Star.
London, England, 1811-11-07 00:00:00

HOBBs V. HAMMOND.

This was an action upon a policy of insurance
upon the ship Jane, from the Brazils to Rio de Ja-
neiro, or any port or ports in Rio de la Plata, back
to any port or ports in Great Britain or Ireland ;
with licences from our Government, and from the
South Sea Company : and the vessel was consigned
to Peter Kendall, at Rio de Janeiro. On the ship's
arrival there, the Captain was directed by Mr. Mac-
larlane, his. partner, to proceed to Buenos Ayres,
where Mr. Kendall shipped on board the vessel a
cargo of hides, &c. In the mean time, the revolu-
on took place, the Viceroy was deposed, and the
Junta established ; and when the ship was nearly
ready for sea, she was seized by Spanish troops, on
the ground of her having snuggled goods on board :
the ship and cargo were consequently condemned,
and had never been recovered. Mr. Mannyar, for
the plaintiff, contended, that there was barratry in
the Captain ( Brown), and that he had no! :mkt' ac-
cording to the instructions of his owners. Bin, upon
the cross.examination of the Captain by Mr. GAR-
ROW, it appeared that Mr. Kendall had conveyed
on board the vessel a quantity of goods which had
tiot paid the duties, wholly with 1.• the knowledge
of the Captain, until the ship WAS seized. The Cap-
tain was directed by his owners ;0 comply implicitly
with the orders of Mr. Kendall.

Ll)rd ELLENBOROI:OII.—The orders being given
by Kendall, is the same thing as if they were given'
by the owners themselves. It would be other wise,
were it a fraudulent act of the freighters and the
Captain, to the injury of the owners. His Lord-
ship held, that there was nn pretence for barratry in
this case ; the plaintiffs had sustained the loss by their
own agent, agamst whom they might have an action,
but they cPulci not sustain the present one.—Nonsuit.
In this case, it WAS also dmided, that a licence from
the South-Sea Company could not legalize an illegal
voyage, as. part of the penalty was given to the com-
mon informer, and the Ling could not remit it.

MAYDIW V. SCOTT.
This was an action upon a policy of insurance upon
the ship Industry, to Pillau, or any port or ports in
the Baltic, warranted free of seizure in her port of
discharge. The only question was, what was to be
considered as a capture in a port of discharge ; for
the port must be coextensive with the means of dis-
charge. The plaintiff's own witness proved, that the
barb ur of Pillau extended two English miles caret
the bar ; and that he himself had had ships discharg-
ed very nearly from the place of the plaintiff's ship.
Mr. GARROW, for the plaintiff, then claimed a return
of 8 per cent. upon the premium upon arrival for 2.1.
hours. Lord ELLENBOROUGH said, that question
would be one of safe arrival : but he would save the
point.—Nonsuit.
MELLISH W. ANDREWS.
This was an action upon a Policy of Insurance for
8200 upon the ship Minerva, from London to any port
or ports in the Baltic, warranted tree from capture in
.her port of discharge. The loss was averred to have
been by seizure, but not in her port of discharge. This
policy was at 12 guineas, to return Je6 per cent. upon
rival ; and there was also another policy upon ex-
actly the same adventure, but in a different interest,
at 125 premium, with additional liberty to go back-
wards and forwards, and forwards and backwards.—,
When the vessel arrived off Cat lsham, she addressed
herself to the conductors of the voyage, who directed
her to Swinnemund ; and when she arrived there she
was sent back to Carlsham, where she came to anchor
four English miles nut of the harbour, on account of
bad weather ; the cable was slipped fur the preserva-
tion of the vessel, which had lost her windlass, anchor
and bowsprit. Before a carpenter could be procured
to set the vessel to rights, her papers were seized and
she was sequestered. This was on the ith of Decem-
ber, and on the 90th of April following, she wa.,
condemned.
Mr. VAUX testified, that the diffetence in premium
of the two policies did not arise from their difference
in wording, for he was sorry to say that underwriters
never read them, but Iron: the one being effected in
August and she other in Octulien—Verdict for the
1 defendant.

NOVE MEER 6.
This being the first day of Michaelmas Term, the
Judges in the morning waited on the LORD CHAN•
MAMA, as esual, and then proceeded in State to their
respective Courts.
The usual returns as to the state of the different
prison ships were read, which, in addition to the ordi.
nary statements, noticed various recent attempts en
the part of the prisoners to escape, particularly from
Woolwich, whence on one occasion, 19 prisoners es-
caped in a body, though the greater part of them were
afterwards apprehended and brought back.
On the motion of Mr. HOLROYD, a rule was granted
to shew cause why a mandamus should not issue for a
new election of a Mayor of the Borough of Plymouth ;
the last elected Mayor, Dr. Bellamy, having refused
to be sworn in, in consequence of his declining to an-
swer whether he had taken the sacrament within 12
months previous to his election.
Mr. Pot.comc moved for a rule to shew cause why
an exenerdstr should not be entered on the bail piece,
in a case where the bail had not surrendered the prin-
cipal within eight entire days during term time, it
Sunday were to be included, but where according to
this computation, the principal ought to have been
on the last day of last term, instead of

surrendered 7
being offered to be surrendered, as he now was, on
the first day of this terra. The writ was returnable

