Star. — London, England, 1805-08-01 00:00:00

NAUTICAL INTILLIGENCR. MAILS THIS DAY.Wind $. W. 4111%. OWL all. DVS. NAM 0 t I HamhurgT o 4 Waterford it I Gottenburgla o 3 FIII4OI7TH, JOLT s9.—Arrived the Fink cutter, Lieutenant NI c 'totems, from the Channel fleet, which g ig MI on Saturday evening lan. Lieutenant Mc H 0 L. s o% inftantly fe► off in a poll chaife and four for Lon. don: and the Fassa immediately failed for Plymouth. His Majelly's brig Moues tame failed from hence this c y cl ing to reconnoitre the difrnalled fhip, and has sot yet returned. Arrived yetlerday his Majefly's Nps Pasnaaa and Hoe IT, under convoy to Scilly; two former are to lie theft as lazarettos. Or r. are received W this night's poll for the imme• failing of the outward bound ERA India fleet, t he wind is now contrary.—Wind Well. Juts 30.---Arrived the Sivddifh (14 Sao Pieter, Capt. Nixt.sus, from Salo, with wine. Cowan, Jura 3o.—Arrived lall night, the Arne. rican (hip Hunter, Capt. H. DAYIIi, from Alexan dria, for orders, laden with tobacco. ?classroom JULY p.--Arrived the EUMNIII (loop of war from the Coati of Africa ; a (loop and two brigs came in with her; but have proceeded on to the Eaaward. Sailed the Trimmer, Fox, Nile, Lord Howe, Mary Ann, New Friends, Spider, aid Blanch tranfports,with Spanith prifoners forCorunna. This afternoon the telegraph communicated an order or the men on board the Armee to be turned over to the ORION, of 74 guns, Captain CODRINGTON, and that fhe fhould go to fea immediately. The older was fo peremptory, that it was loon repeated. She will fail to-morrow morning at day-light. The Ma WAR and DART, with the Well India convoy, have received orders to fail. Mat., JULY ;I. —Nothing ha; occurred fusee yef terday of any importance, the wind continuing AiII at S.W. which detains the Calais and Boulogne (qua druns. The EDGAR, of 74. guns, is expetted down next tide, from Chatham. ANOTHER LETTER, SAME DATE.—Sailed the ARAB (loop of war for Portfmonth ; alfo the Calais and Boulogne fquadrons for their refpeitive (cations. Sailed through the Downs the Alexander, VoLF, fcr New York ; and the Holland, PANTOW, for Ja m .ica. Arrived I'AmIABLE frigate from the north. ward. Came down from from the River the Nor thumberland, Captain RAINCOCIE, for the Eall In• dies, and remains in the Downs with the rat of the (hips as per lalt. YARMOUTH, JULY 3 t.—Yellerday evening the Baltic Fleet, of about 30 fail, paired this port under convoy, with a breeze at S. W.—Sailed on a mixt, the CRUIEER and MossILL Hoops of war, and Ana gun brig. Arrived the Musoprro (loop of war, and remains in there roads with the Rol au c st, of 44 guns, and two cutters. Several prizes have been feat it by the North Sea Fleet. GREENOCK, JULY 29. —The Oidefiord, HebtaT, (detained by the Neptune, M'KIwLaY,) failed on Friday for Amlierdam, being now rclealrd. GREENLAND FISHERY. Hutt., JULY 19. —In the courfe of left week the following vcf frh arrived here from the whale fitheries From Greenland—The Truckte, Milner. 9 60s. 260 butts of blubber; and the Sarah And Elizabeth,Esvbanh, !3 61b, 230 butts, From Davis's Streights—The Cato, Wheldon, is 6C1i,480 butts of blubber; the North Briton, Briggs, tot 6fh, 370 butts; mid the Traveller, Folk:, 9 6m, 320 butts. The North Briton lett Davies Streights on the 23d. and the Cato on the 29th June. When they left the ice, the weather was aid 6fh pkatiftd. DUN Dli, JULY 26.-Vednefday arrived the Jean sluice, CH503701'1111 matter, from Davis's Straits, it;th which will boil too tons of oil. The Captain reports, that he parted at the Straits with the following Blips belonging t 3 Dundee, on the 28th ult. vii. Mary Anne, 8 fill,—Horn, 7—Ad vice s—and Eaftridge 2. Livstroot., JULY 2g.—Captain GRIMM, of the from Charletton,fpoke the Annawan, from hence for Philadelphia, off the Banks of Newfound iaad, out to days, all well. Wednefday morning, the fhip Julia, Captain VICIMLY, from Virginia, in gf.ing into the King's Dock, unfortunately grounded a [LC Baron. and received fuch confiderable damage, that AC tear only a fniall part of her cargo, confill mg of tobacco, will be raved ; but we arc happy to fey (begot into dock fame night. The Ellis, Roacn, fichn Surinam. arrived here on Tuefday $ the failed in company with the Hawk, Tama*. file 92tbeC I the Polly. CONDON, for Newfoundland the Coro w4liii, Baasn, for Briikol ; and khooner Juvernia, i4r this port. The Ellis towed the Polly to the lat. 17. N. lung. 56. 