Star. — London, England, 1802-02-12 00:00:00

NAUTICAL. INTELLIGENCE. DREADFUL The following is a more ample ftatement than any which 654 1 yet appeared of the awful and melancholy event, whist* took place lately on the coolt near Margate : MAIGATS. FEB. to.—Repeated as have been the awful vifitations with which this town and neighbourhood has been afilitled during this win ter, that which occurred within thefe few days has, in every diftreffing point of view, alarmingly exceeded them all. Allow me to fay, the boy Margate, of Margate, Joss Gammas Captain, Mr. JONN &WRIT owner, very deeply laden with corn for the London market, having a crew of four men and 28 paffengers, failed from the har bour in moderate weather, at three o'clock on Saturday afternoon, and came to an anchor in the Roads, till near nine in the evening, when they again got under fail, and loon after the weather began to be very tempeftuous ; but they continued working againft the wind till they had arrived, about midnight, nearly off &calves., with the intention of going to anchor under the hook of Margate land ; but o* making their laft tack towards the land, the bap of the founding lead broke, and though the vela was put about, yet, before another lead could be fitted, the (truck, it was fuppofed, on the tail of Reculver fend; they then let go the anchor, and the water flowing the veffel fwung off and rode clear. They then got up the anchor, and fetting the fails the was drawing off the land, when the gib•tackle broke, which made it impoffible to get her head from the wind; the Captain then hilted down the tiller, and went forward to endeavour to fet another gib-fail, when, by the veld !hiking the ground, the tiller was rent in two, and before it could be replaced, the rudder was beat off, and thereby the vete' was rendered totally nil. manageable. They then let go their anchor a fe cond time, but the hoy continuing to beat on the ground in the moll alarming manner, and appre hending the had (prang a leak, and finding the pumps were choaked, they were forced to flip the cable, and let her drive in to fhore ; on which the was beaten about a mile and a half from the vil lage of Reculver. The (gene then became truly horrible, as a moft dreadful lea was breaking over the veffel every moment, and the women and children uttering the moft lamentable cries. But in the midft of this diftrefs, Mr. Boss, pafenger, and local preoher in the Anneition of the late Rev. JOHN WESLEY, like the true and faithful °trillion, with great refignation, exhorted and I prayed with his fellow-fufferers, and was heard by the furvivors to the very left lifting his voice in (applications and praifes to his Rtatastral Five tithe paffengers and four of the Crew having taken to the ihrouds were laved, by continuing there till the water was In lowered, that they could get on the chore about five in the morning. One other parer:ger, Mr.JeffeCarrovray nf Margate, was fwept off the deck, but MA providentially, after Tome little exertion, was thrown on the beach by the waves, and ercaped ; and fuppores that very loon after the cabin was filled with water, and (even paffengers who remained therein drowned ; and the remaining 14 and the Captain, who were on the deck, were then (wept away by the mereilefs waves ; as while he lay on the beach he heard a general (cream of diftrefs, and then all was Rill ! The fcene which the morning prefented to the fpedators, who by ten o'clock were Come hundreds from Margate and the neighbouring vil lages,it is impoffible to defcribe, as within the (pace of a milt and a half on the beach 16 men and women lay dead on the fhore, and very loon after Ewen other patfengers were taken in the fame Rate from the cabin, making in the whole 23 perfons, as follows : The raved perfons were: PASSRIEGARS. Mr. Ric Caraway , and Mr. W. Taylor, of Princes - Brett, Margate. Mr. Nuckle and Mr. Held, of Broadßairs Mr. Dan. of Rainfgate. Mr. Botbridge's Son, of St. Peter's. Edward Soya, Mate. W. Wood, J. Smith, Sogkton, Seamen. LOST.—OF MARGATE. a. Mr. join Goodborn, Calotain• Mr. George Boise, Carpenter. 3. ' Mr. Hoary Tbonnon, Dina 4. Sarah ThorotOn, his wife- s . Henry Thornton, their fan, aim s 3 yeas. 6. Mrs. Crow. 7. Thos. Edmunds, aged nine years, fon of Mr. Thos. Ed munds, White Hart las. PROM MARGATE. & Mils A. Smith NelMit, No. Ss Halle 4 geets a u " sarl ' et ' London. • 9. Mrs. Owen. Na 57. Radebliteffbees Lniulon• 10. Elizabeth Wood. of Littie-vassm, bee bream. I. Mary Hoof, of Rotberbithe. z. Sarah Watfon, of Folks:Souse, fame at the White Hart, Margate. MN RAPISOATI. s Rohmt. Both fermata to Mils is. Sarah ona, Tio. Vawdreet,i hulk , Care J w:aka, lasha 36. Robert Melville, of landau, Hatter. s 7. Farad= of 011181a4bast Mr. Pientes,dwanaher. 