The Sun.
London, England, 1848-11-04 00:00:00

Tabirti ambition

QUEEN'S BENCH.-(THIS DAY.)
(Sittings in Banco.)
SMALL AND ANOTHER V. GIBSON.

Mr. Sergeant SHEE moved in this case, which is one
of considerable importance to those engaged in maritime
pursuits, for a rule to show cause why the plaintiffs
should not be at liberty to enter judgment upon the
issues found for them, awarding 551. lls. and the costs,
notwithstanding the verdict found for the defendant, upon
the second issue; or for a new trial. The case was
tried before Mr. Justice Wightman at the sittings at
Guildhall on the sth of July last. The jury found for
the plaintiffs on several issues, and for the defendant
upon the one referred to. The action was upon a time
policy of insurance upon the ship Susan, dating from
the 23d Sept., 1843, to the 25th Sept., 1844, effected in
the month of November, 1843. The declare.
thin alleged that the ship had been rendered
valueless during the existence of the policy,
and claimed the usual compensation. The defendants
put several pleas upon the record. The second (which
was found fur him) set forth that the ship was not, at
the commencement of the risk, nor at the making of the
policy of insurance, nor on the 25th of September, set.-
worthy, or in a fit and proper condition to go to sea.
The third urged that the vessel was not during the con-
tinuarce of the risk injured by the perils of the sea;
and another plea set up that during the insurance the
ship became damaged, and was not fit to remain at tea;
that the owners were aware of the fact, and ought to
have had the vessel repaired at a small expense; but
that they did not do so, and that the ship remained at
sea, and was destroyed through the negligence of the
owners. The vessel traded between Madras and the Mau-
ritius, carrying merchandise and Coolies. On one of her
voyages she encountered some boisterous weather, and
was obliged to put into the nearest port, where she
was condemned. The question involved in the case was
whether the seaworthiness of a ship at the commence-
ment of the risk on the 25th of September was an
answer to an action to recover an insurance for time.
There were no cases upon this point. The Learned
Sergeant cited, however, cases which touched upon the
matter. He contended that a time policy only required
that a ship should be seaworthy when she commences
her voyage, and the ship in question was fit to undertake
the voyage. An owner very seldom knew the exact
place where his ship was at a given time; it was, there-
fore, impossible he could be aware with any certainty of
her condition.

The COURT granted a rule upon the first point—that
relating to the judgment.

THE ARMY AND NAVY.

(From the United Service Gazette of this day.)
Captain Warre, of the 57th Foot, has ceased to be
Aide•de-Camp to the Major-General commanding the
North-west Counties, and has been appointed Major of
Brigade at Chester, vice Captain Gordon, of the 91st.
Captain the Hon. E. Lascelles, and Lieutenant the
Hon. A. F. Egerton, Grenadier Guards, have ceased to
be Aides-de-Camp to the Earl of Elgin.
Captain Wetherell, of the Rifle;Brigade, has succeeded
Brevet Major Moore, of the 82d, as Aide-de-Camp to
Major-General W. Rowan, commanding at Kingston,
Canada.
Lieutenant W. M'Mahon, of the 14th Light Dragoons,
has been appointed an Aide-de-Camp to Viscount Falk-
land, Governor of Bombay.
Lieutenant Fraser, of the 95th Foot, has been ap-
pointed First Adjutant at Victoria, Hong-Kong.
Captain Laye, of the 58th Foot, is Assistant Military
Secretary on the staff at New Zealand.
Ensign Bower, 73d Regiment, is Acting Adjutant to
the depot, vice Harrison.
Lieutenant Visits' of the 95th, has succeeded Captain
Cornwall as Acting Adjutant to the depOt, and Second-
Lieutenant Stewart has replaced Second-Lieutenant
Brewster as Acting Adjutant Ist battalion of the Rifle
brigade.
Staff-Surgeon W. Linton has succeeded Staff-Surgeon
R. White, in the Glasgow Recruiting District.
Lieutenant Persse, 12th Foot, has replaced Lieutenant
Wheeler, of the 48th, as Superintending Officer of the
Aberdeen Recruiting District.
SIR:CHARLES NAPIER'S SQUADRON.
" Rumour" has not been idle during the last few days
with respect to Rear-Admiral Sir Charles Napier's
squadron; but the facts are these:— The following ships
are ordered to be at Spithead by the 15th, to be ready
to proceed to sea under the Gommand-in-Chief of the
Gallant Admiral, those vessels to whom wages are due to
be paid previous to sailing :
Sailing Vessels—St. Vincent, 120 guns, 890 men,
Captain S. C. Dacres; Prince Regent, 92 guns, 820 men,
Captain W. F. Martin; Powerful, 84 guns, 750 men,
Captain Hon. R. S. Dundas, C.B.
Steam vessels—Stromboli, 6 guns, 160 men, Commo-
dore Lord A. Beauclerk; Reynard, 8 guns, 110 men,
Commodore Cracroft; Rifleman, 4 guns, 80 men, Lieu-
tenatis Crofton; Sharpshooter, 4 guns, 80 men, Lieu-
tenant Bailey.—Making a total of seven vessels, of 318
guns, and 2,820 men.
We have good reason for believing, however, that
the 17th is the day fixed for their proceeding to sea,
and it is believed that extending his cruise so far south-
wc st of Cape Clear as Madeira, the Gallant Admiral
will very soon af, er reaching that island bear up for
another long spell at Lisbon, having looked in there, on
his way out, to give timely notice of his intention.
It is reported in many quarters that Sir Charles
Na pi( r is tot at all pleased with the prospect of a winter
cruise.