30. W. and parted company with her and the Hawk at the 26th June. Kept company with the Cornwallis to the lat. 27. N. long. 57. 20. W. and parted with her on the ad ink. all well. Arrived-41e Diana, Mann ; Ann, Willoughby, and the Pred. dwt, It.ee, front hence at the Gold Coaß ; Referee, Rodman, from *lice at Bolton; Tippoo Saib, --...-, from hence at Savannah ; NW. from hence at Montreal; ERher, Rafe, from hence at Quebec; Prince's Royal, —, from hence at Newfoundland; Mentor, Shat rock ; Margaret. Bryan, and Friendihip, Dale, from lance at Dublin ; Roe. Irvin, from hence at Angola; Juno, Mal colm, from hence at Savannah; Nanny, Alnlwortk, and Jack Park, Rimmer, from Africa at Charletton ; Lord Rodney, Car 14e,Mary and Hannah, Blofield, and the Adveuture,Tyaek,from ditto at Surinam; if, from hence at Arichat ; Cbcfhire, Thompfon, from hence At Cork; Hodgkinfon, Watfon, from Lent: at Newry. The Virthous Grace, CAILITON, from Fowey, fur (tivbcc, is captured by a French privateer. Vine, Lowrie, horn ciporto, is arrived at PRO lALLLOYD's LIST. 011A.HIPI• ' Join 3tr-Paleby the Minerva, Haiti from Bor. ton • Emanuel,Stevenfom firm Norway ; Limerick, Ran, and the _Joanna Wilhetmina, --- from Harlingen. Sailed the Ben Lomond, Mitchell, for Dente:rare ; Penelope, Bryan, fur Yuca tan; London Packet, M'Dougall, for Philadelphia; Ifabella, Rob fon, for Peterfburgh ; Fidelity, Edmond. ; Commerce, Tindall, and the Venue, Johnftone, for Tonningcn. THE BRITPIH NAVY. Monthly Statement of the Diltribution of the Britifh Naval Force, to the ift of AuFtnil Line. so', !erg. Sp.l to 44 .1 - In port and fitting, - ' 18 9 3 0 93 Guard chips - . - 3 2 3 3 Inthe Englith and frith Channel. 29 o 26 tsB to the Downs and North SCA* 4 4 9 144 At the Weft India Iflands,and os the Paffage - - - 13 • 17 23 Jamaica Ration 7 o 8 a 8 America & Newfoundland Rations • a 6 12 lift Indies, and on the Palfage - I A Ica 8 Coati. of Africa . . 8 e i 3 Spain, Portugal and Gibraltar - 13 0 a 6 In the Mediterranean &on Patna z la 8 13 With (rated Orders .. - o z oo Hofpital and Prifon Ihips - 15 I a I Total in Commilion - 1 tiS 11 111 454 Receiving i►ips . ' S 3 3 1 Serviceable, and repairing for (cr y-Ice A - - - 2S 3 i a InOrdinag - - - sp 8 18 r 7 Building - • - - t 6 u 13 as Total - 275 3s 166 363 STATIC •T TUX oiLLINAIT AT ZACII POET. P•rtfm•utk - :6 I 13 10 Plymouth - • - Li 3 11 3 Chatham • - - 9 0 6 4 3hcamcfs • - • - 2 1 4 3 River • - " • 7 3 9 5 Total - - 49 1 4 44 27 LAW INTELLIGENCE. e.l at. 706 ...... 12 8 79 Hiatt COVIT Or ADPIII•LTY.YeIIerday the Right Hon. Sir W. SCOTT proceeded to the adjudi cation of the following cafes : The Hoop, Moiler mailer.—This ship, under Pru Man colours, laden with a cargo of wine, on a voyage from Bourdeauz to Ernb - den, W.lll captured on the itth of February by his Majcfty's (hip Cruiser, John Hancock, EN. commander, and brought into Yar mouth, and the cafe now came before the Court on further proof of the property and deftination —lt was contended on the part of the captors that there was a total failure of proof as to the former, and in regard to the otter it was perfectly clear from the Ltuation in which the veifd was found at the time of the capture, it was the Intention of the neutral mailer to get into Oltend. This being a queftion of nautical skill ss to the deftination, the Court was siGiled by two Trinity Mailers, who were of a decided opinion that he intended to gate Oftend. Ship and cargo condi:fluted as g 0.4 and lawful prize to the captors. Commerce, Parke maiter....Property condemned. The Michael, Mieran malter.