Star. — London, England, 1805-11-23 00:00:00

NAUTICAL INTELLIGENCE. MAILS THIS DA Y.—Ulnd N. AIL DOS. Act. DOC Dublin i 1 Hamtmrigh o t Waterford 0 2 Oottentoragh 0 2 , Litimt 0 t Psozarsc Et Nov. 20.—A breeze of wind.fpringing up left night horn the N. W, the following veffels failed: the Milford, Witt.t•ms ; the Swallow, Ty - ACK ; the Jean, STEPHEN ; and the Towen, CUNDY, for Falmouth, to wait convoy for London ; the Mentura, DErists ; the Ayr, GRENPELL ; and the Fi iendinip, jooN, for Falmouth ; the James and l ;ohn, WOE Ls, for Guernfey; the James and Ann, JOHN, for Portfmouth ; the Barum, &A my, for Bof• ; the Wilton, Paasoos ; and the Amelia, BRY ANr, for Plymouth ; the Union, TRIGERTON, for Scilly ; and ;evens' finall craft from the Mount Pier, bound up Channel.—Alfo the American brig Oli ver, WOOLCOT, of New Orleans, Jos. RICHARDS Mailer, from Amboy, with fugar, &c. for Amtter dam, detained by the Lord Nelfon privateer, of Guernfey, as being Spanifh property. FALMOUTH, Nov. zo —This morning at daylight the whole of the outward-bound Mediterranean fleet, with the SATURN, of 74 guns, appeared off this har bour, and made the fignal for his Majedy's brig Mt 'MRCS, Capt. DUNCAN, to join. The MINORCA got on !bore going out, but was loon got off, without damage. Thty were joined by the Eliza, PAYNT3II, for Smyrna ; Lady Carleton, Rirctits ; and the Dick, Hsi/ LY, for Malta ; with feveral other velfels, the name of which cannot learn, and proceeded to the weftward. Commifiloner Bovrso having com pleted the moorings for our Channel Fleet, they areez peeled here the firft wefferly wind. The Arttcatos, of 44. guns, Capt. MASSY, is ordered to Scilly, to per form quarantine, in confequence of her fickly Rate, another man having died on board yefierday. The Q2een Charl Ate Well Indianian is likewife ordered to Scilly to perform quarantine. The Daum, of 3z l guns, Capt. Booze, will fail the fir/ fair wind for the Downs, with tLe tranfports : the Africaine's con •oy have received inftruftions from the Druid. PLYMOUTH, Nov. I .—Ca me in the American brig Two Marias, Capt. ELisma Bowes, from Bol ton, bound to Rotterdam, laden with fugar and cof fee, detained by the Hero and Betfey privateers ; the Hero is come in with her ; the Daniffi veffel Johan Elicabe , h, Capt. SwaNsos, from the Ifle de Rhe, la den with fait, bound to Bergen, put in in diftrefs; the i Fairy, Capt. FRANCIE, from Surinam, for London. —Sailed the HIND, of za guns, on a cruize. PORTSMOUTH, Nov. 22.—Sailed the CILACKIR gun brig, and the ZURA bomb, with 40 light tranfports under convoy, for the Downs. The ALIMAIDER, of 74 guns, has been fitted up for a lazaretto, and is gone to the Motherbank, where moorings have been laid duwn fur her. DIAL, Nov. 22.—Arrived the LEOPARD from the Wefer, having been convoy with the expedition that lately failed hence : the left the fleet forming the ex pedition off Heligoland, all well. Arrived the RAIL• Lava sloop, from Scotland ; Fuav bomb, from Ford mouth; BOLD and RIFLE maw gun brigs, from a cruize. This morning the Weft India and Lilbon fleets, about zoo fail, arrived under convoy of his Majefty's flip la Pou &ATTE ; the Weft Indiamen failed thro' for the River, and the POULETTS for Portfinouth. Sailed the Ft.anatt gun brig, on a cruize. This morning as a Deal boat with three men in her, was coming up along !lore from St. Magarte's Bay, juft as the got under the High Land, a fudden Equal of wind came on, when the upfet and immediately funk, by which unfortunate accident two of the three young men were drowned. Laft evening a veffel ran on board the RIFLIMAN gun brig, and carried away her jib boom, fpritfail yard, and part of her eut water, but did no other damage, Arrived the RESISTANCE frigate, from the Nore. SHAUN Ms Nov. 21.