Star.
London, England, 1821-11-05 00:00:00

the Muniment Chamber of the Noble Earl. At pre-1
sent, however, the case was not ripe for decision.
Mr. W. E. TAUNTON, for the defendant, said there
would be no difficulty in agreeing upon the proper
amendments.--The case, therefore, was ordered to
stand over until amended.

WALKER V. MAITLAND.
This case came before the Court upon a motion to
set aside an award, the question arising upon the has
bility of the defendant, as underwriter on a policy of
insurance, which was referred to the decision of two
arbitrators, who now found the special circumstances
which raised the questiOn for the opinion of the Court.
The polity was on goods on board the Britannia, on
a risk to St. Christopher's, and all the other West In-
dia Islands, except Jamaica and St. Domingo. By
the usage of the port, at St. Christopher's, to which
the vessel had gone to ship the cargo in question,
goods are put on board by means of small craft,
which bring the produce from the estates down to
the vessel. While the ship lay at St. Kitts, her mate,
several of the crew, and some negro labourers, were
sent in a small sloop to bring on board sugar, coffee,
and other produce, which was accordingly taken into
the sloop; but in her passage in the night time from
the prize of shipment to the vessel, the mate fell
asleep, leaving the seamen on watch to navigate the
sloop. The seamen, however, imitated the example
of the mate, they tell asleep also; the negroes fol.
lowed their example, and the vessel being left to the
mercy of the wind and waves, was dashed upon some
mocks, and her cargo was utterly destroyed. Another
craft of the like nature, with other goods on board,
had Leen entrusted to the care of another seaman,
but in consequence of his unskilfulness, she shared
the same tate, and was tofally lost. The question
for the opinion of the Court was, whether, under
these circumstances, the underwriters were liable,
the loss being occasioned immediately by the peril of
the seas, but superinduced by the gross negligence
and ignorance of the crew ?
Mr. CAMPBELL, for the plaintiff, contended that
'this was a loss within the policy.
Mr. F. POLLOCK insisted that it was not; but
The Comer were clearly of opinion, that the loss
having arisen immediately from a peril of the sea, it
fell within the terms of the policy, and therefore de-
' termiired that the rule for setting aside the award
must be discharged.
This was the last case in the Special Paper, which
a fortnight since contained upwards of seventy cases
for argument, •but which, by the unremitting and
most laborious exertions of the Learned Judges, have
been now disposed of.
The Collar gave notice, that during the next Term
one of the Judges would sit from two till four o'clock,
at Chambers, to transact the usual Chamber business,
instead of attending there in the evening as formerly.
COURT OF COMMON PLEAS, NOVEMBER 5.
SMITH V. HUNT.
11. This was an action brought by the plaintiff, a Cler-
gyman, who keeps a school in the vicinity of London,
to recovet tom the defendant, a Lady generally
residing in India, for the education and clothing of
her two sons, during the time which the plaintiff con-
tended, by the regulations of his school, he was enti-
tled to charge. The principal question at issue be-
tween the parties was, whether Mrs. Hunt had given
the quarter's notice of her intention to remove the chil-
dren. She bad, it seemed, given a notice to that effect
when the children returned after the holydays ; but
it being delivered within the current quarter, the
plaintiff insisted that it did not comprehend the clear
quarter's notice which he was entitled to receive.
After Mr. Serjeant LENS had opened the case for
the plaintiff, and Mr. Serjeant VAUGHAN was heard
for the defendant, Chief Justice DALLAS inquired
whether this cause could not be as well settled by a
reference to some Gentleman at the Bar ? The
Learned Serjcants at both sides expressed their readi-
ness to attend to his Lordship's suggestion : but Mr.
Serjeant Lees said, that as his client, the Rev. Mr.
Smith, was in Court, perhaps the Learned Judge
would repeat to him the same recommendation.
The CHIEF Armee acceded to the request, and
observed, that in a case of this kind it was always as
well to see whether complete justice could not he
done to the parties at issue by a reference of the mat-
ter in dispute to a respectable Gentleman, who would
decide as reason and justice required. In Courts of
Justice, properly and necessarily open to the Public:
matter often transpired, which, going before people
out et doors, might affect the feelings of private in-
dividuals in a manner that it would be as well, per-
lhaps, often to avoid, if the nature of the case admit.
ted. In the present case, the Learned Judge said he
was cf opinion that it might be as well for the par-
ties concerned to have the dispute between them set-
tled by arbitration, as to have their differences dis-
closed before the Public.
The Rev. Mr. Smith said, that though his case was
as clear as the sun at noon day, yet he had no objec-
tion to the reference. Still he must complain of the
latitude taken by Mr. Serjeant Vaughan, in. saying
that the children were kept ragged in his school. He
kneW that Counsel were in the habit of indulging in
this sort of language, and he thought it was highly
reprehensible.
Chief Justice DALLAS said, that the language of
Counsel ought not to be too minutely criticised. He
had said at the time the allusion was made to the'
clothing of the children, that the Jury ought not to
notice it, as no complaint upon that subject hzd been
transmitted to the salmi when the children returned.
Mr. Serjeant VAUGHAN said, that he only spoke'
from his instructions, and that they justified any ex-
pression he had made use of.
The Rev. Mr. Smith replied, that then his instruc-
tions conveyed a gross falsehood ; and that when
again he indulged in such abuse, it would be well if
he acquired the habit of doing so in the English
language.
Chief Justice DALLAS here interposed, and said'
that the conduct of the plaintiff was as irregular as it
was improper. "I do not," continued the Chief Jus-
tice, " Mean to say what I should have said of parts
of this case, had it gone to the Jury: I should then
have been bound to speak my opinion as I felt upon
parts of that case. I must, however, express a hope
that your conduct, Sir, in your school, in the pre-
sence of your pupils, is very different from that which
you have personally exhibited in this Court. Here it
has been most improper; -and it is due to Mr. Ser-
jeant Vaughan to state, that his conduct has been,

