Star. — London, England, 1804-12-22 00:00:00

.400AUICAT CC: UNCIL of airr o f LONE= Yellerday being St. Thomas's Day, the different Aldermen of the City held Wart'motes in their re fpeaive Wards, for the purpofe of fwearing in die Ward Officers for the year enfuil.g, and making a return of the Gentlemen to feree in the Common Council. Never was the fpirit of oppolition lefs ma ; even the return for Farringdon Without, which has for many years been warmly contelled, yellerday paffcd without one tingle alteration, as did the returns in the follow ing Wards : • Alderfgate Broaii.ltrret Cocain /Wpm Calk LltynAnt CripPcsate Within Boa glow Cheap Crippirpiti.Without Bil&legate Cuichian-ftrect Dowgate )3 i=s et Cotawain‘r I.lase.Areet In the Ward of Farripgdon Within, the following alterations took place : - - --- _ Mr. PIICICULD, Mt WiLus,and Mr. Coort, Mr.WataLk, were ehofen in the room of - - Ur. WINSTANT LI Y, Mr. HAYLION. and Mr. PowiLt, Mr. Hoare s. wbo have ►efiBned. . In QLteenhothe Ward, Mr. Jolla Wittlaw Goss Will returned in the room of Mr. Btowa, who has Majgoed. ihs Wa'brook Ward, Mr. BILL was returned ill the room of Mr. Snap, refigned. ARMOR wad". reprefintatign of this ward, which has redlaio td for a (cries of nine years, was this year conceded by fonte new Candidates, and a poll demanded I at the dote of Which, at four o'clock yif terday, the numbers were as follow: Weeks. &mini Man. pares . 7 Melia - Roberts • 7 E ce Brown - - 7 Oarratt Joyner 6 *reside • Pub - s bad - - . 4 Dut - 4 l4ikby - Lacey - • 3 This morning the Poll will be again opened, and on Monday afternoon it will finally dole. eoWeit WARD. - _ In this Ward, on the thew of hands, Mr. BILIDGIi, a new Candidate, was returned inficad of Mr. GlL so*. one of the former Members = on which a Poll was dernanaed by the friends of that Gentleman t at the clefs of which the numbers flood as follow Mr. Same Mos • 47 Mr. noon. Fothsrgel 47 Illamas.Dentos • Chubs smart • 44 M. Loom • . 4 Samuel Walker • 43 lansos MI6. • 46 T. Beldits • •• 16 • 4$ brieet trria= l" • 33 Dodd Ling 46 .soul Wriglot 4 6 'lea conceit is espeded to be the warm& that has this Ward for many years. The Poll elate be Monday nest, at two o'clock. • . YeiterdaY 6101isiM the gar) of Morita, Mr. Fox, sad Der. Sustasses. had long audiences at Carleton- Hoare I sad Attie/wards fted with his Royal High ids this Ponies of, We Lai, together with the Duke of Cettieueo, Lord Ho rco Poem', gr. Easels', atid Dolma *Mawr. We a r e 'NIPPY to hear that Lord Motta has re- Mama the hot and popes; notes at Stamford. Sir W.Basa, his Lorrlfhip s Aide-ik-Cansp, sient down to Studforel, and after much hatch, the box was found, with all the papers it contained, but the rob bers aided off a gold watch and Tome Scots Bank Notes. Not beinOble to open the lock, the thieves bad knocked ont the bottom of the boa. Lord ?sill held his Chriflrom ad?! on Monday and Tads* len. at his noble manfion, Thorndon Nall, Ma. Between two , and three hundred of his Lordihip's senantry were entertained in th e hall, is the tree Ityle of till/tint hofpitatity. Thorfchry the Aaniverfary Meeting of the Society of School-mancea was held at t Cown Ind Anchor Tavern the Rev. Dr. Vie sse i he n C r e Chair. Thisbe. nevolem Inftitutiott, which has for its objee ths fup.. port in Cafe of ind i g ence, of that molt valuable body I of Oemlerisen who have the care and inarueint o ff the lid 'oaththe kingdom, has already acquired o of and permanent e flablifhment. Many of the mart ex- shed tharaders of the kingdom have manifeiled their patriottfm in becoming contributors to its fund. — Among other liberal befief2Blool on Thurfilay hill, we heard that of the amiable Duke of Nosr “ u sr. a 1111LAIND for twenty gu ineas with heartfelt pleafure. All the principal Matters of our public fchools, as well as thole who after long and 'meritorious ferviccs have been advanced to high nations in the Church, or who have retired to enjoy the fruits of their la bour, countenance the inaitution, and honour it with toeit ptefence and fupport. The day was fpent with the highen convivialit/. The elegant Song of Mr. Sven ssl--The Three Bkifings of thisWorld---"Wife, Children, and Friends,' —was rung