Star. — London, England, 1811-11-08 00:00:00

NAP4L INTALLICENCE. PLYMOUTH, NOVEMBER 6. No arrivals nor tailings this day. The Btoop. BOUND came up the harbour to refit. Wind W. PORTSMOUTH, NOVEMBER 7. Arrived the TISIPHONE from Yarmouth Roads.— Sailed the VENERABLE, VENGEUR g and PARTRIDGE, for off Cherbourgh.—Wind N.W. DEAL, NOVEMBER 7. Arrived the COURAGEUX and la LOIRE from the Baltic. Sailed the MosQurro for off Flushing. Five o'clock: p. m. The wind is rather inclinable to the Northward, consequently the outward-bound are getting nnder weigh. Last night, a boat belonging to this place, return ing from one of his Majesty's ships in the Downs, was upset by a sudden gust of wind, by which accident a man of the name of Pilcher was unfortunately drown ed. Two others who were in the same boat saved themselves by swimming to one of the ships. Pilcher is the last of three brothers who have met a similar fate. We have had very blowing weather for some days past. No damage has been done to the ships in the Downs, except the loss of a few anchors and ca blei.—Wind N.W. and moderate. DOVER, NOVEMBER 7. His Majesty's ship NAIAD, Capt. CAItTFItET, went past here this afternoon to the Downs, with a French lugger privateer in tow, which the raptured last night in this neighbourhood. The lugger had a jury main mast set, halting probably lost her proper one in the thace. Have not been able to learn any particulars, but she appeared to be one of the largest class. YARMOUTH, NOVEMBER 7. Sailed the Locusr, Lieutenant GIDGE ; URGENT Lieutenant Rloll' ; and the EXERTION, Lieutenant MURRAY; and the BitiroseAßT, with convoy for Sheer ness. The RzovLus and DAPHNE are under sailing orders. Passed through from the Baltic several mer chantmin. Remain in the Roads the Soleb.iy, Vice- Mvitant, Regulus, Daphne, Castilion, Calliope, Starling, and Cracker.—Wind W.N.W. INVERNESS, NOVEMBER 1. The weather has for some days back been extrem-ly boisterous t 'ea, with the wind from the east, and of course biassing in. alt re.—A very large brig, name unknown, was on Sunday night Off Golspy and Dornoch in the greatest distress, 'having been 4r .'en from her anchors, and being within a few yards of the Pb Is on the share of EmboL Although she continued to fire sans of distress during the whole of the night, the surf was so geeat that no attempt could be made to afford the least assistance. Happily, however, the wind having shifted, she got out to sea on Monday morning, although not we fear without conalderable damage. A number of vessels exposed to similar danger fortu nately made their way into Cromarty Bay, where they now re main in sarety. LEITH, NOVEMBER 4. . The Aacnas gun.brig, which has been twice put back by con. Crary winds, sailed again from the Roads on Saturday, with her convoy, 14 in munber, for the Nore ; the C4:IO2UETTZ sloop of war, arrived in the Roads on Saturday, from the Nore, and sail. ed again yesterday on a cruize; and the FORWARD gunzbrig sailed yesterday, with a convoy, to the northward.—On Saturday, the body of one of the two men belonging to the Plover, who were I lost. by the swamping of a boat on Tuesday, was found on Leith sands, near the Beacon., Early on Wednesday psorning, during $ violent storm, a vessel was seen at anchor off Montrose, appa rently a ship, without main or mizen-mast. At ten o'clock she broke from her anchor, and got under way ; but, being unable to clear the Redhead, ran on shore on Lunan Bsy, where she no* lies a complete wreck.—She proves to be the Catharina, Captain tV2ItS, burthen 252 tons, front Petersburgh for London.—tier cargo consists of Rau, iron, and tallow ; the former of which has been landed, the one hal f damaged—She left Gottenbuzgh on Friday temsight, in company with 250 sail, seven of which were calcen by the Danes.—Shortly after they encountered a tremendu owl SVe, which cut away her masts, and five of her screw, clear ing the wreck, were swept off by a sea, one of which was the master, who, with another, providentially reached the vessel; the others found a watery grave. About one o'clock, on the morn. ing of Sunday last, a Russian galliot, prize to the Tartar frigate,' lately stranded it ISiontrose, which had been carried up the river, ind laid on the beach, drifted to sea with a strong stream-tide, and was dashed to pieces on the Ness. On Tuesday a foreign gal liot appeared off Aberdeen, timely among the breakers, but was safely guided by signals into the harbour, it being impossible for the pilots to go off to their assistance, the vessel having come through a heavy sea, and escaped the most imminent danger.