Star.
London, England, 1811-08-10 00:00:00

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L4ff INZELLIGENCE.

ADMIRALTY COURT, AUGUST S.
Consine Marianne, De Boor master. This was a,
further proof case, in respect to two bales of cam.
brie,.-111e Court was of opinion that the further
pro 4 was sufficient, and restored the same.
Experiment, Wredenberg master: In this case a
claim of salvage was set up, which the Court pro-
notinced against, but allowed the parties their ex-

Fences.
Cincinnatus, master. 'll'.s was a onestion of
salvage, on the ground of rescue..--The Court pro.
trounced one fifth of the property to the Salvors, to
be distributed in certain proportions.
Ralla, Coffin master.—This was a proceedingin-
sOuted by the Treasurer of the Navy, against Aiex.
ender T.„l,:ividson, Esq. Prize-agent, tor the non-dis-
tribution 'of the proceeds of the above prize, which
was captured by the Medusa, in NOvember, 1806. I
It appeared that the proceeds amounted to R3OOO.—
The Court was of opinion, that Mr. D. was liable to
pay the ordinary interest from the Ist of August,
1810, when distribution ought to have taken place.
La VnlontaWe, &c.—This was a proceeding of the
like new:, the proceeds of two pi ices, amounting to
R 17,516. Interest was also pronounced to be due
from a certain period.
Wye Prove, Johansen master..—Thit vessel, under
Danish Colours, in ballast, was sailing under a licence,
and destined finally td Hull. Fm titer proof required.
Adjutor, master; and Geselsc: ap, mas-
ter.—ln these two cases the property was restored,
subject to captors' expenses.
Avoust 9,e-Cape of Good Hepe.—This was a
proceeding instituted by the Treasurer of the Navy,
against Mr. A. Davidson, for not having distrilm;
ted in doe time a large sum of money tliat w;:s pat !
into his hands, as Agent for the army and navy, aris-
Lig from the proceeds of the ordnance stores wi:ith
were taken at the Cape of Good Hope, on the c ip-
ture of that ',lace. It appeared that Mr. Davidson
acted tinder the direction of Trustees respecting the
distribution of the money, and therefore the Court
was of opinion that he had ma incurred the pennities
of the Aar. of Parliament, but held that he was liable
to pay two months interest on the money retained in
'hia hands when distribution of the same otight to
_have taken place.
Buenos Ayres and it Dependencies.—This was a
case of a similar nature. It appeared that two agents
were appointed in this case, Mr. Davidson on the part
of the Davy, and Mr. McDonald on that of the army,
to manage the dish ibution of certain dollars that were
seized on the capture of Buenos Ayres. The Court
said it would male no order till the next sitting, in
order to give Mr. Davidson an opportunity of 1..110w.
• ing the example of Mr. *Donald, who hail already
made a distribution of the money, with interest.
Fortuna, Daene master.—This vessel, under Pros.
sian ci lours, laden with wine, was bound from Baur-
dcaux to New York.—Condemned.
Alert, McKenzie master.—Tnis American vessel
was laden whh wine, brandy, and silk, and hound
from Bourdeaux to Newbury Port. Condemned, with.
expenses.
Fem Soakskende, Frantzein maver.—This Danish
ship was destinW to .Leith.—Restored, subject to the
captors' expences.
Twee Gesusters, master.—Still further proof
was rquited.

COURT OF CHAVCERV.

..et:ousr S.--FIUDDAUT V. !UNSFIrI.D.
Sir Sitsruta, ROMILLY
.moved for an Mionction
this caus.,,, to prevent the ticighcers of the ship Oman
from removing her cargo, up;il the loss of al.' plain-
tiff Jtould be made good. It appeared that ;he plain-
tiff was one of the freighters, and the detend lot tl:e
owner. On the ship's passage home fr:•rn Buenos
Ayres, she encountered a gale of wind, and was ob-
liged to be lightened by throwil:g a part of the cargo
overboard, which part belcoged to the plaintiff--
The Learned Counsel contended, that the loss ought
to tall equally upon all the freighters, as the loss of
the plaintiff's goods saved the remainder, and even
the ship It was true that the master. of the ship had
offered to give a bond of indemnity to the plaintiff to
pay whatever sum might be award.-d him by the.de-
cision of an arbitration. This he refused, because
he *did pot consider the miter's bond -as good secu-
rity as a lien on the carzo ; besides, he did not know
what power they had to oblige him to consent to an
arbitration•when the laws of the country were open
to them. Under those considerations, he trusted that
his Lordship would grant the injunction.
Mr. LEACH, COUnNet for the defendant, said, it
was a motion. of a most novel nature. There was no
precedent for it on record. By the mode settling
which was offered to the plaintiff, be could sustain no
damage. It had been the practice from time imme-
morial, that wien a loss occurred to a freighter, and
there were a number of them, that they jointly gave
their bond to the master to be.answerable fcr the loss
Any individual might sustain, which they had all
done in this case, except the plaintiff, and the master
in return gave his bond to each freighter to pay him"
his individual loss. That this custom had neon re-
cognized' by the Gentlemen of. Lloyd's coffee-house,
since its establishment. That the defendant had of-
feted to leave it to the decision of any two Gentle- I
men, members of Lloyd's, and conversant with corn- I
mercial business. His Lordship would see the dan-
ger of granting the motion as asked by his Learned
I
Friend. The cargo would have to lay in the London
Docks
Docks until this cause was decided, and it might uI-;
timately turn out. as it did in a cause a short time
lack, that the charge for stowage at the end of the suit,
amounted to more than the value of the goods. Trade
In great measure was governed by custom and usage,'
and in some instances they became the law ; pr at least
the opiniortof Judges were guided by them. It was ne-
cessary that it should' be the case, for it was impossible
that the Legislature, could provide for every circum-
stance that may occur in commerce. But even it his
Lordship should think the motion ought to. be grant-1
ed, it' would not avail, as the greater part of the
goods were delivered to the freighters ; and it would I
pot be contended that there could be a lien on them, !
after they were out of the custody of the defendant.
He had net a doubt but his Lordship would feel him-
self justified in dismissing the motion.
Sir Swann ROMMLY said his Learned ?riend had
complained of the [why of the motion ; but he phut
le' acres heard a more novel 4tgualeat dna