Star. — London, England, 1807-10-24 00:00:00

NfIUTICIL INTELLIGENCE. Pub% MAILS—Wind S. N . T. /DC DUE. I I I Oettonburgh S I I Lifbon • ARR. • RIM 3 1 0 0 • F • • FALMOUTH, OCTOBER it. Arrived his Maid Ihip INnEravtomics, from Plymouth, with ■ fleet of vieluallers for the fquadron rs4l Rechefort.—Sailed the American brig Juliana, Wita.taras, for London.—Wind S.W. PLYMOUTH, OCTOBER as. Came in, the Charlotte, Cspt. Jauar, from Wa rrington, with naval flares, for this port ; the kefn. htian, Capt. GRIGG, from London ; Ver Broders, Zr LE30014, from London. Sailed the Garland, of s 8 guns, for Cork. PORTSMOUTH, OCTOBER 23. Arrived the HARDY and HEARTY gun brigs from acr tin ; alfo a veffel from Monte Video--have not bef - able to learn her name : it is reportq that Gc- WHIRELOCR IS come home in her. Sailed, his Majefly's (hips CUTTLE, with difpatches for New foundland, and the SUCCESS, with a convoy for the Downs ; alfo the Fox cutter, of this port, for Lifbon. The following (hips are appointed convoy, viz. the CROCODILE, for the Cape of Good Hope ; the ME- 1 LISA:. FR, And the HAZARD, for the • Weft ladies.— Wind N.W. • DEAL, OCTOBER ss. • • Arrived - tbe,Furrintis gun brig from a cruize off Offend ; KANGAROO mop with a lugfa il boat, with contraband goods on board, which were lodged in the Cullom Houfe warehouse here. Sailed the Bus mutt gun brig on a cruize off g. The Hum. ber armed fhip, Weymouth Ilorefhip, Deptford, and Difpatch naval tranfports, Findon hired flonp, with a amber of outward bound merchant veffels, got under weigh this morning, with a light breeze from the eaftward, to endeavour to reach the port of their, deffination ; but the tide coming againa them, and being but little or no wind, they put back again and anchored. About three o'clock they got under vretgk again with a moderate breeze at calf, and a very great profpeft of its continuance. But before they could reach the South Foreland. a mott rremen. l dons gale arofe in an initant from the fouthward and ealtward,. when it was with the utmolt difficulty they were able to wear round in time to get off' fhore. The Deal boatmen got their boats ready in atort time, and went off to their affiltance (to the great danger of their live') and carried feveral of the v.Jlels into Ramfgate Pier. Fortunately only one velfcl.got on fhore (which is a large Danifh fhip with dtals firm London for Liverpool; the is bilged, and it is feared will be totally loll), out of the great num ber that were at that junfture near the fhore.— Several of them parted their cables in bringing up ; the Humber fired feveral guns in the evening for of ffance ; but have fince been informed fhe wanted an anchor, having previoufly parted from one.— Cannot learn that any material damage has been done to the veffels which remain in this roadstead. OCT- i3.—Arrived the Satellite Hoop, Phofpborus fire veffel, Cracker and Wrangler gun brigs, from off the Coati of France. The Satellite and Wrangler have failed again to refuine their nations. • In the Downs—Princefs of Orange, Canada, Clyde, Weymouth, Satellite, Skylark, Kangaroo, Blood.l bound. Furious and Cracker.—Wind N. W. SHEERNESS, OCTOBER 23. The Baltic convoy failed this day under proteftion of the SPITFIRE floop of war, with a Fine breeze at S. W.—The RENARD iloep . of war, Capt. Mortars, was . paid off to-ray. We had a ftrong gale laft night at South. The SPITFIRI drove on Grain Spit, but was got off without having received any injury. A boat belonging to the THRASHER gun brig, with two men, was fnppofed to have been loft, but fhe returned this morning, after having been driven on the Hex coall, where the men fortunately got on bore, and were comfortably provided fir by a hof pitable country Gentleman. A new frigate arrived Eere this morning under jury malts, to be Sued out. The MARLSOROUGH was paid wages yeterday, and the THRASHER gun brig to-day.—Another Baltic convoy will fail nn Tuifday next. YARMOUTH, OCTOBER 23. . Arrived this morning from .Gottenburgh, with intils . anci palfengers, the Lord Nelfon packer. Capt. STEWART ; and the Earl cf Leiceller, Capt THOMP SOR...