled to the remedy, it is peculiarly
fit, in such a case as this, that they should have it.
It has likewise been urged, for the same purpose of alarm,
that I should introdude a diversity of law upon the same sub-
ject. That suggestion assumes, what lam not prepared to
admit, that a Court of Law would give a sanction to this con-
trivance for eluding the law, by the incorporation of the contract
in the articles. lam not to anticipate that this will take place ;
but, if it did, no diversity is introduced ; it is a diversity already
existino- • it is no more than that which ordinarily results from
the different operations of the principles of law and the princi,
pies of equity.
It is an objection often justly made to arguments, that cases
of great hardship and inconvenience are put to exemplify the
evil consequence that may result from the doctrine Which
is opposed, if it should be established--that the eases are ex-
treme—,exist only in ingenious fiction---or, are totally extrava-
gant, and out of the sphere of all probability.—What is the ac-
tual existing case taken in the simplest form of fact ? Here is
a poor man compelled to sue as a pauper, not being able to find
, any body to stipulate for him ; a man in a station of life
humble but most useful, and on that account highly to be fa-
voured by the maritime law of a great maritime country ; he
enters into the service of a ship in the port of London, which
carries a most troublesome, a most disgusting, and a most
dangerous cargo, a cargo of 7 convicts to a port in New South
Wales, and delivers them at that end of the globe ; there
wages, by the general law, are earned, without any regard to
the special agreements between owners and freighters ; the ship
takes in a new cargo there, and earns wages by the delivery
of it at Port Jackson ; she sails to Batavia, takes in another
cargo, which she delivers at illinto, in Sincampour ; there takes
a cargo, partly for Calcutta and partly for London, delivers the
goods destined for Calcutta, and there takes in others for Lon-
don, for which place she sails, arrives, infra quatuor maria,
within what the law calls the King of England's Chambers—in
the Downs--in the very faeces, as it were, of her ultimate port,
after a voyage of about 16 months continuance. There this
ship is unfortunately wrecked, and every soul on board, captain,
officers, and men (the exact number does not appear, but forty
names are contained in the, list extant), all perished, save two
men, who were left alive to tell the story ; one of these men
applies for his wages, states his services of labour and danger,
which are not controverted, but fairly and honestly admitted ;
he is met, however, by a covenant, that he shall be entitled to
nothing, unless the ship is actually returned to the Port of
London. Now, I mean not the slightest reflecton on the Gen-
tlemen who take this objection. They have a right to stand
upon their covenant, for their own interests in this case,
and for the general interests of the Gentlemen occupied in
other cases of the like kind. I must particularly speak with
approbation of their personal conduct towards this man :
he was naked, and they cloathed him—hungry, and they gave
him food—sick, and they administered to his recovery. On
regaining his health, he, notunjustly, demands his wages ; the
result is, that, pereunt tempora.langi servitii, for himself and his
disappointed family, if he has one, he is compelled to come to
this Court for his pittance, having nothing to shew but his ser-
vices and his misfortunes, not much sweetened by reflecting
that it is all his own doing, that he has thought fit to bring.it
upon himself by his own indiscretion. I shall say no more
than that this is the firsttourt to which the validity of this co-
venant has been submitted. The facts of the case are such as
cannot recommend it, I think, to any Court upon any dicus-
sion—but, at any rate, I will not be the first Judge on record
who shall gibe it a sanction. I therefore reject this article of
the allegation, and shall of course permit the summary petition
to be proceeded on; and, if it be duly supported in proof, I
shall feel myself bound, by law, authority, and natural justice,
to pronounce for the wages claimed, as earned on the outward
voyages.

NOTE.—The second article of the owners' allegation, plead-
ing that a small quantity only of the cargo was saved, was ad•
mitted to proof.

ASSIZES:

MAIDSTONE, MARCH 18.

The Lent Assizes for this county commenced here to-day,
on the Crown Side, before Mr. Baron WooD. On the Civil
Side the business does not begin until to-morrow. In both
Courts the business is likely to be heavy. The Gaol Calendar
contains a fearful list of offences in point 'of number, there
being no less than 176 prisoners for trial.
The Bank of England have but one prosecution, which was
disposed of to-day, as follows

James Good:A:F:1 'Was indicted for knowin,,dly uttering to Fran.
cis Porter Molloy, at Chart next Sutton Valence, on the 22d
of January last, a forged Bank of England note, for the pay-
ment of 51.

Mr. GURNEY, the COMMON SERJEANT, and Mr. BOL-
LAND, • conducted the prosecution ; and Mr. ADoLPH us she
defence.

It appeared in evidence, that on the 22d of January, at seven
in the morning, the prisoner went to the Buffalo's Head, pub..
lie-house, kept by a person named 3lolloy, and tendered the
note in question to pay for about three and sixpcnnyworth of
liquor he had drank.
It was also proved that the prisoner had uttered on the 3d of
December, 1821, another forged sl. note, to the wife oft pub-
lican, named Barham, at Headcorn, in this county.
An Inspector from the Bank of England proved, that both
the notes were forgeries in every particular, had been struck off
the same plate, and. were of the same date.
The prisoner t.aiel nothing in hie defence, but called one wit=
ness, who gave him a good chaiamr. bluilty—Rtath. •