The Statesman.
London, England, 1819-01-21 00:00:00

THE STATESMAN

LAW INTP: 1.1.1 i; I.:NCR.

CniWlt7 OF ClIANit VAY. JA,.

Th. Loco CIIANCILLOit .at et elm's o'clock. In
Ili room. •nd was occupied till two o'clock its bear-
i• g mallows of no inform !seep. to the parties con-
r..torol the rising of thy Court at that boor. his
iota/hip intimated that he areald itat sit to•morrew.
a. h. *fluid be engaged elsewhere (in the Homo of

LOURT OP KIN(:! JAI. M.
DR V V AAA V. IMICLA Y.

This was so action of trotter, to Miner the Woo
of sosoo casks of oil, the Plaintiff's wordy, which
Or Wench's,' had enntertrd to his own est. _ .

could be voted that no communication bad taken
place In the interval between Pernambuco and
St. Michael.--•• Allowing that to he true,"
continue the underwriters, " still Mr. Vasco,,
cellos melt kayo known that his semi wr
oat of thee, and therefore oeght to have comma t•
entail that circumstance to us." !tit 'hat objectiou ma•
eynailr untenable with the former, because he "mold
show, from deposi.iona taken on the spot, that the
►oyage from St. Michael to Prreetrabien 19 sot, open
so average. pefn►med is. lees than 70 of so 111)1;
that it Is usual for vessels to wait at the latter visa.
from two to fire months to obtain a cargo ; sod that

it is not test Miry at the fernier to look •pen a oos
up is mis►ing, bs res's. she dots not finish her Moto
voyage before the eapiration or right months. The

