Star. — London, England, 1815-01-27 00:00:00

111VDSOR,* JANUARY 26. T h e r:itICCSS CHARLOTT It of WALKS, attended . by at ly in has visited the Quoit and Pam. " r ',bay th is week, tint has not stopped to dinner, Critahourn Lodge. Her MAJESTY and returning 110 . 3 1 d aug i hters have not left the Castle durin the %s g ' k, owing to the noletnency of the weather. p s i s:es s C'it.tto.orra has attained great ptofic.ettcy in music 3n ,i sc ientific knowledge, and gave great p roo f s of tin i her tai , l and exec on n a performance of a Con. , crio o n the grand piano-forte at the celebration of the rhucrei at Frogmore Lodge, accompa. 2 c oe j on the violoncello by General Tanta, and the viuliu by Gene-. 41 UFA% BRIGHTON, JANl.T.iitt 911. f e: ,,enger, with dispatches to the Palms lb em,l.„urived nt the Pavilion on Tuesday. It had %,, e p 'unwired here that this Messenger lost his life 10.1 d, as he was returning back to London; :hough thus dues not turn out to be the case : it op ,cari that an orderly dragoon. belonging to the 7th, , ; ;, 0 ; Li d been at the Pavilion upon besiness, was l'und dead near Patcham, three miles and a half torn hence, on the Cuckfield route, yesterday morn. Jug. It is supposed that the dragoon's horse fell and !cabled his rider, and that the intense coldness of he night, lubsequently, destroyed him. NAVAL INTELLIGENCE. •• The B on ita:ll, ' Heidtman, from Meant to Castrapol, put into Carthagena the 24th u ltimo, with loss of main-mast, and wai repAiriog. 1 he Nancy, Patterson, from Malaga to Belfast, is retaken b 7 the Papillon sloop of war, and airrW Into Olbrakar. The Regent, Brown, train Laden, arrived at Brouvrenhann, :he 16th instant, with loss of anchor and cable, bound to Rot •erd3m. The Theodore, Dorenbes, from Boordeaux to Ametardans, was writhed the middle of this month near Ansehind—part of the cargo saved. ihe 'fris, Anderson, from Lerwig, was on shore near Yar ao.cth yesterday, but expected to be got off. FALMOUTH, JANUARY 24. Arrive:! the Marlborough packet, from Lisbon, vita mails, in 15 days s also a man of war brig, name otknown. Wind S. strong gales and dirty weather. PLYMOUTH, JANUARY U. S.,iled the Onssics, sloop of war, for Ireland, with .1 convoy ; and the ARGO and HELICON on a crnize. PORTSMOUTH, JANUARY 26. Sailed his Iklajesty's ship DEXTROUS to the East- Dropt d )wn to St. Helen's Ruads, his Ma i):stV. elrp CIIATHAII, and will sail tatuotrow to uize A the Western hies. DEAL, JANUARY 26. Nothing arrived or sailed. Wind S. with snow. GRAVESEND, JANUARY IS. Arrived the Jane, Fish, from ROMA • rAlleilly Onfl6. frftln ihinlirk; sad I'Delhe, Dehen, from Ca ws.—WM the Usenet, Baker, fur Malta; Cenci, Ben, for Tenerife ; Sipplewarth, Hoe tea ; and Loyal Briton, Harris, for hawks ; Apes Mstarting; and Navi:acor, Brown, for St. Christopher's; and idwerd, Pit tner, for Madeira. LADECIL OF THE REDOUBTABLE 7+ Gins SKIP AT WOoLWlCll.—Yesterday being the day appointed for the launch of this magnificent man of war, notwidi• standing the extreme severity of the weather, by. twelve o 'clock crowds of pelile of all descripsionn were assembled. The REDOUBTABLE was laid down at the same time as the NELsON, which was launched last summer, and has been five years in building.— Her burthen is 1758 tons, gun deck 176 feet five inches, keel 145 feet, breadth in extreme 47 feet 8 inches, depth in hold 21 feet 4 inch. By one o'clock the whole yard was so much crowded that it was deemed expedient by the Commissioners to place extra officers at the gates leading to her bead, where the ceremony of christening was to be performed. At' the stern of the ship several seats were erected for the accommodation of the friends of the Lords of the Admiralty and others; they were lined with crimson cloth, and occupied by elegantly dressed females.