The Statesman.
London, England, 1809-12-21 00:00:00

LAW IhIrit4LIGSNUt.

Conlt.l3l! Cae*OERY. itxcoGrus t 4 lIALLO
; Wane:day, Dec. YO.
. .
An ittliiiieltion Was this day made to the Lotral
Chahcclior, •by Sir A. Plo•orr, nn belle( of
Fasters eiowden, K4dissolve, the injitrie.iou
this court in. the last Seal before
last. TiseetZru restrain sale of a wqrk,
?We Ilistety. A tritaail, published by
Ploviarn. . . . .
the former injunction was obtained noon the
affidavits Or Mr. Egerton, the
,booliselter, anti
others, that the work in question was an aiiritlao
meat of The Ilielericul' Review of lreiattd, of
which he, Mr: 14kertOri; had purchased the copy.
right from.thc author, Mr. Pion den. it was co,
tended this day in support of the toutinn to died
solve the injunction, that The Ilistory of Irelonsl
was entirely an original work, anti did not at all
touch upon the ialec or estimation of, the book -
published by Mr. Egerton. On the other hand,
it was addtieql, as evidence in support of the in.
junction, that several hundred paps or Mr• Plow.
dett's Illgtory of Ireland wets verbatim et life.
rglins similar to (he History published by Mr.
Egerton. • •
, The Loeb CtsasicaLt.ne deferred the further
hearing of the case until tu.morrow. . .
His Lordship rose about, two o'clock, to
_attend
the King's Levee and have place tor Jive allet
of the Rolls, who sat until three, heat lug 'notions
of course.

mil
• -- • -•10,140r •
COURT OF KING'S BENCH, vr -101CSDAT, Dec. SI:
t

tilling: before Lord EcurNanaoura! and Six.
civil Juries, in Guildhall, London.
LA nOCII V. Or
The ATTORNEY-CreNanAt.lllate4 this to be an
action upon a Policy of insurance ma the ship
Juno, on a voyage from Loudon to Gotteebitegh,
lust by capture. The vested sailed, with 76 others,
under cdnvuy of the Thunderer, Captain Caul-
field ; they proceeded to the harbour of Alaltnue,
where they were ordered to stay as tole, avid af-
terwards to sail as near to the share ass passible
to avoid thu Danish gun-boats, who ncrc in great
force in that neighbourhood, and in the course I I
their sailing the Juno hut the misfortune to go
aground, and could out get off, the rest of the fleet
were obliged to leave her to her fate, mid soon
after she was boarded by a great number from the
Danish gun-boats, consumed by fire, the Captains.
and the whole of his crew taken on shore, sad'
cast into prison. 'llse defence to this action was
in the nature of a deviation, and it turned upon
two points—a fact, and the law that arse oat of
that fact. The fact was, that while 116. fleet wslif
at anchor, this vessel took a small 'arital of iedifte
un board, and it was coutendest that that had toe
same effect as breaking balk would hive during a
voyage from one place to another; withaet leis°
' to nelotuldaritig !he voyage, which atioasi ttto
policy. As to the fact, she certainly did take
In this small quantity of indigo, but that hail
Ito effect whatever on the sailing; site watt
not thereby impeded far a 'hag,' nsooSent,
MUM it happetied when she was at aneti.ur,
and when the crew had nothing else to da. .1 ILA
when the Commodore gave signal to weigh anehoti
veasal, dot Jana, weighal as so.ott As it .
possible fur her to do so, she being its the centre
of the diet, and could not weigh Witte those who
were before her had done so, any mote than *ear.
riage can move in a crowd of coaches until shoal
that are before it more. That she was os4titst
weigh, however, before many, and tailed at the
signal given for that purpose, mitt sis fer was ithia
from being delayed by say thing, that she /td
actually to the tided of the Beet, and was obliged
to slacken sail to prevent her going Were the
boom of her convoy, a thing which it *ever lies.
mitted ; but having. got agraand she there stack,
when the fleet Intl been obliged to leave her Whitt
fate. These were the facts, add he should prove
them by 50 Captains of this fleet. Hut tag reas
son why the underwriters rettieted the papiiimit of
this loss was, that the Clotain of the Joni) iiad. its
his protest, stated, that this event of his having
got aground happened at four in the afteraoou of
the 3.1 of June, and Capt. C ullicl 1, the Cum.
mender of the convoy, said that the cunvoy .as
miles off that place, at that period, and, therefore,
the Jane could nut be under hit protective. This
was a mere mistake as to time, for the OM.
modem did not know th., Juno at all, and floe
Captain of the Jun, did not speak- with accuracy
as to the hoar ; he had made the mistake of out
hole hour, and teal.occounted fur the whole
, matter; nor was this surprissog, for the Judd
haring been burnt, the Captain had ',either Jog,
nut. a single strap of paper In assist his memory,
when he snide his protest..-Vhere was no doubt
whatefer boon the facia; the error arose entirely
from the Captain haviug made a mittake of tit
hear in point of tiine—but he certainly did Wki6k
according. to signals and sailed accuriltni
signal, and was so far from having loitered, and
thereby lust the protection of the convoy, that
the Juno ideally got at the head of the fleet,
anti was compelled lu slacken sail, to prevent her
passing the King's ship at the head of the coma
veyrd fleet. That stood the facts. As to taw
law arising out of the facts, there certainly *es a
case decided some time age, of Steil and Wardell;
in which it had balls held by my Lord Keay on,:thot
taking in any thing of cargo, between two Warr-
mediate points ut a voyage without leas, Was,
in Ise, equiaalont 441 breskin: bulk, which avoid-
ed the policy; but that ease had been atibeturnosi,
by the doctrine wilait had bees held in subst-
quent decisions, end partiaalarly ht, herd Sol.
kirk% ease, end, thercflits, he submitted that the
Plaintiff was autitleal eta rtzover iv this ease, be.
eanse the biking in.of ladigo wed ao impede.
latent whatever to the voyage.
It eptlearid in evidAter, after the examination
of the Captain of the Juned cod tete al other
Captains, that the Neel of this ease a ern precisely
as the A tturney.Gesieral had ape ord them.
Mr. ?Ann, for the Decondaiii, contended, that
the law was nut at the Attorney-Geer-rid - had
stated it as applicable to this cue; it -.Orae a
point whist's never yet had been *ended *My