Star.
London, England, 1816-07-18 00:00:00

ARlxil'l7.7.

At I..fiterre.ri, rfiani, 14,1)-r:3, frtym IZew Orlevin ; and
Wit„ mitt, fit.ro the fv:elizerrai:em. At Pa totlbro' Pool,
t..)ato.no, tram l.ephern. At Waterford, Curlew,
P. &a!), ;min Newfirturtll:ind; and Niartnr, t if!) oil, fr Liitir-
t'extix. At I`nnlin, Hove. Ilan, t;:)!..1 !..lA•ito ; 2111 :‘•W:A.,, Ft-n-
-froti Riga. At Qathec, iii ion, Ifti:chiw; I.ll)era'ity,
Barns ; Sir Ge.irge Prtvosr, B irt err ; 1 nri! —;
tad I)orti, Fret.ch, from ; ; `la; net,
slakitnni; lior.-, nr. ; Jackson ; Cot-alit-law% ;
Ann, Scan ; Patter. !t! ; ')/:artatet, Pilking.on;
13-flooa, WPsen ; ; lotto, Pairttru;
klartirt, ; and lof.r and .IhomAs. Boerne, (tom 1.1-
verpvl. At LAW:y-0,11, th#: NuW Jo'on, Campion, from Jant:-.lca;
Cod Frien I.tic!terl).,.. from 1%1.•w Or!cana; Nancy, lirayi
Crum littrry. Oil, front Niiramichi; John Breturgi
fruin Inlboa; and Aim L!;th, fra:n Bourdeatak.

Tie .Toege Anthery, }incurs, from Lisbon to
Amsterdam, was totally kst the 11th ult. in Mount's
Day—part of the cargo sated.
EsuortazioN.—Lxtract from a recent Galway'
tn'paper 3 iiied the Hawke, LACY, for Balti-
more, with upwards of forty passengers, and the
Philip, lAAt., for New Ycrk, with eighty passengers.
The ship Ann lies off Gravesend, bound to America,
having on board ninety passngers."
A letter from Demerara, received in Glasgow,
dared €23 cl May, saye--,, The recent events in Bar-
b:Woes have had no effect here. Yesterday there Was
a s.lt of negroes ; some of them brought as high as
starling a head. We have not the least ap-.
Frtlensiuu."

The followiag is a description of a curious pheno..
Inetton which wis.obsetved by the Honourable Corn.
.parry's ships .Fairlitt and James Sibbald, on their late
ca%Ve :o.Calcptta : - 44 Oa the Ist of October our
oital y At noon was 13 ees..9l mill. S. long. 34 deg.
E. we t.b,ierved great quantities of stuff floating on•
the surface of the water, which had to us the appear.
once 01 sea weed. but were quite astonished to find it
,burnt cinders, evidently eo4anic. The sea was co.
.vexed with it during the next two days. Our latitude
the 3d of Oct-I3er at noon was 10 deg. 9 min..`:.
81 deg. 20 min. E. the surf *ice oaf time
Water rums so completely coveted with the volcanic
matter, that I should think it very unlikely to lIAVC
been drifted any considerable distance, as it is pro.
bable it would have been noith m:,ra scattered. In
an old chart I had on board, there is a submarine
volcano placed in the same longitude, and latitude,
about 8 deg. 20 win. 0. and from the great distance
iron any land where we found this cut ions phenome.
non, I think there can be no other way of accounting
for it, than the prolutbdity •;f a submarine volcano
xiisting in that netilthouthood."

Env INTZ A LIGBNci:.

• ..
Amtrtuttalt 6pcntr. luta' 16.
o,lwareow, Conte master.—. This was a question of
prize-agency, and it aro>ciipm a powrr of attorney,
bearing 'late the 23 t-f April, 1812. appointing Wm.
Tucker, Willi im Ape, and J. Page, Esqrs. Co.
Agents of the Officers and crew belonging to his
Majesty's ship Recruit, one of the ships composing
pat t of the squadron under the command of Admiral
Sawyer, stationed off the Delaware. tt further ap-
peared, that after th-. instrument was e*ecuted, it was
discovered that there was an erasure of the name of
J. Page, Esq.; but whether it was dune before the
execution, or after, or by whom done, the evidence
did not furnish ; and the material question then before
the Court was, whether Mr. Page, under all the cir-
cumstances (he being resident at the time in London)
was entitled to agency
The Court, after recapitulating the evidence, was
clearly of opinion, under the clause in the Prize Act,
Mr. Page was disqualified to act as a Cut-Agent, he
not being upon the spot at the time of appointment. I

