Star. — London, England, 1807-06-24 00:00:00

irkriCA MAILS-Wind S. W. MIL DOZ. Dann A o Tonningett Waterfordz S Lifbon OotteobarSh o i New York "iza. ors. o 0 0 PLYMOUTH, JUNE 22. Came in the Benjamin and Mary, Captain COATS, from Memel ; Mary, Captain LIAR, from Memel; Leighton, Capt. Ross, from Alberg, all laden with na val (ores; Dove, Capt. NowLalD, from Cork, with provitions, for the Navy ; Profpero, Captain CLAUSEN, from Tonningen, to Litbnn, detained by the Bufy privateer. Came from Hamoaze the At.- curs, of 40 guns, and anchored in the Sound. PORTSMOUTH, JUNE i 3. Arrived the Strenuous gun brig, from a cruize. Sailed his Majay's Blip TWEED, for Falmouth, to cone& the velfels lying there, bound to the Weft In dies. His Majeßy's [hip PayLINA is appointed convoy for the Downs.—Wind W. N. W. S te 1i• :11 n, .k. :1y of mat ner, Ma• pro. Her , for ' l Zert the anle r am eiog 1: aof DOVER, JUNE 23. Pallid by the (hip William Wilfon, Captain GIB SON, from Baltimore, for Amfterdam ; alfo the Rolla, from Virginia, bound to London. In the Road 3, the Tickler gun brig.—Wind N. E. and moderate. DEAL, JUNE 23. - Arrived and failed for the River the Abundance (lore fhip from Portfmouth. Sailed this morning the PINCHER. gun brig, with the Mempis, HITCHMAN ; Pandour, ANDERSON ; Hero, GARDNET, and feveral other outward bound veffels, &c. under convoy for Portfmouth. Arrived yellerday evening the ANT Ichooner with the Q2een and Hero tranfports, con taining the id and 4th companies of artillery, King's German Legion. and leveret light tranfports. under convoy from Portfmouth, and remain in the Downs, with a large fleet of (hips of war, tranfports, Wind E. SHEERNESS, FINE $3. Yefterday arrived his Majefty's floop FALCON, Captain SAUNDERS, from the Baltic. Palled by this day the Abundance (lore (hip from Antigua. Ar. 'lived the Swedillt Ihip Apollo, P. LaCROTH 1112fter, With tar from Stockholm, bound to Plymouth, and failed imuiediately for the Downs. Arrived his Ma. jefty's (kip RESOLUTION, Captain Geolos Boat row ; and the VENtts frigate, Captain WATSON, from the Weft Indies, and failed this day for Woolwich. Two P M.—The Seartaow floop of war is jufi got Under weigh with the wind at S. W. and has taken the TOnninien convoy with her—a thong breeze. I,IVF.RPOOL, JUNE 21. The floop Lavinia, eaallfs, from Gambia, arrived it Charlefion the gth May, after a ;mirage of 48 days. Pont days after failing from Gambia, Capt. PIARSB Was boarded by a French corvette of 12 gcns and 240 men, twenty days from Bourdeauz, on a cruizc on the craft. They robbed Captain P. of all his Rock of limp, goats, Sm. four naves, and a black ap 12rentice. The French Commander declared, it was his determination to capture every' Guinea man he fell in with, either Britifla or American, and was only prevented from carrying his threat into execution +with raptajo Peak's', from the circumttance cf the irit jibe i1..0p being carried away, and conceiving it not pcAble to get her fare into port. The corvette bad a few days bef"re captured two Bt kith Guinea %en; and after taking out their crews and thirty-five Paves, ordered them for Guadeloupe. Captain PEARSE left A the river Gambia, the brig Venus, fchooner Dotcheller, of Charleflon, and Good Intent, of Bolton. FROM LLOYD'S LIST, Mrt St ND, JO NE xi ...Pared by the Mira. MWs, &OM Phi• ladelphia; Margaret, Clark , from Baltimore; Hope,Turfirs; and the Rambler, Pattercon, from Stockholm ; Langley, Thompfea, from Riga; Thomas and Sally, Butler, from Limerick ; William, Thompfon, and Valiant, Evans. from Waterford'; Two Brothers, and the Brothers. Rader*alt, from Norway ; Fanny, Taylor, and the Generous Friends, Patten, from Copenhagen.