Star. — London, England, 1802-01-28 00:00:00

NAUTICAL DITELLICENCE. MAILS THIS DAY. -.WIND S. S. E. AntlfiD. DUI. o French, o Hamburgb, o Dutch, o Dublin, o Waterford. o Donnaghadee, FALMOUTH, JAN. 25.—The DORI OF YORK packet, with the Lifbon mails, and the Pawns ELiz Azar H packet,with the Leeward Hand mails, are (till waiting a fair wind beforc they can fail. Wind South. HARWICHJAN.27.—The EXPRESS packet, Cap• tain DILL, failed this morning for Dover. to at tend duty between that port and Calais: the DIANA will fail with the Dutch mail.• There is no packet in harbour for the Hamburgh mail. novas, JAM. 26.—The Minerva, Capt. ROBERT Hass PIOND, arrived this morning from Calais with the French Mail. DEAL, Jas. 27.—Arrived, and failed for the Ri►er, the Colin, Tuomrsotr, from Honduras; Little Jane, FAllqy HAIL, and Nais, --, from Jamaica. Wind S. S. W. GIAVISIIID. JAM. 27.—PafTed by, the Juno, Mit.t.ta, from Charlefton ; Bitfon, WHIPPLE, from Virginia; Graydon, Summits, from St. Kitt's ; Cofmo, M , Kawiti ; Sarah, Battcy ; Polly, BaowM ; Lively, Cam° ; and Mark An thony, MiLytt.t.s, from Jamaica.—Sailed the Kirby, Day IDALI, for Antigua ; Harriott, for Gibraltar ; and Union, Gil vrtvw, for Dublin. HULL, Jaw. 26.—The Four Brothers collier, from Shields to London, was wrecked on the Spurn Point, on Wednefday la(; crew raved.— Four or five veffels are on (bore on the Holdernefs coaft and at the Spurn, and feveral others on the Lincoldhire coaft, the particulars of which we have not yet received.—The Johanna, Tars, from Selby to this port, was funk near Brongh, on Thurfday, infa heavy gale, and three men and a woman unfortunately drowned.—The Perfever. since, Joan Buawoon mailer, of and from South= wold, bound to this port, foundered at fea on the 26th nit ; crew faved.—The Leda, HALL, from Riga to this port, is loft in the Cattegat. LITTH, J.N. 23.—Tuefday morning arrived in Leith Roads, the PTLADIII (loop of war from a cruise. The Betty, M'Kay, was loft on Strang ford Barr, on the 9th ina. No lives were 1011, and a fmall part of the cargo is expelled to be caved. Jaw. 25.—Yefterday arrived the Union, of We rnyrs, Capt. BAITIR, from Rotterdam, with ge neva, sax, &c. The Union failed Tome time fence from the Frith of Forth, with a cargo of coals, end was the firft Britifts vac' that had arrived at Rotterdam luxe the ceffation of hoftilities. The inhabitants, on the arrival of the Union, expreffed the greateft pleafure at teeing a Britins trader once !note in their port, and teftified their joy by the =oft enthnßallie marks of fatisfaiftion. gale on Thurfday laft, in the Frith § a boat, with ur hands, belonging to the hoop John, of Gree nock, was driven from the fillting•grounrd down towards the fouth Store, oppofite to Fi(herow. She loft three barrels of fi(hing nets, fully mounted, value about 251 Reding. The crew were in im minent danger of their lives while the boat was (lathing off (pore. But by the hold and prudent exertions of a crowd of men and women from that village, wading hand in hand in water four feet deep, the men and boat were brought fafe on land. Hear:. Williamfon, filherman, merits mention of his name, for his great exertion on this occafion. They had left Burntifland at half after fix in the morning, and got in to Fit/II:row about one P. M. - GILELNOCK I Jan. sa.—lt blew a tremendous form all yefterday and part of laft night. from N. N. W. The Mercury, BECK, from Charlef town, arrived in the morning, and came to an chor in Gourock bay, where the remains. She is expelled to get up to the Roads this day. The paffengers by the Mary, Ntorot.s, from New York, arrived here on Wednefday evening, in an open boat, from Eaft Tarbert ; they came to Weft Loch Tarbert, from May, in the packet ; they left the flip in Lochindaal, where the was put in, on Sunday evening laft, in a heavy gale of wind. • KINGSTON, JAMAICA. NOV. 7. Monday his Majefty's packet LEICESTER, Capt. STEEL), arrived with a Mail from Great Britain. She is 53 days from Falmouth, a t from Barba does, and 14 from Martinique. The only paf fenger from England is Mr. YOUNG ; from Mar tinique the brought Captains GAM) and Baows, and Lieutenants FRANCISSIII4, Houma?. Km- LIZMER, 11121. and M•CARTNT of the goth re iment ; Mr. 14 i 6DONA 1. and Mr. FOLE 2, of his Ilajeily's Navy; and Mr. How 1.1..