Star. — London, England, 1807-11-07 00:00:00

W'' - IFErmorrni, Nolr.' • r On Monday the three c ompanies . of Way giullth Volunteers 'had a grand field day, and in the afternoon praeifed firing with hag 'tar tridge4. From the very (battered Rate of thektargeta (orbit!' were borne home in tririmph), they appear to have , many excellent riflemen in their refpeOive companies. Much praife is doe to Captains Fusin, Bowie,' and Woof), for their attention to this part of the volunteer dilcipline, exciting a fpirit of emulation in their refpeaire companies, that races the highefi credit on koth Officers and Privates. The weather proved very inaufpicions towards the evening, and the corps got a complete faking exter nally by the rain ; after which the Officers rewarded their Men, by (baking them internally with good old Engin firong beer, and difiributing the prizes to the Bull's Eye Heroes ! . The Officers, with a party of Gentlemen, regaled themfelves, when many loyal and conflitutional toafts and tongs were given, and the evening was (pent in the greatell conviviality. We lave had feveral firong gales during the 'aft week from the N. W. and S. W. and the roofs of Many !inures in the vicinity of this town were com pletely (tripped, by the fquall of Tuefday morning blowing quite a hurricane : fortunately, it was from the N. W. point. which (hawed the (hipping in our Bay ; and we have heard of no accident among them. His Majeßy'sthip UNICORN, Captain HARDY bum, arrived' at Portfmouth yellerday, from South Ame. rice, having on board Brigadier General the Hon. W. LUISLIT. and Captain ROCHE, of the 17th Dra goons, his Aid-de-Camp. She parted company in a heavy gale on the, toth Cklober, off the Weltern Hands, with the THISBE and a convoy of 16 fail of tranfports, with soon troops on board. • General Wortstoca was to embark in the MI. DULA, and did not, it is raid, intend to remain till the goal evacuation. His regiment, the Both, had left Monte Video for the Eatt Indies. -Thol.lNicaes has been 85 days on her Nage. Thurfday the children niche Royal Naval Afyluon were removed from Paddington Green in two long coac h e s, bearing two Englifh Jacks, to Pelham Houfe, Greenwich Park. The number of children Was only 39, though at prefent they have accommo dations for feventy, and when the additions are com pleted, the premifes are caloulated to make provifion for one thoufand children. We cannot but congra tulite oor Country, and the Navy in particular, upon This additional mark of regard to the memory of the brave (cameo who have fo glotioufly fallen in their iduntry's caufer As Sir JOHN LADS was driving a pair of young both' on Thin fday, they took fright in Hendon, and lan away.' Sir John was taken up very badly hurt ; when the carriage had gone over him, the horfes kept running on with the carriage near three miles before they Were (topped. Lail night, aboUt eleven o'clock, a fire broke out in A !Inure occupied by a tidier adjoining the Philan tropic Society. in St: George's Fields, which entirely confirmed the fame and torafiderably damaged the houfe adjoining. The following are further particulars of the fire 'ohich happened in Bolt-court on Thurfday evening: It began at about half after eleven o'clock, and ins difcovercl in a ware-room helouging to Mr. BattsLey, of Bolt•court, Fleet Rreet, printer. From the ctnfined filtration in which the premifes flood, the engines had not that ready accef, to the fire which they Might have had were it to have occurred in a more open place ; but, as it was, they. played with a good fupply of water to filch drat that in lefs than 4.1 hour the fury of the flames was coufiderably abated, and before two o'clock it was entirely rub s:hied, with the exception of that fort of fmothiring fire which might naturally he exported where an immenfe body of clady packed up paper .had been on, fire. By that time the infide of the warehoufe was almoft completely defiroyed ; Irk by the (kill and indußry of the firemen, there was not any material damage done to any of the adjoining premifes. Mr. Prime, and family happened to be in the Country at the tithe ; but it is not true, as has been Rated, that on that account there was the lean difficulty in finding the keys, or getting at ifie property that was in danger. And we are happy to (late that it is alfo untrue, that the whole of Mr. BENSLEY'S extenfivt preMifes were defirnyedhe has lately removed