Star.
London, England, 1802-11-02 00:00:00

HIEBERT ♦ND OTHERS V. DOEIE.

Mr. Glass Rated, that this was an aetion upon
a policy of infurance on the !hip Wentworth, at
and from Jamaica to London. The Chip had for-
merly belonged to Meffrs. Keeley and Armtirong,
but had been affigned in troll to the plaintiff's.
The aaion was for a total lofs, with benefit of
falvage. The Wentworth failed from this country
and arrived at Kingfton, where the unloaded.--
She afterwardi proceeded to Morant, where the
wok on board her homeward-bound cargo, and
let fail for Europe. She met with that fort of
weather which was ufual at the period of the year
when the failed, and it was found the made a con-
fiderahle quantity of water ; the leak increafed,
and it became impoffible to purfue her voyage.
Shc returned to Kiogßoo, where her cargo was

taken out for the purpore of having her examined.
It was the opinion of thofe who furveyed her, the
was incapable of performing the voyage infured ,•
flue %VAS therefore condemned and fold. Many of
the Underwriters had paid the (urns they had in-
lured ; but he underanod the prefent defendant
meant to contend the (lip was not fea•worthy.
Captain Wentworth raid he failed in the Went-
worth from this country to Jamaica ; the bad been
repaired here ; he raw her in dock ; flie appeared
perfect ; the performed the voyage as well as any
(hip could do, and delivered her cargo in good
condition ; the began to load, and took in the
greater part of her cargo at Moral% where the
arrived in the month of Augua ; the was tho-
roughly caulked, and the bends were lidded. On
the aoth of February following the 'failed &ten
Port Royal; on the afternoon of that day the wit-
nefs found the made more water than ufual ; he
had no reafon before to•think there was any thing
defective about the (hip; he returned to Kinetic',
and upon examining her, a large rat hole was dif-
covered under the (larboard bow. It was t)ecei:
fury to have her ur4oaded and furveyed, when
ft me part of her was found defective, and the
was condemned ; he thought the was a fea worthy
!hip ; the rat hole was a very large one, and ap-
peared to have been newly made. On his crofs-
examination he admitted there was four feet and
a half of water in the hold during a light breeze,
yet he was of opinion that, debars the rat hole, the
might have gone on and performed her voyage.--
Th.: rat might have eat through the &iv all but
the breadth of an hair. before they failed, and have
finithed it after. From-the appearance of the (hip
at the time of the furvey, he was of opinion the
could not have gone to Europe without being re-
paired. If he had known the condition of the !hip
he would not have gone to fea in her.
Mr. Sims, the Second Mate, gave nearly the,"
fame kind of teftimony. In his opinion there was
no occation for condemning the (hip ; the might
have been repaired ; and in fa& the was after-
wards repaired, and went a voyage to America.
He.would not, however, have ventured his life in
her if he had known the condition the was in.
Mr. Brent, a thipwright, proved that wool. had
been laid out on her before the failed from Europe.
Mr. Eastroe faid it would give him great fatif-
faCtion to have thefe quellions of tea worthiners
brought under the confideration of the Court, and
their limits accurately defined. No one more
than the Noble Judge 'on the Bench had knowii
the inconvenience anting from the vague and un-
certain principles at prefent applied to the fubj.eCt.
He had no hefitation in laying down this doctrine,
that if a (hip was fairly captured by an enemy, it
would be an 'injutlice on the part of the Under-
writers to evade the lofs by laying her fea-worthi-
nefs was a condition precedent, and that there were
Itome latent defeas in her at the commencement
of the rifk, which rendered it impoinbje for the
owners to recover. When- the fubjeca came to
be confidered by the Judges, or by. Farliarhent,
the cafe of fea-worthinefs would, he Wis perfuad-
ed, be reduced to the queftion now under trial,
namely„ that Underwriters , not be called
upon to contribute to a lofs not within the perils
of the infurance. To take the care of a partial
lcifs—fupofe the (hip hacr.nO.defell when 'the
failed to Jamaica, but that from the perils of the
fea the had become Co. unfea-worthy as to render it
neceffary the thould undergo a repair, that would
be a repair for which the Underwriters would be
anfwerable ; but then it mutt' be {hewn' it was a
repair of injuries which could be' afcertained tri
have been contraaed within the fcope of the ad;
venture ; but if he infured a (hip at and from Ja-
maica' and it appeared that before the. had ar-
rived there, the had defeas• which rendered it
dangerous for any man to truft himfelf on board,
in fuch cafe the Underviriters could not•be charged
with a total lofs. He defired the Jury to confitiet
what mutt have been the (fate of this (hip before
the commencement of the policy. Whin the
failed on the eoth of February, the weather was
not otherwife than what might be expeeted iii
thofe latitudes=there was hardly any thing of a
freat breeze, and yet there were four feet and a
half of water in her hold—aye, but that might
have been occafioned by the rat hole t—it might,
or it might not—the rat might have ate all but
through before the (hip left Kingtion, and might
have finned it after the got to fea. This re-
minded him of a circumtlance related by Mr.
cooper, relative to a bill in Chancery, filed to
obtain a difcovery of the caufe of a Chip's unfea-
worthinefs. The Equity I)raftfman who drew it
had propounded thofe queftions—" And that the
faid Defendants may anfwer and fet forth *hat
number of rats were in the raid (hip, and whether
they might not have eat holes in her timbers, and
if not, why not ? And whether all, or any, and
which of the faid rats had tails, or if not, why
not ?" It was thus his friend Mr. Cooper had
exercifed his wit in ridiculing the defultory
pleadings of Courts of Equity ; but to return to
the rat in queftion, it was fo maicious an animal,
that it waited till the moment the (hip got to fea,
and then faid to .itfelf, " Now I have you—now
I'll do for you :" and immediately let about
gnawing-this large hole. Clearly he might hay e
eat it. Certainly, and if not, why not ? How -
ever, peace to the manes of the rat—it was caught
and depofited among the rats of the Nile, and
' other extraordinary rats in the Britith Muleum.—
He (hould proceed w call the Captains who• had
furveyed the vcirel, whole evidence, lie was per-
fuaded, would decide the caufe.
Captain Domett faid, he examined the Chip, in
company with three other Captains, and three of
the Carpenters of the King's Yard—he found the
wales were fo look he could (hike the caulking
iron up to the hilt ; when the Chip was unloaded,
he picked out pieces from the molt material parts
of the (hip, fore and aft, fo rotten that' when he
afterwards wrapped them up and put them into a
table drawer, they crumbled to a powder ; from
his experience, the was not fea worthy, but mutt
have been time time decaying.
• Three other Captains deposed to the fame effect.
The Jury ('aid they were of opinion the (hip was
rotten before the left England ; thei, accordingly
returned a verdict in favour of the Underwriters-

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