—0 ff the coati of St. Domingo, during a calm, the packet had to anion with a Spann privateer, which lafted two hours and forty minutes ; we are happy to find the packet had none either killed or wounded. By an American veffel, arrived on Tuefday from St. Domingo, we learn, that General MOYSI, who commanded in the Northern diftria of St. Do. n.;ogo, and who was the Officer that took poffef. fins of the Spanifh part of that ifland, by older of +Ana-al Toussat :4T, has rifen in rebellion againft him, and that aaual war is now fubfilling between' the parties adherent to each other. The armies ': - ere in fight of each other, near Gonaives, about tiz days ago. NOVBIIIIII 21.—Sunday afternoon his Majefty's chip LARR arrived at Port Royal from a crude, v.ith the brig Lanzeretta, PASCOLAS, from La it':ra Cruz for this port, with cochineal, taken by a Spanifh privateer, and carried into Cuba, and afterwards cut out by the Laic. The following paragraph is copied from a Nor folk paper of Oaober 24 :• 44 Capt. Ross, ar rived laft evening from Jamaica, informs, that on the 28th September, he was boarded by the Spanith.feluecsißounty, Tomptst, in fight of St. !ago, who allured him that the American Coaul ' at St. Jaga wis put in gag' on the iSth Sep tember, that a guard of foldiers had taken po efGon of his houfe, and that all the American veffels in that Harbour have been flopped." Nov. 28.—Thurfday arrived at Port Royal his Majefty's !hips Bauaswica, of 74 guns, Capt. STEPHENS ; CAPTAIN, Of 74 guns, Capt. Sir R. J. STRACH•II ; ELIPHANT, Ot 74 guns, Capt. FOLEt; GANOIS, of 74 guns, Capt. FRIENANTLE ; and GOLIATH, of 74 guns, Capt. ESSINGTON. The fchooner Nancy, Hum v, (poke the brig Lucy Ann, from Port Republican, bound to New York, out forty-three days, and in want of provifions, which were fupplied by Captain Huai.. They had on board Captain HENRY Liviacrrow and the crew of the chip Eli z a, from this port, bound to New York, which had unfortunately foundered at fea in lat. 29. long. 82. and were picked up by a sloop, and put on board the brig Lucy Ann.— No lives were loft. Mr.JETWEyCame palfenpr in the Minerva) and Mrs. Rtormtoson, and Mi WALZIIS and LlNDfxs in the Peggy. Saturday evening his Majefty's fhip STEIN came to an anchor off numb Point ; and her prize, a felucca, now a tender, joined her on Sunday morn. ing, and they proceeded on a cruize. Wednefday forenoon arrived at Port Royal his Majefty's brig PELICAN, Capt. WICEE zit, in thirty five days from Portfmouth, with difpatches for the Lieutenant-Governor and Admiral; as alfo copies of the preliminary articles of peace, his Ma jelly's proclamation, declaring a ceffation of arms b y fea and land, and a letter from Lord Hosarr on the fubjed ; the whole of which was publifhed in our Gazette Extraordinary on Thurfday laft, by order of his Honour the Lieutenant-Governor. ARRIVED. _ - At Liverpool—Urea, Bain; Henry, Corrlga/1; Mary, Pavrclith ; James, Prior; and Mathes, Bateman, from Jamaica; and Neptune, —, from Newfoundland. In the Creek—Minerva, M*Bride, from New Tort. The Mary Ann, WARREN for Liverpool, with butter, and the Fortitude, HENDRY, for Greenock, with provifions, are on Chore near Sligo. The Renold, FUNK, from Stettin for Liver pool, is arrived at Studwells Road. The Venerable, KIDD, for Liverpool, and ano ther veffel, put back to Port Antonio, with lots of main -matt, they give account of two privateers having got amongft the fleet, and that two brigs were miffing when they left it. The Lords of the Admiralty have been pleated to appoint— C..ptaln Penrofe, of the Sans Pareil, to the