Star.
London, England, 1817-04-15 00:00:00

LAW INT4S2GENcS.

COURT OF CHANCERY, APRIL Is.. .
URORCIR W 11441111 FRIG/SRI= Duke of Lis &
Marquis of CARMARTHIR,. Earl of Dawn, and
Baron Osisortaa of Great Britain, and Viscount Dust-
atAsa of Scotland, took the oath of allegiance, to
qualify him to vote For an elective Scots Peer lb take
Ips.seat in the House of Lords, in. the room of the
late Earl of ROTH'S. Titosiasßoamer Earl of KIN•
HOULL, Viscount burrutt and Baton HAY of Scot-
laud, and also Baron HAY of Greet Britain, also
took the oath of allegiance for the same purpose.
The First Seal before Term will be on Wednesday.
We are happy to hear, that Sir SAIHURL RoMILLY is
so far recovered from his late indisposition, that be
will be Able to attend in Court that day.
• Sir ARTHUR PIGGOTT, we are sorry to state, was
not able to attend in Court this day on account of a
family calamity. We understand that his niece, who
had always lived in the family, died this morning.
His Honour the VICR-CHAkeLLAR is so much re-
covered that lie will si: in his Court on Wednesday,
and after the Seal will hear demurrers.
COURT OF KING'S BENCH, APRIL 14.
Two Special Jury causes were appointed for this
day ; in one of which was Scougall v. Campbell.—
After Mr. Guam had proceeded some length in an
able speech, a verdict was found for the plaintiff,
damages ASSN®. ; subject to a reference, which was
recommended by Lord Et.Lawsottonam as the best
way to settle the Same. Mr. Da MAN was seleettd
ai arbitrator. The I.rit was of no pubtic interest, and
occupied but a shori piirLion of the time of the Court.
The following were tried by a common Jury t

LosrDaki sr. TiroblAst. •
An action upon a valued policy on goods to the
amount of i 112,000, subscribed by the defendant in the
sum of :MX), on a voyage at and from Liverpool to
Chatlston. The name of the ;hip was the Mary-Anne:
the plaintiff declared as 'for a total loss upon the fol-
lowing acts :—The Mary Anne got under weigh on
the 6th of November .and dropped down the Mersey:
on Sunday, the 15t1: of the same month, before she
bad cleared the titer, aAtiolent storm came on. by.
which she was driven upon a rock and stranded.—
She began to filt immediate; but the plaintiff, by
the utmost exertion, procured a brig and a fiat-bot-
toned boat, and saved about one-fourth of the cargo,
which received little or no damage: the rest 'Of the
lading, consisting of 150 casks of earthenware, salt.
bed-ticks, hats, and other goods, was lost or spoiled
by the sea-ware;: and on the 20th November sale
was made for the benefit of the Underwriters. The
loss having takes place on Sunday, the notice of
abandonment could not be given until early onflidon-
Aty morning. It is necessary to add, that the cargo
consisted of assorted good:, fit for the American mar-
ket ; and that it was stipulated between the plaintiff
end the consignees in the United States, that it should
be carried out free of freight, on condition that the
plaintiff took in return a certain quantity of cotton at
a stipulated price, for the carriage of which the
aramon of freight was also settled. Under these cir-
cumstances, the emotion was, whether the plaintiff
Was entitled to neernrer XS for a total loss?
Mr. Rte.:bummer, on behalf of the plaintiff, suy-
ported the affirmative, contending. that the exertions
of his client oat' the day of the loss, when notice of
abandonment could not be given, ought not to pre-
ludice his rights. He was not aware that any case
ike the present. bad been decided. and the parties
bad agreed to pet all the facts is admissions, is elder
that the point might be more speady decided. Ac-
cording to the old decisions, if any cause intervened
seas to render the voyage not worth proseiming, the
assured might abandon ; but of late it had been held,
that mere delay of the adventure could not warrant
abandonment, provided it could ultimately be accom-
phsbed. In this caw, however, the speculation had
been entirely defeated; three-tourthsof the cargishad
&en lost, sad the ship had been broken up ; ao that
even eiappea*g the whole of the goods Ito have been
saved, the • l terms of the charter-party could
not be d with. The loss bad indeed, at One
time. been total, until the plaintiff. with the utmost
difficult', saved 'a small portion of the goods ensured,
Card E.U.tut Boaounn.— It has been settle. that the
amused must abandon during the existence of the total
loss; sod here the antics was not given matil oak
quarter of the cargo bad been saved.: it esanthe an
existiog. and not a constructive total loss •
hir.Scanmerr. for tbe Aelendant, said, that this de.
cision coincided exactly with the opinion of the Courts
in several recent cases.
Mr. groupie= added, that even the portion of
the goods saved was net out of danger until after the
notice of abandonment had been given, as the stone,
bad continued with 'unabated violence.
LoedEssinnoltaums.—Bot it was ultimately saved,
end money has been paid into Court to satisfy the
average loss.. I thought that some question "might
have -arisen upon the peculiar nature of the cargo ;
that being an assortment for a particular midget.
unless the whole. was lam. no part could lyres Wee
advantageously tent to the pun of destination g 'bet,
that does not appear•to be the case, and the *drew.
tore therefore was sot wholly defeated...-plaintiff
nonsuited.
ono= 9. DINT. .
This was an scion of trespass, fur takinga cabinet
pianoforte, belonging to the plaintiff, wire
is a musi-
cal instrument. maker. The pianoforte in question
was hired by a musit=inaster of .the name of Gall,
who lodged in. the house of the defendant; in Smith-
field. Gall not having paid for the hire for siateee
months, the plaintiff gave notice that be should re-
move the instrument, and accordingly seat his cara-
van for the purpose; .the .driver of the caravan re-
"sired that the pianoforte should be delivered to him,
and. Gall asked the wife oils& defendant (the defen-
dant not beteg at home) if sbe would consent to let
is go ? she replied. in the negative, and sent fee her
husband, who soon entered in company with a broker.
who diatrained upoilhekiseoforte fee rent due from
Gall to the defendadt. The value of the pianoforte
was stated to be 450, and 'this amount the plaintiff
might to MOVef.
.Lord tumnonewits.--The defendant had itstiear
right to distnia *pm the geode of its teem Or spow
than of a stranger epee Abe premises; hat be lithe
demand for the glabefesee was made by • the serraat
of the Aging/ howl abi Atm* by der brokervithom
the dame's human t thembsed to dallier was be.
for. the Asap*. auellittee demand. '
Mr. fkaw irr, igt 411allnidattt, observed, that