-- Sailed the Induftry, Primrofe, hir Gibraltar ; Ind the Liberty, Hammond, for Tonningen. The Charming Kitty, Captain K • reo ; oreenwich, • Betsvow ; and the Duke of Portland, STBNCE, from London, for the South Seas, were all well on the 9th of 'April, in lat. I. S. long. 22. W. having parted convoy from the Eaft India Reet, which failed from I'ortfmouth on the 26th of February late, a few days before. A letter has been received frotn, Newfoundland, which mentions the arrival of a French fleet of fix fail in the neighbourhood of St. John's. The tot lowing is an extradt of the letter : .6 at. John's, May 3t, tflo7. " A fchooner arrived here IA night from Halifax, is laid to bring the information that a French Beet of fix fail has been feen foutewhere in our neighbourhood, and that a wird bad been dii patched for the Weft indica with the fame intellivace. As toits truth, I can fay nothing-1 give it you as I heard it inifelf. " Two veffels foundered in a moft tremendous gale on the Banks; one of them from Peterhead; the crew were all faved. The other met with a more ferious fate. She was an American, from Liverpool to New York, with paffengers on board, all of whom, lam tarry to undcrftand, got a watery grave. The Lrew (though not all) raved themfelves by taking to the boat ; they had not been above too yards from the veffc 1, when the (hip, after pitching firft on one fide, then on the other, went down arnidit the (bricks of hufbands, wives and children, launching into eterni ty, locked in each other's arms." STRANG& ERRATUM.-1n the Gazette of lafl night it is Rated, that an Addrefs to his Majelly, figned by the Provolt, Fellows, Scholars, &c. of Trinity College, Dublin, had been inferted by millake, no fuch Addrefs haviag been fent ! COVINT GARDEN THEATRE —A very fuccefiful feafon clofed at this Theatre lan night, when the ufual thanks were returned. The performance was for a benefit, and the houfe was crowded. The remains of the Countsfs of DARLincrow were removed, at ten o'clock yeflerday morning, from her Ladythip's late houfe, in King's-fireet, St. James's, for interment in the family vault at Darlington, Durham. The remains of the venerable Count de WE LDEREN, Knight, for feveral years Envoy Extraordinary and Plenipotentiary from the United States to this Conn• try, were depofited in the burying vault of Dr. PAX- Ku, late &dor of St. James, in St: James's Church. k4Rk LANE. CORN EXCHANGE, JUNE 14. -- To-day, at the New Market, fonie of the Faaors attended. There are not many ales elicited, itnb thole at a final! reduaion in price. Inferior famples on Monday and to-day, are almoit without buyers, though at lower prices.—Barley and Malt fcareely keep their price. —In Beans and Peas but (mall Ira riarion.—Oats this week incline lower—Flour like wife.—Fine American 38$. to 425. per barrel. MINERAL COIRINCT AS tINDIIII. WINII4 405811 741 pit qr. Grey Peafe ass 48. lithe Ditto, 761 78s ~...Beant ( old) 43149 a ed ~ Rye, 3 8 . 4 2 a a tea Ditto, 331 3910 d Barley,ps 37s 6d Oat., 231 2811 3as Malt,62s 68. od Poland ditto 341 33s od White Peas, (boilers)'7Bs Sc. Rape Seed 241 aBL Fine Flour 6os 63s—Seconds iss to 6os. LAW INTELLIGENCE. COURT OF CHANCERY, JUNE 23. BEFORE THE 14•STBR OF THI ROLLS. CHILD V. LORD RUNTINGFIILD. This extraordinary cafe came before the Court upon the confiruaion of the IA will and teftament of Maria Mordett, of the City of Utrecht in the United Provinces. This will deviled large property in Holland, and likewife a (urn of five thonfand guilders, to be yelled in the Funds, in England, for the ufe of the nephews and nieces of the Teftatrix, for their natural lives, and from and after their deeeafe, the ufufro to go to their children in equal tnoities ; fome of the Legatees died before the Tef tatrix, and, at the dare of the will, fome of the chil dren, who were to take in remainder, were twenty four years old, and refiding in this country, but, by the laws of Holland, they were minors until within ten days of the age of :5. One of the nieces, named Ann Dc Bryfaac, covenanted with the Deputies of the Court of Orphan Chamber, in Holland, to let her moiety gn the c iildren before mentioned, in re verfion, prt'vided the fnould have the intetell fecund to her for life, stad to any hufband Ate may marry, for his life. in cafe he furvived her. The defendants, Lord Huntinßfield and Mr. Walpole, are the truftees under this deed of contraa made with the Orphan Chamber and Ann de Bryfaac. The contraa was aced upon for twenty (even years, by all the par- ties; but one of them now contends, that it is not binding on him, inafmuch as he was, at that time, a minor, domiciled in England, where the property, or part thereof, was then, and (till remains. — The