The Statesman.
London, England, 1810-11-10 00:00:00

COURT OF COMMON PLEAS, Nov. 9.-

ADMIRAL 140NTAdUE V. CAPTAIN JANYERIN.
Mr. 'Serjeatit BesT moved for a Ittile to show
cause why the verdict iu this MC should not he set
aside, and a non-suit entered.
It may be in the recollection of ant readers that
this action. Was tried during the Sittings after last
Trinity Term before Lord Chief Justice Rlansfield,
at Guildhall, London. It was an action to recover
a proportion of a sum of money received by Cap-
tain Janverin, of the Pluto frigate, for the fruiglit
of a quantity of specie, which, by elle order of Go-
verninent lie.hed taken to Gijon, in Spain. This
demand rested on the universal and invariable eus-
tom of the Navy, and it was in that instance for the
first time opposed ; for though disputes bad arisen
at times relative to the different Admirals on the
same station, the general principle had always heen
admitted. It was alleged on the trial, that the Flag
Officer on a station was entitled to receive a certain
(pout of the freightage paid to Captains under his
command. The Plaisitiff commanded at Ports.
mouth, and the Defendant was a Captain within
his jurisdiction, and in consequence of Government
deeming it necessary to send a supply of specie to
Spain, the Louis of the Admiralty transmitted an
order to 4dmiral Montague directing him to dis-
patch either the Sok4ay or Pluto frigate on the
service. The Pluto, conoiluded by the Defendant,
was accordingly sent, and the money for the
freightage was paid. The Plaintiff demanded the
customary allowance, but the Dafentlant refused to
comply with the requisition, and therefore the
action was brought.
Sir Roger Curtis, Lord Hood, Sir- it. Strachan,
and Sir R. Bickerton, were examined as to• the ge.
neral usage in such .eases, and they all declared,'
that during their services, they had always received,
as a thing of Clierse, their third share of the frk
ago allowed to the Captains of veseels cotter their.
continent's. , •
A verdict was then given in favour of the Plain-
tiff, subject to a future. decision on the part -of the
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Mr. S;.rjeant Herr, in making his motion this day,
strongly cnntended against the et;missibility of the
evidence of usage, as in point of fact Ito ()dicer had.
. a right to demand:freightage ; it was merely a boon
granted by the Kidg, alid- this he declared himself

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able to prove from docurweits which were in his
possession. By them it appeared, that on the Bth of
Ihrcla, 111,07, the Lords of the Treasury, under
the direction of the Law-Officers of the Crown,
stateil, in a correspendent«, with the Lorde of the
Adtniralty, that " Naval Officers generally had sio
right toireiehtdge." Thiscorrespondence took place
in consequence of some of the King's money i;eing
stopped for the purpose of answering a demand
of freightage, to which the Officer coneeived he
was entitled. However, 46 in consideration of the
care and trouble which devolved on the Captains of
men of war, who took specie un hoard, the Lords of
the Treasury proposed to allow them 10s. percent."'
The answer of the Lords of the Admiralty to this
letter, stated " that their Lordships having taken
into consideration the allowance proposed to be,
given to Captains of men of war ; they agreed with
the Lords of the Treasury, that such Commanders
could not have any claim for freightage on specie,
or any other article shipped eu hoard their vessels
fur the public service. But if his Majesty should,
in consideration of the usage, allow one.half per
cent. to the Commanding Officers who should Ilikve
the care and custody of such property, tht, officers of
the navy would receive it with great respect lo.d.
gratitude." Ile particularly directed the attention t.t
his Lordship to the impressions in this letter, " The
Commanding- Officers who sh.ould have the care anal
custody of such property." It could not be con.
tended that Admiral Montague came under ,that
description; he was not on board, but remained
without the slightest risk on his station at Ports.
mouth. The Learned Seijcaet then read theorder for
payment of freightage, signed by the King, and
countersigned by the Lords of the trel.sury. It
stated that it should be paid without deduction or
accounting for the same. Under thethese rii.curn.
stances, he conceieed his client was entitled, to a
verdict, and in that feeiing felt it his duty to submit
his motion to the Court.—Rule granted.

