Star.
London, England, 1807-06-11 00:00:00

FREEMAN V. BENSON, AND BENSON U. FREEMAN.

Mr. WILSON faid, he role to oppofe a rule obtained
by Mr. GAattow in thefe caufes, on the ground Hated
in the affidavits.

Mr. Geaaow faid, that his Learned Fliend could
not fpeak to the merits oa thole affidavits, hecaufe
they had not double (lamps, as was required in this
cafe. -
_ _ .

After many inter locntory obfervations between the
Court and the Connie', they were permitted to pro
ceed to the general nrinu•es; but on the recommen
dation of the Court, the whole fubjeet of tbefc two
crofs anions, and the awards confequent upon them,
were referred to a Bat-rifler.
r.H•4 PHtLP'T WILKINsiN.
The ATTORNEY GENERAL (aid, that this perfon
was an Attorney, and the objet of his motion was,
to oblige this Officer of the Court to pay colts in 4
non fait in an anion againft Chen ill, and alfo to pay
the cons of this application. The plaintiff in that
(nit ordered this Attorney to commence the anion,
but finding the defendant was in euflody he direned
his Attorney not to proceed. Not withilanding thefe
initiations, the caufe did proceed, and the defendant
had judgment as in cafe of a non-fuit.—ltule to thew
caufe granted.

TUESDAY, tt•tv: 9
The attention of the Court was engaged till after
three o'clock, in heating arguments on points of law,
grey ing out of cafes on the Plea fide r t the Court.
After the arguments were finithed, Mr. Wait rtIER
ALL applied to the Court for the itfue of a Mandamus
to the Mayor and Corporation of Litchfield, calling
upon them to atrign caufe why they had refufed to
admit a young marl named Tobin, to the rights and
immunities of a free burgefr of that borough. Every
year there is held in Litchfield, on the 4th of M.4y,
what was by the Conilitution of that borough, calk('
a great andshich was attended by the Mayor,
the Portman, by not let's than forty Idurgefles.
appfared alio that at this Curt, every man who
was entitled to it, had a right to claim admillion
as a free burgers. The right to claim admillion, was
a rervitude of feven years as an apprentice to any of
the recogirifed trades carried on in Litchfield ; Tobin
had ferved his time, and applied to the Court in
the ulual wanner, fur his admtlion; his indenture,
however, could not be produced, his mailer's copy
of it having beer. lon, on his changing hi, refidence,
and its counter pint, which had been derofired, ac-
I coding, to co flom, in the town cheft, had difappeared
n.oft tirangely. The apprentice's mailer, however,
proved that Tobin had duly let ved his time, and had
in all refpats tnlfilled his indentures. This, Mr.
IVeatherall contenaed, according to the laws of Eng-
land, tea, the next bell proof that could he adduced
el- the exilleoce of the indenture, and it would be an
tat d great injullice, were the lawfol claim of the
apprentice thus to be defeated. It was, however,
ll.rte;l by the Learned Gentleman, that it was highly
probable the refoldl on the part of the Corporation,
to admit Tolrin to the privileges arid immunities
of a free burger:, arufe front the taa of his appearing
in the Court, with a cockade in his hat, of a dfirent
cikur front thole worn by the others, including the
whole Court, who were prefent. This it wonid ap•
pear, happened during the late eledlion for Litchfield.
The Court, conceiving fame other reafons than the
above to e :ill, for refufing Tobin's admifUon, granted
a Rule for the Corporation to thew caufe why it had
refuted his 7pplication.

THE EXECUTORS Of ADMIRAL CHRISTIAN V. ADMIRAL

RA rN FIL.

This was a cafe referved for the opinion of the
Court. It was tried before Lord Ellenborough fume
time agn at Guildhall, London, arid the whole conteft
was rcfolvcd into this quetlion—.‘ Whether the
Plaintiffs, as the reprefentatives of Admiral Chriflian, ,
were entitled to the flag eighth of the prize of the
Angelique r' which was captured under the fol-
-:ircuraftances :—Rear Admiral Pringle had a
fquadron at the Cape of Good Hope ; the Chip l'Oi
feau wanted repair, and there being no opportunity
of repairing her at the Cape, he fent her to the Eaft
Indies ; s hen fhe arrived there, Admiral Rainier be-
ing the Commander in Chief on that Ration, the fell
under his command. He lent her to Calcutta to re•
pair, and, after her repairing was completed, hF fent
her hack with all due difpatch to her forme; nation,
the Cape' of Good Hope ; at the fame time ordering
her to convoy certain Eaft Indiamen to the Cape.—
'hile the was performing this fervice, the was Cepa-
rated from the Indiamen by a florin, and the acciden-
tally fell in Kith the Angelique, and captured her
within the limits of Admiral Rainier's flash's. Be-
fore this capture took place, Admiral Pringle was fu-
perfeded at the Care by Admiral Chriffian, who had
taken the command of the tqiiadrurN at the Cape, a-d
the queftion was, whether Adril.r Chtillian, under
theft faits, had he been living, m his executors, he
being dead, had a right to the one eighth above Slat
ed, that is, the flag eighth, as o.e Admiral's Mare of
this prize ?
Mr. Dassrsta argued the cafe cn the part of tht
Plaintiffs; and c:ntended, that although the fhip
l'Oileau, at the•titne the capture was made of the
Angelique, was not within the Cape of Good Hope
liatinn, yet that the Admiral's Ittuerintenditig power
over her continued, he having lent .bee to the Ealt

Indict to be repaired; fo that fhe was pill to be
confidered as under his care and authority, as on: of
the (hips of his fquadron.
Mr. HoLRoTD was going on to argue on the other
fide, but was not heard,
The Court being moil clearly ogopinion, that inaf.
much as the prize was made without the Ration of
Admiral Chritlian, he was not eatitled to the t -Bth.
It was another queßion, upon which the Court did
not give an opinion—whether Admiral Rainierwou!d
have been deemed entitled if he claimed? but he did
not claim. But here the Plaintiffs mull make out,
that Admiral Chritlian, had he been alive, was en-
titled, which he was not—and the Court gave judg•
ment for the Defendant.