Star. — London, England, 1807-06-20 00:00:00

fIAtITICAL INtEL iIGEiVCE. MAILS—Wind N. W. AIM DEM Alta. Ms. • o Toonkeen o o Litton o O 3 New York e o PLYMOUTH, JUNE a. Came in thia morning the Maria Jofephine French ketch, laden with timber and' one very large anchor, prize to the Poisons, of 4o guns; this is the 13th a dd, and the one that was expelled yefterday. It appears that the Pommy s fell in with 7o fail of French ae gals, under convoy of three armed brigs, bound from Breft to Nantt ; that one of the armed brigs, with feveral of the convoy, *ran athore, and that if the Poisons had had more boats, fhe might have captur. ed a much larger number : the whole amount of her captures were 14 faik—Came in the Loan NeLsors, Capt. PYcs, from Zante for London; Isis frigate, from Ireland.—Sailed the COCL&TLICI, of 14 guns, with villuallers, for the fleet off Rochefort; CAM/LIMN, of 14 guns, with villuallers and colliers, for the fleet off Breft; SCUM, of 14 guns, to join the fleet off Rochefort.—The ACHILLES, of 74 guns, Is gone up Hamoaae to refit. Dublin Waterford Gottiobluth PORTSMOUTH, JUNE '9. Arrived the Triore, Captain Calms row, bound to the Weft Indies, which fleet will fail the firft fair wind.—Wind N. W. DEAL, JUNE 19. Arrived the Houtio (loop from Plymouth, and BLAzvz gun brig, from a cruize off Oflend.—Sailed lel night the INDIGNANT gun brig, for Portfmouth, having under her convoy the Ranger tranfport, and PLersetyr HILL, hircd hoop, with a number of merchant veils. REMAIN 1H THE DOWNS. Princefs of Orange, Alfred, Trulty, blfpatsh, Fronds, Mn. tine, Stork, and Hound iloopl Fury and Eiplofioti bombs; Charger and Blazer gun brigs. FROM LLOYD'S LIST. Ca...vaguest, Jima 18.—Paffed by the Becky and Sophia and Riga Packet, Waterman, from Surinam : Rufus, Durney, r. from the River Plata : Mary Ann, Harris, and the Grenada, Ri• chardfon, from Demerara Venus, B arrac k , from Memel; Hen- rys, Wirer ; and Ruby, Wales, from Berhiee : Hope and An • ehor, Johnfon, from Portground : Sophia and Catharine, Drake, and the Emanuel, Peterfon, from Norway : alfo the Helena, Jo hannes, front Tonningen. ARRIVED. Off TOpfl33nl, the Nancy and Mary, Holman, from Lifbon— : At Liverpool. the Ariadne, ---' from Konigfberg; Alexander, Lane, from Virginia ; Alligator, Jenkins, from Savannah; Pan e • ft lina, and the Nanking, --, !from New York—At ) Hull, the Oly npus, Smith, from Zante—At Dublin, the Bryan. Richards; and the Queen Charlotte, Yearn, from Antigua ; tannia, Nixon, from St. Vincent's; Hibernia, Hayes, from Tor tola ; Minerva, Pearfon ; Friendfhip, Humber; Sykes, Harrtfon, Fame, Cook ; Henry, Bruife ; and the Brother., Evans, from ' :1.7 Memel: Sufannah, Collins, from New York; Sovereign, —, ,f from St. Vincent's ; Sarah, Wallace, and the Neptune, Strachan, I from Norway. • The Indultry, of Hythe, Sailk matter, has been taken, retaken, ." and carried Into Dover. - - - - - - el The Jane and Elisabeth, Riling, from Tobago for Norfolk, has foundered at lea—. Crew raved. 1 , The Lord Nelfon, Pv xa, arrived at Plymouth, from '' Zante ; parted from the fleet in a gale, loon after ,',i leaving Gibraltar. Several others parted at the fame :,..,.. time. 1 ; The lavrectaca, of 74 guns, will be launched in ...,; about ten days from Woolwich Dock yard. I! , :7 The Conyerra, a new floop of war, is to be fitted • -.:•4 for immediate fervice at Chatham. . , ~,: s4 Captain Goinos is appointed to command the - I MERCURY frigate at Portfmoutb. d ;.4a. On Tuefday lafl, a failing match took place at •t!" Swanfea ;—Eleven boats farted to fail round a boat '., t,t moored off the Mumbles, and return to Swanfea, the 0. three firfi to be the winners of the refpative prizes, '7 0, .. The day being remarkably fine, and a heft breeze t .4 blowing, promifed great amufement to the fpedators. 