Star.
London, England, 1805-12-18 00:00:00

LAW IAnTEr.LIGENCE.

COURT OF KING'S BENCH, DEC. z 6.
INGLIS V. .101.010•
was an atlion on a policy, on which an info-
Id been efFeiled to the amounv of 3oQol. on
and wool. on the freight. The name of
was the Phcenir, Captain Redman, and fhe
,ed in thS, declaration to be 101 l by peril's at

ASIIIIIII, for the Plaintiff, faid, that this vef.
It Charleßown in May 1798. There the was
fo ertznfively as to be made almoß a new
id adapted to the mitt difficult and dangerous
ion. From South Carolina. the p-oceeded to
,in order to be laden with fugar. At_ the
iace the was again repaired, and pronounced
3e future voyage. The next Rep of her pro-
= to St. Kitt's, end before the arrived at this
the fprung a leak. At St. Kitt's the was ex•
under an order of the Admiralty Court ;
declared incapable of continuing at fea, and
irefented to be rotten all over. 'The Jury
learn, however, that the furveyor who had
that the was in a Rate of- utter decay, and
tate diffolution, found it convenient, for his
irpofes, to put-chafe the vette] for 15001. and
ms a fudden, the became perfect ; the proceed-
England with the cargo of fugar ; the was
to the rank of A T in Lloyd's book ; the had
rice to the Baltic, and was now at Leith, in.
miry of the Learned Cotnifel. Mr. rt. a-
tancloded, by laying. that h; ihoold prove
b to be fra-worthy at the time the failed, and
tkes give evidence to the nature and cif.'
races of the injury the fittlained.
Ei.t.shaorteuGu--., How do you pot ynnr
Do you mean to tar, that the loft was onea-
by a handl:lent furvey 3 It ferns to he g
the fraudulent judgensent which condesn
aad lots by tke hand of man is not'a rifque
again&
SoLictroa GllllltALi fol. the Defendant, ad-
, that the Plaintiff had a right to an average
the (hip was lea-worthy.
,tin Redman Aid, he was matter of the Mas-
en the was condemned ;he fir knew her at
llown,in May, 1798 ; the had been complete.
tred ; the (uck bus eye as a valet worthy for
Lvigation. He failed with her the latter end-of
to St. Pierre ; the made water in eroding the
EMI trades. When the plunged, fhe made a
Table quantity of water. -He arrived at Marti-
where lonic part of the cargo was delivered;
ts laden again, and failed for Grenada, where
feliarged her cal go in lobo. The veffel was
surveyed. and made in a fit fate to proceed.—
repair was done that he withed, and, of courfef
ired that every thing neceffary for her feevrity
be done. .He recommended the head to be
out, conceiving that the leak was tinder the
rails. Her fails were bent for the voyage, when
is taken lick ; but hoping he might recover, he'
to fea with her ; fne arrived with the convoy,
Kitt's. but he never had been noon deck, te-
m his firll coming nut of the Bay of Si. George.
is arrival at St Kites, he went into the country
tie atth ; and when he returned, he found her
had hem opened. During the pear. to St.
he once heard the mate making a tuaif; in the
and creating the fort of alarm Initial when any
is going en upon deck ; he added. that he was
le to fay whether the had encotaittered any bad
ter, as he was never on deck. He admitted that
of he. timbers were rotten at St. Kitt's, but her
le planks were. good.
Iptain Sti7.er fail, he law her at Grenada, and
the was tea worthy for a voyage to England.
tptain Shields fpoke to her artival in the port of
ion in a fea worthy c•intlition ;.Jse rated her in
tcl'i book,. am' ~g the fir fl •
le Smacstroa GOISItAL, fur the Defendant, ob-
), that this was one of fi• fe infiance, in which
Underwriters had been in danger of {offering
the fcandalous frauds in the Weal Indies,which
much more reams th'us the perils at fea. fie
Id lay, out of the cafe the queltion of total It fs,
tufe there was net a tingle circumßance to fop.
fuch a pretentien; and bee:peeled, fuccefsfully,
labia the propotition, that the (hip was not fca-
iy when the left Grenada ; that the received no
r during the voyage to St. Kitt's ; and that the
:mnation was an at of fraud. She failed from
iuinter • place on the 20th of Odober, without
tittering any weather which could ditlrefc a vet.-
r to enter the water, and yet, at St, Kitt's, a
or was demanded, the cargo was difembarked,
the was declared utterly rotten, and unfit for

.ce.
Lord ELLTNllONOUGH:interrupting the further pro.
of the cattle, remarked, that these was no inju-
gained by the perils of the fea : it did not even
tr that the water came in, In as to endanger her
it:km' to the Plaintiff WAS fclely occasioned by
•andulent fns vey and condemnation at St. Kitt's,
:onfequently there was no preterce for c harg-
:he toickrw: hers even with an average iofs.
to PlAintiff.was accqrdingly nonftti;ed.
WAIDSNS AND CONIbtONALITY OF THE. COLD-
IMITH'S COMPANY r.VICKARY AND LLO'.O
it SOLICITOE GENERAL, ful• the Fltintiifs,
this aBiun of ejetarnent rots brought rt,r a f“r-
,e. On the t5;11 of November, 1736, the
Smith Company dcmikd the premile, io yid
fituated in Primrok•tlreet, Bifhopfgate-ttreet
iout,tofienjautin Hunter, for the term of eighty
1. In tile indenture there was a covenant, rt•
log the *Henrys of the dime to deliver to the
dens Of the Company, a copy of the terms and
Imftances of the alienation, and that alt writings
tis fort mould he drawn itp by the Clerk of the
)pany: The premises afterwards became veiled
ilbert Lloyd ; they cunfifted of four hoofer ; and
of them were Afterwards demifed to Clara Su-
-1 Bland, and the remaining two to Thomas
itt, Mifs Bland and Thomas Allen fubfequently
/married, and the latter was cauitled therefore to
whole. Thomas Allen dying on the 25th of Ja•
try. t 783, the prernifes were ztequeathed to Clara
iefki Allen. In 1801, being thus Rarefied, The
rated to make a conveyance of them to Henry
(herd, on whole behalf this au ion was brought
Allen applied for an advance of 500 guineas, on
not of there prernifts, and received it, in the pre-
vi Mrs. lilderton, her daughter. The alEinment