his printing materials from his former offite, which ad joins his dwelling houfe in the fame court, to a newly eratly building on the oppolite fide of the way'; and neither the dwelling ht ufe, the old printing office, or the new one (into which the workmen had entered about three weeks ago). received the Wendt injury; to that it is a comfortable reflation that none of the materials were deilroyed, except IWO. or three fonts of letter that 'happened to be unerapidyed at the time, and oat a man is by the accident thrown Out of bread. —The utmoß exertion was yesterday dude by thofe Mho condeded Mr. Bassi.sv's bufinelk to fare whit property they could, injured and not jointed, without difiinaion. But, though frame tboufand valuable capies were Caved from the ravages of the dab - naive element, the greater part of them were, . 'however paradoxical it may appear, deflroyed by the very aft of refeuing them from thai' (pales of de &loftier& The water and the dirt which was walled ohms with it front the upper part of the houfe down . ce thobboks, have Rained, disfigured and torn fothe to filch a degree as to render them unfit for fele.— Atoong the number, the public, as well as the indi viduals who are immediately interefled, have to re gret theipfs of a beautiful edithre of the Life of the Immortal Nelfon, which has been Come time announ Ceti to be is the ;Refs. A fplendid qualm edition of lmfon's Seah os is entirely deltroyed—and of is beantiful work, the Antiquities of Weßmin ' all the (obit: ibers' copies of which had been, ed) about yoo copies which remained foi fate, at fix guineas each, have been Co much ;ed round the edges that it is apprehended the part of them o ill be loft to the ingenious an- A fine edition cf Juvenal is alto luppoled to 'cry nearly deflroyed or rendered unfalable.— : were many other highly beautiful and moil ark works which, however, have been fared, the circtimllance of their having been removed the lift fortnight into thole premifes which Coped the flames. The 3d. London aad kraal Volunteers attended upon the occafion. . . LAW INTELLIGENCE. FRIDAY, NOVEMBER 6. . ,• This being the fira day of Michaelmas Term, the judges brealrfaned with the Lord Chancellor as ufnAl, and afterwards proceeded in Rate to their re• fpeaive Courts. I ; smith - 4 t (a , deliver e c t ti•tmagr • greater ▪ Our. 1. be iir3 I- There re vatuabl ▪ - from th .tritlritt - ercaped other N couRT OF CHANCERY. The LAD CH eu c taxa took his feat on the Bench, accompanied by the MASTER of Till R 0.1.6. 39 and MASTIIILS IN CHANCERY, in their drefs-robes. After going through the ulnal formalities, the Mailer . of the Rolls, and Mailers in Chancery retired, and Ms Lordthip proceeded to bufmefs. SARAH HOL,L4ND V. JAMES [IMO. This was a motion for plaintiff to give fecnrity for payment of colts, before defendant filed his anfwer, on the ground that plaintiff was in low ciramllantes; was a maid fervant ; mid not be found ; that every inquiry had been made to that purpofe, but without effe&; that her folicitor, her father, and her mother had declared tkey did not know where the was, but believed the was in lervice fomewhere in this town that it was a bill brought againfi a law and cultorn of a manor ; that the quellion bad been decided, in three different caufes, in favour of the defendant, and the laff caufe was diimiffed with cogs; that on this prefent caufe coming to due, it would meet with the fame fate• Lord ELDOW thought the motion improper, and difmiffed it. CONTEMPT OF COURT. WHITELOCC V. SYD&NHAM, EiCC• Mr. HART moved, that the Printer and Publifher of a Monday Weekly Newfpaper, entitled, The Legal Regitter," &c. fhould Rand committed to the Fleet for a Contempt of Court, in mifreprefenting the proceedings in this cafe. The Learned Connie' , went into a hittory of the proceedings from the time when the bill was originally flied. It had been brought into Court feveral years fence, and the plain. tiff had been allowed to amend his bill. He claimed, as the reprefeniative of au ancient family, a number of valuable Oates in the ooffdlion of Mr. Sydenham, Mr. Linnet, Sir Philip Haile , , &c. and the bill, as amended, prayed f"r a difcovery and inlpedion of the defendant's titles to their Ames. At the requeft of the plaintiff himfelf, a cum:ninon had been granted to two gentlemen in the country, to take the depelitions of perfons in the neighbourhood where the plaintiff, his father, and relatives had lived, as to his real name, and his relationfitip to the family of which be alledged himfelf to be the reprefentative.