queflion is quite new and difficult: whether the will or deed made in Holland (ball be carried, as to the limitations thereof, into effed in this country? lor whether the laws f England (ball nos govern the appropriation of all fuch property as vets in any perfon living within thele realms ? If the pro perty be here, no matter where the deed or bequeft may have been executed; , of this opinion his Ho nour feemed clearly decided. • But another quef tion arofe on the conftruaion of tenantcy in com mon, and joint tenantcy by the Dutch laws, a point which govern~ this cafe in a great meafure. Another greater difficulty arofe from the nature of this Court of Orphan Chamber, which his Honour could not clearly diainguiffi, by the deed, from a kind of regifiry where fuch deeds are recorded. — There was a great Doctor of the Civil Law of Ley den, examined to the legality and regularity of this deed of troll, according to the Dutch law, and he was the only Deponent in the caufe. Upon reading the will, which was in French, his Honour at once fettled, that it was a j. int tenantcy rather ; but the cafe being fo very tutet.mmon, under exiting cir. cumftances, and no C:)nnfel, As Sir Se nu EL ROM ILL v obferved, having any cafe iinaihr to refer to, his Ho. ;tour tool, time, until Thurfday morr.ing, to deliyer his judgment. COURT OF KING'S BENCH, JUNE so. ti.LioT v. AUSTEN. Mr. Gamow Rated that this was an aCtion brought by Meffrs. Elliot and Holbrook, coachmakers, againfl a Gentleman of ton, to recover 221. 21. for work and labour, and for the Rand , f the defendant's curricle. He raid, that in July, t Bos, the defendant went to the plaintiff's, and befpoke an elegant chariot, and the price agreed upon was 189 guineas, and in order to have the thing done in the moR fafhionable (Lyle, the arms, crett, &c. were done in a particular way. This carriage was finilbed, agreeably to the contraa, in the month of Oftober following ; but the defen dant having left town, and plaintiff not hearing any thing more of him, for a length of time. difpofed of the carriage to another perfon. When the defendant next came to town, he expreffed Come furprize at the carriage being gone I but, to make amends, ordered another, which, when &tithed, (hared the fame fate with the former ; he alfo fent a curricle, harnefs, Ste. to the Plaintiff's yard, to be taken care of; and the aOion was therefore brought to recover the expenfe of painting the arms, creti, &c. and for eraling them out again, when the carriage was fold to another perfon ; and alfo for the Rand of the curricle, care of the harnefs, &c. at the rate of four fhillings per week. It appearing, however, that the fir(L carriage fold for more than the Defendant was to pay for it, and that the curricle vt as aClually fold to the Plaintiff, to go in part payment of the carriage, Lord Ent.sw- BOROUGH thonght they had better be fatisfied with the expenfes of painting the arms, &c. and the jury, accordingly, found a verdiet for the Plaintiff's. — Damages 41. tos. DIX'S V. SCHOOLEY AND ANOTHER. This was an aftion brought by a poor tailor, refid ing at Iflington, againft the Sheriffs of Middlefex and London, to recover compenfation in damages for a falfe arreft. Ottthe r 9th of April laft, the Plaintiff was arre(Led at the fuit of one Fell, by the name of John Dixie, and carried to the lock-up houfe of one Burton, a Sheriff's officer, in Chancery-lane. Here he was vifited by a friend, who told the bailiff and the Plaintiff's (Fell's) attorney of their miltake, the prefent Plaintiff's name being Oliver, and not John. Notwithßanding this they perfißed in detaining him ; and when his friend reprefented that he could not bear the captures of a lock-up honk, he was carried to Newgate. On their arrival there, the turnkey doubted whether he fhould receive their prifoner, re cognifing him to have been, force time before, in his cultody, as a debtor, by the name of Oliver. This he alfo reprefented to the Sheriff's Officer, but in vain ; ..