Star. — London, England, 1809-11-18 00:00:00

LIPAI. AtTLLMENCZ. FALMOUTH, NOVEMBER 15. the brit Elizabeth, Capt. BAKER, from St. in Spain, with '.;)60 sheep on board, for alt, nine days out, bound to Portsmouth. AND PLYMOUTH-DOCK, NOV. 16. he HUMBER armed ship, Capt. ENOLAND, of vessels under convoy, consisting chiefly 'others and light transports, for the Dawns ; . tr.insport, MAY, with sick soldiers on board, Isbon, bound to Portsmouth. Came down the id anchored in the Sound, his Majesty's ship id I'AIGLE frigate. Arrived and sailed agan y's ship QUEBEC, 36 guns, for Portsmouth. :he COCKAThItr, from the West Indies, with ?nt stores ; and the schooner Alert, Cook, porto, last from Falmouth, with wines, for this PORTSMOUTH, NOVEMBFR 17. his Majesty's ships ACHILLES, ILLUSTRI-1 ECRYAWS, from off Cherburgh ; and the igate, from Plymouth. Sailed the ULYSSES, ivoy, for the Downs, among them are a fleet ots, with troops, to rendezvous in the Wind W. blows hard. DEAL, NOVENIBER 17. • ,is Majesty's ship ST. FmnrNzo and DIANA lg ; ZASOBIA and eSPREY to Sheerness.— the Roebuck schemer, with the loss of an id cable.—Wind N. N. W. CHATHAM, NOV. 56. this 'day his Majesty's frigate CEntsEnt7s, us, Cartair Wilyrny, from the Baltic ; .ty's ()lig Thracian, of 18 guns, Captftin , ;D; RIFLEMAN, of 18 guns,.Captain TNNIS ; .`.:(11 all possible dispatch for Channel Also the Munos, of 18 guns, Capt. Locx- OwEN Gt.tvnowEa, of 32 guns, Captain nearly ready for sea. The Bristol . prison- iterant WATTS Commander, is so leaky that be relieved by his Majesty's ship FYEN, of now fitting for the reception of French pri- War. The IMPREGNABLE, of 98 guns, on will be lavac'•red early in the swing. YARMOUTH, NOVEMBER 17. torning arrived the homeward-bound North (en, under convoy of the SNAKE and PANDORA war ; and a fleet of merchar tmen bound to; irgh, and r convoy of the Bastusk sloop of the ACUTE gun(b: ig, from a cruize, all of remain in these roads with the Roenuctc, PLAN- CALYPSO, MANLY, DRAKE, EIVAS, and PAZ .—Wind W. and by N. GREENOCK, NOV. 13. merican ship from Jersey, arriv:d on Satur id with cotton, tobacco, ashes, turpentine, , s, to Wilson and Maclellan. The ship Hi :-ecked some time ago on the island of Jura. tyage from Londonderry to Phil delpliia, )tf by Mr. DAVID PORTLII, cltip.buildcr 0t arrived here on Saturday last under jury be repaired. The Active, Cot.:4Ls, for ich sailed from Quebec with the Lively, is on shore in the rites St. Lawrence, near ith four feet water in her 11°14. The Diama, this port, for Newfoundlan..), was s'okc with (ober, in lat. 46. 44.). laig. 4.8. W. all well. DUBLIN, NOVEMBER Is. y morning last, as the brig Jane, of illy hound to London, with a valuable cargo of was going down the Rivet. she Atruclt •n near Buttermilk Castle, :and rtry shortly rt of Irr deck, at low water, is 10feet below .day, at twelve o'clock, a very fine vessel, M Cum-6 BA I LIE, andWn; LLA , was launched 'CiHE'S Dock, under the discharge of carmen, off in capital style, amidst a vast concourse ators. Shr was named the Antrim, aLti if we understand, for the West-India trade. FROM 11,0YD'S LIST. AN; Nov. 17.—N0 vessels active(' this day.—Sailed ion, ; Prince George, Payley; Pursuit, Mil- :rine breen,Tler ; Ceres, Warren; and Caroline, for Jamaica; the John, Dempster, for Martizique; . - IcHry, for Gibmltar ; Amphion, Hanunerburg; and Vou:;ltt, for Goittnbtur; Coroline, Avery, for Cadiz; ,be, Callender, for Malta; and the Sarah, Bourse, for zero:., --, front Bo•tnn and Ireland, to Liverpool, nn Hoyle Bank, but expecttil to b pot off. i; r, —, from Oporto to Dublin, has been takers, carried into Cork. irgaret, Garden, from Prince Edward's Island, is arrisited Bay, bound to Plymouth. Shy was captured en the the Decide privateer ; and after having bees plundered, :rm.:seri to prooeed with the crews of different vessels irie...teer had Frevinasly captured. the .Ketten, Miles, from Demerara; ide, ;rum Yew Jersey. At Kinsale, the Ponson ler, from Cadiz; and tlte. Par aluna. Rees, from Oport • cad, the Bellona, Cox, irons St. erciv. At Malta, the I:htnpq)c, from