-SAlled the Carrier cutter with an officer, with difpatches for Copenhagen. Yeflerday we experier ced a heavy gale from the S. and S.E. in which the following ve (Fels were drove on (bore, viz. near Cortcn, the Orpheus, J. MAR CHINE 'taller, of Whitaable, from Shields, with coals, crew Paved; the tbip is expeCted will be got off—the Hopewell, J KIDD wafter, of and from Sunderland to Rochetter ; crew favf_cl, but the fhip is likely w become a wreck—the Nancy, of Scat bin', S. &Tx, Wen with coals—a boy from this port foundered in Liweltcft Roads, on her pmfrage to the Continent— feveral valets are drove on fh)re to the Northward, but cannot obtain their names for the pod. DISTRIBUTION OF PRIZE MONEY. The Prince and Impetutux, for la Bonne Societe, captured June 1 1,t833,wi1l be paid en Tucfday next, at No. tB, Clement's Inn ; std there waned on Tucfdays and Fridays. The Bold, for the capture of the Diana, May 2 t , the Mac, Tune 19, slob; and the re-capture of the Deli& and Five Brothers, 18, 1807, will be paid en hoard the Bold on her arrival, and walled at the fame times and place as :he Prilic..!. The Dori,, for the capture of the Tonle Barenee. and l'row Jatrze, June t, 1803, will be paid and :L...4110 tic fame times Ca place as the Prince, &c: ARRIVALS. Off Dover—Valiant, Owen, from Dublin—Off Shields, Catha rne, 14I'Kelland, from Davis's Strcights—ln the Clyde, Uenrge, Tayler, from o,ilebec—At Cork, ArnoLitrite. CoMurn. from Chartefton—At Falmouth, Verogan, Lolinta, from Bal;:nun e— in Dublin, Neptune, Straehan, from Stmehitolni—At Maria, Maedoogal ; Sally, Oliphant ; and the Indultry, Huntlry, hen Liverpool —At Surinam, Alexander, Vieftcott, from Liver /MI; and the Hope, M`LotLi in, from London. The Thames, Gardner ; Cyrus, Pinkham ; Serin- VPatam, Clark; and the Ferfeyerance, Stayers, trolls London for the South Sea;, were all well on the Coalt of Peru—the 111 in March, the zd in April, and the two latter in May lad. The 'Union, Bigby, from Baltimore for Ccrk, is on Clore near Kinfale—crew. faved. The Vigilant, Gay, from Londo;., was loft in going mod Cape Horn—crew laved. The Dragon, Holbrook, from New York fet Ant werp, is ltrauded near Floating. The Chrifliana Elizabeth, A nderfOn, from Memel, ':randtd peat Windan. FRENCH COMMERcIAL COD:• The Commercial . Code ,uf Lows, entitled lg . Tlee: Code A afrole"" has been at length. Completed by the! Legiflative Body of France: It occupies 36 columns of the Moniteur, andis contained in 'four bonks;' each' confining of a different number of titles; as they..are termed, and Come titles containing fobordinate divi• lions into fettirms. We can do liitle stanvie than give a fummary of the contents of thifite)luminous legit lativ-e ena&ment, which is to foperfede all other com mercial laws whatever, from Jantsary next, t 808, when it commences its operations in France.—lt teems proper, therefore, that the mercantile intereil of this country fhoold have fume notion of the fyflem by which their future tranfi&ions with the fubjeCtsofßo naparte will he regulated, if indeed-any commercial intercoufe between the two Countries be ever fuffered to take place. 3008 I. TITLE 1.-.--WHO ARE MERCHANTS Minors, from the age of 18, and married women, with the perman refpeatvely of parents and huf bands, may be confidered as Inch, and be bound by commercial obligations. But they mutt not be the mere re•ailers of the goods of parents and hufbands, but have feparate, or partre (hip concerns. Under tbefe refirielions, they may pledge or alienate their moveables. But a wife cannot alienate her marriage fettlement, except under forms I?ereafter Itipulated. TITLE CnbIETERCIAL 11 0 0113. Every merchant is obliged to keep a Day Book of all his debits and credits, of his negotiations, accep tances, and indorfements. He is likewife obliged to file all the letters he receives, and copy thole he fends away. The Books which he is obliged, by the above articles, to keep, (hall be vifited and examined by one of the Judges of the Tribunal of Commerce, and may therefore be admitted as evidence of debts: none elfe can be fo received. TiTLB 111.