The Sun.
London, England, 1818-07-01 00:00:00

LAW iNTELLICIINCI.,

COURT Qr.(3-I.INCERY, _TUNE 30.

F•UNj)% t)F ;rIi.E.C•W•IiT

. .
fir Aturtatta INs6GoTAirayell 11WL'ordship to di-
rect fita, all persons *hying 'money into, or taking
any stun ont of,. The hinds nfr the Conti., should
leave notice nr 'such 'intention in the-Aeconntaiit -
General's Office, on or heft-ire the 15t1i day of
Angnst next ; and that the bOokS shonlil be closed
ott the 19th of the said nionth; and remain so un-
til the Seal next before Michaelmas' Ternt.—Or-
dered ki:Coillll4.'iy•
"1 he remaining causes heard by his Lordship this
day involved' mere dry legal argument, wholly ttn,
interesting save .to the parties concerned.

VICE-CHAN( ELLOR'S COURT, JUNE 30.

OPRRA-lIOUSR ---WATRR%'V. TAYLOR.

Sir. S. Rotalit.v said he understood that Mr.
Hart had some objections to make to the Or►ter
formerly made by his lionour iu this case, relative
to the exceptions taken to the Master's Report.
The only q4estiou, itt tact, between them was,
whether or not such was the Order, as it was con-
tended to he ? To the second exception a few
words•hatt been added. respecting-the payment of
O'Reilly's annuity.; The Order made by his Ho-
nour bad allowed this, but it was referred to the
Master to en-quire whether he was dead, and at
what time he died, It %rook! rentembered that
the certainty of his being •detid depended on the
certificate signed in France, and' there might, no
doubt, be a iimilariiy of names, hitt the question
was as to the person,.
The Vt:L.-E-CtiaNcrt.Loß-1. meant the Master
shonld review his Report only.
M. MILLS said the obie, !ion of Mr. laylor
was not to the word,* which had been added, hut
that the exception should have at ail been-allow-
ed. It should have, without doubt, been a ques-
tion before the Master. _ .

•
The VICE-CHANCEL-Lon—Certainty it should.
Mr. ItotteaLL then stated that the third excep-
tion was allowed without prejudice to► any dainis
that Waters - might have against Taylor, but not
against the house.
'l he VICE-CHANCELLOR considered this the tette
state of the case, but' he conceived the whole was
a mere question, not of encumbrance, but of debts
between them, as.partners
Some other exceptions were beard and di9pcised
of ; Mr. Bell oht,erving that he itad read over
the minutes of the order, and could find no' ob-
jection to thew.

ADMIRALTY COURT', DOCTORSCOMMONS, Joss
LA VILLE-.DE VARSOVIE.
Sir W.Nl,Se•or-f. gave judgment in this case. He
observed, that this was a question of head-money '
between Admiral Lord Gambier and Lord Coch. •
raise, yvt►ich arose.tipon the destruction of five line
of battle ships'and tyro frigates in the memorable
engagement of liasque Roads, between the night
of the lltit and 12th of April, 180,g. The French
fleet had • beets long blockaded by the fleet under
Admiral Lo,d Gambier, and their destruction was-
ultimately executed by the effective assistance of
five shipsnmler the comniand of Lord Cochrane,
who was so appointed to c.unmand them by the
Ltods Commissioners of the Admiralty, subject
to the orders and conUoul of Lord Gambier. The ,
Learned Juttge otiierved, that lunch credit and
approbation was allowed to be due to Lord Coels7
rane and those acting tinder hint in that gallant
and 'Meritorious enterprize...---The elaiM 'of. the
fleet to the distribution generally,of heatl-Money
allowed for this service was opposed by Lord
Cochrane setting .up au exclusive chino- for the
five ships iunder commamt, whn•were Mime-
diately eugaged with the enemy.
#'lead money
vans' a reward given by the State, and not the cap•
toted property of the enemy ; it was thauwhieli,
differing, troth prize of war, had been generally
awat tied for meritarions services and individual
exertions, and not intended for those who had no
inatnetliate ,share in the succesT'or danger ; and,
in general, ships were •not• allowed to shire
un-
less • brought within. the sphere of action. The
Court, however, would ' not hold that it was ne-
eessary.to measure each individual exertion, or
that its a Conjunct and general engagemettt, which
this `was, that each ship must neeussarity have
joined in giving and recciviog the enemy's tire,
hut tut h portion' as could effect that service, and
with as little effusion of blood as poSsible, the
other ships being perfectly ready to join it
fleCes-
sary. Its the case of the Ripon, that ship was
alloteed to share in bead-money, alibi-nigh tint
joining in the engagement, but Making ass attempt
to join, which had occasioned the enemy to strike
her colours to two other vessels, to which other-
wise the enemy would' not have sorrentlered on
that occasion. The fleet nutter Lord Gambier,
although admitted to be not within gun-'shut of
the enemy, still formed a part of the general, con-
tinned, and cu-operative engagentent, which was
directed tinder the immediate eye and authority
of Lord Gambier, and whd, front the sentence 'of ,
a Court Martial upon his conduct, must he taken
to have acted with judgment and discretiou its the
disposition of the fleet on that occasion. The
question was, first, whether the fleet was not ori-
ginally associated with the five ships, for one
common purpose. Secondly, whether any disse-
verance had taken pl',"iice•, by which, the fleet iould
be excluded the benefit ? The firsli•refetred iN the
original transaction, the blockading on the part ut
the fleet, and their being in readiness, like any ani-
mal of pre'y, had any part of the enemy attempted
to t scope, to he ready to grasp and prevent retreat.
The Learned Judge referred to the correspondence
between the Lords of the Adiniralt y and Lead
Gambier, and next to the disposition of the re-
spective ships, called the Inside and Outside
z,tlittidron. Its taking a view of all the facts and
ctreutuitances of this case, there was no doctrine
could bet found against those principles he took
to be established, upon whit It his opinion Was
tounded, namely, that this was a comimed, con•
Fillet, and co-operative engagement, from its
origin to its final terwinatiou. 11 wrung in that
view, then he was fundamentally wrung alto-
gether ; but he was bound by the (acts to give-it
this character, and as such Co give the fruits of. it
to the fleet, in admitting them to. abate to the
head-money ilwardvd.
Lord Cochranc's Counsel immediately intimat-
ed au appeal frolit• the sentence. . ,