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'on die 25th fang itivie tnitfifiti Min Matti Oil Elie >fd
dray. There was therefore eight entire days to re-
,rea4er the principal, if Sunday was Included, butainly
seven entire days if the
was dot to be taken into •
the computation. Learned Cm:inset believed it
was a point that Intd never been decided. There were
certain exceptions as to Sunday, and he did net see
why there should not be ode here.
Lord tl,LENsottouon s.id the Practice was contrary
to what was now contended for ; and if one reason
more strong than another could be deeireal why Sun-
day sheedd be comprehended in such a ease* thi•, it
was to be found in :hie very circumstance, that eve,
on a Sunday the principal might be arrested, for the
purpose of being rendered in ditch tree of his bail.
Mr. Pate.oca took nothing by his to ton.
WSRIO V CHRISTIE.
This was an action uprin a Palley of Inserance
epon the ship Frederick William Gust trtT, horn
G ittenburgh any port or ports in the Baltic.—
rhe plaintiff s a4ent of Messrs. Heckskit awl Co.
and the loss -e averred to have been by capture of
Prussian soldiers. Mr. GARROW,.for the detendent,
objected that the licence Was given to Mr. dee.
gerdon, of London, and others ; but there was n•.
evidence of its application to the ship in question. '
Lord ELLESIBOROUGH over-ruled the objection, the
defendant having admitted the licence as f.r this
voyage, by the terms of his admission. If lie had
admitted that the ship was properly licenced, it
would have been enough ; but he had gone on and ad.
witted too mach. There should hive been a saving
of just exceptions to the licence. Mr. Gattitow treat
rested his defence upon one shirt point, which ap-
peared by the terms of the Captain's protest. The ves-
sel was bound to the Biltic, and -Arrived in Swinite-
mend roads, when she was in a condition to go in and
discharge her cargo ; and she had no right t i lie upon
her oars, and look about into the politics of the place.
If she did this, it could not be at the risk of the under-
writers, without their leave. In this case the Captain
addressed himself to those who represented the plain-
tiffs in interest, who begged him to undertake a new
vnyage in consideration of a certain number of rix-
irs, and proceed to Liebau. He arrived in Swin-
aemund roads on the 14th of November, and waited
till the 17th, for leave from his owners to undertake
this new adventure. Before their decision arrives, he
is captured by Prussian soldiers:
Lord Ettatmonotion asked whether Liebau was
not a port in the Baltic ? and upon being answered in
the affirmative, said, that the only excuse for the de,
Pendant was, that he had not read his own policy.
The plaintiff had a right to cbange his destination, to
wait for orders; and might have put out half his
goods at one port, and gone on to another with the
rest. From the 14th to the 17th of November could
never be called delay, and there was no colour tie the
plaintiff's not recovering. The policy was for RAM,
and the plaintiff took a verdict fur 5e2981. allowing a
return for short interest.
COURT COMMON PLEAS, NOVEMBER 6.
This being the first day of Term, the Court was
I occupied in justifying bAil, and hearing motion: of
course.
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Monday morninz the Deal coach was loaded with
a number of fine boys, dressed in true blue and col.
loured handkerchiefs, accompanied with three Gentle-
men in the direction of the Poor of St. James's Parish,
destined for one of his Majesty's ships lying at Deal,
where the Captain had agreed to receive them. It
is much to the credit of the Gentlemen having the
management of the poor in that very respectable and
populous parish, in bringing tip a number of children
by having them instructed in navigation, &c. and
thereby rendering them fit to serve their King and
Icotintry in a profession where they will have the best
wishes of the public. We were much gratified in
seeing the spirits evinced by the little fellows,and the
kind attention paid to them by the t• lef a Guardians.
We witnessed a similar pleasure ab 'tit two years since,
in seeing the Portsmouth coach engaged for the like
purpose by the same parish : indeed it is .much to be
wished that such conduct should become more general.
Five THnUSAND PoeNDS!!--The Ticket No. 3,30,
(Class C) a Prize of £5,0J0 in the Lottery just ended,
was sold in one Fburth, one Eighth, and ten Sixteenth
Shares, with several other Capitals, at CARTER'S, 8,
Charing-Cross, where the fortunate hclders may re-
ceive their Money on Demand.—Tickets and Shares
for the Little State Lottery, to. be drawn lath THIS
MoNTI4 are on Sale by CARTER.
A most alarming fire broke out at Andover, on
Tuesday evening, occasioned by the fall of a squib
or rocket on a barn. At ten o'clock several build-
ings were entirely burnt down, and the flames raging
with violence in eight or ten more. The extreme
exertions of the inhabitants seemed at that time to
produce but little effect towards its extinguishment,
and we fear its eztent will be found to be very great.
The election for Treasurer of the county of Surrey,
vacant by the resignation of Mr. ALCOCK, took place
on Monday, when Mr. SMALLPIECE, Solicitor, of
Guildford, was chosen, after a very sharp contest,.
The other candidates were Mr. PENFOLD and Mr.
WARE.

'At a general meeting of the county of Linlithgow,
held on the '2sth ult. for taking into considei ation the
report of a Committee of the Highland Society, of
Scotland, on the subject of weights and measures,
a resolution was come to, highly approving of taking
all necessary steps for obtaining a general uniformity
of weights and measures thro:ighout Scotland, and a
Committee was appointed to meet at Edinburgh, to
'co-operate with those of other counties.
- On Wednesday se'nn:ght, a large party of armed,
ruffians attacked the house of Mr. Purcell, a respect-
'able farmer, living near Early, in Ireland, which they
succeeded in breaking into, and, after beating all the
men that were in the house, forcibly carried off
Purcell's daughter. alarm being immediately
given, Godfrey Massey, Esq. of Ballwire, collected
' a number of his neighbours and tenantry, and crin•
tinned in pursuit of the villains, until a late hour on
Thursday, but without being able to come up with
them. •
O'Flynn, the Irish 'Officer, who fell in the enemy's
service in the action of the.:lsth of September, near
Fuente Guinaldo,is said to hive been one of ththea
transported from Ireland to Prussia in the year I 7gfi•
Twn seamen belnng;ng to the Svnti.t.a have been
flogged through the fleet for mutinous repressions,
pursuant to the sentence of a Court Mittial.

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