Star. — London, England, 1809-11-09 00:00:00

W"'" FAEkCH PAPERS. PARIS, OCTOBER sO. Yesterday, in pursuance of an ordinance of the prefect of Police, published in virtue of a letter from his Excellency the Minister of the Interior, purporting t h a t the publication of the Treaty of Peace concluded vith t h e Emperor of Austria, shall be made by th e Heralds at Arms, in the City of Paris, at noon ; the Proclamation was made in the twelve districts, amidst t h e acclamations of the people, and the cries of Five rEfri;ertur. The day before yesterday his Majesty held a Coun cil of his Ministers, which lasted till eight at night. Yesterday, at two ft. m. his Highness the Prince Arch -Chancellor proceeded to the Senate to commu tliclie the Treaty of Peace. Persons who have been admitted to the honour of g eing the Emperor, found him glowing with health. They speak of a speedy convocation of the Legisla tive Body. According to letters from London, Marquis Wel !der is said to have received orders to quit Seville, and proceed to Paris on an extraordinary mission. Marshal Ney is arrived from Spain. Every thing announces that Paris will be very bril liant this winter. It is certain that there will be mag r.acent fetes and rejoicings, to celebrate our victories, rd tile glorious Peace .with which they have been ctowned. The concourse Of foreigners from all parts yin contribute to embellish the demonstrations of cublic joy. .. ~~ FONTAINBLEAU, OCTOBER 29. • To-day, after mass, were presented to the Empe. ror to take the oaths— owat Montalivet, Minister of the Interior, PfirCe Corsini, Count Venturi, and Count Carbonara, Senators. On the 19th inst. the Senate of the Kingdom of lv assembled in virtue of a decree of the Viceroy: A dstpatch from hi's Imperial Highness was read, announcing several decrees issued at Schoenbrunn, I ,:,:ch create 16 new Senators, eight Members of the I,eislature, seven Counsellors of State, 15 Counts • , fthe Kingdom of Italy, 45 Barons, three Cham ,c:Ltins of the King, four Ladies of Honour to the Queen, several Grand Dignitaries of the Iron Crown, ~.(1 a great number of Knights. Price of StoCk3l9. NAPLES, OCTOBER 14. The Neapolitan privateer, the Gallo, has taken the nglish cutter the Success, bound from Liverpool for Messina. This vessel had arrived on the 12th of September at Gibraltar, whence she again sailed on t i e Nth. The Sieur Viale, Sicilian Agent at Gib raltar, availed himself of this opportunity to send poromt dispatches to his Court, and a great number of private letters, destined for Malta and Palermo. All these papers, which the English Captain had not tate to throw overboard, fell into the hands of the Neapolitans. They shew the present situation of the insurgents in Spain, and what advantages they hare derived from their alliance with England. The relics of these insurgents are exposed to all the disorders of anarchy. All the provinces subject to the yoke of the Junta of Seville demand a new go *eminent. Every day is parked by some sangui net' tumult ; every day produces some new satire against the present rulers. Add to this, the dissen tars berween the members of the Junta, the inexpe time of many of them, and the ambition of all. So many evils have rendered a different order of things absolutely necessary. The people have required the fiemation of a regency—the Junta has been obliged mcomply, and on the Ist of September the Cortes met to elect a Regent. When the Success left Gibraltar, nothing was yet decided ; there were as many competitors as parties ; and they could not agree on whom to confer the dan gerous post of conducting affairs in their present des perate situation. Several Members of the Junta have resigned ; and, among the rest, M. Garay, who was at the head of the Department for Foreig Affairs. According to the Sevill e Gazettes, found on board of the English cutter, the battle of Talavera has in creased to the highest pitch the confusion which pre vaas in the south of that unfortunate country. The Spanish Generals mutually accuse each other of haring betrayed the common cause. Cuesta andVe negas pretend that General O'Donoghue acquainted Marshal Jourdan with the force and position of the Spaniards. Wellesley complains of all the Spanish Generals, who abandoned him at the critical moment. He has withdrawn from the insurgents, and retreated towards Portugal. The enraged people have compel ler' Cuesta to yield the command to Ecuya. Such was, on the 19th of September, the situation of that unhappy country—where the English have armed the citizens against each other—where they have spread universal desolation and death ; and, here they will terminate their horrible career by a l aicgracetul flight. The Captain of the Gallo having learned that the Sucr_ , :ls was formerly an Imperial French ship, has rn ide a present cf it to his Majesty the King, who has ordered that this cutter, which carries six guns, :rot ltl be fitted for service. PRIVATE LEITER.