teas executed in Calm of Mr. Shepherd, and the rents
were paid to him. On the tlith of 08oher, 1:3oz
Mr. Shepherd was furprifed at receiving a notice
Mr. Heathcnte, informing him, thflt, by the will
of Clara Sohiefki Allen, all tliefe meiruages, for
which he had paid his money, were conveyed tr,'
the Defendants. In this &nation of thing., Mr.
Shepherd brought an ejectment againftqiickary and
Lloyd, but did not fucceed, becaufe he could alone
fuprrt his ow:tclaim by his own rights ; the Plain.
tiffs, therefore, in this a&ion, bad interpnfed in hi,
favot.r, and contended, that the right in Clara Sobi-
efai birder which the Defendants claimed, was
forfeited ; b.:caufe, in the alienation to them, the
covenant, neceffai v to render every alienation valid,
had not been complied with.
The cafe (landing entirely on the admillions in the
caufe, no evidence was produced.
Mi. ER3EINE, for the Defendants, defired tliAt the
indorfement on the leafe to Mr. Silrepher d might be
read by the Clerk of the Court.
. This indorfetnent was by Clara Sobieriti Alen, al
hiring the kale to Henry Shepherd, and Vi3S dated
thy loth of Augnft, iSot. This alienation was IC-
cognized by the, Plaintiffs.
• Mr. EASKINE Paid, that the mere recognition of
this Irani:it:lion was an acknowledgment by the Plain-
tiffs, that the right to the leafe ezided on the toth of
&Igoe, any, in C. S. Allen; and that, therefore,
tbe-Pleini ill's, at leak could not fupport a forfeiture
prior to that date, under which, Henry Shepherd
mutt be entitled. If a forfeiture bad been incurred,
this a6l was a waver of any right incident to it.
Lord ELLENBOROUGH." They admit an inte.
tell was yelled in her, and they give to her a fpecial
authority to her to affign to Shepherd ; but this is
no recognition of that right for the pnr;sofes here
contemplated : for they were not apprized, at that
time, of the caufe of forfeiture."
Mr.'BURROWS, on the fame fide with Mr. Erfkine,
took another objection, on the ground, that thefe
were only perform' covenants, which do not rim with
the land, and that Inch perfonal covenants only bind
the covenanters.
This objection was aim over-ruled, on the ground,
that the covenants relate to the means of taking pof
talon, and therefore mull be condrued to run with
the land. VerdiEt for the Plaintiffs—Damages, One
Shilling ; colts, forty drillings.

From tie LONDON GdZ"•TTE, Decmd,er t 7.

PARTNERSHIPS DISSOI.VED.

Ann Park, and Jane Park, of Newcaftle upon Tyne, linen dm- I
pers.—February 20 1804.
Margaret liinde, and Ann Robinfun, of Leeds, linen drapers.
July ty, 18os.
William Diekenfon and Jnfeph Shore, of Birmingham, mer-
chants —November 19, t Bos.
Mofes Barlowe ai,d Samuel Lythgoe, of Liverpool, fpirit mcr-
cha,,tx.—Decernber ma, tBos.
Fdward Lyeett, James Lyestt, John Tacncr and J. Dickenfon
o' Manchefter, Initials and calico manufadtut. rs.—Dec. 9, 18 DS. .
Witham Roper and James Tyrer, of Wigan; Lancalter, farriers.
December t, aos.

; 1
V
• Th;s wa
••
r..nee had
the 44,
tl e Ihip w
was ;laced
fea.
••• Mr. ER
fel was at
repaired
(hip, and
; navigatiat
! Grenada,
latter pla;
fit for the
I•refs was
rand, flt
arnined,
-" flat was d
.."
even rept
would le
t &lined t
inunediai
11 OWN' purl
then, on
r: cd to Ei
railed to
been. twi;
the coin
. sal:: a C.
the !hip
he lhoub
, •
i cunillan;
Lord
cafe 1)
finned I
Infs by
lied her,
infnred ;
Thee
!of., it I
Ptg
tit whei
Charlefi
Vil
1y rept;
the navi
June to
ki.;rth
confide?
fie was
fhe difc
thete tU
Ere' y T
)I he delis
&mid
taken 'o
head 14
he was
• went to
at St. I
, 4
ceps on
On his
f..r his
wales 1
Kitts,
night, ;
thing
unable
• weathe
firm! ol
outride
Cap;
ant oh
Cap;
Londe
Lloyd'
The
I ; ' (erred,
• • the U
from tl
were 21
would
• beeauf
kort fu
to edal
worth)
' * injury
modal
/' the fix
encour
fd 6r r
Purvey
and lb
fervice
Lor
r
ry
appear
The it
k the fra
I and c(
ing th
The
THI
S!
f :hat tl
Ititurc
Golilli
tion, I
; Witho
years.
Ward
• • circus;
of thi
Comp
in Gil
• two
biefki
Allen
intern
the w 1
I unary
Sobie
t
tonheriP"
S}
Mrs..
sernit
:met ;