1..:-. but unfortunately a boat belonging to Capt. Rona ars, : r ~ in which were eleven perfons, who went to witnefs r, ‘i, the manoeuvring, owing to bad management, was upfet, by which fevers perfons were loft. . • -*, Mr. CHARLES STURT, whole adventures have ge 1-- • nerally taken an adverfe turn, it is Paid, has recently ' :experienced an additional misfortune. While con `fined with the reit of his captive countrymen at Vet :dun, he turned his mind, which was always inclined a' to nautical difquifitions, to a minute inquiry into the Bate and ftrength cf the French coati , ports, &c. and 'having acquired a very full and fatisfatkory informa 'ltion thereon, he wrote a detailed account of it, and ,-.., addrefled it to a Naval Lord in England, in hopes . ei that his country might profit by his refearches. Un- T ' ••fortunately the difpatch was intercepted, and Mr. 1,. ; STURT was in confequence immediately apprehend. -- Led, and, after a short examination, was marched in .;';•trons to the fortrefs of Bitch, in Alface, where he ~., 'was confined, and fill continues in a dungeon, fleep ing ~ upon thaw, having permiffion to attend to the :. "'hatt!eatots of the fortrefs, for air, only one hour in aday! • BRITISH Issmurtox.—Our minor profeffors in ' ; the Fine Arts have been fortunately relieved from an embarraiment that heated to defeat, or at leaf ;confiderably retard, their progrefs to celebrity. Se veral of the Britifh Artifts, more advanced in life, had experienced the benefits of travel, and fludied the works of the ancient mailers in the countries that gave them birth; but the modern iltilla had fwept the repolitories of It,. f and the Continent of all the choiceft monuments of former genius, and, thereby, deprived our youth of thole effeutial advantages that can only be derived from the contemplation of truth and nature.—This unavoidable interruption to the advancement of the Fine Arts in Great Blitain, did not efcape the attention of the Direeors of this In ftitution, who have adopted the plan of devoting their Gallery during the Summer and Autumn, for 'the (Ludy of thole works of the great mailers which may be lent to the Gallery for that purpofe.—Thus, ' by one aft, bath this patriotic Inflitution reicued our afpiting youth from an embArraffment that chil led the ardour of their genius, and, at the fame time, defeated the machinations of an inexorable ufurper, whofe rapacity and ambition fhould be faithfully re. corded as a negative example to future generations. SPORTING PirßLuGEkts. . BIBURY RACES (tottct„Onan)...THURSDAY, JUNE 18. H. R. H. the Prince of Wales's Barbaro& &saint Mr. Walk's Stavely, ssft each, foot miles, soots h R. Barbaroffa walked over. Mr Whiles Czar Petet, tsf ligft Mr Howarth's itortthire i Toft 741 b. four miles, soots h R. Yorkibire Walked over. Mr Melliibiiiorval --- ; sift beat P. P. Bentinek's Optlettn, IA ylb. the Old Mile, sags. Mr Blackford's Pic Nic, rode by the Owner, aft 71b. beat Mr Gratne's Harry Gray, 9ft 61b. the New Mile, ssgs. Mr Worrall's Timekeeper, toe 21b. beat Mr Elton's Stapleton, 9R. two miles, jogs. The Barrington Stakes of sigs rah. sop ft.—Two Miles. Four Subfcribers. • Sir H. Lippincott's harror,6yrs z tit 91b • I Mr Melliih's Norval, aged, t zit 91b - s Fifty Pounds—Heats,the:New Mile. Mr Biggs's Baffanio,s yrs soft 91b t y II z Sir J. Hawkins's Laura, aged, soft 6lb a 1 4 a Colonel Kingfrote's Pigeon, jyrs 91t tolb 5 I 3 Mr Douglas's Bocephalus, j yr s z sit 91b , 6 s Mr Goddard's Mountaineer, s yrs old, sift 41b 7 4 4 Sir H. Lippincott's Plot.ghboy, 4 yrs old, soft 4lb 8 8 5 Mr B Price's Malmlbury,s yrs old, zoft 91b to zo 6 Mr Worrall's Timekeeper, syrs old, loft 41b 6 9 7 Mr Blackford'a Pic Nie, aged, aft 91b • 4 2 dr Ld Saltville 's Graff ham, 4 yrs old, 9ft jib 3 3 dr 1 NEWTON RACES, JUNE zo. Fifty Pounds for all ages. Four-mile heats. No Race. Mr S. Leigh's c by Mr Teazle, beat Mr Benfon's b f by An tins' 7R esch,two miles 000 gs. The Gold Cup of wogs value,. Subfcription of togs eaeb, for all am. Four miles. (t 3 Subferibers). Mr C. C.hoimondelcy's br h Y. Chariot, 6yrs lift taib a Mr Ackert'. Attu, 47rs 7ft scib s Duke of Hamilton's SunderlAnd, 5 yrs ilft sib 3 Sir M. M. Sykes's Sir Sacripant, 4 yrs 7ft 'nib • 4 Mr Carr's b c by Hambletonian, 3yrs 611 alb - s THUISDAY. Fifty Pound* given by Gen. Heron fbr 3 and 4yr olds—Two Mile beats. Mr AftlWA eh g Newton, 4 yrs Duke of Hamilton's b e by Hambletonian, 3 yrs Mr At kiofon's b e by Marlke, 3 yrs • I I 3 2 2 3 FRIDAY. Fifty Pounds given by Mr Ethekburn for all ages, 4 mile heats. Mr Carr's Welch Harp, 5 yrs . a a Mr Atkinfon's be by Marfke, 3 yrs . $ 1 Sweepftakes of tcgs each, with cogs added for all ages, 4 miles. Mr Morris's br h Sir Sampfon, 4 yrs, walked ova. SATURDAY. Fifty Pours& for the beaten Horfes, 4 mile heats: D. of Hamilton's bc by beniagbrough, 3 yrs 6h alb • 2 z 1 Mr Ackers's