Carnatie. Captain /Caton, made Poft, to the Sans PareiL Captain Dundas, of the Solebay, to the Elephant, vice Foley. Captain Charles Rofs, to the Druid, vice Apthorpc, indifpofed. Lieutenant James IJllyerap, late Het Lieutenant of the Ve nerable, 74 Fuss, Captain Hood, it Commander in the Royal Navy. Lieutenant W. Wooldridge, feeond fon of Captain Woo:Att ridge, a Commander in the Royal Navy. Yefterdav a Court of Direaors was held at the Eat India Honk, when the undermentioned Com manders took leave previous to departing for their refpellive deflination viz. Captain Thomas Itoberifon, of the Cireneefter, for Fort St. George and China- Captain the Hon. H. Lindfay, of the Lady Jane Dtmdas, and Captain Bruce Mitchell, of the Marquis Wadley, for Fort St. George and Basra • Captain John Locke, of the Marchionefs of Exeter, for Fort St. George and the Molucca Hands. The Court adjourned at fix o'clock till Wednef day next. We have the pleafure to announce the fafe ar rival in the Downs of the Ship EARL ST. VINCENT, Captain RICHARD WILLIAMS, one of the Ships licenfed by the Eat India Company laft feafon to bring home rice ; She is the fifth veffel which has arrived of the thirty-two which failed from hence for grain. The EARL ST. VINCENT left the Pre fidency in the middle of Auguft. EXTRACT OF A LITTER FROM A PASSENGER ON 10ARD Tub HENRY DUNDAS INDIANAN, DATED ST. AUGUSTINE'S EAT, MADAGASCAR, AUG., 10, 1 8o t . " After quitting the Cape, we fuffered a great deal of delay, by calms and unfavourable winds, and were at lift obliged, on account of the fick- 1 nefs aboard, and other circumfiances, to come in here, where we have been about a week. We are in the fame bay where the Winterton people were in 1792 ; and the India Company having, in return for the civilities (hewn by the Kiva ofBAaAN to the Englifh on that occafion, made him confidera ble prefent. ; we have been treated by the natives with great hofpitality. We have laid in a Rock of frefh provifions, have landed- and refreffied our lick, and are bow ready to pat to lea in profecu tion of our voyage for Ceylon. A Bengal fhip with rice, for England, was driven in here in dif- trefs, and I take the opportunity of writing you. 44 The natives have been very civil. The brought us all kinds oflive flock, fruits, &c. which we paid for in magnets, piftols, old iron, knives, buttons, handkerchiefs, and other things. They do not Teem to know the value of money. Oae of the Officers pitched his marquee on shore ; it was extremely difficult for us to prevent pilfering.— They are very expert in thieving. The tea-kettle was taken off the fire when the fervants were pre fent, and the bed covers and pillows were flolen from a fervant's bed while he was afleep in it; but they ate rather troublefome than dangerous. Molt of them affume magnificent names. Befides King George, we have the Prince of Wales, the Duke a York, Prince William, Auguftus, the Duke of Marlborough, and a great many others. Thefe grandees do not barter themfelves, but their peo ple bring us prefcnts, while theyArd to fee that adequate prefcnts are made in" iota women are by no means difagreeable, and by no means fly. The grandees even will fell, or rather prefs you to take their wives and daughters; the women teem to -have no influence in their fociety. The men are athletic and well made, of a bright co lour, and have acquired enough of broken French and Englifh to make themfaves underftood. I wills you had a better defcription of this large and curious ifland than any that has been yet made public. 