Star.
London, England, 1802-02-12 00:00:00

ARRIVED.

On the Windward Coaft—Mcrtury, Sellers ; Lancafter, Wit-
hams ; Ariadne,'Mallett; Sitters. Sinclair; and Mary, Ball,
from Liverpool.
At Briltol.—Swift, from ja
A Detnarara—Brilliant, Lack. frtetivapool; Viaory,
Brine; Commerce, Wl.evin; Retrieve, Barrett; and Expe-
dition, Wind. from Africa.

At Liverpool—. Hope, Hall, from Africa; Liberty, Sands,
from New Providence ; Mount Vernon —, from Maffaebu-
fettg ; Rodden, from ; Fanny, Williams,
from St. Lock; anckyencrable, from Jamaica.
- - •

A Dover—Jnhn Adams, Pcrrct, from Savannah ; Mlive
Love; and James and toota.Butelser, from Lam; and Pal:
!Mints. Swaney, from
At Jamaica—Two Brothers, a—v-*; and CaMbridge, --
fr .m Nen; York.

LAW INTELLIGENCE.

COURT OF EXCHEQUER, FEB. rt.
LEMURS 77. CRAWFORD.
SEIZURE OF THE DUTCH CONVOY.

This important que ftion, which involves propert y
to the amount of upwards of 480,0001. and has fo
long interefted the commercial world, and agitat-
ed the Courts of Weltminfter Y. ill, was brought
to its ultimate decifion this day in the Court of

Exchequer.
The Barons of the Exchequer, and the Judges
of the Common Pleas, with the exception of Mr.
Juftice Hearn, whofe indifpofition prevented him
from attending, delivered their opinions feria/int.
Mr. Baron GRAHAM, as the junior Judge, firft
pronounced his Judgment. He began by deducing
the proceedings from their commencement.—lt
was an aftion on a Policy of !durance for 20001.
and the declaration Rated that his Majcfty, by an
[ Aft of the 35th year of his reign, was empowered
to make an order for providing for the fafety of
!hips telonging to the United Provinces, which
were or (bould be detained in any of his ports.—
That on the t 3th of June, 1795, his Majeßy, by
advice of his Privy Council, iffued his Royal Com-
miffion to James Crawford, Efq. the Defendant in
error, and others, appointing them Commiffioners
for the purpofes of the Ael, and empowering them
to take all (hips belonging to the United Provinces
which were or fhould be brought into any of the
ports within his dominions, under their care, and
to manage and difpofe of fuch (hips and their car-
goes to the beft advantage. That on the loth of
June, 1795. in confequence of fubfequent orders
given to the Commander of his Majefly's (hips of
war, a convoy of (even Dutch flips, belonging
to the United Provinces, bound from America to
Amlicrdam, were taken by Captain Ellington, and
carried into St. Helena, of which advice was tranf-
mined to England. That the Defendant in error
thereupon effeded policies upon the Mips, in the
name of himfelf and others, as commillioners of
Dutch property, infuring their fate arrival from
St. Helena to London. That the convoy was
in fafety at the time of of ling the infurance, and
that it afterwards was driven by ilrefs of weather,
into the Shannon, in Ireland; and that feveral of
the (hips. were loft. The aCtion was for an average
Ids of 4o per cent.. On the trial a verdiEt was
given for the Plaintiff, the prefent Defendant in
error, and a Bill of Exceptions was tendered, re-
citing the above fats : That the quctlion after-
wards came before the Court of King's Bench,
I when judgment was given fur the Plaintiff. It now

came before the Court (4E:chequer, upon a writ
of error, and among the fever:if objections that
were railed, the only one which it would be necef
fary to confider was, that by which it was alledged
the Plaintiffs in the original aelion, were not vett-
ed with an infurable intereft in the property they
had infured at the time the infurance was effdtcd.
The Learned Baron proceeded at great length, to
difcufs this queftion—to follow him through the
courfe of his elaborate arguments would, within
our limits,. be a vain attempt ; fuffice it to fay,
that he confidered the contra& as a faiii one, and
the infurers apprifed of every circumftance with
regard to the rifle. It had been urged that the
Commiffioners could exercife no ad of ownerfhip
as to this property, and that the petits of the fea
commenced before their right to the thing infured. I
He admitted that the Al of Parliament, and the
King's Proclamation founded on it, gave no power,
(Wetly (peaking, to the Commiflioners to take un-
der their care any (hips belonging to the United
Provinces until their arrival in the Britifh ports ; '
but he was of opinion they had veiled in them a
contingent intent}, which nothing but the interven-
tion of the perils of the lea could defeat. It was
true they could exercife no aft of ownerfhip till the
(hips arrived, but they were deeply interelled in
proteifting the convoy from the perils of the tea,
which, without the right of effening an infurance,
they could not have done. Upon the whole he con-
fidered it was not necefrary the Commillioners
fhould have had a vetted interett in the fubjat
in-
fured; it was enough if they were interelted in its
fafe arrival, and therefore he thought the judg-
ment of the Court of King's Bench ought to be af-
firmed.