--.The Hazard, Haaman market —This was a queftion of falvage. It appeared that the owners bad made a tender of at guineas to the Salvers for the fervkes per formed—The Court, after hearing the evidence and the merits of the cafe, was of opinion, that it was a mere queltion of pilotage, and therefore held the tender to be fufheient, and condemned the affertai Salvers in the colts from the time of the tender. COURT OF KING'S BENCH, JULY 27. YIAZIR V. •YLEI. This was an anion to recover the amount of two Navy Bills, which the Defendant had prevented the Board from paying. The Defendant, wbo is a !hip-builder, ralident in Devonfhire, had contraded with Government to build leveral (mall Chips of war, and got all his payments in Navy Bills through his agent, Mr. John Adams, who procured them to be difcounted by Meffrs. Bar ber and Co. The Defendant had fucceffively ap pointed two other perfons to be his agents ; the bills iii quetlion were received at the Navy Pay-office, by Balthazar Adams for his brother, to whom he for warded them, and who paffed them to the Plaintiff, having endorfed them per procuration of 0. Ayles in the ufual way ; the Defendant having, as before Rated, appointed another agent. Before the bills were due, the Defendant went to the Navy Office, and 4U-cited that they fhould not be paid ; in confe quence of which, the anion was brought againft him. It appearing, however, in the fubfequent powers of Attorney, that he had not authorifed any of them, except Adams, to endorfe Navy Bills for him ; Lord ELLIIIIIOII.OUON thought, he could not re voke a greater power by a teller, and a yet Sid of 5451. 35. 6d. was given for the Plaintiff. COURT OF CHANCERY, JULY 30. BAILLII V. !AMU[ AND ALVES. A few days fence we gave force account of a tank (Kaye v. Baillie), detailing tranfations by which thefe proceedings in Chancery are in tome degree ex plained. The prefent application to the Court was to procure aft order for the payment into the Bank of England, in the name of the Accountant• General, of the turn of Sit& 175 Rated to be due from the De fendants, George Blithe, and Archibald Alves, his partner, to the Plaintiff, in her charater as admini. Real ix of Frafer and Valentine. The entire funs of 141161. 17s. was Paid to have been the total balance due; but 60001. had been paid by the Defendants. The prefent Rage of the bufinefs in Court, was on a fifth ai,fwer made by George Baillie, 13 years after the deceafe of one of the parties, and is afterthedeath of the other, on whofe eitate the Plaintiff claimed. Mr James Baillie, the huiband of the Plaintiff, left, at the difpofal of his widow and children, a property to the extent of nearly Soo,oool. (Aka to all the iocumbrancts incident to Welt India property ? which perhaps amounted to half a million iterling, and re duced the fortune of his family to about 300,0001. The Lady and his infant progeny were incompetent to the management of thefe complicated affairs, and they devolved into the hands of Mr. George Baillie, one of the Defendants in this caufe, and in confequence of this agency he received the funds in quellinn. Mr. PIGGOT, on the part of the Plaintiff, contend ed for the propriety of the order for the payment of the amount, 8,1161. 171. into the hands of the Accountant• General. Mr. Alves, the partner of Mr. Baillie, did not think fit to refill the demand, at limit he acknowledged the balance, but contended that he was only liable to the extent of one-third, as he had an interelt in that proportion in the part nerfhip, to which the money devolved. Mr. Bane, on the contrary, oppo(ed every confefEon of debt, to the lilt moment ; but the lorned Counfel trult ed, if not from any ditlina p,srfpicuous paffege,' yet, from the general tenor of the language of the refpondent, it could be Canty collated, that its ac knowledged the ezilicace of the debt to the amount this applicatTonfoleght to retlore to the Plaintiff. The Defeadant, Geo. Baillie, was happily relieved, during a few luminous moments, from the fcepticifm to which he ordinarily fubmitted, and that was fufficient to produce, on a fair conflration, his recognition of the claim. All the reit might be confidered as a fort of pofiliminons preface, to render intricate what in itfelf was apparent. r. Geo. Baillie Teemed to con template this inllitution as a court of inquifition, whole arbitrary decrees it *was honourable to repel ; a debt, however, was a legal and moral obligation, which this Court, whatever might be its.defeas, in his mind, it would inflrua