— Evidence was acc.ndingly taken under this cnmmif fion, and was reported to his Lordihip. In March tall, an application was made for having the evi dence taken under this commiffion fuppreired, on the ground of its having been corruptly influenced ; and that the very witneffes whole depolitions were there given, had fence made voluntary depofitions, cot reding• what they had f , rmerly Paid amifs. This application, as might reafonably have been expeded, , his Lordftrip refuted to entertain. The motion was difpufed of, as already mentioned, in the month of March ; and at fo great a dittanee of time as the 26tb of Odober, the repot t of it, to which he fhould have occafion to call his Lordfhip's attention, appeared in a Weekly Newlpaper, called The Legal Regifter." Lord Hardwicke laid down Contempt of Court to be threefold.—Firtt, Scandalifing the. Court itfelf.— Second, Abufing the parties.—Third, Prejudicing mankind againit perfons before their caufe came to be heard. The Learned Counfel was of opinion the prefent cafe partook of each and every one of thefe diftind fpecies of contempt. The Court had been fcandalifed; the defendants bad been grofsly Aided; and, while the caufe was (till in dependence, a grofs mifreprefentation of the fads of the cafe, by which mankind, at leaft all who perufed the Paper in quel tion, mutt have been prejudiced, were here exhibited all in one. After a mono, the allufion of which to the cafe in queßion the Learned. Counfel could not ditecoVer, the Paper in queftion went on, in the very fir ft coitirraf of it, to detail the particulars of the mo tion, Rating it to be one which had lately come be fore the Court. Having . (tared the °bled of the ' motion, which Was In obtain a new commitlion, and to have the commiflioneis fubjeded in the coils of the former one, the report toes on in thefe terms: " 'There never allied in this country a more grange execution' of a commiffion than that which formed the fubjedt matter of this motion, and, of courfe, the motion was as peculiar and uncommon is the cafe was wonderful and ertraorarnary There commit. Goners have returned to the Court of Chancery the depofitions of twenty-one witneffes, by twenty nf which, it appeared, that the Plaintiff's mine was W illiam Widlake, by general reputation, and not William Whitlock (which he was to bare proved hinskif to De, in order to the'attainment of the immenfe castes which he claims to be heir to in the counties of Somerfet and Devon and affo in London, Surrey and Wales, as heir in tail Male, and h eft in general to Chariton Whitlock, Efq. formerly of the Middle Tem pk, &Ceded, and of ail chemists , branches and trefeendants oft*, great and opulent family). " How there Comm:Mona, could have fent up to the Coot of Chancery fuels evidence, again& the univerfaL knowledge and concurrent tefilmony of thoufands of the inhabitants of the watt tracks of land juftly claimed by the Plaintiff Mr. Whitlock, is not eahly to be reconciled to human kale se• common reafim." This; the Learned Counfel contended, it was im. poffibfe - net to conftrne into a dire& a:rack upon the CoMmiffiunere who bad aged under the authority of the Court. Left a poffibility - of doubt, however, Ihnuld exift. on this head, that doubt was eoluitiletely put an end to by the futceeding paragraph in the repent in queftion " 1 he magnitude, however, of the objet, together with the 'great wealth, power, and Witte:Sec of the precast occupants of thee great efiattll fIA quitters, ass Oppaed to the Plaintdr, who Cues is foists famteris: The Learned Counfel conceived this to be not only a confitmation of the improper Motive attri buted to the Commiffieners, if any fuch could be re war ed, but even to amount to a dired charge againft the defendants, as if they ; by their inperior wealth, hactattempted to ii,fluence the tortilla of the Cum manners. In fucceedit , parts of the report,' liAlapg every part of the Plain . i cafe as proved, or rather putting a cafe for him, the Plaintiff's father is Rated to have been &awn of one of the many churches on . his parental elates ; the dep ofi tions of the witneffes, under the commiffion are laid to be depofitions im pored to them : and it. is in conclufion Rated, as ar reflection againit the Court, that, from