by Mr. DIONUM to a few fimplenctes with fuch charms of intonation, truth and feeling, as to produce a rapturous encore. Mr. Rs i tv—the Treaf o rer's fine Song of the ' Va cation,' was alfevftwqrwith great effee. The healths of the Billop of GLOUCISTER, Prefident of the So ciety ; of Dr. Pala, Vice Prefidcnt, and of Dr. RAlst, who were prevented from attending the Meeting.by indifpr Gijon, were drank with that affec tion which their high merits and talents pundits of VINCINT having retired, amidil the plaudits of the company, Dr. C. Bougie was ofunanim theoully called to the Ch air, and he kept op the fpirit Meeting for ao hour or two, with the exhikration which the benevolence of their objea was calculated to infpire. The late infily revered and celebrated character, Alderman BOTOILL, mull have felt, previous to his deceafe, much fatisfaeion from knowing, that eagerly every Ticket, in his valuable Lottery. had been fought sifter, and difpofed of. The fortunate hold. ers, Indeed, of its more capital prize., will poffefs a lilting monument of his great profeffonal defert, and public fpirit, in promoting the intereft and fame of the Graphic Art, which fences fo bright a luflre and honour on hi, country. But while sve ray this tribute of due re f p eel to the memory of el in An fo highly eneemed. and record the alale zcal of the II public to attain works of Inch pre-eminent defer ip (inn, it would be injunice not to obferve t that the relent State Lottery is one of the moll important Torintrinfte richnefs of Scheme' And attractive from 1 11 'twee th e interell, that ever bore a fit ii rate diflinc ti'm ill the annals of Fottune's WheeL IP3frICH, DECEMBER ze. SHOOTING PARTY. On Wedhefday lilt !even Officers of the North York Reg!Meet made a party to (hoot along the banks of the rival. Orwell; on coming to the beach it was agreed that four fivould go to the oppofite fide, which they accordingly did, leaving Captain Jou son, Mr. SvtaumO, and Lieut. Mews on this. Thus fepa rated, they went on till Lieutenant M. taw tome birds, which he immediately runup to fire at. The uncer tainty of human events, and the kind int inn of Psomsses were never more forcibly witneffed than by this Gentleman. Captain J. and Mr. 8. who waited the event, had fortunately remained at fome &lance : on firing, his gun built in two different places, and the flock, lock, and barrel were corn pletely fhivered to pieces ; but we are happy to fay, incredible as it may appear, that he was not in the lead hurt. The other four gentlemen, about fix o'clock in the evening, had got into a boat with the idea of rejoin ing their party ; but tbi tide going quickly out, and having got an unskilful pilot, were foon drove on a bank, where, for a lung time, they had no other profptEt than that of fpending the remainder of the bight in that difmal fitucion. It was at length deemed expedient to get out and put all bands w. The boat was thus, with fume difficulty, got "E, but Fortune teemed ftill to perfeepn them ; for, very (portly after, they loft the Channel a 'icon,' time, and were again duck fall in the mud; but being within :So yards of the (bore, rather than put to tea; again, they determined to wade through, which they did fafely, and in this uncomfortable ftwation walked home to the barracks, where they arrived at twelve , o'clock. L4# INTELLIGENCE. COURT OF CHANCERY, DEC. sz. The proceedings in the early part of the day refer red to the lituation of lunatics, us the cafes of ex forte" Steel, in the matter of Hucks t" ex pro " An thony and Sophia Green, in the matter of Grim. thaw ;" ex tem " Wilfon, in the matter of Robinfon," and numerous others. Under the astute of the 17 Edw. If. e. to, it is declared, that the King flu& provide for the caßody and fuftentation of lunatics, and preferve their lands, and their profits on them, for their oft, when they come to their right mind. The petitions to the Court were either in the nature of the writ dr itisse firmed', or were applications for the appointment of committees for the fecurity of the property, for the place of refidinci, for the al lowance, or for the guardians of the perfon of the lunatic. Si PART, DUPSILL. This is one of the anoß