The Sun.
London, England, 1811-04-30 00:00:00

LAW REPORT.

COURT oF KUNG'S, BENCH, APR IL 19.
Silt CURNW ()THEM V. VALS

GRAVE.
This was an anion brought by the assurtd
;Theat the tenderwritet,, upon a policy of insurance,
to, rocover ai for a total loss upon a cargo, The po-
licy Wae underwritten by the defendant, for the Olin
of 300 i. upon a prehnittant 30 guineas. The value
of the goods insured was about 35,0001. and the
voyage was at and from the port of London to tLe
Baltic, and back, to touch at the several ports in
the Baltic, laud, and dispose Of the'eargo, with va-
rious other liberties.
It apeeaVed in evidence,, that the goods in ques-
tion were slepeed on board a merchant vessel called
the Thetis, which sailed under a license froth the
port of London on the 95th June, 1810, and arrived
in Revel roads in due -courie. The vessel was im-
rnediaiely seized by the KusSian Governmeet, and.
on the 6th August the goods were landed and car-
ried into the Russian store-houses, where they had te-
wanted ever since, and all attempts to recover them
ware vain.
Mr, PARKE for the defendant said, that his only
wish was to justify the Underwriters for defending
teis'attion ; they had been informed, that the Cap-
tab) of the Thetis, -instead of disposing 01 his cargo
itt proper time, had delayed and loitered- away his
time, until the ship WAS seized by the Russian Go-
vernment. The contrary, however, appearing in
evidence, he relinquished that ground of defence ;
but :he submitted to his Lordship's consideration,
whether, in a case like this, where the party
brought his aetion as for a total loss, he ought to
have abandoned, in order to entitle him to maintain
that adion. Itt t his case ,there was no abandonment
whatever; the goods were lying in the warehouses
at Rei;el, not yet dispoSed of in any manner, or had.
cue.lernuatiun of ship and cargo taken place ;
be theretore submitted., that where a loss sustained,
called by the law a total loss, there was a necessity
ott the part of the assured ,of abandoning before he
could bring this sort of adieu ; but not'having aban-
doned, lett it as a partial loss, fur which only the
plaintiff was entitled to recover.
Lord ELLENBOROUGU t)berVed, that he should
leave it to the Jury' to determine whether they
would find (under all the circumstances) as, for
total or a partial lois. This was a loss by detention,
but whether it would end in a total seizure Was at
present a mitre contingency. The Jury would,
nowevet, give damages proportionate to the injury
sustained, within the sum insured; the whole of
the cargo had been. detained, and his Lordship re-
collected, in the reign of the Emperor caul, a num-
' ber of ships with their cargoeii, were detained, and
afterwards restored to the pariiete Tee Jury were,
however, the beat judges, and to their breasts he
left it.
The Jury found a verda for the Plaintiff for the
anthem laid in the declaration.

BIBM G 114 , Arittr, e 5.

T,IIUNDER STOUM.

On Tuesday afternoon, between four and five
o'clock, this toelt and neighbourhood was visited
by a wort, though severe, storm of thunder and
lightning, accompanied by rain and hailstones,
(smite of which measured two inches and a half in
circemference) which broke many skylights and
windows. A thunderbolt fell,on the house of John
Hart, a nailer, at liarborne, near this town, and
burst 'with a most tremendous explosion, blowing
ctli a great part of theyoof, which was scattered
in
all directions into the adjoining fields and lanes
Hart's wife'and seveti children were in.the house, at
the tittle, aud the unit ppy husband was at the
ioor of this smithy, in- the ad ,of breaking sortie
when he saw The root fall in, and was one eft
the first who man up stairs, to extricate his children
from the smoking ruins. His eldest daughter was
considerably hurt, being much burnt in the side,
breast, legs, and thighs; the mother's hand was
scorehed, and fur a lung while she could not feel
the least use of litr arm. It was a distressing
sight to see tlie poor man in the most'agonisedbtatt',
h.::waiting his loss, and I:linen:log hip dear wife
and family ; and he could not be pacified till home
gentlemen who happened to be at Mr. Gray's Ta-
vern, and ran immediately to the -spot to render
what assistance they could to the-unhappy sufferers,
colletled the whole of the family, and tranquilized
the frantic father.
Mr. Covey, Surgeon, of this town, passing
through. Harborne soon after the accident, very
kindly tendered his services, and we are happy 16
find that none of the family (except the eldest
daughter) hove suffered any. very material injury.
The gentlemen before mentioned promoted a
smhll subscription for the immediate Wants of the
unfortunate family,, to enable theta to repair their
house, and replace their furniture.
The fall of the roof had in part broke through the
,cieling of the kitchen, and the chamber windowr
were literally thatteted to pieces. The friends and
neighbuors ot the unhappy sufferers. must humane-
ly ai,,isted, and seemed emulous who 'should lodge
the family till site!) time as their house could be pro.
lepairod.

The Tunnant, on her passage home from Lisbon,
boaded st . Poraignese frigate, from Rio .Taneiro,
which communicated. the intelligence that the
Prince Regent of Portugal was about to leave that
place for Lisbon, and it was supposed was then cin
his
,voyage.
A nurriber of mock notes, for a penny, fabricated
obviously in imitation of the ONR POIII4-0 notes of
the Bank of England, are at present in circulation.
After the words " for the Governor and.Comparry
of the," the words " King's Benclt and Fleet' are
insetted in an upper line, m very small characters
and, tkremainder of the sentence concludes " Bank
in (MAO of of) England." The hackney :coach-
' men are the principal putters au' al these notes. A
person who asks change of a two pound nate from
one of these gentry, I:articularly at night, tatcly
escapes being cheated.

RD ft int IS, of No. 4, Martlett.c4surt, liow.sitret t aral
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