L!verprtol. At Penzance, the Ann, Ircen Malta ; and Pannerara, Calding, from Come. is a Gentleman (Mr. Thomas Nelson) now Motland, in Westmorland, the place of his who, althoggh 103 years of age, (the oldest lit in the diu.e, , Fo of Carlisle) rides generally Lturda- to- ppleby market, which is a distance miles, iind . sometimes to Penrith, which is irther. He was parish clerk of Morland up- Sseventy }ears, but resigned the office about ITS since. The Bishop would have permitted appoint a proxy, but the conscientious veteran J the offt r, ,letermincd t-t2lly to relinquish a , tilu duties of which he Ivaszo looser able to in the way he wished. SUNSET. Farewell, thou glorious orb of light !' Parent of cheerful day ! That still illunest yon western height With many a lingering ray ; Oh ! shall I ever live to see Thy eastern pomp renew ? Or must 1 bid to grief and thee, A long and last adieu ? This beauteous scene that charms the sight Of Health's athletic song, view, unconscious of delight, And tune a mournful song _ Rack'd by a thousand pangs, I stray To breathe the evening air, But Peace forsakes my lonely way, And Sorrow breeds Despair. Can past delights a charm impart ? Can Memory soothe my woes ? No—Memory wings the venom'd dais• Which adverse Fortune throws ! Bat hark ! sweet Philomel complains ! Oh melody divine! Her's, too, are melancholy strains, But softer far than mine Proceed, lov'ti bird! thy griefs Unfold, Nor let me mourn alone, To hear el woes so sweetly told, I e'en forget .9 yob 1 St. Ives. CANTERBURY, NOVEMBER 14. The arrival of vessels from the Baltic and the North, in the Thames, during the last week, has ex ceeded in number, any preceding period ; so much so, that the Officers of the Customs and Pilots were insufficient for the purpose of attending.on them. It would seem that stern winter, " with all his rising train," had suddenly made its appearance. The morn ing of yesterday produced ice in most situations, but in some places, it was nearly half an inch thick ; and the mercury in Fareuheit's thermometer exposed to the north, both at eight in the morning and at the same hour at night, stood at 28°. four degrees bel.•w the freezing point : the variation at mid-day did not' ,exr-Qd the freezing point t32°. A slight shower of :'.ow stacceede,i, in the course of last eight. Harland EcZarr, who was taken up last week, and committed for further examination, suspected of having been the person who killed and carried away tram a field, the carcase of a sheep belonging to Mr. Jarrett. butcher, of Maidstone. underwent on Wednesday hest, a second examination before George Burgess, Esq Mayor, and was fully committed to take his trial at the neat Assizes. Aired t Stephen's, C,overnm en PLYM°U 7 Sailed th, witli . 1 0 sail . of cm pty c o theSo?:lia f ro m lasboi h ar bour and T s k is, and Nf..jesty A rr ved the Governmen fort Oportt po:!. arrived I us , and E (1, Eat; frig tri:h a cony f f transpor Downs. --V Sailed hi: to Flu :rig ck 11 2ne and Arrived if 32 gun Lis I`,l,ij,:st; Gr. SHAND each are ft.' ,tervice. A ; the C Si.t.r,Y, is a slt p, Lieut sl•.e is to be 7. guns, nc seers of 41:: stocks, This ma ',Vest Men, ! . .( , ops of It Gottenburr var, and tl vh*Th rem: TAGENET, ( schooners.— . An Amt hy, loaded cr.,' staves, rr.i.,, tyre VI the voy: l:•aght of f..:‘ place, tuts, to Is Fa, whic • lattinE, i Lique, witl Isos, of t!: 4:b Octobe Tuesda) eouth, ho OT i t::! rocks •:ak ; part t.e surface Yestcrd, ~tirtforM 1:7411 RITC ..vent pectat London, Cathzri ' n , f 1-', ;;;•ad! • I,be, The Itlill lalre • a;! ;:e Mari k* '..wry Lc' ult. by e Ibc' 'rat p+ n '. flit prig AR fIIV :ereidt Touchet • iNyhen /...ralt, 'IT frc There eying at - zativity, • Fit. i • year ••:1 to a l .ed ~n, t • UNIVIRSI7T INTELLIGENCE. OXFORD, NOT. IS.— Tlteilly last Mr. RASIILItiOII was admitted a fellow of New college. Tuesday Mr. LAMAS VCR, B. A. of Queen's col lege, was elected follow of that society on Mr. MIT CMILLIA foundation , and on Thursday Mr. Nonni); was elected exhibitioner on the sAite foundation. Dr. Slam', the late Master of Pembroke college, in this naive: sity, and one of the prebendaries of Gloucester cathedral, was one of those characters who blend erudition with social ea.