The Sun.
London, England, 1811-08-09 00:00:00

LAO itLPORT.

CDURT OF CHANCERY, AuG. 8.

HUDDART ,i). 110t4eVIRLD.

rSit SAMIJELRovit,Lty moved for an injunaien•
in' this:catise, to`prevent tho freighters of the. ship
Ocean trorn reieeving her pirgei until..ihe loss of the
should be 'made good.' It appeared that
ilia 'plaintiff,. was, ape c.ff the freighters, and the
deferviairt ihein.Oner.. On the ship's passage hoMe '
tram Buenei Ayres, she enconnieled a galeof wind,
and was .oblige,d .
`to he lightened by throwing -a part
of the'eargo overboard, which part-belonged'-to the
plaintiff. The. Learned Counsel co!dended, that
the loiteneght to fall equally upon all.the'freighters,
as the losi of the plaintitr't geods saved the remain-
der, and even the ship. - It' was true that" the master
Of the ship had Circled to give a bond of indemnity
to the plaintiff to eay whatever sum. niight be award- •
ed'hirn by the deciaion of .aniarbitration. This he
refuSed; because he did., not consideuthe master's
bond as good security ,as a lien, orethe,cargo ; besides,
he old not.knovie What power they had to oblige him
to'consent to an' arbitration„.when the laWs of
,the
country 'were. Open to them. ;Under those con-
siderations, he trusted that his Lordship would grant
the inj nnet
Mr. LEACH, Vounsel for the defendant, said, it
was a' motion" of' a *most novel nature: Thew was/
no preCeilent far .it 'on 'record. By the mode of
settling -writhe was offered to the plaintiff, he could
siistain no damage. It bad been the.pradice from
titire'iminethorial, that vihen as joss occurred to a
freighter, and, there were a.number of them, that
they jolinly gae their, band to the master. to be an-
swerable for the. loss any .indivititiai Might. sustain,
winch they had' all dune •in this ciao (eiscept the
plaintiff"), and the toaster irt return gave his bond to
each Jibighter to pay him his itidiViduid loss., That
this en.torn had beep-recognized by the Geutlernen
aLlayd'l,Cotree,,house hsestablishment.—
744 the derevciaot: ad. otlerect.to,reaVe it to the
dee.sion in say two Gentlemen, toembeis of-Lloyd's,
eased oativer,iant. with commercial business. His.
tordShip itild.see the danger •tiirgraniing the mo-
tiamsv a.ked by , his LearneiriPrieriii. The cargo
wnisi& nay.llo lay in the .I.esedrin. OEks until this
cause was d-cided, and it rolgiihiliiivitely turn out
as it did in a cause a short': timilliback, that the
charge for stowage, at the end tit tltr suit, amounted
to more that; the value of thegoOds. Trade in a
great mete:ere was governed by cusfom and usage,.
and in some instances they beeame
_the' law ; or at
least the opinion of Judges were guided by
them. It Was *necessary that it should be the case,
Or if. was itrVO.Ssibl.' (tat: ,the L(.lislature could
Weide for every circumstance that may. occur in
commerce. But even if his Lerdship should think
the motion ought to. be granted, it, would not
avid, skate grater partof 'the goods Were deliver-
od to the heighten ; and it seutildrint.be contended,.
that tlierecoulsibe a lien on:them, Of* they were
out of the custody of the defelidot, ke had not a
(Pelle but iris Lordship would fcel liiiiise!t justified
jn disrinsiinc, the Motion.
bit
SANtuLt. RUNIULY said his Learned Friend had
etemplaiped of the novelty of the motion; but lie
must tonics* lie never heard a more:novel argument
than flickr onidc:t use of by. him, to. tell a C.:ouri'''or
tinily than they were to be guided by the regula-
tions of Lleyd'e Coffets-Goose:. He did not doubt
but the. ii etubeis composing' that body mere. very
proper persons, and very well calculated to per-
feral the duties 'incumbent on them it was, how-
ever, the first time he had ever heard them charged
With understanding equity. Another afgument of
hide Learned Friend's was equally fallacious, thaCthe
greater part of then, goods were delivered ; allowing
it to be so, hefasked far an .ii, junction 'DO the re-
'minder to est*.blish the /Wit, 'With .I.i.unible sub-
mission to his Lordihip he inUst be entiged to his
motion, without' he would, go
,so far apcl .say, that
the defendaet. had 'a right to enforce the plaintiff
into rebitration...

The Lotto CnaNcELLOanhserved, that be would
not admit
,that,e;ther a Court oi Law or Equity on
atty ocqsion should be. Wholly twided by the Reso-
lution of a par, of triers who met at Lloyd's 'Coffee-
bou,e. Tilts certuinlY was a question of mUch,itn,
luvtaitce, as it iloneerned the convenience or incon-
venience of the commericial world. 'The impression
then 'on his mind was, that the motion should be
dismissed. It appeared clearly to'him every fair
security was' offered to the plaintiff: As to the
quettion; holier the. defendant ''6l.llCforre the
pleintitf to an arbitration Ihe Wobld'iay but it
mast come "to that'arlast, 40*ertaiti what loss the
..- . . •
pl./m.o4r had sastamed, or it must bebrought before
e'jtirytor that purpose: It was ' new and it
was centesSettby the Learned CoUnsel on both aides,
that theY'could not find' , sittlitar MI6 shire 'the
commencement of. the world, .They ought not,
then, to be surprised that he could not decide itinue-
4i4tely.,; he would turn it in his mind, and give lair
itapinion in a few dap.
E...

`Gast week a man, genteelly dressed applied to a
boatman at the Qid Gun .Wharf, PI) mouth bock,'
tor hi 4 boat, :arl desired him to row 'himthrough
Tis.noirze, and rourid the French prison Ships, gat--
Ong to tea i,iiertirtitait„ that he had been a good ..cus-
tomer to' another of the prole4io9 who, plied-at
Nekton cove, but Wlitit was then 4bsem. The boat-
him through-the shipping and
round the harbour lauded him at 'Stonebees°, and"
4a'ordered to attend him at Ins lodgings .the,n4xt
day, at that place to receive his money. The man
cOed several times without 'finding him, at home,
Vut a kW 'days after the stringer acechted him et
the water side, and desituditim to. row. him on the
following 41 (Sunday) through the harbour,, as
before. The 'man tifsed, saying that lit pet:Fr
worked ou Sundays. The stranger then asked him
frit. the baitr only; winch was refused: the.. latter
then 'addressed himself to another wait:ruin), ta.4
ciffeted hfim five stiitl tips tor the use of his boot),
lathichl Was accepted. The boat, howttyttr, vas not,
hespi‘if for several days, until it was brought
Plymiiatb byiEctitter. It. appeared that the, stranger,
whoever he maybe, sailed -with tLc boat to Sal-.
conthe, pdratased a compass there, and stood out to
sea : beingpursued„.hdwever, by the Salcombe boats,
hia was'stopped about mid.clijitniel, and is now de-
Wired an board tiro flag-ship, in kiamoaze.

Minted by PI CHAKE
Surf OitinCa, iS