— This vessel, the Vrow Freden, had sailed from London with a _ _ fleet for Memel, and was in soundings on the opposite coast when taken with the gale, by the violence of which she sprunk a leak, and washed part of her ballast. The French privateer which captured the Pame of London, on the hath ult. off Shields, took out all her crew save an okttrian and a boy, and put six Frenchmen on board to carry her to the nearest port of France. Next day the wind shifted suddenly to the North-west, and blew a furious storm ; night Caine on, and all the candles being thrown overboard they could not distinguish where they were by the compass, but were driven furiously into the mouth of the Forth. The boy recognized Inchkeith, and da ringly assuming the command, tarried litr up the Frith. On ap proaching the Rebecca, anchored by St. Margaret's Hope, the un daunted boy hailed aloud that he had six French prisoners on board, and demanded assistance, in the broad Scutish tongue, to get them secured! When the manned boats came alongside, the boy resolutely seized the Frenchmen's pistols as his by right of oonquest, and all the threats of the Rebecca's crew could not make him part with them.—The prisoners acknowledged the boy to be an excellent steersman, and considered themselves as ob liged to him for saving their lives, as well as the ship and cargo. Conduct like this In a boy of only 13 years of age, is truly Briti and will certainly not be allowed to pass unrewarded. It is rather as uncommon occurrence to see a vessel, tom/minded by the enemy, taken in the Forth above the Ferries. We have extracted from American Papers the re.l mainder of the evidence before the Court of Inquiry' , on Commodore RODGERS, relative to the conflict be tween the President and the Little Belt. It is of a similar character to that we before published. Captain BINGMAM, we understand, denies the whole 1 of the statement given before the American Court Martial on Commodore RODGERS ; in which, as our Readers will have observed, the witnesses from the crew of the PRESIDENT assert positively, that in the late action between that vessel and the LITTLE BELT, the first shot was fired from the latter vessel. A sailor belonging to one of the ships of war lying In Leith Roads, late on Thursday se'nnight, contri ved to fasten some gratings to a beef block, which he threw overboard, and immediately leapt after it, and with great difficulty got hold of it, and by means of the gratings supported himself until Friday morning, when he was discovered near the middle of the Frith by some oyster-fishermen, who succeeded in releasing . isim (then in a state of insensibility) from his perilous situation, and brought him to Prestonpans, where he was treated with the greate't humanity, and in two , hours aftet landing, he walked off with his satchel, which contained a suit of clothes and other necessaries. • I tar hvrEtticascE. ADMIRALTY COURT, NOVEMBER 7. Oliver Elsworth, ----master.—ThisAmerican ves sel, laden with cotton, tar, and turpentine, from Wil mington, in America, to London,. was, at the time of capture, near a French port. The Court had the as sistance of Trinity Masters, who were of opinion that the cau , e of her being in that situation arose from the course of the tides.—Restored, subject to captor's expences. Vrow Elizabeth.—This vessel, under Pappenburgh colours, laden with pot-ash and tar, from Archangel to Leith, was captured about ten German miles south west of Shetland.—Restored, with freight and ex pences, but subject to the captor's eipences. St. Ivan,— Wacklen master.—This vessel, under Russian. colours, laden with pitch and tar, was pro. ceeding to London at the time of capture.— Judgment suspended till next Court-day. COUKT OF KING'S BENCH, NOV. 6. MARTIN AND ANOTHER •. CROCKATT. IThe ATTORNEY-GENERAL moved fora rule to :hew cause why there should not be a new trial granted in this case, which was an insurance upon a prize-ship captured by two Captains in the Royal Navy, on the ship and cargo to St. Nicolai, warranted free of par ticular average unless the ship be stranded. In the course of her voyage the vessel ran foul of another ; and being unable to keep the sea, put into Warterg, in Sweden. Here she was found to be incapable of repair, and was sold for what did not cover her ex pences. The plaintiffs did give express directions to abandon the vessel to the Underwriters ; but the evi dence on the trial did nor go to the abandonment.