intricate, voluminnos. and prolix tafes that we have bad oceafion to police in our detail of the caufeo of this Court. The Loan CH•ocni.oa made the following interlocutory obfer vations upon the fubjeft of the redrefs now fought at his hands :—" I was not able to fee the Chief Jußice 101 l eight, but I bad the good fortune to meet with two very Learned Judges, Mr. Juice Lawrence and Mr. Jußiee Chambre. They are both of opinion. that in a cafe of this kind. neither the Courts of King's Bench, or of Common Pleas, would difeharge the party from the fobiequent detainee g and Mr. Jain Lawrence mentioned to me a particular cafe; when a party was taken up under an execution, upon an erroneous judgment I and in that particular in- Rance be was entitled to his difcharge. He was of opinion that all intermediate detainers in the prefent cafe would Rand ; and they both agreed, even in the cafe jaR 'Boded to, if the party did not mate imme diate application, or if he waited until there were other detainers, the. Court would not difcharge hirng juR as if he did not originally poffeh the right to his difcharge." Mr. Roaimie then applied to know if hisLordarip would difcharge Dunbell upon fpecial bail the is now arrefted opoo mefne procefs.) I LOAD CMAIICILLOIO—" I think it would be right to do fo" Mr. Kosett.tx---" Will sot )our Lordlhip's order be necetfary ?" LORD CD A He will be difcbarged as a matter of cootie. I prefume, under the went's dances (laud, upon application to the Judges of the Court, from which the proccfs dined. Being of opi nion the itlerfity Mill tale Ihould not Rand, I think the procefs fhould fall wish it." Mr. RouiLty then applied On the fubjed of the certificate, and be (aid, where a certificate has been allowed, the commitfion can be fupetfeded on no ground but that of fraud. LORD CNaaCtLLOR —" Before I grant the certifi cate, I (hall lee the order produced." . • COURT OF COMMON PLEAS. MMUS. at. ------ - Mint In SIR 14ATTNSW BLOWS 41ill co. This altion was broot a bt by the Plaintiff, who is a merchant of yelped* ity, to . recover from the Defendant!, who are eminent Bankers, the fum of 451. which had been lodgel in their bank, but which they refufed allowing in account, alledging that they had paid a draft of the Plaintiff's to that amount, although they had received the Plaintiff's orders not to pay the font, as the draft had been loft. Mr. Serjeant S t who drop 1 a Rated the cafe, etpreffed hitnfelf much at a lofs to know upon what ground the Defendants intended to juflify their refufal of paying the money, as a vaft number of limilar cafes had been faceelGvely for years decided again( Defendants in the Court of King's Bench ; and, indeed, if Courts did not always decide in the fame way,erery trader in the nation would be either under the neeeffity of tranfatting his money Wine(' without the intervention of a banker; or, in the al ternative, to be at the trouble of drawing all his money out of the hands of his banker, whenever a draft thoeld be loft, in order to prevent fuch draft from being paid, after notice had been given to flop payment. Bankers in genetal were not much difpof ed to pay the drafts of their correfpondents, unlefs they happened to have provifton from the drawer in hand. lie had no doubt of fatisfying the Jury, from the circumfiances el the cafe, which he thould fop port by evidence, that his client was eatitkd to their verdift. Mr. Thomas Halifim proved, that a draft of 45L was received by him from the Plaintiff, on the 22d of February Taft, aid that on the fame day his packet was picked of UM lettertitiev win& Mataiwed this, draft. He immediately eownsanicated the circuits fiance of his lots to the Plaintiff, who gave bins a letter to the Defendants, Rating the loft of die drafts fpecifying its number, and deliring it to be flopped, if offered for payment. This letter he delivered to the Defendants' Clerk, who proinifed that every precaution in his power (hould he exerted, and im mediately culled a notice to be polled up in the Banking-houfe for flopping the payment. The Defendants' Colloid admitted that the draft was neverthelefs paid on the 7th of March following. Mr. Serjeant Ben, on the part of the defendants, addreffed the Jury at great length, but did not call any witneffes. • • Sir ALLAN C 11•14111 thought it could not terse his cafe to prove that bankers in general did not en gage to be anfwerablo. The Jury, without hefiration, found a Verdi& for the Plaintiff—Darnages 451. with colts. rartoa AND OTNSIS V. HODGSON. This was one of a long firing of 'aims amount ing in the whole to between *a ands moot. brought 1 againfl the Defendant, all nfting upon the fame 1 queltion, whether he had purchafed goods in his own name, or had only *fled as agent to the houfe of Smiths Lindley, and Co. which has fines: failed.