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![handle is hein.slavery/ssactsengr1030 and id is 1 raw text is: spinster, then a maid, and unmarried, and under sixteen years of age, an illegitimate
daughter of T. Boone, with intent to marry her.
London. Another information against the same Cornforth for procuring a licence
to marry by a false oath.
Easter, 4 Jac. 2, Rex v. Atkyns and Others. Information against the defendants
for forcing a man non compos mentis out of the custody of his guardian, and to marry
one of the defendants.
Hilary, 7 Geo. 3, 1767. Middlesex. Rex v. Charles [38] Sweet. Information granted
for seducing and taking away Mary Sampey, only child and heir-apparent of John
Sampey, of the age of fourteen years, and marrying her in Guernsey.
Hilary, 12 Geo. 2. Sussex. Be v. Lord Ossulston and Others(c). Information
granted for running away with Mary Eades, a virgin, under sixteen years of age,
ward to her uncle, T. W. Brereton, Esq., and entitled to a fortune of 98000, and
marrying her, 10th December, 11 Geo. 2, to Charles Pearson, one of the conspirators.
1st count on the statute, the rest at common law.
Michaelmas, 24 Car. 2, Rex v. Storey and Others (d). Information by the coroner
and attorney for a riot with intent to take away a virgin without the consent of her
mother, Mary Gilborne. Trial at Bar, M. 24 Car. 2. Storey fined £100, and to
find security for his good behaviour for five years. The rest convicted and punished.
Michaelmas, 20 Car. 2, Bex v. Twisleton and Others (e).
Trinity, 14 & 15 Geo. 2, Bex v. Heary and Others. The defendants were convicted
on an indictment for a conspiracy in carrying away one Henrietta Arnold, aged
thirteen, with £3000 fortune.
Trinity, 1 Anne, Regina v. Blachel and Others (f).
Trinity, 42 Eliz. Basham v. Dennis (g).
Willes, Justice, mentioned the cases of Byre v. Shaftesbury (h), and Goodall v.
Harris (i); and Ashurst, J., the case of B. v. Freeman, M. S., in which Gould, J., was
counsel, when a rule to show cause was granted, but nothing further was done (k).
[39] HARTraY v. BUGGIN (a). 1781. Insurance on ship at and from the coast of
Africa to the West Indies, with liberty to exchange goods and slaves. The ship
staid at the coast of Africa several months, and was employed as a receiving ship
for slaves, afterwards put on board other ships, which was the employment of
a factory ship. Held that this was a deviation.
[Referred to, Company of African Merchants v. British and Foreign Marine Insurance
Company, 1873, L. R. 8 Ex. 157.]
This was an action on a policy of insurance upon the ship Blossom, at and from
the coast of Africa to the West Indies, with liberty to exchange goods and slaves.
The cause was tried at the last assizes at Lancaster, before Heath, J., and a verdict
was found for the plaintiff, with which the learned Judge reported himself satisfied.
On a rule obtained to show cause why there should not be a new trial, it appeared
that there had been a great deal of contradictory evidence, and many points started
at the trial; but the question now raised was, whether the plaintiff, by the use he
made of the ship on the coast of Africa, and the delay he there occasioned, was not
the cause of the loss; that is, whether he did not make such use of her, during her
stay on the coast, as amounted to a deviation. It appeared in evidence that this ship
staid on the coast from August to March; that she was employed in receiving slaves
on board, the produce of the cargoes of other ships, which were afterwards put on
board other ships and sent to the West Indies; that this is the employment of what
they call a factory ship, but that a regular factory ship is thatched and covered, and
(c) B. R., H. 12 G. 2, 2 Str. 1107. (d) B. R., M. 24 Car. 2, 3 Keble, 101.
(e) 1 Lev. 257; 1 Sid. 387, S. C. (f) 7 Mod. 39.
(g) Cro. Eliz. 770. (h) 2 P. Wins. 102. (i) Id. 562.
(k) See statute 9 G. 4, c. 31, s. 19, and the printed report of Wakefield's case, 1827;
B. v. Ward, B. R., M. 3 G. 3, 1 Blackst. 386; B. v. Clarke, B. R., T. 31 G. 2, 1 Burr.
606. As to conspiracies to marry paupers, see Russel on Crimes, vol. ii. p. 566, 2d ed.
(a) S. C. Park, Ins. 415; but without the arguments of counsel.
527
3 DOUGL88.
HARTLEY V. BUGGIN](ViewImageLocal?handle=hein.slavery/ssactsengr1030&div=1&collection=&method=preview&ext=.png&size=3)