— Then the question was, whether this was not a total lois, with benefit of salvage to the Underwriters? As nothing was recovered in point of value, and as by perils of the seas the voyage was defeated, and the ship was out of existence as to the purposes of the voyage, the plaintiffs were entitled to recover at least upon the ship considered as a wreck. There was no doubt, but that the Underwriters were entitled to sal vage upon the disjected members of the ship; and it was not: necessary to abandon. Lord ELLENBOROUGII asked the Attorney-General to shew him any case in which such a property was not abandoned. The ATTORNEY-GENERAL went upon the principle, and not upon cases. He did not mean to reflect upon the decisions of the Court; but it did happen, that in going from one decision to another, one got to an ex tent at which one should have been shocked if it had been proposed to one to go at once. Lord ELLEN BOROUGH understood what was meant by a total loss where the thing ceased to exist ; but there were also constructive losws, where the assured turned owr a desperate risk to the Underwriter, and armed him with his authority by an act of abandon- Inuit. I► the vessel was scattered in pieces all over the world, it would be quasi not subsisting ; but here there was a wreck actually sold. The A►TTOKNEY-GENERAL was old enough to re mereb(r the insurance cases of former days, when it was thought rather a sharp act to abandon ; but now it was thc ught a foolish one not to abandon. Mr. Justice Baytev—.Here the thing remains, in Its rh, , racter of a ship. Lord ELLE-Ns:mot:cu.—The Underwriter could only be put in the plaintiff's place by a formal aban donment. Mr. ATTORNEY-GENERAL—He is in•our place and is entitled to salvage. Lord EttaNsonouou could only think as he did, consistently with former decisions and long practice, and he was not disposed to ventilate upon ,he sub ject; otherwise there would be no fixed practice in the Court. Mr. Justice linvnav—,The wreck was sold, and it depended upon the mat ket whether there wale total loss or not.—Rule refused. NOVEMBER 7. At the sitting of the Court, Lord ELLENIOROUGW delivered a patent, which he desired to he unrolled, appointing his son, the Hon. Edward Law, and Os borne Markham, Esq. to the office of Chief Clerk of the Court. They accordingly took the caths and their scat at the Table of the Court, Lord Ellenborough covering their heads with the caps e f office. • Lord ELLENTIOROUGH called Mr. Pollock, who had moved yesterday for a Rule to chew cause why the rendering of a principal Debtor by his Bail, on the eight entire day in Teim, after the return of the writ, exclusive of Sunday, should not be held sufficient to exonerate the bail, and desired, as cti looking into the matter, he found the point had never been decided, that, instead of being refused, the rule niri should be granted. RAPER V. aIRCERECK4 The ATTORNEY-GENERAL moved for a Rule to chew cause why there should not be a new trial in this case. It was an action brought at the sittings after the last term, by the indorses against the last indor sers of a bill of exchange. The tact was, that the bill had been accepted, payable in case of need, at Messrs. Boldero's, who had paid the bill for the plaintiff's honour, and had, by mist,ke, cancelled the accep tance, noting the cancellation to that effecr. This was proved at the trial, and the plaintiff had a ver dict ; but all the intermediate indorsers refused to ply the bill to the defendant, on account of this cancella tion upon the face of the bill ; and the Attorney Ge neral submitted, that the defendant ought not by the act of the plaintiff, to be burthened with any doubt ' in his claim upon the indorsers of the bill to him, and , with the necessity of proving all this history in an ac tion at law, before he can recover his right. The de fendant must be placed in the situation of a common and rscr. Provided no other person but the parties to the cancellation were affected by it, it would be no -1 thing; but the mischief would be extreme, if the can cellation, which was the act of the plaintiff's banker, t were not in this case held binding upon him. Sup pose the witnesses were to die, and it could not be proved that the cancellation was a mistake. The de fertdant only made the objection to the plaintiff