Star. — London, England, 1805-08-07 00:00:00

From the LONDON GAZ11774 Augefl G. MILL VARY PROMOTIONS. WAR-ortiCE, AUGUST 6. tft R eg iment of Deaiznnn Gordy—Veterinary Surgeon lA9Piarn Clarlifon, frosts the King's German Legion. t be Veterinary Sitegeno. vire Cordeauc, appointed to the Ordnance Service. Sth Ditto..-Ceenet Stephen Moore to be Lieutenant, without per du*: Cornet Fdward Kellett to be Ditto. 6th Ditto—Affiftant Surgeon George M. Callow, from the rth Foot. to he Allitlant Surgeon. 34 Reg i on . * o f Dra g onoe—c o rn e t William Clifford to be lieute nant. without pm-chafe. ;otti Regiment oft fight rragoons--Cornet James Ruffen, from the loth Light llragoons, to be Cornet, without purchafe, vice Lumley. promoted. irb Ditto—Cornet Charles Creagh tore Lieutenant by purchafe. vice Bird. promoted; iMetander Barton, sent. to be Cornet, vie. Creagli; John Peron, Gent. to be Veterinary Surgeon, vice f •onnew, who refigns. ttth Ditto—Coeuet William Abtos, from the tyth Light Dra rams. -0 he lieutenant, by purchafe, vice Griffith. promoted. Ifith Dido—Cornets Fdward Charles. Cocks, George Fredoriok Harvey, and Arthur Kennedy, to be Lieutenants, without per chafe. iett, I fitto--Riehard Duquefne, Gent. to ht Cornet, without pur chafe. vice Hartwell, promote.'; William Hargrave, Gent. to to: Vactinary Surgeon, vice Price, appointed to the Ordnance Service. Sid Ditto--Cornet Jtifeph Vernon to he Lieutenant, without pur chafe, vice Hutchinfon. appointed Paymalter ; l'homas Pater. fon Gent. robe Corner, vice Vernon. std Ditto—Hofpital M de Thomas little to be Alflidant Surgeon, vi..- Davis. who refigns. I:th Ditto. -- Walton, Gent. to he Cornet. withoug purchafe,' vice RulTell, appointed to the th I.ight Dragoons. /ft Regiment of Fiad—A. M.Donald, Gent. to be Enfign, without., purchafe, vice James Cowell, promoted; A Stewart, Gent. to Fnfign, without purchafe, vice John Cowell, promoted. 4th Unto—Lieutenant-Colonel Henry William Efpinaffe, from the tli:h Foot, to be Lieutenant-Colonel, vice Briufey, appoint. ed t tho. Nova Scotia Fencitiles. sth Dit• i—Hofpital Mate Lamisert Tate to be AffilLnt Surgeon, vice C.:1Iow, appointed to the 6th Dragoon Guards. 9th Ditto—Captain Robert Jenkins, from half pay of the 4th Dragoon Guards, to be Captain of a Company, vice tolkes, who exchanges. 18:ti Di;t..—Lieutenant-Colonel Lionel Smith. from the Nova Sendc hencihles, to he Licutenant-cototiel, vice kfpinatn-, ap pointed to the 4th FilOt. 10th Ditto--Etifign John Hogg to he Lieu tenant,without pv rehafe, vice Adams, promoted I, the Lath Foot; hnfigo :orephen White to be Ditto, site South, promoted in the Regiment of Malta; Montgomory, Gala, to he Enfign, vice H..pg. sill Ditto--" , rconti Lieutenavt I awrence Brown to be Flea Lieu tenant, by purchafe, vice Beni promoted. 14th Ditto—art.r-Mattor Thoin.is Nlaling to be Adjutant, with the rani of Enfign. • cc Adam., promoted in the 59th Foot; (tarter-Matter-Serjeant Robert Bekbcr to be Q.2arter Matter, vice Malang. 36th ientertant Patrick Graham to he Captain of a Com pany, by purchafe, vice Hogg, promoted ; Etifign and Adjutant --Hopkins to have the rank of Lieutesatt; Fitfigti and Ad jutant James NaA to have the rank of Lieutenant ; Ettlign John Brooks to he Lieutenant, without purchafe, vice Campbell. pro. muted; hotign Jofeph Snlith to be Lieutenant, vice Graham; Edward Dupre, Gent to be Enfign, vice Brook: ; Lawrence Clever,, Gent. to be Enfign, by purchafe, vice Clarke, pro. ratted . 28th Regiment of Foot. To be Idrutenante, e%ithout purehafe—Filligns Robert Johiton, ke.hert HLktuty. ant Chas Caddell. To be Enfigvs— I human Clarks, Gent. vice Johnfon Volunteer hamuel Crammer, vice BLekeney, L'Ettrange, Gent. vice Caddell. ph Ditto-lianid O'Haherty, Gent. to be AlGnant Surgeon, vice 01-icighan, deceafed. 31,1 Ditto-Dillon Junes, Gent. to be Ariitant Surgeon, vice limit. who fellatio. 34th bitto--.Affiftant Surgeon Edward Thornhill Lufeombe, from the ad Dragoons, to be Surgeon. 