Star.
London, England, 1801-12-21 00:00:00

DISTRIRUTION OR PRIZE MONEY.

I.a Pats oraxrz, for the capture of the brig
Norp, will be paid on Wednefday the aid inflant,
at No. 3, Salters' Hall-court.
The INDEFATIGABLE, for the capture of the
Heureuz, will be paid at Salters' Huli-court, on
Thurfday tile z4th inflant.
La ViaoiN is, for the capture of the Indian
Chief,will be paid at Salters' Hall-court, on Thurf-
day the Lill inflant.
The AN son, for the capture of the Swedilh brig
Pomona. will be paid at the fame place, fame day.
The hired cutter Srac, for the capture of the
Poiffon Volant French privateer, will be paid at
No. 12, Upper Thames•ftreet, on Thurfday the
24th.intlant.
To the CAMILLA, fur the capture of the Jenne,
the Speculation, and la Vigoreux, a difiribution
of the Enid prizes will be made on board the
MILLA, on her arrival in port.
LI vaa root., Die. 17.—The Mary Allen, Sit a-
RATT. from hence to Malta, was taken in the Gut.
of Gibraltar, by two Spanifh privateers, after a
gallant aaion of three hours.
The Hero, KA/iLas, for Lubec, is drove into
Oftend, leaky, and mull difcharge.

Arrived--Dartmouth, Orr, from Imam at Louisa; Marla,
AMIN, from fusee at Jamaica; Fame, Trott • Refolutkm,
Pride and Fame, Lewis, from hence at BodoHantonio,
Moulton, from hence at Portfmooth, New Hampfldre ; Royal
Edward, Flannamm, from lames at St. Vincent ; Swanwick,
Klrkbricle, from bane at Bourdon]: ; Mary, Small, from hence
at Virginia; and Ocean, Howland, from lame at New York;
Good latent, —, from Wilmington, at Cork.
FROM LLOYD'S LIST.

DIAL, Dec. ea—Arrived and failed for the River, the Car-
lew, from Baltimore.—Wind S. S. W.
°any' fs MD, Dec. am—Paired by the Seringapatam, DAY
from the South Seas; Friends Adventure, BROWN, from
Lifbon; Arida). Hero, —, from Dontsick ; Piercy —, and
Supply, Brom, front Stockholm; Paris, —; 'lobelia,
Raonzaicz ; John, CLoss ; Comoro, Nicnoa.sost;
—; Laforey, Taos/iota ; Metros, Rock; Mandford,
BARER; Frialabip, SIMKINS; Catharine, • and Fith-
burn, WARD, faont f'
burn, ; Valiant, —, and Elizabeth,
HOPI'S". from Gibraltar ;Curets Erwagting,— • and Elbe,
LA outmost s, from Hamburg's; Charlotte and Either,—,
Diana, W ; and Alfred, MAIN, from Waterford; Men.
eury,M , fromNowYork ;Farne,Wa SII INGTON ;and Faroe,
LAW, from Virginia.—Sadied the Ceres, —, for Barbadoes;
Sifters, —, for Chasidim ; Loulfa Henretta, Jere, for
Surinam; Soszscip, Sets, fur Tortola; Nancy, —' for
Newry; George, —; Golden Grove, Caeca; Indefatigable,
; and Mary Ann, —, for Jamaica.

ARRIVED.

le the Downs—Helm Brown, from Narnbargh; New Jer-
fey, Cooper", from Philadelphia; Malden', Thompfon, from
Umerkk ; sad Atlanta, Tuckcr, from Balteore.
At Dover—Oaavia, —, from Virginia.
At Cowls-Ada Deer, Pro*. from Bel
At Pordlhootb—Hope, Peterfon„ front
At Ofteed.—Newico, Riley, from

LAW INTELLIGENCE.

ceuRT OP KING'S BENCH, DECEMBER 17.

t•NEIW 7. )OLTON.