which the previous indorsers made to him. - Lord ELLINHOROVOH granted a rule to sjrew cause on account of the importance of every thing which re- I lated to the law of bills of exchange ; but it was a rule which was not likely to be made absolute. Sup pose the cancellation had been made by a blot, or by a burning of part of the bill, so that it would have , been essential to produce evidence as to the actideaul *gem of the cireunistanee.a. eepelled all one's &an's to say that this could not be explained away and set right by evidence ; and it was too much to say that an innocent party should suffer by any such accident. ISRAEL V. ERNJAMIN. fr. GAR/tow moved for a rule to chew cause why the nonsuit which had been entered in this case should ,not be set aside, and a vet-slice entered for the plain tiff. It was an action at the last Middlesex Sittings for a bill of exchange at two months of £5O, with all legal interest ; and Mr. Garrow's only objection arose upon the Stamp Act ; for as, when the bill be came payable with all legal interest, it would be a bill for £3O. Bs. 4d. and not for £5O, it might to have been on a 3s. stamp, and not on a Is. 6d. stamp as it was. Lord ELLENBOROUGH said, that the objection would have been strong, were not Mr. Garrow turned round by paying I'2o into Court upin the declara tion generally, which amounted to an admission that the stamp was valid: therefore, cadit gurthe. OSWELL V. VIGNE. Mr. RICHARDSON moved for a rule to shew cause why the verdict for the pla . ntiff in this case should not be set aside and a nonsuit entered. It was an ac tion upon a Policy of Insurance, in which Lord El lenborough had reserved the point which he had in subsequent cases determined in favour of, viz, that the vessel was condemned for carrying simulated papers, there being no licence to that effect in the Policy.— This point bad been now decided by the case of Steel v. Lacey, in the Common Pleas, acid by that of Ho meyer v. Lushington, in the King's Bench, a few days ago. In the case before the Court, Lord Et.- LaNsumoucti said, that he had not determined his opi nion as to the point ; but in the case of Homeyer v. Lushington, such a determination was acted upon. The ATTORNETGENEHAL, who was in that case, desired such a determination not to be understood as acceded to on the part of his client, who would shortly make a motion fur a new trial on the subject.—Rule to shew cause granted. THE KING V. BOROUGH OP PLYMOUTH. Mr. Hotnovn mentioned to the Court, that the case to which he alluded yesterday, as in Strange, was in 2 Lord Raymond, 1354, Tufton, Esq. v. Ne i vinson, Mayor of Applehy, in Westmorland, in which upon an issue of non furs electus on a mandamus to swear the plaintiff to the office of Alderman of that Bo rough, it was objected for the defendant, that the plaintiff ought to prove that he had received the sa crament within a year before his election ; the statute of the 13 Car. I. c. 1. being express, that in that de fault the election is void. To this it was answered for the plaintiff, that first, at the time of the election, no such objection was made to him, and that was proved by witnesses ; therefore therplaintiff could not expect this objection would be made at the trial, and 'did not come prepared to make out that fact. It was also said, that the Act .5 Geo. I. c. 6. for quieting and establishing corporations, confirmed persons then in offices, who had omitted receiving the sacrament, as the statute of Charles directed, and discharged them from all its forfeitures. But the whole Court were unanimously of opinion, —first, that this case was not within the Act of the 7 Geo. I. because the plaintiff never was admitted into the office; and se , condly, that it was incumbent on the plaintiff to prove i that be had received the sacrament within the statute of Charles, else his election was void : and so it was said to have been ruled by Lord Chief Justice Parker, 'between Vavasor and Hammond : and so it was held in the King v. Muskett ; only a difference was there taken, that in case a member of a corporation had been long in possession of his office, there ought to be notice given, that this would be insisted on at the trial ; but here the plaintiff , had never been admitted into the office, but sued this mandamus to get himsel! sworn in. And to this issue concerning the plaintiff's election, the Jury, by the direction of the . Court, found for the defendant. In this case, Mr. Houtorn could not apply for a peremptory mandamus, to swear Dr. Bellamy Mayor of Plymouth, for he had never been elected. The Learned Counsel also cited the , case of the King v. hlunday, decided by Lord Mansfield, in Cowper, 515. Lord ELLENBOROUOII.