35th Ditto--linfign A. Robertfon to be Lieutenant, without par chafe; Enfign Charles Gregory to be Ditto; Davies, Gent. to be Folio, vice Robertfon, and R. D. Chiles, Gent. to be En figs, without purchale, vice Edwards, who refigns. 36th Ditto-. George Ledingham. tient. to be kmfign, without purchafe. vice Mantell, who refigno. 45th I itto-Win. Perk, Gent, to be Enlign, without purchafe, vice Come, promoted in the 95th Foot. 47th Ditto-40r George Frafer, from the 4th Welt India Re ginient, to be Lieutenant, by purchafe, rice Frain-Mon, pro. m•ted. and Samuel I' Foote, Gent. to be Eitfign, by purchafe, vict C'u'rie, promoted std Ditto-Auguitus liaise& Gent. to be Enfign, without pur chafe, vice Blatt, promoted. 6adDitto-Lieutenant Hon. Henry 'Fenton, from the 34th Foot, to be Captain of a Company, by purehafe, vice Dawfun, who retires, and Entign Wm. Loave Heard to be Lieutenant, without potchafe, rice S. Humphreys, who retires. 6:d Dam-Lieutenant W. H. Murray, trum the both Foot, to be .U 4 .11101314. Without pure hole. I,:th Di.tu--Eidigi, William Poole to be Lieutenant, by purchafe, eke Coj, who reties. DIllco•-ll'utenosit Richard Ryan to be Captain of a Com pany, without pure: aL, vice /Mfrs, appointed to the 9 b Ve teran Bott.dom. stub Ditto—Lieutenant lion. James Stewart to he Capt in of a lonipany, by purchafe, and Lieutenant Hun. H. R. Polscuhant to be Czpitin of a Company, by purchafe. To k Fiat Lteutenants--Second Lieutenant Boyle Travers. vice Stewart ; Entign Anthony Coane, from the 45th Foot, without Pnrcbsfe. and Lofign John Graham, from the toth lout, with out porthole. be gliartcr Matter—Acing Quarter Maftcr Angus Ni'Do nald, vice M . kenzit, appointed Paymafter. 971111)in., -- de Guilbcrmy to be lieutenant, without pur choir, vice Burdett. promoted in the 34th Foot, aid Fr..cis to be. Fotign, by purchafe, vice Coppitiger, pro _ touted. ludic 12.8iment—Lionenant William Hedderwkl,from tllc 24th F,wr , to be Captain of a Compaoy, by purckarc, who The Kiag's German Legion. tit Regiment of Dragooos—Ludolph Heuer, Grot. to be V eterl- 14ry rd..► blaicui:, vice CLritfutt, appoiuted to the Firit Dr.,goun • Gua rlt Regime:R(4 Light Dragons-i-Cornet Emit RuJiiiitobe Lieu tenant, rice Dueiug. appointed to the. is rh Light lle.qpirinii, and knlign Gottliib de Heinihruch, trout the 11l ilittaliusi of Light hitantry, to he Carnet. all Biota:ion of Light infantry—brifign Henry de Heinikruch .to be leltifigu, vice H in,Litali, appointed to the tit Regiment of. Light De:loons Ith Royal Vitei dr, Partalion--Drevet Lieutenant Colonel Ruben Walker to be I.lr 1,l roam Colonel. ,w tlluo — ilrae. t I .ictitcnant Colonel William Oilmen Hamilton. tnim tha kojalt , to be Lieutenant Colonel, vice Campbell, de. ci4fed. Neva So)ti.4 Felicibles. Wen the 4th Ftut , t. be Lieut.-Colonel, SIIIIIII. 4rieit tea to the tilth Fuot Licut,tuatt G. A. Wetherall to be 'in of a Company. vie.: Col. wit., ri.tigu.; alp Henry J mta Kepi tt to be kit uteltant. vice \. calculi; John M - Nall, Gent. ;lieutenant with ttmpurary nolo to be 41411. vice ISCAVti. prontuted in the 34(11 het Rit;11444 DC& .141, Gent. tu be Lap, vice kernett. rtuntut.AL start. I..bri mum.", Efoi. from halt•pay. to he a Deputy Comtmeary t.ertur.l of M.ortu, Provifions, and Tor..gc the infect, ••••is Afatam Conuoiltdrie• of Stores, Provitions, anti Forage to the Toren : 44.idest. Ilia, Ct , tv: and Charlet, l'r.ut, Gem. riOS ICAL 1 Al+. ?Quell Nark, M. 1), aunt half pay, 1... t bt an lapater of rd Regiment of Royal EaR India Volunteers. neeant t•''m 41 . :tu thllnwsrto k Captala id a Conspanyoriee I.4tlral, ww.) rcL 4 na. Wali.art Damn it astray to be licerulant. vice Glamour. Luagn, vice Kant ay. TLe ipipiroittnest of Enka Joich Wood to be I.ieuttuattt, v;.!host phadta . e. it the 624 /W s tics If uttspikrica, tabu • .ir es , a• it attd Nl tht Gatate of t 134. sjtJa us ;tx La, bAr I: '4 6_ PARIVIRStiftS btq'SOLVEb. John Randle and James CLsrke, linen-drapers, Manckefter. July 29, tBO5. Wm. Nlvm and Charles Brooke. feather-manta, kurers,Chehles ltreet, Bedford•fquare. Aural 5. tilos. John Wiyg Ayers ant Robert Clayton, brewers, Batterfea. May 2s. t 8 5. Ely Bottomley and William Farmer, lightumett, Whitefriars...