* and cheerfulness. He was trr• in his manners. but never coarse ; full of anecdote:, and well acquainted with mankind. In the ' earlier part of his life he was a gteat admire; of the drama, and alw., ys Lied himself in the pit, ne►r the stage ; :lever mi• sing Ganarca, if in town, when that great actor performed : anti he often went from Ox ford to stc him act. Part of the year he devoted to the dwies of his calling, and the rest to the social and rational enjoyments of the metropolis, generally residing at the Oxford coffee-house. There was a rough dignity in his person, and his character corres ponded ; bti._ though open and manly, he always ap peared the scholar and the gentleman. His loss is felt by a wide circle of friends. I“'LF.SIAsTICA L PRONfOrInNg. Rev. George WiElam H;11, B. D. master of Pembroke college, in this university, is preferred to be a prebend of Gloucester ca thedral, in the room of the Rev. Dr. Smyth, deceased. ' Rev. Alexander Radaffe, M. A. late of All Souls college, in this university, to the vicarage of faint (lenient, Soodwich,Kent, vacant by the decease of the Rey. Wheeler Bonee. Rev. James Reed, P. D. fellow of Exeter college, in this uni versity-, send chaplain in ordinary to his Majesty, to the rectory of "rvershot, Bedfordshire, vacant by the death of the Rev. ---. i Sat.dys. Rev H. Morgan, late of Christ Church, in this university, to be lecturer to the chapter of the cathedral of Hereford, vacant by the pr,nu.:cion of the Rev. Dr. Cope. Rt. v. Joseph Thomas Lawton, M. A. ID the rectory of Elms well, Sufliilk. Rev. John Ellis, M. A. one of the senior fellows of King's col lege, Cambridge, to th,: vicatr,ft b e of Waves Wootton, in War wickshire, vacant by the death of the Rev. M. T. Becher. Ulm Edwarl Markham Wiltan, to the vicarage of Kirkbor ton, near Huddeufield, Yorkshire. Rev. Henry White, M. A. si:crist of Litchfield, to the vicarage of Dilhorn, near Cheadle, Staffordshire. . - CAMBRIDGE, Nov. 13.—Friday last came on in the Senate-house, the election of a public orator, (the Rev. RALPH TATHAM, M. A. junior proctor and fel-1 low of St. John's college, and the Rev. ROBERT WAL: i I POLE, M. A. of Trinity college, having been the pre- 1 ceding day nominated by the heads of colleges) when the numbers mere, for Mr. TATHAM 153, and for Mr. Ntrnpol.E I32.—The senior proctor of course declared Ithe former duly elected. The Rev. R. J. GELDART, B. A. of Catherine hall, elected a Skirne fellow of that society. Mr. MITCHELL, A. B. of - Pembroke hall, is elected a fellow of Sidney college. • The Scatonian prize is this year adjudged to Gronoz PRYSIE, Esq. M. A. fellow of Trinity col lege, for his poem—The Conquest of Canaan. Saturday also came on in the Senate-house, the election of a university printer, the same being va cant by the resignation of Mr. RICHARD WATTS, when the numbers were, fr. , r Mr. Joitx SMITH 12'.1, and for Mr. FIESRY BI VER 25, (they having been nominated the preceding day by the heads of colleges) of course the former was declared duly elected. This morning was married at St. George's church, Hanover-square, by special licence, Lord Viscount BARNARD, eldest son of the Right Honourable the Earl of DARLINGTON, to Lady SOPHIA POULETT, eidebt daughter of the Right Hon. Earl POVIATT. L4U' INTELLIGENCE. COURT OF CHANCERY, NOV. IT. • DODS V. tIPSTONE. This came on in the form of an exception to a Master's Report, under the following circumstances : A Mr. Dods was possessed of certain leasehold pro perty, consisting principally of a well-frequented pub lic house in Wapping; and upon marrying the pre sent plaintiff a deed was entered into, by which, in case of his death, his wife was to enjoy this property. Two pirsons of the names of Upstone and Bates were appointed trustees under this deed ; but Up stone alone agreed to act as trustee, and he being the attorney who drew it up, the deed was placed in his possession. Some time after Dods, the husband, got