The flag ship and the Prince Regent are quite ready.
I,nt the latter, although the has received her additional
weight of armament, an is to proceed at once to rein-
force the fleet under Sir William Parker, has not had
any addition made to .her complement. The Powerful
wilt he ready for sea as soon as she is manned.
It is likely that the Amaz )n, Daphne, and Orestes
will join Ow Admiral for a little exercise before they
proceed to their respective stations, the Cape, the Pacific,
and the BrazilF.
SUPERINTENDENTSHIP OF THE INDIAN NAVY .—The
appointment of a Captain of the Royal Navy to be Corn.
modore Superintendent of the Indian Navy will take
place on Wednesday next. The list of candidates is now
reduced to two, and we believe we may confidently state
that either Captain Stephen Lushington, now in com-
mand of the Vengeance, 84, in the Mediterranean, or
Captain Sir Henry Leeke, K.H., will be the officer se-
lected. The merits of these two officers are generally
held to be pretty nearly equal; but Captain Lushington,
we believe, stands the best chance of selection ; for, in
addition to his being the relative of many influential offi-
cial personages connected with the East India Company
and her Majesty's service, he has an advantage over his
competitor from his experience in steam navigation,
having commanded her Majesty's steam frigate Retri-
bution.

The Rev. Mr. Sehon has recently been appointed Chap-
lain at Melville Hospital, Chatham.
THE EAST INDIES.—We are sorry to hear accounts
of the very indifferent health of Rear-Admiral Sir F.
Collier, K.C.8., Commander-in-Chief of the East India
Station. With his Secretary and Flag-Lieutenant he
arrived at Singapore on the 7th August, and hoisted his
flag in the Meander, which he found lying there. The
Meander sailed with Governor Brooke for Sarawak on
the 23d of August, when Sir Francis struck his flag,
but re-hoisted it on the sth of September, on the arrival
of the Inflexible steam-sloop. Commodore Plumridge,
on receiving at Hong-Kong the announcement of the
arrival of Sir F. Collier on the station, struck the red
pendant of First Class Commodore, and hoisted that of
Commodore of the Second Class. The Gallant Commo-
dore had been ordered to remain in command of the
division of the squadron in the Chinese waters, instead of
returning to Bombay. It is likely, therefore, that Sir
Francis Collier will not proceed to Hong-Kong. The
Melampus and Ringdove were daily expected at Bombay
on the 3d of October. The [latter had received her
orders for England, the Pilot relieving her.
THE COMMAND OF THE VENGEANCE.—It is reported
that in the event of Captain Lushington going to India,
Sir Henry Leeke will apply for the command of the
Vengeance. We have also seen it reported that Captain
Sir Henry Blackwood (1827), lately second in command
in India, is a candidate for the command of the Ven-
geance. We believe that both officers require to serve
some months to make up their sea time for the flag rank.
The Admiralty have ordered that the Buzzard and
Magicienne steam-sloops are not to be launched for the
present at Pembroke Dockyard, but are to be completed
and retained upon the stocks until the first spring tides
in March next. In the meantime the machinery, rigging,
and stores for each are to be completed and kept ready.
Steam-vessels are in future ordered to carry an addi-
tional quantity of powder, but it is not the intention of
the Admiralty to have the magazines of steam-vessels
enlarged for this purpose, until, in the usual course of
time, they come under the hands of the dockyard for
general repairs.
DISTRIRIITION OF PRIZE MONEY.--The distribution
of the proceeds of a great many slave prizes has been de-
layed in consequence of the authorities of Sierra Leone
neglecting to acknowledge the receipt of the proclama-
tion of 1846. We are enabled to state, however, that
the Admiralty have decided upon allowing the distribu-
tion to take place immediately, under the new scale of
shares.