— March sy, 1804. Francis Viekerman. George T)yints, John Prieft. and John Vicker man. merchants, Taylor-hill, Yorkihire. AprU 30, tflOt. James Gordon and Alezaedet M•Knightokapera, Dudley, War cefteraire. July 3 . 1,11115. Charles Hill and Jahn Garton, bleachers, Nottingham. July 26, tBot. James Butt and James Wolfe, boat builders, Lambeth. Auguß 2, Robert Cooke and Samuel Cooke, miners, Haughton, Lanealltire. Auguß 2,1805. BANKRUPTS. Wil lam Wing, now r r late of Stamford, Lincolnfhire, vidualler and innkeeper, dealer and ekapman. to furremier Auguft to, so, and Septenber 17, at eleven, at the George Inn, St. Martin's, Stamford Baron. Attorney, Mr. Redifer, Stamford. jorephßichards of Prince's Stairs, Rotherhithe, Surrey. vidtualler, dealer and chapman, Ants* '7, 31. and September t 7, at teo, at Guildhall. Attorney, Mr. Holloway, Chane• rv-lane. John Blunt and Robert Seollay, of the Coal Exchange, London, coal-faElors and copartners, Auguß to, 17, and Sept 17, at ten, at Guildhall. Attorney, Mr. Allan, London-ftre, t, Fettehurels- Brett. Anthony Beck. of Oiford•Rrert, Middkfez, fadler, dealer and chapman, Auguft 17,28, and Srpt t 7, at one, at Guildba/L Attorney. Mr. Beckett, Clement's Inn. John Scholt6eld, of Cateaton arcet. London, wareboufeman, dealer and chapman, Auguft to, 14, and Sept. 17. at tat, at Ooiidbail. Attorney, Mr. Lamb, No 163, Alderfgate-ftreet. LAW LNIELLIGENCE COURT OF CHANCERY, AUGUST S. CRIVALIIR DI Guam O. USURY LORD F'AUCONIIIO ♦NS OTN IRS. We noticed tb6 cafe on Monday lall : it now came before the Court on exceptions to the Mailer's repent. The firit was with regard to the evidence ; the licond, to the confirnition on that evidence.-- Nathaniel Piggot, one of the parties, died fince the commencement of the fuit. It refpeited the will of Anne Fairfax, dated the 17th of March, 1784. The cattle was heard in this Court or, the 19th of pine, dot, in confequence of which, the report, on nu merals faits, was referred to one of the Mailers, and on the s6th of left month that report was given. The will, after various devices, allitzned all the refl and refidue of the perfonal dices of the tettattix to her executors (the Defendants), upon a troll, that they, t.r the furvivor of them, Ihould apply and dil: pufe of the fame as fht: by a codicil Ihould And for want of fuch appointment, then to pay and apply it to Charles Redden and John de Garcen, who were thus made her refiduary legatees. The codicil was fuhfequently annexed, anti contained (mall legacies to the following perfons, or communi. ties To the Superior dale Benediaine Monks of the North and South Provinces, :001. 2. To the fon. Nlinillers of the Chapels of Gating, Lopley, and Mtcklegate, tool. each. 3. To the Superiorefs of the Bencdietine Nuns of Cambray, loci 4. To the Soperiorefs of the Poor Nuns of St. Claire, cool. 5. To the Supedurefs of the Black Nuns of Pad., sod. 6. To the Superiorefs of the Benediaine Nuns of Loraine, —. 7. To John Boulton, of Gilling Caftle, rcaol. for the maintenance of a Catholic Mi Miter in any fituation he Ihould fele& The queltion on the original bill was. whether thee legacies were valid ; or, whether being nuga tory, the rums fib intended to be applied, were to de volve to the tcliditary legatee, the prefent Plaintiff ? Mr. ROMILLY, for the Plaintiff, Paid, that the ft l. lowing queltions were referred to the Mailer, with refpea to theft ecclefiaflical in:litutions : tlt, If there were any Superiors to thefe orders ? Idly, If there were Superiors, what was their office ; and whether legacies could devolve to them ? Further, where they were refident at the time of the death of the telt:stria, and when the report was made ? The learn ed Count - el, after reciting the report of the Mailer, dated the evidence which had been laid. before him, and the codicil of the will. The