COURT OF KING'S BENCH, JULY 17.
ttEivErT AND ANOTHER V. osnrutsg.
pla;ntiffs are mast makers in the neighbour-
hood of Wappinr, and the defendant is a ship owner
at Hull. The present action was brought to recover
4C. M 8 11s. sd. which were due by the defendant for
repairs done to a ship called the Abraham Newland
belonging to him. Wattles:es were called to prove
the repairs done, and the defendant admitted that they
were executed for him. I-Ic had paid into Court the
amount of the plaintiffs' demand, deducting rcit),
the sum that had been charged for a bowsprit—and
which sum, he con:ended, he bad a right to deduct,
under the foilowitig 6:curt:stances :—The repairs
having been made, and the bowsptit put on board
the vessel, she sailed for Jamaica ; but, when she had
completed a part of her voyage, it was discovered
that the bowsprit was unsound. It was spliced any.'
repaired, as well as possible, and the weather being
fair, the vessel arrived safely at Jamaica. The bow.
sprit: was there unshipped, and the carpenter pro.
ceeded to cross cut it—whek it turned out that it was
rotten at the core, and of no use whatever, except for
fire wood. It la ac accordingly sold for that purpose,
and produced 15s. `4d.

. . .
The A rrouNtv•Gistsettit;., for the plaintiff, now
c,ai:ended, that the defendant had no right to make
such asa uti. It he had tiny fault to find with the
!..owspilt, he ought to firing a cross action. The
howspr it, when put on board, WU, to all appearance,
sound. It had been examined by the defendant's
people, and approved of by them. The defect was
•.1 such a na ure, that it was impossible to discover it,
is it fay in the internal part bf the wood; and there.
f,sie no imputation of deceit could rest upon the
plaintiffs.
Mr. JEnvzs, for thM deteudant, submitted, that, in
this else, a eertaiii d,a4rce of warranty must be re-
sumed on the part of the plaintiff's. They Inust be
supposed to have warranted the article; at least so
lir, as that it should be sufficient for the purpose to
which it was meant to be applied, which the bowsprit,
it evidently appeared, was nor. The defendant,
then elute, he argued, had a right to make this set-off
af £6O, allowing to the plaintiffs et. 1.15.i2d. for.
which it wai sold iu Jamaica. Hr at the same time
ohserved, that no idea of fraud could be imputed to
the plisintiffs, who he believed were ignorant el the
defect which existed in the bowsprit.
Lord f.t.F.Nrsoitottoit held, that the Plaintiffs could
not be ccusidered as hiving given any warranty.—
There was nothing hire that looked like fraud. As
fa jr as they could uage of the article they had fur-
nished, from its external appearance, it seemed to be
well•suited to the use for which it was wanted.—
' They could not give a warranty for a defect which
was seated in the internal part of the tiNher. Had
there been any external flaws, the question weuld
have been difteteni. if the Leatned Counsel (Mr.
Jervis) wished to move for a new trial, his Lordship
would reserve the paint.
The Airy found for the Plalotirs—Damages
se2CB. I I s. sd.—and his Lordship reserved the point.

couRT OF COMMON PLEAS, JULY 17.
iicl/1111R0 V. PEAltsoll.

Mr. Serjeant Legs stated, that .this was an action
brought for the recovery of £4BO, the value of ten
hogsheada of sugar, according to the terms of a policy.
of instuance, which were lost by the vessel's springing
a leak on her way from Gottenburgh.to Stralsund.
Juan Francisco WADime, Captain of the Gallia.
pace, a Baltic trading ship.—This witness was exa-
mined through an interpreter, and deposed, that on
the 2.5 th Novemian, 1813, he cleared out from the
Custom-house at the port of Hamburgh, where he
had taken in, in addition to his Gottenburgh cargo,
ten hogsheads of sugar, to sail for Stralsund, with a
cargo of refined sugar. lid meant to have sailed
with the Swedish convoy at soon on the following
day. The convoy sailed at noon on that day, and
so did he; but owing to his having run foul of ano.
then ship, he could not get out with them : he had a
pilot on board: this accident caused him to get
aground, where he remained near4y three hours : he
then endeavoured to get up with the Qpivoy, but
tried for almost .two days without effect. Bing dis-
appointed in this anticipation, and uerelerstanding
that some Danish privateers acre in that track, he
sheltered himself near one of the islands off t7ee Swe-
dish coast, and sect to try and procure the protec-
tion of some Swedish gun-boats, which, however, he
was unable to procure. Under those circumstances,
not wishing to risk the ship and cargo, he thought it
a: e better ;lan to return to Gottenburgb, which he
did. He remained there during the winter (it was
one of pecoliar severity), and again sailed from
thence for Stralsund the earliest moment he possibly
could in the state of the season, on the 26th April.
Soon after his sailing, 1w met with floating bodies of
ice, and on the 3J of May, off the island of Drag°,
near Copenhageit, he got foul of a sunken trek or
wreck. His ship struck's() hard, that she sprung a
leak, and he was then under the necessity of bring-
ing her before the wind to try and save her, by run-
ning ashore at the nearest land. She there took the
ground in shallow water, and he got the 6fty•fotir
hogsheads, of which his entire cargo consisted, ashore,
but the sugar they contained was almost e:airely
melted away 11 the water ; about one hogshead to
the whole (there being a little in etch cask uninjured)
Was saved ; that is tosay, one filty•fourth of his cargo.
There wete stu,enty.eisht loaves of sugar sot ashore

