Star.
London, England, 1817-03-07 00:00:00

LAIV INTRLLIGENC2.

COURT OF MHO'S BENCH. MARCH S.
10E PAIVIL2OI OF C017R72 011 LAw.
The fithroftWEY GOIRRAL moved, that a Gentle-
man. of the name of Cummings should be dis-
cforged from coanernent, under the following cir.,
cumsrisocesc--He was arrested as be was quitting
that Cfsurt, where he had been attending a cause in
wh;ch he was interested, and it was of the highest
importance that he should lattiresipt to explain to
the Solicitor respecting the survivorship of executors.
Lord aussaintouoif—ge Was he tubpcenaed at a
witness ?"
The AITMINII-GENVlAL—"liev.ias not, he was
Orly interested in the cause ; and When be asked the
bailiffs to let him return into Court to speak to the
licitor in the action, they refused to allow him,"
_Lord ELLENsonotre:ii—" Can yoo shew me a case
wherein persons, who were neither Counsel. Solici-
tor, nor witness, claimed the privilege of the Court,
as being interested in the cause ? Unless you can
iiew me some' authority of some of my predecessors,
I cannot grant your request."—Motion refused.

•
until the 76 Siptseiber, although be was undoubt-
edly acquainted with tho fact a week before : bad he
written on Monday, the 2d of September, be might,
perhaps, have prevented the completion of the Insu-
rance. His Lordship did not chilli: that any suspi-
cion was fairly to be deduced from the anxiety of the
plaintiff on the &today morning. which induced him
twice to go out to woke inquiries. The Jury would
not probably infer that he had then obtained some
secret information respecting the wreck of his ship.
The Jury immediately found a verdict for the
Plaintiff—Damages 0100, deducting the Premium
which had, been paid into Court by the Defendant.