the deed from Upstone, with the view, as he said, of getting it signed by Bates, the other appointed trus tee ; instead of which, however, he destroyed it, and sold the property without the knowledge of his wife, who had a contingent interest in it. Soon after Dods became a bankrupt, and his wife, the plaintiff, being deprived of the means of support, filed her bill against Upstone, the trustee under her marriage set- I dement. The cause came on before the Master of the Rolls, who ordered a master to take an account of the value of the property secured to her at mar riage, and that Upstone should be liable for the value of her contingent interest in the same, during the life of her husband. The Master found the value ot this property to .be between 7 and £800; and Mr. Mor gan, the actuary, estimated her contingent interest in the 'same at £340, she being ten years younger than her husband, and of a lively disposition, &c. This then became the sum, which, by the decision of the Court, the . ,defendant, the trustee, was bound to pay. But before the proceedings were out of Court, Dods, the hattand, died, and his widow, the plaintiff, filed her bill, laying claim to the whole. The Mas ter of the Rolls decreed, that she should rece ve the value of the property, beyond what she was already entitled to, as her contingent right, and appointed a Master to enquire what this additional value was, and the Master found it to amount to 400 and odd pounds, making in all about 8760, which Upstone was to pay. Upon an appeal from the detree of the Master of the Rolls, it was confirmed by the Lord Chancellor. Mr. HART now excepted to the Mastet's report, on the ground that Mrs. Dods was only entitled to the se34o which the Court had assigned to her as her con tingent interest. Had she died immediately after be ing decreed this sum, her representative would have been entitled to it, and nothing more. Sir S. ROMILLY contended that his Learned Friend had not brought forward an exception to the Master's report, but was, in fact, urging the rehearing of a CAUSE already decided, and which could only be tried again in the House of Lords. It was true, that in the exception, the additional sum she was said to be entitled to, was only £6, and not £4OO and odd, but this was supported by no proof, and was contradicted by the report of the Master. The LORD CHANCELLOR refused to sustain the ex ception, observing, that by the decree, the plaintiff was entitled to all the addition,el value of the property, and it was only referred to the Master to inquire what that additional value was. He observed, that it was sometimes difficult to see the grounds on which ac tuaries went in calculating contingent remainders.— From this case they seemed to think that the liveli ness of a wife might sometimes be oppressive to her husband. TYTHES..-.4IYELY Vs FOWLER AND OTHERS. The LORD CHANCELLOR intimated, that he had ap plied to Baron Thompson, to learn whether it was the practice of the Court of Exchequer to allow the consolidation of Tythe, and other causes relating to the same matter, upon a motion of course before an seers were put in. The impression upon his own mind had been that such was the practice, as stated by Sir S. Romilly. But Baron Thompson had replied that he had no notion that the consolidation of causes un der such circumstances could be pet mined as matters of course, though this might be allowed upon special reason stated. Mr. HART argued, that the practice contended for on the part of the defendants, who objected to the. payment of their full tythes, was contrary to the rea son of the thing; for it was impossible to know, be fore answers put in, whether the defences would be the same. Some might plead parish modus's, others farm modus's, &c. and the 32 defendants might have 20 different defences. Sir S. ROMILLY referred his Lordship to the case of Fife v. Brocke, in Peere Williams's Reports, in favour of the practice for which he contended. The Loan CHANCELLOR said he would look at the case, and apply again to Baron Thompson. DALTON V. SIR J. INNSS KERR. • Mr. HART, for