Star. — London, England, 1809-07-08 00:00:00

THE ARMY. esterday morning the third division of the 4th Re invent of Foot, consisting of between 5 and 600 men, marched into Deal from Canteibury, previous to e mbarkation. Yesterday and this morning the 2d Regiment of Dragoon.; (German Legion) marched through Lon don on their route for Pot e,inouth. They are under criers for foreign service. We hear that the Expedition %yin certainly be ready by the 18th instant. Several General Officers have been a dded to the Staff of it, among others we hear Lord PAGET and General GOWER. Lord RossLyN is to command the Cavalry, Major-General M‘LEon the Artiflery, and Brigadier-General Fviuts the En gineer Department. The Commissariat and Medi cal Departments will be very complete with efficient and able officers. H. HUN art, Esq. goes out as Deputy Commissary- General, and Pr. \VEBB as Deputy Inspector-General of llospitals. 1: is said that General Fertot:soN has asked to be entployed on the present Expedition. There is now very little doubt, we believe, that Lord CHATHAM is to have the chief command.— Though he is not much known as an officer, he is a n:an of the very first rate talents, and his Lordship has seen service ; he served for some time in the West Indies, in that famous old regiment the 29th, which has produced many good officers. It will be remem bered, that Lord CHATHAM had a command in Hol land, under Sir RAITH ABERCROMBIE, and was much looked up to as an officer. Lord ROESLYN is one of our very best cavalry offi cers; General M'KENZ!E Faasra distinguished him self in Egyit ; Sir JOHN CRAUDOCK, in India and in Portugal ;' Sir EIRE COOTE, it will be remembered, commanded in the Expedition to Holland ; Lord Hui.reEv as brave an officer as-any in the army, ! . ,id is yet hardly reeovered of the wounds which he received in Holland. It is unnecessary to say any : ! l ing o: Sir Ann: Horn: ; he has served every where, a nd is now the idol at the army. Lord Pa.c.E - r is likcwise well known, as a cavalry officer. General C,ILAIIAM (90th), the friend of Moour, is a man of general knowledge, and of the first-rate abilities as An Officer, who has been at least 14 , years almost corstantly on service. Lord DALHOUSIE has always distinguished himself for gallantry and ability, as ail nfficer, and was wounded both in the West Indies and in Egy pt. Of the Brigadiers, many are the ablest and most rising officers in the British service: as, BROWN of the 40th, HOVaTON of the 58th, StEWART I Baron ALTON, and Baron de ROTTENBURO of the 60th. Yet, v,re confess, we could wish, and we believe it is the wish of the British army, to see such tried men as Generals SPENCER, FruousoN, and Sir S.INIUEL ACCIIMEITY employed. One or two more brigades of the Foot Guards are Immediately to be sent en service. " POR l':;NIOUTII, JULY 7. " Great exertions are making here by Sir Roca CURTIS, the Admiral, by the Storekeeper General, by Commissioner YVN F. and Captain PaTroN, of the Transport 13oard, and by alt the other Boards, to hasten the departure of the army. Yester day General WIL Ell' Am, the Governor, entertained the Generals and Stair of the Army to dinner; this day Sir Rtacr.a CURTIS Vl:VrtUillS them ; and to•morrow the Royal Lancashire Militia a spl.T.eild dinner to Sir Ev net Coo i :., al the Generals and Staff, and to the principal Officer; of the N. y. " This day a division of the 813 t came in and encamped; on f.';onday the 63d arc expected, and in a few days, the 9th ht Di.rgoons and 77th Regi.,,ent are locked for. Several :eratils and many Officers of tLe Staff have arrived, among :ther Gcneral FY tlt3, General DisN CY of the Guards, General ”.tsex, and Sir Wit.tia Easi,tts L Cni%,rl Dix o\, of the Dr. u•s, and a great many nicelical men, and a ins: =any Officers of the Cm . timissariat Department. :be P.st came round in a line of bottle ship, and remain on To-rne:row some Artillery will be embarked; their tc;:t :.e :e seat on beard some days azn. "It s4posed tiat the Indiamen will sail to-morrow morn- In; tb.ty have General Abercrombie nu board, and reinforce zen:3 for he 23c1 Dragoons, Sots Royals, lt:th, 24th, 14th, !!:11, 7:d I l'gh'auders, and mu3t of :he wegiments at the Cape " Grne:al Drummond has just arrived from Gibraltar, where ;1 is sce.l." " CANTERBURY, JULY 7. :-:!her has transpired on the subject of the pro ;cited elpcd.:ion. The troops arc arriving at th.: different points destiaatiaa as stated in our last, and transports continue ia::, io assemble is the D.,w;ts, but as yet no orders have been ITEZ.red Sr the ei.ibarli.:.' - r:.