him to regard. Mr. ROMILLY and Mr. Haar having followed on the fame fide. Mr. [Umtata., Mr. J.aoas, and Mr. PLOWDIII, for Mr. Gen. Baillie, refilled this demand on feveral grounds. In the Ertl place, it was maintained, parti cularly by Mr. Plowden, that there was here an at tempt to procure in the form of a motion, what by ' the rules of Court could only be obtained on a bear ing of the merits The Sum here Aced to be brought into Court, was the whole fum in the ac count made up by Mr. Winter—and all which in any view could be recovered under the Bill filed by the Plaintiff, if the Ihould be found in the tight, when the merits of the cafe came to be heard. This fum, however, Mr. Baillie had nut in his anfwers ted to be due ; to the reference by which it was afcer tained, the Plaintiff was not a party ; it was a tran faaion entirely between Mr. Alves and Mr. Baillie ; the accountant had been appointed by Mr. AlvesMr. Baillie had never even fern the account, and it bad never been aced on by Baillie and Alves as a fettle-. ment of matters between them. In addition to this, it was contended that Mr. Geo. Baillie having admi niflered to the Ohms of Meths. Ballantyne and Fra fer in St. Vincent's, and having thereby made himfelf and his property there refponlible for the acts in his hands, it would be a great hardthipon him to make him pay into Court here ; and it would be a piece of injuf tice to the creditors there, who might confill ofjudg ment, bond, and common contras creditors, to make them come into a Court of Equity an this country, where all preferences and priorities would be broken down, and their feveral rights would be confounded or done away. There .as another circumflance on which the Learned Counfel Rrongly retied, as pre- eluding Mr. Geo. Baillie, even thouli he be ready to admit the juflice of the balance, and did he lie un der no inconvenience of his colonial adminiftration to the eßates of Ballantyne and Frafer, from paying away the balances in his hand.—Ballantyne and Frafer, at the time of their deaths, were debtors to Mr. James Baillie, the Plaintiff's hulband,in xo,000l.; their elates were completely bankrupt. And the Plaintiff, as file Executrix of her hutband, had, in the year 1796, for a valuable confideration, made over all her hufband's climes and effeas, to the De fendant, George Baillie, and others, as truflees for the creditors, and for a variety of other purpofes, which Rill remained to be executed.—lt could nut, therefore, be the Plaintiff, as Adnairiflratrix to are eßates of Ballantyne and Frafer, which were blank- i and greatly indebted to the deceafed Jaines Baillie, to whom the Defendant, Georg e Baillie, mull be called on to account , but to himfelf ' as foie or joint aaing Trußee under that deed. As Adminißratrix to Ballantyne and Frafer, the Plaintiff could only be entitled to draw after all claims aga.nll them were fatisfied ; and, as Mfignor of het hutband's property for the benefit of his creditors, the could not be 'en titled is this manner again to draw back fo large a fum into her awn hands. At all events, if the Plain tiff was entitled to recover any thing from the Defen dant, Mr. Baillie, it could only be his proportion of the fum due to the elates of Mr. Ballantyne and Mr. Frafer, being the extent of two thirds of the debt. Mr. Tuorarsow, for Archibald Alves, obferved, that whatever might be the decilion of his Lordthip, on the balance due, that in the prefent Rage at !call his client would not be required by any order to pay more than one third, or the proportion of his interell in the partnerthip with the other Defendant, George Baillie. The LORD CHANCELLOR told him there were feve ral points to which it wonid not be neceffary for him to dire& his attention. The Plaintiff here claimed to have affets paid into Court, not as the a(lignor of the property of her hufband, J. Baillie, but as ad miniarato ix to the eßates of Ballantyne and Prefer, to which the Defendants were indebted ; send al- though The was the fame perfou who in a different ca. pacity had made over her hufband's eßates in truft to the Defendant and others, that could not prevent her from claiming, that the money due by the De