—VIENNA, OCTOBER 19. * • - The blowing up of the French works in this city and its vicinity, notwithstanding what you will see stated in our papers, did not a little damage. Many liouse'; were seriously injured, and upwards of fifty persons were killed. Thus the labours of months have been destroyed in a moment. None of the armies, either French, Russian, or Austrian, have made any considerable movements ; and it is not expected that the French will retire until the ettJ of this month. The disbanding of the Ad ttrian forces, or the greater part of them is much Liked of. The people of Vienna and other towns are more plcated at the conclusion of the treaty, than if the war iLid been recommenced. So blind are they to their sub,tantial interest. 'HI' Emperor Francis is expected soon to return to capital, but as yet he remains at 'rods. Drt.L.—Sunday evening, a duel was fought, op- Pr 6 it'-! to Sand Castle, between Lieutenant YEattorr, nt his Majesty's sloop BEAVER, and Mr. COLLYER, rtlner of the said sloop ; shots were exchanged by the parties, when the seconds interfered. We under tatiLl that the occasion of the above meeting was in consequence of a dispute between the parties a few days previous to their arriving in England. :LAW lAPPELLICENCE. COURT OP CHANCERY, NOVEMBER I. This day the Court was occupied in the farther hearing of the cause which we noticed yesterday, of an application, on the part of the Marquis of Lans downe, to remove an Injunction of the Court, prohi biting timber to be cut down in the demesnes of his estate of Bean Wood, in Wiltshire, which he held as tenant in common. Sir S. ROMILLY spoke in support of the injunction. Sir F. Baring and Mr. Wilmot had been appointed by the late Marquis the trustees for the future tenants is tail, and had formerly obtained that injunction, which nothing but a strong sense of that devastation which, they apprehended, had been made on these woods, and of the irremediable injury which the future tenants in tail might thereby sustain, could ever have induced them to apply for. Various questions of this kind had lately come before the Court ; and it had been decided, that a person possessing an estate as tenant in common, not impeachable of waste, was only entitled to cut down the timber in a , g husband like manner ;" the meaning of which he conceived was, with a provident view to the interests of the te nant in tail, so as not to fell trees which had not ar rived at maturity, and which. perhaps, in the course of a few years, might double their present value. He conceived also, it had been laid down as a principle, that trees planted originally for ornament, whether in *vistas or clumps, or as single trees, in pleasure grounds, =wire not to be cut down by the tenant in common. These were the principles which Lord Thurlow had 'laid down in the case of Chamberlayne and Dammer, and tp which he believed the Court had uniformly adhered. The Court did not look to the opinion of •this or that artist with regard to what was ornamen ' tal,.or the contrary, for there was no end to the va riety of opinion on that head ; but it looked to the original view with which the trees were planted.— The Learned Counsel then endeavoured to shew from various affidavits, that these principles had not ' been adhered to ; but that many trees planted for ornamenthad been cut down, and young growing trees had been felled in an improvident manner. On these grounds he submitted that the injunction ought to be continued. Mr. BELL spoke at length on the same side. Mr. Itictiaans and Mr. HART appeared for Lord Henry Petty, who succeeds to the estate, failing issue of the present Marquis. They observed, that they had been instructed by their client to content them selves with simply referring the different affidavits to the consideration of the Court. Sir ARTHUR PIGOTT spoke at length in reply ; after which The LORD CHANCELLOR said, he should give judg ment to-morrow in this cause. COURT OF KING'S BENCH, NOV. 8. THE KING V. ASHWELL. TheATTORN EYZ EN ERA L applied for a rale to shew cause why a new trial should not be granted, or the judgment arrested in this case. It was an informa tion in the nature of a quo warranto, calling upon the defendant to shew by what authority he acted as one of the Aldermen of the Town of Nottingham. By the charter, the choice of Alderman was vested in the Livery at large ; but it was contended, that by a by-law that choice had been confined to the Mayor, and to a select body of the Corporation who had served certain offices, in the majority of whom present at any meeting held for the purpose, the choice of Alderman lay. In this way had the defendant been elected; and at the trial, which took place at the last Assizes before Mr. Justice Le Blanc, the Jury found foi the defendant. The objection of the Learned Counsel to this by-law was, that, at the best it was an unseasonable one ; the choice not being in the majority even of the Select Body, but in the ma jority present at any such meeting, so that it might happen that the choice might remain in the Mayor and one Alderman. Lord ELLENBOROUGH Let us have a copy of the record, and take your rule." The ATTORNEY-GENERAL" If your Lordship please, I shall take my rule to shew cause why there should not be a