The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-31

Mr.. JoHN DELAFlELp, Of this city, who we I'M
deriand desotes his time the iettling and lictng
payment of iniurance LoGes, has favored with
London Paper of November Sth containing the fol-
lowing inere0ing deciGons in the Epglih courts of
law -
COURT OF KINGS BENCH, FRIDAY, Nov. 7.
EARLE ANp OTHERS .. RowcRoFr.
Mr.. Carrow moved for rule to thew caufe, why
the verdict obtained for the Plaintiff in this caufe,
fhoud not be fet afide and trial granted. The
caufe was tried at Guldha at the Stings after ait
term, and was an action upon Policy Of inurance on
the fhip Arabella, employed in the African trade.
The Captain failed with inltruciions almoh unlimit
ed except that in every part OF them he was deGred
to make the greateR dpatch in the Purehafe Of his
cargo at theIbe market. He failed rt for Cape COAT
but upon his arrival there, finding laves that were
difficult to be procured, and being informed that they
were to be obtained more eafly at Dalmena, fmsll
Dutch port, where there fubifteda mutual courtefy
between the traders Of each country, although Great
Britain was at that time with Holland, he went
there and traded without mobilization from the Dutch.
Whit he continued there, Engliih frigate hove in
light, by which his veel taken with fonle of the
Dutchmen, and was afterwards ultimately condemned.
In going to this port he aaing for the iuppofed
advantage OF his employers. The quelton was whe-
Their this amounted Barratry. For the Plaintiff it
was commended that was Barratry in the Captain
Y,
10; and in order to thew that it not, it was in
United that the defendant hould clearly prove by his
evidence, that the Plaintiffs had directed their Cap
tam to 60 there. Ii appeared that the matter or Cap
tain OF the vefel had particular advantage in view
for himfelf, by going Damena, which did not alto
turn to the advantage of his employers. The only
advantage he could have, would be by getting earlier
to r,arket by anticipating others, by arriving
early at his market, and thereby obtaining greater
price for his aves, and consequently greater fun by
way of per centage for hinief which it obvious
would alto increafe the profits of his employers. 1t
was proved that it ufual for the Engh and Dutch
Merchants, the Port OF Damena, &c cooperate We
ry cordially together in the Slave trade even during
times OF war between their REFLECTIVE nations
Lord Elenborough-The Captain entered into an
enemys port, and rendered himfelf fnbect to cap
ture, without any direa authority from his owners
but as he had advantage in view but that which he
had in common with his owners, doubted whether
It was Barratry; therefore, gave liberty, to move
his point, and it is fit the queion houd be condered.
AS to the agreement between the Dutch and Engliih
Merchants, that perhaps will help you, although
it be uiual for they acting in direct violation Of
the law.
COURT OF COMMON PLEAS, Friday, Nov. T.
CARRINoToN y. ROBERTS
This aston. had been tried before Lord Chief Ius-
tiee Mansfield at the fttiHgs after lat Guild
had been made at the time of the trial to MIR. Wad-
dmgton, one OF the Jury, to afcertan the of
average damages. Mr. Waddington, on full inveiti-
CATION OF the cafe, of opinion that general ave-
rage, as to fome articles and particular average a.
to others, ought to be made Sut he found hmelf
TRAINED from making iuch report in eonfequence of
certain obiervations which had fallen from the learn
ed Judge at the trial, fleming import that it was
referred to him to afcertaio only the particular
rage
MIR. SERGEANT Shepherd in this fituation moved for
rule TO thew caufe why the reference to MIR. Wad-
dington fhoud not be amended 70 for as enable him
10 make report as to general well particular
average The facts of the cafe were thefe; the fhip
was iniured,under policy, and the cargo under a
mother. Being purified by privateer under Dutch
colours and forced lie to, the fea however being 70
high that the privateer could come on board ano-
Their fail appeared in fight On this, the Captain held
confultation with his crew. whether they would not
make an effort for the saks fS,eerving TIE sbip and
cargo? They agreed; preis of fail was accordingly
made, and they were fortunate enough elcape, tho
by the extraordinary exertion the fhip greatly
TRAINED fome of her mats and rigging were broken
to pieces, and ke YEAS otherwife much damaged Mr..
Washington was Of opinion that this being benefit
conferred not the ihP only, but in far greater
degree the cargo, while the fame time the iip
alone was injured, the average hOnld be general and
ihould affect the infurers of the cargo well thole
OF the Ihp. The Learned Council could not conceive
that it would be maintained if it houd be agreed on
to fight the flip, rather than that e and the cargo
hould fall into the hands of the enemy that the whole
lois incurred in fueh fuccefsfui conte fould fall on
the fhP alone. fio, he could fee that contrary
doctrine was to be laid down in the preest nitaace.
Sir James Mansfield faid, if part of the cargo had
been thrown overheard, for the purpofe of making
the flip fit for action, there general average mutt
have taken place But the argument of general ave-
rage in the prefen cafe feemed go this that the
niurers of the flip were in worfe Gtuaton by the
iuceeiSful effort which had been made to fave her,
than if fhe had fallen into the hands of the enemy.
The learned SERGEANT might, however, take his rule.