Star.
London, England, 1805-07-30 00:00:00

LAW IA7ELLIGENCE.

WILLIAM SHEPHERD V. JOHN GRANT.
This was a Writ of Enquiry of Damages, exe-
cuted before the Sheriff of Buckinghamfhire, on
Wednefday the 24th of July inllant.
The Plaintiff is a millwright living► at Woburn, in
Bedfordfliire ; the Defendant is a wharfinger, corn-
factor, &C. living at Leighto9•Buzzard, in the fame
county.
The action was brought to recover a Bill dne from
the Defendant to the Plaintiff for part of the machi-
nery belonging to a threfhing mill made by the
Plaintiff for, and delivered to the Defendant.
The Jury after a hearing of upwards of three
hours, found a Verdi& for the Plaintiff—Damages
4sl. and full colts.

CCURT OF CHANCERY, JULY 19.
TM! DOER OF BEAUFORT ♦ND OTHIRS V. SMITH AND

R. M. PHILLIPS.
4
The Plaintiffs and the Defendants are proprietors
of collieries in the neighbourhood of Swanfea, in
Wales. This application to the Court was on the
ground of an incroachment by the latter on the mines
of the former.

. .
Mr. RICHARDS, forthe Plaintiffs, applied foi an
injunction, according to the prayer of the bill, in this
cattle. This reference to the Court was fupported
by the affidavits of John Morris and Thomas Lock-
wood, Efqrs. in which the following fads were
Rated : In 1754 the late Duke of Beaufort was idled
lin fee, and the prefent Duke is now felled cf tome
collieries adjacent to, and beneith the bed of the lir-
ver Towye, to Glarnorganfhire. From 1770 to 1777
they were worked by Mr. Lockwood, and futile-
quently by Lockwood, Morris, and Co. Mr. Smith
had certain Other coilicries adjoining,called the Land
Ore Works. The proprietor of the latter; inflead of
confining hitnfelf to his own dillriet, penetrated into
the fubterranean track of the former as catty as the
year 1773. In confequence of the obliruetion from
this, and various other tattles, the works of Lock-
wood, Morris and Co. were difcontinued from the
year 1795 to 1803, when thefe gentlemen were de-
tetmined to remove all impediments, and for this
put pole erected, at their man expencei an immenfe
pump machinery, called the Land Ore Engine.—
This was competent not only to drain their own
works, but alto the contiguous collieries. Pollerior
to this, Morris relinquiffied the concern with Lock-
wood, when the fame ititerefi was managed tinder
the firm of Lockwood and Cotton. Dating the
fublittence of this connexion, Mr. Smith, the heir of
the former proprietor of the Caine name, transferred
either a part or the whole of his concern to Mr. Ri-
chard Mantel Phillips, one of the prefent Defendants,
who, notwithltanding repeated notices given to him,
had continued the incroachments, and had conde-
fcended to give no fatisfadory anfwer. The conic-
(pence of there inroads was, that there was a prodi.
gious flux of water into the mines of Marrs. Lock
wood and Cotton ; a vaft preffitre was oecafioned on
the Land Ore Fire Engine,. and it was apprehended
that the bed of the river Towye would be wholly
abandoned, and the waters would enter thefe works,
converting them into a refervoir, and occafioning
their utter deftruaion. The interelt of Med-I.s. Lock-
I wood and Cotton was eftimated at no leis a Turn
than too,ocol. and they were enabled to fupply 200
ehaldrons of coals a day for the ore, and Insetting
works in the vicinity. Not only their own concern.
but that of the copper and tin works mull, in a great
degree, depend upon the decifion of his Lordfhip.
The objed was, that by the interpolitioncfthe Court
no further iucroachmcnt might be made, dangerous
to the exillence of this important eltabliffiment.
After his Lordfbip had dilated the injunction un-
til further orders, Mr. ALPIANDER and Mr. Fon•
BLANo,yk received,hy the pelt of the morning, inltruc-
tions en the part of the Defendants, on account oft
which they implored time to anfwer the matters of
the affidavits of the Plaintiffs.
The LORD CHANCrLLeit ••••44 Let the matter come
on again on Thurfday morning. In the mean time
you mull difcontinne thole works. According to the
comic of the rr;:ceedings of this Court, I might have
granted the ii.junetion ex parte ; for the affidavits
Itate, that the abfolute deltruaion of the concern,
from the inundation of the whole bed of the river,
is the probable cfinfetinence. Their care is, that you
are the owners of the adjoining collieries, and that
you hare penetrated into their track long before the