Sunderland, s yrs Bft Sib - r 2 2 Sir M. M. Sykts's Sir Sactipant, 4 yrs 71t rolb 3 dr During the week, a Main of Cocks was friught for top a bat tle, and 200 the main, between the Earl of Derby and Richard Leigh, Efq. and wen by the latter thirteen a bead. The Corporation of London have voted the fum of cool. to the unfortunate falterers by 'he late fire at Chudleigh in Devon hire. Copy of a Lctter from an kilh Dancing-Mailer, W a perfon who owed him fome money Sit-a-Yoh ate not to capes& that I will daserattendanee from day to day at your honk. You have hat time long enough with apologies; but I am now refs:lived to take properfrp in this affair, for you fhan't jig me out of my money ; and , if pan compel me to have mosaic to law, remember you'll pay the piper. 6 ' Your's, &c. 1. LIGUT TOOT." BULL BAITING, &c.—The Amateurs cf the Fine Arts were molt amply gratified on Thurfday, on a Common near Hendon, by baiting of a game bull. Nearly fifty dogs were let loofe. The bull, however, beat them all as quietly as if he had been only tingly combated. The dogs were of the belt and highett blood, neither were they very poorly feconded, for Lord DURSLEY and the Hon. BERKELEY CRAVEN each run theis dogs themfelves at the bull. Lord YARMOUTH, Sir H. PEYTON, Hon. MASSEY DAWSON, General GRAHAM, 808 ALLEN, and a numerous lilt of the Young Bloods of the Day, graced this feftival, fo much the pride of the lower dafs. _ _ The Heron of the Fiji, both Jews and Gentiles, were in great plenty ; and having been indulged at the conclufiln of the ha public fight with a bull bait, they now (corned to be "outdone in couriefj,," and Coon hocked up a fight between two Heroes; one known as an old one, the other as gad a dandy ; in which, as there was no fcience, there was little pleafure to the Amateurs. A very fair made athletic Bargeman happening to fay in the hearing of jac4lim, that he could beat any man on the ground, cab very drily interrogated whether he would fight any man? and having replied in the affirmative, Richmond, the black, fet to with him for a purfe of ten Guineas, collated from the Gentlemen prefent ; and nearly beat the Bargeman to death in about half an hour, leaving him as an example and proof, that (kill will beat ftrength or flue ; or, in other w-Ids, that the fcience of pugi lifm is proof againft the attacks of every ruffian pretender. The day's (port concluded by a match being made between Dutch Sant and Tom Belcher, for a Hundred Guineas, to be fought in five weeks; which, for (kill and bottom, will not be inferior to' any in the annals of pngilifm. Tom Gulley is alto to fight a very large man in about a month. The name of the new man is Gregfon : he is fix feet one inch high, and ftrOng in proportion, and has as yet never been beaten. Finch and goner, the two men who were apprehen ded in the Commercial Road,are both. we underfland, returned from tranfpo►tatson. Previous to Finch's firing at the Officers, who only knew that he was in the houfe, he faid to Jones, who did not poffefs that daring fpisit which he did— " Now, d—n your eyes, as yea can't fight, can you run away ?" But his alarm was fo great, that he could fly to no other place for refuge than the chimney. Finch fired a confiderable number of times at the Officers ; and had he been fupported there is every reafon to believe he would not have been fecured; for the Officers found five piflols, half a peck of balls, and a great quantity of powder. After having fired as long as he thought proper, he threw up the win dow, and faid to the Officers, " Now do you ceafe firing, and I'll furrender my cattle:" he then jumped out of the window, which was not a great' way from the ground. When atked what induced him to fire at the Offi cers, he faid—" I know I fhall be hanged, and there fore it makes little difference to me what for:" It was not till after he had furrendered, and the Officers came to fearch the bottle, that they knew Jones was there : the latter immediately delivered himfelf up. Finch and Jones, and Chadwick and Bryant (the two men fiat taken up) are loon to undergo an exa mination at Whitechapel office. LAW INTELLIGENCE. COURT OP EXCHEQUER, JUNE iB. tlil ICING V. JAMES DUNN. This was an information on behalf of our Save reign Lord the King, againft the defendant and others, for fmuggling divers goods, fuch as