— The Plaintiff had been formerly a clerk to that firm he afterwards commenced bufinefs on his own as in the export trade, but !continued to have his bufinefs tranfaded at their bode, and in their name. The prefent anion was brought to recover the turn of 9831. 71. for Manchefter goods alledged to be fold and delivered to the Defendant. In May, tBos, the Defendant firll purchafed goods from the Plaihtiffs, and a bill of parcels was made out in his nanie. He, however, told them that the bill mull be made out for• Smith, Lindfey, and Co. as they did his baling& Scl'his was accordingly done and Smith and Co.'s name was entered in the books of the Plaintiff. This ' fort of dealing was continued till the latter epd of 'the year 5803, Hodgfon militantly buying the goods and Smith and Co. uniformly difcharging t o g When the .failure of Smith and Co. was known to the Plaintiffs, they exercifed that right which a rea der is known to poffefs, that of (lopping goods in trafihs. They apOied to the Defendant and he wrote a letter to Mars. Johnfon and Coln to rotors 'the goods required to the Plaintiffs, at the fame Brie 1 being the property to be his. It was argued on the one hand, that from Smith and Co. having Coffered the bills of parcels to be made opt in their name, and having afterwads paid reveral fonts of money qn this acc ount, they was lia bles and that Hodgfon aged only as their agent. On the other hand, it was contended that they were only the brokers for Hodgfon, who were both primarily and eventually the real parader. He looked out the goods, he baegased for the price s iTd the goods were afterwards flopped in his name Ins words at Ira dealing were particularly retied on— " they do.my bufinefs," and alfo his letter to the glasere v hieffis. Johnfon and Collo, defiring them to return " goods belonging to their hnmble &event." The Learned Judge was of opinion that Smith and Co. whatever they might be in other Tepees, Were in this inftance nothing elfe than brokers to Hodgfon. The Jury gave a verditi for the . Phintiffs.--Da mages 9821, 76. with colts. AND OTaete IN HODGSON. This was an it&ion to recover the &DI of 3 0001 . for goods fold and delivered under preclfely the fame circumftances.. The delivery of the goods was proved, and it was lints by one of the clerks belonging to Sir Robert Peek and Co. that they conlidered Hodgfon always !as the real purchafer, though Smith and Co.'s name was made ore of as an additional recur ty. It w a s dual in their hnufe to book goods to a refpe&able perfon who fuffered his name to be made ufe of, not ' siithllanding they conficiered a Ids refponfible per lon to be the aBual purchafer. Verdiel for the Flaintiffs.—Damages 30001. INVRAMCF. Score v. Ttiosison—This was an alion on a Po licy of Infnrance. Both parties were agreed on the fags, but it involved a point of law that had never been decided. The Plaintiff therefore agreed to take 'a yerdiA fuhjet to the opinion of the Court on the point. Verdidt bar the Plaintiff—Damages tool COURT OP XING% BENCH, DECEMBER so. IMISTAIII V. 01 IL Mr. Easatat Rated, that this was an Ate fent froth the Court of Chancery for the Jot y to try, Whether Wm. and James Beatfon and Thomas Mufgrave had Wilfully and fraudulently prevented the plaintiff in this cafe from getting an indorfentent on the regifier of the (Lip Atlas executed at the Cuflont-houfe, with. in the time preferibed by the Aet of Parliament t In the month of June, 1803, the plaintiffranted bills to the amount of 7ctocl. to William and James Beatfon, in confederation of their granting him an affignment to one half of the Juliana and Ocean, two fbips then raid to be their property. At this time the Beatfons were indebted to the plaintiff in a farther fum of 40001. and it war fhortly afterwards difcovered that they could not grant him the (hare they had promifed of the Juliana and the Ocean, having formerly made away certain (bares of thole yeffels to other p r ooe. ' tows, which it was their with' to endeavour to redeem with the money which they had thus received from the plaintiff, but which they could not necomplifh. .