—Sailed from the Note yeller day afternoon, the Scsouzz loop of war, with the trade under convoy for the Elbe, Wefer, Jande, and Tonningen, with the wand at N. W. hazy weather. The Rosssa armed (hip, that was appointed to fail with a convoy for the Baltic on the 18th infant, is paid off, and there is not yet another velel appointed. Gas snocz, Nov. ao—The American !hip, Mary Ann, Ingalls, from Charlefton, in coming over the bar, faw a fhip on the north breakers which the pilots Paid was the Britifh (hip Northumberland, from Ja. maica, which had got on !bore on the rocks and would no doubt be loft ! the had been making for Charlefton in diftrefs. At fame time patted going in, the American Sip Two Friends, M'Niel, from Ja maica, under do:in of allot, of war, which the pi lots reported had had an aElion the evening before, off the bar, with a French privateer of great force, in which the Second Lieutenant of the (loop of war and two men were killed. The Two Friends is the very valuable (hip from London, that was taken, tome months ago, at the very entrance of Charlet . - ton harbour, by a French privateer, retaken by one of our cruizers on the Jamaica Ration, and earned there. FROM LLOYD'S LIST. GI AVES I No, Nov. zz.—Paffed by the Prince of Wale!, Han well, from Hudfon's Bay ; Amazon, Kitchen, from Peterfburgh ; ‘ni the Nancy, Junes, from Riga. Sailed the Lord Nelfon, An. •ieiton, for Surinam; Vigilantie, Shebe, for Lifbon ; Mary, Ha . +no, for I:ulilin ; Johanna Frederica, Lamke, for Elfinore ; -n Saldock, tor ajn tui awl the Charlotte, Zze:.-:n, EASTMMTA SHIPPTNO. On the 9th March lak anchored in the harbour of Bombay the American (hip Penman, prize to hi, Majeny'b Ihip Pturrom. LIST OS ARRIVALS AT PINANG, OR PRINCE OP WALLS'S ISLAND, PRONE Till LOTS Of lIRRROARY TO Tilt 1571 01 DIAACR. 12 05 :e— -rtb. zo Ship Britt Capt. J. Stewart, from Unlen• Carolloe 'L W Court, Malacca. 27 Brig Margaret A. Hunter. Calcutta. 2.., Ship Warren Halm R. Scott, Malacca. 23 -- Refolution J. Purfer. Brig Martha M. Shelherdfon, Calcutta. $7 Ship Scotland j Hull, COllinibo. 28 Bark Trailquebar J. Garrett. Calcutta. March 2 iHis Makftl.6 Bri gl Owes, ditto. Sea Flower 8 His M. S Ruffel R. Williams, Madras. S H. C Cruiser Lest R. Deane, ditto. . Z Freres this 4-- Ship Belli:wins F. Lynch, ditto. —..—. Performance J. johnfon, ditto. I a Brig Malcolm C. Fenvrkk, Mao. IS Grab-dap Nu Stewart; Rangoon. Rear-Admiral Sir EDWARD Pa Ltaw has, we under. (land, purchafcd for his Maidly's fervice the (hips Kackufroo and Carron—the former under the defig nation of the Earl Halve, and the latter the Lord Duncan. In confequence of the above addition to his Ma jelly's fquadron in India, his Excellency Rear Ad miral Sir EDW. Ps LILL w has been pleafed to make the following promotions and appointments: MIS MAJESTY'S SRN EARL ROWE. Edward Ratfey, Commander; William Smith, tit Lieutenant; Charles Hole, ad ditto ; John Everard, 34 ditto; Sillas Bhindford, Surgeon ; George Dale, Purfcr. DAMITT . III SWF LORD DUNCAN. C. S. F. Havrtayne, Commander; Cbriitopher Nixon. eft Lieu tenant; John Upjohn, 2d ditto; Robert Incledon, 3d ditto; Wil liams Prellon, surgeon ; Joreph Burford, Puffer. In confequence of the EAR India Company's frigate the Cornwallis, and the Sir Edward Hughes Ea.t- Indiaman, having been transferred to his Majetty's fervice, Admiral Sir EDW. Plitt tw has been pleated to make the following promotions : issa MA,ItSTT'S IMP CORNWALLIS, William Jones Lye, Efq. Minis Commander ;William Kemp !hose, 'ft Lieutenant; Jame rolby. ad ditto ; Heavy Elton, 3d ditto; William Lauglirane, 4th ditto. ris MAJCSTY . SNIP sIR EDWARD lIVORII4 H H. Cluifllan, Captain 6 Wn:. Crclfy, aft lieutenant; James Wallace, ad ditto. KIS 14AJZIITTNI SNIP VICTOR. George Bell, Lig. Commander, from H. M. ildp Cullodetyriee H. H. Cratftian, promoted into the Sir Edward Hughes. Captain J. Cramer, of his Majtfty's Coop Itattlefoake, is made Poft Captain into his Majeftpls Daly Concorde. The General Clinton, -, from America for Liverpool, was fp. , ken with on the 24th tilt. on the Banks of Newfoundland, in great difirefs, and ker ing for Cape Breton. The Courier, OLa Lis, from London, is 101 l at New foundland. The Two Friends, M‘Natas, from London for Chatleflon, captured by a French privateer, is recap tured, and carried into Jamaica ; and failed from thence for her deftination on the z7th of September with a