The Statesman.
London, England, 1818-01-22 00:00:00

111111MEMNIII•Mm....• ,
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COURT OF intHirSISMICH; JAW. .
The Court was occupied daring woarty ttst.
Iday wish the sue of Beassont If. Field, from thaw.
York .Assises. The gestation related inerely to a
L Wee railed to the Defendant by tbe late Sir T.
.111uskett, and what interest it touteyed.
COVET OF COMMON PLEAS, JAa.ll.
I „L. - ANNEX V. scsnoms.
'tse was an action spools policy of losoroosu, ow
(ha *lp the General Boyd, from Serious to Lai.
don, In the year 1808. The ease was formerly
la 1814 and a verdict found for. she Plaintiff. A
.rein yea afterwards obtained for a new trial on deo
voted that the ship bad not bean eadieivotlymoouird..
Titian.. was, ootwitbsteodieg, sow tried Ably oo
the podotut sea-wortbineoh

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Sirjnnti BEST and VAUGHAN, on the part of the
the Plaintiff, brought forward went witnesses, who
gave the most decided evidence of the ship having
been sea-worthy. Among the witnesses was a Cap.
tells Andersen, who had offered to perchase.the
ship at Serineen, with the intention of repairing her.
and bringing her to England. The Captain of the.
Genera, 110 yd, Smith, refused, saying, that in that
case she **odd rise in judgment against him. The
injary .done to the ship was occasioned by the hook
of an anchor hawk% pierced her side is sailing down,
the river. The Counsel contended that this was a
manifest baratry.
Serjeants Inns sod Btossrr, for the Defended,
called several witnesses to prove that the ship-wes not
sea-worthy. Among them was Captain Richard Bur=
1 iowse wile, OD BIS tross.esamination, admitted that
cargoes were scarce then at Surinam, and that begot
the cargo which was unloaded from the General
Boyd for his ship. lie could not recollect whether,
be bad bought the cable, although it was worth 100
guineas. Some evidence seas given as to the ship hav-
ing no pilot on board at the time, but the Learned
Joke did net think this point sufficiently made out.
The Jury, after a little hesitation, found a verdict
for the Hainaut' the total loss.

ADMIRALTY INSTANCE COURT, JAI. •
7115 SIR WILLIAM CORORTVEI THOMAS corr., MASTER.
This vessel was arrested in a cause of subtraction
of wages, by William 'brow, the late Mate, who
stated in his summary Petition, that be was hired in
the month of August by the Master at Woolwich
(where the IfflSei was waiting for a freight), to serve
as Mate, at the wages of 41. 101. per month ; and in
the month of November following be sailed with a
.cargo for Amsterdam, and returned to the port of
London about the beginning of March, 1817; end
that he continued in the service of the ship until fhe
18th of April; that the whole wages amounted to
361. 181. of which he received 301.95.
Au affidavit was offered on behalf of the Muter,
stating that he was forced to sail three days after the
ship had been arrested, and had not time to communi-
cate with his Proctor, or give instructions for the de-
fence of the suit.
Dr. Donsox, on behalf of the Mate, sbbmitted
that the facts stated in the summary Petition were
sufficiently proved by the witnesses examined, who
were mariners, and were first on board the sessel4n
the month of November,- where they saw Tregear
acting as Mate, the whole of the cargo being then on
'beard ; therefore, although they cannot directly
prove the hiring in this month of August, yet
the presumption will be that he was on board
Wane time before, for the purpose of remits.
tending the lading, especially as nothing is offered
on the other side to rebut that presumption. If it
was not so, why were not the ship's articles pro.
duced, which geoid at once have shown the nature
of the contract ? Neither can the witnesses directly
prove the rate of hiring; bet they swear to what was
the usual rate of %ages given to Mates on such
voyages. The witnesses quitted the vessel on the
10th of Mareb, when they left the Mate on board,
engaged in enliveriag the cargo; therefore it is pro-
bable that be was engaged iu that part of his _duty up
to the time to which he claims to he rewarded Neils
services. With respect to the affidavit offeredy.ft is
made by a person who has given bail for the ship to
answer the action, therefore be most be considered
as an interested witness. Rat there are co sufficient
posed, stated to induce the Court to rescind the
'cwactssion of the cause for the purpose of per-
mitting the Master to plead. Ile bad sufficient time
to have given ell the requisite instructions, and be
neglected to make any communication to his Proctor
or Agent.
Dr. W. Ammo, oil behalf of the Master, stated,
that greater part of the demand had been paid, and
that the present suit was brought only for the sem of
61.85.6 d. The Mate claimed to be remunerated for
entice performed during eight months and siz days;
he bat aerially received the pay uneven months,
dpi
the rate of 41. 10s. per month, and does not now
prove a service of quite five months; end as the ves-
sel was tying fora considerable time in the River
waiting for freight, it is highly improbable that the
Mester would have been at the expellee of employing
a Mate. Neither is any proof offered to the Court
respecting the rate of wages which this man was to
receive. The witnesses differ much as to what was'
the anal rate of wages payable to Mates in that ser-
vice, bat hoe. nothing of any contract in the pre.
sant cam The ship was arrested Oa the 6th of May,
whilst lying at Woolwich, bat ready to sail •to
Gibraltar with ordnance storm Bail was given, and
she was released en the 9th, and sailed immediately;
so that the Master, hurried by his preparations r
his voyage, had net time to make the necessary or-1
responds for the deface of the action, bet in-
formed the preen who' makes an affidavit to that ef-
fect, thet-lwhad fully paid Tregear the wages dee to
him. My motion to the Court is, that it will please
to remind the toeclesiort of the cause for tho purpose
Isf permitting the Master to plead.
Sir WILLIAM Scorn.—This is an action bees ght
legalist this ship by the Mate for wages, illsobaleace
of which amounts to the sum of. 61..85. Ball was
Oren ew the 9th of May, and the Proctor for the
Master was assigned to ..bring is the suariner's coo-
tract. This assignation bas !aft bees complied
with. Masters Mow it to beiheir &trio bring in
tcminstriaments, es they are.-the most authentic
eats on which the Cook can groestlits deci-
lion; and when they neglect to do set the irate of

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