Star.
London, England, 1809-05-17 00:00:00

LAW INTELLIGEA.CL. •

ADMIRALTY COURT, MAY 10.
This day the Right Honourable Sir W. SCOTT
proceeded to the adjudication of the following cases:
Wheldon against the ship Baltic Merchant, Smith master.—
This ..uit was instituted on the part of C. Wheldon against the
ship for wages due on a voyage to the West Indies and hack ; which
demand was resisted by the owners on the ground of his quitting
the ship before she arrived at her complete moorings; which
being fully t stablished by evidence, the Court determined that he
had forfeited his wages. •
Zeelust, Ahrens master.—This vessel, under Papenburgh co-
lours, was on a fishing voyage at the time of capture ; and it was
contended, on the part of the captors, that this trade must be con-
sidered (having various other articles on board), as the common
commercial trade of Holland. On the other side it was conten-
ded, that this was a case coming within the exemption of the Or-
der in Council of the 23d of May, 11106. The Court was of opi-
nion, that she was engaged in the ordinary trade of Holland.—
Ship and cargo condemned.
Mermaid, Botley master.—ln this ease the usual salvage was
granted.

Mercury, Campbell master.—ln this case a quantity of sugar
was condemned to the Crown.
MAY 16.—This day the Right Hon. Sir W. SCOTT
proceeded to the adjudication of the following cases:
Union, Knid raFster.—This case was instituted in the Instance
Court, against the owners of the abpve vessel, for damage done
to the brig Shorn, a transport in his Mkjesty's service. It appeared,
that on the 13th of November, the Shorn, having some of the
German Legion on board, quitted Yarmouth, 'and on making
the South Foreland, the wind blowing fresh at north, the crew
perceived a ship from the eastward, steering to the westward,
which every endeavour was made to avoid ; notwithstanding
which, this vessel (the Union, West Indiaman, going to join
convoy), came in contact with her; in consequence of whiali,
her starboard bow was stove in, and, in about half an hour she
filled and sunk.
The Court, which had the assistance of a Trinity Master, were
of opinion, that the misfortune arose from the want of a proper
look-oat on the part of the Union, and therefore pronounced for
the damage sustained, with costs.
Twe Gebroedersdaus master.—This vessel was sailing under
Dutch colours, laden with salt, on a voyage from St. Martin's to
Dover, when captured. On the part of the captors it was conten-
ded, that this property was subject to confiscation, for abusing the
licence under which she sailed. This case was directed to stand
over till the next Court day, to give the parties an opportunity of
producing an important document.

• COURT OF KING'S BENCH, MAY 16.
LOPES V. RLITHE3FORD.

This was an action to recover £5O paid by the
plaintiff as a deposit in part of £lll, which he had
agreed to pay for some houses in Bennet-court, in. the
Strand, and which the plaintiff purchased of the de-
fendant at a sale by auction. The houses were sold by
one Edney, an auctioneer, and in the particulars of
sale they were stated to have lately undergone a
thorough repair.—It appeared now in evidence that
they were quite in a state of ruin ; that the outer walls
were out of perpendicular, and were supported by a
large strut which extended very far into the court.
Mr. GARROW, for the defendant, addressed the Jury,
and said that the witnesses must be mistaken as to the
ruinous state of the houses, because it would hardly
be presumed that the District Surveyors had not done
their duty ; and if they were really so unsafe as was
represented, they must have been pulled down by
lawful authority. Mr. Garrow, however, admitted
that they were out of perpendicular. He should
prove, he said, that they had been put in repair ; but
Lord ELLENBOROUGH thought that the walls being
out of the perpendicular, was such a material variance
from the particulars, that the plaintiff was entitled to
recover his deposit.—Verdict for the plaintiff.