fleet. The Andromeda, Dostty, of London, from Suri nam for New York, put into Nevis the asth of Sep tember, in diarefs. The Eller, lawtro, of 22 guns ; the Arid, PATIO t, of 20 guns; and the Margaretta, of 14 guns, from Charleston for Great Britain, were expelled to fail in company about the aoth of °Bober. . Artatvzo-...At Leith, the Jane,Davldfon; and the John, Hut ton, from Tonningen for Leith—•At Cowes, Olympus, Smith, from Malaga—At Hovlake, Felicity, Boyd, from Malaga—At Liverpool, Africa, Cook from Peterfburgh ' • Lovely Lafs, At tica, from Barhadoes ; Purfuit, Purvis, from Nevis, and the Bet fey, Collins, from Virginia—At Brittul, Lady Hood, from St. Vincent s ; Coo. ord, and the Endeavour, from Newfoundland—At Cork, Difpatch, Effort from Neve- foundland ; and the Mercury, from Wlfeaffer,--At Belfaft, Difpatch, Keelby, from Antigua—At Newfoundland, Mermaid, Robs, from Bated; Hope, Milan, from London ; Fairyland, —, from Dartmouth, and the Hope. Mi ll w oo d, f rom Liver poolAt Waterford, Ann. Falconer. from Petertburgh..-,lt Stockton, Charlotte, Patterfoa, and the Stockt o n Packet, Grdr, from Tonnlngen—A ("trebee, Fox, Groves, and the Thetis, Haf clogs, from Jamaica; Prefident. Nlatloc:k, and tits Qlrebee, .--„ ft • m Labradors—lu Yarmouth Roads, the Amazon, Kitchen, and the Mentor, Horn, from Peteriburgb—Off Dover, Hope, Foyle, from Oporto—At Falmouth, William, Henley, from Newfound. land—lo the Clyde, Mary Ann, lbgals, from Charleftown, and the Aetive. Gourlay, from Tortola--.At Crookhaven. Ariadne, from Angola—At Gibraltar, %mina, Willmot, from London...At Savannah, Eliza, Stokes, from Liverpool...At Car. rickiergus, Sally, Robfon, from (bjebee—At Bofton, Minerva, Ball; Induftry, Clements, sad the General Wolfe, Tolled', from Liverpool. COUZT MARTIAL, CH ELsia liosrlTAL—Thurfday morning, on the opening of the Court, Lieutenant Colonel Sir Jolts EAM ha commenced his reply to the fevers) charges preferred againti him; his defence was a written one, which he read to the Court. It would be premature to give any flatement of its tenor, any more than of the evidence againfl him, until the whole is concluded, and the relult known. The following is a lilt of the Court Martial now fitting on the trial of Sir Joao( EAMIR Marquis of SALISBURY, Prefident. Hertford Militia. Colonel Dyke, • • Weft Kent. Colonel Garbctt, . Royal Randor. Lieutenant Colonel Allen, - Royal Middkfea. Lieutenant Colonel WaterhouLs, Surrey. Lieutenant Colonel Gibbon, - Eat Miadlefes. Lieutenant Colonel Deibrowe King's Own Stafford. Lieutenant Colonel Campbell: Royal Perth. Major Woollartea, - - Weil Suffolk. Major Perrot, - Oxford. - Major Lord Mar Slam, - Weft Kent. Major Cavendilb, - Derby. Major Phillip, . . Northampton. Major Borriogton, - - Hereford The Hon. P. Talbot, - King's Own Stafford. Among the many opportunities the brave Sir RI CHARD STIACHAN has had of fignalifing himfelf in the fervice of his country, his condo& nn the capture of a fquadron of frigates near Cancale bay, in April, 1794, is not the leall remarkable. He is deferibed as havin;,• behaved moll y !Andy during the whole. atflion. He fill ran the Concord (the frigate he then commanded) along fide la Babet, of 24 guns, and then kept up fo tremendous a filing, that the French• men prefently hauled down their colours—he did tint take poffellion, but left her to be boarded by &me frigates a-ilern, and then made fail to get up with, l'Engageante, and prevent her from making hei efcape—he loon got along-tide her, and by his excel lent manoeuvring and keeping up a well•direeed 6re, he prefently had the good fortune to fee the French man's malls go one by one over the fide, and the colours hauled down. L'Engageante has mounte. on her quarter-deck four commodes, which are load ed with a canniller-thot called the cap of liberty ; thu cafes are made of tin, and filled with as or fever hundred finall balls. 