— About half-est one o'clock, Mr. Commissioner Cue- Vinume arrived with his daughter, an elegant young Lady, and conducted her to the ship's bows, =aril* Nobility, Gentry, &c. A bottle of claret being intro. diced, the Master Shipwright pawed ont a glass, and gave se Success to the Rmovaraaut." The glass was ..hen passed to the Commissioner, Officers, /cc. who cheerfully joined in a sentiment so purely Bri tish. A full bottle was then handed to Miss Cue aiNcliAli, who, dashing it against the ship, gave her the name of 41 RnourrmiLa. In a few seconds afterwards the shores were knocked away, and she moved from the cradles amidst the shouts of many thousand spectators. An excellent band at the in. .sta:a struck.up Rule Britannia, and the effect is only to be conceived by those who have been witnesses of such a scene. The ship dashed into the water with out the slightest accident ; the' greatest regularity prorAilcd in every department; sad. after her immer sion, she dropped anchor, proudly distinguished by the flag she is destined to defend. An accumulation of ice coming in contact with her bows, made a (rash, but the velocity of her motion soon opened a clear channel. No accidents happened, thoogh, fpm the imm ense crow d s several persons were plac.ed its perilous situations. ASTONISHING Luce—No. Nip drawn thhaamere iag a Prize of £20,000, being the first-drawn above ‘ 2 5, was entitled to the additional sum of .2%000 making a Prize of 4840,000! !I in One Half, One Quarter, one Eighth, and Two Sixteenths, bold by . Marna and Co. 8, Cornhill. Friday a Common Hall was held at the Guildhall, Wcrcester, to deliberate on the propriety of petitios ja: Parliament respecting the Tax upon Property Lid Income, and other War Taxes. At .this Meet .ng a considerable difference of opinion aloes es the distinction between the Property Tax and the Income Ta t . All were petitioning . agausst the latter; but a coimiderable number spoke an fav6ur of retaining the termer, apd R. SPOONER, Esq. moved Resolutions to that effect. After a long discussion, the Resolutions moved by Mr. SPOONER were carried by a great ma , prity ; and it was farther resolved, that a Petition upon the subject should be presented to the House of Commons by the City Members, or, in their absence, by the Cotmey Members. The Hon. W. H. Lvvrt.a. TON expressed his acquiescence in this arraogesalmt• He said he should always be happy to study the wishes and interests of the City of Worcester; as fire his opi. l sion of the subject under discussion, that seazained Wbe expressed-la attache: place. 27- LAW INTELLIGENCE. ~ii • LENT CIALVIT. • , . The 14km/ism Circuit; ante fixed, yesterday-1 Noaroca--Lord itieuls.sro an; IV:r. Justice Hee& , Mincents—Lerd Chief co ,stud PO% hid. Bayley. • • Noatiptitui.. 6 Lerd CAI Met Tlielipeolt Jade* Le ltwitax. • . Hoses—Mr. Justice Chunk* and Mr. Ser. Ilk Weeniest—Mr. Baron Graham and Mr. ittinei DielPfer, Oiroart—Mr. Justice Mlles and Mr. Berea Riau*. PREROGATIVE =mg', I,9IUAItY CUALMICItS V. CATHIAN/OOD Uli OTHERS. This case came befire the Court on the admissirm of the allegation. The question arose with respect to several iniesecuted papers, propounded as codicils to the will of W. Looker, formed y of Great Carter. lane, Doctor's Commons, anti lately of the Excise- Office, avtl of Islington, in the county of Middlesex Gals dec aced. It appeared that the deceased diet on the 25th of November last, at the advanced age of 70 years, and upwards, his death.hiseinkbeen occasioned by being run over by a ceariage, leaving a widow, three sons, and one daughter. That in the year 1807 he made a formal will, attested by three witnesses, in which he gave to his dim Mark* 11192 per annum, and totally , .his eldest That afterwards he drew up a paper be called ,a ; en, in which he gave to his daughter Charlotte 41 per annum, and the use of hisemie and. furniture' ,during her life. . •. The Court (Sir Joint Ifscsoitir) thee recapitulat theiffticles of the alltgation,vas dearlY of opinion, that these.several usexecuted papers war to be eon• sidaed only as deliberative memorandums, and fore pronounced for the regular executed paper, ditek in 1807, as containing the last will and testament if the deceased, and rejected the allegation. MOWS AND gammon v. HARMON. This was a similar question, upon the validity of a testamentary paper, pleaded as a codicil - to the will' of William Parke, Esq. formerly of the Hermitage house, Jamaica, but late of Gower-street, Bedford square. The deceased had, whilst in Jamaica, duly execs. ted his will, appointing hi:. brother, Charles Parks, Esq. and John Risen and Glorge Harrison, Elgin. executors and guardians of hi children. He afterwards came to England, and resided in Gower-strcet, Bedfot d-square, where he died sud denly, being found dead in his bed on the morning of the 