Star. — London, England, 1811-11-05 00:00:00

NAVAL ArrzLuciitz. - 7 ILALMOUTH, NOVEMBER:2. Put back the Princess Mary packet ? leaky ; she is reported to be ready again on the 7th inst. Also put back the NIMROD, PERCY, for the South Seas ; she was chaced into this port by a French privateer, l which remained off the port all the evening. The /siltation parted with the Diana packet, bound to the Brazils, on Thursday last, in a gale. PI.YMOU I H, NOVEMBER s. The TONNANT, 80 guns, arrived late last night, from a cruize off - Brest ; and the HELICON brig of war, from a cruize. Sailed the ALPHEA schooner, for Portsmouth. The SAN JOSEF and DIANA were paid wages and prize-money yesterday ; the former is ex pected to sail to-morrow to join the Channel fleet at St. Helen's.---Detached from, but.beionging to, the Channel fleet, there is to be a small squadron of ob servation, which is to rendezvous, fOr supplies, &c. in Cawsand Bay. DEAL, NOVEMBER 4. Sailed la PIQUE for Sheerness, to repair the da mage she sustained in the late gales. Arrived the Museurro from Yarmouth, and remains. EYEMOUTH, OCTOBER 18. About five o'clock this morning, one of the fish= ing boats belonging to this place was upset by a sod , den squall of wind off St. :ebb's Head. The men stuck by the bottom of the boat ; one of them, how., ever, trusting to his expertness in skimming, lett if to get to land, but when he had proceeded 'a certain length, in purpose to regain the boat, he turned; not however able to reach it, he sunk to rise no more ; within a short distance of his companions. In this dreadful situation they confirmed Mine hours, when they were picked up by a brig, too late, however, to save the lives of two of the men, who before that had expired through excessive fatigne and exhaustion. Upon a signal being made from the brig, a boat vent out to her and brought in the bodies of the two Men who died, and the two survivors. By this me laniholy actident, an aged mother is left to deplore the late of her son, two widows the .death of their husbands] and twelve children the.loss of their fathers. LEITH, OCTOBER si: The RIFLEMAN and Cito sloops of war sailed on Monday from Leith Roads, in quest of some priva teers that had been seen on the coast.—Arrived in the Roads, on Tuesday, the DAtitNii gun-brig, and the NIGHTINGALE sloop of war, from Gottenburgh, from whence they sailed on the 26th inst. with a-con voy of about 250 sail for this country, but it blow , ill a heavy gale from the eastward; the ships were dispersed in the North Sea.—Tuesdaj afternoon, as One of the PLOVER sloop of war's boats was going Off from Leith to the Roads, a sea brOke on board, and swamped her ; a boat belonging to the Fent *Aftli gun-brig picked up all the men except two, whO were unfortunately drowned.—lhe ARCHER gtin-brig is getting under weigh with her convoy.— Yesterday, 33 Dutch prisoners were landed at Leith from the PLovzit sloop of war. NOVEMBER 2.-1 he wind having come rolled to the eastward; the ARCHER gun-brig has put hick to Leith- Roads with her convoy.—The Lama sloop of war arrived in the Roads from a cruize on Tliut s day ; 'alto came up the RIFLEMAN sloop of war ; tor. ced back by the easierly wind.—The smacks Pilot, Swallow, and SWift, from London, arrived in the Roads this merning.-Z-Yesterday, the Lincoln West Indiaman, in taking the harbour, struck on the bar, and went (2n shore to the eastward of the pier, but was got off this morning without damage.— For tome dayi past, the tide at Leith has been remark ably high, there being upwards of 18 feet of water in the harbour. Several houses near the glass-house have been datnaged, and a large warehouse near ' the New Duck has been seriously injured.—Satur day night last, between six and seven o'clock, the sloop. Busy, of 'Leith, ALEXANbER ABBEY master, from Wick bound to Leith, in taking the harbour Of Stonehaven, went on the rock called the COMA.. ker, and became a complete wreck. As the tide was corning in, the wreck drove on shore, and the mas ter, crew, and three passengers were saved by keep ing on the quarter-deck. She was loaded with red and salted herrings, and some hides, of which very little will be sated.