-NF PARTNERSHIPS •Ntl THEIR. ItiGUL•- Tiows. This contra& is governed by the civil law, the par ticular laws of commerce, and the conventions of the parties. • There are three kinds of partnerfhip : t 11, Under a collative name : ad, By Commendam : Anony mous. The t fl is an ordinary partnerfhip, with joint ftock. The zd is one where one or more of the partners hire flock, who are called Commenditaries. The 3d does not ezifl under a common name, but is carried on by agents [in the manner of our Infur ance Offices, Etc A minute of the contract of partnetfhip muff be fent within a fortnight rf its date to the Regillry of the Tribunal of Commerce, in the dills-id where the commercial houfe is eflablifhed, in order to be hung up three months in the Hall of Audience. If the Society confifis of differtnt hooks in different dif trias, the minute mutt be hung up in each of them. The minute muff contain the chriflian and furname of the partners, their rank, and place of abode; the reafon of their uniting in a commercial partnerfhip , the defignatiori of thole who are authorized to ma nage the bolinefs, to adminilter and fign for the Tell; the amount of their joint hock, either aftual or in commendam • the time when the partnerfhip begins, and is flipulated to end. Exclufive of there partner. (hips, other commercial affociations for an exprefs ob jet ate allowed, and are not fubjea to the above re- SECT. 11.4—fIT DISPUTES BETWEEN Thefe are to be referred to arbitrators, from whofe decifion there lies an appeal to ,a Court of Appeal. In cafe of a divifion of the joint flock, a fuper-arbi trator is appointed for the purpofe. TITLE IT.—This regulates the feparate property of partners, in caf.s of mat iage fettlemen ti , di vorces , &c. dotal rights, and claims of feparate maintenance. Tyrt.s v. treats of the 'Change, and its agents and brokers. &cr. I. explains the nature of the 'Change Will. The refult of the tranfaCtions on 'Change determines the courfe of Exchange, of merchandize, of infur ances, of freight, of public effeCts, and all other things of which the courfe is fulceptible of vaill./11' , D. SECT. 11.—OF 'CHANGE AGENTS AND BROICkitS. The law acknowledges fuch, but they are to be named by the Emperor._ They have the exclulive privilege of conducing public money tranfaCions, and negotiating all kind of commercial papers, of Rating the courfe of Change —the current price of public commodities. In cafe of law.fuit, on this fpecies of property, of tranflat• ing, if fuch tranflations be neceffary, all declarations, inturances, checks, acknowledgments, Bcc The fame individual may unite the functions of 'Change Agent, broker of rncrchandize and infurances, in terpreter, and conductor of freights. But he can On no account (on pain of a penalty not exceeding 3000 franks, deprivation of his office, and further liability to an aelion of damages), engage in any banking or commercial operations, on his own account. He cannot engage, tither directly c indirerlly, in any commercial enterprize. He can neither pay nor re ceive money for the parties for whom lie is agent.— He cannot even become guarantee for the execution of the bargains he makes. TITLE OF FACTORS (COMMISSIONAIRES) IN GENERAL. Such perfons .1:z to have goods entruiled to them on which they may make advances, and fecure them felves by taking the goods for Pale into their own warehoufes, or placing them in public depots. The faftors, in cafe the principal fails, have precedence over the other creditors. SECT. IT. AND 111. There are divided into two darks, land and fea• faaors. They may fell the merchandise before its arrival, make advancea, and are anfwerable for hires. Trrt.r vir. relates to Purchafe and Sales, and the legal teftimonits of them. TITLE VIII. is a very extenfive one, containing 13 feetions, which regulate all the minutia at money matters, by bill, check, &c. &c. ; the time allowed for their running nut—the rights of the beater—ac ceptances, pronrifrory notes, drawers and acceptors loch, whether payable upon fight or upon date— prr•tells, payments, direct or by intervention--and, in fhort, confines all the vagrant firearms of commer cial fpeculation, which ought ro over fl w and enrich the land,to certain defined, narrow, artificial channels. When letters of exchange are drawn from France, payable abroad, and are pro:efled, the drawers may be come upon in two months, for thofe that were . , payable iu Corfica,.the Wand ot,F4be, Capraja, e t i n England, and th e States botArmit on France ; in four months, for cilia patißle in the other States of Europe ; in firinonihs; fEtellieOte,vant, and