Star.
London, England, 1813-01-26 00:00:00

BRINES .17.,BLINTER.

This also was an application to set aside the vet-
diet ft,: the plaintiff, and grant a new trial, in an ac-
tion on a policy of insurance, on the ground of con-
cealment. The policy was on a ship, and cargo of
wine, from Oporto to Lisbon; the vessel was lost by
the peril of the seas. The concealment complained
-of-was as follows t—At the time of the policy being
itnderwrittten it was represented to the underwriter
as being ir summer risk, and that she would sail on
or about such a day, and on this representation the
policy was underwritten ; but it also appeared that
the assuret had received a letter from his agent at
Oporto, in which it was stated---,4 the Captain in-
rex& to sail on such a day, and with convoy ;"—the
convoy, however, arrived without her ; and it was
contended that this letter ought to have been com-
municated to the underwriters at the time of their
underv..riting the policy ; if that had been done, she
would have been considered as a missing ship. Upon
this statement a new trial was granted.

E 1 MORE AND GTIIERS V. TEACH.

Tlli3 was an action on a Bill of Exchange, tried
before Lord ELLENBOROUGH, at Guildhall, when a
verdict had be, n taken for the plaintiff, with leave to
apply to set that verdict :tside, and enter a nonsuit, on
the grcund of a Arches having been commuted by the
plaintiff, in not presenting the bill on the thy on
which it became due. At the trial it was proved,
that the bill was presented by a Notary Public, after
five o'clock in the I:fternoon ; but this being after
banking boors, and no prier presentation being proved
in the course of the day, it was contended by the de-
fendant, that this was no presentation. The Sou-
Cerolt-GENLUAL, however, contended to the contrary;
and also argued, char, although there was no proof
at the trial that any earlier presentation had been
made, yet there was no doubt that it had been pre-
sented in the usual way by the clerk, in the course
of the day.
Lord ELLENBOROUGH, howevvr, observed, there be-

ing no proof of any earlier presentation than that by
Notary, and that being after office hours, could
not be considered asa presentation. He, although he
had lest it to the Jury at the trial, was of opinion a
new trial should Le granted, the costs to abide the
( event of that verdict. The presentation of a Notary
Public at any office, after office hours, or at a house
° or shop, the shutters of which wcre shut, could not
L•e considered as a presentation at all. The duty of
the Naary Public's presentation was not merely to
make a proclamation, but to endeavour to procure
payment also.—New trial granted.

S MUCCT. IN Cl STRATAGEM.—A few days since a party
of smugglers, who had landed a valuable cargo near
Dungeness, played off the following trick :—Having
been informed that a party of dragoons from Has-
' tings were on the look-out for them, they sent word
that they would resign one-half of the goods to carry
'away ti :e other halt. At the same time they gave
notice, that they bad left 180 tubs of gin in a chalk-
pit, well known to the officer of the troop. The dra-
goons rode off immediately to seize the smugglers
I present, and in the mean time the goods at Dunge-
I ness were completely cleared off. The tubs were found
in the pit, and safely conveyed to the Custom-house ;
liquor came to be exa-
!ontraband traders had
'kb salt water, instead

ness were completely cieareu of
, in the pit, and safely conveyed
but, when the quality of the I
mined, it appeared that the c(
insidiously tilled the heat. w•i
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