the novelty n( the motion, and the .want of the neceffary deed, no : legal remedy could be applied. All thefe things,! however, were Rated in t h e report to be matters of record ; and it could not excite any degree of won - . der, that the names and defcriptions of all the par ties being added, Ithoup the paper was; its itfelf un known, this individual rzgott mad made a confider) • • . . able noire in that plit'Of the couptii,i irtiNclLit ia , ' More peculiarly addreffed. The lkiAter of tho.AIPW had fo far esculpatedhimcelf as to lite that he, him fill was not the wtiters3f the report.tuit.willicetief farily obliged to employ others in 'this line., After .having been the means, of diffeminating the article hi quellion, however, and after receiving the pr.)fits nf the publication, this excufe could not be futtained. bUt the Learned Cuunfel fubmitted that like Muter and Publither mull be committed._ _ Mr. Harr appeared for Sir Philip Hailer, one of the Defendants, alone. Mr. NEWBOLD and Mr. Heap, for the C .mmif Sorters, enlarged on the hardfhip of their flotation, and futimitted that the Court was called on, if they had properly difcharged the truft delegated to them, to prote±t them agaiuli afperfions Saruax to tliatuow complained of. The LORD Comma:Au alked if there was ME ckat evidence as to whu was the' printer arid pub. Miter of the paper in quefiion ? He had never yet heard his name mentioned. Mr. Haar faid, a notice had been given in Vaughan Griffiths as the Printer and Publilher, and an Affidavit had been filed by a perfon who had purchafed the publication in quellion at his hook. He believed Mr. Griffiths would appear by his Counfet. _ Mr. RICHARDS faid he had been applied 16 only within thefe few minutes. The LORD CHANCSLLJR faid, the motion in Inef tiun had been made a long time fince. He mull look into the Bill, Anfwers, and Affidavits, before lie could order any commitment. He remembered that au extraordinary motion, of the nature defcribed, had once been made, but the eircumllances (attending it were not in his recollettion. He was, however, fa ri..fied of this, that nothing but ignorance could have caufed the perfon making the•report, to affign to the judgment of the Court the reafun he had done. The paws affigning fuch a reafon mutt haat been cun cumulately ignorant. Mr. RICHARDS was about to rife, when The Loan CHANCILLOIL (aid he could not allow Mr. Richards to appear for this perfon who had em. ployed him, fuppoling him to be the Printer and Puhli(her of the paper in queftion, till he had exa mined the Affidavits, and feen whether, independent of his appearance, the Complainants had fufficient evidence of that faet. For this purpofe, and that his Lordffiip might have time to look into the proceed ings, be ordered the matter to lie over till Monday. COURT OF RING'S BENCH, NOV. 6. The (late of the conviEts on board the hulks, at Woolwich and Portfmouth was reported. as ulual, to the Court; after which, upwards of an hour was occupied in jullifying bail. Mr. EDWIN HE/weeny SANDS applied to their Lordthips to be (truck off the roll, he having left off prallice a long time. In POTTY v.WAKIIFIILD, which was an affirm of trover brought by the Bankrupt to try the validity of the petitioning Creditor's debt, a new trial wa• ap. plied for by Mr. SCARLET, on the part of the Plain. tiff, and the Rule was refufed. The quaion de. pended on the validity of an award for tool. in favour of the petitioning creditor. SNAIL M. MARRIOTT. The Arrotta Sy Gemmel. moved for a rule to thew tank why, in this cafe, a new trial fhould not be granted. It was a cafe founded upon an under taking that a certain (hip, called the Nelly, (hosild fail with convoy. The charge was, that the bad not failed with convoy.. She was loft, and Mr. Snail was unable to recover from the underwriters, in con fequence of her not having failed in the manner at &It given nut. • It was advertifed that thia Chip was ,to fail with convoy, and cards were alfo iffued to that effea, and in fad, it feemed to be originally intended that (he fhould fail with convoy ; but the Captain finding , hinifelf blown off from the Ration he had taken, while waiting for convoy, thought proper to fail without it. Under there citcusnftances he (the Attorney Go , octal) had formerly fubmitted to one of their Lord (hips (Lord Ellenborough) that be was entitled to recover againft the defendant, as the defendant had moll exprefsly undertaken that that veffel thould fail with convoy. Upon that occafion, he had takenahe 1 liberty of mentioning .