APPENDIX to CHRONICLE. 



301 



upon the policy. Upon the letter 

 of the 19ih of" June, it appeared 

 that the assured had abandoned 

 the idt-a oF a cargo lor Sfjain, but 

 if one had turned up, he would still 

 have taken it in ; and the deft-nd- 

 ant's agreement was procured to 

 permit one for England, as late as 

 the '27th of July, " if it should be 

 fi)und expedient :" this was bear- 

 ing upon a winter risk, wliich it 

 had been proved commenced on 

 the 31st of August. It now ap- 

 peared by the evidence, that the 

 convoy lor which the ship wailed 

 was formed by a mass of merchant- 

 ships themselves, and did not con- 

 sist of asliip or ships of war; and 

 for the collection of such a convoy 

 it was necessary to wait : had it 

 been the case of armed ships, it 

 niiu-ht have been said that waitin"- 

 for was different from joining ; 

 but there must necessarily be some 

 time sjient in collecting such a 

 convoy as this ship waited three 

 days for. The question was, whe- 

 ther the assured had abused this 

 liberty, and made it the colour for 

 delay. The Jury found for the 

 plaintiff. 



Court ofKing^s-bench. — ■ Thurs- 

 dai/, i\ov. 8. — Speciul Juries. — 

 Warwick and another v. Scott. — 

 This was an action upon a policy 

 of insurance, brought by the exe- 

 cutors of the owner of the ship 

 I'omor.a, which was ca[)tured on 

 the 1st of April, 1813, whilst pro- 

 ceeding to Portsmouth to join the 

 Mrditernuiean or Malta convov, 

 with which she was about to sail, 

 in compliance with the condi- 

 tions of the policy which was 

 effected in the club called the 

 Uritish Association, whone rule 

 respectiog couvoy was, that shipa 



should be allowed to sail from 

 their loading port direct to a place 

 of rendezvous to join convoy, on 

 condition, that in case of capture, 

 so sailing, a deduction of 15/. per 

 cent, should be made from the 

 sum insureil on the loss sustained. 

 It appeared, that the ship was 

 charteied to ftlalta, left the London 

 Dock on the 2Gtij of March, and 

 went down the river on the 27th 

 and 28ih. On the morning of 

 the 28th three of the crew were 

 pressed, and the Captain (Tucker) 

 went on shore to try to gel them 

 off". While he was petitioning 

 Admiral Foley, at Deal, to that 

 effect, a signal was fired from the 

 lugger Speculator, which was the 

 convoy, and the Captain went on 

 board immediately, but not before 

 the Speculator had got under 

 weigh. He made all dispatch, 

 but had not time to get sailing in- 

 structions ; and soon lost sight of 

 the Speculator, from her being a 

 mile a-head, and the weather 

 being hazy. The crew consisted 

 of 20 men and boys; and nine 

 would have been a full com[)le- 

 ment. The Captain deposed, that 

 it would not ha\e been prudent to 

 have worked down before: the 

 wind had changed half an hour 

 before he got under weigh ; he 

 should have been under weigh 

 sooner, if his men had not been 

 pressed. 



Lord Ellenborough said, the 

 question for the Jury was, whe- 

 ther this was a sailing direct from 

 London to Portsmouth. As only 

 three of the 20 men had been ab- 

 stracted, and nine or ten would 

 have been sufficient to man the 

 vessel, the jiressing of the three 

 was not a justiHable cause of 

 stopping. If the ship could have 