—Tuesday afternoon a Danish vessel, froth London; was put into Aberdeen in' dis tress. She sprung a leak in the late gale, and had pumped out all her ballast. There was a heavy sea at the harbour mouth when she went in, but by the active exertions of the pilots she was safely moored. GRANGEMOU 111, OCT. 31. • The sloop Fame, Johnstone, Master, belctiging to this place, bound from London to Arbroath, with hemp and flax, wds taken, on Friday last, off Shields, by a French privateer, when the Captain, a passenger, and one man, were taken out, leaving one mat and a boy, and putting six Frenclithen on board. Not being able to clear the coast, the Frenchmen begged the man and boy to carry them into port to save their lives; the man was unacquainted, but the boy brought tip the vessel last night, and came to in St. Marta. tet's Hope, above Queensferry, alongside the Rebecca, Johnston, one of the Canon vessels, who relieved them of the Frenchmen, and the sloop came up here this afternoon. FROM LLOYD'S LIST. The Earl of Chesterfield packet is captured by a Frenah priva teer, off Alderney. "file Mary, Power, from St. Übe's to Drogheda, was driven en shore It Kilmore on the 25th ult. The Nirdod. Hunter, is arrived at Bristol from Malta, after a voyage, Mat and home, of only two Months. I lie Planter, Bruton, from London, is arrived at Jamaica, after having been plaudered of cargo and her stores, by the Duke of Dant= privateer. The Richard, Patton, from Bay Chaleurs to Whitehaven, is totally lost in the Streights of BellHuleisle • crew saved. '1 he Lady Petre, Robinson, of l ' , bound to Lohdon, is on More on Kirkley Beach, near North Yarmouth. '1 he Harley Castle, Stark, from Hull to Heligoland, was totally lost near Susum, 20th ult. 'llte John and Elisabeth., Heslop, of Sunderland, was lost 27th adtitno; crew saved. ARRIVZD—At Portsmouth, the Caftabrian frigate, from Malta, with two transports; and tke /EOlus, from Guernsey. At Ply mouth, Christopher, Meadows, from Malta, leaky. At Pal-, mouth, Fos, Lenore, from Gibraltar. fAt Liverpool, Tiger Porter, front Barbadoes Theodore, from Maranhant donia, front New Brunswick ; Sugncl, Prowse. from Lisbon ; SteadY, Bully; Labradore ; Adventure Andersoo, from Nova Scotia ; Clyde, Cook: from NewfoundiLd ; and Martha, Winne, from New Brunswick. • ~ . . LAMP 114PTILL • MINCE. _...„..... 4 COURT OF CHANCERY, OCTOBER Si. DEMURRER.—JONRIS V. THOMAS AND ANOTHER. This was a demurrer filed against die relief prayed by the Plaintiff, Mr. Middleton Jones, the 4th son and sole surviving issue of his father and mother, who intermarried in the year 1738 ; and , in pursuance of previous articles executed, the marriage settlement in question, on the wife's coming of age, settling her estates on her husband and self for their lives, and in remainder on their issue, which were five in number, and died without issue or marriage, except the second son, Thomas, who left two illegitimate daughters, and devised by will the estate to them, -without, how ever, any recoveries having been suffered. On this g round, and the illegitimacy of the two daughters,incapacitating them to inherit estates, the Plaintiff filed his bill, praying, that the deed of settle. ment may be produced at the trial of his ejectment, and afterwards delivered up to him. The Demurrer contended, that the lands were duly described by the Bill, and that the deed Was not his till he proved his title against the surviving husbands of the deceased daughters of Thomas Jones, who died in the year 1802, after duly making his will. The Lotto CHANCELLOR laid down the equ ity of this Court to be against this demurrer, since the de scription could not be so elaa as in the settlement, and the plaintiff; if successful on the trial of the eject ment, would ba entitled to t;:e possession of the deed, on application to the Court, upon further directions, without. the delay or expense of a supplemental or new Bill. His Lordship overruled the demurrers I COURT OF EXCHEQUER. NOVEMBER 1. THOMAS LOWTEN, ESQ. V. THE CORPORATION DV COLCHESTER. This was an issue directed by the Lord Chancel ' lor, and the question to be tried was, whether the Seals 'of the Corporation of Colchester had been duly and legally affixed to certain indentures of mortgage and other securities for £2OOO granted by the Corporationl 'of that Borough, to I'. Lnwten, of the Templet I The debt originated in Mr. Lowten's being profes sionally employed to defend the Corporation in a va riety of