Star.
London, England, 1807-11-13 00:00:00

THE KING V. JOSEPH (WENT.

Mr. GARROW (hewed caufe againft a Rule obtain
ed in this cafe, which was to quafh a conviaion made
by the Juflices at a Qstarter Seffinns at Guildford,
by which older it was adjudged that a woman nam
ed Elizabeth Hendrick, was delivered of a baflard
child, of which the Defendant was the father. That
there was an expence incid:nt thereto, defrayed by
the parifh of Newington, therefore the Defendant
was adjudged to pay t tl. 6s. 6d. for the fuflenance
of the child, and for the inlyingrof the mother ; and
alfo to pay t al. the coils of the parifh in the litiga
tion which took place. To this order there were two
objeaions, firft, that there was not fufficient evidence
of the birth of the child in the pat ifh ; and, fecondly,
that the inflicts at Szffions had no power to award
cofts. Mr. Garrow contended that the order wZs
right in both refpeas, and quoted feveral authori•
. .
ties in fupport of his argument.
Mr. Lai: as, on the contrary, maintained, that the
order was.bad, as the child was not fufficiently well
adjudged to have been burn in the parifh. He alfo
quoted the flatute of the 18th of Eliz. cap. 3, fee. 2.
and that of the 3d of Charles 11. to (hew that in no
fuch cafes could Jullices award coils.
Lord Et LEN BnR OUG H and the Court held that the
father was bound to fupport the child. The order
was therefore qualhed in regard to coils, but affirmed
in refpea to the req.

COURT OF COMMON PLEAS, NOV. 11.
DONNIILLY V. SIR 1401,41 POPHAM.

Serjeant. BAILEY moved the Court for a new trial.
The circumllances of the cafe are well known to the
public. Sir Home Popham, after the capture of
Buenos Ayres, fent the greater part of the fpecie
which was captured home by Captain Donnelly's
(hip. If Sir Home Popham had been a Flag Officer,
he would have been entitled to a third of the freight
AS well as to an eighth of the prize money ; but it had
been held at the tall trial, that he was not a Flag
Officer at that time, and therefore was not entitled.
Sir Home Popham had been appointed a Commo-
dore by the Admiralty, but there was no Captain
appointed under him. He, however, thought it
proper to appoint a Captain under him, which ap-
pointment he flill hbped to have confirmed. The
whole point, as to the proportion of prize money to
which he was entitled, and as to the freight, depen-
ded upon whether he was or was not a Flag Officer?
From the evidence, it appeared that the point which
determined what Commodore fhauld be confidered a
Flag Officer, was this, that every Commodore hay.
ing a Captain under him, was a Flag Officer. The
defendant, Sir Home Popham, had at the time of the
capture a Captain under him, but it was a Captain
whom, from the exigency, he had himfelf appointed,
and who had not at the time of the trial been con-
firmed by the Admiralty. The money had at firll
been paid over by the plaintiff to the defendant, on
the fupporri oi that he was a Flag Officer, and there-
fore entitled to it ; but when he was advifed that the
defendant wag rot a Flag Officer, he brought his
anion, and fucceeded on the trial. The defendant
had no objeCtion to pay over the money ds bene
that is, until it could be finally determined who was
entitled to it. If, however, the appointment of Cap-
tain made by Sir Home Popham fhnuld now be
approved of and confirmed by the Admiralty, he
trotted it would appear to the Court that the defen-
dant would be entitled. At the time of the trial it was
listed that proceedings were then depending before
the Privy Council on the fubjea. •
The LORD CHIEF JUSTICE-" Brother Bailey, how
could I, lilting in a Court of Law at Ai a Prius, take
notice of what then was going for ward in the Privy
Council ? The evidence of many moll refpeClable
Officers was clear, that a Commodore was not a Flag
Officer unlefs he had a Captain under him. Admiral
Rainier had been in both fituations—he had been a
Commodore without a Captain under him, and with
one. When he had not a Captain under him, he did
not (hare as a Flag Officer, and when he had he did.
By his Majefly's Proclamation, the proportion of
prize money is diftributed ; the flag officers are emit-
led to a larger (hare ; but by the evidence which was
adduced at the trial, it appeared to me clear, that
Sir Home Popham was not a flag officer."
Mr. Serjeant BAILEY (till contended, that as Sir
Home bad a Captain under him at the time of the
capture, even although that Captain was of his own,
appointment, yet if that appointment thould not be
confirmed, the confirmation of it would make :he ori-
ginal appointment good ab initio, and leave the defen-
dant entitled to the full (hare of a flag officer.
The LORD CHIEF Jusrica Paid, that even if the
Admiralty were now to confirm the appointment
which Sir Home Popham had made ola Captain, the
Court were of opinion, that loch confirmation would
not divell the plaintiff of the right which had been
vetted in him, and would not be a fufficient ground
for grantit,g a new trial. As to his own opinion, he
tfi:iught it would be a very bad precedent in the navy,
and that if inch fubfequent confirmation could altar
the ditlribution of prize money, every Commodore
would appoint his Captain' under him, and then try
his inter ett, or take his chance of getting that up- II
pointment afterwards ratified. At the trial however,
and after the evidence given, it was imp. ffible to
confider Sir Home Popham as a flag officer. The
quctlion was fo clear that it would not admit of an
argument.—Role refuted.