Judgment of Ouster against the de fendant. DOE, ON DEMISE OF GRAHAM, V. SCOTT. Mr. Justice BAILEY said, he had spoken to Mr. Baron Thompson on this case. He admitted that he had, to the Learned Serjeant (Williams), expressed a doubt as to the points since stated by the Learned Serjeant, to that Court ; since then, however, he had considered the two questions more maturely, and was satisfied that there was nothing in the objections of the Learned Serjeant. He, of course, had no wish that any farther inquiry should take place on these points. Lord ELLENDOROVOH said, that the Court had no doubt whatever on the subject. As to the latter of the two objections, though no mention had been made of the term for one thousand years in the year 1757, till 1802, yet in the deed of 1802, the proprietor of the estate declared that that term had never been surrendered. . _ The ejectment of the Rev. James Scott from the Living of Brampton Brain, of course, takes place. CHARLOTTE COZWELL .O. THOMAS WRIGHT. Mr. BOLAND moved that a Halm Corpus should be issued, directed to John Wright, the brother of the Defendant, directing him to produce the Defendant. The Learned Counsel stated, he made this motion on behalf of, and on the affidavit of, Mr. Glover, the nephew, and heir-at-law of the defendant. It was set forth that the defendant was not of sound mind ; that in the month of April last, John Wright con veyed him from his residence, in Leeds, to London, or its vicinity, and persuaded him to give the plain tiff, in this cause, a bond and judgment for £4OO, on which an execution had been issued, and a part of the defendant's property, in Leeds, sold by the Sheriff to satisfy it. That the deponent had made every due inquiry to ascertain where the defendant resides, but John Wright and the plaintiff refused to answer, and kept him secreted. He also stated an affidavit, made by Doctor Heard, setting forth, that he had attended the defendant for several years prior to last April, as his physician, and that he was of opinion, the defen dant laboured under insanity, and was not in a fit state to transact business. The Court granted the motion. MATTHBWS V. WILSON. Mr. Serjeant MANLY moved for a role to shew cause why the verdict in this case should not be set aside, and a new trial granted. It was tried at the last assizes in Hereford, before Mr. Lyon Thomp son. The circumstances of tke case were, that the defendant purchased a horse from the plaintiff, for £B4. The horse proved unsound, and the plaintiff agreed, after some time, to take the horse back ; but stated he had not pasture conveniently for him, as his grazing land was occupied by fat sheep, and the horse might do them an injury; he therefore agreed to pay the defendant a certain sum per week for the horse's pasturage. This took place in 1807, and the plaintiff never made his demand until the present time, when he brought an action for the recovery of', £B4. The proof in support of the action was, the defendant's writing, in a book of the plaintiff's, that he owed him the sum for the horse. In defence, it was offered to be proved, that there was a subsequent agreement, which cancelled .the debt. But the Learned Judge refused to listen to it, saying it was irrelevant to the case. Lord ELLENBOROUOII.I6 Brother Manly, have you stated this case correctly ? for, from our know ledge of the correctness of the Learned Judge, we are inclined to doubt that he could have so decided." Mr. Serjeant MANLY.—" I would be sorry, my Lord, to pervert or keep any thing back—l have stated it correctly, as much so as my memory bears me out." Lord ELLEKBOROUGII.—Ag Take the rule." HABEAS CORPUS. Mr. GURNEY moved for a Habeas Corpus to be di. rected to the Sheriff of the County of Esser, to bring into Court a person of the name of Glasscock, who was committed to his custody on the 14th of March last, on the charge of stealing a sow pig. The Learned Counsel stated, that he grounded his motion on the affidavits of the prisoner, and several other persons ; that of the prisoner set forth, he had pur chased the pig in open market ; this was supported by the affidavit of the person who sold it to him ; the others traced the pig up to the time of its being lit tered.—Motion granted. PRIVILEGE. Mr. MARRYATT moved, that an order should be issued to, discharge his Majesty's coachman out of confinement, he being arrested for debt, although the parties knew he was privileged by royal protection. Lord ELLENBOROIR3II.—‘6 Have you an affidavit that he is actually a privileged person ?" Mr. MARRYATT..—" Yes, my Lord ; he has the honour of driving his Majesty's coach daily." Lord ELLENTROROUGH.