44 We expea to reach Ceylon in a month from 1 this day." LA' zArzLLICBAca. COURT OF COMMON PLEAS, JAN. 27. Mr. Serjeant BAILS? moved for a Rule to (hew caufe why a new trial (hould not be inflituted in the cafe of WAliarns v. Browne, in which a ver diet had been obtained for the Plaintiff, in the courfe of the Taft fittings after Term at Guildhall. The circumftances wee there : the plaintiff, who was a black failor, was employed on 'board the (hip of the defendant, which flip happening to touch at the ifland of Grenada, the plaintiff was recognized and feized as a runaway (lave. The defendant interfered, and paid a certain fum for his redemption, and on the day after the plain tiff's releafe, he entered into an indenture to terve the defendant in any capacity for three years, for a certain (Upend. Notwithilanding this inden ture, the plaintiff brought his action for wages, but the defendant put in as a fet-off againft the demand, the receipt of the plaintiff for the money advanced for the purpofe already defcribed in Grenada with the indenture. This indenture, however, being confidered illegal, the Tury found for the plaintiff. To fet afide this verchet was the object of the motion.—Rule granted. SAYLER V. SIR THOMAS DUNLOP WALLACE. Mr. Serjeant Comm. applied for a Rule to (hew cattle why a new trial fhould not be inflituted in this cafe. It related to the fale of a Commiffion in the Wallace Fencibles. The plaintiff who was Senior Captain in that Corps, was appointed to the Majority by the defendant, who was the Co lonel Commandant, in con a filleration of 4001. paid him by the plaintiff's father, to whom the defen dant obfetved at the time, that the regiment was to r to India, and would be permanent. The plaintiff's father remarking, that otherwife the commiffion would be worth nothing. The regi ment being loon after difbanded, the plaintiff brought his aetion for the recovery of the 4.001. and the jury gave him a verdift, on the ground that the money was advanced in confequence of the mifreprefentation of the defendant, and that he had .not, according to his letter of licence for railing the regiment, any authority to difpofe of this commiffion. The Rule however was granted on there confiderations, that the principal evi dence on the trial was the plaintiff's father Lthat the purchafe money was extremely inadequate to the value of a Majority, and that the plaintiff re ceived, for Tome months, the pay of a Major. CARPENTER, ASSIGNEE OF FOWLER, V. MARA ELL. Mr. Serjeant Barr moved for a Rule to thew wife why a new trial fhould not be had in this cafe. From the Ratement of the evidence, it ap. peared that Fowler, previous to his bankruptcy, had affigned a certain note of the defendant's to a perfon of the name of Baxter, part of which had been paid—to recover what remained due an a&ion had been brought in the name of the Affignee, and a verdift found in favour of the plaintiff for 7,1. The Learned Counfel argued, that this vcr di& fhoald be fet afide, becaufe the anion was not brought by the proper perfon, for in point of law the note having been transferred previous to Fowler's bankruptcy, the Allignee had nothing to do with it—his only concern being with fuck property as migbt be divided among the different creditors • in corroboration of this Ratement he quoted the cafe of" Wynch v. Keely," 6th Term Reports.—Rule granted. DiFTLILS V. PARRY. This was an aftion upon a Policy of Infurance on Madder, on board a Ihip bound from Rotter dam to London, which had been captured by a French privateer. A verdift had been found for the Plaintiff—To fet afide this verdift Mr. Serjeant Laws applied on behalf of the Defendant—he con. tended that as this madder was on board a fhip configned to Meffrs. Bridge and Smith, who had his Majeßy's licence to trade between Holland and this country only by themfelves or their agents, the Plaintiff's traffic was not legal, and therefore he was not entitled to a verdift. Lord ALVAN LE Y obferved, that there letters of licence to particular Merchants, were evidently in tended to enable them to make the moll of them, to trade for themfelvcs, or to trade as the agents of others ; therefore the dillinEtions taken by the Learned COunfel, upon this quellion, and of which the Underwriter teemed inclined to avail Itimfelf, could not ftand.