•• . , „ • and the PlY:ntiff was detained in the poor debtor's ward, until the 2d day of the enfuing month of May, .when his wife and large family 'being reduced to a Rate of tiarvation, by reafon of his abfence, tome per tons took pity on him, and he was enlarged uponbail being put in. The ATTORNEY Gaines., for the defendants, (who were merely nominal defendants, the real one being Burton, the Sheriff's Officer), laid, that the fate was, that Oliver Dixie, who was the father of John Dixie, was the real and Lena Pe debtor of Mr. Tell, but by mißike, he not knowing his chriflian name, the name of John was inferted in the ot iginal writ; this was but a mitlake, by which the prefent plaintiff had avoided, for a time, a legal demand againft him ; and although he admitted there mull be colts againft him, he trufted the Jury would think nominal damages would meet the jultice of the cafe. Lord ELLENHOROUGH told the Jury, there was but one queßion for their confederation, and that was, the quantum of dainages the plaintiff was entitled to, the fiatement of the defendant's Connie' remain ing wholly unproved. The Jury, after a fhort confultation, found a vet dift of 401. damages for the plaintiff. CRAWFORD V. EDDINGTON. Mr. GARROW faid, that this aaion was brought to recover the (urn of 9301. upon a bond, and the jury would have nn doubt but that the foal was due to the 'Plaintiff, and that the band was executed. The De fendant fome time fince had become a bankrupt, and the Attorney General would fay, that although this was a prima facie cafe, yet there was a Ilatute which enaCted, that if the creditor of a bankrupt that( re ceive any bond or fecurity as an inducement for fign• ing the certificate, loch bond or fecurity (hall be void, and the Defendant may put by furprifc a witnefs in the box to prove this cafe, and defeat the party of his remedy. The Learned Counfel laid, he would put Mr. Barber, an attorney, into the box, who would prove the bond, and who would do more— he would give evidence that this Defendant, being in ettßody in Morpeth gaol, an uncertificated bank. rupt, executed this bond in fatisfaftion of a jug debt to obtain his liberation. If Barber (liquid add, that the agreement was that the Plaintiff thould tign the certificate on receiving fuch bond, Mr. Garrow would defire the Jury not to believe him ; for, altho' the bond was executed as early as the year £793, the defendant had not to this hour obtained his certificate, in conic. quence of the refiftanee given by the obligee to this very bond. He would give a piece of advice which perhaps, would not be favourably received, becaufe' it would be given gratis. Let men take care whom they bring as witneires upon their folemn inliruments. No man could pretend to a good charaaer who lent his name to tranfaCtions that would not bear the light, and loch was the conduit of Barber, who, in his evidence, would attempt to invalidate a bond, the execution of which he was the only witnefs in exit tense to prove. This fainted, it was neceffary that Barber thould be called to eflablith the bond, and in the other parts of his evidence he would be exprefsly contradifled by Richardfon. In addition to this, an account would be produced in Barber's own hand. writing, Rating the balance for which the bond was given. This was not a fop to Cerberus, it (hewed the condition of the account in Barber's own opinion.— As Mr. Barber was in Court, he was glad to give him an opportunity, by thefe comments, of refleaing on the nature and extent of his evidence. Mlw could the ingenuity of man (lima that the Galion of the certificate could be the inducement to execute this bond, the plaintiff being to this very day the oppofing creditor ? His learned Friend, the Attorney General, mug go far beyond his former outdoings; he mull work a miracle if he could overturn this argument. John Barber, having proved the bond, was croft examined by Sir V. GIBBS. Q" Was not the bond executed by the defendant, under an agreement that the plaintiff was to figs his certificate ?"—A. 44 It was." Q" Being executed at a date fubfequent to the bankruptcy, the bond could be enforced againft the defendant, although he lhould obtain his certificate ?" —A. 44 Yes." Re-examination by Mr. Gaixow. Q . " The communication on the fubjea of the corrupt agreement you (peak of, was not with the Plaintiff, but with his Attorney ?"