suits, some of them arising out of election contests, and others out of offices connected with the Boroughs The plaintiff was compelled to put his securities in force. He brought ad action in the Coutt of King's Bench, on a bond which had been given as a collateral assurance; and recovered £2600 damages. Immediately after this verdict the Corpo ration filed a Bill in CI-tatter:qv) invalidate Mr. Low ,ten's securities, on the ground that the seal bad been laffixed by the Select Body, acrd not by the Mayor, Aldermen, Assistants, Common Council, and Bur gesses at large. The proceedings occupied upwards of ten hours, when the Lord Chief Baron shortly summed up, and the Jury found, that the Common Seal of the Corpo ration had been duly and legally affixed to the sere , ral indentures and deeds mentioned in the issue. COURT OP KING'S BENCH, OCT. 31. DIXON v. NEVE. This was an action upon a Bill of Exchange, brought against the indorsee, in which parole evidence was endeavoured to be set up against the defendant's indorsement. Ihe bill was paid by the defendant to the plaintiff for goods, without the defendant's in. doraement ; and it was sworn on the part of the de fendant, that, upon the plaintiff's Making applications to the defendant to indorse his bill, it was represented to him, that he never should be called upon to pay ;it ; and that his indorsement was required only for negociating the bill the better. Lord EaLeNtioaouon left the case to the Jury, ►►pon the credit of witnesses, and they found a verdict for the plaintiff. COHEN Vs JONES: This was an action fur two Promissory Notes of upwards of £llOO, given by the defendant as a secu rity to, the plaintiff, Mrs. Cohen, for money which he had obtained of her to discount bills with. The defence was, that the plaintiff, in her answer to a bill in Chancery, had sworn,. that, for advances of £llBl. 17s 6d.to the defendant, she had received from him £1159. 15s. 9d. and other articles, not exceeding the value of £6O. This would turn the gal ►nce the other way and ft was quite Apparent from the connec tion of the answer, and from the facts of the case, that the sum of £1159. 15s. 9d. had been inserted in the blank left for the sum in the answer by a clerical mistake. The question did not arrive at this point, from the defendant's failure to prove that the answer had been examined with the original record; but Lard ELLEN BOROUGH said, that if it had, he should have taken the answer, errors excepted, and not have given it a sense which its context reprobated. In this case, Lord If.t.ceNtiottouott decided, notwithstanding two apparently contrary decisions of the Lord Chief Baron and Mr. Jttstice LawsteNcE, which were reported to his Lordship, that an examination of a copy of a re cord with the original, one person reading the original to another in aurani and the other correcting the copy from that reading, was net a good examination. H►s Lordship did not say that o:we must be two examina- L dons cross:ways ; bat the examiner m u st compare the' copy with the original, and actually see that what is , read to him is true ; otherwise, non coining but it may be an invention of the reader. A case was mentioned bey the ATTORNEV-GENERAL, ceris, ►n whieh, the late Mr. Seijiartt Wtaatams had innocently ob tained a 'verdict upon a mistaken readiag by a keeper I of an original record, in the copy of which the mistake has adopted. Lord ELLENBOROUGH in this case, also, objected to recognize a record in a public office as genuine, unless the roll appeared in its proper custody; and cautioned the keepers of such retards not to trust them oat of their hands.—Verdict for the plaintiff. NOVZMBER s. THE KING 11.•CHAPPEL: The ATTORNEY-GENERAL stated that this *as an indictment against the trtntk•maker, at the corner of .St. Paul's Church-yard, for refusing to serve the of- Ike of Constable of the Ward of Farringdon Within, to which he had been elected by the precinct of St. ' Faith, and appointed.by ithe General Wirdmote.— His objection to be sworn was, that he was a Mem. her of the Batten' Company. and was therefore, by several charters and letters•patent, exempt. The fact was, that the Barbers' and the Surgeons' were originally two companies, sod were afterwatds united with exemptions to not exceeding twelve of them to serve Ward and Parish Offices. 