—Rej..nrr cc: y confidently assigns desiiN.tidn of this t !", , ree ru the riiirth of Germany, but whia prt is howevi.: -ere matte-. or conjecture, and which, icto if we K V ctr aceurati-ly it would be improper to Ac:u..nts , from I lelland state, the. Dutch are fortifying t: vi:inity of Amsterdam, wadi:. as impression of its being de :tried far their shores." " MARGATE, JULY G. " 1 hi 3 !IL:cc and Rat-Asp: are c:envtled with troops, and all is and preparation. No transports have as tiet arrived, but .;rt. hourly expected, when the Visitors of these gay shores - 11tr:oy the wiser!) sc.,n.. of an estenive e..,1).7 - karion of mi ler}, tfevery description. ' " RnMSGAFE, XIX 5. " The t:ansperts wh t te% arrived in the Doe s , l s on Monday to, tr:*sined ;here bus a very short time, and ;ailed for Har tch. It iv:maser of transports are expected to core into Rants- Ote harbour, to-morrow, or next day, sufficient to aceornniodee lire thousand infantry ; but none of the men arc to go on board, mt.ltbe number intended to be shipped here are all arrived, and 443 the whole will be embarked at once. It is said that those 'f!ns.l.ts that arrived here first are to be encamped near Rams. 14%, • " CHATHAM, JULY 5. 3 Friday and Saturday three companies of Royal Artillery,. et. Captains MASSA'', W. Sum', and . D'Auctr, marched 11 Z! 4 V.ste for Portsmouth to embark.' " SHEtRNESS, JULY S. " Arrived hi, Maiesty's tliiiss Dryad and Statira, Protector, and Defender gun brigs, with men, for the purpose of *tanning all the gun baste fitted at this port for the intended expedition." " CORK, JUNE ,23. " The troops composing the force under the command of Ma jor-General Lightburne, were all embarked yesterday ; and the harbour of Cove, during the whole of the day, was a scene of shouting and acclamation, an auspicious augury of the future con duct of this fine body of them. The Virginia frigate, Captain Brace, takes charge of the expedition to its destination, which we have reason to think is Portugal.—This morning, at an early hour, the signal was made for getting under weigh, and was im mediately obeyed by ail the transports in the fleet. The entire were proceeding to sea at an early period of the day." Letters from British Officers in Portugal, received by the last Mail from Lisbon state, tkat Sir Anuit:a WELLESLEY had his head-quarters at Aleantara and the vicinity. General BERESIORD was at Badajoz with a very formidable Portuguese division, and Ge neral SILVEIRO was in the North of Portugal at the head of some numerous levies which were daily in creasing. The rains that have lately fallen in Por tugal have impeded the progress of the troops ; they are, besides, obliged to march with their provisions on their backs, the badness of the roads preventing carriages and waggons from conveying their supplies. Shoes are very much wanted. When these accounts left Lisbon, two regiments were said to have just arrived from Gibraltar, one of which sailed up the Tagus, on the 19th, to join the army by the nearest passage. NAVAL INTELLIGENCE. PLYMOUTH AND PLYMOUTH DOCK, JULY 6. A small French prize came in yesterday, laden with 25 tons of flour, taken the 13th ultimo, off Basque Roads, by the INSOLENT gun-brig. The NIARTIAL gun-brig has also taken two French vessels, laden with brandy, off Rochefort ; one of which, with 13 of the Martial's men on board, it is feared is lost. Ar rived the Entreprenante cutter, of 10 guns, from Lis bon, with dispatches; the PLacocK from a cruize; the MARINER gun-brig from Portsmouth ; and CUCKOO schooner from Rochefort ; also, the American ship Betiey, from St. Michael's ; the Maria, Capt. CHRIS TIAN, from New-York, with turpentine and other goods, for this port ; the John, Capt. FARLEY, from Boston, with timber and staves, for this port ; and the Dorsetyatch, from Bristol. Sailed the UNICORN frigate, for Portsmouth ; Neptune (2) tender, for Dublin ; and the OIZESTES sloop for Scilly. PORTSMOUTH, JULY 7. Arrived his Majesty's ships DRYAD and RAILLEUR, from the Eastward. Sailed his Majesty's ship la Loner: and CAMEL store ship, with the following In