—" Take the order." LADY MARY CRAWFORD V. BRISAC. Mr. Serjeant WILLIAMS moved to set aside the ver dict which had been obtained for the defendant in this case. The action was brought for making a wall upon the plaintiff's ground. The premises of these parties were contiguous, and divided only by a sort of hedge or hurdles, six inches within which the defen dant had thought proper to build his wall. Upon the trial below, the tide of the plaintiff was never doubted, and the case fully proved in evidence. There was no evidence whatever on the part of the defen dant. The Learned Judge left the question entirely to the Jury, expressing his sorrow that neighbours should be quarrelling about such a trifle (being a very small spot of ground in Cheltenham), and the Jury, upon this, found a verdict for the defendant. The Learned Serjeant contended, that this was a verdict wholly against evidence ; and however small the space of ground might be, situated as it was in the middle of the town, it was of considerable value. Rule granted. PRACTICE. Mr. LAWES moved for a rule to shew cause why a defendant should not be discharged out of the cus tody of the Sheriff, being arrested upon a defective affidavit, for debt ?—The affidavit upon which the defendant was held to bail, was made by a person in the custody of the Warden of the Fleet Prison, be fore a Commissioner appointed to take affidavits, and the defect in the affidavit was, that in the description given therein of the deponent, he was stated to be , 4 late of Dyot-street, St. Giles's," without mention ing that he was 4 , then of the Fleet Prison, and late of Dyot-street, St. Giles's." The Court, after some consideration, held that the affidavit was defective, as being contrary to a , rule of Court, which requires that the precise name and place of residence of the deponent should be given, and thereupon the rule was granted. BLACKET •1. SMITH. Lord ELLENsosouon said, that a case had been I delivered to him in a manner perfectly unusual, and I it must be struck out of the paper ; it purported to be something which had come on at Guildhall, Lon don ; was an action for money had and received ; and the case stated that it was agreed that a verdict should he given for the plaintiff; but there was no name of the Counsel, nor any thing else to denote that it had been prepared for the purpose of taking the opinion of the Court after argument; it was, in short, a mandamus by the attorney, to the Judges of the Court of King-s Bench, to hear an argument upon a case, of which they had no historical account. The course here taken was so wholly devoid of modest►, that it could not be entertained by the Court. His., Loidship said he had taken the trouble of looking over his book of nisi print, but he could find no trace of any such case, although there might be such a thing called on at Guildhall, of which he had taken no note ; it was, however, absolutely impossible to suffer such a matter as this to stand for argument, or to keep a place for that purpose ; nor could it be ex pected that the Judges should afford their diligence in obedience to the mandamus of an attorney, before the case was put int 6 its right shape; when put in due forth it might be argued ; but not on the uncere monious sentence, , s it is agreed that a verdict shall be given for the plaintiff." Ordered to be struck out. COURT OF COMMON PLEAS, NOV. 8. PARSONS V. SCOTT. Mr. Serjcant BEsr moved for a Rule to shew cause, why the verdict obtained in this cause should not be set aside. It was a case where an action had been brought on a policy of insurance upon a ship trading from Portsmouth to Lisbon. This vessel had reached the port of Lisbon a short rime before Marshal Soult, at the head of the French troops, took possession of that city, and, with many other British ships, captured, and soldiers put on board to take possession of the property. An agreement for ransoming the vessel was entered into between the Captain and the French General. The valuation was to be made by two French Officers. The valuation Was made at £6OOO, and the ship, having been 'berated, we 3 pe r mig o d to Vetnit to England. lt :arrived at Portsmouth on the 19th of April last, and on the Ist of May followirg the Plaintiff gave notice of abandonment, and he sup= sequently obtained a verdict for total loss. Mr. BEST contended that Plaintiff was not entitled to recover, and chiefly rblied on the ca.,e of Bam!)ridgd v. Neilson, as set forth in 10th East's Reports, 3294 It was there laid down that as long as the ship was under the controul of the Captain the Plaintiff could not recover, whether the Owners were apprized of that fact or not; hut even was there any doubt upon this point, he thought there could be none as to the validity of the objection to the legality of the reco very. The ship had been ransomed from the enemy by the Captain, in vi(lation of the Statute George 3d, c. 25, declaring such ransoms illegal —That Court was no place to decide upon the prt.priety or imia prier) , of Acts of the Legislature ; hat the wisdoM of this provision of the Act was obvious, from this cir cumstance, that had the Captain abided by it, and not thrown away so much money in ransom, the pro perty would have been mated from the hands of the enemy, and Marshal Soult would not have been ena bled to carry off six thousand pounds, British property, with him, as it was notorious that Lord Wellington .was in possession of Lisbon a few days after.