27th April, 1813. Search being made by the, executors, they, in the drawer of a book-case, found, a marble-coveted book with a piece of paper robnd it, fastened by wafers, on opening which, they found it to contain, in the deceased's hand - writing, a copy of the will in Jamaica. Eleven other papers were (mud in the same drawer, three of them tied up with the copy of the will, and the rest loose. These pa pers being all iu a very informal and imperfect state, d several of them operating to the prejudice of three of the defendant's children, who were minors; the - executors deemed it necessary to take the opinion of the Court upon their validity. An allegation was therefore now offered on the part of Samuel Baldwin Harrison, Esq. the executor named in one of them, pleading the circumstances be fore stated, with the addition of certain declarations of the deceased to Mr. Harrison, to the effect of the alterations which the papers alluded to, but which he delayed first until' be bad seen his professional ad. ' risers, and afterwards until the arrival of a friend , from Jamaica, which never occurred. The same objections were urged to those papers, as in the last case; and Sir JOHN NICHOL'. was of a similar opinion as to their being merely memorand contemplative of some future testamentary disposi tion, but never intended to operate in their present form. He therefore pronounced against them, re jected the allegation, and granted probate of the will only. alt JOHN MATHUEN POONA, BART. AND DORYILLE FOWL" AND ITN& This was a question upon the validity of two pa purporting to be codicils to the will of Edward Cre Esq. late of West End, Hens, but propoun .dad the one as the will, and the other as a codicil to it. The deceased had made his will, dated April 19.. 1803, and attested by three witnesses, appointing Sir John Methuen Poore, Ban. and John Dorville, Esq. executors. Immedi ately ander the attestation was ' this memorandum in the deceased's hand-writing :- 6 1 There was a codicil whith I have cut off, having made two others on a distinct sheet of paper, but without any date." The second paper purported to be a codicil to the first, and was dated the 24th Fe bruary, 1814, and attested by three witnesses. It ap- Stinted William Fowle Walpole Eyre, and John Esqrs. executors, but without revoking the *raciest:met in the will, of Sir John Poore as an, executor. Tile third japer was a letter addressed by the de-, erased to John Dorville and Walpole Eyre, Esqrs: as his executors, but taking no notice of the others, 'containing dire ctions relative to his funeral, and subs , joining a draft for te3oo on his bankers, payable tit m. On the oilier aide of this letter, however, w this memorandum :- 64 This is a codicil to my will is the blue bag at West End ; but which will I have ' iince cancelled, purporting to make another. The , codicil . P.ust. however, 'stand for a will.—Edward Poore, 2'2d June, 1814." The deceased died at the Portland Hotel, in July last, where he had been staying some short time pre viously For the benefit of better medical assistance than he could procure in the country; and the will and other papers alluded to were afterwards found in the blue bag which he bad there with him. The will was not cancelled, as stated in the paper of the 22d of June, but underscored in many places, with several marginal notes, and tbe pin relating to the funeral struck through. • An allegation was now offered on th codicil of Mr. Fowle and Mr. Eyre , propounding the of the 24th February, 1814, as t he last will, and the letter or paper of the '22d of June as a codicil to it ; and it was contended, that from the terms of the latter, it was evidently the deceased's intention that they should le so considered. • On the other hand, it was urged, that the terms of the paper of the 22d of June merely imparted the de ceased's intention that the codicil of the 94th of Fe bruary should stand as a will-only in contemplation. lathe will itself being cancelled; that no act of can cellation having taken place, it remained , as. before , Merely . 