'ARRIVAI 8 IN TOWN. Cenral Sir Rt. Moore, from Deal, to Conduit Brut. l'ise Rev. K and lady Vaughan. from Bath, to Ibbetfan's-hotel. Mr. Orhy Hunter, from Hampftead, to Parott's-hotel. Mr. and Mrs. Wildman, from Chefter, to ditto. Mr. PAM Mifs and the two Mr. Stewart., from Sunning, Deal, to Colood Thomas, of the Is th Light D ragoons , to Fenton's-betel. Sir had. Dallswood King, from High Wycombe, Bu c k s , to Miner's Lord Montgomery, from Cokhefter, to jennyo-fireet. The Earl of Romney, from the Mote, n ear Maidllone, Kent, to Arlington itreet. Colonel and Mrs. Phillips, from Bath, to Blakes.hoteL The Earl of Weftmoreland, from Oftaiey Park, to his bode in Berkeley- Spare. The Duchefs of Montrofe. from Twickenham, to her honk in Grofvenor-iquare, for a few days. Sir John Throcknsorton, from Buckland, near Farringdon, Berks, to his houfe in Carson-ftrect. Lady S. Bailey, from ineworth, to her houfe in Charks•ftreet, Berldey-fquare. The Dowager Duch& of Leeds, from Twickenham, to her hoof. in Lower Orofvenon.ftreet. Mrs. W. Throckmorton, from her feat in Berkihlre, to her honk in South Audlerftreet. The Dowager Countefs of Albemarle, from a Tint to the Ductiefs Th y Beley-f olton, at Barley Lodge, near Windier, to her hours in Berkquare. P. Metcalfe, Efq. and family, from a tour through England, to their hook lo Hill (trees. Mr. Bayley, from his feat in Kent, to his houfe in Charlotte greet, Berkdertquare. DEPARTURES FROM TOWN. The Earl of Carhampton, from Bruton•Rrret to Poynts•houfe, Surrey. The Ead and Countds of Elks from Grofvmor ftreet, on a vifit to the Honourable George Villiers, at Darker, near Watford, Hertfordlldre. Str A. Home and family, from Hill-ltreet, Batmley-fgure, to Warmloybury, Hems. Old England has loft her right hand, Of Muse)! her Champion bereft; Yet Ocean ate Rlll ihall command, And, like him, beat the French with her left. LAW INTELLIGENCE. Tlit [IMO W. CORGIS LOWTHIIts ISQ In the report of this trial in our paper of yefterday (copied from a morning paper), the Letter, written by Mr. Lowther to the Magittrates of Wilts, was, we find, fo very incorredly R ate d, t h at we may not be coufidered as charging Mr. Lowther with being the author of it. COURT 011 LING's BENCH, NOVEMBER as. R. HITCHER 11. BARCH. This was a Special caufe for the Judgment of the Court, and the quefiion was, whether a Bankrupt can maintain an aftion upon a Promifory Note, or any other ;amount, for a Debt which may ac crue to him, after his Commiffion, and before his Certificate is granted, and allowed ; provided the of fignees lay claim to fuch property fo acquired by the Bankrupt It was ably argued by Mr. RICHARDSON on the one fide, and Mr. LirrcatiaLas on the other, after which the Court held muff clearly, that the bank rupt's effe&s acquired by him after his commiffion and before his certificate, are the property of the affignees for the benefit of the general creditors, if the affignees chufe to claim it, which in the prefent cafe they did, and of which they gave the defendant notice ; which defendant had been tued by the Bankrupt on a promilfory note, for a debt incurred fince the commiffion, and before the certificate—on account of which the defendant refilled the payment to the prefent plaintiff, who is the Bankrupt. That the Bankrupt might maintain fuch an adion, if the affignee did not chfaffirm it; but here they had done fo. It was contended that a new affignment of this debt fo contrafted Ihould have taken place to vefi it In the affignees ; but that was held to be neceffary only in the cafe of a real elate coming to the Bank- rupt befori his certificate, but did not refer to his perfonal elate. And this was founded on the de termination of Lord Haat:micas in the cafe es parte Proudfont, recognifed, as it had been, by Lord Mawsnran and Lord KINTOII, and afterwards adopted by a current of authorities, which it would now be dangerous to quellion ; for thefe =ions the Court pronounced Judgment for the Defendant. was? INDIA DOCKS. EINTLIT ♦ND OTNIM IA SMITH. Lord Exxanacutouom obferved, that this was an anion brought againft the Treafurer of the Weft In- India Dock Compjlay, for preventing the plaintiffs from exercifin4 their trade for cooperage for expor tation of certain bogiheads of fugar, the property of merchants