tobacco, pepper, fpirits, &c. from a (hip called the Heave, off the coaft of Kent, near Margate. This fhip was firft teen about five miles from the (bore, on the tytth September, iBo6, and two or three days after, about the fame fpot ; the was alfo leen lying•to on the sth of Odober, nearer the Chore, and when boarded, was found quite unladen ; there was evi• deuce very iagenioully made out, of the tobacco having been lately taken out of her, by the fmell thereof remaining Rrong under deck ; as alto of the pepper and fpirits ; and it teemed, from the ap pearance of the ballet, that the lading had been bat very recently taken out. On approaching the veal, piftols were prefenred at the Revenue Offi cers, with a menace that the brains of the WU man attempting to board her fhould be blown out; bat the firft wieners, the mate of the B.s sea revenue cutter, which made the capture, Paid he would encounter the fire of the pi Rol, and immediately boarded the Heave. No fire paired, but fame of the crew exultingly cried our,' we have juft difhed you, for the goods are all lauded," which turned out to be the fad. The keen fcented officers were not, however, difcomfited by this difappointment, but fct about a diligent (earch for the fpot on &ore whereon the goods were landed, which they very quickly difcovered, by perceiving the mark of the launch's keel on the land between the marks of high and low water, which mark would be effaced by the tide, if the goods had been landed more than a few hours. Captain Matthews, of the cutter, went in one diredion while others proceeded in a dif ferent diredion on (pore, to fearch for the goods, and he found a quantity of the tobacco and pepper. On the following day the fon of Dunntold one of the Of- ficers, on hearing the fuccefs of the fearch, that all the dry goods on board the Heave had been found by the Revenue Officers, and Paid he had in his pocket Sol. to pay to the Steward of the cut ter, if the goods could be obtained clear from the feizure. This de claration coming not from Dunn himfelf, did not ma• terially affed him, as he was not feen perfonally by any of the Officers. The cafe, on behalf of the Crown, being thus far eftablifhed, by this kind of fecondary evidence, the Defendant found it expedient to confent to have the caufe fettled by arbitration. There were above thirty other informations tried, without the flighteft intereft whatfoever, as in every one of them the Defendants refpeelively fubmitted to a verdid for the Crown for given fume and recur hies. COURT OF CHANCERY, JUNE :9. EIFORt HIS HONOUR THIL SIAITIR OF THZ ROLLS. H urns,' w. Hoots I s.—This was a bill filed againft the Affignees of the Defendant, an lafolventDebtor, who, in I Sot, had taken the benefit of the An then ' patted for the relief of debtors. refpeaing the liberty of their perfons. It happened that the Defendant ' had a brother then living in Ireland, who fince died, leaving confiderable property to the Defendant by his will. The queltion for the Court was, whether the future effeas of the infolvent were liable to the claims of his creditors under that at It appears, that the 3d feetion of that at did not extend to future ac quired property. unlefs it could be made fo to extend to loch future acquired property by reference to pre vious MU of Infolvency ; this Aa having been cu riously worded, as his Honour obferved, and being analagous to the Lords' AEI only, although in general fuch Ads had made mention of future property. It was contended, on one fide, that this was a cafe like that decided by Lord Hardwicke, in which he held, that the Creditors of a Bankrupt, under his firft Bankruptcy, should not be admitted to claim their debts under a fecond aft of Bankruptcy, which took place t 8 years after the firft Bankruptcy. on the ground that the Affignees had tottered the Bankrupt fo long to trade, and to acquire a fortune. On the other hand, it was argued, that no loch !ache: coined in this cafe, as the Infolvent was in pri• fon in London, in tEto 1, and had only glace that period acquired a property by the death of a relative. The Creditors are anxious to be let into an ac count of the property lately acquired, and to be paid their demands, but the Al of Parliament being in that refpea defeaive, a great difficulty thence mires Mr. Ric is ARDS obtained leave to renew the