Mr.t;u
irewstrae dealersted,th in
that both
m,. BarclaythePlaii void ltiff
soand es", preuented tie,. questions for thew consideration.
the Defendant
l IJitl Vaunt's...ilea sapper, the Madre de Dina to
four tuns of OrffOl oil, contained in wren corks, on bea in sing ship et the lime he wrote to kle,srl.
IGlh January. 1818, to Mr. CoMount, who after. Be ram, and Costar, desiring them to ant the as-
swards Hoist thorn, by the mesh* of Mr. Kiernan, • +erotic. ? sud 2 If he did, did he make • proper
Linker. to Messrs. Devereaux, on 13th F•hr"i3's caohenom
sandnecsrlion of that cirevensenco to the prisons
for 4171 9s. Id. Mr. Collinson, on r join( the :dote the vessel
.? Ile was confident that
Plaintileff'tishanceeenTete.ce.sent
enjoining Messrs.
for
Barclay
tiosystaltos he :veld a ace such testimony as world lead them
VVO to elide both questions in his fairest. On the fire
deliver tip in him the oil. 0.1 the 12th of March taint he bad thready I.l.t.kvii ; and ss to the second,
following the Plaistiff showed this order to I:.e De.
bedw Livid obsers,, ths. Messrs. [Wilton yid Caesar
aufewililys:te.gt withoinsainidietthiltobeinh.:l no such
ertril: as be he
whomhsd
,va
ariosnmeekated all the intelligence which they had
et. toting the ship to the underwriters, by onsmeni•
Mr. Collisson bad sold 'nether portion of oil. This
llem as s•kward mistake, as the nil !mended for' !tootelag %1.6 thew she 1911"
whichwinah
simplythey had
stated,lteee"d
that
Store was Internet, both in quantity and quality, to as he boas just sud
i en
mei
addre Niixestawyong,
that Wesel; for the rislethil : being nutty three tens thatridishOlicistitayleltel:;:hdarfernisn thheis
worth 801. per too ; o here's the Plaintiff bad borsht i
four ta„a, ~lt 1061. per ilea. This miosk• h• •Issis 'be
requested tile."
iss'ere
Isis 945"
in
• ar et aloe. The sessel was then at Pernambsce ou her
Mrderstond to be the emend on which the Defendant return to the island of St. Michael.
rested his calm.: bet such a defeuce was, in poiat Mr irarleit then pet in several depositions taken
of law, so defence.
Mr. Collins... was called as a witness on the part 91F11. N1.411991' "nib" to prose ilise the 1." of the
Modred. Dios was not known thereat thetime when
of the Plaintiff; but his evidence was objected to by
VBSVOtifOIIOO wrote the lesser of 12th December;
Mr. Scent.rrt, on the ground of his b.ing an into- that the Captain of the vessel heel never written more
rested shoe's; the Plaintiff having become bankrupt
sumo
the
comma cement
of
the
ammo,
and
mt.,
.. soon one letter to his owners fPflOrdialf the time of his
"' mein, whilst at Pernambuco ; and that eight warn Is
Bosom being a claimant on his estate. was not were than the omit period for completing
Mr. GORNIT said, that he would not dispute the the sot age out end heck spin. It was also proved.
pais, at that time, as be illeeght that he could prose that Nieolaye de Marcio had effected his insurance
Ms case without his testimony ; if he could not, be ie August, 1811.
wiseW thew discuss it with Mr. Sesrlett.
Mr. MAKOTAT, for Defendant, submitted, that
l''' • various isles of oil of M.. Barclay to Mr.
the question which the Jury bad to decide was, whe.
Colls**, and of Mr. Collinstm to Deveieses
tier • proper coonneninlinn regarding the fate of
and so Mr. Steve; the tender of ell reasons! Iv
abarea. la Mr. Barclay, for
araroboaao.roam
of the ho vessel had been made to the underwriters. He
remained in his I maintained that there had not been any such cos.
snort cask., during the period they
nionication. First of all, the vessel was not at Per.
cells,. after they became the Plaintig's property ;
and she dismal
omen for deii,niiiii them
up to outshoot) at the Ilse time of effecting the insersece,
him, Isere then proved by the different proofs. ere- I as slated in the Plaintiff', letter; lin9nt the" out no
statement whets she had arrived there, how long she
ployml its making them. After this had beta dose,
bow ha ' had been there, or it what time she intended to set
the Leid Chief Justice asked Mr. Gurney
sail from thence on her return. Sig months, be hall
mark out the monis., which formed the object of
been given to sodersteed, was mere than the average
Ms actin.. Mr. Gurney was proreeding to explain
time of making the voyage between St. Michael sad
this mere fully, when the Irard Chief Justice inform- I
Pefulathaaall ; indeed, that period was sufficient to
eel hint, that units. he could make a mach assuager
make the same voyage from the Thames to Perms.
nee th n what he !Jed 'heady done.it was absolutely
seen and back again, which was a much greeter'
Imp, rib!' for hire to sustain an sc..on of 'fryer. A
action
of
negligence homiest, 6(6..4,
sustain.
as it din tore. A headred and ninoty.five days had
Mr. Vasconcelloa theoght of
did appear that some mistake had mewed from one i elapsed before
cirremstairce or another. Ile lookers eves the pre- i mall" this aull'atl". and then, f°""tht it was
sent case to be pretty nearly similLstet of • ware- . not hecenae he thnng'ilt the "41'4 .11/41 bat
Wiseman, or • artier, wise m' the
uooda I because he bad just 1044 that . 114
IhtfelrOf to Ms charge: tor "he litijeliorry ass OC. 1e1" " hell "'wed his share' What "'ad fish
rP e could her sups "red 'teaks, the ; ucuoltin ,nee into sespirioes.was, that he was in the
lion of ntglige
carrier, but is. .t of toter ; a clear lbw'', 1. 1 Of 4'‘il a' ....i"lt Nicalern 4114 ; a°ll that ll° knew
the • ship,.ant was ready for him et Pernembite ;
c oleo of *beneath' was requisiir la. ;.....ied,
an oat he mast Lave expected the vessel to have re.
before the action of 'rover could be established. Ile tarn-d• If all ha ti been safe, before the lime e. which
lele“old, therefore. advise Mr. gurney fn 14 • f for a w
h-
oe to have the policy efecsed. Oa these