the northern voilitts of Allier.; tticilve months for the Weq Indies, cncl two year; for a th e r a ft. Roos It. .vit'sx t. relates to veffels and (mall craft on the tea. They are termed moveables, and are liable to all d e bts. There are regul at i ons f or t h e i r tackle, fails, equipage, crews, tonnage, wages, &c. TITLE ti. dire is the fcict;Ye and Pale of yards for debts. TITLE tit. relates to the Lip oiners ; they a7e anfwerable for the faults of their caVtaid and crews, to the owner whofe roods they convey. TITLE :v. contains 48 articles refpeding the Cap. tain, his duties and obligations. He is to chufe and pay his crew—he mull keep a regifler—he is perfonally to have the command at the entrance and quitting of all harbouri, ports, and nations. On entering any foreign-port, he is bound to vifit the French Confill, to teport to him whatever he his obferved, and to receive from him a certittate, Rating the time of his departure and ar rival, the condition and nature of his loading. TITLE v. regulates the engagement and wages of failors. The fhip and its freight are always answer. able to the legal demands of the men. TITLE vt. relates to charter and freightages. TITLE vet. bills of lading. TITLE vitt. freightage or bargain between the owners of Mips and thofe of merchandize. TITLE IX loans upon the grofs. TITLES r. xt. inkrances, underwritings and walks. TITLES XII. XIII. xiv. are the other titles of this book, and relate to throwing overboard of goods,&c. BOOK 111.—Ailurer and Baniruiracies. This book contains five titles, with a great variety of fubdivifions : The bankrupt mutt make the decla ration of his Hopping payment to the Regiftry of the Tribunal of Commerce within three days of the event taking place. All Commercial Ads for the Taff ten days preceding this difclofure are invalid : A Judge, Comrniffary, and Agents, are appointed to condud the affairs of the bankruptcy. Thefe are to be paid out of the bankrupt's property, except they are themfelves creditors, in which cafe they receive no remuneration : A bankruptcy.is fraudulent, when the bankrupt conceals his books, his property, his debts ; has purchafed immoveables in another name, &c. and he and his accomplices are immediately to be transferred to the criminal ttibuaals. Bocut iv. and !aft, relates to the Coaftitution of the Tribunals of CoMmerce and Commercial Jurif prudence : There Tribunals are to be Rationed in every arrondifrement. The number of Judges in each are not to be under two, nor above eight, ex clufive of the Prelident : They are to be chofen out of an afTembly of refpettable merchants (ummerfans notables). They mutt be above thirty years of age —can only be elected for two years. A Regittry and Book-keeper muff be appointed by Government. The matters that come under their jurirdidion relate to every tranfadion of every defctiption between tra• der:, merchants, bankers, agents, faCtors, commit . - fioners, brokers, &c. The Court of Appeal has no power over their jai-nit:lion, except in the cafe of fume exceeding moo francs. Such are the limitations and reariaions by which a Warrior has thought proper to confine and direa the commercial operations of his fubjeas. It was a wife faying of the Minifler to a great Monarch, who fat upon that throne where NAPOLEON BON &PANTE is now placed, when the King demanded of him what he could do in favour of Merchants ? 4 , Les IdJ[ez " --,, Let them alone," Paid he. This does not feem to have been confidered in the prefent inflance. A fortunate General and a metaphyfical Divine, it will be found, we have no doubt, whatever their other talents may be, are not competent judges of the na ture and foil in which alone commerce can thrive.