- •
dircovery of any encroachment was made : then,
that you are finking pits under the mat: of water
from the Towye ; and that the effeet will be, that
both your collieries and their own will be deftroyed.
1 have known many irillance4, where the proprietor
of-one colliery would dellroy both his own and his
neighbour's, if lie were poffeffed of another adjacent,
ht:t expofed to the fame catallrophe."
•
THOMPSON AND FOR SHAN V. BONN.
The Plaintiffs and Defendant were in partnerfhip,
anti were proprietors of the Red Bull What& and
alto of a certain iron-mill in the neighbourhood of
London. , The Defendant had taken poffeffion of the
books and of the premiles of the concern, for his own
exclufive benefit—and the motive of this application
to the. Court was, that a receiver might be put upon
the eßate, and that the Defendant might be dif-
po ffe fled.
Mr. PIGGDT, for the Plaintiffs, raid, that they had
called upon the Defendant to thew how 7sool. which
waa io be his (hare of the capital, had been paid, and
that he had reftifed to give any account of the fame,
or even to furrender the books. Meffrs. Calvert and-
Co. had bought the premifes, and had offered to,tray
the porchafe-money, being 23001. into the hands of
any perfon the Plaintiffs and Defendant Mould nomi-
nate, but fhe money was withheld, becaufa the Pe,
fendant required.it to he paid into his own hands
and would appoint no common truftee. The' bill'
prayed that the partnerfhip might be declared to be
dilfolied in June fall, and, betides the nomination of
a receiver, fot:ght an injunetion to reftrain the De-
fendant from proceeding under the partnerthiii cre-
dit, and wills the partnerfhip effects. . r
Mr. MARTIN, for the Defendant, offered, that the
partnerfhip firm fhould not be employed, and that
accefs to the books thould be granted to the Plaintiffs
if time to anfwer were allowed.

The LORD CHANChLLOR—" I am ready to give
the Defendant time, if he will snake me quite fure
that no mifchief 111411 be done in the interval. It is
hard to put a receiver upon the eftatd. Ido not
mean, that the Codtt will not do it in certain cafes,
but it diflikes fo to aft, until both the parties have
been heard. Let things remain in their prefent Rate
and this motion mdy come on onThurfday morning."

THE DEAN AND CHATTER OF WESTMINSTER V. H.
CLARKE GRANGER.

The DefendantheldceQinleafre under the. Plain
tiffs, and reference to the Court was now had to
prevent his diftrainingupost the tenants.
Mr. Roatit.t.y, for the Dean and Chapter, raid,
that they were entitled to certain houfes in Weltmin
(ter, and they employed a perfon of the name of By.
field to let tome of theft premifes for them.' The
Defendant applied to take there leafes, when a dif
pate arifing refpating the colts in preparing the deeds
nothing regular was done in the butinefs. In the
mean time, the Defendant thought proper to receive
the rents of the tenants, although he refilled to pay
the fines, or even to accept the 'cafes. Under there
circumffances, the Court would deem it to be right,
not only to ratrain him froth receiving the rents, but
to order him to bring the money he had alieady re-
ceived into Court.
• Mr. RICH•RDS, for the Defendant, fait!, he was
avrare of no oblation that would arife to the pay.
mint of the money into Court, for it was now inac-
tive and unproduetis'e at the bankers. There was;
however, a difficulty with refpeet to the leafes, whe-
ther the Defendant Ihould be liable to pay for one or
More. A claufe in them was likewife diffatisfaetory,
whin% Was, that they (hould here:Ay:fatle forever at
the plcafure of the tell-ors.
The LORD CHANC LLOR•-•-" Such a covenant would
be bad in law. I dare fay, there would be no diffi-
culty at haft with refpat to this before the Mailer,
' for he will not infert a covenant which by the flatutt
is void. Pay the Money into Court, and let the
Mailer enquire, and report as to the expellee of the
leafes—and the mode in which this charge than be
clef:aged; can be determined afterwards."
COURT OF KiNG;S BENCH, JULY 27.