diamen : Lady Lushington, William Pitt, Sarah Chris tiana, Windham, Charlton, Sir William Pultency, Union, and Northampton ; and Melville, Roach, fi r the Cape of Good Hope. Sailed five transports for the Brazils, and his Majesty's ship JAMAICA with a small fleet for Newfoundland. DEAL, JULY T. Rear-Admiral GARDNER arrived here this day, and will hoist his flag on board the TnESEUS to-morrow morning. Arrived from the Nore, and sailed through for Portsmouth, the Pi:o•rr:oTott and Di7FENTWR gun brigs ; and SKYLARK sloop, from a cruize off Ostend. Put back the STATIRA from the Westward. YARMOUTH, JULY 7. This morning passed this port the SUPERB, 74 guns, Capt. JACKSOV ; a Brig and a Cutter, having a large convoy from Gottenburgh ; the Bank Note, BREAM, one of the fleet, parted convoy, and is arrived here. Arrived the ACUTE gun-brig, and four ships detained by the North Sea.cruizers. Sailed the BRITOMART. In the Roads, the Roebuck, Acute, and Onyx. DISTRIBUTION OF PRIZE MONEY. The Adamant, for the Gustaf Vasa, captured June 10, ]RO7, was paid yesterday, and will be recalled on *fuesdays and Fridays, at N 0.3, Philpot-lane. The Nile, for the Nostra Senora del Buen Voyage. raptured Sept. 3, Is)4, will be paid this day se'linight, between I I and 3, and recalled on Wednesdays and Thursdays, for three years, at No. 9, New Broad-street. The Colpoys, for the Mercurius, detained Feb. °l, 1806, will be raid on Saturday next, and recalled at No. 11, Cecil-street. The Princess of Wales, for the Vrow Autitta, detained April 12, 1:10i; , will be paid and recalled as above. The Rowena, for the Ranger, recaptured Jan. 5, 1809, will be paid and recalled as above, The Nlercurius, for la Bonne Mere, captured March 13, 1809, will be paid on board at Sheerness, aid recalled on Wednesdays and '1 hursdaes, for three months, between 11 and 3, at the office of Hurry, Jukes, and Co. Gosport. 'lhe Leopard, for the Mary Ann, captured Oct. 12, 1806, wa q paid to-d.:y, and will be recalled every thy for three months, a t No. 12, Upper Thames-street. The Regiments, Corp, and Departments, present at the sur render of Copenhagen, fur the Danish Nary, will he paid this day st'nnight, and recalled on Wednesdays and Thursdays, at No. IR, Little Queen-street, Westminster. The En treprenante, for the Cora schooner, recaptured Dec. 27, 1803, will be paid on application, at No. J, Frankfort Place, Ply mouth. '1 he Circe and l'Epervier, for the Charles, captured May 9, will he paid un Friday, at No. 1, Fish-street, Doctors'. Commons, and recalled at the same place on Mondays and Fri days. I.tipervier, for the Sally, detained Jan. is, 1805, will be paid and mailed as above. The Plotar,• fur the Union galliot, recaptured Dec. 2, 1807, was paid yesterday, and will be recalled, at the Office of Mr. Greenway, Plymouth-Dock. The Agincourt. for the Zeldenruitt, captured April 11, 1806, will be paid on board on her arrival In port, and recalled on Tues days and Fridays, for three months, at No. 18, Clement's Inn. The Dictator and Agincourt, for the lenge Bartels, captured April 18, I'Bo6, will be paid on board on their arrival, aad re- called as above. The Egeria, for the the Mavis, captured Dec. 21, 1908, will be paid os board os her arrival, and recalled as above. L 419 INTELLIGENtE. CONSISTORY COURT, DOCTORS' COMMONS Jut/ 7. WELLESLEY V. WELLESLEY. This was a proteeding or cause of divorce or separation from bed, board, and mutual cohabitation, promoted on the part of the Honourable Henry Wellesley against the Right Honourable Lady Charlotte Wellesley, his wife, by reason of adultery, alledged to have been committed with the Right Honouralsl , - Lord Paget.— The facts and circumstances of this case having been so recently before the public, when a verdict of 20;000L damages was ob tained against Lord Paget in the Common Law , it will be unnecessary to repeat them again. The Court, Arhearing the evidence read, and the Counsel on both sides, was clearly of opi nion, that the fact of adultery was completely proved, and ac cordingly pronounced the husband to be entitled to the remedy he prayed. DAVIES V. DAVIES. This was a suit of divorce irstituted on the part of Mary Davies against William Davies, her husband, by reason of cruelty and adultery. It ',peered that the marriage in this case took place between the parties on the 4th of