The Sun.
London, England, 1835-06-10 00:00:00

DRUMMOND V. PIGOU.

This was an action brought by the plaintiff, the respecta-
ble banker in Charing-cross, against the defendant, to re-
cover compensation for his having been outlawed by the de-
fendant upon a claim of 3,.5001. which he alleged was not
due. It appeared that the plaintiff gone having to the Con-
tinent for pleasure a writ of outlawry was taken out by the
defendant, upon the ground that plaintiff left the country
and did not leave sufficient property him to satisfy his claim
of 3,5001. When plaintiff returned from the Continent,
and having ascertained what had occurred, he got the out-
lawry reversed, and brought an action against the defendant
for a malicious outlawry. The plaintiff at the trial was
nonsuited.
Mr. LEE upon a former day obtained a rule nisi to set
aside the nonsuit.
Mr. Sergeant TADDY and Mr. Sergeant TALPOURD
were this day heard against the rule.
Mr. LEE was heard in support of it.
The COURT, after a few minutes' consultation, discharged
the rule.

ADMIRALTY COURT.

JUDGMENT.-THE THETIS TREASURE.

This was a question of importance, as regards the liabi-
lity of proceeds arising from salvage services performed by
the officers and crews of vessels belonging to the navy to
contribute a per centage in aid of the funds for the mainte-
nance of the Royal Hospital at Greenwich. The question
as to the liability,of the amount awarded to tho salvors of
the Thetis treasureato pay such per centage was agreed last
Court day, when tlie Learned Judge took time to consider
his decision, the point at issue not having hitherto received
a judicial decision.
Sir J. Nicsioaa gave judgment to-day. The facts the
Learned Judge stated were not disputed ; and the point
before the Court, was as to the construction of an Act of
Parliament. His Majesty's ship Thetis, with a large quan-
tity of specie on board, was wrecked off the coast of Brazil :
but, through extraordinary exertions, the greater portion of
it was recovered, and sent over to this country in his Ma-
jesty's ship Lightning, when it was proceeded against as droits
of the Admiralty. PThe owners, however, appeared, and the
treasure was restored, subject however to salvage. The sal-
vors 'were awarded 30,0001. out of the treasure, for their
services ; and the question now was, whether that. portion
of it which, belonging to the officers and crew of the light-
ning, was liable to five per cent. out of the proceeds to
Greenwich Hospital. The agent for the Lightning had
paid the per centage into the Bank of England, to the
account.of the Treasurer of the Navy, but under protest.
The case, therefore, came before the Court without pre-
judice, the question not having yet received a direct deci-
sion. It was the object of the Legislature that -the per
centage should be paid "on all monies arising from dere-
lict." There could be no doubt but that the property in
this case was derelict. The treasure had been lost
at the bottom of the sea, and acquired by very ex-
traordinary exertions in fishing it up. The owners came
in within the time prescribed by law, and it was restored
to them, subject to payment of salvage as upon a derelict,
and therefore liable to the payment to Greenwich Hos-
pital. The Learned Judge was not aware of any acqui-
sition which was not liable to the per centage. There
might be cases of civil salvage not arising out of. derelict,
such as where a vessel of war assisted a ship not aban-
doned ; so that
.the Act contemplated including all such
cases. He entertained not the slightest doubt that the
Legislature intended the payment of five per cent. to be
made for monies arising out of cases like the present for the
benefit of old and worn-out seamen, He was, therefore,
of opinion that the per centage, was slue, and that the
Treasurer of the Navy might be dismissed ; and further
directed that the money paid should be retained for the use
of Greenwich Hospital.

FATAL FROLIC.—Last week, at Chichester, an
interesting girl of about eighteen incautiously mounted a horse
belonging: to a medical gentleman of that place, when the ani-
mal. starting off at full speed, threw its fair rider, and she was
killed on the spot.