— the force of the cne, and the dexterity cf the other, may perhaps bend the plant to their will, but the conkaint they impofe will inevitably flint its lux uriance and fpoil its growth. WESTMIAST.ER SESSIONS. YeffeYday being appeal day the Court wasoccnpied until a late hour in hearing feveral caufes of that de fcription, but they were not of that kind which ex cited any material interea, except to the individuals immediately concerned. That which molt attraeed attention was an application to gnat a convielion for a nuifance alledged to be committed in South. ampton.lireet, Covent Garden, by the ereelion of' a new front to certain premifes in that Ilreet occupied by Mr. Pococke. The grounds upon which the cr.n viCion touk place were two : the one, that it pro_ jthed beyond the diaance from the wall r f the houfe as eni.ined by the A& of Parliament ; and the other, that it was compofed of materials (wood) contrary to the ranee aft. Mr. Cott sr, in fuppott of the convidinn, delivered in the tece:fary documents upon which it was foun• ded, and exptetred very conliderable alionifhment that any appeal fhould be made againfl it, and fu li more, that any pretence prevailed by which it could for a moment be fupported, it having been proved to the fatisfadion of the Magitirates before whom the cafe had been heard, that the flrudure complained of was an eredion projeding beyond the bounds pre fcribed by law, and that it was compofed of wood initead of brick or Clone, which the Al direds it fhould be made of. He therefore contended it was a gond convidiqn, and could not be diliurbed. Mr. ALLEY, for the appellant, took a great many ohjedions to its form, and &knifed them at confi derable length, to all of which the Counfel for the refpnndent replied, and they were feverally over•roled by the Court. The main objedion, and upon which be molt relied, was, that upon the face of the record, namely, the convidion, it dii not fet forth in legal terms the title and defcriptinn of his Majeffy, in ' whofe name is was made, as it fhould have been let forth purfuant to the Al of the 39th of the King, commonly called the At of Union," which ex prefsly declares what that title (hall be, to wit— ,' George, by the Grace of Goo, of the United King dram of Great Britain and Ireland, King ;" but that, intiead of filch, the convietirn fct forth the title which his Majefty fonained before the Union, in which Great Britain and Ireland were exprelred without the words United Kingdom." and-crntain• ing the addition 4. and fo forth ;" which addition, be conterded, did not comprehend arty part of the now title of his Majeßy, ;pd therefore by deCcribing him rgl:!rtvile than by Roial Proclamation and by law he was defignated, the conviCtion fo erroneous was invalid, and onghi to be qualhed. Mr. Con sr, in reply, argued that the words were nmely furpluttge, and that if they were (Truck out altogether, the .cinvittion would read equally well without them. But Isel would not reit wholly upon that principle. The words " and In forth," were weal under-flood. and meant leveral titles which hits Majelty actual y polllffeA, though, to lave trouble, were not expreife.l n ow , even on t h e co i ns : for in. flanc:, his Majelly was, and Rill is, Duke of Brunt. wick and Lunenburgh, and Treasurer of the Holy Roman Empire ; hut, to fay.: the none eft ry:tronble olio much recitation upon the modern coin of the United Kingdom, he is briefly defignated " Georgic:, Da Gratia, Rex Pritanniarum." It was, therefore, not that he did not potieft, Sut that he did not apply thole titles upon all me ifi ms, and confequently having them, evrryderree tinder hi, auth,rity might legally exemp;Py.ali la the words .‘ and ci forth." The Court deliberated tome time, and deciding againfl the obje6tions made by the Counfel for the appellant, confirmed the conviction, fo that the re fpondent, Mr. Pococke, muff :bate and remove the nuilance. The queilion of the propriety of charging sd. for booking at an inn, upon goods coming by the coach or waggon; was argued very fully. The Court was of opinion, that where goods were left for rime time in the watehoufe, a feparate charge might be made far the care and trouble of the innkeeper in keeping them there ; but that the Legillature by providing ezprefsly for fuch cafes, and itipulating what was to be paid for carriage, and what for porterage, meant to include, under the heads carriage and porterage, every expence that was neceffary for the conveyance and Cafe delivery of the goods. The at of entering the goods in a book, the Court decreed to be a mat ter of convenience to the perfon uko was employed in the conveyance of fuch goods. Seven journeymen shoemakers were indiffed for an alfault upon John Francis. The profecutor (Wed, t hat h e wa s alto a thoemaker, and that he worked for a Mr. Taylor, in