4 codica, and roost therefore be proved with the int ; Whilst tie paper of 22d 11.3und Could only ' I . l owa 11111midsied as an evidence, .that the deceased was dam upon an act, that of cancelling the will, ich bii,piter afterwards tarried into effecf... -- " fili Joist Mends. coacurted- la the' lotteriitgb ateist.,Asserving in particular, that from the deceased alluding in the paper of 22d of June to the will Wag Mien in the blue bag at West End, and its' Ge is* found it his death in his possession at • the oort load hotel, it was evident that he might have Corti; Omitted the act of cancellation had he thonet pro wer Th e will and codicil of the 2i-th of February e therefore established, and the second codicil pronounced against by the rejection of the allegation. COURT OP CHANCERY, JANUARY 26. ZARL CUOLUONDELET AND LORD CLINTON. 4 111 E LORD CHANCELLOR stated as follows :•••• 44 In this case, in which a Solicitor has become concerned for two opposite parties, I requested die two Chief Justices of the Courts of King's Bench and Common Pleas, and, the Chief. B iron of the Exchequer, to procure for me. the opinion of the Judges. 1 have not yet had the opinion of the Barons of the Exche quer; but the opinion of the Judges of the Courts of Ling s' and Common Pleas was laid before Ma yesterday, aftd,that opinion is—' That no Solici tor is authorised as %act. 6 The same is the opinion of the Master of the Rolls, and of the Vice-Chancel lor likewise.' When I shall have had the opinion of the Barons of the Exchequer, I shall let you know." ' RODLEY W. INGLIS, lELLIS. ADD co. Mr. HART, in this case, applied to his Lordship for an injunction to restrain the defendants from pro testing certain bills of exchange given by the plaintiff to Mt. G. Mattison, and to prevent them from send ing them out protested to the Nand of Tobago.— The application was founded on a number of affida vits, the substance of which was, that Mr. Rodley bought an estate, called MoontPleasant, in the island of Tobago, of Mr. G. Morrison, for which he gave six bills for £lOOO each, dated the 2.5 th of March, 1811, payable at one, two, three, four, five, and six months after sight. The bills were accepted by the house of Rodley and Co. of London, and lodged in the hands of the defendants. It was, h.-sever, dis covered that Mr. Morrison was not enabled to pro duce a legal title to the estate; on which it was agreed between the Plaintiff and Mr. Morrison's At torney in Tobago, that the former should retain pos session of the estate till April, 1816, upon granting Mr. Morrison a bill of exchange for £3OO, which he granted, with this special indorsement, that it should ooly be accepted by his house in London, when the Illiefendants had given up a set of six hint of 411000 each, as before-mentioned. This was all agreed to ems both sides ; but when the plaintiff's house be London came to ask the defendants for she bills, they 'would not return them ; but declared they would mom thencas not having been paid, and would re. tist* dim to Tobago as so protested. The object of the prelim application was to restrain them heft doing either the one thing ar the other." The.LoaD CHANCIILLOa said, that it was impose sible for him to grant an injunction of this nature, which would go to take away the legal liability of those bills of exchange, provided the plaintiff was liable to pay them; especially us this application was made unknown to the defendants, at least as far as the Court was informed, of the progress of it. Mr. HART thought his Lordship might grant an injunction to stay the protesting of bills, on the eppii. cation of the party liable for them, as it would not remove his liability, since be himself was the person applying for the injunction. His Lordship asked, how he could do a thing of that kind, anticipating the decision of a Court of L:tw ; that an injunction -granted under such circum stances, would not take away the plaintiff's legal lia bility to pay the amount of these bills ? Mr. HART then proposed that his Lordship should then grant the latter part of the injunction, testraining the defendant front sending out the bills protested to the I4.:nd of Tobago. The LORD CHANCELLOR did not feel himself au thorised vven to do that, unless the defendants had received notice to appear against the application it they so pleased. It was therefore ordered, that the defendants should have notice of a motion on this subject for Saturday next. IN THE VICE-CHANCELLOR'S COURT, . UNION DISSENTING CHAPEL AT ISLINGTON. BARN ELL W. BLACRITT. This wits a most interesting