This Was an aaion on a Policy of Infurance,
upon the (hip Lord Duncan, at and from Shields
to Hamburgh, and which, in confequence of be-
ing driven againti Bridlington pier, was diunapd.
The only qualms was upon the lea-worthinefs
of the (hip.
Mr. ERSICINC, who led the caufe, Rated, that he
thould prove her fee worthy, and that a man, hay-
int; a rotten tooth in iris head, might as well be
Paid to be unfound, as a flip perhaps with one or
two bad beams.
It appeared in evidence, that the bad bees
Branded near the Humber, in July tiloo, and that
(he was then Told on the &rand, as the lay, for
soil. Several witnetfes were called to prove her ;
a. '
in a fea-wortfiy condition after that time.
CI
Hewfon faid, he and a Mr. Johnfon pur-
chafed in Oaober, t 800, as the lay ftrandcd.
He had her afterwards examined, and found her
timbers and knees in good condition ; her floor
timbers were 'found and ftrong, and in his opinion
the was capable of being made a fea-worthy thip ;
the was fully repaired at Hull, and afterwards was,
laden with a cargo, of the value of to,oool. be-
longing to fifty different merchants of that places
The caufe of her being Branded was, that her
chain plates were too high. She colt 8571. re-1
.pairing and fitting out for fea. Upon crofs-ers-
Mination he faid, that not above isol.bad been
expended upon her hull, and admitted that be
had not fees the fide timbers, and thofe unda the
main deck.
J. Sheppard, Shipwright at Hull, tepaired the
Lord Duncan after the was purchafed by the laft
witnefs. By his direaions he took up her cielings,
and found her floor timbers very good. He
thought her fit to be repaired, and eafy to be made,
fea-worthy. He repaired her, but had not an
unlimited order. When the left his Dock, he con- ,
fidered her as a fea-worthy (hip. Upon crofs-ex- I
amination he faid, he did not fee the fide timbers;
he did not fee the beams which fupported the
deck ; he could not fay that the knees, which held
the fides, were not rotten.
Fr. Ellis, Shipwright, taw the (hip coming into
Bridlington Bay ; it blew a firong.gale, and the
Bruck her head again& the pier ; it Rove in her
bow, and the blow was diffidently violent to have
deßroyed a new Clip. This was on the 15th of
January laft. He was afterwards employed to
examine her. They took up to feet of plank in the
deck, and found her timbers in a good Rate, bet-
ter than couldbe expelled.
John Simpfon faw the Chock againft the pier, it
was fufficiently violent to break the timbers even
of a new Tail He was one on the Convey after-
wards, and he thought before the accident the was
a fea.worthy Tad.
R. Vickerman, another witnefs on the furvey,
gave the fame teftimony.
Was. Stedman, the Captain, and Dutchman,
the Mate, (aid, they failed from Shields on the
soth of November, laden with fuser and coals for'
Hamborgh. They went to the Humber to join'
convoy, and put to lea on the 7th of December;'
they continued tome days with convoy, when they
were kparated by thick weather; from the time
of feparation to the i sth of January, they had
hard weather, and (hipped a great many fem. dur-
ing ail which time the 'hip behaved as well as a
ftup could do ; the gale continued three el foot

days, and if she had not been fea-worthy, (be col
not have behaved fo. The u inlets then (fated, tl
in making Bridlington Bay, they Rove in the bo
by running again(' ;he pier.,
The ATTOINET GINPRAL, for the Defends
in allufion to what Mr. Erfkine had faid, ohfe
ed, that he would not call a man unfound who 1
alertly one rotten tooth; be would not even
fume again& the neighbouring teeth : but if
could thew that all the teeth werc gone, that
eyes were failing, that the note was dilapislat
that the liver was bad, the lungs worfe, and
bones broken, he furely might aver in fuch a a
that the man was an nnfound man ; fo it was w
the fhip is queflion ; he had evidence to (hew
was in an equally had condition. In order to
this, he called feveral witnaes ; the fir& of win
was