LUBBOCK V. CL•GCATT.
Thii was an anion upon a policy of infuranCe on
the fchooner Speedwell, from Gibraltar to Marti-
nique and Trinidad and back, with liberty to touch
at all or any of the Welt India Elands.
The SOLICITOR GENERAL,. for the Plaintiffs, faid,
this anion was brought againft the underwriters, in
confequence of a lots which took place in the courfe
of the voyage. The Plaintiffs were then of the firft
honour anclintegrity—tliey were the agents of Mr.
Yoxden, of Gibraltar, to whom the (hip belonged.
The lots happened in t Bot ; and it was neceffary, he
thought, to account for this great delay in the pro-
ceedings. The Plaintiffs and Defendants had put off
the trial from time to time, on account of the abfence
of material witnetfes. The Defendants having made
a molt ferious charge againft the affred, it was ne-
ceffary for them to have evidence to rebut that charge.
An affidavit had been made in the Court of Exche-
,quer by the defend:int, who fwore, that advice hav-
ing been received at Lloyd's, of the loft of the (hip,'
in Rofea Bay, Gibraltar, art advice WAS alfo tranf-
mitted by Lord Cochrane, corroborated by Captain
Hood, both of whom were on that Ration, Rating,
that the lots was nut owing to the wind or tide, nor
any thing elle which might not have been avoided.
This notice was put up at Lloyd's, in confequence of
which, all the underwriters refuted to pay. The
Plaintiff wrote to Lord Cochrane, reuelling a full
explanation of the fan—but his Lordfhip never
thought proper to fend him any anfwer, In they were
left wholly in the dark upon the fubjea. Thu he
thought a aviation of ionic hardlhip.
The Defendant, Mr. Ctaggatt, the Learned Conn-
ie' declared he knew to be a man of honour and re-
fpeaability ; he did not mean to impute any thing
elle to him, and he foppofed he had taken it for
granted, there *as tome truth in the charge ; how-
ever, he could have availed himfelf of the benefit of
Lord Cochrane and Commodore Hood's evidence.
Authority had been given to examine the former,
who was gone abroad, upon interrogatories, and the
latter, to his own perfonal knowledge, was no in
the kingdom, and might be brought fotward.—The
property on wnich this fraud attached, he olaferved,
was the fhip, valued at 29001. and the cargo, at be-
tween 4 and scool. She was infured out at a pre-
mium of 25 guineas per cent. She arrived hale at
Trinidad, where the was configned to Mail. Remier
and Batrenden ; not bring able to get a cargo there,
the proceeded to Martinique, where the took in her
cargo, and failed from thence ou het voyage home ;

' Simplon and Company, the Agents of IMr.-
Yozclen there, then direCted the Plaintiffs to effea
infirrances here, fo as to cover the premium ; this,
he obferved, was rnirterial, when fraud was charged
upon the party. The Speedwell made the Gut of
Gibraltar, on the 15th July.; and, on the 115th, the
found herfelf clofe on the Item of his Majefty's (hip
the Carat.; the hauled dole up, and, at the moment
her anchor tripped, a (quail came on, and turned her
on the rocks, when the went down; two boats came
to their affinance, hut all exertions were vain. It was
not only the property, but the charaCter of this Gen-
tleman, which was at [take ; for, if he thould be
found guilty of fraud, he never could (hew his face
in the mercantile world again. He had fummoned
all the Naval Of who were upon that Ration at
the time, 'whom he could find ; but, by an unfortu-
nate mi ilaire, Sir James Saumarez (one of them), who
wasilationed at Guernfey, had not received the per-
miffion from the Admiralty in time ; he was expert=
ed ; however, he hoped, to be able to do without
him. But there was one moll calamitous circum-
ftance, which, he Paid, mull put the cafe beyond all
•doubt ; this was the poor Captain, who had got zoo?.
in a venture .on board, uninfured ; this went to the
bottom, and with it he loft all he was worth in the
world. The policy was not a valid one, hut made/
as ,intereft• might appear ; the Wrier, Mr. Yozdeni
had no communication with the Captain, nut in the
prefenc of the Revenue Officers, who tame on board.
It therefore was clear, that there was no collution be-
tween them •, he could fee no earth!), motive for
laying the veffel was purpofely call awl'', and under
all the eircumilances, he could not fee hOw fraud
could be implied againft the party.
John Wooden, Matter Attendant in his %jelly's
bock-yard, Rated that he was at Gibraltar at the
time the Speedwell was loft, about ten o'clock in the
morning,, being on board the Cafar in Refea Bay,
it blew a fretb feather-edged gale, a violent wind
fprung up fuddenly, and he law the Speedwell lying
on the rocks under the Medules quarter (a wreck
lying in the bay). A boat with trawlers was fent
from the Superb to her affiftance ; and, notwith-
(landing
,every exertion, owing to a heavy fwelling
lea and rocky (bore, the could not be got off; in con-
fequence of which the bilged and filled with water :
the cargo aas fugar and coffee. He was on board
his Majetly's (hip the Medufa when the went dawn,
in a fimilar way. He had no doubt, under all the
circumftances, that it was an unavoidable accident.
Therwtather was fo rough that he could fcarce get a
beat to bring him on (bore.
Captain Crawford, of the Royal Navy, Rationed
at tilt Dogger Bank, gave limilar teltimony. He
law tht Speedwell getting under weigh; he perceived
(he intended caning off (bore; but whether, from a
fudden flow of wind, or a current which prevailed,
he could not fay : the cal} off her head, but the
breeze being freth and fudden, it brought home the
anchor ; I ('quail of wind took her abaft, the drifted,
and let go her top-fail halliards ; (be then let go
another cable, but the ground being bad, and deep
water, the anchor dragged, and the was drifted on
(bore.