thy, and about forty-fivet wet; the latter melted Away
afterward*, The :asks were all brought ashore.
In his cross-ekaniination, thii witness admitted that
g delay arose in the owners (the present • plailltiffs)
outing the ten hogsheads on board at liamborgh,
and that he conipleined, of that delay as the cause of
his losing the Swedish convoy. He also stated, that
the distance between Getienhurgh and Stralsund was
something more than fifty German miles. or 2,55
EngliAt ones, mid tl•at he had gone-nearly '23 or 'l5
German miles on his voyage in the first instance,
When he thought prCper to turn back for far of the
privateers, none of which, however, had he in sight.
lie had therefore, after accomplishing half his Voyage,
returned to the putt of Gottenburgh.
In answer to s question from the Court, the wit-
ness said he had been guided in his decision on this
occasion, to the best of his judgment, with reforeece
to the interest of all parties concerned.
The plaiatiff's case being closed,
Mr. Serjeant flrsr, for the defendants, who wtee
the underwriters of this policy, contended, that upon
the terms of their engagement they were not reopen-
;lisle for this loss. The tern:s of the policy were—
that the assnred should pray fifteen guineas per cent.
to return five if the vessel went with convoy, lor the
insurance upon the ten casks of sugar. But (and
here be rested his ground of defence) there was a
menesiraioltini on the face of the policy itself that the
underwriters %vete to sustain no average loss ; that is,
that if the whole cargo Was lost, they should, of
course, make it good, but they were under no respon-
sibility for partial accidents. There was no reserva
tion in the terms of the policy ; all inu.st be lust, or
there could be no recovery. Tois was, h fact, a
common practice in the assurance of articles like
sugar, flex, or fi.h, that were in their nature suscep-.
tihle, from a variety of causes, of a partial yet rid-
onus injury. It was quite clear, in the present case,
that the injury was pat teal—the Captain of the vessel
distinctly acknowledged that all the casks were got
ashore, each with some part of the sugar, and that
eveo a number of loaves were saved without injury ;
therefore there conid be no grohnd for recover y un-
der this policy. 'Poke another view of the case: the
insurance was from Gottenborgh to Stralsund, a dis-
tance of about '255 miles ; the vessel had gone halt
way : the Captain then became nervous ; every black
cloud looked like a privateer. The enemy was not
within his natural sight, but " in his mind's eye ;"
and he at once adopted the decision of returning to
Gottenburgh—that is, to run as much risk in getting
backwards as he would have incurred in pursuing ti:e
remainder of his journey. Were the underwriters to
remain thus nt the sport of his fancy, and were they
to be had to their potcy from the month of Novem-
ber until the April of the following year ? if F,ng-
lish uncle: writers were to be held so responsible to
foreign Captai::s for a three days' voyage, throit:;h-
out a whole winter, and then for its renewal in a oo
cond voyiw, there would soon be an end to sev-li
insurances altcge:her. There was another point to
which lie called the attent:on of the Jury, and that
Was this : that the piaiiitifr;) by dAiying the ves-.el
for a day and a halt, in eeoieg o,e ten ho,,lsheads eit
sugar aboard, had themselves deprived the Captain
of the, opportunity of sailing with colivoyit circum-
stance that, io reality. o;)structed his first voyage.
Tile delay was, therefore, the act of the plaintiffs.
Fle mentioned this quite exclusive of the considera-
tion, which was, in tact, a qtestion of law, relative to •
the terns: of the policy.
Sir VICARY Glees, in charging the Jury, said,
that this trial was for the a ecovery of the amount of
a policy of insurance upon ten hogsheads of sugar.
Tbe inquiry involved two questions—first, whether
the underwroers were responsible for the whole of
the ten hogsheads of sugar lost in the voyage, or only
for an average proportion—and t, secnnd:y, whether
the loss, as laid Is, lore them in evidenc,., was that sett
of average loss a.,,,aiirst which the underwriters had
pr-tette.d themselves accor,!ing to the terms of the
agreement. Something had been said in the court
of the speech for the defendant, as to a delay in the'
first instance in potting .ire cargo on board, and that
this had led to the ultimate loss, by preventing the
ship from sailing with convoy. There was, however,
no proof in evidence that the plaintiffs were the catlike
of this delay. Besides, the policy was either with or
without coavoy, there was no WA, raßty for her sail-
ing with convoy—the Captain only sought this ope
poatinity for the general safety of his charge. The
'Learned Judge here recapitulated the evidence of
the Captain, detailing the proceedings of his first
voyage. Ha might (continued the Judge) have pro-
ceeded on his voyage, 'tie true, although he knew
that the Baltic loos Olen swarming with privateers.
The underwriters were certainly by the Capotin's eau-
Lion held to their policy ; and they had no right to com-
plain, that, when acting to the Lest of his judgmen!,
he did not risk their interest as well as that of his
owners, by proceeding on a hazardous voyage.—
In tie subsequent part of the transaction, when the
`loss was incurred, no blame was certainly imputable
I to the Captain. Those were the facts of the case.
Another question then arose.-.-it was one of a law
and of 3:1 extremely delicate character. It arose on
the conoroction of the memorandum in the policy.
relative to the underwriters disclaimer against are:,/,;-..,
Ins; a:ld whether, according to the terms of IN: i:t.
strument, the present loss was that against wlech
they had protected themaelyes. Now, 101:Ilds. cot
of the Lit were covered by this assurance—by the
stranding of the ship, all but a 5 ith part were hot.
1 From the circumstance of this loss, em4eracing part
of each hogshead of the fifty-imp, it was impos-
-1 si'oie to mike a particular exception for the tea
! tFat were insured, as they suffered among the rest,
and the loaves of sugar saved were common to the
I whole cargo. Therefoxe to determine whether what
was lost in the ten hogsheads be a total loss, or a ,
partial ore, it became necessary to look to the prin.
ciple or the Fete:Ling regulation which the under-
writers errib-reied in their policy. There were certain
articles more liable to loss at sea than others, and if the
insurers did rot make a reservatipn, they would ex-
pose themselves on numberless occasions to a very
great average low—Fish, for instance, might becomel
putrid from a very little water getting amongst it, I,
and the entire loss of the cargo would fall on the
, underwriters it they had not guarded against it.—
'rimy therefore said, we w:11 pay a whole toss arising
from the accidents and dangers of navigation, but we
will pay no partial one. In the Court of King's
Beach it had been decided in the case of a cargo of
flag, that had,beta_ 044:01ton) the vase' in a bwrrn,