—AIthough Dr. Bellamy be I not admitted Mayor, and cannbt be removed by quo warren:lo ; yet he might be fined and punished, if it were found he had usurped the office. The ATTONSICZENERAL was not present yesterday when the motion was inade. The Indemnity Act operated upon elections ; bUt here there was no elec tion. The only question was, whether the electors were not bound to see that the object of their elec tion was not properly qualified ? and, as in this case, the election must be made on a particular day, by charter, whether the votes were, in this instance, not thrown away? The Attorney-General was aware, they were always considered as thrown away. in ge. neral elections, when the electors had not nctice of the disqualifications of the candidate ; but, in this , particular case, and when the objection was not made Ito the candidate at the time, he thought it might be differently held. Lord ELLE:NBA:mot:oiI did not grant more than a rule to shew cause. COURT OF COMMON PLEAS, NOV. 7. FLETCHER V. JERVIS. In this case Mr. Serjeanr VAUGHAN applied for a rule to shew cause why a verdict obtained for the plaintiff, at the last Derbyshire Assizes, before Judge Grose, should not be set aside, and a new trial gran ted.—A Mr. West rented some lands from Jervis ; and a special agreement was entered into, by which Fletcher was to succeed West as tenant to Jervis, and a sum of money, about £9O, was accepted from Fletcher for the rising crops. The agreement WAS not performed. and Fletcher brought his action for the non-performance; but was nonsuited, on the ' ground that West, and not Jervis, was the covenan ter. Fletcher then brought an action for the £9O paid to Jervis, bet it was resisted, inasmuch as it was alleged on the part of the defendant, that the said £9O was paid back to pl.iint ff by West, upon tho. non-performance of the agreement. On the trial West swore that he was desired by Jervis to pay the money ; that he went to the house of plaintiff, but did not find him at home ; that he then said it, was likely he sh,uld meet him on his way hack ; that he did actually meet him on the road • that both dis mounted, settled the calculation of t he money with a ,~ . • ti c; 7 • , stfek on the sand ; and finally, that the money was paid, all but one shilling, £7O in cash, and a bill for /I ' . £2O. It was remarkable, that this very £2O bill was the same originally paid by Fletcher to Jervis, - for West, in consideration of the agreement. It win an acceptance of Fl-tcher's, indorsed by him and ..lso by Elijah West. West also swcre, that b-tore he gave beck the bill, he erased his own indo , sement. The Jury, however, did not believe the e% idence of West, on account of some circumstances adduced by the plaintiff to invalidate his testimony ; and am rig the rest, his having written a l-ter to Alai .tiff, wherein he said that he would not go int* Derby shire, from Yorkshire, to give evidence on the trial, under eight guineas. This the Jury cons , dtred as putting a fine upon his testimony, and they not be lieving him upon his oath, .g.ive a verdi c t for the plaintiff. The Le.aned Seueant said, th•it since the • trial affidavits were c.btaisted corroborating the state. ments of West, and alledging also that the plaintiff had at one time acknowledged, and at another time denied, the receiving of the £2O bill. It appeared likewise, that the plaintiff never applied for the £9O from the 2 tit if May tl the sth of December, 1810, not, in .act until he had been nonsuited in his first action. he then fore begged that the question m . ght be farther inquired into ; and fur that purpose he made the present application.—Rule granted. CLAYTON Ir. DILLY. Mr. Serjeant PELL applied for a ride to shew cause why the verdict for the plaintiff in this case should not be reduced from .6105 to .45. Clayton and' Dilly were b th horse.jockies ; and the latter had engaged the former to bet tor him at the Epsom Raciss.,, Clayton did, accordingly, make Itwo bets - of iiSlreach on a hor se called- Pkdire ; 1 1 which he lost, and paid to a Mr. Walker and a Mr. Bland. Dilly refused to pay the £lOO, and the plaintiff brought his action. On the part of the def,ndant, it was pleaded, on the trial, that the transaction was illegal; th ,t he WAS not authorized by law to pay the debt ; and that the plaintiff had paid it in his own wrong. The Jury, however, under the direction of his Lordship (Sir James Mansfield), returned a verdict fur the plaintiff for the £lOO debt, and £5 more, due on a regular transaction. Leave was at the same time given to move in Term kr setting aside the ver dict; and he now moved accord , ngly. Sir LthilltS MANSFIELD.