FOREIGNERS IN THE ROYAL DOCKYA.RD.--We called
attention a fortnight since to an inconsiderate order of
the Admiralty, giving permission to two officers of the
Swedish Royal Navy to inspect our Dockyards, and to
make drawings and notes of what they saw there. We
are gratified to hear that this order has since been re-
scinded.

THE ADMIRALTY COMMITTEE OF DOCKYARD REVI•
stox.—We have heard that the Committee will leave
Devonport Dockyard about Wednesday next, and pill
proceed thence to Pembroke, and after visiting that es-
tablishment, will go on to the Holyhead and Liverpc,ol
Packet establishment, returning to Woolwich by about
the 21st instant.
THE BELGIAN MAILS.—It will be remembered that
we gave an account last week of her Majesty's steam •
packet Vivid having, from stress of weather, been pre-
vented from entering Dover harbour, was obliged to bear
up for Deal, to lacd her mails, &c. This has frequently
been the case during the last two years, when there has
been some difficulty in procuring boats, and more ex-
pense has been incurred in the hire of them. To avoid
both difficulty and expense in future the Admiralty have
issued orders to the clerk in charge of her Majesty's
establishment at Deal that the boats and boats' crews of
that yard are to be employed in landing and embarking
the mails by the Belgian packets, as is at present the
practice at other Government stations.

PORTSMOUTH, Nov. 3 .—The Orestes, 14, Commander
Hawker, has her tops and lower rigging over the mast-
heads, and is otherwise progressing rapidly in her outfit.
Some defects have been discovered already in the en,
gineering department aboard the Sharpshooter, which
Captain ,nitro and the chief and assistant engineers of

the dockyard, Mr. Murray and Mr. Taplin, have been
ordered to examine and report upon.

The Jasper steam mail- packet, Master E. Rose com-
manding, from P,mbrolie, arrived this morning, and
sailed again this evening for the eastward, to be paid off.
Lieutenant Edward D. Ashe, of the St. Vincent, is
appointed to the Daphne, 18, Captain E. G. Fanshawe,
at Sheerness.

In Port and Fitting—Victory, 22, flag-ship ; Illus-
trious, 10, ordinary flag-ship; Excellent, gunnery prac-
tice ship; Victoria and Albert, royal yacht; Blenheim,
56, guard-ship of steamers; Oresteti, 14, and Rolla, 6,
boys' exercise brig. Stromboli, ,Reynard, Rifleman,
Fairy, Myrtle, Fire Queen, Echo and Bee, steamers.
Fanny and Portsmouth, admirals' yachts.
At Spithead—St. Vincent, 120, flag-ship; Prince
Regent, 92; Powerful, 84; Driver, steam•sloop; Sharp-
shooter, steam-vessel.

In the Basin—The Ajax, 56, steam block-ship; Mala-
bar, coal depot ; Defence, couvict hulk; Reynard and
Plumper, steamers.

In iho Steam basin—The Centaur, Retribution, Strom.
boli, Cormorant, Salamander, Puomix, Jackal, and Otter,
steamers.

; Cullingwood, 80 ;
Flying Fish, 12 ; and
In Dock—Princess Charlotte, 104
Pembroke, 72 ; Vindictive, 50 ;
Urgent steam-vessel.
The steamers in the basin which belong to the ad.
vanced squadron are dismantling.
The Encounter steam•sloep was taken out yesterday,
under the command of Commander Stevens, of the Blen-
heim, to try her rate of speed at the measured mile in
Stoke's Bay, at a lighter draught of water than when
last tried. She ran at the rate of eleven knots, which
was a decided improvement on former performances.
Commanders Crispin, Strange, Grenfell, Lieutenant
Vansitturi, Mr. Murray, C.E., Mr. Baker, inspector of
machinery, and other officers, were on board during the
trial, which lasted five hours.
The Penelope steam-frigate, bearing the oroad pen-
dant of Commodore Sir Charles Hotbam, K.C.8., &c.,
was all well off Kabenda on the 15th of August, expect-
ing the Cyclops, Captain the Hon. G. Hastings, as her
relief, when the Amphitrite, 26, Captain 'l'. R. Eden,
would be dispatched to the Pacific.
The Pluto steam-sloop, Lieutenant Commander R.
M'Kinley Richardson, was at St. Paul de Loando at the
same date, refitting.
Wind, W.S.W., light breezes and dark cloudy weather,
with rain.