Thomas Wilfon, who faid he bad been a Sh
Wright fifteen years. In May, zEtoo, be wort
in Mr. Woolcombe's Yard, at Shields. The
fel in queftion was then brought in to be alter
from a galliot to a brig. The witnefs then
fcribed the Rate in which the was at that time,
Her timbers were all decayed and rotten.
bored feven holes before he could get into i
timber to fatten the chain plates; two bee,
were very bad near the main-matt ; leveret oth
were bad. He told Mr. Pearfon, the then fee
er, who faid, never mind it, the matt be fit
up for Ede ; five knees were broke, and it wol
have colt goal. to have put her in a Rate of
and Lea-worthy repair. Not above 14al. was 1
out upon her.
Two other witneffes, workingin the fame ye,
gave the fame,' or rather a worfe account of
condition of the vac'.
Peerfon, formerly Matter, and part.ow
of this refit, the Lord Duncan, faid his co-own
Ipurchafed her in mg. She was taken into WI
combe's Yard, as above defcribed, to be ropai
for fate. They could not fell her, and the wen
Newcaltle in ballaft, from thence to London,
a cargo of coals in the latter end of July, lag
She made another voyage afterwards, but meet
with bad weather, he was obliged to put
pumps to work, and took in canvas to cafe h
the next morning after the gale began, he
apprehenfive for the lives oft= crew and ran
upon the Humber Bank. He fold her there,
the lay fit-ended for toll.
Mr. Robinfon, who furveyed her as the la,
the 'Humber Bank, raid her timbers were ro
and decayed ; many of the broken parts had I
filled up with mortar and puny, and painted
to hide the defies. The hull was a mats of
pieces.
Mr. Easlins, in reply, laid, that this (hip.
all the rottennefs and unfoundnefs attributed
her, was now in the Baltic Trade. Then ad
ring to the allufion of a defective human fram
ufed by the Attorney General, be laid, if eve
many DoSors had ttated a man unfound, an
having no teeth, bad eyes, dilapidated not,
ten lungs. and broken bones, he thould ha
believe them • if he were to meet the w%a.
whom they fo' faid, welting upon the It 4
Exchange. If he were to go to Durham
find him again in that place, he fisould Rill
be inclined to believe thofe learned Gentlem
fo it was with the (hip in quettion. The Wit
fes who gave her fo bad a character, faid, it
impolEble the could go through any bad weal
But how Rood the fact ? The Captain had
them, that the behaved as well as (hip could
for four days of revere gales, and at lag met
accident in a (hock which would have had
effect of Raving in the bows even of a new-1
(hip. The weight of evidence be contended
on his part. and entitled him to a Verdict.
The Jury, after a (host deliberation, return
Verdift for the Plaintiff.
Die. 18.—ROSSONI o. SILLIEST.
This was an aEtion by the Affignees of a B
rupt, to recover the (hip Mary, as part of
Bankrupt's property, from the Defendant.
The material faits in the caufe were admit
the only queflion was—Whether the Came.
deed of the (hip was according to the direeic
Lord Liverpool's Aft ?
Mr. AT roan ay Gin saes called a vintners 1
the Cullom-bottle at Newcafile, to which Por
(hip belonged, who proved, that there was no e
there of a transfer of the (hip from Robert B 1
the elder, (the Bankrupt) and that no Copy
Bill of Sale was tranfmitted to that Cultom-h
Mr. ERSZINF, for the Defendant, Rated,
he bad the admillion of the Bankrupt, previa
his infolvency, of the exigence of the debt, u
his Lord(hip would inform:the Jury was gam
deuce. He would call evidence to thew,
money was due for the Cervices of his fon,
that he proraifed to transfer the (hip in quefiii
payment. He would then thew a regular Bi
Sale, and that the old regifter was cancelled,
a new one taken out at the Cullom-houfe, Lon
Lord /Cameo's obferved. that it would be r
Carr to thew that the conveyance from B 1
Censor to Blakey junior was a kgal conveys
and, in order to do that. it was neediery te
that it was according to the regulations ce
As of Parliament. As loon as that was
the Purchafer might unqueltionably transf
parch:fed (hip from one port to another.
In order to do this, Mr. Duane' called
Gerard, a (hip-broker. and his clerk, who pi
a Bill of Sale. and the Regifter, in the Cu
hank. London. Lord Liverpool's Aft. hoe
directing that the change of property (hot
regißered in the Pon to which the Ihip bolo
which in the prefent cafe was Newcattle, his
thip did not think the cafe was made out.-
did for Plaintiff.