ADMIRALTY COURT.
I
THE SHIP HERO, • (HOWARD. MASTER).
This was an important question to ship-owners.
arising on a bottomry bond. It had been argued at
great length on a former day, and the Court, after
In/king time to deliberate, now delivered its judgment.
The Judge (Sir W. Scorr) said, this is a demand
made by the holder of a bottomry bond, to have the
bond enforced by the authority of this Court against
the ship. The bond was given by the master at Li-
verpool, to a merchant of that place, for money ex-
y.enried on the necessary repairs of the ship, which
belongs to New Bronswiek. Bonds of this kind,
when duly given, are sacredly regarded, and vigo-
rously upheld by this Court, with a view to the ge-
neral interests of commerce. The necessities of com-
merce often require that the Master should have a
power of pledging both ship and cargo for the pay.
mein of repaint done to the vessel ; and when that
power is properly exercised, it is essential to justice
that the party advanctng his money on such a pledge
should be fully protected by the law. It is a law of
great antiquity ; transplanted trrm the early marl.
time codes into the joriepruJence of this country ; .
and it sanctions the eLiction of an interest on the
money lent, which'would in other cases be deemed
usurious, but which is not so in c 'se% of bottomry,
where the security is in its nature perishable, and eon•
sequeistly the risk is so much the greater. and to be
more fully compensated. There are, however, cer-
tain principles to which bonds of this nature must
conform; and two objections have been Liken t•P the
bond in the present instance, as inconsistent with
those principles. The first objection arises on ' the
face of the bond. It is argued that the rill: should
be commemorate with the whole voyage on which
the ship is bound. when the money is taken up;
otherwise a mere nominal risk might be inserted, and
a high maritime interest claimed where noise is equi-
tably due. In the present case the vessel was bound
from biverpool to Newfoundland, from. thence to
New Brunaseick, the port of her owner, and after-
wards it was intended that she should return to Liver.
pool The bond makes the risk terminate at New.
foundland. but the inoney to be paid mai on the re-
turn to Liverpool. This is indeed an uncommon cir-
cumstance in such bonds, and it seems somewhat
, awkward and incouvenieot thus to disjoin the periods
lof terminating the risk; and rendering the money;
but I see nothing fatal in it es an objection to the
bond in point of law. Here is a koalas risk run on
the voyage to Newfoundland. The liability to pay-
ment is sacurred oo arrival there, and the mere post-
ponement of payment, in no degree affects the vsb.
lidity of the transaction.-
The other objecting is of a very different kind, and
arises from very different considerations. It is uated
that the lender 9f tint money (Mr. C, of Liverpool)
was the Agent of the Owner of the ship ; and he ad-
vanced the money in bit chancier of Agent, on the
personal credit of the Owner; and that it was not
competent to him afterwards to change that security
Isy taking a bottom, bond on the ship. It is justly
observed, that the maritime interest given in bonds
1 of this kind is allowed only to a privileged stranger,
and in a case of necessity ; and it is said, the cast
does not arise here which is the requisite foundation
of a bottomry bond. Now I cannot say, it may
not happen (I 'hint it may) that an Agent, under
certain circumstances. may take a heliolatry bond.
It is not to be asserted that an Agent may not stop
in his character of Agent Where prudence bids him
stop. that is. where the credit of his principal affbrds
him no farther wonky for his advances.. In each a
situation I think the Agent ought to give due and
timely notice to the Master of the ship. in order that
.the latter might loot out in time for other means of
supplying the vein?' necessities; sad I think the
Agent should also, if posiible. give nodes to the
I Owner. At all events. opportunity should be al:
forded for raising the lonney, it possible, elsewhere:
and 'kith these serecautioat I think the Agent would
be emitted, like say ether person, to take a bottom-
fee bond for theetsbeeqnent advances which be might
think proper to snake. Igo further; if the Agent's
.advances luid loos much further than he had reason
to suspect, I do not say he 'night not take a bottomry
bond for the excess beyond what be originally meant
and intended to advance as Agent : of course in this
case he should give due notice to his employer:—
In the case before me it is staled, that Mr. C—, the
Agent, had paid a sum of 1321 for the repairs
of thirship; that she was in want of further repairs,
which were ordered accordingly, and when done the
bills were sent to him; but he, finding that they
amounted to St9OCI, refund to advance the money
without a bottoenry bond, which was accordingly
executed on the fah of October, the very day the
ship sailed. Mr. C. himself speaks somewhat loosely
of the time when the bond was first proposed, as
being about the loth; but I think I am beult‘ to
take the Mister's statement, because it is more pre.
cite; and be positively swears that it was not till the
26h or 27th of October, and after the ship bad bran
cleared out, that the bond was proposed. I shall
twat dispose of this sum of 1321. which cannot be
, considered as fit to enter into a bottomry bond,
' because it was clearly money that was advanced in
thecharacter of Agent aloes. It his &senor ten laid
down that it is not necessary that a bond should be
executed in the first instance. It is sufficient that the
money is advanced from the beginning, on an an-
, derstandinsett a bond will eventually be given.—
. Here it is that there was no such understanding
relative to the'434l, and therefore, thirogh it is not
. usual in other Judicateess to divide a bond, and Oa
, pounce for oat part, and igainst another, *et, as the
' equitable Jurisdiction of this Court admits of inch
diviskio, I-should pronounce against the bood. as
far as regards the ash Ives in erne to swain
it in respect to the snotehmite: Bet. the question
is, Whether Mt. C. dill not ad throes/hest as gene j
Now it Opens Witt airthe repairs ware *rifted by
1

Tbat was, in effect, an advaree of i►ls minty,
for the person ordering repairs becomes from that
moment liable, and consequently does. in effect. then
make the advance ; but one who has advnneed his
money as agent, cannot afterwards turn round and
say, he hu not acted as an agent, but as a stranger.
Besides, the Master says, he was compelled by the
lateness of the proposal to accede to it. He might,
perhaps, otherwise have raised money elsewhere on
better terms. The ship was about to sail next morn-
ing. I think this does amount to a kind of compul-
sion. After mentioning a few other slight circum-
stances. the Judge observed :74 do nut mean to
'throw out any imputation against the lender in this
case. He probably thought himself tully entitled to
take the bond; but I have to consider whether it is
one which can be upheld as ♦alid in this Cow t ; and
I am of opinion that the second objection to it is fAtal,
the money not having been advanced under sock dr-
cumstances of necessity WIS this Court considers essen-
tial to the valid.ty of bonds of this nature.
, The Court, therefore, pronounced against the bond.
READING ASSIZES. MARCH S.
LORD AUINCID /141 r.. KINCI.

Mr. Dnusrev, as Counsel for the plaintiff', Eatec!,
that this was an action brought against the defen-
dant, who is a tenant under the plaintiff, for the
breach of an agreement. The contract entered into
between the parties was well known and understood,
and was one of that description which ought, upon
all occasions, to be regarded as a :Acted covenant be-
tween man and roam One of the provisions of the
agreement was to embarn the produce of a farm ren-
ted by the defendant, and that he, (the defending
should not carry off any hay from the farm without
returning an adequate quantity of manure ; that is,
for every tou of hay ie.:en off, be should return two
Clift loads of manure.