principal authority on which the report was founded, was the affidavit of John Blurt, Doane of the Sorbonne, and of five or fix other canonical gentlemen. The Matter found there were eftablifhments of the kind mentioned in the will ; that there were Su periors to there institutions ; and he not only points' out their fittiation, but their duties. He gives the amount if the whole eflate at 15,2171. of which 10,4781. is in a mortgage, and 1,6501. -the eftimate of a houft belonging to the tellatrix in Grosvenor (beet. tie finds that aoool. had been laid out upon fecurities, and he nate. the interefl accruing upon it. Mr. Romney argued. that the Mailer. instead of dating the eziglenee of thefe religious tircieties, ought to have found in his report that they had been abro gated and deliroyed. The Plaintiff was a foreigner it was true, but he was refident in this country, pay ing at least a temporary allegiance to the Sovereign, and he was as touch entitled to the potation of the laws of this country as any other individual. The Plaintiff was the neat ell relation, and the objea of the peculiar favour of the telt:mix. It was very ex traordina: y that the Mader, intlead of feeking pro fellional affillance for the eondrua ion of foreign laws, had taken the opinion of clerical perfons, who would be fuppoled to he wholly unacquainted with juridi cal fultjea. unconnected with the Cation Law. Learned Counfel was fortunately povided with the opinions of Francois de Turnot, a Counfellor of the Parliament of Paris, born at Rouen. of the age of 42 years. This Getitleman depotes to the former es 'lichee of the Orders dittirignifhed in the will, but alien:, that on the 13th of February. 1790, they • were fiipprelfed. He does not content hint elf with giving his opinion, but cites hi. authorities. He lays, that No. 45 ttfthe 31oniteur gives the decrees of the National Atteuably, which, with refpal to tilde or. ders, declarant, font el dvoteurent anoullii en France. He lays, that Intuit the diffolution of their ellablifitments a Superior was only a temporary chief ; that he was retnoveuble at pleafure : that in law, if a male. he was only a monk ; if a female, the was only a nun ; and that, male or female, they took only fibs the be nefit uf thc infittution to which they belonged. Zalie. gaud sequirit nionachue, ad monajlerimas aegairiiisr. The mitt tit the Parliament of Dij..n declares legacies to be void, the application of which was not fpecifically aided. Religious perfons were considered, with re (pelt to property, as culprits doomed to death ; they could receive no legacies. Among the authoritie s %looted by the Learned Profelfor were, the etlid of t 749 rettrating perform in Inortmain ; the Didion . . monk, es loon Its he has made prnfefiinn, is dead,' ?wad tittilia ; he cannot poilifi property I all he ac. quires is for the benefit of the convent. The lame principle is recognized in Dertlzar't Coll:Mote de 7ortj: prudence, title Mort Livilt, where the principal quell tions on civil death are * Rated. To thefe he adds, Loix Eeckfillliguee de la France, par Loreis de Herigitoi: The affidavit of Monfieur Samuel Coffiart was ann. ther refpatable fnurce by which the Mafia 11:61 not been Alined in his decilion. He depoles, that by the decree of the National Affembly, thefe religious perfons were deprived of their - rank as the regular clergy ; that they were thrown into the mats of le culars ; and that they no longer exifted as a canoni cal institution. The Learned C-unfel cited from a MS. in the collation of the Britilh Mufeum, with which one of the librarians attended, the ob fervance if poverty ordained by St. Benedift. Ne guts pr forme aliguid dare oat ampere ;—net nihil omits°, onmia omnibus font cominunia. Another difium of equal importance, was that of the Cardinal De Tune.