1 8. ••••—• Barites boy haw Mr. Bporgoan't. t 9. An Americus faßoroalms laid be hod boas eaft away before. TOM 1111LOADSTMILL WI Mrs. Jambi. Of Broodftabe. 2T. Mrs. 13. ohn Taylor, too Asia Taylor, lioirright of Wapping. /3. John Beasley, No. 9, laroliaregeg ear Paddington. • Mr. Thornton bu left a family of Bs &Vida orphans, ap •cr7 yotmi, to bora tbdt hda. PORTSNTOUTH, FEBRUARY tf. Sailed the DRUID, 0(32 guns, Capt. Ross, and' WINCHELSEA, of 32 guns, Capt. HATLEY, with ~ the ad Battalion of the 85th Regiment, for Jamai ca; alfo the BOADICEA, of 38 guns, Capt. Row- LEY, for Plymouth; and CARY sFoRT, of z 8 guns, Capt. DRUMMOND, on a entire after Smugglers ; alfo the Harriott, of Portfmouth, Pi N SON, for Gi braltar and Malaga ; Surprize, PEARSOD, for Lit= bon ; Hazard, Cu mantic, for Jamaica; George, BOYLE, for Lifbon ; Jamaica, Taos, rsom, for Ja maica; and Cygnet, CAMERON, for Antigua.—Ar ' rived here this day the Eall India (hip Lady Bur gefs from the Downs ; brig Admetus, GALLES, with coals from Sunderland. Laft night arrived the brig Hunter, STAPLES, from St. Michael's with fruit, bound to London. The wind having fhifted round to the Northward the chips that put back to St. Helen's again got under weigh this afternoon for Torbay. • i SHEERNESS, FER It., Sailed for Deptford the SANTA THERESA, RE- SOURCE, MINERVA frigate; and the FERRETTER gun brig, to the Great Nore.—Arrived from Portfmouth, and failed again for the River to be paid off, the PHAETON, CL EOPATRA, HEROINE, and la VOLAGE frigates.—Remain at the Nore the !hips as per laft.—Wind N. N. E. moderate.—Greai depredations have been committed here, by the water pirates among the (hips in ordinary: a few evenings ago a gang of them boarded the Hol fiein, Dania prize, and Role a &cam cable about too fathoms long. Numerous complaints are made on this fuhjell, not only from the flips in ordinary, but from merchant and collier (hips, who have full fered from thefe mifcreants. FROM LLOYD's LIST. DEAL, FEB. I i. —Wind N. N. E.—Sailed the PLANTAGANET man of war, and BEAULIEU frigate, for Portfmoudi ; MARVIS OF WELLESLEY, CI RENCESTER, LADYIJANE DUNDAS, and HOPE; Eaft Indiamen, and feveral other outward.bound veffels for their deftinations. GRAVESEND, Fes. t t.—Paft by the Duke of Clarence, AN DR awr., from the Cape of Good Hope; Caledonia, PAGE, from the South Seas; Triton, THOM r soN ,frorn Surinam ; John Adams,Pa aorr, from Savannah; Star, Limo Lam, from Bolton; Patriot, ----, from Virginia; Kitty, HUGH as, and Mediator, Owls, from Waterford.—Sailed the Argo;Vittrra, for Tobago; Felicity, WATER.. man, for Bolton; Two Friends, Vosa, for New York ; Twee Gebroders, and the Swift, for Hambro'. ARRIVED. On the Windward Coaft—Mcrtury, Sellers ; Lancafter, Wit hams ; Ariadne,'Mallett; Sitters. Sinclair; and Mary, Ball, from Liverpool. At Briltol.—Swift, from ja A Detnarara—Brilliant, Lack. frt e tivapool; Viaory, Brine; Commerce, Wl.evin; Retrieve, Barrett; and Expe dition, Wind. from Africa. At Liverpool—. Hope, Hall, from Africa; Liberty, Sands, from New Providence ; Mount Vernon —, from Maffaebu fettg ; Rodden, from ; Fanny, Williams, from St. Lock; anckyencrable, from Jamaica. - - • A Dover—Jnhn Adams, Pcrrct, from Savannah ; Mlive Love; and James and t o ot a. Butelser, from Lam; and Pal: !Mints. Swaney, from At Jamaica—Two Brothers, a—v-*; and CaMbridge, -- fr .m Nen; York. LAW INTELLIGENCE. COURT OF EXCHEQUER, FEB. rt. LEMURS 77. CRAWFORD. SEIZURE OF THE DUTCH CONVOY. This important que ftion, which involves propert y to the amount of upwards of 480,0001. and has fo long interefted the commercial world, and agitat ed the Courts of Weltminfter Y. ill, was brought to its ultimate decifion this day in the Court of Exchequer. The Barons of the Exchequer, and the Judges of the Common Pleas, with the exception of Mr. Juftice Hearn, whofe indifpofition prevented him from attending, delivered their opinions feria/int. Mr. Baron GRAHAM, as the junior Judge, firft pronounced his Judgment. He began by deducing the proceedings from their commencement.—lt was an aftion on a Policy of !durance for 20001. and the declaration Rated that his Majcfty, by an [ Aft of the 35th year of his reign, was empowered to make an order for providing for the fafety of !hips telonging to the United Provinces, which were or (bould be detained in any of his ports.