260 On the VoUuUily and Injlammahiliiy 



was by way of an experiment only, and had not been applied ge-- 

 nerrJly to the manufacture. There were various modes of car- 

 rying on this manufacture, and one or two patents had been ob- 

 tained for carrying it on through the means of steam. After the 

 retort had l)een repaired, tlie oil which had been already used 

 was put back into it, with the addition of some fresh. He saw 

 r.o vestige of the thermometer on his inspection of the apparatus 

 after the fire. 



Aaron Manby deposed that he was an iron manufacturer, and 

 had constructed the vessel in which the oil was boiled. He at- 

 tended the formation of the vessel, which was quite perfect. It 

 had no flaws or defects in it. The leakage which had been 

 spoken of occurred in consequence of the common effect of wear 

 and tear. All engines wore subject to the same deterioration. 

 Such wear and tear, ami their effects, could not be avoided. 



Mr. James Harris stated, that he was a sugar-refiner, at Li- 

 verpool, and had carried on the business for l-^ years. His pro- 

 cess was, at present, the common one. He formerly was in the 

 habit of refining sugar by means of oil and tallow : not in a close 

 vessel, like that described in the plan, but in an open one. He 

 found that that method could not succeed, on account of the of- 

 fensive smell of the oil and tallow. The process pursued by the 

 plaintiffs was greatly superior to the old-fashioned process. By 

 the former a sugar- refiner could heat the article without incur- 

 ring the danger of the sugar boiling over. Another danger was also 

 avoided, namely, tliat of heating the sugar to excess, and totally 

 spoiling it. Witness had seen the model now exhibited, and, 

 supposing it to be correct, he thought the hazard infinitely less 

 than that which was to be apprehended from the ordinary course. 

 The plan was less objectionable, and altogether less dangerous, 

 than that which was more generally adopted. Witness, when he 

 fornierly made use of oil and tallow, had caused an alteration 

 to be effected in his policy of insurance. He applied to the office 

 to allow him to boil sugar in that vvay, and it was admitted. It 

 was an existing policy, which, in the first instance, he applied to 

 have altered, and it was in consequence endorsed. By the en- 

 dorsement, the company allowed him to boil sugar in this way. 

 The date of the endorsed policy was the 31st of May 1814. An 

 alteration was made in the body of another policy, bearing date 

 the 22d of July last, by whicli the new process of boiling sugar 

 by means of heated oil was allowed. He paid no additional pre- 

 mium Vvhen he got the policy endorsed. 



Cross-examined. — Witness did not assure the company when 

 he applied for the alteration that the risk would be less under 

 the new system. His first policy was for tallow ; the second for 

 tallow and oil, which would be less offensive. The latter pro- 