--In this fituation. the beatfons executed a bill , of file, in favour of the plaintiff, of the (hip Atlas, which was duly exccuto.i en the 9th July, IF_ 03. and the indorfement, on the oath, and other 1 neceffary formalities, fo far as required by law, ard i within the power of the plaintiff to perform , wi•hin ten days thereafter. The vele', however, was then abroad ; and it being requited by the Eatl of Liver pool's AA, that when the (ales of veffeh are executed when abroad, an indorfement fhoolti he entered on 1 the back of their regifter at the Cullom-Houfe within ten days after its arrival in a Blitilil pert, the plain tiff ufeJ every exertion to prevail on the Beatfons, and Thomas blufgrave, their Captain, to bring the replier to the Cullom Hotife, to have the indorfement put on it but in vain. The veffel at rived on the 17th of Decenther, and it was the loth of that month, alter yielding to numbeileit. ex:talons of William Beat fon, before the plaintiff could prevail on him and his Captaiw, Thomas Moist . ..ye, to emote the indorfe ment on the regifter. The Bertfon% afterwards be came bankrup, and their affigneet, availing them haves of the delay of two days beTood the period • peekribed by the AR, witliin which doe Work ment on the reg;fier had beeq executed, btailli:Af an action of trover, which had been tried hefty* his Lorclthip. the at ferried to his Lordfhip, to admit of no Ambiguity. It wa6 fhewn that tyro Sun days and a holiday bad intervened, but his Loral /fit) had not obferved that either 3on days or holidays were excepted in the aft. A verdict had therefore been found for the Affignees, by which upwards of z Good. kaeftefe advanced by the plaintiff, on account of tits conveyance of the fhip in queflion, ma taken from him without any confederation whatever. It was, however, recommended to the plaintiff, er Gentlemen well (killed in the equitable coerce of proceedings its this country, that the Court of Chancery would *Word redrefe againfi fo manifelt and palpable a wrong: Ry courfe had accordingly been had to that court, and the opinion of the Lord Chancellor was, that *kb.' he, like the Judges of this Court, was bound by the law, which was undoubted. Rill if a oak is point of fad could be made out, that a manifea fraud and wile ful wrong had been committed. it was within the Pr rifdißims of this Court to grunt takes. He had, therefore, lent it to the Jury in this Court to find the matter of fad. os Had Wm. and John Beatfon and Thos. Mufgrave wilfully and fraudulently prevented the plaintiff from getting the indorfemest on the rs gifter completed within the time prefcribed by the Art of Parliament P' In wlnt refpeß the plaintiff had been prevented, was of little confequence. The ma fideration which he had granted satecedent to the ea coition of the articles of the Pale was a valuable sae. The fele was gemmed unconditionally, and fo far as within the compak of the pleintiff's power to give it ate, had been rendered complete in due time. If. therefore, the Scarfing, or either of them, or their Captain, 'rhos. Mal - grave, had been guilty of any ad to prevent or impede the complete execution of the Cale, fuel) fell within the iffue fubmitted by the Lord Chancellor to their contideration, and Cods they mull accordingly return whim as their finding on the mat ter Qf haft, Wm. Beacon was examined, who (aide tha‘tho 'Orel arrived in port on the 17th of December. He immediately afterwards called on the plaintiff, in. forming him of Tome of the bills having been dif honoured ; and requefted him to put matters itt traits for having them paid, that chit Mdorfetnest on the regifler might be executed at the Caftan Hoed" The winters was particularly anxious on the tobjetlk, as