Star.
London, England, 1829-01-10 00:00:00

• LAW iNTru.D4N::E.

•
COURT OF NINO'S BENCH, SAL '
•
• BAili 10. Cilia.
This was an action btoucht by the rtaintir eletlird
part owner of the ship Lancer, to recover Ir.tis the-de.

fenlant, an underesitat. the turn nt 5,1001. [no arhich

his share had been insured. The ship had been em-
ployed in trailing in the Atlantic and in the Nor h and
South Pacific Oceans. It tails stated in the first court

that the ship had been captured in 1821 by certain
pirates; and in the second it wa, Allege' t .at t‘ .e ship
was captured by persons tu.khown to the plaintiff. The
defendant pleaded that he was not liable.
Mr. F. l'oct., cm stated the case to the Jury. The
ship which WAS the sofject of the ptesent charge had
hero employed in the S ,utli Amertcan tt aJe. and had
been empl eyed in 1820 in a leading st, yage between
illio Jai eiro And Lima. A policy of insurance had

been effected on this voyare,but a letter was received

. .
from the C • plain of the vessel, requesting that the po-
licy might be enlarged. in consequence of the post of
Callan being blockaded by I.,:rd Cochrane. The first
policy bad only included ti e posts above mentioned, •
and at the time it v.:4% effected there was no blockade
of the post; a second policy f insurance was 'effected
on this ship, iticludo g all poets between. and to and
from or to 'he north of thoie pests, and thence to Gib-
salter: The Capt.iits's letter to his owners was dated
September 14, 1820; and the [sulky was 'fleeted no•
the 21st January. 1821 The' poliey included all or
any past amidste in the North or South Pacific Ocean,.
and Isbertys so dischaige the cargo at each or at y of
shim. 'As Callao was blockaded, this vessel proceeded
to San Mit', and afterwards desceneed to Piste, where
it was unlit ell. At this time the indep edence of the.
GeiteinMent in 'South An,erica had not been acknow-
ledged by the English Government. Certainly great
delay had ()cent led in tli.s Ca.& ; but he should be able
to account for is in a satin actr.ry. mai.ner. An .action
.had been. commenced against the under *rivets, for. -the
iitiorance r f ti is ship, immediately intent/seine of its
Toss had been received. It was then to-ted Nt •tsthe
insurance was only t&cted rattle posts t.f. Rio and Cal-
lao, and ports between those place,, and not a pl..ce to
the north of those ports. An application had been made .
to postpone the ttial until ihe a.r Iva) of the M ste or
Captain of the Lancer. The Mate had arrived is. E•
land, but W4b drowned he ete the case came on for trial, •
and tl e Captain isadainly recently' E./rived in this coon.'
try, and would be called by him as a witness. It aas, ,
he understood, alleged that the ship had been captured
by 1., rd Cochrane previtAii to the letter being winter),
II ch led tit the new policy of insurance; this, he would .
be able to *how, WAS entire y unions ded.
Mr. Ewing pieced that he had tied an insurance

on this ship to tote defendant.
CI, s,ezahlin-dby So J. SCARLITTHe was aware
that notificati, nof the Llucicioe of Callan by the
Clolian Government had appeared in Lloyd'. List,. in
December 11120; The date of the issue of the decree if
blockade was August 21, 1820.
Crptiin Milling, the C .entnander of the Lancer at
the time of V e tepid' e, examined by Mr. F..III•LLOCK
i his voyage to Callas., in Sept. 1820. he received
intelligence of the blockade of that port. He in con-
sequence of this put into risco, a port one hundred
wiles to the S,.uth of Callan. He then proceeded to
54.1 111 .s, in Mexico; :if er some delay their, as he was
unab e to land his cargo, he determined to descend the
coast to Chili. On his voyage down the coast, the
want r I a ater.com; erred him to ; ut inio Piscm, sr/hem
his ship A. caoirieJ, the latter end of 1821, 1.1 the
insurgent f. ices. Ele ued all his endeavours tog, t his
ship back, b,.t fte,.-wai unable to so.
By Sir J. SCARLETT.—IIe believed that the mg*
WAS all Engb.li, and nil Solidi. The papers de Cla ed
that the goods un boatd.'weie all Liglish. Ile enjea-
vowed to land hi. c•ri.o' ..0 Sin 'Bias, but he did not
know v lathe. it was then stated that 0 e cargo was
•Spanish. fire goods were put on board by English
meicliants, and chartered to .he Seanisiv merchants.—
There was a ilia' about the ship his f ire the Pros, Cowl
in Nit', and withess produced all the bills of lading
which he had, but the ship was constenired. He did
nut iirterfese with the cargo, as the cliastetets looked.
alter that. He undeastoud the shop was condemned as
a smuggler.
Sir J. SCA a LETT addressed the Jury for the defend Ants.
The e. el ence was founded upon an alleged
,deviation
from the terms of the pol cy ; but the Jury found a inh
dict for the plaintrff—damages.loo/.