—kule granted: LEVEN V. JANSON. Mr. Serjeant SHEPPARD stated this to have been a trial on a policy of insurance on a ship, trom G, tee. burgh to any port in the Baltic ; and which shi , been taken by the French at Pillau and sold in !)..,nt zic. The payment of the Insurance had been :(.4 fused, on the ground that she had no Br:tis:l I; _en,:e on board. At Pillau, the Captain concealed tl e cence, with the other papers of the ship, in some p rt of the quarter-gallery ; and hearing that the ship had been purchased at Dantzic, and brought back to England in another name, the Captain and Super cargo went on board, and found the licence, &c. where they had been concealed by the Captain at Pillau. On the day the trial came on, the Captain went away just before it commenced, being obliged to attend the Alien Office, he being an Alien. Be sides, on that day a number of causes respecting ships which had been captured at Mau at the same time, having been decided without their licences being asked after, the Captain of this vessel did not think his evi dence so necessary on the trial as it really was. The Learned Serjeant moved for a Rule to show cause s which was granted. HOLROY AND OTHERS V. GWYNN. In this case, Mr. Seijeant WILLIANIS moved for a Rule to shew cause why the former verdict should not be Set aside, and a nonsuit entered. The Learned Serjeant stated this to have been an action of trover, brought by the plaintiffs, whe were the Assignees of one Lee, a bankrupt, for some timber whi c h h a d b een sold by Gwynn, to Lee, in 1807. Lee paid at first £l7O, and afterwards he was to pay at different tim-s, 81189 more. This agreement being entered into by the parties at the same time, that if Lee should be come a bankrupt before that sum of Jel 139 was paid up, it should be lawful for Gwynn to take away all trees standing, cut down, or taken away with the bark, &c. to make up that part of the sum which might remain unpaid. Lee had become a bankrupt before the sum was paid up, and Gwynn had entire. .ed the terms of this agreement, for which the As signees of Lee had brought the action of trover against him. it had been tried in Middlesex, before Sir J. Mansfield ; and he, not recollecting a case analogous to it, had directed the Jury to find a verdict for the plaintiff, reserving it for the Court of Common Pleas to issue a Rule for a nonsuit.—Rule to shew cause granted. CIIARMANT v. TATUM. Serjeant VAUGHAN stated, that this action had been formerly brought by the wife and executrix of a man named Channant, who, with two other persons, Kelly and Smith, had kept a gambling-house in Jermyn street, for money lent by her deceased husband to the defendant; and the Learned Serjeant moved for a rule to shew cause, why the verdict should not be set aside, Bcc, Smith was the evidence who proved his having lent £5O of the partnership money to Taylor, and that when the partnership was dissolved, Char. mant was to take the debt as his own property. He argued for the rule on the ground that the action should have been brought in the names of the three partners. Sir J. MANSFIELD, on referring to his notes of the trial, found that Smith had positively sworn that he lent Taylor the money, for the express purpose of gambling. — Rule granted On Saturday last, a boat with five men put ashore near the signal post at Sutton; on the coast of Lin, colnshire. The story connected with the circumstance is as follows :—William Fitzgerald, carpenter's mate of his Majesty's ship the Magnificent, cast away on the coast of France on the 25th of March, 11904, was, with 75 of the crew, put into a French prison ; and, on the 6th of July, 1809, this man, with several others, got away from the prieun ; and, on his arrival at Amsterdam, requested protection from the Ame rican Consul, who tefused his request. He then, rather than be again immured in a prison, entered on board a French privateer, in the hope of being captured b ? some British cruizer. 'l'he privateer was at anchor at Schelling, when a boat was sent out to capture a vessel in the offing. In this boat went Fi tzgera ld, Peter Doyle, an Irishman, Ad Thomas Green, a Prussian, with ten. Frenchmen, and an American black. • Fitzgerald 'and his two friends watched the proper opportunity, seized upon the arms, and forced I' all the Frenchmen to jump overboard, excepting one ! who, with the American bl ac k, c om p ose t h e num b er that have landed on the coast. Capt. LLOYD, of the 1 Royal Navy, at Boston, has sent them to Great. Grimsby, there to wait for their disposal by the Ad. rniralty. A Very destructive fire broke out in the stables of Major haunt., at Hardinge.green, Surrey, on Sun. day evening, which was oc ca si o n e d by a can dl e f a ll. ing from a - lantern, which communicated itself to a truss Of straw. The Major had just returned home in his curricle, and the stableman was gone fig a pail of water when the accident happened. The building, consisting of a stable and outhouse, was destroyed, As were also two horses, worth 200 guineas. The dwel. house caught fire, but it was extinguished beim" t he same. spread. 1 11 ~ I , i , v i '.. 1 i• .. 1 . , 1 i 1' • I • i .. , 1 ..., , i i t: t . . ..- i . 1 , • i j 1 1 , i. iv i IF i i : 1 ,