who had employed them, in like man ner as they had been accuftomed to do on the legal quays, contending, that the quays of the Company were fubjea to the fame rules as the legal quays, on which a Special Veidia had been found ; but the Special Verdi& flared fans fo defedively, that no judgment could be given on the merits of the cafe ; it was therefore unnecelary for the Court to give judg• ment on the cafe, fuch as it would be, if the whole of it was before them, on the right which the coopers claimed. They claimed the fame exercife as coopers on the Company's Docks as they had on the legal quays before the Docks were ereded ; but they did not Rate the nature of their rights on the legal quays, and on this defedive aatement of the cafe it was im poffible to pronounce in favour of the plaintiffs, and therefore the Court pronounced judgment for the defendant. Mr. GARIOW obferved, that the Plaintiffs could not contend with this mighty Company, without coming to an agreement to have this cafe argued upon this fpecial verdie, and therefore it was agreed to draw it up in the pretent form ; in the drawing of which the Defendants had as much (bare as the plaintiffs, and by this the plaintiffs had loft the chance fif a verdia of a Jury under the direßien of his Lordfbip, without prefuming what that would be, and therefore, he fubmitted, Whether they might not have a new trial ? The Court obfer; ed, that it was imprffible to pronounce any other judgment than what bad been ielivered. Mr. Wong obferved, that in the cafe of Lickbarrow Ind Mafon, the Houfe of Lord) ordered a wars note, on account of the deficiency of the fiatement of fags in the fpecial verdia. Mr. Juaice Lawassca—" This is all irregular. he Court has already p a ir e d i ts j u d gment . I t can hear no comments on it. It any application is io .1, tended to be made for a verth e It gay, let it be made in the regular way." THI KING V. GENERAL PICTON. Mr. Law's applied for a rule to (hew carafe why the trial of this Gentleman (hould not be poilponed until the Sittings after next Term. The incliement was for a tranfaaion which took place while the de lenJant was Governor of Trinidad. Witneat had been examined upon interrogatories, and the depoit tions confuted of tsoo (beets, Soo of them were in Spanifh, which it would be neceffary (hould be !rat& lated.—Rule granted to (hew caufe. IW- HIINRY TATNAL The Souerrot G!PIRRAL moved for a Rule to thew canfe why an attachment ihuuld not iffue againft Henry Tatnal, for not executing the judgment of the Court. A perfon, of the name of Sydney, had been convicted of a very grofs offence againft the revenue laws, and was fentenced by their Lord(hips to be imprifoned in Warwick gaol (of which Tatnal is keeper) for two years. It appeared from the affi davits, that this Sydney was promoted, by the per fon againft whom the Learned Counfcl applied for the attachment, to the fituation of Turnkey, and had been permitted to leave the prifon. Lord Et.itsaoaoucit—" If it had not been for the eircumflance of his being permitted to go at large, I fhould not have objected. I recoiled an inftance of a woman who was fentenced to be impri. foned, and, by the gaoler giving her (nine liale in dulgencies, (he became a very ufeful member of fo ciety." The SOLICITOR GrN[R•L—'. To prove his good intentions, he told a perfon who gave evidence againit him at the trial, and who faw him at liberty, that he Ihould fool] be entirely free, and then he would have • at him ; fo that he teemed not to be in a penitent difpofition." Lurd Eturitsoitovcit—" It was certainly very blameable in the goaler to permit him to goat large. You may take a Rule to thew caufe " caoss ♦MD OTNIIItt t. lIMITM AND OTHERS. Special cafe upon an Outlawry, in which it was contended, that after Rating the Outlawry, the words "as by the record more fully appears," ought to be fet forth. The Court fcouted this objeaion, as an unprecedented experiment, the like of which had never been made Slice Weamintler lion was ereeed. Mr. Junice LAWltilleg Paid, that when the cafe was lett with him he did not think it was intended to be argued. He had looked, however, at the pre cedents in the books. In Brown; in Lilly Redisi• •us ao ; in Lutwich 39, and no fuch words appear ed. The Learned Judge obferved, that the Court had already too much to do, with being burthened with thefe unneceffary points ; and it was a pity that Gentlemen of the Bar, would not confider of the im propriety of contelling points which had nothing in them, which was an abfolute wafte of the time of the Court.