SMITH V. SIIAW.

This action was brought by t::e plaii.(ff. who .:s
the mater and. owner of a vessel caller.' the Rebecca,
against Ow Comnurcial Dot.k.' • CEMpis..y, to reco-
ver damages for the illlestit int, riper conduct and
negligence' of their .servants, in cr,no Time 01 wbkh
•the'plaintifrs ship went aginone, d suktained con-
side fable injury It eppeared on the evidei ce, that
the Rebecca soming up the River en elver the Com-
inertial Docks, in January 1827, mach- fi,t to the buoy,
a little beide, the Dock entrance.; slie.. was moved into
the channel -to gri into the Docks, and it was found
there was not a sufficient depth r f w-ter. The ship drew
sixteen feet five inchkt, and the water in the Qock was
only sixteen feet seism inches. Captain Thompson; the
Dock-master, then ordered her back. and in her removal,
the ropes which held her a-head having been loosened,
the ship vent on Store. The plaintiff comp‘isined of .
eAligeore in two•Liiiices—Fitsr, he said Cartaiw
Thomp,on did • nat• make due inquit y as to.the ship's
draught of water until he got to the D,ak-gateti and
secondly—the peopWbelonging to the Docks threw off
both Topes. which hacrbeen Listened on shore, and left the
men on board navemas. of holding her off the grounds.
the plaintiff's cao was proved by the second mate
_ _

1,1 the :hip, and•by.two other men who vete on board
when the acciJent happened.
On the vitt of the defenJant, Captain Thompson
said he vw, induced to allow the ship to enter The Dock
Channel in coosequence of a misrepresehtatiob re.pec:--
ing the draught of water; he wa. t Id so.e drew no mnie
than lift en feet five inches. On her removal hick the •
people on board loosened the ropes, which he ordered
them to keep fast, and thereby occa.ioned the accident.

Laid Torranotu left the Jury to decide on which

side the weight of evidence turned, and. they found a
verdict for the plAiattf.—The datnageb weie settled
out of Court.

• • -
NloggLy, who, when asked, "what wine do you
•
drink, Doctor r answered, " port at home, claret abroad !" Hit-
POCILATICA, the father of physic, recommends • elwerfLl glass; and
ItIiAIWB, an ancient Arabian physician. says no liquor is equrl to -
good wine. Rener.cit wrote a dissertation, Dr Pots Vinod°. amt
the learned Dr. SHAW lauded the" juice f the grape." Bet the
stoutest of its medical advocates was:foam; Wiltragan, physician
to Cnoat.as the Second, who undertook to prove the pos-i-.llity of
maintaining life from infancy to okl age, without sickness, by the
use of wine. It must, however, be remembered that Wsli.eras •
was cordially attached to wine, and a greater friend to the None,
than to the apothecary, having as utter a dislike to unrietsinw
medicine as the most squeamish of his patients; therefore Dr.
Toav's evidence must be taken with caution. independently of the
Courtly spirit that might have led him to adapt his theoties to the
times.—Quarterly Journal. •

WESTMINSTER, SESSIONS, JAL 9.

Mr. &ALAND addressed the Court on an appeal
aga;ost the convicton of Mt. Bouverie, of the H.q.
market. under an Act made for the accommodation oi
passengers. ' It appeared that Mr. Bousetie had an
area in the front of his house, which the Trustees con-
sidered as a.nuisance, as it obstructed passengers, and
that he had been ordered to remove it, and this was an
appeal against that decision. The Learned Counsel, in
the course of his speech, explaining what would be con-
sidered as a nuisance and what would not, said, he re-
membered in the time of old Isaac Walton, the fisher-
man, who lived near the Temple, be had such a spout
to his house. that if any body had stood under it he
would soon pave been spoiled out of his existence.
Mr. At. Lay was heard in support of the conviction;
but as two Magistrates on the Bench gave their opinion
in favoUr of it, and two against it, the case war ad-
journed 'Hail nest Sessions.
Richa►d Blake was indicted for stealing a shawl, the
rropertv of Thomas Dinky. The prosecutor deposed
that the shawl was stolen from his shop in Strutton-
ground, Westminster, on the 6:h of January ; and a wit-
ness depn ed to having found the property in bis Os.
se.sion. The Jury gave a verdict of timilty, and he was
sentenced to three months imptisonment in the House
of Correction, and to be twice whipped.
William (:a Hier was indicted, for haviu obtained
goods under false representatinns.—Gui4.
AbSAULT.—Thomas Lazenby. a private soldier, was
indicted for having, on the 16th of Dec. lest, grossly
and maliciously assaulted a married femile• named.
Mary Ann Shaw.—Guilty.