~ ~,

'f,474
_.llll • - '

, COCKPIT WRITOTALL,./R)V. sa.
Before the molt Noble and Right Honourable the I
Lords C ,mmidinners of Appeali in Prize Caufes
Manhattan, l.afker wafter.—(An appeal from the Vice Achill-
, raftit Court ar Bennuda.)-•-•Thls 114, under American colours,
failed from Ncw York, laden with flour and fpccie, in June amt.
for Batavia, where the fame was landed, and a valuable cargo of
Bataviaa produce was taken on board, confiding of fugar, coffee,
pepper, nutmegs, cloves, mace, and various other articles, with
which the was returning to New York. when be was captured by
his Majefty's Soap Bay, W. H. Byam, Efq. Commander, and
carried to the Bland of Bermuda. In this cafe, an appeal was to-
terpored on behalf of the captors, who contended. by their Coun •
fel, that the tranfaelion was extremely furpicious ; the hands in • '
fufficient for carrying it into execution ; and the proofs of pro-
perty defedlive —Their Lordthips, after hearing the claimant's
Counfel, affirmed the fentence of the Court below by reaming the
Chip and cargo.
The Amfterdaut Packet, Smith maller.—(Ao appeal from the
Vice Admiralty Court at Nova Scotia.)—This American fhip,laden
with a valuable cargo of fugar, coffee, pepper, fpices, and other
merchandize, and bound therewith from Batavia to Philadelphia,
was, in the profecution of fuch voyage„,4eized oil the Lath of
July, tBot. by his Majefty's Hoop of war Driver, Robert Simp-
fon, Efq. Commander, and carried to Halifax in Nova Scotia,
where the Wird proceedings were inßituted, and the (hip; cargo;
and private adventures, were finally condemned. On behalf of
the captor: it was ftrenuoufly contended, that this was a coluura•
We and fraudulent tranfaction, and the parties being affeeted with
that fraud, they had forf,i,ed the indukterce of any further proof.
On the part of the claimants, it was fubrnitted, that the property
was fufficiently proved by the necelfary documents and Chip's pa-
pers, and trufted, that their Lordthips would be of opinion. that
the (hip and cargo were fit for immediate reftoration. Their
Lordfhips affirmed the fentence of the Court below, as far as it
went to condemn the (hip and cargo, but reltored the private
adventures.

ADMIRALTY COURT', DOCTORS' COMMONS.
WFDPIESDAY, NOVEMSER I I.

•
This day, the Right Hon. Sir WILLIAM SCOTT
proceeded to the adjudication of the following cafes:
Le Bon Adventure, Lamournier matter—This queftion ofjoint
capture was further argued this day on the point of law.--(See
Report of the 4th inftant )—After Which, the Court, in delivering
its opinion, ohferved. that the imputation of delay in the Court not
coming fooner to a final determination, was in a great degree
chargeable to the parties thennfelves; and. after recapitulating the
evidence on both fides, and alfo particularly obferving upon the
charge alledged, of a fraudulent fuppreffion of a fignal, which it
was the duty of the Captain of his Majefty's (hip Albion to have
made to the fleet, when his Chip was within fignal diltance, (of
which fad the Court laid there was not a tittle of evidence to be
f..utad) it was clearly of opinion, that the fleet had not fupported
the claim of joint capture, and pronounced, that the Albion and
Ardent were the only (hips entitled to (hare in the prize.
Alla, De Souza mafter.—This Porrogu_fe !hip, laden with a
very valuable cargo of wine and brandy, was bound an a voyage
front Lam to Corunna, and it was contended, that wine and
brandy going to an enemy's port, was to be con fidered, agreeable
to the ancient pradice of the Court, as articles of a contraband na-
ture, hut independent of that, the (hip was going on a contir eons
voyage with rcfped to the cargo, and therefore liable to cot ilia-
tion. 'The Court, after hearing the Counfel on behalf of the
claimants, reftored the (hip, but pronounced againft the freight
and expences, and condemned the cargo.
Lord Vernon.—ln this cafe, the fhip and cargo were rettored,
on the payment of the captor's expellees.
Truth, Waldo natter..—This was an American valet, with a
cargo of wine Further proof was required in this cafe. •
I Viana mafter.—ln the cafe of this Portuguefe (hip,
further proof was alfo required.
Ann, Bradford Mlafter.—This Chip was failing miter American
colours, with a cargo of various merchandize, on a v, yage from
Leghorn, deftined to London. Ship and cargo teßored, ou the
payment of the captor's expences.
The Peggy —ibis was alfo an American veffel, and it was con-
tended that (he was liable to confifeadon, on the ground of car-
rying contraband articles, and breach of blockade. Further proof
was required of the nature and quantity of contraband articles.
Furao, De Cofta mafter.—This was a Portuguefe 'hal, laden
with various merchandize, and going from Portugal to Name. In
this cafe the vast was condemned, and :he cargo di reeled to ttaud
Over.