— That on the t 3th of June, 1795, his Majeßy, by advice of his Privy Council, iffued his Royal Com miffion to James Crawford, Efq. the Defendant in error, and others, appointing them Commiffioners for the purpofes of the Ael, and empowering them to take all (hips belonging to the United Provinces which were or fhould be brought into any of the ports within his dominions, under their care, and to manage and difpofe of fuch (hips and their car goes to th e beft advantage. That on the loth of June, 1795. in confequence of fubfequent orders given to the Commander of his Majefly's (hips of war, a convoy of (even Dutch flips, belonging to the United Provinces, bound from America to Amlicrdam, were taken by Captain Ellington, and carried into St. Helena, of which advice was tranf mined to England. That the Defendant in error thereupon effeded policies upon the Mips, in the name of himfelf and others, as commillioners of Dutch property, infuring their fate arrival from St. Helena to London. That the convoy was in fafety at the time of of ling the infurance, and that it afterwards was driven by ilrefs of weather, into the Shannon, in Ireland; and that feveral of the (hips. were loft. The aCtion was for an average Ids of 4o per cent.. On the trial a verdiEt was given for the Plaintiff, the prefent Defendant in error, and a Bill of Exceptions was tendered, re citing the above fats : That the quctlion after wards came before the Court of King's Bench, I when judgment was given fur the Plaintiff. It now came before the Court (4E:chequer, upon a writ of error, and among the fever:if objections that were railed, the only one which it would be necef fary to confider was, that by which it was alledged the Plaintiffs in the original aelion, were not vett ed with an infurable intereft in the property they had infured at the time the infurance was effdtcd. The Learned Baron proceeded at great length, to difcufs this queftion—to follow him through the courfe of his elaborate arguments would, within our limits,. be a vain attempt ; fuffice it to fay, that he confidered the contra& as a faiii one, and the infurers apprifed of every circumftance with regard to the rifle. It had been urged that the Commiffioners could exercife no ad of ownerfhip as to this property, and that the petits of the fea commenced before their right to the thing infured. I He admitted that the Al of Parliament, and the King's Proclamation founded on it, gave no power, (Wetly (peaking, to the Commiflioners to take un der their care any (hips belonging to the United Provinces until their arrival in the Britifh ports ; ' but he was of opinion they had veiled in them a contingent intent}, which nothing but the interven tion of the perils of the lea could defeat. It was true they could exercife no aft of ownerfhip till the (hips arrived, but they were deeply interelled in proteifting the convoy from the perils of the tea, which, without the right of effening an infurance, they could not have done. Upon the whole he con fidered it was not necefrary the Commillioners fhould have had a vetted interett in the fubjat in fured; it was enough if they were interelted in its fafe arrival, and therefore he thought the judg ment of the Court of King's Bench ought to be af firmed. Mr. Juftice CHAMBRE obferved, that the policy was efFdled by the Defendants in error, in the clia raaer of Agents appointed to take charge of Dutch (hips for the benefit of thofe who might be ulti mately entitled to them. He felt himidf in an un pleat:ant fituation, having reafon to believe the opi nion he enterta'aied would not receive the iiipport of the other Judges. He fhould not regret, if his opinion was over-ruled, for he could not conceive why, upon confiderations of morality and honelly, the Underwriters fhould have refilled the prd:nt contraa. Tie was however fit mly of opinion, the Plaintiffs had no infurable intereft in the property attempted to be infured ; it was the property of his Majelly at the time the infurance was made, and the utmoft that could be Paid was, that it might be come infurable. It was manifclt, that the objeet of his Majefty's permiffion was property aftually in the ports of this country at the time, or which might afterwards arrive ; till its arrival, no change of property took place, but it remained as before in the 'Dutch owners. He confidered the Commiffioners as having only a bare authority to do paiticular aas—an authority coupled with no interell or difpofing power whatever, and there fore that the judgment of the Court of King's Bench ought to be reverted. Mr. Nike ROOKS was of opinion, that at the time of making the infurance, the po ll of the chips and cargoes was in the Crown ; and although the Commiffioners had no beneficial intereft for themfelves in the fubjea infured, yet whether they were