case, arising on the Annuity Act, respecting an annuity granted by a Mr. Cowen, lessee of the Earl of Northampton, and builder of the Union Dissenting Chapel, at Islington, erected by his Lordship's direction, for the accom modation of all the Dissenters of every description. Two other houses were built adjoining to and belong ing to the Chapel. An anneity was granted of the whole to the Plain tiff, of £450. per annum, which was, by a subse quent contract, in which the annuitant concurred, re duced to £Booa year, by sale of one of the adjoining houses, which of course had diminished the orignal security of the annuity. There was an omission in not duly registering the memorial of this new mar shalled and reduced annuity, as required by the Act, which, with a variety of objections, was contended on behalf of the Plaintiff, to be sofficient for.violating the contract which the bill sought to set aside. After much learned discussion on both sides, by Mr. FoNaLaxoun, Mr. LRACH, Mr. BRLL, Mr. SHAD. WELL, and Mr. TaasLova, his Hoeotnt adjourned the further consideration and reply on this new and intri cate question, which was rendered still more corn plea by the not having made the pew-owners interest• ed in the concerns, parties either to the annuity con tract or to the present proceedings.—Judgment was postpoued. • couar OF LINO% BENCH, JAN. se, USHER V. DAMS, SQUIRE AND CO. The ATTORNEY-GENERAL moved for a Rule to shew cause why the verdict for the plaintiff should not be set aside, and a new trial granted. The action was brought by a heafide holder of a bill of exchange for £1574. 17s. dated 27th February, 1813. against the drawers and indorsers, of the Tamar Brewery, Plymouth, Devon. The bill was payable at six months to the drawer's own order. There were other facts in the case, but those upon which the Court de cided.the present question were, that Mr. Thos. May, the brother of the late unfortunate John Drewe May, being clerk to the defendants, was in the habit of drawing bills in blank for the Tamar Brewery, to be remitted to Jas. Hallett, Hardie and Co. of Lc!. don/ and that the defendants used to sioi stamps f oe that purpose in blank; the defendant Danuy h - ad been dead long before May drew the bill, and there had been a dissolution of partnership, we believe, as to Mr. Cock, which was not advertivd in the Ga. *cue, and of which the plaintiff had no notice. May not Laving any signed stamp of the new firm, drew the bill upon the old signature, and it was remitted to Messrs. Hallett and Hardie, without date or sum, as 'mere accommodation paper. May afterwards being in town, filled up the date and sum as above, at Messrs. Hallett and- Hardie's counting-house, and it came Into the plaintiff's hands for a valuable consi deration. The ATTORNEY-GiNERAL contended that the plain tiff ought not to recover against the defendants-Ist. on account of the previous dissolution if partnership, and 2dly, on account of the death of Mr. Dansey before the bill was iu existence. The Court refused the Rule; and Lord Ems ' Boanunis said, that if partners, with .ut notice of sub sequent dissolution, sign a vast number of blank stamps, with a view to future use and benefit, and it one of them fall out of a clerk's pocket, and get filled up into the hands of a bona bale h01.. 4 -:r, they by whose improvidence the fraud was put into The power of any one who might pick up the signature, would be the parties to suffer. JONATHAN JOHNSON D. CARNET. This was an action on a bill of exchange fur £897. 12s. 4d. drawn by the defendant, and accepted by a person named Gibbs, dated originally the bah of June, and made payable to Richard Johnson, at 09 days. Richard Johnson was the indorser, ani after the bill had been accepted, the date was al cred by Garnet, in the presence of Richard Johnson, front the Bth to the ‘..!Siti of Aloe, and Richard Johnson took the regular discount tor the added 23 days.