Captain Roby, of the Czfar (Sir James Saumarez's
flag-lhip, who was Commander in Chief on that Ra-
tion), gave a fimilar tefiimony—they all agreed that
It was an unavoidable accident.

Captain Potts, mailer of the Speedwell, gave firni-
lar evidence ; he further added, he had 72 bags of
cocoa uninfured on board as a venture of his own ; he
had corne out of a French priforf the voyage before.
and this was every farthing he was worth in the
world. The fhip and cargo were. Mr. Youlen's
property ; he was obliged to perform quarantine.
and Mr. Y. came on board at the fame time that
the Revenue-officers came in their brattock-boat ; he
only waited to make enquiries as to his paffage,
and he informed him of the death of his nephew.
who went out fupercargo. On his crofs examiria-
tion, he Paid he took out fruit, wine, &c. he took out
his clearances for Cork, as'he could not clear for Gi-
braltar. He had letters of marque out and home berag
licenfed by Gen. Kepple ; he picked up no prizes; he
had no luck but bad luck in a bad paffage ; he never
chafed, his orders were again& chafing.
The other peceffary proofs being put in, it appear-
ed the total 101 l amounted to 83231. 75.
Mr. ERSKINO, for the Defendant, contended, that
the Plaintiff fhould be nonfuited. On the back of
the policy there appeared a memorandum which did
not require a (lamp, made fubfequent to the time of
effefting the policy; this was a clank againft all Wks
whatever, Btitifh capture, detention,&c. included; tor
which an additional premium of five guineas Was
given. By this the policy was avoided, and by the
raw it became vitiated. The voyage was altogether
illegal, and the fhip might be captured by any of his
Majefty's cruizers. She was a veffel not failing with
any European goods for a Britifh port, hut Wedlndia
produce to a garrafon town ; and t well aware were
they that the voyage was not legalifed, they took out
their clearance for Cork. By the naval laws of England
from the I zth of Charles H. it vris enafted, that
from the t 2th of April, 1661, no fugar, coffee, cot.
ton, ginger. &c. of the growth of any Englint plan-
tation in America, Alia, or Africa, fhould be carried
to any other port, than to fuch ether plantatioes in
America. Afia, or Africa, or to any of his Majefty's
ports of England or Wales, on pain of forfeiture of
(hip and cargo ; and Parliament had put fuch a con-
fltuftion upon this Aft, it did not apply even to plan.
tations in Europe. He therefore contended, that in
as much as Gibraltar was not a plantation, but a mere
town and garr;fon the Plaintiff muft be nonfuited.
The SOLICITOR EItAL replied, that the originat
contra was not vitiated by the fubfequent one, and
upon that ground he confidered the Plaintiff fhould
recover.

Lod EcLonsottouctt—" The quetlion is, whe-
ther the agreement is valid in its original conftrue-
lion ? I think this point well worth referving. Gen-
tlemen of the Jury, if you are fatisfied it was a fair
lets, which I think is now admitted by the Defen-
dant, you will find your verdift for the Plaintiff, the
other parts of the cafe remain for more ferious and
deliberate difcufficn hereafter."

Verdi& for the Plaintiff 851. 16s. 23. fanjet to the
quertion of law.
Three other eanfes in the lift are to abide
of t"is goeition.
- At the moment the cattle was decided, Si
Saumarez, who had come pal, was am
after the ufual compliments, Lord &saw
informed hies the event of the trial, and he

SIM=

the•event
Sir James
mounced ;
• moamycia
e retired.