butinefs to-morrow, after he (liquid read the Mt more clofely. HUNT V. SIR JOSEPH ANDREWS. In this cafe, Mrs. Hunt, and her hufband, Mr. Charles Henry Hunt, filed their bill againtt the defen dant, Sir Jofeph Andrews, and others, Trances under their marriage.fettlement, dated in 1791, by which, in confederation of a turn of 60001. to the hufband, in hand, paid, he covenanted to fettle certain lands, in titia fettlement, to his own ufe for life, in the firll place, and next, to the ufe of his wife, for life, with. out providing for, or mentioning any thing about their expelled Ate; the hatband refervedtohimfelf the power of revoking this firtt fettlement, and fettling other lands, which he has fince purchafed ; the wife contented to accept 30001. in lieu of the provifion the had under the firlt fettlement ; the hufband pur. chafed land, and borrowed of Meffrs. Devaynes and Co. a fum of 25001. which wasfecured by a mortgage on the wife's property. The Bill prayed, that the ' mortgage fhould be releafed, on the ground, that the property was for the tole and feparate ufe of the wife, independent of her coverture, and not fubjee to her hufband's liens or contracts; and on the fame grounds it was prayed, and granted, by motion, that the should be feparately examined, contrary to the commonly received notion, that a wife cannot be examined for or againa the rights of her hufband, in a civil Nit, nor in criminal faits, except for high treafon. The hufband has failed, and the mode of examining the wife in this cafe is by a commitGon, to be executed in the county where the is ; but no decree could be granted for her examination, as no examination of hers appeared before the Court, nor Any writing under her hand, anthorifing her Trullees to fell or mortgage the lands which were fettl:d to her ate for life. His Honour limed, that this matte: Idled en irely on the fa& of the 2,5001. being her foie and feparate property, in which cafe the was competent to pr the tranfadtione.—Motion granted. COONS OF COMMON PLEAS, JUNE'S. PATOIS V. LISTO4. This ans s an action brought by the Plaintiff', an attorney, to recover from *Defendant, a gentleman in Somerfetfttire, his pioportion of the expencerf Co liciting in Parliament a bill to inclofe a common, of which he, along with others, was partly proprietor. The original petition to Parliament was figned by all the parties concerned, andthe Defendant, among ft the. reft, fo far back as ,Boz, but the bill itfelf was loft. The Defendant did not conceive that he had rendered himfelf liable to any perfonal expellees by his figna ture, but that it was to he defrayed by the Pale of part of the commonable lands. Another Bill was propofed to be prefented, two years afterwards, but to that he never gave his confent. It appeared that there were in all thirty rights to the common, that Mr. Payne himfelf was p. affect f fourteen of them, and had recovered the proportion of expenfes for twelve other fhares, at 161. each, but had never, till now, brought forward his claim againft Mr. Litton. The LEARNED JUDGE was of opinion, that. the fig nature to a petition to Parliament, rendered the per. Con fo fig:ling it liable to a propottion of the expenfe. Verdia for the Plaintiff, sot. SPARROW O. SMITH. This was an altion to recover the fum of 31. ti. dut to the Plaintiff, who kept a public.houfe in King. fireet, Wellminfier, by a Captain Smith, for lodging and entertainment to five foldiers, for nearly three weck4.—No defence bting made, a vcrdiet was given for the Plaintiff. anss v. POIDVINE. This was an aetion for an affault and falle im prifonment. The Plaintiff was a young man, a clerk to a Mr. Steventen, an attorney, and the De fendant a tailor, in Mortimerßreet, Cavendifh-fquare. A lady, of the name of Dennet, owed fome money to the Defendant, and being in embarraffed circum fiances, (he employed this young attorney to endea vour to prevail upon her creditor to indulge her, by lowering hia demand, and put an end to a difpute which exißed between them. In compliance with his duty to his fair Client, Mr. Role proceeded to the houfe of the Defendant, on the evening of the 9th of March laR, accompanied by a gentleman of the name of Humphries, an auctioneer; and, upon reprefenting the lady's incapacity to pay, and Rating that, under all exitting circumftances, he thought he (Mr. Poid vine) (hould not be fo hard, fome high words caned, the tailor grew very choleric, and proceeded to collar Mr. Rcfe, and to put bim out of his houfe. Mr. Humphries, the perfon who had accompanied Rofe, Rated, that he was within hearing of the parties, during their whole conterfation, and that the Plain tiff never gave any provocation to occafi-n this out rage ; that Mr. Poidvine, not fatisfied with having turned them both out of his houfe, came out, when they were (Landing on the pavement, and gave Role in charge to a Watchman, who carried him to the Watch•heufe : but the Conftable of the night, per ceiving no caufe for fuch imprifonment, releafed the Plaintiff, after half an hour's inveftigation. The conftable and watchman corroborated this teßimony ; but four other witnefFes coincided in de- poling, that various provoking expreffions paffed on the part of the plaintiff, at the ti ne of the affault, fuch as calling the defendant, in the pretence of his wife and family, " a fcaly humbug, who had bilked the lady, and was afterwards Cuing her for a debt." When the defendant endeavoured to put him our, Rofe laid'" What, (hall I be turned out by a fnip— the ninth part of a man l"—And, on their way to the watch-houfe, he threatened to give the tailor a beating. On being afked to give his addrefs, he gave the card of Mr. Steventen, his matter, and afterwards Rated to a whites, that the tailor would be bringing an aelion againft Steventen, which would fubjeet Poidvine to Sol. damages. Under thefe circumßan.res, the Jury found a Ver di& for the defendant. JUNI 19.....TH0P41130N O. PARISH. This was an a&ion upon a Policy of Infurance upon goods (hipped by Meffrs. Thompfon and Co. wine merchants, in Oporto, on board the Admiral Nelfon, bound from that port to London. This cattle was formerly tried, and a verdiet riven in favour of the Plaintiff, againit the Underwriters ; but as it was one which was likely to affesft a great many Policies upon the fame Chip, and was therefore of confiderable importance to the various Under writers concerned, a new trial was obtained, upon the footing that additional evidence could be pro cured by examination of the feamen abroad. The aelion was only for the turn of. 911. Some of the Underwriters being convinced that no impropriety of cnnduet had exifted on the part of the Captain and Owners, had acquicfced in the jullice of the claims brought againfl them. Others, however, alledged, that the [hip was not feaworthy when the fet tail, the having fptung a leak loon after the had gone out of port, in the year 1803, while under the convoy of 'Aigle frigate. JACOBS V. SAUNDERS. This was an ration to recover the value of a 301. Bank of England Note, paid by the plaintiff to the defendant, in part, for a quantity of dry falmon, to the amount of 701. purchafed of him, no part of which bad been delivered; the defendant having refufed to repay the 301. on a plea that he had been refufed payment of the Note at the Bank of England, in confequence of directions left there to flop the Note, if offered, as it had been Rohn in July la*, from a Mr. Weir, in palling through Cocktpur-ftreet. On the pact of the defendant, there fads were ad mitted : but Mr. Serjeant SHMARD argued, that as the defendant had received no value for the Note, and as it was flopped at the Bank, as a Note that had been Role°. it was neither jut nor legal that he fhould be at the lofs ; and whatever right of adios the plaintiff might have again* the Bank of Eng land. or again* the perfon from whom he had taken the Note, he could have none again* the defendant. In this opinion Sir jamas MANSFIILD agreed, and was of opinion the Bank of England had no legal right to refufe the payment of their own Notes ; nor was it their province to detain them from the 'salons offering them for payment. Such a right, on their parts, would tend to oberuit materially the commer cial intercourfe of the country, when the Notes of the Bank of England were to univerfally fubtlitnted for calls : and how was every man bound to know, or in every cafe to inquire, whether thole Notes, puffing to him in the fair and ordinary comic of his bafinefs, we c or were not honetlly come by It was his Lordihip's opinion. that an Retina would lie again* the Bank. The lay found a verdict for the deign Lint. I ;,r. left :ft. 'ye rag of 41.