the plaintiff stated, that a deed of separation had been executed between Sir :fames In nes Kerr and his late wife, by which she had the right of devising certain property by will, which she did to the plaintiff, who filed his bill in the Rolls Court for an account. The defendant, after taking all the time which the Court would allow to put in his Answer, filed a cross bill, alledging that the deed in question was contrary to the instructions given to the person who drew it, and offering to prove this. The origi nal cause was to be heard on Monday ; but Mr. Bell had obtained, as a matter of course, an order to en large publication to the last day of term, that the de positions taken under the cross hill might be read by way of defence to the original. Mr. Hart contended that as the defendant had before takes advantage of all the delay in the original cause to which he was en titled, he ought not to have had m,,re, without spe cial reason assigned ; and he therefore moved to dis charge the order. Sir S. ROMILLY and Mr. BELL observed, that there had been no unnecessary delay on the part of the de fendant, who bad used every diligence in bringing forward the only defence he had, which was by cross hill, and that it would be hard if he should be depri ved of that defence. The CHANCELLOR said, that the question was, whe ther the delay should have been allowed of course ? He had some doubt as to the practice in that respect, , and would inquire into ir. In the mean time, he re : commended to Mr. Halt t) take the costs of this ap plication, and a peremptory undertaking, to try on the , first day of the s►ttings after term, to which Mr. Hart agreed. • C6tiltT OF krga'S Bttefis llovr POST-lIORSE DCTY.—SERJEANT WHITP4 This was a qui tan: action, by which the Plaintiff sought to recover certain penalties of 101. each fr, m the Defendant, a Post -master, f not charging him self with the full duty on certain horses let out by him for posting. One count in the information, to which the others were similar, charged that the Defendant did let fur a less period than 28 days, namely, fur one day, from Bishopsgate-street to Romfor I. two horses, fur posting, by which letting tl..ere became( due to the Collectors fOr the Farmers of t' ie Post-horse Tax; 65.; whereas, in his weekly ticket, the Defen dant set forth only the vim of 3s. 6d. as due by him on this account, being, as the information char d, less than the real duty. The Defendant had demurr red, and the question came to be, if the 3s. 6 1. was enough? Mr. RICHARDSON now argued the case for the Da fendant. By comparing the Acts of the 44th and 48th of the King, with the Act of the 25th ot' the King, on this subject, he . contended that an option being given, in the list mentioned Act, of chare,ing by the day, or by the mile, namely, by the day Is. 9d. for each horse, or 1 id. per mile, the Post \fas ter was still entitled to avail him:Al:of that option. Lord ELLE:4I;OI4OI7DH said, the construction put upon - .he Acts by the Learned Counsel, was directly in the teeth of the words of those Acts, beyond which the Court had nothing to do. It was impossible, noder these Acts, to convert a mile hiring into a day miring, when the distance was ascertained, as it seemed to have been in the present case. If there were defective provisions in the Act, the Court could not supply them against the clear wo: ds of the Statute. Judgment was therefore entered for the Plaintiff. By this judgment it is determined, that whenever the distance or number of miles is ascertained, and known, at the time of hiring the chaise, the ticket must be a mile ticket, not a day ticket. BLACKIT V. SMITH. This was a question between the West-India Dock Company and a merchant, upon the reasonableness of the charges of the Company, in respect to whar fage, &c. on goods belonging to a ship in their docks, while it remained there to load, preparatoi y to going on an outward voyage. It being contended by the mcrclu.nt, that the 6s. 80. per ton, which was paid to the Company, was all they were entitled to, in ulis case, and that they were