Mr. Juftice CHAMBRE obferved, that the policy
was efFdled by the Defendants in error, in the clia-
raaer of Agents appointed to take charge of Dutch
(hips for the benefit of thofe who might be ulti-
mately entitled to them. He felt himidf in an un-
pleat:ant fituation, having reafon to believe the opi-
nion he enterta'aied would not receive the iiipport
of the other Judges. He fhould not regret, if his
opinion was over-ruled, for he could not conceive
why, upon confiderations of morality and honelly,
the Underwriters fhould have refilled the prd:nt
contraa. Tie was however fit mly of opinion, the
Plaintiffs had no infurable intereft in the property
attempted to be infured ; it was the property of his
Majelly at the time the infurance was made, and
the utmoft that could be Paid was, that it might be-
come infurable. It was manifclt, that the objeet
of his Majefty's permiffion was property aftually
in the ports of this country at the time, or which
might afterwards arrive ; till its arrival, no
change of property took place, but it remained
as before in the 'Dutch owners. He confidered the
Commiffioners as having only a bare authority to
do paiticular aas—an authority coupled with no
interell or difpofing power whatever, and there-
fore that the judgment of the Court of King's
Bench ought to be reverted.
Mr. Nike ROOKS was of opinion, that at the
time of making the infurance, the poll of the
chips and cargoes was in the Crown ; and although
the Commiffioners had no beneficial intereft for
themfelves in the fubjea infured, yet whether they
were confidered as Truftees for the• Crown—as
(et Agents for the purpofe of difpofing of a property
wen it fhould arrive in England—or as the (lam-
ab Confignees--in either cafe they were entitled
to effeet an infurance. He agreed, if no feizure
of the convoy had been made at the time of the in-
furance, and the Commiflioners had (peculated
upon the probability °finch an event, and effdted
an infurance, that the policy would have been void.
He not only thought the Plaintiffs had an infura-
ble intereft, but had fufficiently averred it in the
declaration.

Mr. Baron Titour sox raid it appeared to him
the Plaintiffs under the Aa of Parliament and
Commitfion had fuch an intereft as they might law-
fully infure.
Mr. Baron HOTHAM obfcrved, the Commit*.
(loners had clearly no intereft for themfelves ; but
as Confignees or Truftees, or Agents for the pub-
lic or others, who might be ultimately entitled,
they certainly had an intereft which they could in-
fure. He thought it abfurd to fuppofe that the
Legiflature meant to delegate to the Commiffioners
the power of fuperintending and managing the
Dutch Blips to the belt advantage, and at the
fame time to have denied them the right of making
infurances, the mon effdtual means of their pre-
fervation. So inadequate and incomplete a dele-
gation ought not to be prefumed. The Ad ought
to be conftrued more liberally, te ref magi: vafrat
quam I) emit. The Legislature undoubtedly meant
to give the CommilLoners every necelfary pornr
for the fecurity and prote&ion of the property.
The LORD CH i F BARON (*Donald) e >rpm fad
himfelf to the fame effect. He confidered the fitu-
ation of the Commitlioners as analogous to that
of Trulkes. His Majeay himfelf could not have
perfonally infured there Mips ; conrequently if the
Commitlioners could not have done fo, there could
have been no infurance effeded by any perfon
whatever. _ _

Lord ALS'ANTAY went at confiderable length
into the confideration of the quellion : he con-
ceived that the very moment the commiffion
fued, the Commit oners acquired the power in-
herent in every Trnflee of do:lig every thing ne-
ceffary for the protection of the property. He
conlidered Captain Ellington as the mere Servant
of the Commitlioners, for the purpofe of bringing
home the Dutch convoy, and that the Comeoif-
(loners had a compleat troll veiled in them the
moment of the feizure, though it was not to be
executed till the Ships arrived in this cruntry. For
there and a variety of other reafonc, which his
Lordfhip Qated with a confiderable degree of per-
fpicuity, he profeffed himfelf decidedly in favour
of the verdid pronounced by the Court of King's
Bench.

The opinions of the Judges being fix to one in
favour of the Plaintiffs in the original anion, the
judgment of the Court of King's Bench (lands
affirmed, and they will immediately receive the
immenfe fum of money infiircd, the whole of
which has been paid into Conn, unicfs the Un
derwriters think proper to yp.ial to the dernier
refort—the Houk of Lords.