1.41 d Em.genoxodast.--The reason was, that :the r pub' c could not stay for Surgical assistance, but might go unshorn till the barber had executed his ward or ; parish office. Mr. MARRYAT, for the defendant, took a legal ob. lectiun to the indictment, inasmuch as an alleged de scription in it was not sustained by proof. The right of election io the offices was stated to reside in all per sons inhabiting and paying scot and bearing lot. Now the witness did not know (luny instance where a pau per was disallowed to vote. Lord ELLRNBOROUGII overruled the objection.— The common law disqualified every one in a state of pauperty. The House of Commons always disal lowed paupers to vote in its elections-- , and though in many of its later Acts the words a not being pau pers" occurred, that was ex abundanti. In this case, there was at least prima facie evidence to go to a Jury against the objection. Mr. MARRY-AT proceeded to state, that the indict- ' meat set forth an immemorial custom, to which it WAS essential that it should have existed fur more than 600 years, that is, from the days of Richard T. for so long was the legal memory of man held to go back. Now, he should shew that an Alderman was nos.. an immemorial officer ; and he should call upon the city to producs their charter, by which it would appear that they had not a Mayor within legal memory.— But the eustom was stated to have been, that the in habitants paying scot and bearing lot should elect some petstin to the office of Constable: Now, it had not been proved that such inhabitants did pay and bear scot and lot. Lord Eta.essonotmn—:Every inhabitant tfitAt be pi esuMeit Cu do so, if he is not a pauper. He is pre- • dicated to be an inhabitant tecindum subjectam materiam. Mr. MARRYAT then traced the history of the Bar bers' Company. In a statute of the Sd Henry VIII. ch. 11. their charter was first noticed : And whereas certain weavers had presumed to practice barber. surgery, it was enacted that no person should prac tice physic or surgery in London, except they had been examined before the Bishop of London or the 'Dean of StiiPauPs, and four practicers of their re 'spective professions. In the Bth year of the reign of Henry VIII; the surgeons were made a distinct body by the title of the Warden and Fellowship of thecraft and mystery 'of Surgeons, not passing in number twelve. By that statute, the Surgeons were expressly discharged from ward and parish officers; and the exemption was extended by a clause of the act to all barber surgeons, admitted according to the before• mentioned form, not exceeding in number twelve.— In the 3ld Henry VIII. ch. 42. was passed a statute entitled an Act for Barbers and Surgeons. It recited, that they were two distinct companies, the barber* ,incorporated by the charter of Edward IV. and that great benefit would arise from their being united into one—and it therefore, did unite them, and gave them amongst other privileges, the enjoyment of all liber ties, franchises, and free customs, which had been at any time given to both companies by acts of Par liament, letters-patent, or otherwise however. Under this statute, the Learned Counsel claimed his client's exemption. Lord ELLENHOROUGH said, that it was a different question whether the defendant might not claim to be examined before theßishop of London or Coe Lean of St. Paul's. The Act gave the united company ..everfgeneral privilege that both companies before had—but it could not enlarge what had been below communicated to only twelve, so as to make it a communication tOthe whole company, The Act of lUnion gave to the Barber a capacity of being one of the twelve ; and when he had become so, he had his exemption—but it never could mean to communicate to kive or six hunched what had always before been industriously confined to twelve. Sliew your client to have been an admitted Surgeon as one of the twelve. Mrs Mammal could not of course. : • • _ Lord:Eumssoaouon=Then, his claim of eaemp titat is beyond the reason and construction of the statutes Upon Mr. MARRYAT 9 SCaIIing upon the: Town-clerk to produce the City's charter of King John, it ap peared that • Mr. Woodthorpe had nut been sub panaed, nor had that notice which would have ena , bled him to apply for leave to produce it. Lorti.ELLEwoottouoir would not compel a public officer hastily to produce such a record: He should hate been subpoenaed. Mr. ATTORNYT GENERAL.