The Sun.
London, England, 1802-02-13 00:00:00

so long interested the commercial world, and agi-
tated the Courts of Westminster Hall, was brought
to its ultimate decision this day in the Court of Ex-
chequer.
The Barons of the Exchequer, and the Judges of
the Common Pleas, with the exception of Mr. Jus-
tice HEATH, whose indisposition prevented him
from attending, delivered their opinions seriatim.

Mr. Baron Ga.AHANI, as the junior Judge, first
pronounced his judgment. He began by deducing
the proceedings from their commencement.—lt was
an Action on a Policy of Insurance for 20001. and
the Declaration stated that His Majesty, by an AE}.
of the isth year of his reign, was empowered to
make in order for providing for the safety of ships
belonging to the United Provinces, which were or
should be detained in any of his ports. That on the
r 3th of June, 1795, His Majesty, by advice of His
Privy Council, issued his Royal Commission to James
Crawford, tsq. the Defendant in Error, and others,
appointing thetnComMissioners for the purposes of,
the Aft, aid empowering them to take all ships.be-
longing to the United Provinces,which were or should
be brought into any of the ports within his dominions,
under their care, and to manage and dispose of such
ships and their cargoes to the best advantage. That
on the rotlf of June, 1795, in consequence of subse-
quent orders given to the Commanders of His Ma-
jesty's Ships of War, a Convoy of seven Dutch Ships,
belonging to the United Pr .winces, bound from Ame-
rica to Amsterdam, Were taken by Capt-Essington,
and carriedinto St. Helena, of which advice was
transmitted to England. That the Defendant in Error
thereupon effeefed Policies upon the ships, in the
name of himself and others, as Commissioners of
Dutch Property, insuring their safe arrival from St.
Helena to London : That the Convoy was in safety at
t 1 e. time of effefting the Insurance, and that it af-
terwards was driven by stress of weather, into the
Shannon, in Ireland; and that several of the ships
were lost. The Aftion was for an average loss of .eo
per cent.. On the trial a verdid was given- for the
Plaintiff, the present Defendant in Error, and a Bill
of Exceptions was tendered, reciting the above
f, as : that the Question afterwards came before the
Court of King's Bench, when judguient was given for
the _Plaintiff. It now came before t he Court of Excise-
quei., upon a Writ of Error, and among the SCN't
olaysttions that were raised, the only one which it
would be necessary to consider was,--that by which
it was alledged the Plaintiffs in the original Action
were not vested with an insurable interest in the
property th.:y had insured, at the time the insur-
ance was effected. The Learned Btron proceeded at'
great length to discuss this, question—to follow
him through the course of his elaborate arguments
would, within our limits, he a vain attempt ; suf-
fice it to
,say, that he considered the contract as a
fair one, and the In users apprised of every cir.
cumsnance with regard to the risk. It had been
urged that the Commissioners could exercise no.aft
of ownership as to this property, and that the perils
of the sea commenced before their right to the thing
insured. He admitted that the Aft of Parliament,
and the King's Proclamation founded on it, gave no
power, strictly speaking, td the Commissioners to
take under their care any ships belonging to the
United Provinces until their arrival in the British
Ports ; but he was of opinion they had vested in them
a contingent interest, which nothing but the inter-
vention of the perils of the sea could defeat. It was
true, they could= exercise no aft of ownership till the
ships arrived, Igue they were deeply interested in
protefting the convoy from the perils of the sea,
which, without the right, of effecting an insurance,
they could not have done. Upon the whole, he
considered it was not necessary the Commissioners
should have had a vested interest in the subject in_
sured ; it was enough if they were interested in its
safe arrival, and therefore he thought the judgment
of the Court of King's Bench ought to be affirmed.
Mr. Justice CHAM t 3 R E observed, that the Policy
was effected by the Defendants in Error, in the dia..
rafter of Agents appointed to take charge of Dirteh
ships for the benefit of those who might be ultimately
entitled to them. He felt himself in an unpleasant
situation, having reason to believe the opinion he
entertained would not receive the support of the other
Judges. He should not regret, if his opinion was
over-ruled, for he could not conceive why, upon
considerations of morality and honesty, the under-
writers should have resisted the present contraft.
He was however firmly of opinion, the Plaintiffs
had no in,urahie interest in the ,property attempted
to be insured ; it was the property of His Ma-
jesty at the time the insurance was made, and
the utmost that could be said was, that it might
become insurable. • It was manifest, that the °hied
of His MajeAv's .permission was property aetually
in the ports ei'tbis couotry at the time, or which
might afterwards arrive , till. its arrival, no change
of property took place, but it remained as before in
the Dutch Owners. He considered the COLllMiS-
tli,nuars as having only a bare authority to do 'par-
ticular a.t.s—an authority coupled with no interest
or disposing power whatever, and therefore that the
judgMent of the Court of King's Bench 'ought to be
reversed. .;

Mr. Justice RooKr was ot opinion, that at the
time of making the insurance, the possession of the
ships and cargoes vas in the Crown; and although
the Commissioners had no beneficial interest for
themselves in the subject insured, yet whether they
were considered as Trustees for the Crown-.—as
Agents for the purpose of disposing, of a property
when ft should arrive in England—or as the statuta-
ble Consignees : in either case they were entitled
t;) (fed an insurance. kle agreed, if'no seizure
of the Convoy had been made at the time of the in-
surance, and the Commissioners had speculated upon
the probability of such an event, and effeCted an in-
surance, that the" Policy would have been_yOid. He
not only thought the Plaintiffs had an insurable in,
west, but had sufficiently averred it in the, to cclara

Mr. Baron Thomrsozr said, it appeared to him
the Plaintiffs under, the AEt of Parliament and Com-
mission had such an interest as they might lawfully

Insure.