—Rule refufed. ESISSANOti b. HARRISON. Mr. Serjeant Beer applied on behalf of the De fendant for a Rule to thew caufe why there fhould not be a nonfuit or a new trial in this caufe. He Rated, that it appeared in evidence.that the Plain. tiff, who was an Algerine Jew, had a demand of 40001. on the Government: he entered into a con-, tract with the Defendant to give him ten per cent. on all he could recover for him. The Defendant accordingly obtained a warrant for the payment of 12001. to the Plaintiff; which Plaintiff did not think proper to relent at the Treafury, conceiv ing it below his Jul} claim. Some time, however, before the warrant was obtained, Plaintiff gave the Defendant tool. to forward his application to the Treafury, to recover which the anion was brought • and Defendant put in, as a let off, the contra before alluded to, and his fervice in con fequence thereof but there the Jury, under the direaion of the Learned Judge, overlooked, as il legal, and allowed the Defendant five per cent. on the wool. recovered, and awarded the Plaintiff the difference between that and the tool. he ad vanced. The Learned Counfel contended, that the agreement was legal, and the condua of the Defendant was j unifiable as that-of Navy or Army Agents, and therefore hoped the Court would ac cede to his motion. Lord ALVANLAT was of opinion, that there was no analogy between the cafe of the Defendant and that of Army and Navy Agents, as the fums to be received by the latter were fixed, and the allow ance for their trouble afcertained ; whereas the Defendant might, with as much juftice, aft 5o per cent. as to. His Lordihip added, that he trufted the laws of England would ever be found to protect Foreigners from unjust extortions of this kind. . Mr. Juftice Rook faid, that as it appeared on the eaamioatioa of the evidence, that the Loa ad- La iia by the Plailtiff, Was in confer t t2ence of a letter from the Defendant, that filch a fum was neeeflary to bribe fome fubordinate Clerks LI the Treafury, it was money had for an illegal pr. pole, and therefore the Defendant was in flia en titled to nothing at all for his fervices to the Plain tiff in this bufinefs. He fhould be of course rather difpofea to grant a new trial on the application of the Plaintiff's Counfel, in order to oblige the De fendant to refund the whole fum of tool. without any deduEtiolis. Mr. Serjeant SH EP HARD, on the part of the Plan tiff, declined the invitation of the Beach. Mr. Barr's application was refuted. COURT OF KINGS BENCH, JAN. 27. Lord KENYON appeared on the Bench for the fira time this Term. Several cafes from the Seffiols flood for argu ment. In the courfe of which, Lord KEttrom obferved, it was a thing much to be lamented, that cafes were fo defedively Rated and fent up to the Court for its decifion.— They multiplied upon the Court. The practice he had mod to complain of was, that Gentlemen fent up evidence on cafes, indead of fending up the finding a fait, for Judices at the Seffions ought to find fads on a cafe as a Jury did, not to fend up evidence to leave the Court to determine the fad; for which reafon, cafes were perpetually fent back to be re• Rated. There was one cafe now before the Court, in which the indices at the Sea lion ought to have found whether or not there had been an hiring for a year; inflead of which they had only Rated evidence, and left the Court to conclude whether there was an hiring for a year or not, which the Court could not do. In another cafe, the Juflices had not found, whether a certi ficate was delivered to them or not, but they had Rated evidence upon that fad, from which he had no doubt it was delivered, but the Court could not fay fo: it was the bufinefs of the ft:dices at the Seffions to find that fad, and, therefore, that cafe mutt alto go down to be re• Rated. Indead of leaving the Court to fpell out every word in a cafe, the Magiarates fhould Rate fubitantial fade. Thefe things were grievous and wadeful. Mr. Judice GaosE faid, the Juitices had found