—NOtiC , .• to produce to us would have been nothing. The City is not a party—Mr. Wocidthorpe should have had a subpoena duce tecubt. Lord ELLEBBOROLIGH had no doubt but it would turn out, that the City had immemorially been pre sided over by some officer answering to Mayor, whe ther under the title of Elder-man, or otherwise ; and that Aldermen were, in substance, equally immemo rial, if the city had always been divided into wards : but, at present, there was no evidence for the defen dant ; and ht was accordingly found—Guilty: NOVEMBER 4. THE KING W. PIUNCHON. This was an indictment against a bankrupt for per. jury, in an examination before his Commissioners ; but it not being possible to prove that the alleged plijury was put in writing, and the solicitor not being able to swear that the question was put to the defen dant, as stated in the record, he was immediately found Nut Guilty: LAY D. 000 D AND ATKINS, ISQRS. ' This was an action against the late Sherifftof ' Lops' . don and Middlesex, who had levied an execution i ids, the property of Mr. Cole, at the suit ofr Wilmot, the upholsterer, who had furnished them ; and upon which goods the plaintiff claimed a prior lien, by virtue of el bill of sale which Mr. Cole had executed to him. The wife of Mr. Cole, who him self was an usher at a boarding school at Kensington, bad fitted-up a house in Bedford-place as a lodging house ; and the plaintiff had recommended Mr. Cole to tradesmen, and hdd had bill transactions with him in paying those tradesmen. The defence was, that the bill of sale was vitiated, it having been procured y fraud:; and Mrs. Cole was called to prove, that the bill of sale was given under a promise from the plaintiff, that it should not be made use off; and that .11 Mr. Cole executed it without having read it : but I Lord Elleaborough could not receive this parole evi dence,-to contradict a deed under hand and seal; and .quoted the case of Meres v. Ansel], in Wilson,' in which parole evidence was refused, to prove, that a conveyance by deed of one close, meant, really to con -1' two closes. Recourse might be bad to a Bill is . . Chancery, and the plaintiff compelled to answer on his oath, as to the fraud. Here the plaintiff must take a verdict : damages, rE9O9. SCSI ROUDER V. VA • This was an action upon a policy of insurance out. the ship Success, from Archangel to Great. Britain, at a premium of seven guineas per cent. During the voyage it became necessary to take some part of t the cargo of wheat out of the vessel, and put it into light ers, where, after the loss of the vessel by sywnis; it was obliged to lie till it became of no value. The voyage was performed ander a licence, dateJ Fehru a . ary 17, 1810, to Stein, and other British merchants; and the licence had been extended in co-union with others, by an Order in Council, so as v.) cover the commencement of the present risk. Mr. Serjeant BEST, for the defendant, t an ob jection to the licence, wl.ich, although it might exempt the plaintiff's hostile character, could not dispense with the Navigation Act. The Captain of this yes. sel was a native of Hamburgh, and the owners of the vessel were Hamburghers. The Learned Serjeant was aware, that the Navigation Act had been relaxed by the subsequent Salutes of the 43 Geo. 111. c. 48 Gen. 111. c. 108. and 49 Geo. c. (i 0 ; but in every one of these Acts it was expressly declared, that the licence must specify the goods; which this licence to cover wheat did not. Lord ELenburough had laid it down, that if the risk began at any former period within the licence, it was enough ; and it had also been dec;ded, that the words " and others," extend ed to neutrals ; so that the Serjeant rested only upon this objection. Mr. GARROW;' for,:ihe plaintiff, apprehended ho had a clear answer is it; under one of tLe Orders in Council. The licencespoke of cargoes, such as by law, might be imported ; and he apprehended that the K;ng might, by his prerogative, swpend a seizure tie forfeiture ; and was proceeding to recite a Proclama tion, when Lord ELLEN BOROUGH interrupted him, to say, that there were so many Acts of Parliament on the sub ject, that he would reserve the point ; and the plain. [ tiff might take a verdict subject thereto As