Star.
London, England, 1802-02-27 00:00:00

COOL V. BENNETT.

The following cafe is the finis of the kind that
has occurred, and the law upon the fads arc
after to be decided by the Court.
It was an adion brought by the Phi;;tiff, a ma- '
riner, againtt the Detendant, as owner of• the
Kingflon, engaged in the Southern Whale
try, arid having letters of marque and repricni.—
Tire Plaintiff's contrail was founded upon written
articles, by which it was agreed, that in lien of
wages le, in common with the other sailers, was to
have a certain proportion of the produce of the
Merv, and a certain (hare of the prizes made dar-
ing the voyage. The Kingiton tailed from this
country about three years ago, and proceeded to
the coaft of South America, where the fell in witlr,,
and captured a Spanish Ship, which was i-in ai
prize to one of the Gallipagos Wands, an,'. fold
for about 30001. The Kingiton corainite,;
on her
voyage, and had performed pat-1 of clic objed of
it, when provinons running fhort, i. eras found cc.
ceffary to land the prifinteri. I:6th this view tilt
Captain (leered to a SP:11,0i! 4:,ettlernent, and fen:
boat ashore tinder a flag truce. The Plaintiff
and fevcral other mar s were ordered upon that
fervice; and havinn landed the prifoners, Were
themfelves detaineet arid impriained. The Plain-
tiff continued a in ;corer for above :t year; and in
the mean tim; the Kingtlon completed her voy.
age, obt.;;;ll.,eil I,:r fun ca; go, made feveral other
fmal.l prizes, and arrived lafe in Europe. The
Plaintiff procured his rel?afe, and returned to
England. Ile brought his adion to recover a
ninety-fifth Share of the produce.of the fishery and
the prizes during the whole voyage.
For the Defendant it was contended he was
only entitled to a Share for the time be was adu-
ally on board.
Lord ALVANLEY ohferved, that this was a new
cafe, as it refpedted the merchant fervice. ' With
regard to the naval fervice it was clear, if a tailor
was fent ashore upon. any duty, and was captured,
he was not entitled to a Share of future prize mo-
ney. In this cafe there was an exprefs ftipulatica,
that the Plaintiff thould have a glare of the pro-
fits of the fishery and prizes eluting the whole
voyage. The queaion of law would be, Whether
a failor, who was to IL:ft alhare of the profits of
a voy ago, was entitled to them noiwithaanding, in
the courfe of it, he Should have been made prilb-
ner ? The only cafe in the leaß Similar to the
prefent one, was that of Chandler v. Greavcs,
which was an action by a failor belonging to a
merchant Ship, who was prevented from perform-
' ing the voyage by an accident he met with in the
execution of his duty. The Court held he' was en-
titled to his wages for the whole voyage.
There was a cacumflance appeared in the courfe
of the trial ; but as the Jury declined attending to
it, we have not incorporated it into the report.--.-
In the articles, which had remained in the custo-
dy of the Defendant from the time.they, wcre.fign•
ed, there were interlined the words, " fir long as
each failor remained on board." There words were
evidently not written at the time the articles were
figned—at lean the ink appeared of 'a different
colour.

Lord ALVANLEY, after making Tome obfava-
dons upon this part of the cafe,.wifhed the Jury to
decide as to the fad, but the Foreman. laid, they
had no evidence upon which they could form a
judgment. They therefore returned their verdift
generally in favour of the Plaintiff, fubjed to the
opinion of the Court, whether the Plaintiff, hiving
been captured in the courfe of the voyage, was en-
titled to be a tharcr of the produce of the filhery
and prizes 3

state Letter), Ofticc,
,No. T 6, Corn 1:111.—m-.
NicuoLsos tcfrafuliy acquaints rtiel.ds an-2
the Public, that the LOTTE;n• dt.iw-
ing on Z,F.amiay neNt, the be
Pickets, in the fTrcatc:l vatiezy of ;1;2
fold LF.vid:d into •
and 5i7...t...nth Shares, thily
tnt to A,:i Pai 11.imew. :.t ,arge
and i‘n the loon as
dr:LV:n.

Frdh ilTrl:cs rh.-afir.t, Li: :tn.?. c2i.:2-
IYtoPs, (by th.! Patent) vr. re-
ceiv,dfl•ocn the Difi...!:,fary, S:-1:o-Cti• .7, in
of ss. 2S. c:t.,l), by N; :
ner rf St. P.cal's

;

may I::: haa, a m_w c.fizion, o:
SP:Lc 81:R Y'S 11111J1 a(.11111',A *Lc. Scus
vy, Gout, Itera;..2y,
one hulldred Calt:s; r:;•atc,',
3S. 61.

LC A'l)..),V f.` =TS.

cer.N-rxcIIA,!GE,I,I)!DAs'.:7I7.I3RI7.ITtY :6.
A P„.tuat cc' PV.ICES 1-1.111.Y.t, in•m the 13th of Feb.

_
to tl.c Loth tu inclufive. -
T0..1122 3;8 GtekA.—Avcr,st 395. 91d.
as. to -3. lower that I..tt rotarta.
SMI 7;.
To the otfal—rorftunc of Blis.
Beef 45 8.1 to Gs ad Vc.,l 7s fd
Muttnn - &d to Gt 8d Pork - ss 43 to hi. •.4A
Stock at Market this morning. Ficaft, ;cc, Shear 9co.
NE WGATE %nil LEA DLNI IA: .: .. IYon.ary
Per (tone of F.lll. 1w tha ciwcafe.
Beef 4s od to p Vtal 4s ft, '. to is 5d
Mur.-0 st od to Ss Pork Ss 4d to
PRICE OF TALLOW IN LONDON.
St. James.; r...ari.cc 41 33 Town Tallow its 63 to 08
eLre mnrket as 31 Rid% ditto (ca.) (~6s od to os
Whitechapcl rtzeket 4s 24.1 Ruisa ditto (tor) has to 64s
(per itonc u 1 44•...) White Candicßufrr.,63. to 441
Nicltioe Stott 54, tal to Os '
zs 83 3ss od t.. a.
Average nice 4s 213 C..-La•As - 195 od to os
Cood ot
Yelkm S" I'• 7:s. to cs.--Mottlod,S;.,.--(.l.rd, 84t.
IF. 6.l—Moullt. 12, CO.
PRIC:. Oi• ',l.s': AND ATRAW, F.:or:tare :6.
Id. St. James's.
o.Huy 3zoto 5 5 2IQO CU 8 oI 4 0 0 1.0 5 5
0
N. do. o cto o
Straw Ize tl' I I 7oto 1 19 OIII2C to I 13 0
L.) Ctuvet 5 0 G 6 . # s to oto 6 1: 2

Cf ILS, F hr ry
in the. l'oui; :1. cg. od. per Cloldruu.
1)r!il•!rcd :1. 9s. ed.
it. i-s.
f?-•l'rrrrd cl. ós. o.i.