•.a caufe at Ni, Prier,- which was twice reported, called Runquis v. Diggett, in Efpinatie's boot, p: 64. That was a cafe in which a Chip had been put up in the fame way with this one, and yet did not fail with convoy. The plaintiff itr that cafe recovered aglinft the defendant, on the ground that he fuftained a lofs, which was occationed by that reprefentation. The report of that cafe Ra. ted that the vette' was put up, and warranted to fail 'With cnnvoy; and alfo that the bill of lading con tained an engagement to that died. He having been'Counfel in that cafe, he had taken notes of it; which, not correfponding with that report, be was led to doubt whether or not he had been minaken ; and theref ire he had lately fent for the brief, in order in afcertain the fad, which brief he had now before him, and he found that the circumftances of that cafe were exactly the fame at this one. The (hip was fet up with no fuch thing as warranty, but merely with a aatelrient that the was to fail with convoy ; not *as there any mention of convoy in the bill of lading. The two cafes, therefore, exactly refembled each other, in every particular. His Lordthip had told the jury, that this did not amount to an un dertaking that (he, in the prefcnt cafe, (Mould fail with convoy; but, if it appeared that the Captain never had any fuch intention, it would amount to a i frauds Lord Etuttisottoocu..;—" I fhould fuppilfe that. The bill of lading would contain an engagement oil that fort." ATTMLWIT GIINUAL. 4 I The truth is, that the bill of lading does not coritain all the Itipulatinns, either of the parties fendinithe plods, or of the party receivin: them." Lord ELLENIOiOVaII. If the cafe you quote vary 16 much from the repotted cafe, there is cer tainly good caufe for a new trial in 'the prefent in (lance." ATTORNEY Gsmra — at...^• 46 I certainly did cite, that cafe, and Obiererd upon the dillinktinn between it and this one, and pointed nut that the apparent difference was nor fupported by the ta&. Your Lordfhip did not much advert to that cafe at ali,and there were. no o'itocae. caileJ oo the part of the de fendant." ; . r .. • .4. - t• , . Lot 4 Ez.t.twaostovciti:. l : 4l . Ton Nor...communicate' tunic paliculars which - have lince come to 'out notice:l? the other geatrelpen,l 4 rat they may tee the fitasittion:irigwhich it (hands beine it comes 'rib.' tMeh we lia4 a cafe of this kind tiom Live- (plot. etnat'aded Reid v. Martin, whereon advertifewei t was inferted in tome of the papers, Rating that the thip . wAs to fail with convny, a!thmigh the did n.,t ; and there was alt . ', another cafe Comewhat limiloi, entituled Simprony..tunialte:—Take a ruse to thew cattle." ANDREWS A' . dD , n7HERSV. PALSORAVi. _ Mr. PARK moved frt. a rule to tliew caufe why a new trial &mid not take place in this care, as it was one attended with very peculiar circunittancts. It wain caufe which formerly came before his Loyd thip at Guildhall, and the aBi'm evas founded, upon a policy of infurance dated the 18th day of February -1805, upon the th:p Mercurius at London, bound for Tobago and the Welt India Wands, thole of Ja maica and St Domingo excepted. Policies, in ge. neral, contained certain printed words, fuels as "•nri til the (hip has moored at anchor, for the (pace f 24 bouts, in faros." But its this policy there riot ed words are ended. and the words" until u' loaded" written over them ; fo that, according to this con tra°, the Ihip was to continue until (he was aerially unloaded, at the rifk of the infirrer.. The it!orney General relied upon the payment of the m , ney into • Court upon the general policy, and theref , re he was not bound to produce that policy In this he was certainly right ; but he (Mr. Park) was now in a condition to prove that this policy was altered :Fier iit WA. fisbfcribed. This he could prOve by very fob ftantial evidence. Upon this being ba-ely Rated, his Lordthip limed inclined to gibe effect so it, and Paid That he (Mr. Park) might have a new trial.