—A. " I defired that the matter might not be named, becaufe I did not with that the certificate fhould be invalidated. Dobfon, the Plaintiff's Attorney, and I, agreed, that the lets was laid about it the better." Q .. " The invalidity of the certificate did not then depend upon the fait of the inducement given, but upon the mention of that fait the fraud did not affea the Certificate?" The ATTORNEY GINERAL....." Does your Lord (hip think that my Learned Friend thould, in this way, examine his own witnefs ?" Lord EtLatranaluon.—" I think he may, fume the witnefs is only called by him to p rove the bond." \ Mr. GARLOW." 1 want to know more of you, Sir, if we (honkd with to have a difcreet man to ma nage our concerns. You had no objeftion, then, to the Plaintiff's having a fecurity which was not worth a farthing ; and to the Defendant's having a certifi cate of the like value. You, a man of the law, put your name to a bond under thefe circumftances ?" —A, " Yes, it was Co." tZ " The Defendant is an uncertificated bankrupt down to this hour ?"—A. 44 Undoubtedly. There was a bill in equity to get this fecurity delivered up." Mr. Richardfon was then called to contradia the evidence of the lag witnefs, as to the feet of the bond being an inducement to the certificate, to which the Attorney-General objefted. Mr. GALRIOW." I do not feel that I am let into this evidence." Lot d Eto.axanaouote" I cannot let you go into a direa contradiaion of your own witnefs ; for if you invalidate his teßimony, what is to become of your bond ?" Mr. Gattitow." My Lord, I mutt (land upon the reafoning and the effea of Barber's evidence." Lord Etssasoaouort.—" If that be the cafe, the evidence is, that the bond was given as an induce ment to obtain the certificate."—Plaintiff non/oiled. LOWTEN V. THE W•YOR AND CORTOR•TION OF COL. CHESTER. This was an adlion upon a bond for 40001. execut ed in July 18ot, to the plaintiff, by the Corporation above mentioned. It appeared in evidence _that the bond was given as a collateral &curie,' with i niortgage, and by the•cufkom of the corporation, for many, years, two different corporate fea ts were ufed indifcriminarely, , he . one being the frualler, with deeds or writings upon paper,,fafiened wtill wafer ; the other, being the larger, was ufed with. wax, upon all deeds, Stu. on parchment. There two, feels were kept by the Mayor for the time beini, and .nfed in the Town. clea's office, upon all cccafioni, at the teals of the corporation. - . • • It alfo appeared that the infirument in queflion, pu'ported to be the ad of the Mayor, Aldermts, and commonalty, and was executed by certain per forts being the feted body of the corporation, dele gated to ad trr the whole. it further ,appeared, that this was formed,' a corporation by pvefcription, but by the td Geo. 111. chap. 6j, it became a cot poration by charter. , , Mr. Tar p raq, for the defendants, took feveral ob jeetions in point of law. He firft contended, that the inarument in queftion was not tented with the regular corporate feat, and chiefly relied upon the objedion that this deed, purporting to be the Ad of the corporation at large, fhould have been executed by the body at large, or by perfons fpecially appoint ed for that fpecific purpofe, by the body at large. Lord ELLFNIV)ROUGH, however, obferved, he did nog find, that up .tt any former occafirn, the body at large had ever been convened for that !pirate ; but as, by the charter, the fried body had the power to do all the neceffary sets of the corporation, with out any fpecification of any particular ad; his opi nion was, therefore, that the corporation at large was legally bound by the at of the feled body; and a verdid was accordingly found for the plaintiff, and the damages affeffed at 26601. CONVOCATION.