Star.
London, England, 1803-01-25 00:00:00

LAW IKTELLICENCE.

Yefierday evening the Judges again allembled
at Serjeant's Inn, and heard the remainder of the
arguments in the cafe of EaJcr6, and M'Farktiet.
Nothing new occurred. The decilion of their Lord-
!hips will be declared at the next Admiralty Seffions.

COURT OF ICING'. BENCH, JAN. 24.
FIRST DAY OF HILARY TERM.

The Court fat about oneo'clock.—Thefirll thing
that took place was the juaification of bail ; two
Gentlemen jullified, in the film of 30,14.01. each,
after the payment of all their juli debts.

THELLUSSON V. BELL.

Mr. ERSKINE, on the part of the Defendant,
moved for a rule to thew caufe why there lhould
not be a new trial in this cafe. This caufe was
tried at Guildhall, on the 2IR of December lati,
before Lord Ellenborough arid a Special Jury of
Merchants, when they found a verdict for the
Plaintiff. It was an anion brought on a policy of
infurance, dated February 2, 1792, on account of
the (hip Malabar, at and from the Ifle of France
and Bourbon, in the Eall Indies, to Toulon. Be-
fore this (hip let out on her voyage, (he had been
informed by a veffel, that had jut( arrived, that
the King of Priam, the Emperor of Germany,
and the King of Sardinia, had gone to war with
France, and that Great Britain was arming.—
When, in the courfe of her voyage, fhe had got
between the Azores and Madeira, this information
was confirmed by an American (hip, which they
met, and which had come out from Li(bon a few J
days before. This (hip alfo informed them, that
France and Spain were at peace, which was ;,111)
confirmed by their having met two Span& fri
gates, who did not molell them. In order, as was
alledged, to avoid cruizers, they put int
Cadiz, and Spain and France being at war, they were
immediately captured ? The queßion was—Whe-
ther this was not a deviation ? The Underwriters
infifted that it was. His Lordfhip Rated, that, in
order to jußify a deviation from the ordinary track
of the voyage, there mull be Tome immediate,
urgent, and impending neceffity, fufficient to ope-
rate on the mind of a reafonable man, that it would
be for the good of all concerned.—The Jury found
a verdia for the Plaintiff. Mr. Erfkine, in apply
ing for a new trial, contended, that this fhip had
received no information to jullify her in deviating
from the track of her voyage. In order to jußify
a deviation, there muff be force immediate, urgent,
and impending neceffity ; as for inliznce, if the
Captain of a veffel receives information, that the
(hips of the enemy are on the track of his voyage,
that is a good reafon for deviating from it, in or-
der to avoid them ; but a man could never be juf-
tified for going out of his way, when he did :at t
know there were any enemies in his way.
Lord Eta.ersoitouon.—" Yon do not throw an
imputation on them, that they went in there frau-
dulently, but only hat they did not make out a
cafe, that jullified them for fo a@ing 1"
Mr. ERSKINI raid it was exataly fo. Suppofe
France and Spain had then been aaually at peace,
what right bad they to go into Cadiz, unlefs they
were dnven there by imminent danger? The
Learned Connie' laid, be moved to let afide this
verdict, as contrary to evidence. He willied to
have the judgment of the Court, upon the fags
given in evidence, whether this did not amount to
a deviation ?

Lord ELL an almond ii...‘ The danger war not
fulficiently imminent to jußify the deviation. Take
a rule to thew caufe."—Rule granted.