Star.
London, England, 1829-06-29 00:00:00

0

Alta
COURT .NCERY, hits wr.
The case of Morris. Davies was set down on the
paper:kir flare* IMAring, and as it was known that it
would occupy the dhy. 00 other *cause appeared upon
the list. The address of Mr. Sergeant Russell was not
concluded at the last sitting of the Court.
The LORD CHANCELLOR entered the Court at about
half past ten, but finding Mr. Sergeant Rossell was
absent. his Lordship retired to his private room. The
Solicitor General was afterwards sent for by his Lord-
ship, and the Learned Gentleman-continued for a con.'
siderable time in his Lordship's private room. In the
meantime Mr. Sergeant Russell had arrived. At eleven
o'clock his Lordship resumed his vat.
M. Sergeant Ruiasta. then proceeded at great length
to detail and comment upon the evidence.
The arguments of Counsel were not concluded at the

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LILVt? t`.s LICENCE.
NORT e fHA

tieing of ate Court.
COURT OF MG'S BENCH, Jos 27.
Burlap In Banco.
la-PARTS THE PARISHIONERS OF NITWIT.
. The ATTORNEY GRNERAL4 on behalf of the parishio-
ners of the parish of Putney, applied for a mandamus
to be directed to the proper
,calesiastical officer, com-
manding him to sear in a churchwarden elected by
them. There was a dispute between . the Vicar or Pal-
Dental Curate of Putney and the parishioners, as to which
of them had the right of choosing the churchwardens.
' The Vicar chose one, and the parishioners another; and
the Attorney General moved for the mandamus in order
to get the latter sworn in.
.The object was to try the
question. •
Mr. Justice LITTLEDALE thought that it would be
better for all parties that it should be a rule to show
cause; but the. Attorney General might have a rule ab-
solute, in the first instance*if be pleased. • • •
the ATTORNEY GENERAL chose, the rule to show
batue, and then stated that be.had the same application
to make on the part of 'the Vicar, in respect of his
Chutchs.arden.
Mr. .-Ju.tice I,4ITTLED,ALII—No, no, that won't do;
you moved on behalf of the parishioners first.
Rule oa behalf of the parishioners granted.
NAYLOR p. TAYLOR AND CITRUS.
This was an action on a policy of insurance on goods
shipped on board a vessel called" The Monarch,' on a
voyage from. Liverpool to the River Plate, with liberty
to the Master, in case he should be warned off the River
Plate, to put into any other port of South America that
he might think expedient. The insurance was effected on
the 4th of March, 1826, at the time when the port of
Buenos Ayres was blockaded by the Brazilian squadron.
The vessel Sailed on the 11th of March, and having
reached the River Plate, it was taken by the blockading
squadron and sent to Rio Janeiro for condemnation.
Some of the crew had been taken out, but the Master
and four others were left on board, along with the-Por-
tuguese and Brazilians who had charge of the vessel.--
Before she reached Rio Janeiro the Captain and his men
contlived to overpower the Poituguese and Brazilians,
and got possession of the ship, which was brought back
to Liverpool. On intelligence that the vessel had been
taken and sent to Rio Janeiro, the assured abandoned
her as a total loss. At the time of the abandonment,
however, the vessel had beets recaptured, and before the
action was brought had arrived at. Liverpool with the
goods in satety.—Verdict for the plaintiff for 2001. with
leave to altar a nonsuit in ca_e this should not be con-
siJe. ed a total loss. 0
• The ATTORNEY Gantotat, contended that the non
suit ought to be enteresilse,_because the Master, in
retaking the ship, had violated the law of nations, as he
ought to have awaited the iudgment of the Admiralty
Court of Rio, which, it must,be supposed, would have
done right; and it the Captain' had nut intended to
violate the blockade, she would have been liberated-
2d, because. when the. Master got possession of the
ship. he ought not to ha* brought her back to Liver.
pool, but should have proceeded to some part of South
America-3d, because there was really no ,loss at the
time of she abandonment—and 4th, it there was loss,
it was only partial and not total.
The Couar took time to coosider before they gave
judgment.
%/MARCIE AND ANOTHER, ASSIGNEES OP ALEEDO,
ALMONERS OF WILLIASIS--ISSUR FROM OHANCRRYI
A Mr. Hilbers had been, in 1822, engaged in ex-
tensive speculations in Russian tallow, and Williams
bad some share in the concern. Alzedo advanced
money, and accepted drafts on the credit of 1,128-tons
of tallow deposited with him, at an estimated value.
Lots of the tallow were to be taken out from time to
time, to be sold by Mr. Rainer, a broker, and the produce
was to be accounted for to Alzedo. Williams, by gua-
rantees of September and November, 1822, engaged to
indemnify Alzedo against the difference between the
estimated price of the tallow and the price at which
it misist be sold ; and also engaged for the proceeds of
the sales being paid him, to meet his advances and en-
gagements from Hilbets. Accounts were rendered by
Alzedo to Williams, and were on two occasions ac-
knowledged by Williams, in letters to Alzedo, to be
correct atter examination. The result was a very con-
siderable loss on the spahlations. and Alzedo, and after-
wards Williams, failed. The assignees of Alzedo brought,
an action against Williams (defended, after his failure,
by his assignees) for a large balance, appeating to be
due to Alzedo. The accounts were put in at the
trial, uith the letters of Williams admitting their
correctness, and Hilbers and. Rainer were called
as witnesses. Ile batancc on the account stated.
appeared to W*118.0001..1)44 ,the phintiffs to 'k a ver-
dict for less—viz. 110.0001. The, then Solicitor Ge-
neral (Tyndal) obtained a rule' to show cause why the
verdict should not be set aside, and a new trial granted;
and Mr. Gurney now, in support of the tole, contended
that credit had not been given by Alzedo to Wslliams
for one thousand additional tons of tallow lodged in his
bends, and that there ought to be a new trial, or that
tke balance ought to be reduced to 63,0001. or satire
Other sum less than the 110,0001. •
The ATTORNEY G 21111144 Mr. Bnovounu, Mr. Pot.-
Look, and Mr. Rico AWOL relied on the settled accounts,
and the adenissiob by Williams that they Mere correct,
which the plaintiffs could not get rid of, and contended
that the verdict ought 1Q stand.
Lord TRNTERDstt (after the Judges bad consulted for
some time), intimated that his Learned Brothers were
not satisfied that justice had Was dope, and therefore
there must be a new trial —Rule alisoltite lot a new trial.
IT PART* POOH, A PRISONER.
Mr. CHITTY moved tot a role to show cause why
.1/avid Pugh, who had been imprisoned in the country
on indictments for various misdemenoors, should not
be admitted to bail._ It appeared that the trial of two
of these indictments, at.the prosecution of a person
of thegname of Stylds, had been postponed by the Ses-
sions, at the instance el the defendant. on the ground
of the absence of a matezial witness; but it was made
a condition with the agent of the defendant that be
should out •be bailed by the Sessions unless be paid
Styles his costs already incbtred ; these weresalculatoci