—YeIerday, about eleven o'clock, his Grace the ARCHBI3ROP of CANTERBURY, in his robes, attended by the College Dodors and Proems, in their gowns, proceeded, uncovered, from the Chapter houfe, in St. Paul's Church yard, to Sc. Paul's Cathedral: they entered at the Weft door, where they were received by the Dean, Chapter, and Choir of St. Paul's, who condu&ed them to the Choir, where the Service in Latin was read, and a Latin Sermon was preached. After which his Grace the Archbiatop, and the Gentlemen Dodors and Prodors, returned in the fame order to the Chapter. houfe, and held the Convocation. Yefterday the LORD MAYOR ordered the price of Bleed to be continued the fame as ha week; viz. t lid. the quat tern loaf of wheaten, and told. honk. bold. On Monday the MaaLsolourots, a line of battle (hip, mounting 74 guns, was hunched at Banter's Dock, Deptford. The long depending footrace, between Cooke the foldier and the Brighton Shepherd, for so guineas a fide, took place at half pall eight on Monday night, in Lord's Cricket Gro - und. They run nearly equal for the fiat too yards. Tire fhepherd then took the lead, and won without much difficulty, his antagoniß having given him two yards at coming in. They performed the race in ten feconds. Several (porting gentlemen and noted pugilifts were on the ground. On Monday a Welch mare ran in a gig, on the Taunton road (between Crofs and the Shoulder of Mutton at Poulett ), too miles, in i i hours 59 minutes. A moil cruel trial of the powers of a noble animal, and partly unneceffary, as the was allowed i 6 hours for the talk. The wager on this performance is faid to have been 700 guineas. Yellerday an elegant Silver Cup was rowed for by fix of the belt cutters on the River, manned by Gen tlemen who fuftain and row them at their own ex pence, and for their own pleafure--the agreement was made in this way, that the cutters Ihould be rowed, not by their own hands, but by thole of the others, on the fair ground, that they knew the trim of their own galleys Co well, that it would be a fairer point to have thole who belonged to one galley fhould row another than row their own. In this way they Ruled from the Widow Smith's, xt Mill bank, on the flow of the tide, to the Swan at Chelfea, and returned down again, four rowing each cutter. Six galleys fluted, but viaory was foon declared in favour of three of them, the Diana, the Northumber land, and the Venus funney. On drifting down the Diana took the lead and kept it, and was followed by the Northumberland, who was backed by the Venus. They came in in that order, and the Judges gave the cup (a molt elegant one) to the Captain of the Diana : it was a well contefted race with thole three gallies, and afforded much amufeno-nt. A great number of boats were on the River, plea. fure boats, as well as others, and it afforded a pretty aquatic fpettacle. A Nov CL Cast.—A firgular anion Taft week oc cupied the Court of Exchequer in Ireland, for four days. It was brought by the perfonal reprefentative of a Lady, to recover damages for the breach of a promife of marriage made to the deceafed. Tbc Defendant has demurred. It being a novel cafe, much ingenuity and learning have been difplayed by the Counfel on each fide, and the Court ha• taken time till next Term to pronounce its opinion. A SINGULAR OCCURREmcc—On Sunday morning lag, as a Gentleman at Dover was fitting under the Cliff, while dreffing himfelf after bathing, he per ceived a hawk in the air, acid nearly within the reach of a lark. In order to lave the little fugitive, he (boated and clapped his hands, when immediately the lark defcended, and alighted on his knee, nor did it offer to leave him when taken into the hand, but Teemed confident of that proteaion it had found. Plodders accumulate wealth (lowly, while wien s df enterprize and fpirtted adventure frequently poffifs it rapidly. Of all poffible means of honettly ac• quiring fudden opulence, a State Lottery affords the moll chances at the (mallet rifle of leis. The pre fent Scheme is fpecially entitled to this diftinaion ; it has not three blanks to a prize, and yet ecntains greater Capitals than were ever before known in a Scheme of only zo,coo numbers. Yefterday evening, at five o'clock, an Inqueft was held at the Diftiller s Arms, Great Saffron-hill, be fore G. Honosom, Efq one of the Coroners for Middlefex, upon the body of Stephen Byrne, a la• bowing man, who 101 l his life on Sunday, in New. mart, Great Saffron-hill. It appeared that the de. ceafed and one Tovey, a hair dreffer, having had a quarrel, went out to fight. They had not fought above a minute when the deceafed fudden}y dropped down and expired.—Verdiet, Accidental Death. F ...