November, 1804, and that they continued to live and cohabit together as man and wife, till 1806, when Mrs. Davies separated from her husband, on account of his ill treatment and personal violence towards ker, and his adul terous intercourse with women of the town, whereby her health became much injured. The farts being made out to the satisfaction of the Court, it was of opinion the wife was entitled to the relief she prayed, and accordingly pronounced for the same. BING v. PRICt, falsely calling herself BING. This was a suit of nullity of marriage, instituted by Susannah Bing, widow, as the natural guardian of John Bing, her son, against Mary Price, by reason of minority. it appeared that the parties were married by licence, obtained by the woman on the SOth August, 1807, the minor (John Price) being not then 17 years of age, and which marriage was solemnized without the knowledge or consent of Susannah Bing, the mother. The necessary facts being clearly proved in this case, the Judge (Sir Win. Scott) pronounced the marriage to be null and void. GURNEY v. Pluck; falsely calling herself GURNEY. This was a proceeding of nullity of marriage,brought by Charles Gurney, the husband, against Ann his wit:, by reason of minority. From the proceedings it appeared, that the parties were mar ried in 1801, by licence, obtained on oath of the husband ; and the material points to be established in this case, were the proof of the minority of the party, and want of consent of the father ; who, it appeared, had absconded front his family when his daugh ter Ann was only three years old, and went to America, and had not since that time been heard of. The Court, after making several pertinent qbservations applicable to the case, was of opinion that the proof was defective as to the points of minority mid want of consent, and therefore dismissed the application made on the part of the husband. COURT OF CHANCERY, JULY 7. WATSON V. LORD SONDES.. This was a question upon the construction of a deed. Lady Mary Pelham had conveyed her landed property, in Sussex, to a trustee, of whom the defen dant, an infant, is the representative. for the purposes mentioned in the deed ; and among others, to convey a stated portion to the plaintiff, and another portion to the Earl of Chichester, subject to the payment of £lO,OOO, to be applied in the manner set forth in the deed. The ground of the suit was a doubt whether, under the words of the deed, a certain wood, called Bishop's Wood, alias Horsebridge Wood, in the pa rish of Hayling, and. the great tythes of the parish of Lawton; were to be conveyed to the plaintiff; or, whether they formed part of that property to be Lon veyeel to Lord Chichester, subject to the payment 0: !the x 610,000. The bill was filed by the plaintiff against the representative of the trustee, for a con -1 veyanee ; and this was opposed by Lord Chichester, the real defendant. After Sir S. Rositt.Ly had been heard for the plain tiff, and Mr. HART for Lord Chichester, The LORD CHANCELLOR delivered his opinion.— Having adverted in detail to the several parts of Ithe deed, and also to those of the paper of insu uc tions, drawn up for the Conveyancer, he intimated that he was strongly inclined to think that the inten tion of Lady Mary Pelham was to include the con tested property under the portion of Lord Chichester. But this being a Deed, not a Will, he was bound to take the meaning not from the paper of instructions; or any other source, but from the deed itself. All that he could say therefore was—" Quod vault, non dixit " By the obvious sense of the words of the Deed, they were part of the property to be conveyed to the plaintiff. Decree for a Conveyance to the pi:limit-1: His Lordship in the course of his observations re marked, that some gen , :ral words altering the effect of the deed might possibly have been inserted by the Conveyancer's clerk, copying his precedent-book with too much exactness. This proves how necessary it , s may be for parties not to content themselves merely with giving a paper of instructions, even to the most accurate Conveyancer. They ought to have the deed ' itself, after it is drawn up, carefully examined, in order to be certain that it corresponds exactly with their intentions. FOWLER v. WIIITEWOOM This was an application to vary the decree made in this cause by the