what it ought to be, proper, and conformable to hi;
duty, acting upon his instructions."
The Rev. Mr. Smith was again about to address
the Court, but he was compelled to desist.
The Jury then found a verdict for the plaintiff,
subject to a reference.
ARCHES COURT, NOVEMBER 3.
This being the first day of the Term, no camel
were gone into, and only a few assignations were.
tled.—Jonst HENRY PITEIIER, Esq was admitted
into the number of Procurators General exeicent is
this Court.

At the beginning of the last century, Mr. Hop
RISCO, an eminent weaver, had a bill drawn on him.
for 1:80,000, which was held by a Foreign masa,.
sador. On his sending it to the old Gentleman fn.acceptance, the messenger was struck with the er,
creme shabbiness of the dress of Mr. Moaatsco. T"
Ambassador, on this, went to have a peep at himorheo
•
he was so terrified at the penury of his appearance, the
be betrayed some doubts as to the paymett of the la
when due. The man of business immediately offered
to discount for a 4, valuable consideration." Me Am•
bassador consented, and the worthy weaver pocketed
1:4000, the produce, in fact, of his :4144 coat.
THE DUCHESS OF DEVON SH I RE. —. AS the late
beautiful Duchess of DEVONSII I rcE was one day step.
ping out of her can iage, a dustman, who was acci.
dentally standing by, and was about to regale him.
self with the accustomed whiff tf tobacco, caught a
glance of her countenance, and instantly exclaimed,
~ Lord love you, my Lady, let me light my pipe in
your eyes !" The Duclic4s was so much delighted
with the compliment, that she frequently afterwar4
checked the strain of adulation which was .o col,
scantly offered to her charms, by saying, " Oh! after
the dustman's compliment, all others are insipid!"
UNIVERSITY INTELLIGENCE.