that there had not been a proper delivery he did not know what they meant by a proper delivery. Lord KENYON faid, he remembered a cafe in which the quedion was, " Whether a certiorari was delivered to .the Judices or not, in a county not very diflant from the metropolis, and- there was much pride exhibited on that occafion, on ac count of its being thrown on the table, and not delivered with due fubmiffion, and fo firth. He hoped, that in this cafe, in confide' ing whether a certificate had been delivered or not, thee• would look at the thing in the way of plain common fenfe, and that they would not be advifed to Rand upon filly forms. It would be ridiculous to require that it fhould be done with one knee bent, and one hand dretched forth. That it fhould be held in the right indead of the left-hand, for thefe things were not more ridiculous than Come Rate ments that were made in thefe cafes. His Lord- Ihip added, " I want fubdantial fads to be found, according to the common fenfe and real judice of each particular cafe; but thefe defedive Rate ments, which go to the other fide of judice, ar• molt grievoufly expenlive, and produce mod un necelrary The Court having gone through the remaining cafes for the day, proceeded to hear motions for new trials, the molt remarkable of which was that of HAWKLESS V. MITCHELL. The ATTORNEY GENERAL laid, that this was= anion tried before his Lordfhip and a Jury of mer chants in Guildhall, at the Taft fittings. The Plain tiff was the owner of a brig called the Duke of Cumberland. The Defendant was the Captain of one of his Majefly's !hips called the Boxer; the Boxer was at anchor at a place in the river Thames, called Galleon-reach. The Cumberland ran foul of the Boxer, and in order to extricate the two (hips, the Defendant ordered Tome of the rigging of the Cumberland to be cut away. The men, of *courfe, obeyed the orders of their Commander, and accordingly the rigging was cut, and the vein's were difentangled,upon which an afti on was brought againft the Captain for damages, for the injury which was thus fullained by the Plaintiff. The Defendant pleaded that what he did in this cafe " was for the prefervation of the thip." To which there was a replication, " that the Defen dant did more damage than was neceffitry for the prefervation of the fhip. The cafe being fully heard, the Jury found a verdiet for the Plaintiff, againtt the preponderance of the evidence, and therefore he was now to move for a new trial. Lord Ksxvoa faid, that the tingle quetlion in this cafe was, whether the Defendant committed an excels in this cafe.? Aatd the jury had found he had. The ATTORNEY GENERAL faid, it was intcrefl ing to the naval fervire of this country, to know whether, when an Officer does the heft, according to his (kill, in the management of the (hip under his command, he was anfwerable for any damage he might thereby occation to tilde who had fo mifcondueted themfelves as to run foul of him ? Lord KENYON faid, that no Officer could he an fwerable for doing his heft upon an emergency, but that was not the queftion here. The queflion was, Whether the Defendant had committed any excefs or not ? that is to fay, whether he had done more than was necelfary to extricate the two !hips ? That very queftion•was left to the Jury ; they had con cluded upon that queftion against the Defendant. Whether I (hould have drawn the fame concluil,m or not, faid his Lordfhip, is not for me to fay, n, would it be important if I fliould not, for my nion, on fuch a fubjeCl, is nothing in comp:ail:4i with that of the Jury who determine it. The con. due of thofe who took up this defence (the Admi t sky) was moll honourable. They h:td Paid they would be at the expence of ditcuffing this matter before the Jury, fo that if the Defendant had done no more than he ought to have done in the fitua tion in which he flood, his defence thould coif him nothing—but if it Lhould appear that he had done ; li 4 I '~ i • I