— The bill not bcine, paid when it became east., an.ac. Lien was ,hrote,ht upon it, .ind a verdict obtained foe the plaintiff*. Mr. PARKF. now applied for a Rale to chew cause why this verdict should not •he set aside, tse the grounds that the alteration of the bill.vitiated it; that it became a new bill, and ought to bare been on new stamp. On the other side it was contended, that this being an accommodation bill, it was still good, inanely* AS the alteration was to be taken as the act of botb drawer and acceptor. Gibbs had given the defets► dant leave to draw on him, and had accepted ; and it must be assumed, that he had allowed the deftn• 'dant to extend the term of the bill, as should be con. venient to himself. Mr. PARKE agreed that such might have been the case, if the bill had not been negotiated ; but could not apply to bind another party a bonafide holder. The Court asked, if the present bill had ever beets negotiated, and whether it had ever got beyond the hand of the payee. Richard Johnson? Mr. PARK& said it had not ; but he submitted the circumstance of the defendant having paid discount can the bill, formed a negotiation of it. The Court differed from the Learned Counted on this point, and Refused the Rule. *SIERT 'V. TOBIN. . The Armin:re-Gm:VIAL applied to the. Conn for a rule, .to :Sew cause why the nonsuit, entered in this case. should not be set aside and a new trial granted. It was an action brought upon an assumed Agree: ment, under the following circumstances. A person named TUrner had Evert residing for some time at the house of the plaintiff, wi-o keeps an Inn in the country, and had contracted a debt to the amount of £l7O. On a sudden he withdrew himself, and some time after Mr. Askey received an anonymous letter. containing a 85 note, .and couched in nearly the fol lowing terms. " A friend of Mrs. Turner's having learned that Mr. Turner is it lebted to Mr. Askey a sum of 8170; has iaclosod him aSS as interest, and provided no steps are taken to make Mrs. Turt.er un easy, the principal sum shall be paid in twelve monthi; but as this undertaking is not comptil , o‘y, if any thing unpleasant occurs Mr. Askey will hear no more of it." The twelve months passed over, bin no tuk• tice was taken cf payment of the bill ; and the plain tiff having, in the mean time, ascertained that - the anonymous letter was the hand-writing of Mrs. To bin, the defendant, he brought his action to recover the amount of his bill. Lord Ellenborougb, how ever, at the trial held, that this was no obligation to pay, but a mere honorary undertaking, and the plain tiff was nonsuited. The Attornei-General now stated all these circumstances, and said he founded his pre sent application for a new trial, not only upon the anonymous letter, but also on another letter of Mrs. 'robin's, written since. This letter the Attorney- General read, but its contents did not at all bind the defendant, and never even mentioned the word payment. The COURT were unanimously of opinion that this was no agreement to pay, but came completely within the meaning of the statute of frauds. The rule for a new trial was therefore refused. WINCHESTER, JANUARY 25—The bustle which was occasioned yesterday by the County Meeting having subsided, the City has returned to its usual placid state, which is only interrupted by the occasional ar rivals of Officers who have been summoned , by Sir JOHN MURRAY, to give evidence in his defence. Among others just arrived is General • Min AN. —Monday evening a person, who described himself as Mr. MATHEWS, from the Theatre-Royal, Dublin, Made his appearance at the Theatre of this City, and afforded some amusement to it few o/ the town's people. The novelty of such an exhibition, however, was its only recommendation, and the nature of the performances was not calculated to attract many per sons of taste. The chef-d'atsvre of Mr. MATHEWS WAS, lifting as anvil, weighing 40 :tone, by the hair of his head--a display of talents which, it may be conceived, did not excite among the cognoscenti any very extatic feelings of delight. We apprehend Mr. MATHEWS will feel less difficulty in carrying his perre from the town, than his anvil. SMITHFIELD MARKET. JANUARY 27. Beet 51 Od to 6s Ot Veal 7k od to es Od Mutton 6. Od to 64 Std Perk es od to 74 ed Beasts 860—Sheep sad lambs s.746—Calves 1 00--I'ip 340 HAY AND SFRAW, PER 1.0.11). Meadow Hey 41 to 51 Os I Clover 51 Os to 61 111 Straw .e 1 10s. to 81 144. CORN EXCHANGE, MARK-LANE, lAN. 27. The continuance of the trost having completely .topped the navligadon of the rivers front whence our supplies come, all bud nen Is at a stand ; not &single sale has been etfixted this moniing, and our prices must be gauged nominally as va last Wednesday.