Master of the Rolls. Sir SAMUEL ROMILLY stated, that in the year 1791 the plaintiff had lent the sum of 9,0001. to Sir John Pechell, who, besides a bond and mortgage, had ex ecuted a conveyance of his estates to the defendant, as trustee, in order, by sale or otherwise, to pay off the debt. In 1796, the Plaintiff arrested Sir John Pechell on his bond for 18,0'901 And threw him into gaol, where he has lain ever since. He likewise took possession of his estates, and tiled his bill of foreclo sure. In 1798 there was a decree at the Rolls to an account, by which the Master was directed to take an account of what was due to the plaintiff for principal and interest, on the foot of the mortgage, and of what had been received by him out of the estates of Sir John, tip to the time of taking the account, and to strike the balance between the two sums. The ac count was accordingly taken, and the Master's report confirmed in 1800. The petition now presented by Sir John Pechell prayed, that the decree might be varied, by directing the Master, in taking th! ac connt, to make rests, from year- to year, a; plying the rents teceived between each period, by the plain tiff, to discharging the interest, in the first place, and then in reductio9, of the principal ; by which, it was contended, it would be found, that not only nothing . was due to the plaintiff, but that, on the contrary, hoth the person and estates of Sir John Pechell were in the custody of his debtor instead of creditor. Mr. HALL, for the plaintiff, contended, that the Chancellor could not now interfere with the decree, both from the length of time elapsed since making it, and from the acquiescence of Sir John Pechell in the report, to which no exceptions had been taken • and for this purpose he cited a decision of Lord /brat wicke, under similar circumstances. The LORD CHANCELLOR said, he would take till to-morrow to look into that case, before he decided on the present application ; as he felt extremely in• eked, if he could, to compl/ with th..l Under the terms of the decree, the Dittster could no: take the ,account-ot4tee,t4an.he did.; ..b.utalleagsf),•. l . be no doubt but that, in that way, FiitTieliThirej it • be done between the parties. However, N% :I;lekTr might be his feelings as at individual, he lutist g iu the character in which he sat there. 'l'. ArIONNUY GENERAL V. THU GovE.RNons or ouritto); CRARITY. This was a Charity founded by Edward VI. by which the tythes of two extensive parishes were ve ted in the hands of twelve Governors, f r the parpose of supporting three clergymen, one at Crediton, a se• cond at Exminster, and a third at Tadford, in Devon.... shire, together with a grammar school at Crediton, iliad for educating certain poor scholars It The remainder to be appropriated to pious uses. The value of these tythes in the reign of James I. was 11001. per annum, and their annual produce now w:is no more than 13001. while their estimated value v.-es at least .55001. a-year. The reason assigned by tie: plaintiffs, the clergymen of these parishes, for this i .•- markable difference was, that the Governors of the Charity had, from time immemorial, consisted of the land-owners and occupiers of the parishes, who had • given. a lease of the tythes to their tenants, at the in adequate modus of only sixpence half-penny in the pound rent, the obvious effect of which was, that these tenants were able to afford a greater rent to their land lords. This cause had already come before tip Court, and his Lordship had ordered that the present moduses should cease and determine, and that the Master should take an account of what was the real value of these tythes, and should receive proposals for letting them out, on adequate leases, for the benefit of the Charity. Sir S. ltomier.v now applied, on behalf of the re lators, that the Governors, who were land-owners and occupiers, should be made answerable to the charity for those sums that had come into their own pockets in the shape of increased rent, from this inadequate modus, at which they had thought fit to lease out the tythes. Mr. HART, for the defendants, contended, that his clients had not acrually gained any thing by this small modus. The remainder of the charity, after the clergymen and the school were sufficiently supported, was to go to charitable uses in the parish of