—On what statute do you found your application Mr. Serjeant PELL—The 13th Ceo. 2, c. 19. Sir JAAIIIS MANSFIELD—That statute does not bear ' you out, as it authorises stakes to be ran for at two specified places ; and ancther provision in it allows the same to be run for at ether places. Mr; Serjeant Pant. then had recourse to the gene ral gaming statute, the 9th of Anne ; and to the 16th Of Charles 11. chap. 7. ; the latter cf which particu larly applied to the present transaction. Rule granted. HARRYS D. IbALSTON. Mr; Serjeaut MANLY moved to shew cause why an attachment should not issue aga;nst the de:endant for the sum of £175 6s. Id. ; pr why the defendant should not pay the same sum into Court. The defendant was plaintiff's attorney; but hehad lately taken out a commission of bankruptcy, which was m.w before the Chanceil.r ; and the question was, whether defendant was to account with plain tiff's assignees under the commission, for the money mentioned ? or whether, previous to an adjudication in Chancery, he should be obliged to lodge it in their Lordships' Court, as the property of the plain. tiff.-- R ule granted. HOBERT O. JACKSON. Mr. Serjeaut SHEPHERD applied for a rule to sheio cause why the verdict of the plaintiff in this case should not be set aside. Oil the 6h of inne, 1807, plaintiffeffected a policy of insurance for £lO,OOO, for goods, being hemp, and marked R, in a ship or ships bound frofn St. Peter sburgh to Chatham, Lon don, Plymouth; or any other port in Great Britain and a warranty to sail on or bef re the 20th of Au gust was also granted. 1 here being a great diffe rence of risk between a summer and a whiter voyage, on the Pith of October a memorandum WAS indorsed on the policy, that the interest should be in goods on board the Susannah and Mehncthon ; and another memorandum was signed by the underwriter, by which it was agreed, in consequence of four guineas Per cent. additional premium, to withdraw the mai k from the hemp, and also to expunge the warranty f sailing on the 20th of August. The Learned Ser jeant contended, that when this memorandum was presented to be signed, the broker knew not the situ ation of the ships ; that the concealment of a material fact was made by the insurer, the ships having then, the sth of October, gll arrived, and having gone back to St. Petersburgh, with additional cargoes ; and he therefore submitted, that the underwriter had unknowingly subjected himself to a risk which he would not have done had he been acquainted with this material tact. Either the making of the memo randum was an extensioti of the former policy, or it was a new insurance; and in either case, his objet. tion was fatal to the validity of the instrument. If_ the former, the policy was void, because the Stamp Act required that there should be an additional stamp ; and if the latter, it was also void, because the law provided that the property of the thing should . remain the same, which in the present instance was not the case, as the mark was taken off r n the 6th of October, and the loss occurred in the November fol ios.. ing. The Act making this provision was the 35th Geo. 111. chap. 63.—Rule granted. CORN MA BRIM, MA RE-L A RR. NOVEMBER B.—From the late contrary winds coastwise., there are very few arrivals of grain in general, and Wheat fetches a small increase in price —Rye end Barley, from the extreme short supply, are each rather dearer—Malt and White Peas support their prices—Beans, of each description, also maintain their late advance—still from the continuance of short supplies of oats, sales thereof are named fully at last prices —Flour with out variation.. OtI4IIII.AL CUARIIIICT All UNDER Wheat 9Ss. 110 s. 12411. Beans, 62i. 671. Fine ditto, 121 s. 1324 Tick ditto, 525. 655. Rye 50s. 16s. Fine Old ditto 645. 654. Barley Sus 571. 04. Pats 30s. 565.425. 'Mak. 82s. 90s. Poland ditto , 445. 40s. White Yeas (Boilers) 82s. Us. Poem, into. 47.. 4SL • it 58$ 645: Rain Seed ESO Ain flour, 1006. to 10Ser-liolooda s 914. I. foos, ..l A