Mr. Justice rAItIG-.-{1 i would wish it to be mi-
lder:mod, that if a rnan tak s a farm under certain
s,ipulations, and he continues in that farm after the
lease shall have expired, he • must by law abide by
1 those stipulations. I would wish the public and the
'farmers (who do not seem to kaow it as well es they
ought to do) to understand, that this is the law on the
subject."
Mr. DALTNCEY." My Lord, in the present stage
of the business I am perfectly wining to refer it to a
lawyer."
The parties, after along consultation. agreed to re-
fer the matter to a Gentleman at the Bar.

MAt►sfon Housee—Yesterday Jemimi Sylvia Ty-
ler, an interesting young female, applied to the LOAD
MAYOR for assistance under the following circum-
stances s—Shi stated, that about sit months since,
she had been regularly married to a man named Wil-
liam White, •who had scarcely suffered the honey-
moon to pass away, ere hi commenced to visit her
with every spesits of cruelty. This unfeeling con-
duct daily incteased, and within the last iew days
had been so inhumanly exercised, that she was
driven- to the expedient of presenting herself before
his Lordship for protection. To this tale of suffering
she added a still more infamous charge, that ot hav-
ing diteovered, widths a few days past, that her re-
puted husband was the legal partner of another wo-
man at present living at ltiegate.
The Lotto Mavoa inquired whether she could
prove the latter part of her statement, and if so, upon
which of the charges she meant to proceed ?
The complainant appeared muds distressed at rise
question, but atter consulting with hoe father and
sister, woo were present, she.resolved upon bringing
the object of her complaint to justice for the greater
offence. The information of the complement WAS
then taken, and 'Leads's-tier, the office-, being dis-
patched to the neighbourhood of the Bent, While was
taken into custody, and brought to the. Mansion-house.
Upon his appearance the complainant burst into a
flood of tears, and expressed a wish to withdraw the
charge.
The Lotto %sena, however, was of opinion, that
the flagrant trinity of the prisoner, added to the in-
famous crime now imputed to bias, rendered the ease
a proper subject for the consideration of justice ; he
added, that it was too late to abandon the charge.
Orders were then given by his Lordship to secure ,
the attendance of the prisoner's first wife, and all the I
parties contented, for edunination on a Inters day. I
The prisoner' was, ia consequence, remanded.
QUIRM-QUAnt.—Yesterday a young man, named
Snit& wee charged -with violating the person of a
girl ender ten years of age, his lIIASICei daughter, a
boot and shoe-maker, in the neighbourhood of Lei-
cester-square. He was committed.
Wortsme-erearr.,Yesterday Milian Mei, Mary
Ants Petro., and Dime Ford. charged with uttering
several counterfeit sispences of the new silver coi-
nage, were re-examined. The Solicitor to the Mint
attended, and nine sixpences paid away by the priso-
I nets, besides three found at their lodgings, were
proved'to becounterteit. SOfite of the witnesses not
I being present to be bound over, the prisoners were
commuted, to be brought up again on Monday next.

Since the time of the Brewers raising the price of
Porter and other Mak liquon, Malt leas fallen 20s.
per quarter, which has reduced it to nearly the same
price as before the addition—but no alteration has
taken place to the consumer.
Lupton Mansion House, the seat of R. O. GA.
COMM. Esq. in Donetshire, was broke open a few
nights no, and property to a large amount stolen.
'lhe house of Mt. Dionvu, the Performer, was
last week broken open, and robbed of plate and
money to a considerable gmeunt.
A poor fellow from Ireland, being lately examined
as a witness in Guildhall, was questioned by Coun-
sel as to his occupation or employment, to which he
answered, with characteristic sotliwttig. Faith, Sir,
when times were good,- ihrise your Honour, I was a
farmer I but now, that than soh*: to do, I,am a
labower P'

Monday se'nnight an industrious man,- Snob
Hale, and his family, consisting of a wile and five
children, were removing froln Shiphant to Gurney.
dads, Somerset, when the cart, which was loaded
with household fusditure, and on which the wife and
three children were riding, was unfortunately ewer-
,i and the woman and her children being en-
in the loading, sweeten crushed by the cart
failtng on them, that the mother and two of her in-
fants were take; op quite deed, and • the third child
so Singled and bruin& that litthitgpe is entertained
GO its recovery.