confidered as Truftees for the • Crown—as (e t A ge nts for the purpofe of difpofing of a property wen it fhould arrive in England—or as the (lam ab Confignees--in either cafe they were entitled to effeet an infurance. He agreed, if no feizure of the convoy had been made at the time of the in furance, and the Commiflioners had (peculated upon the probability °finch an event, and effdted an infurance, that the policy would have been void. He not only thought the Plaintiffs had an infura ble intereft, but had fufficiently averred it in the declaration. Mr. Baron Titour sox raid it appeared to him the Plaintiffs under the Aa of Parliament and Commitfion had fuch an intereft as they might law fully infure. Mr. Baron HOTHAM obfcrved, the Commit*. (loners had clearly no intereft for themfelves ; but as Confignees or Truftees, or Agents for the pub lic or others, who might be ultimately entitled, they certainly had an intereft which they could in fure. He thought it abfurd to fuppofe that the Legiflature meant to delegate to the Commiffioners the power of fuperintending and managing the Dutch Blips to the belt advantage, and at the fame time to have denied them the right of making infurances, the mon effdtual means of their pre fervation. So inadequate and incomplete a dele gation ought not to be prefumed. The Ad ought to be conftrued more liberally, te ref magi: vafrat quam I) emit. The Legislature undoubtedly meant to give the CommilLoners every necelfary pornr for the fecurity and prote&ion of the property. The LORD CH i F BARON (*Donald) e >rpm fad himfelf to the fame effect. He confidered the fitu ation of the Commitlioners as analogous to that of Trulkes. His Majeay himfelf could not have perfonally infured there Mips ; conrequently if the Commitlioners could not have done fo, there could have been no infurance effeded by any perfon whatever. _ _ Lord ALS'ANTAY went at confiderable length into the confideration of the quellion : he con ceived that the very moment the commiffion fued, the Commit oners acquired the power in herent in every Trnflee of do:lig every thing ne ceffary for the protection of the property. He conlidered Captain Ellington as the mere Servant of the Commitlioners, for the purpofe of bringing home the Dutch convoy, and that the Comeoif (loners had a compleat troll veiled in them the moment of the feizure, though it was not to be executed till the Ships arrived in this cruntry. For there and a variety of other reafonc, which his Lordfhip Qated with a confiderable degree of per fpicuity, he profeffed himfelf decidedly in favour of the verdid pronounced by the Court of King's Bench. The opinions of the Judges being fix to one in favour of the Plaintiffs in the original anion, the judgment of the Court of King's Bench (lands affirmed, and they will immediately receive the immenfe fum of money infiircd, the whole of which has been paid into Conn, unicfs the Un derwriters think proper to yp.ial to the dernier refort—the Houk of Lords. COURT OF KING'S BENCH. Ma rt. The ATTORNEY-GENERAL moved fora writ of Haka: Corpus to be direded to a medical g-entle man keeping a haute for the reception of Lunatics at Newcattle, commanding him to bring up th.: body of George Robfon, in his cultody as a luna tic. From the affidavits which he had, he was lorry to fay, that the perfon on whole behalf he moved, was molt clearly confined from improper motives, and was no ways infane. He was a mem ber of a Volunteer Corps and muttered with his company, after that he went to church, and by' the affidavits of people who had known biro I,.ir twenty years, it was clear that diving ail that tire: he had not manifelted the leaa fymptom of intaiti ty ;. yet this man had peen committed by two Ma giarates, under the provitions of a late At Parliament, as an infaue perfon, and dangerous to the public peace to be left at large. Even Du. Wood himfelf, in his affidavit in anfwer to theirs, went not further than to fay,tha.he was liacorred in his perceptions,' which, in his opinion, amounted to infitnity. Mr. Juffice LE BLANC obferved, that the cafe had been before him at chambers, and he thought it belt to advife that he inould be vihted by two medical gentlemen, upon whofe report the Court would, upon application, know better how to ad. The ATTOKNEY•GENERAL replied, that he had been fo vilitcd ; but one of thole perfons was the family Phyfician of the gentleman who made ti:e application to the Magitratc to commit the poor fellow as a lunatic, and he had the affidavits of ten or twelve of his neighbours who conveytd him to his pi ifun, . (thinking theinfelses bound to do lo under the warrant) but