floOSOlt.--Plaitilifr WWI O rfOrdhooly 0n055i,...1
, orooohlho he maintaisted that the Defendant was OS-
-11111111011 AND COSTAR V. LOUGH:IAN AID ANOTIOR •
(MP. to a verdict.
This sat action on • policy of inser., re .If •••41
The Loan Cutter Jpsvica then summed up the
by Messrs. Berthon and Coster, on the ship Mader.:
and observed to the Jury, that the chief point
de Doss On she 31st of J•noary. 1812. .t and from I rate.
Perweeshocri to st. Michael. in eunseqeence of • I whir!, they had to try was, whether the operant.-
letter from Senor Antonio the Visconceiloi, dated Ilion in the letter mss woolly tree, or such as the
Dee 12, 18.11. The Wert's( was steered to be in . writer might suppose to be tree, or whether it dif.
ifered materially from the represernatioe which ought
Tiiscniteellos. The vessel us, lost DO a shoal not far
from Pernambuco, en Sept. S. 1811. The Defend. ;to have been made to the underwriters. The vessel,
ent pleaded that be was not liable, on which point:at the limbo of electing the insurance, was Meted to
base was joined. ;be at Pernseibece: it was not necessary that this
Mr. Sesnxstr, for the Pisiohiffs, stated, that In I should be literally tree; it would be sufficient if she
order to the proper eederstindine of this case, it 1 were there at the time when the owners received
iro•lil be recrisite that he should mike a fee p„ii. their last advises from her Captain. Now
Weary obostraliens on the interment. which passed .is appeared has the (midges-es that she vessel finished
; her oat ward roysp at the end et July, or in the be-
between Pernambuco and St. Michael. The latter
ginning of August, 1811 ;and that the Captain coos-
Wand was celebrated for its fruit, and vessels from :
mu nati„n frequented it from rho month of Oc- ; municated the fact of his arrival to his employees at
tuber to tie end of January, so that communi-
i St. Michael. I. all probability his letter would at.
cation with it was nut dillicelt during that time ; h ford intelligewo whether he should sail immediately,
bet if yea had any e c rodent there it was lor wait some time for a fresh cargo. If it did afford
almost impossible to hear hum him during the ; such intelligence, It ought In have been cornmeal.
remaining period of the year. If the difficulty' celled to the uoderwriters. It eppesred Is reality,
that site was lade. In Aagest, end sailed in the he.
of commeisicetiou was BO guess between Great Bd.
tsin end St. Michael, it was clear that it would be ginning of September. It was therefore their hesi-
tant greeter Weevil Pernambuco end the same place, nen to c0011;der whether Vesconcellos keit, of that
I
Ithatineoch as the trede between them would he much feet or net; sod if they thank' be was sigesinted
losseoweiderable than that carried on between Great with it, to consider whether he bad sat been in-
Britain end St. Michael. Besides, if else i •.mmoni. 'domed, bye eet of lasing the vessel, to effect s. policy
cation Vag not made direct between remember° and luredit : i they were of oploion that he hid been
in by fear to losers the vessel, then be oeght
St. Michael, it nos mach retarded by having to make
to have commusicated the ass* of his alarm to the
a cloak by way of Lisbon, from whence to Si, &h-
-ello., no regular pest or packet has over bees ma. underwater, ; and, therefore, they mast tied a ver-
mmted. This information might „min 0,. firs, of 1 diet f.r the Defendant : if they were of • emblem
the care which I e hall to open to them more clear and ! ^Pinion. them they mast ban is a verdict for the
Intelligible. 'lb., were simply these : Senor An.. Plaintiff.
lento de VseeespAns sad Seer N.rolaye de Mar. The Jury returned a verdict for the Defendant.l
eio, shoring the year 1811, sent a I laden with
fruit from St. Michael to POlOatrtbotO, tints which
place she was to morn es soon as possible. Senor
Nieelayo de A' .rcin -.peed en essotsneo no hi,
share of the tassel anti cargo in Aug. 1811, nut and
home from S. Michael to Per. ambers,. Its Decem-
ber of the same year Vaseentellos diterevovil t . rho
the same OD the l't leeward voyage from PerissOlbefo
oh his sheet,
_and in cossequeoce wrote the Plsiotiti•
on the lgt.is of that month, to ensure Iwo'. on ,he
bull, sod HAM!. on theory+, on his +resent. Tles
letter arrived i:e !modem in January, 1812 ; an.l the
policy was effected at the chose of that month, it, a
Gentleman at present in the Brazils, en hi. own ini-
tiate nosiness. In April, 18IY, i,•telligence was re-
ceived in London that th., Madri. 110 Dos hail sailed
from Pernambuco on the 3d of September, nod lild
hven host II few days afterwards. The underwriters
immediately exclaimed, .• Mr.Vascrincellus niestbire
known that his vessel was n reeked at the time who,
Le quitted it ; therefore, we ,sill resist the payment
4 f the issurance." But this was not the case, as It

Yesterday afternoes, as J. flope, • broker, re-
siding in Ware's passage., Sowirire.town, was sitting
at cf. it in the ;wittier, Inside the shop, four boys,
port of • delta of young thieves that I•fest that gear.
ter, rei.lied into the shop, and .I'hn•gh the family
wee• In . k ins et them, each took up soon ankle
ant fan of indifferent diremions ; °sabring fellow.
ed, threw • pair of new boots over a uoll, sad all
escaped.

John Girton, a laSnerer in the Fast indis Docks,
'La.- inrnta.aUnn "L.. 1 Ito anti a woman wale riditt* in
cat! linstig ihrough OlJ•street, •boat wee o'clock
on T 114.4414% ..iaht, when nn less thsa 10 wen /Or.
tolliadtti SLR n, aid tiiitiatrnetl to *order the in.
mainly if they smaJa the least resistance; they them
proceed‘d In search the cart, and found some arii-
cies of wearing apparel, bat fortunately these isms
no other property ; they also smirched their persons
' het Natal within ; they then decamped with the ap•
peril thank it. courts leading to lieldta-NN.