SIVINNER7O/4 a.. THE MARQUIS OF STAYFORDA
4 motion was made to set aside (he judgment in
this case, and to giant a new trial.
The caie was tried at the last Stafford, Assizes,
and involved a consideration respecting the right of
common.
It appeared, however, that a second trial had al.
ready been granted ; under such 'a circuoitance,
therefore, the Court would not agree to the motion.

LORD 111.11'01C$

Yesterday the LORD Maron, Loan MAYOR
Eleet, Aldermen, 4e. proceeded in a private man.
ncr, in consequence of the domestic calamities of
the Royal Family, from Guildhall to the Court of
Exchequer, Westminster Hall, where the LORD
MAyOl4, Elect was sworn into office, and the late
LORD MAYQA rendered en account of his Adminia.:
tratioo during the year he hid been in office.
The RECORDER having introduced the Lone
MA yoo Elect to the Lone C!►IEP BARON as a per.
son on whom the nomination to the important office
of Chief' Magistrate of the City of London had
fallen, not only from a thorough con►ictiou of hie
privato worth ; but from an experioncu of his lute.
grity and firmness of mind, when entreated nitb the
disch►rge of high public duties.

The Loafs CHIEQ BARON expressed the high sa.
lisfaction he felt at the judicious choice of the City,
of London, at 30 important and momentous a pe.
riod. He begged to assure the Lotto Maxon, that,
at a moment when the Royal. FAMILY of these
kingdoms—a family so justly delr to every. loyal
subject, was.visited with calamity, the abstinence
from every species of parade was more honourable
to his Lordship than the most gorgeous and °stoat
Miens procession could possibly hive been,
Having complimented the late Loan MATOR eta
the 'highly meritorious manner in Which he Gad rel
deemed the pledge made by hint last year in that
place, the usual formalities were gone through, and
tIW LOUD Mayon, afterwards paid his respects 04
tlieJudges of the Courts of king's Bench and Coin.
mon Pleas, but the LORD Cliaiscsi.Lua had loft the
Court of Chancery some time mittens to the !AAR
MaTott's arrival.

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We Cannot permit this day to peas -over without
bearing our testimony to the truly honourable and
dignified manlier in which the late Lune Mayoti
has discharged the duties of his high ollice. Thp
Mansion.llouse has been rentlercil by the Right
Hon. TuomAs Ssirrit, during his Muyoralty, the
secne of unostentatious hospitality, K hero his fel.
low-citizens and friends found a constant and warm
welcome—and where the splendour of the City was
maintained by a most liberal attention to all the
great Officers and Persons who Jaime distinguished
themselves by service to the State. Tao grbatiity
Of his manners—his zealous support of the City
rights in a moment of imminent danger—his respect
for the privileges of the people—his upright admi-
nistration of justice, tempered with mercy—his li.-
berality to the
.poor—and his cooilesceosion to al
have endeared him, not only to the City Officers,
who had the best means of observing his conduct,
but to his fellow.citizetis at large. lle now returns
again to the bosom of his family, with the best
titles that an independent Magistrate can eaoy7
thutie of a plain, honest,

StitclDE.•:—A young man, habited ay an °facer,
in the navy, took a coach early yesterday morning
in Piccadidy, and desired the coachman to drive
hint with all speed to Upper Johu.street,
square. There st as a peculiarity in his manner
which struck the attention of the coachman, and
on the arrival of the coach in Oxford.street,• a pis.
tul was disco.' trged, and a ball passed through
one of the pantiels. On opening the door of the
coach the young man was found struggling wish
dead), he having blown away the left temple. lig
iirits out io be a Mr.. Pencey.
That the. present City Lottery, which will be
drawn in U iil.lhall, 4th of nest Month, is the last
private one tvhicli ever will lie sanctioned by our
Legislature, is a fact perfectly well knots!): Tnis
circumstance, tt hen are considered the miliatenesa
of the stake of adventure, and the immense value
resulting froM success, in either of the Twenty.
live noble Mansions, possesses an interest alone suf.
ticient to excite general attention.

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