they all agreed, that at that very time, there was not a more foe man exilling among tae whole of them. With regard to the certificate of the medical men, they dated, that while they were with him he was perfedly calm and very colleted in his refponfes to their ; yet, neverthelefs, they undertook to date that, from fads which they knew, he WAS " :coma in hi: Perarti:nr." 11e then proceeded to date thole fads ; 411 was, that he went to a place and Wilted-16u the Clerk of the Peace Iced ti ere, and demanded a Game Licence. He bAieved, indeed, this part would explain the whole sranfadion. In that part of the country force perfons might fancy this was a very convenient mode of getting rid of a poacher. In point of fad. however, the Clerk of the Peace had lived there for 30 years, but was lately removed, which he did not know, and this was the fird pool by the learn ed Dodors of his " incorr.^B pen-Ilion." The next was, that he faid he had poireifed four houles and gardens at Hexhtm, but they had been cre dibly informed that it was incorred, and he had but one. So, becaufe he had been guilty of a little bouncing with regard to the extent of his property, he was fuppofed to be infane. If that was proof of infanity, they had proofs every day of perfons, both within and without that Court, who exhibited the fame fymptoms. Mr. Jullice GROSE faid, he thought in this cafe the writ Mould be abfolute in the fird inllance,and made returnable before a Judge at chambers. CottET v. Lord KEITH.—Sir Thomas Living tone, a material witnefs in this caule, being abroad in the service of the country, the rule for a new trial was made abfolute, with liberty to each of the parties to examine witneifes by interrogatories. SMITH V. EDWARDS. This was an application originally made by Mr. ERSKINE to fet aside a Warrant of Attorney ob tained by fraud from the Defendant. The Plain tiff and Defendant had married two tiller., and were each of them entitled to the moiety of an elate which the Defendant occupied, and held for a leafe of twenty-one years, eleven of which were expired. Some money for rent, from 501. to 701. being due from the Defendant to the Plai , ntiff, Smith the Plaintiff, and his Attorney, came to the farm of the Defendant, near Eaft Grinftead, and wi(hed him to rellgn his leafe to the Plaintiff, who was his landlord , - in which cafe he was to have his hack rent forgiven him, but be declined. Mr. Barrow then produced a half Ihcet of paper, which he induced him to fign, telling him it would not harm him, and WAS merely to fatisfy Mr. Smith : this was in February laft, and, he fworc that he never underftood the nature of the inftru ' ment he figned till, in laft September, he WAS turn ed out of his farm—it being a Warrant of Attor • ney to confers a judgment in ejeament. The ATTORNUrGENERAL and 1V Ir. I now (hewed cause againft the Rule. They Itatco, that from their affidavits it appeared that the Rrument was read over twice to him, and the na ture of it explained. That he had been guilty of ;breaches of covenant, by which he had forfeited the leafe ; and that fo far from objecting to fin-- tender his leafe, he would then have given it up, but laid it was with tome one at Croydon. Mr. Jullice GRose fitid, the Courts looked with an acute eye at warrants of Attorney, and he on- furred that on the prefent was an . cra (lire. He could not alfo overlook that the Plaintifffeemed very anxious to get polfietTion, and yet, though his warrant of Attorney was dated in February, I:e took no Reps upon it till lallseptember. He thought that at lead this matter ought to be put into a train of enquiry. Mr. Justice LAWRENCE raid, there was great fitf picion upon the face of the tranEtetion. The Dts. fendant was an illiterate man, not being able to write. The Plaintiff and his Attorney cam to Coln by furprife, and, while he had no legal affi ance near, got him to execute this warrant of At torney. The releafe of breach of covenants, and the arrears of rent which the Plaintiff Rated as t.l'e confederation, - relied merely on verbal promife, and if denied, the Defendant had no means to enforce it. He thought, therefore, that fome further in vaigation into the trantaftion thould take place. It appearing that the Sheriff's Officer was in poffeflion under the writ of enquiry, The Court diretrled that 701. litould he brought into Court to cover the rent—that the whole thould be referred to the Mailer—and that, in the mean time, the Defendant thould remain in pofeflion of his farm, and the Warrant of Attorney to Ran 4 a kenrity for the breaches of covenant, if theMitf -1 ter thould rer•rt there had been any. .4 • t I I