fendant George Baillie to the eßates to which the had adminiftered, fhould be paid into Couit, where i would remain fubjed to the claims of thole bed end tied to it. The colonial adminiftration, and the truft deed on which the Defendant had founded, indeed of favouring his plea, made againd him. As colo nial adminidrator to the eßates of Billantyne and Frafer and as trace under the deed executed by the Plaintiff in 1796, he otti s Lt to have known what fum he in his individual capacity was indebted to hirnfelf as acting in thufe two• feparate confidential charac ters, yet none of his various anfwers to the bill evinc ed a t!ifpofition to make fuch a declaration. The only thing which [truck his Lordfhip as requiring explanation was thole which fell Elvin Mr. Plowden in his outlet ; did the bill claim a general fum, of which the 8.164 was only a part i and then, had the Defendant admitted this fum ? Mr. Picooyr endeavoured to fatisfy his Lord(hip on thole twe points, from the prayer of the bill, and the foul th and fifth anfwers given in by the Defendant. His Lordibip faid, he fhould confider till tomor row morning what import thofe papers would admit of. He felt every inclination to determine in favour of the Plaintiff, convinced that any thing in the an- Ewers had been relutlantly extorted from the Defen dant. He mufl, however, not allow his inclination to lead him to depart from the rules of the Court.— He fhould alto at the fame time determine as to whe ther the meffenger &mid bp clifcharged. ' Till ATTORNIT 0111MEItAl, V. JACKSON. The ATTORISY GastRAL faid, 'be had looked into the precedents, conformable to his Lorsifhip's Oefire, and that he found two cafes, where it was pot requi red, that in bequels to charitable purpofes, all the parties Lbould be brought before the Court. The one was the Attorney General •. Shelly ; the other the Attornef General v. Wyburg. Mr.Romit.sr, for the Defendant, argued. that thefe cafes were contrary to the regular praftice of the Coasts Thee was a Witch shore ancient cafe decided by Lord Cot entry, c hancellor in the time of Charles I. It was called the E ltt Grinflead cafe, and there the oppofite doarine was held. His Learned Friend, Mr. Witham', had taken the_pains to confult the Regiact. boot on the cafe of the Attorney General and Shel. ly, and it was found that the decilion turned on a point different (iron that Rated by the Reporter.— The whole was thenreduced to a rfifirtra of Lord Mac clesfield, as given in a fhort note by Salkeld, and his k.ardiltip would not think fuch an ininlated pairage, under fuch doubtful circumtlances, futficient in over, rule the falutary principles founded in fuhßantial jut: tice, which had beetifo long itcognifed. WiDIIIIIIpAIN ;pair St. THI ATTORWIT piolti•tr v. JACKSON. We noticed yeßerday ltfti Lordflsip's intention of giving his decifion on the obje6tion to the deficiency . ufthe parties in this caufe. The LORD Cireacst.r.orri 4 The queßion is, the Cuurt can advance in the prefent date of the rt.- cord as to the parties? In this Rage I mull *fume, that there were cßates and houfes fubjea to the charge for which thefe proceedings are had, and fur ther, that the proprietors of the one are, and of the otherare not hefore the Court."—His Lordship then commented on the three cafes we mentioned yeßer day, and cited the following Wage from Lord Re. defdale's publication :—" When you obit& to the want of . parties, it is not necefary you Mould point out the individuals by name; it will be enough to: give Come defcription, which will enable him (the' Plaintiff) to make them parties." His Lordarip, continued I think this is the meaning of Lord' Macclesfield, in the cafe of the Attorney General et.' Wyburg. The Conn has gone a vaR way indc*tt in relieving under deficiencies of form in cafes charity. The refult of the doctrine in all the cafesii at leaft this : that if there be brisught before al' Court a party who, in refpeet of lands poffefed ttlr him, is liable to a rent charge not clearly pointed out, the Court will go on to fayi if the Defendant W' liable. Whether the Court will charge the Defers. dant exclufively, or leave him to proceed againi ; others alfu liable, is a different queftion. The Conti! will not Rop for want of parties under cireumßancen fo put, and I think it the better way to go on, for if it Would appear thofe lands Are nut charaeable, , the information will be dilmiffed." The ATTORNEY GENERAL—" This point being fettled, 1 with to apprife the Gentlemen on the other fide, that I confider invalid one objeCtion they have taken to the information, viz. that notice of a rent charge is neccdary to the purchafers. 