Weliminller. He belonged to a fociety, of which the Defendants were alfo mem. bets, and having incurred a fine, he was told by his matter he would no longer employ him, if he did not go and fettle the matter with the toddy. He accordingly repaired to a public houfe, where the fociety met, when, after fitting fame time, he was affaulted. and turned cut of the room by the com pany. He diflinftly (fated, that none of the Defeo • dants (truck him, the alfault having been committed by others, and he had indided the Defendants at the fuggeltion of his father, as they had countenanced and encouraged the others in beating him, and turn ing him out of the room. Mr. MA INWARING faid, this was the moll filly and ridiculous profecution he had ever wittiercd. The Jury acquitted the defendant , . is there was no evidence of their having been the °trending parties William Knight was tried for ilealing about a p and and a half of flocks, the property of Edward Binns, Mount-fired, Grofvenor-fquate, on the 26th of Auguft latl. The protecutor flared, that on tie day mentioned in the indiament, he had teen the prituner fill his rads, and even his breeches, with the Hocks, which were then produced. The Pi ifouer could, if he chofe to be indultrious, earn tas. a day by working piece work, and wth king day•wcrk, the Prcticuter would be very willing to give him a guinea and a half a week. The Prifoner did not deny the faa, but called fame witneircs to his charaCter. He was tii,n I. , und guilty. and fentenced to be imprifoned two months. John Sprott and his wife were tried upon an in. dittment tor affaulting Mary Hew ir, at Crown -court, Soho. It appeared from the evidence, that Mr. Spratt is a refpedable rnanufaaurer of muffins and crumpets, in Crown court, Softy, and his wife a relponfible dealer in culinary vegetables, occur.) ing the lame fhop.— Mrs. Hewit relided next door, and was an extenfive profeffor in the fame kind of botany with Mrs. Sprats. Some degree of rivalry was naturally enough excited between the ladies by this circum fiance, on the old principle, " two of a trade," &c. and on the morning of the affault tome bickerings had arifen ; but towards the afternor n, as Mrs. Sptatt was preparing topubryh, according to cuftom, a large edition of piping hot crumpets, it was whif pered to him that the profecutrix h.: d laid fomething which implicated the veal purity of his lodgers, and colfzquently, the charaiter of his houfe. He went forth, therefore, to interrogate Mrs. He wit, " how the could purfitme to offer to fay any thing to the ditpa ragement of his houfe And, without waiting for an anfwer, he advanced into her gait ifon, followed by his wile, occupied her magazines, and commen ced against her perfun fuch a general diicharge of cabbage, turnips, carrots, parfnips, potatoes, Jeru. falem artichoaks, onions, walnuts, apple., and all kinds of vegetable ammunition, round And grape, as quite to :Mound poor Mrs. Hewit, and excite her tears that the was to be rooted out of the world. Mrs. Spratt, at the fame time that her hqband was carving on the war by land, was refolved to fuf tain the attack by water ; anJ, applying herfelf to a large tub of that cool element, which Hood in the corner for the refrefhment of Mrs. Hew it's drooping vegetables, with the cup of Dirrgenes, namely, the hollows of her hands, fheferved out the water f r co pioufly upon Mrs. Hewit'a perf n, as, in her own phrafe, " not to leave a dry thread upon ter carcafe." To crown the whole, Mr. Spratt, with hi, clenched fill, tipped her filch a Gregfon between both eyes as quite thinned her. A witnefs, who was paffing at the moment, and faitained divers contution.; born a viley por t :m ei diicharged by Mr. Sprats, supported the telliznony of Mr► Hewit. On the part of th etraverfers, their !a ndlord appeared ; and he was not only In deaf hirntelf kart/1y to hear a qusttion of Cuunfel, but teemed determined to re.!.uce his audience to the fame level, try tpeaking In low as tv be fcarcely audible. He c , uld only liate, that ho-heard vet y ditagreeable %voids ufed the fame morning by Mrs. Hewit to the traverfcrs, but he c ,uld lay nothing as to the affair of the allaitit. The travellers were both convidedkand the huf band fined I3s. 4d. the wife 6s. Bd. I .~ •