DAVI/ V.
The Arroaaav Cultist listed that the
tiff in this cafe was poffeffed of a large quasi
potatoes at Wilbeaelt, and that the Defendan
traded to bring than to London, and to
fore the lath of Apra. They did not, hot
arrive, and upon enquiry, it was found the lb
delayed for want of a licence. Ships. of api
tar conarnEtion were obit& of &fro" as
!sited for the purpofes of (snuggling t they the
were not allowed to fall without alicenee ire

Admiralty. This flip Was of that fen, and not
having a licenCe, was delayed tilllhe cbolilltet one.
It was the dtity, however, of the Owners to balm
all the neceir.uy mnniMents befin'et* bad made
the contraet. If the cargo had.arkind in due time
the potatoes would haearoldfor t,I. a top ; 'where-
as, by being delayed, they were rotted, and only
6 tons oat of 63, fold at 71. 7s. The reft fold
only for 41. 4s.—This left them a lofs at prince
colt, of upwards of 3!81.
It was propo(ed and acceded to, that a verdid
fhould be taken, and referred to Mr. Gazely to af-
certain the damages.
AIKEN/Mil:11h ROSS.
The ATTORNEY GENERAL told the Jury in this
cafe, their duty wdbld be very fhort, it was a mere
emit of enquiry, to afcertain what was doe for
dead freight ? The ?hip *Ent to Demarari, Under
goasant that nIC Should return full freighted, tad,
The tame time mod )aden; It was only tq aker-
fain htiw touch that deficiency was. '
After *Short converfation awns the Counfel,
it Was agreed to take a verdialsii .063!. faNe.fi
to reference.'

. BOLTON V. GLAD SllOll.

This was an saltion upon i Policy of infutance,
at and from St. Thomas's to Africa, during the
Blip's lin there, and from thence 0. sininab.
Mr. ER SKUI s Rated that the fads Wei-e'iiiped
ittila
on in this cafe, and the queftion, wh , tiethe,*ar-
tanty of enemy'sproperty Was ft 4 , Was a tinef-
tion of law, which they on behalf *Plaintiffs
iv contended had been fettkd in feveril eafes already
before the King's Bench. • • '
The ATTORNEY-G IN [RAI. Rated, it was a gnef.
tion whether the ordinances of particular nations
were binding as to others ? He admitted, that if
he fucceeded, he thould undo many cafes already
decided ; but his °Pnion coincided with the opi-
nion which his Lor4lhip teemed to einFrtaln when
the quelliou was Ara agitatid. H4s.alfo knee,
that high authority: in the Admiralty dburts of
this country vsat-the other way.
Lotct KIIITON hid, thole ordinances might be
binding *tr.& bnt'donbted if they nughi to binl
other &tines. It was Et, hosietter, th'lts the world
Mould innw. that;'different Courts bi-plis country
. _ did not hold different opinioni ttp* the fame quet
tiO3.
• .It ins at length ;greed among the parties, to
take a verdia for the plaintiff, titbit Et to be turned
• into a fpecial verilid, or put in a nape; fo ft.s to
receiVa the opinion of the court of the dernier re-
" fott, if lece Ira Pr„

D&C. 19.
HAMM'S V. MITCHELL.

This was an -Aim for Damages, for aninjury
done to die Pluiotilf's vete' by running a ainit it,
-*c. The Defendant was Coninsandef of a veffel
belonging to hii hiajefty, employed on the Expe.
jition to the Baltic. The Plaintiff by
_this ARton
Templained, that wbil: h 4 trifel.,.caMd die Duke
of CoMberland, was in the River, the Kibg's fhip;
• called the Baur, truvler the command of the De-
fendant, raD again(' her, by which the rigging of
&his vefel was cut, Ice. by order of theptifiridatit.
To WI (tic I:hi:n.l .nt 002eietl, teat it/ Plaintiff's
Ship
.ran againa the Boxeroind therefore the fault
was in theTlaintiffif be had fußained apsy dainve.
Upon this there was 'a new aritsntN.tt . islicarrog
that the Defendant, in extricating the two veffels,
committed an excel's, that is, cut the rigging of
the Plaintiff's Blip unnecelfarily, wantonly and
much more than need he, to extricate the two dips,
which the Defendant denied, upon which ilfue was
joined. •
Mr. ERSZ I enndueed the cafe of the Plaintiff,
and Mr. ATTU/LISSY Geatitat that of the De-
' fendant.