— Net guifguam aliquid &cat. nee tefuntat aliguid fount. Not even a pen, or a bodkin, ant graphium ant aces, could by their own property. To thee the Learned Conrail :Oders the decrees of the Council of Trent, and the CatX MOnailiClN, all of which were arrang ed on the floor of the Court. Mr. ROMILLY was greatly ifioniflied, that fuch an ecclefialiical ella blilliment was fisted as that of the north and tomb province' of England. He had heard of the province of York and Canterbury; but with this ecclefiaf heal geography he was whoily s n icquainted, and it fo much resembled the inftituii. n of a Catholic hierarchy, that he could not wonder at the indig. nation againft the Papal power among the lower orders, althopgh heclifipproved of it. It WAS not to be fuppofed, that the Legiflatiire could have lately aged from the fentiment to which he had jull adverted ; hut although the liberal mind would give every poffible indulgence to the dilates of con lcience, yet it was neither difcreet nor decent, that a report recognizing this canonical division of the kingdom Ihnuld he admitted on the files of the Court. After entering much at length on the prin ciples of foreign law, and on the general adoption of thefe throughout Catholic Europe,the Learned Coun. fel direfted his attention to the maxims of Britifh ju rifprudence. as Itated in Littleton, Coke, Brookes, and Lord Redefdale, noticing in his progrefs the na tutes of the to of Edward Vf. and of the 9th Geo. [I. as applicable to this lubjed. He concluded with remarking that thefe legacies could not be valid, be caufe the whole of the property which mull be ap propriated to them were either in mortgage or in leafehold, and therefore in the nature of real prope.- ty, fo that they could not be given in mortmain. Mr. - Pic col-, on behalf of the Legatees, contended that thefe Superiors were cot to be confidered as re prefentatives of a relig order, but-as individuals, and as the private and confidential friends of the tef tatrix. lithe piefent Plaintiff were the next of kin, and connated with the teltatrix in the bonds of affec tion, it was fingular, that of this near and dear friend the had not learnt the lame, for John, nct Joseph de Careen, was appointed her reficloary legatee.—The Learned Counftl thought, during the Ipeech of his learned Friend,that he had been ii anfported into Come Catholic country, where the Papal rights were mak zealoufly fupported. He would confidently main tain, that even in the time of Henry VIII. before the reformation, no fuch dottrines would have been endured as were urged on the prefent occafion. Mr. PICCOT followed his learned opponent through the feveral Englith authorities he had cited, and con tended they were all favourable to the legatees. The LORD CHANCILLoa- 0 The firft words are, I, give to each Superior of the Monks of the North and South province. Can I recognife an any man or wo man the Charaeler of Superior in the North and South of England ?" Mr. Paccior My . Lord, this is only the method in which the teftatrix hat chofen to designate parti cular perfons, et certain #l, good cerium fedi; m pot o. Here is nothing fiduciary, nothing in at, as i n the cafe of Smart and Prugen, 6 Vefey, 560. That was a bequestto Sifter Winifred Clare, the confideration for which was, that fifty MARS, and one annual malt, for the poor foul of the teliarrix, were to be performed. Some of thefe Eccleflailical Societies are now eltablifhed iii Dorfetfhire and in Lancafhire, , and the fame names, forms, and diftinftions are continued wherever any of thefe communities 'lade." —The ibluntent dferra THOMPSON AND FOREMAN V. BUNN. We' have noticed the arguments in this caufe in two recent Reports ; and, in the lall, the recr mmen darion of the CH MCC!. LOA of an amicable adjustment of the difference• between the parties. AS his Lordihip was about to pronounce judg ment, Mr. ROMILLY interpofed, and lignified, that according to the advice of his L , rdlhip, all matters in dilpute in this carve were referred to the arbitra• tioa of Mr. Thomas Maltby, Mr. William Hood, and. Mr: Samuel Brandram. Pet mltfion was given to the arbitrators to' enl•rrge the time, and it was agreed not to the any