his commercial esinence depended on the Has of conduit purfued by the plaintig He was theemened, not only to be melted, but to have ex ectitions in hie boufe no account of thee dilho nomad bills. He did make thif plaintiff's compli ance with his terms a pan of hie agreement to me cute the indorfement at the Cullom Houfe ; and be thought hisafelf, as an honed broker, warranted is doing fo. as be did not conceive that be was bound foe bad papa . to execute a grind conveyance of his (hip s to the prejudice of his other' creditors. He, bowevees admitted. that previous to the execution of the arti cles of fate, which were unconditional, the Plaintiff was creditor to the Beatfons in 40001. and that, of the other 70001. upotards of sooeL had then been paid. On the asd of December, the wieners Paid (MIT thing was agreed between him and the Plaintiff. The wittier's. however, was not able that day to meet with Mufgrave who trod the regitler in his poilidies. He informed 'the Plaintiff of this cirenuallance, who Paid he would no longer troll to the whack, but would look after the bufinefs himfelf., The winters, ever,bow remained at home all the day of the a4th def. ing Ctiffom Houfe hours, ego/Ring the Plaintiff to call, but he did not, and no interruption or imps& ment was afterwards put by him to the indorfemena of the re.iner. Mr. d'AILILOW, for the Defendant, maintained that there was here no evidence which could warrant the Jury in returning an anfwet in the affirmative to the iffue fubmitted to them by the Lord. Chancellor. The Noble Lord who prefided in that Court was well known to be poffelted of language capable of convey , ing his full and entire rne.tiong to any capacity. But could it be Paid that the evidence this day laid before the Jury would warrant them to find in terms of the iffue fubmitted to them Had the Lord Chancellor liked the queßion—did a coifimuning for fe I data rake place between the parties? The evidence adduced would have warranted the Jury in finding fuck a fad. But what mutt they have declared in addition i That, the% matters were completely accommodated: That IBeatfon was thus ready, end eager to have indoefed the regifier ; that he waited all day at home for the Plaintiff, expelling that he would have called for that purpofe ; and that the Plaintiff never had called till the days preferibed by Ad of Parliament were este pired. This. rarely, could nos be defcribed, u per. venting the Plaintiff from getting the indoefemeelt executed. After every mifooderttanding had beat adjnfted, the day of the 23d. or the Lath. and other two days, during which, itearfon was always so be found, had elapfed, when the Plaintiff had never put himfeif to any trouble to get the indorfement exe cuted, and during which it could not be infinsated be had in the moll remote degree been prevented by the Beatfons or Mufgrave. Lord E LLLLL itouG H raid, the articles of Pale VIM unconditional. If, thereon, VC. Beaks bad aides enured, however fair and reafonable the terms might be, to impore on the Plaintiff any conditions which went to impede or interrupt him in bringing the buti net: to the molt fpeedy v.rmination, he was, it the terms of the iffne now before them, guilty of wilfully and unlawtully preventing the Plaintiff from laving the irsdorfemeta execoteu on the regifin at the Cni torn Houk, with i n the time fixed by Ad of Parlia ment. The evidence. however, went only to affeet W. Beatfon and Thomas Nlnfgiare. The Jury accordingly found, that Wm. Beatfon and Thomas Mufgrave had wilfully and nnlawtully prevented the Meiotic iir•m getting the indokenent on the regifter ertentedet the Callon+ Houk, within the time prtferlind by the Ad of Perliamene. Tice has *to be-n k man se thin the memory of Iran. fn srem a flight of i t a_b;ra, t ,. our •!mitt a , i s the perisnt feafoi.. The won*, of duck, teal. wid geon, and °the' bit& of the issue kind, canht this year, is out of all orecetient, sod accordo,le.y. they are extlemely ch:ar. The ruvoralitt acentutta fat this tupesahundance be the idea that lie bitch has* flown to our toothy'', tory fom he feecrity witib which the %inter ti. in the ronre nnnhern itudes, acrd Wi.st it .1 the fun pftvolhe of •thug/ *dun. y • 1