Creditors; and, consequently, had the tythes been rigidly levied, the produce must have gone to the poor of that parish, and kept down the poor -rates, which were now ver considerable, and rained principally on the lands, if not solely. The farmers, in tact, had paid for the poor, in the shape of poor-rates, what they would have paid in the shape of tythes for the same object, had. the modus been larger. Their rents would have been the same in both caes, so that nothing had been de rived to the defendants from this inadequate modus. • The LOUD CMANCELI.OR said, that hewe.ver inge nious the reasoning o M r . Hart was, yet it was quite impossible to admit It, for it would tend to give an, intolerable latitude to the Trustees of all charities' whatever, of which that Court was the special guar. dian. He was far from ascribing improper motive to the guardians of this charity, for the abuse had ex isted long before they were chosen, and they had pro . - bably never thought much of the matter. He must add, however, that had the lauds of these Governors lain in another parish, and net in this, they would probably have known how to exact the tythes for the benefit of the charity in a very different manner. In cases of this sort, it was usual for the Court to make such Trustees account for a period extending as far back as six years ; and he was clear that these Gover nors must account for what of the tythes they may be calculated to have received in the shape of rent, for a similar period. COURT OF KING'S BENCH, JULY 5. PARKINTON V. ONIONS. The Plaintiff was the drawer of a bill of exchange, of which the Defendant was acceptor. It appeared, that the Plaintiff had been sued upon this bin; on ac count of its being dishonoured by the acceptor ; the bill was for. 91. The suit had been brought in the Court of Requests for 51. where the holder had re covered of the drawer, and that 'sum was indorsed upon the bill as having been recovered, and this action was brought for the remainder, against the acceptor. Lord I.LLENnonouutt—" This is absolutely insuf ferable. Here is an action commenced upon this bill' in the Court of Requests, and 51. which is the extent. of the jurisdiction of that Court, recovered on it, as appears indorsed upon this bill, and then a suit is brought in this Court for the remainder ; so that, in stead of relief by the summary proceedings of the Court of Requests, the party, is treated with two suits instead of one—that is, instead of economy and relief, he meets extravagance and oppression.. This is most ; vexatious, and absolutely intolerable—and if there be any more of it, an end must be put to the practice.". Verdict for the Plaintiff—Damages 91. . WEST V. TWELL. This was an action of slander, in saying of the plaintiff that he had written an abusive anonymous letter to the defendant, and had perjured himself by denying it on his oath, by which a person who had retained him refused to employ him, and he conse quently lost his service. The circumstances of this case were stated by Mr. ATTORNEY GENERAL as folloW :—" The plaintiff had lived as shopman with the defendant, who was a linen-draper, in Bishopsgate-street, and had been dis missed from his service. The defendant afterwards received an anonymous letter, accusing him of " star ing his young men out of countenance, of dismissing them without cause, after hard labour in the service of such a bare as he was." This stupid letter, he conceived, came from the plaintiff, who, to satisfy him that it did not, made voluntary oath before the Lord Mayor, that he never wrote it or knew its con.• tents. The defendant, however, did not believe it, and to a person who applied for his character, said, that he had written this letter, and afterwards per t pred himself in denying it on his oath. He conse quently lost his place, for which he brought this pie. sent action. The Learned Judge held, that there ought to be some proof of malice on the part of the defendant, and as there was no such proof, he directed the plain- I I tiff to be Non-suited. Di . _ • . I • 1 1 ‘• • I ' t A • . • • I • L' , t e , • • is Ll - r. td a - 3s DAVID PLAY/PAIR, 88, Little East Cheap. Wax and Tallow. Chandler, begs leave to inform the Putoic, e isnot the person mentioned a! the trial of the Earl .a Leicester's cause, reported in the STAR of die ala , of June last. •