The Statesman.
London, England, 1810-11-12 00:00:00

LAW 11#77LL1G►ENCE.

COURT O) KING'S WENCH. NO%. 10.
Neu. V. lat.u.
Mr. Palm moved for a Rule to SkPIP caw why
a net' trial should not be had in, this cause.,
This was an action to. recover the amount or po-
licies of insurance on the ship Risiosi Saa. It Was
tried at Guildhall, and a verdict fuubd against the
Uuderwriters. The- first policy of insurance was
on the contingency of the ship's being allovied to
fowl at Riga. The second policy was, on the, ship
and cargo, at and from-Riga. The first objection
which arose on the tile! was, that a letter receiveii
by the broker was. not folly coMmunicated to the
underwriters. The letter mentioned. that• a decree
had been published, ordering the pipers of,*
ship to be sent up to St. Petersberelt, to be en.
mined. The broker had communicated 'thus fae,
but had omitted a further paragraph of the lettpry
which said, that the decree had octesitined, give/
alarm at Riga, and that ship& were fist to,mui
unload till their papers were Maned (rein St. Pc.
tersburgh. The nett objection was, thnt hi.**
ship had not been permitted to unload, •thelpilipi
on the ship and cargo at and froth Rita etfaftf not
take effect.
Lord ELLENBOROUGH--•" Might not the pialiplc*.
be matte to overlap ?"
Mr- Justice BAILEY-'s The policy out ceittentli
twcnty.four hours after the safe arrival of the Ali)
in the port."
. .
Lord ELLIN1101tOUG11.•••••" The ship arrived the
9th of June, and she. wavoot sequestered until site
24th of December. There were a great many good
twenty-four hours betiseen those days. With
apect to the letter, there appears little dßierenen
between its statement and that which ,the broke
made. He was only bound to state facts. The
nervous tremors of his correspondents at Riga were
nothing to him or to the underwriters. In.his corn.
munication with the underwriters, it appeared ha
only mentioned, that the ship Rivitvi Sun had been
stopped till her papers.were sent to St. Petersburgb.
The letter mentioned that all the ships at Riga hat)
been treated in the same way, and this might have
looked more like an order for an embargo than the
niere.result.of curiosity with respect to a particular
ship. On this point there might be some doubt.
But the case was left fully to the Jury, and it did
net appear necessary now to disturb the verdict."'
SIMPSON V. CAPEL.
The A TTOIINEY.GENESAL moved for a new trial
on the affidavits of two witnesses, whose evidence
substantially contradicted that of a Mr. Hunt, a
witness for the Defendant.
The action was brought to recover the price of
furniture sold by the Plaintiff to the Defendant, the
price of which had been settled by Mr. Hunt and
the agent of the Plaintiff.
The ATIPORNEY.GENERAf, stated, that upon the
trial Mr.. Hunt had denied that the agreement bad
ever been made. By the unavoidable absence of a
witness for the Plaintiff, who would have contra-
dieted the entire evideuec of Mr. Bunt, a verdict.
was given for the Defendant. The witness was now
Tidy.--The Rule granted.
PAROLE NOTICE TO QUIT.
The ATTORNai-GENEIAS. lamed for a to
sheet cause.why a new trial shook not be granted in
an ejecttnent cause, wherartilatits had boa. l
stilted, in consequence of the notice to quit hsYtgg
been given by a person who described himself as &goat
for the executors of the former landlord, such agent
having no written authority to that effect from the
parties fur whom he had described himself as acting,
nor any power of attorney from them.
.The At,
torney..General submitted, to a person who was
tent for the landloitt, such authority might he
conveyed by parole, and' that a written order. to
this effect was not necessary. A notice to quit
fni ht even.be given by parole. ,
Lord ELLENaoioUGH said, notice to eta might
surely be given by parole, if given by the landlord
himself. It would be giving too great a laxity to
the rule, however, to hold, that a notice given by
a person who described himself as agent fur an.
Other, but who had no written order to that'effect
to exhibit to the tenant on whom he served the no.
tier, and who could no otherwise convince him that
he was actually vested with that character, than.that
he held it by parole, was a sufficient notice, which
the tenant was bound to obey. What security
could a tenant who obeyed such a notice, from a
person who might really have no authority to serve
him with it, have, that he might not, after he had
quittetl the premises, be still sued fur the rent, and
subjected to the filly mcnt of it To give drat to
a notice to quit, given by a person actingin the ca.
parity of agent, it wan necessary that there should
be a power of attorney, or some other authority in
writing.—Rule reftisetl. . ...„.

• A Getman Piper (7'ite Nene tun:), received
on Thursday, 'tangibility; -Wattethe hes*,of Dresden,
as article, the object of which'is'evitiently to pre.
pare the people of Saxony fur some Chloe, is the
auccenion tollte throne of that
tons kiagneve.
" Daztv, OCT. 24.--Grielt prePtiiiillisna are
• making in this itit'y for the taint' ng Of the A'SsihnSty
of the Statist, which is kiedfor the leek Of ie.
neary, 1811. Sonsts important tinisiderittions will,
it is said, be submitted to lib diitingutilied and
luatrioat Body, materialty'inianidag its Advance
'he glory And prosperity of •Saxeay.. trip
who has so long and so- centrally iatiosifeaffee the
welfare of his people, will propose these resolutions
through the niediunt,;( the Chancellor ; and the eie,:
increasing isbrmities, with Ilk earnest Wishes•Of
Monarch, will doubtless cause them to be adopted:,
by the Assembly .of.the Slates.!'
A prisoner on board the French frigate Nereids,'
dosing her action with the Rainbow and Avon, re.
ports, that she had 37 men killed and 57 wounded;
She mounted 44 guns, with a complement of 517
men.
The epistolary communication Ishii Ititssin Still
continued impeded by a variety of vexatious restrict.;
lions, and the merchants awaited in anxiety and
suspence the result of the extraordinary measures
Which had lately been adopted.
. 'file carriage of Prince PONIATOWSKI,•OII the
journey from'Lublin to Warsaw, was 4m:flurried,
-by which accident he received several Streit! cuntu.
• o.loolrdi 'lib boa.