bill in this Court until the award was made. The Lola) CHANCILLOIL." I think they have aited very wifely." IARTTLILOT V. HAWICFR. for the i'l;intiffi;this cafe, Rated that his Client had married the mother of the Defen dant in the year 1783. fn May, 1786, Inc Lady eloped from her hufband, and in September, 1787, during the interval between which and tfty, '786, the Plaintiff had no accers to his wife, the Defendant wilt born. It was therefore nhvi , us, that (he was •an illegitimate child, and in consequence, a divorce a menja & thorn had been obtained againfi her mo ther. The Plaintiff held certain Mates in life -rent, which, in' the event of their being children of the marriage, went to them in remainder, but, in the failure of filch children, the fee fimple reverted to the Plaintiff• The bill Hated, that there was danger of the Defendant's claiming an interell in thefe climes as a legitimate child; and, AS the Plaintiff had no power at prefent to compel a legal in. velligation into her right in this charader, prayed a commißion, while witnelLs yet elided who could prove the fans, for perpetuating the teflimony of witneffes to eltablillt, that from May 1786, to Sep. tember 1737,• the Plaintiff had not had any accefs to his wife, the Defendant's mother. The Learned COunkl Rated, that he underßood it was objettedby the Defendant, in:the leiteral*plea of demurrer, that ' enhld tint he entertained.' Thi. I.e wag difpotte. and. in ancwer, addut I :..he ce v: May, where a bill having hecn filed to the Plaintiff was a legitimate child, a croft alfo filed, to (hew that he was nut legitimate ; And though that averment was clearly negative, w a s e 1. tertained. In the fame way, the Learned C . let maintained, if the Defendant in the prefekt cafe alledged, that his evidence was merely Revive. was in her, the Defendant's, power to overturn it, by filing a crofs bill. Mr. Aorta, fnr the Defendant, argued that no hill for perpetuating tetlimony, merely rf a negative na curt, could be entertained. The cafe of May v. May was not altogether, nor, indeed, at all in point.— There it was afferted, in contradiaion to the plea of legitimacy, not only that the child was illegitimate, but a particular fad was relied on, from which filch illegitimacy would be inflrufted. Here, however, the Facts were completely negative, or, rather, refolved into an inference deducible from ciiciimltances not fully and fultantially let forth in the bill. There were however, betides this plea, which the Defendant teemed in itfelf fufficient, the being in Inch a cafe en titled to plead only by way of demurrer, other air cumftances which his L iii.ffhip would think not altogether unworthy of confederation. The elope ment, as alTerted in the bill, took place in the year 1786, and the Defendant was, according to the lime tiatement, born in the year 1787. It was not, however, till the year 1790, that the atlion against the adulterer was brought. The divorce a morfa et thoro was not obtained from D. , flors' Commons till the year *797 ; the Bill now demurred to was not filed till the year rtlot, and at length, after a lapfe of 18 years from the birth of the Defendant, came on to be argued in the year tBog. The Learned Connie' begged his Lordthip to confider, if Bills of A nature like the prefent were at all to be lillencd to, whether they could be entertained under circumaances fimilar totfinfe which now prelemed themfelves. The Defendant was equally a min I now as the was at the time of her birth, or at the time when the action of damages was brought against the feducer of her mo ther. If perpetuating the tellinsony o• all the witnef les able to prove how far the Plaintiff had had accefs to his wife, from May, 5786. to September, 1787, had been the object in the view of the Plaintiff, how could he have done fo more effectually than by filing a bill to that purpofe, immediately after the birth of the child ? Then there might have been lime ground for fuppofing that a fair and complete teltimony might have been procured. The Defendant was then, as much as at prefent, an adult in the eye of law, and then the circumstances of her cafe, and of the inter courfe b:tween her mother and the Plaintiff, her re puted father, mu'l have been more generally known. Eighteen ye trs, however, had been allowed to elapfe, during all which time it was in the power of the Plaintiff to have filed a bill fi milar to the prefent..