not to charge any thing for stores belonging to the ship, even although sho should remain six months in these docks taking in hef cargo for an outward-bound voyage. On the part of the Company it was admitted, that they slnalil no t charge for stores, such as were immediately n...Lessary for the ship, while she remained at the dock ; bat as to those stores which she might want for use during her voyage, and which were put on board the r dock, they were entitled to charge the same as for at y other goods, wares, and merchandizes. The Court intimated a desire to know whether di. parties wished to add to the case the fact as it stood whether the claim of the merchant here ( xtended to the whole of the stores which the ship might w..nt the whole voyage, or was confined to that which the ship might want in these docks. If the latter only. the Court inclined to think that the Company LOUIS not make any charge beyond the Gs. Bd. her ton ; Inn if the former, they thought the merchant asked i.(ys much, and therefore should pronounce judgment 7;.'sa for the Company, with liberty to add to the case tne fact, if it was so, that the merchant claimed only an exemption for stores for the ship during her stay us these docks. THE KIXO V. WILLIAM GLASTOK. The defendant was brought up by !Ideas Cortur, from the common gaol ot the County of LbSCX, charged with stealing a hog on the 27th of March last, tor the purpose of his being bailed, on the special circumstances ot me case. The Court, after bearing the whole of the evidence, as returned with the certiorari, by which all the pro ceedings before the Magistrate were removed, ob served, that as the detendant would have to remain nearly six months in prison, it nut now bailed, and as a good deal ot doubt was introduced into tne case upon the evidence, it was but fair to bail him, and, therefore, he was bailed upon four persons, beside himself, entering Iwo a recugniza,:ce in £2O each, for his appearance to take his trial at the next Assizes for the county ot Essex. Mr. GARKOW moved for a rule to shew cause why Mr. Russell, an Attorney ot the Court, should not repay to a Client of his, the sum ot a',s,tog,:tner with the costs of this application. He was desired to add, " and why he should not answer the. matters of the affidavit ;" but that was .uperfluous, for il.at he must do, in sheaving any cause. He moved this upon an affidavit, stating, that Mr. Russel, hasi much abused his character ot Attorney, and it the party complain ing could have no redress by the Court, he had nu re source for it. It was stated, that Mr. I:usefl was a confidential Attorney in defending 4 belt for a Gen tleman who wanted to raise some money up n a Bill of Exchange tor ot7o, which he applied to Mr. Rus sell to discount ; to Ouch he agrtcd, on having a warrant of attorney, upon which he made out a hilt, with the following item, in it : x. I. 4 Warrant of Attorney' and several cor.ferences relative to lending this naotle) (that is, cuffs:l...ll,m tvi,ll sell, fur Lobody elect was to It tal the trwtt, said Ms - . Garrow .... .. . ....... . . . . 2 3 4 a lintaring ludtmetn on Recurd • it 0 0 Ca. Sa. 461. Di.icount lis. In short, the whole bill upon this occasion, amount ed to A:l5. Is. 60. so that the client had i.nly A,Ly; for his Je7o. Now thtre was no Ca. Sa. issi:J, noir could there be, or no judgment had ►teen :!niered up, as it was stated to Kira ; but all this was an expence by anticipation. Upon such circumstances, if day were correctly state:, thc present NV:tS a mild mottos against this professional Gentleman. Rule to spew cause gr loie persons who, from the great demand for Tickets mid Shares in the lateLtittery, were disap pointed in obtaining a chance i . or the smilei of For tune, will be gratified to find that the TieLts lin tits New State Lottery are already upon Sale at the dif ferent othces ; the mire particularly so, as the . Scheme is.nearly the same as the last, which was so generally approved of, and which liati tlit. good AftXt or ;ot4ly doing away all insurance, the witolo Lottery being to be drawn in oue day,