The Sun.
London, England, 1821-12-19 00:00:00

the objection upon -a case recently decided under the like cir-
cumstances.

Mr. 31 A lIYATT was heard in answer to the objection; but
The Lora) CHIEF J usT ICE was 'of opinion that the objection,
was insuperable, and therefore directed the plaintiff te. "be' Non-
suitA

COURT OF COMMON PLEAS, DEc. 18.

SIIIP REPAIRS.—GAVIN AND ANOTHER V. KREIIbER.

Mr. Sergeant VAUGHAN stated the case. He said this waft
an action brought by the plaintiffs, Messrs. GaVin and Williaths,
of Leith; against the defendant, Charles Kreuder, for the redo-
very of 1,4601. for the repairs of a Swedish ship, which was
driven upon the coast of Scotland, in 1812, by stress of weather.
The jury were aware that, for the obvious benefit of the owners,
the Captain of a ship was entitled to commit the responsibility
of his owners for all necessary repairs. The exigency of the
case always justified this course : indeed, by the civil raw, t'he
ship itself was held liable for repairs ; but by the general law
of the land, the Captain as well as the owners were liable, un-
less the creditors gave the Captain a full acquittal at the time.
The reason why this action had not been sooner brought Was,
that the Captain had been mostly abroad, and the plaintiffs had
therefore an opportunity of earlier holding the Captain to his
responsibility.
The repairs of the ship, in sails, cordage, and masts, to the
amount stzted by the Learned Sergeant, were vroved in vi-
clence. The ship was represented as having been nearly a com-
plete wreck 'at the time.
Mr. Sergeant H u LLOCK lamented, for the honour of Scot.
land, that so slovenly a case as this had been got up in that
country; and he also begged leave to dispute the law laid down
by his learned friend : he apprehended the law to be this—that
where the Captain ordered repairs owing to the exigency of the
case, be of course incurred a liability, and comun;tted his
owners ; but he must deny that the Captain could not he exo-
nerated without a specific acquittal : on the contrary, ever since
the time of Lord Mansfield it had been held, that where the.
creditor did not take from the Captain a direct acknowi-dgment
for the debt, but relied on the responsibility of others, he must
stand by his election, and fail as against the Captain. Now in
this case he would clearly prove the plaiutifr gave the credit to
a house in Liverpool exclusively, and had therefore no claim
whatever against the master of the ship, even thohgh they had
ultimately tailed to recover from the house which they had
credited.

The Learned Serjeant then put in several letteit and depo-
sitions, which were admitted, and which went to fthew that the
repairs were done on the credit of Messrs. Dixon and Co., of
Liverpool, who had corresponded with the plaintiffs upon the
subject of the repairs, and not executed them until they agreed
with Dixon and Co. upon the prices ; and to the latter they ac-
tually transmitted a bill at six months, for acceptance, which
they received back duly honoured from Liverpool.

Serjeant VAUG-HAN, in reply, contended that the cor-
respondence with Dixon and Co. did not exclude the lien which
the plaintiff's still held upon tale Captain who had given the
order for the repairs.
The Jury returned a verdict for the defendant.
ASSAULT.—DAWSON V. HENLEY.

This was an action for an assault alleged to have been commit-
ted by the defendant, who was owner of a collier in the Thames
upon the plaintiff, who was a lightermen. There were several
witnesses at both sides ; on the one part it was alleged, that the
plaintiff, happening by accident to find himself on board tile
defendant's ship, demanded payment of a debt of 155., and was
repaid by a violent drubbing, which constituted the ground of
the present action. On the other side, witnesses Stated, that
the plaintiff went on board for the purpose of beating the de-
fendant, and the moment he got on the dee;k, he proceeded to
execute his purpose, and that it was.. plaintiff, not defendant,
who committed the assault. A great deal of abusive language
appeared to have been interchanged between the parties, who
had also engaged several Counselnt each side to fight the battle
over again in Court. The Jury found a verdict for the de-
fendant.

OLD BAILEY.
Yesterday six prisoners were convicted of felony, and two
were acquitted.
The whole of the prisoners for trial having been gone throne),
the under-mentioned capital convicts had sentence of death.
passed upon them :
Thomas Thompson, for forgery ; Thomas Deakin, William
Hall, Wm. Percival,- Chas. Yates, Henry Turner, Richd..l ago,
and Thos. Beck, for burglary ; John Chec•.tcr and Thos. Bert-
rand, fur highway robbery ; Robt. Watts, for house-breaking
Win. Page and Wm. Cordell, for horse-stealing ; Nowell Wil-
kinson and Josh. Marsden, for a robbery on the river Thames-
Twenty were sentenced to be transported for life; five for
fourteen years; fifty-five for seven years ; forty-eight to various
terms of imprisonment ; eight to be whipped and discharged ;
ten to be fined Is. and discharged; and upon four judgment
was respited until the next Sessions.
The Sessions were then adjourned till Wednesday the 10th
of January next.

Yesterday Thomas StrulArd, the driver of the
Bayswater stage, was brought to Marlborough-
street office, under the Coroner's warrant (the
Jury having found a verdict of Manslaughter
against him on the preceding evening, for driving
against Mr. SLADE, by which that person had
been so much injured as to cause his death,) to
be held to bail ; but no person appearing as bail
for him, he was committed to Newgate for trial•