1 bete therefore mull infilt on another privilege of charities,. and on the authority of the tales in Dukes Charita bit Ufes of EA Grinllead, end of Woodford Paola' v. Parker, I affert that no filch notice is required." The firft Rep in fir ppott of the information was to. have been the produetion of the will, but by fonts millake, the Officer from the Prerogative Court bronght a copy • infiead of the original. On being • called into the body of the Court, he was incapable of giving any explanation of the matter to hie Lordikip. The ATTORNRY GIINSRAL aid, the will was an terior to the fire of London, and it was highly pro. bable the original had been burnt. Mr. Ito MI LIA dirt riot know .enough of the hiflory of the fire of London todetermine if 41 the wills in this Commons were de(lroyed. On account of this unforefeen difficulty, the far. ther hearing was pofiponed. CAP IL O. amoug. This was an appeal from the order of the Mailer of the Rolls. The queilion was, if a contra were' valid made by the late Henry Capel, the tellator, on which would depend the right of the heir at law to an elate, or of the other branches of the family to the money given for it The Loan Cmascst.t.oa—" We mull reverfe the decree, and refer it to the Mallet to enquite if the tellator in his life time, and at what time, executed any agreement for the puichate of the premiks t an 4 further, to name the perfons with whom the agree ment was made, and the time fuch perfons ligned fuch agreement, and if within the life time of ihn to ator." J. VANCOVVIIL, isq._ v. I. MUSS. This came before the Court underthree exceptions to the Matter's report, taken by the Plaintiff. The Plaintiff and Defendant dined together on Monday. the s ttt March, ao 1, when the former fold to the latter an eftate of Ivo acres of Land, called Sutton Farm, near Woodbridge, Suffolk. The price for the farm and dock was to be t toad. and poffeffion was to be given the fucceeding Tburfday. On the elate was a neat and elegant (porting teat, extenf►ve plantations, and it was fupplied with abundance of game. The common land in the neighbourhood was Paid t 9 have the fingular advantage of prevent ing every fpecies of difut der in the animals fupported upon it. Mr. RICHARDS, for the Plaintiff, Paid, that the three exceptions to the Mailer's report were, firft, that he had declared an incompetent title where a valid title elided ; fecondly, that he had rejetfted the evidence fuited to eftablilh it ; and thirdly, that au erroneous ftatement was given of the ►ights of corn. moe, tending to render the contra et between the par ties nugatory. The learned Counfel produced the deeds to maintain the &II exception ; he hated the forms of evidence to eflablifb the fecond, and to fup port the third he read numerous affidavits, (hewing, that the rights of common were cos redly fet .ont to the contra t. Mr. ROMILLY, for the Defendant, argued, that the report of the Mailer was, in every particular, coned} ;he laid, not the femblance of a title was [hewn by the Plaintiff, excepting long poffelMon to part of the ground ; and that, hippo:led by oral ter. timony, was not loch a title as the Court would deem fufficient to induce it to enforce the contrae, The Learned Connie} havingtaken this arong grout.d on the invalidity of the titic, thought it leis nerd. fart' to difcufs the inferior parts of the cafe, refpe&ing the rights of common, and the rules of teflimuny be. fq-e the Mailer. The Loan CHANCELLOA..--" There are two dif tinelions lint, if a good title be made ; fecondly, if ill title being good, ytt be fo unequivocal as to 411 thorife compelling the purchafer to accept it. I thraw ;hii out that yon may dirt et )RIF attcntioo awe is'. maately to it."