Star.
London, England, 1806-07-22 00:00:00

L4:7 4Vfl LLICENCE.

COURT OF KING'. BENCH, JULY si.
TTI.A.P. V. DLACKODRN AND ANOTNFIII.

This was .4!I „ni.,n ver, sforsied by the T.orsi
Chancellor, to try the rtellinn, wbetncr a publican
had been a fufficient ttader as to come within the
'lattice of bankrupts ?

The Plaintiff had been a trnbliran, sad 'kept the
Time Kings public houce, Or A!!gr-Iliert, RedLiao
-
Square, and the Defendants were petitioning Credi-
tors under a Commillion of Bankruptcy ifftted againfl
theft:artier, and in (uch cliaraScr had pollifTed them•
telves of Iris hock in trade, &c. our which the aflion
was brt•.ught.
On the part ofthe Defendant; it appeared. that the
Plaintiff was conftantly its the habit of fending out
porter, fpitits, and wine, to. his cuftomers in that
ighbonrhood, in (malt and large quantities.
The Learned Cottnfel for the Plaintiff contended
that this was done in the common comic of his ha-
irnets as a publican, and could not be within the
meaning of the bankrupt law. &It
LortLE LLLLL oturc obferved, this point had been
already fettled. If the Plaintiff could thew that he
had done this, only. in one particular inflame, then
there might be thme doubt of a general dealing ; but
it was a clear principle, that where a man held him-
felf out to the world that he was ready to deal with
every one, as in this cafe, that conAituted a general
dealing, and was fully within the provirions of the
laws againft bankrupts.
The Jury accordingly found a Yeedisa for the De-
fendant.

st'ettrzis •110 OTHERS V. YOUNG.
Mr. CARROW Rated that this was an adion on a
policy of irforance on the flip Dart, from London
to the South Seas, to be employed in the whale
fishery and taking feels, with liberty to trade during
the voyage, and to exchange and barter her goods for
bullies and (peck. She failed to the plate of her de-
flination, and on her return by the fouth welt coati
of South America touched at feveral Speed& fettle-
menu, and traded with the natives. At her depar-
ture from Enrope, Great Britain and Spain were
upon terms of amity. In April s 804, fhe arrived at
the Bay of St. Helena, a place difiant about a degree
tout!' of the line, for the purpofe of taking in water
and refreflunents for the voyage home. The Captain
knew nothing of the commencement of hotiilities, but
the Spanish G lemon. had received information- to
that effed. Very loon after her arrival, also= came
alongfide, with apparently only four men on board.
The Captain having no fufpicion, (suffered them to
enter his flap" their objea, as he underftood, being
only to enquire what news he had brought. Thefe
four men obferved that the crew df the Dart were
nearly all engaged below, upon which they made a
fignal, and 21 men, who were concealed under the
deck of the beat, immediately boarded her. They
Were armed with mufkets, and daggers. A
dreadful 'laughter commenced. The crew, unarm-
ed and unprepared as they were, made a molt vigo-
rous refinance, but as their arms bad been previonfly
fccured, they were overpowered. The whole crew,
with the exception of the Captain and another, were
killed. The Captain's brother was among the vie.
tints. The Captain himfelf received fourteen differ-
ent wounds, and had no left than (even balls lodged
F in his body. He, however, furvived his wounds, and
p miraculoufly recovered. The (hip was made prize of
with her cargo, valued at nearly to,oool. The Spa-
niffi account of this adventure admitted, that they had
furprifed the Dart, and t! at the Captain and his crew
had made a refolute defence. So well fatisfied were
the Underwriters in general with she tontine of the
Captain, that fifteen of them had paid their info-
ranee'. The Defendant retitled, but upon what
grounds it was baldly poffible to coujedure. The
policy was proved.
Captain Nl,Clellan was called to prove the intereft
of the plaintiff, in the veffel, and that fhe had been
lull by bonne capture. This brave and gallant officer
was proceeding-to give an account of the mafacre of
his crew, and of the manner in which the (hip had
been defended, but
Lord LtteitacutoucK thought it was unneceffary
to go into any proof of that kind, as the Jury were
dorubtlefs convinced that the Captain had done every
thing within the compels of Britith valour, for the in.
wefts of his owners, and the honour of his country.
Mr. SCARLIT, for the defendant, maintained, that
policy of inference, with liberty to trade, only im-
plied that fbe was to trade within the kope of the
voyage, and not to deviate into tracks remote from
her anurCe. In this indance the trading had been to
a part of the Spanish American coalt, which was
very tar removed from the eonrfe of the voyage from
she South Seas. He contended, that the trade in
which the Dart had been engaged was, with refer.
es,ce to the Spanish Fitcal regulations, contraband,
and., therefore, not fuck a traffic as the Underwriters
could have had in contemplation. He produced fe•
veral witeerfe,„ vr!tn proved that the Gulph of Gua-
y.ul nil, Bay of St. Helena, was conftderably out
nt the way rat that cowls of trade in which a South-
rn Whale Fithing veffel could, by any poffibility, be
uoppofed to be lawfully engaged.
Mr. Gaaaow replied. and Lord ELL/anaemic ur
aidreffed a few obtirvations to the Jury, who retired,
thiil,erate. and in an hour returned a verdid for .
• Defendant.

Chczonfegutner of their verdla, Ifs new trial Mould not he
will be, that the (Taunting trade cm the South-we-II toff
America, enll nu lava he farldtioned by the rdponlhi•
j ur heti& Whiter% in care of failure by capture or °thaw ire.]

WILCOX ror.r.

This was alio an aetion on a policy of infuranee
-ruin the (hip Urania. from Liverpool to the Crush of
tUrica. and involved eireumtlances tqually gallant.
shnugh lets difallrnus than the former. The rlantiff
went for an average Infs. It appeared that the Ura.
MI4 failed in company with the Laura. They were
attacked by a French privateer, which they gallantly
beat off, after alevere engagement of fevers l hours.
in which the Captain of the Urania was killed, and
the , Captain of the Laura atonally wounded, He
was think by a mason ball in the abdomen, and his
bowels laid bare t not witheanding which he conti-
nued to command his (hip, and beat off the privateer.
The Urania andiile Laura then made At Demerara,
but were again attacked by the fame privateer. Cap-
( .in though wounded in the way dcfcribed,
notinued to give t.ireSionr, and t, fight his (hip till ,
• rven vcirels :again beat off the enemy, and they I
• . —dcd is getti•ig, without It:niter damage, isttu