THE COAST DEFENCE BRIGADE.—The crews of 45
vessels, not 37, were drilled in this brigade, and the sum
total expended was 8501., not 1,000/., as stated on
Tuesday. With this trifling sum six platform batteries
were constructed at Sheerness and Portsmouth dock-
yards, by the carpenters of the respective revenue cruis-
ers, and 2,500 men have been drilled to the great gun
exercise; tl:e amount of ammunition expended has been
much under the amount of one shot per man, and they
are now as good gunners as any afloat.
PLYMOUTH, Nov. 2.—Her Majesty's brig Kingfisher,
12, Commander W. Horton, arrived from Portsmouth
yesterday, and will be paid advance of Wages to-day.
Forty five seamen were on Tuesday draughted from
her Majesty's 'ship San Josef to her Majesty's frigate
Amazon, 26, Captain Troubridge.
Wind, N.W. by W., light breezes.
CHATHAM, Nov. 3.—The Vivid Dover steam-packet,
Master and Commander Luke Smithett, was taken into
dock on the 30th ult., to make good the damage she
sustained in a gale of wind on her getting into Dover
harbour last week. The dock was vacated by the Iris,
26 guns, the same day.
The Rosomond steam-sloop, of 4 guns, Commander
John Foote, arrived here on the 27th ult. to be paid off,
is to have her defects made good, and refitted without
delay for service at sea.

The e Fearless steam-vessel, Second Master in charge,
Mr. John Wells, is in the harbour, having arrived from
Sheerness ; she is to be taken into dock to have her de-
fects made good.
The Daphne, 18 guns, Captain Edward G. Fanshawe,
fitting for sea at this port, received yesterday on board
her marines, consisting of 1 lieutenant, 1 sergeant, 1
corporal, 1 drummer, and 29 rank and file. The detach-
ment belongs to the Woolwich division.
The Vernon, 5 gun?, Captain John C. Fitzgerald, is in
the harbour to be paid off. All hands are busy in re-
turning her stores to the dockyard. She is expected to
be paid off on Tuesday, the 7th inst. She will then be
taken into dock for the purpose of being very minutely
surveyed by the officers of the yard, in conjunction with
Mr. Watts, assistant surveyor of the navy, who has been
directed by the Admiralty to attend for that purpose.
Captain Sir Thomas Bouchier, Superintendent of this
yard, returned from leave of absence yesterday to re-
sume his duties.

A circular order has been issued to the yards calling
for a return of the ships commissioned and paid off from
the Ist of January, 1847, to the 30th of June, 1848.
WOOLWICH, Nov. I.—Two officers and 100 non-com-
missioned officers of the Woolwich division of .Royal
Marines have been placed under orders to proceed on
Monday next to Portsmouth, for service in the Superb,
80 guns.
'The Monkey steam-vessel brought down a quantity of
stores from Deptford, to be put on board the Medina
steam-vessel, fitting at this pert for the Mediterranean
station. During the time the stores were transferring to the
Medina, some of the convicts who were assisting managed
to abstract a small bale, containing 100 black silk
handkerchiefs. The property was not missed until
\Veanesday, when information having been given, Mr.
Field, head iiisptetor of the di ckyard police, pro-
cc ded to the W arricr, convict-ship, and with
the prompt asiii:talLe of Mr. Mask-ratan, the su-
perintendent, one ut the prisoners was fuuud able
to give such info .rmation as led to the recovery of
the cover of the bale, which wL:s found cen•
celed under some ti ,bers near the place wlarnce tho
bale was found. One of the gangsmen also stated
that, he observe d two of the pris,,ners neer
the place openir g aid will be able to identity
th,le. Mr. Voales, head superintendent of the c..,nvicts,
is to make a se..rching inquiry amongst the suspected
convicts in iliia case. As yet no traces of the handker-
chiefs have been ob:ained.