— His Learkd Friend, however, had loon thereafter prodticed the policy, tut it was then of no ufe to him, as the rule of Court flood againtt him, and it was needlefs to afic whether the policy was not alter ed, the rule of Court admitting it as it now Itood. His motion now was, that he might he 'permitted to amend the rule of the Court, upon paying the money due upon the common counts, together with the coils, and that he timid have a new trial. If hit Lordthip would look at his note book,he *ould find the cafe where a verdisft was got for the defendants, on payment of colts, under fuch circuinttances. lei the cafe of Tomlinfon and Blackfmith, in. the 7th Vol. of the Term Reports, p. 13z, after a verditt, the Court permitted the record to be amended from sOOOL to tool, and fen; it down to a new trial.-d- Rule granted. TN! RING 'V.-GOVERNOR THOMAS PICTON. Mr. DALLAS, on the part of the Defendant, (aid, that he was now prepared, and winsed to knosi when it would be convenient that this trial fhould come on. Lord ELLawsortouctr obferved, that there were three days' bufinefs on the Peremptory Pap-r, and when that was terminated, the argument might be heard. If Mr. Dallas thould not be' in the way, he mould be informed when they were ready. Mr. (BARROW remarked, that the papers, which however he had not perufed, were very v luminous. It might be convenient that their Lordfhips fhould have the material parts pointed nut to them, on which the Learned Counfel for the Defendant relied. Mr. DALLAS anfwered, that the depofitions al. though numerous, were in a narrow compafs. The only paper of length WAS the copy of the record. In reply to Mr. Garrow's obfervation he laid, thAt he meant to rely upon every pat t of each depofition, and not upon any particular part exclnftvely. HARM cortrus. Mr. WALToN moved for a Rule to fheur caufe why a writ of Habeas Corpus lbould not be iffued, in order to relieve the perfon of a young man, named John Scott, who had been impreif, d into the oavv, and detained on board the Skylark gun brig. He cotld produce evidence that this young matt had 'lever been at fea for a longer period than from March la(, and therefore his detenri n %vac not with in the ftatute, which requires men to have been at fea for two years, uolefs it appears that they have formerly received bounty.—Rule granted. COURT OF COMMON PLEAS. NOV. 6. This day being the firlt day of Term, the Court was engaged for Come time in the jultifying of bail. It then proceeded to hear motions. SitINNAN AND WIPI th . RILDNInND. Serjeant Basr moved for a rule to thew canfe why the execution, in this cafe, thould not be fet afide ? It was an affirm tried at Guildhall, when, nnder the direilirn of the Jud e, he lealt potlibl e d a m ages were given. The vertfid againft the Defendant was only one farthing ; but the Plaintiff contrived, in the long vacation, to take out an execution againtt him for 631. and upwards, colts. The Learned Serjeant was aware, that he could, on the part of his client, fet slide the judgment by a writ of error ; but he was confident the Court, under Inch citrumftances, would not fubjelt the Defendant to the probability of be ing imprifoned for the length of time which fuel a proceeding would occupy. Ile therefore applied for redrets in this form ; becaufe, although the adion was' originally brought for an affault and battery, yet, in the jullification, no mention of the latter did appear. Their Lordlhips would find, by a reference ' to two cafe. in the 3d and sth Term Reports, that the Court of King's Bench, under fimilar circum- fiances, fet.afide the execution, upon a fimple motion. Rule granted. HENLEY V. Gr`DDARD. Setjeant 1311LIIY moved for a Rule to thew caufe why tne Defendant Qiould nr,t be allowed to put in common bail, and. have the money paid by him to the Sheriff, in this caufe, reltored. The applicatiou was founded on the non compliance of the Plaintiff with the ulnal and neceflary procets of the Court -- The Defendant had been arrefled f 9 r a d e bt d ue i n Ireland, where the affidavit was (worn before the proper officti. In this country the rapist was atitd upon the mere affidavit, without a Judges order, which the. predict of the Court rendered necctrary. Rule :raved. Rapidly to its dtablution is the Lottery Scheme Scheme fpring from its allies, hastening, whict► is now at iffue ; yet, •plceutz like, v a lf tdg a iv S e u r.e i t in lit e e nt tradventure. Holden of Supple mentary Tickets and Shares, many of which are )et attainable in the Scheme rp,ar drawing, will not eatily be induced to part with them ; for that they will fpeedi!y earry a pemium is certain"; ye; will they be objeas of much interolt to purcha;ers.