. . a
. ge . .
lnd n: part swallowed up in the sea, but score
portion gathered up and preserved in. a damaged
state, that the Underwriters were answerable for the
part totally lost, but not for that recovered and var.
dolly damaged. But in the case of a cargo of fish;
which had b.come so putrid by partial injury in the
voyage, that to prevent infection it became reees.,ar y
to throw it all overboard, it v.-as held by the Court
that the Underwriters were not answerable. In the
present case a loss had been sustained ; but the main
question was, had it arisen within that species of de,
terioration, against which the insurers had provided ?
He would, however, recommend to the Jury to con.
sides' whether any blame was imputable to the Cap.
tain or the Plaintiff, in the management of the v6e.
age, as matters stood at the time ; and to return a
verdict subject to the opinion of the Court, on the
c instroction of the policy as to an average loss.
The Foteman of the Jury addressed the Court,
and sa;d, that they were of opinion no blame was
i-oputable to ti,e Captain—that he acted for the best.
They kit therrsAyrs bond, however, to find a ver.
dict I(:r the D..feedant.s, according to the terms of
the policy ; the loss by sea in this case being, ill their
opinion, an average hiss.
The Jutlor.:—•' The less by sea might either be
A total or en aver.q.,,e Iriss ; but, in decid.rg tor the
Defendants, you .leave the elaintiff to seek the
opinion e,f the Court on the point of law, through
the medium of a new trial, instead of reserving the
point, by which both parties would stand on their
respective grounds, 311114 be nearer to a final decision.
fly finding for the plaintiff, subject to the opinion of
the Court, you leave the matter open—by finding
for the defendant generally, you at once decide on
the question of liability. Do so, if you please : Iby
no means seek to limit your province, if you see your
way clearly on the subject.''— The Jury, after a short
conference, returned a verdict for the defendant.