—Objection over-r ultd. COURT OF CHANCERY, NOVEMBER 22. In the cafe of Ogle, a bankrupt, Mr. RfialllLLY, during the fitting of the Court vefierday, flated that Colonel Ogle, who had become a bankrupt, had been arrefied at the fuit of a Mr. Harman, and he moved for his difcharge on the following grounds : the Commiffioners lifting under theCommiffion of Bank. ruptcy had fent a fummons to Colonel Ogle, defiling he would appear before them at Liverpool on a cer tain day, in order to be ezaminef. Colonel Ogle prepared immediately to obey the fummons, but jug as he was about to get into the coach to let off for Liverpool, he was arrefled in the above fuit. It was contended, on the other fide, that Colonel Ogle was not preparing to obey the fummons at that time, and the Court ordered affidavits in fupport of the allegations on each fidc to be put in this mor ning. The affidavits on the part of Colonel Ogle were put in accordingly, and it appeared that fence the matter was before the Court yefferday, feveral detainers had been lodged againa Colonel Ogle, at the fuit of different perions. Mr. ROM ILL? now moved that Colonel Ogle fhould be difcharged, not only from the arreft by Harman, but from the whole of the detainers which had been lodged, or may be lodged. fubfequent to the Paid arreff ; and that fervice at the place of abode of Harman, and alfo of all thole who had lodged detainers, &fluid be deemed good fervice. The LORD CH ANCILLOIL faid, he fu2pofed thole do tainers had been lodged inflead of the affiJavits, and granted the order in conformity to the above motion. arts* V. CURYNONAII4. This was a bill filed for the purpofe of enforcing the execution of an agreement for the &le and pur chafe of certain lands in the parifh of Pcddington. A Mr. Peters had made a parole agreement to fell to Mr. Udney certain lands at Ptddington. Mr. Ud• ney had afterwards written a letter to Mr. Peter!, in'which he faid that he agreed to pay to him the fum of money which had been fixed on between them for the lands at Peddington. Mr. Peters, in confequence, wrote to Mr. Collett, who was Solici tor for both parties, and ordered a conveyance of the lands to be drawn. Mr. Udney made his will, and deviled the lands in queflion. The queflion now before the Court was, whether this was an agree ment which could be carried into execution ? Mr. ROKILLY argued that it • was not. The Sta. cute of Frauds required an agreement in writing, and in this cafe there was no fuch thing. There was, indeed, a letter which adverted to an agreement, but which did not at all fet forth any terms of agree ment. Mr. Udney, by this letter, agreed to pay a furn of money, but it does not fay What that furn was, for the purchafe of ' 4 the lands at Peddington" without fpecifying what lands were meant. The fla tote required that the terms of the agreement &outd be fpecificd, or it was nugatory. The LORD COARCILLoa faid it was well known to be a (landing maxim of that Coon, that if an agree ment is made in wr iting for the purchafe of lands, though the lands are nra conveyed, the equity it in the purchafer. But it mutt be certain that he has it. It mull be a good and valid agreement. In the prefent cafe, could Mr. Udney himfclf have compelled the execution of this agreement ? Certainly not—and if fo, furely the perfon who reprefents him could not derive from him a pcwer which was rot veiled in himfelf. On the other hind, flip died, could Mr. Udney have corm to have executed this agreement? and he therefore gave judgment Defendant. rp , fe Mr. Pcters had welted his exe:utor ? He thought not ; at in 14vour of the