It appeared from the evidence produced on be-
half of the Plaintiff, that the Plaintiff's 'del ran
againfl the Boxer, and therefore there wad an end
of the &If complaint in the declaration. They then
gave an account that the Defendant, who was the
Commander of the Boxer, ordered his men to cut
away, and not to mind if they funk the Plaintiff
and his. rad ; that he would teach them how to
come, another time, athwart a King's fhip ; mid
that they accordingly cut the rigging of the Plain-
tiff's fhip with great elects, whereas they might
have extricated the two fhips by only cutting cer.
Cain ropes, the expence of repairing which, would
have only amounted t 0,305. mlicad of which they
denroyed all the rigging, &c. Here followed a
defcription of the ropes, ike, pofition of the (hip,
kc. from whence this concluGon was drawn by the
witneffes. _ _ _

Several witneffes on the part of the Defendant
(wore, that by the fault of thole who had the care
of the Plaintiff's veil, which indeed was not de-
nied on the other fide, the two (hips became en-
tangled, and that they flood in great peril; that
in fneh a fituation, no more was dime than was ab-
folutely necelfary to extricate the two veffels.
CaptaM Hood, who had heard thc whole of the
evidence on both fides, gave it as his moll decided
opinion that, from the lunation in which the (hips
were, they mutt have both been in imminent peril.
Not a moment vies to he loft. He was fo far from
thinking that any excels was committed, that, bad
he been in•tbe CMe atuation as the w•itnefs de-
Ccribed this. Defendant to be, he (hould not only
hays done as much, but a great deal more.
Lord Kaaren olaferved to the Jury, that as he
seeded, very early in the eaufe, at turned out
namely, that the whole timeline between the
parties turned tire the new arngnment. The
queltion upon which WAS this, Whether, under the
s.ircumilaaces at the moment when this happened,
the Defendait ordeted to be done that winds, tma
man of ordinary prudence, would'have appeared
right at the mosso+ or had wantonly and ems-
eedisrily ordered the rigging, &c. of the Pleiades
(hip. to be cut away,. more than was requifite for
the purpofe of extricating the two vela' r If be
diddle more tbao a man ofordinary prudence would
have thought necedary at the moment, under all
4he danger which chi catcued all parties, he musket
anfweribla. Mr it was not Tfitat a man, upon cool
refladion, might think would have been bell, that
ayes to be espoded of the Defendant in fetch a cafe
as dist the way to judge of it was to think how a
man was likely to as in Inch a iituation. If he was
guilty of any 'annum web. the*, to be sure,

was a nfwerable. There wasno difference ;it this ca fa
between a King's chip and a Merchant fhip. Goo
forbid there ffiould—the law was the fame for
both. If the tables were turncd, and the King's
fhip complained of a Merchant fhip,, and if an ac-
tion were brought by the King (if the King could'
bring an action in this plate, which. bii Lordlitip
Maid he fl[oo]d not atterapt to difeufs at'tfiis ;Mo-
ment), the Jury would be governed by the fame
rule as in this cafe. The tingle queftion was this,
Whether the Defendant didmore than brought
to do, on fuch an occafion as this, in the morosat
of perplexity ? The witneffes for the Plaintifpfaid,,
that he did more than was neceffary to extticate'i
:fe
the chip ; whereas the evidence on tht part of
Defendant Paid, that nothing was don; bin. • at
was necelfary. He found the Court inpor on
of a Rule which he (hould leave entire to his rue-
ceffor. That Rule was, that,when !pielliritis of
this fort came before the Court, the opinion Qfipett
of fcience and fltiU in the nautica' art. was t4en
on the effete of the Md.*, by way of affillance
to the Judge who pretided at the trial. It wits fo
done in a well known cafe by my Lord Mist.
FIELD when Admiral Campbell fat NT his fide.—
He had folldwed that courfe in this ftrial—what
Admiral Campbell was, Captain Hood is, a gal-
hint;able, meritorious officer, entitled to the gr 3.
titude of his countrymen; and therefore be)iad're-
ceized the evidence of that gallant officer by wa
Of opinion upon the effeteof the evidence which
went before it ; in doing fo, he had little doubt
he was right; for he, very much, wanted fuch af-
finance in fuel a caufe. The Learned Advocate
for the Plaintiff finned as if he had withed that
evidence not much to be relied on, not out of
difrefpat to the gallant officer who gave it, but
mere profeffional zeal, the eagernefs of which car-
ried a Cowed further than other perform could
keep company with him, for oftentimes it happen-
ed thatheas and paffion refilled what coolnefs and
refleeion would adopt. Now, he confeffed, it ap-
peared to him, that the evidence of Capt. Hood
was mainly important in this caufe : however, the
jury underftood there matters fifty times better
than he did, and they would find that verdie
which the jaftice of the cafe required.
Verdie for the Plaintiff.—Damages to be corn•
pitted out of Court by a perfon to whom the quan-
tum was referred.