— Having omitted, during all this great fpace of time, to do to, what inference naturally fuggetled itfelf, but that the evidence which could have proved the accefs having now failed, the Defendant willed to avail himfelf of that occurrence to edablifk the nega tive of the potition. The Learned COW id therefore febmitted that tie demurrer mutt be allowed. ..The. LORD CHANCILLCC conlidered the pelvic as a quettion of the very high:it importance. It the point of jitrifdietion bad remained entire, he Omuta have been inclined to reject it. Having, however, Co. fat as he could recoiled in" his prailice, been eni formly admitted by ever y Chancellor who for the latt twenty-five years had fat in that Chair, he was bound to follow a fimilar courfe. There was, how ever, in the preterit bill, a want of a fpecific fate on which to ground the. inference (which alone it was) of nun-amt:, which, if not fuppiied, he thought muds prove fatal to the bill. As, for inllance, it was net. charged that from the month of May *786 to Au. gull 1787, the Plaintiff retitled entillantly in loch and fuch a place, and never quitted it, while at the fame time the mother of the Defendant remained in another, and ditlanr flotation, to which; in the na ture of things, the Plaintiff could have no accefs, but it was deemed fufficient, without fpecifying the fait as to place of abode, to affert that no fuch accefs had been bad. He therefore willed, to lave expence to both parties, that the Plaintiff &wild he allowed to amend his bill. If he chofe to do fo, is would he the taller for the Defendant, a; her alien ion would be then called to a fpecific fad. If the Plaintiff fail ed fo to amend his bill,his Lordlhip would difpofe of it accordingly. In the event of the bill being amend-, ed, the Defendant would alto be entitled •to amend her plea of demurrer, and then the ,question on the law of the Court on that point would come to a fair dircuffion. DOWNSHIIIt ELTCTION—On Wednefday evening the date of the poll for the county of Down ttood as follows : -For Vireount Caftlereagh • For LieutrnAut Coload Mead e Majority State of the poll on Thutfdaty Fur Vireount Cattlaeagh - For Licutchaut COLA: RI Meade ' 114 tos X 24 .-; Alajcit it y —3O GLOUCESTER ELECTInN.—We are informed by our Correlpondent from °Cid:sneerler that the Eleetion of Captain MORRIS, for that place, is now confider ed As cersi,in.—The attempts which have been made to convert this opulent and refpeClable City into a Family /Arome, have again rnufed that Ipil it of In ceisenslance which, at the memorable contelt in 1739, fecureci to the Freemen of Gloucefler a worthy and indcpendant Citizen of their own to reprefent them in Parliament, and which oa the prefent occafion cannot tail to cruwn their exertions with fimilar tucceiS. The quantity of rain which fell during the• lea month, was equal to three inches and a half in depth. Tire barometer on the evzrage was 30,047, beiqg hig!.er than during any given month for leveret yeafs pall. It is a cirenmflance highly flittering to this ccrun try, that 'although the little Emperor of the Gauls fuc.eeds in general, but too ....ell, in prejudicing 'he minds of hio newly created tititjetts against u s , all his endeavours to reitrain them from pnrchafing in our Nails or adventuring m our Lotteries, have hitherto proved inelfatuAl. Such is the Jeff of a f a ir an d liberal fyitem of fpecutation, where the foccefsful adventurer cannot be deprived or defrauded of his fortunate purehafe, but h a s it amply fecs•esluL!.......Arins • fhClt^!•. ) l 1.1111 , 7 ri thcw [lilt nri hill wAs