to pro clamations, his Lordship could know them only at they were produced ; as to them, he could only go secundunt ollegora ci prebaia. The King, however, c and not dispense with the provisions of an Act of Parlia ment, although he might forego his rigl t accruing its respect of war.. The King might make peace, or he might make war, or he might make mitigated war, or relieve the consequences of hostility. The question was, whether this licence interfered with the provi• sions of the Navigation Act? Mr. Serjeant Best produced, in order to prove, that this country was at war with Russia, a Gazette, con taining an order of reprisals. Mr. GA RROW did not know of this Gazette, in the late case in which this question occurred. Lord ELLENIDROLISH.—Nor am I bound to know of all prrclamations. It is quite enough to get all the Acts of Parliament in the statute book into one's head. It was; therefore, fnat the question the other day was suffered to go to a Jury. Mr. Serjeant Best also called a witness to prove the state of Hamburgh throughout the year 1810. There was a French garrison there ; but the city was suffered to display its own coat of arms, and was go. verned by the Senate of Hamhui gh. 1 Lord ELLINIOROVOH.—Then it seems there was . only a very considerable portion of French intrusioo. In answer to a qtrestion ftom a Jurym.n, the wire ness added, that the Senate of Hambutgh Collected ' the customs: Lord ELLetosoaouott.—The Civil and fiscal autho rities were therefore both in the city of Hailiburgh. ' Mr. GARROW desired, therefore, that that fact might be found for him. Thete was a mistake in the name of one of the Jury, men who tried the cause, the KING against WHITE instead of klooLesposc, it should have been RIGARI.II. NORD. - When the verdict of the Jury in the Insurance cause was lately given in Guildhall, fciunclid on their opinion that Russia was a neutral power, a Gentiws man observed that we had long acted as neutrals, facto, with Russia, notwithstanding het declaration of war and determined hostility against ns ; hut now, by this decision, it clearly appeared that we were at peace de Jury as well as Ile facto. Saturday as some W, rkmen Were clearing airay the rubbish adjoining a new building in Mount -street, Plymouth, they dug up a liuMan skull, wi h the bones of a leg and an arm. Conjecture has hitherto been unable to account for these relics being deposited in such a situation. A skull and some human bones were dug up about 12 months since, at no great dis. tance from this spot ; two persons, whose bo were never found, are stated to have been murdered • in that neighbourhood, within the last 30 *ears. Firtv.s.—Tuesday last, the realt-kiln belongirq to Mr. R. Stephenson, of Beverley, was discov -red to be on fire. From the situation of the building (being contiguous to several houses in a.principal street), it was apprehendecta dreadful conflagration would Niro platte, but, by the exertions of Captain Pepper, and his troop of 2d Dragoon Guards, and the arrival of the engines, the flames were got under viithout ma.; terial damage. A fire broke out on Thursday, about one o'clock, in the house of Mr. Maguire, rope-maker, Church. street, Dnblip, in consequence of some sparks having comMunicated to a quantity of hemp placed almost close to a chimney; The fixtures of the house were entirely destroyed ; great part of the goods however have been preserved, and we have heard that the property is .insured. The adjoining house of Mr. Adrien, tobacconist, which is likewise insured, has been very considerably damaged. By the prompt aid of the fire-engines further mischief was prevented, and the fire got under aboUt four o'clock. 'Three destructive fires occutred at and near Man chester, on Saturday se'nnight. At nine o'clock in the evening a fire broke out, and very soon consumed the stock, and the stove-house, belonging to the dye works of Mr. Collier, at Salford. The alarm had not subsided, when another fire was discovered in the stove-building of Mr. Blackwell Verdcn's dye-house, in Cannon-street ; and this building, with a large quantity of goods, fell a prey to the flames. Al s o, about one o'clock in the morning, Mr. Thackery's cotton-factory, at Wood End, neat Oldham, was re duced to ashes, and not a single article of machinery or any other property could be saved. I