Star.
London, England, 1808-12-30 00:00:00

: •

AIR.
Yllol4 SILITIFINOTOWS TRADITIONART PLAY OP
" TUI MTITIMIOVS 'RIDS."

Beware the fond delusion,
Which simple hearts revere,
Nor heed the bold intrusion
Of passion insincere;
For hearts may seem expiring
With sighs and deep despair ;
For eyes may gaze admiring,
And yet no love be there.
But when the mind resigning
Distinction's flatt'ring state,
Prefers, without repining,
Humility of fate ;
When wealth's unbounded treasure
Creates no transient care;
When poverty is pleasure ;
lit certain love is there.

1.'14' INTELLIGENCE.

COURT OF XING'S BENCH, DEC. 49.
HTRBERT O. MARTIN.

This was an action on a policy of insurance upon
the ship Wentworth, at and from Jamaica to Lon-
don The policy was effected so long back as the
year 1800, and the circumstances were as follow :
The Wentworth was originally a French frigate, and
sold to the Plaintiff for the merchant service. Hating
expended 30001. in repair, Mr. Hibbert fitted her out
as a West Indiaman, and she performed her voyage
to Jamaica without meeting with the slightest acci-
drnt. In 1801 took in a cargo of West India pro-
duce, and sailed upon her return to Europe, but Cap-
tain Whiteford, the master and commander, finding
she had sprung a leak, and that the water-gained upon
her very fast, tacked about, and returned to Jamaica.
Here he caused the ship to be regularly surveyed, and
it was not only discovered that, besides a rat-hole,
through which the water had leaked in, the main-
timbers of the vessel were rotten : and as the surveyors
agreed in opinion, that she could not safely proceed
to England without a complete repair, and as that re-
pair could not be had in the West Indies, they pro-
. ceeded to condemn her. The vessel was accordingly
sold for 20101. Subsequent to this the purchaser ex-
pen-ded 12001. in repairs upon her, and sent her on a
voyage to Boston, which she performed, bringing
back to Jamaica a cargo of lumber and 150 horses.
After this she again wanted repairs, and the owners
sent her to the Havannah, where she was sold for
30'201. currency. Under these circumstances, it was
contended by the Defendant, that the Wentworth at
the time the risk commenced, namely, when the
Wentworth left Jamaica on her voyage home, was
not a sea-worthy vessel, and of course, that the Un-
derwriters were exonerated.
This was replied to by saying, that the Captain had
been guilty of barratry, and that the vessel had been
frauduleatly condemned. The trial lasted from ten
o'clock in the morning till five in the afternoon, when
Lord ELLENEOROUGH proceeded to sum up the evi-
dence, and stated to the Jury, that they had two
• questions to decide—first, whether the Captain had
committed a fraud upon his owners, in wrongfully
procuring the ship to be condemned ? and secondly,
whether the ship was sea-worthy at the time the risk
commenced ? In both which cases, if they decided
in the affirmative, the plaintiff was entitled to their
irettlict—but if their opinions negatived those propo-
sitions, then they must find for the defendant. The
Jury were•of the latter opinion, and found for the De-
fendant.
DE O. 23.•••••COMEIR W. ANDERSON AND OTHERS.

This was an action on a policy of insurance on
,heat, by the Fanny, at and from Waterford to Li-
verpool. The insurance was effected by the Defen-
dants, as agents for the Plaintiff, .a merchant in Li-
verpool, with the Royal Exchange Assurance Com-
pany lc* 10001. The vessel sailed from Waterford
andfonr days after she struck on a rock, and received
so ilnuch damage that the Captain was obliged to run
heir as'ho're, but the' cargo was so much damaged,
that whensoldlor the benefit of all concerned, it pro-
' duCtd only 951. The moment the Plaintiff heard of
t 1 loss; he wrote to the Defendants, and wished to
'abandon ; and in their answer they.said they did not
thinkit proper to do it then ; however they at last
abandoned; but the Company thought it was done

too late, on which an action was brought against ,
them : and when it came to be tried the Court was
•
of the same opinion, and being nonsuited in that action
the present one was brought against the Defendants
for neglect of duty—but his Lordship was of opinion,
that the Plaintiff could not maintain this action, as he
had not given peremptory alders to abandon, and
had acquiesced in the delay which took place : he was
accordingly—Non suited.
TI lOM V. HAVELOCK..
The plaintiff was Captain of the ship Lord Dun-
can, a Smyrna trai)e.:., in the year 1800, and the de-
fendant was owner. In that year the ship was at
Smyrna, and there being a scarcity of ships on the
coast of Egypt, Mr. Wright, the Deputy Commis-
sary-General, hired her as a transport, at the rate of
*Os. per tea, per month, for six months certain, and
after that period at 30s. The ship was 9'25 tens, per
register ; and, in the course of eleven months, she
yielded to the defendant 10,0001. During the time
she had been thus employed as a transport and store-
ship, the plaintiff, by his meritorious services on
shore, was allowed an additional shilling per ton.—
The case stood on admission and the only question
for the consideration of the Court was, whether
plaintiff, as Captain, was not entitled to this addi-
tional- shilling in lieu of primage ; and also an allow-
ance for victualling certain troops on board of his
ship?
His Lordship was of opinion, that while he was in
the defendant's employ he could not detach himself
from it; and therefore, by law, he could not recover,
as his services were solely at the disposal of his em-
ployer; yet he was of opinion, that the plaintiff was,
by the custom of the trade, entitleitto primage. •
Mr. PARK, the plaintiff's Counsel; said, " My Lord,
Oat is double what we go for in this action."
Mc. Wri ht, the Deputy Comm issary-General, prov..
ed the-sgruement °meted into with the plaintiff ; and ,
the meritorious services he performed on the coast of
Egypt.
Captains Lce and Smith proved the rate of primago