Star. — London, England, 1805-11-14 00:00:00

SIR RICIMRD STILICHiIIn vicroßr. PVITHITA PAILTICt7LAILS. INTRACT OP A LITTIR. 'ROM AN 0/71CIR VW THt SVADION NADIR ADMIRAL SIR RICII.IITRACN•N. 1 ' November 9, 18os. " 1 have the greaten fatisfadtion in informing yet of a moft decifive victory obtained by Sir Richard Straehan over a Preach feluadron, confining of one 80 gun (hip, and throe of ye, on the ita loft. in lag. 43. aca N. long. 6. W. " I have additional plena( in laying that the Phenia has had her lhare of the &ties of the day, and was particularly learn mental in decoying the enemy down to oar gallant Commodore. The Phenix had only been out three days from Fahnouth when the (all in with them off Cape finifterre about eleven o'clock on Saturday morning, the 2d io ft.—they gave ehace to her immediately on making her out, and Captain Baker, knowing that Sir Richard Strachan was cruising in the Bay, with a great deal of addrefa brought them in fight of our (quadron about keen o'clock in the evening. A general ehace took place, which continued two days and nights, when the frigates had the good fortune to get up with them, and to bring one of them to uftion. The Santa Mugs rents was the firß up, the Phenix Coon joined her about half paft nine, when they bore down on the enemy's line, and opened a well diredted fire, raking each (hip ca pale/ ; they returned our fire with their Run clue guns, which materially injured the fails and rigging of both frigates, their objedt being to defeat our ma- Insuming. At half pail eleven, the Czfar. Hero, Courigeauxt and Lotus frigate got up, when the adion became general ; the enemy had a fuperior force for a eonfiderable part of the adtioe, the Namur not being ablo to join till towards the middle of it ; the Revolutiornaire silo joined us, and gave us great fupport, as wu yet in perfedt good order. There never were thipe made a more determined refiftanee—not a Chip ftruck till fite was a complete wreck, and had (offered terrible Daughter. The kb. OM, of 74 funs, bad drifted out of the line, and was principally engaged by the frigates—the did not ftrike till all her malts were gone, 70 men killed, and about 140 wounded. The Phenix be ing the nareft flip, the Fut% Lieutenant took poff:filoo of her.— The French Admiral ftruck about the fame time—the other two held out no longer than they dikovered the fate of their conform. The battle lafted four hours and a half with the (hips of the line ; the frigate were engaged nearly Cs hours. I not the returns from the different Mips, but I know our lofs is very inconfiderable, compared with that of the enemy. * There flips are four that made their cfcape from Lord Nelfon, and were all in high order when we engaged them. They were going to make • juodtion with the Rochefort fquadron." •110111/1 LITTER, Dated at Sea, Nov. g. " Mr Goon FRYIENTWe have, with the gallant and indeed gable Commodore Sir R.Strachan, bun reeking out for the Roche fort fquadron, and began to drfpair of ever feting them at all, though we had intelligence of them Ineral times by neutral ref. fele we (poke on our cruise. At Taft, on the morning of the sd inft. the Phoenix, 44, Captain Baker, full of fignals, hove in fight, and made a fignal of a fquadron of four French men of war, with an Admiral's flag. We law them to leeward, and chafed for fame hours, but loft them all in a heavy fog, then Cape Ortegal bear ing N. E fifty leagues ; but at 8 A. M. the 4th inft. we Caw them again, and formed line of battle with the Cain, 84, Commodore Sir R. Stracban, Bart ; Hero .74, Hon. Captain Gardner ; Cotira geux, 74, Captain Lee ; Ph:nix, Santa Margaretta, and .Eolus frigates in company. The Namur, 74, Captain Halftol, joined us almoft immediately. " At noon the aetion commenced in its full fury, and in a Mot time one of the enemy's Mimic Scipion, tacking by accident, the French Admiral and his three other (hips wrre obliged to do the fame to fupport their friend, thus fortunately nearing the Namur and Revolutionaire, which bore up with great rapidity and gave the frigates in the rear the credit of taking a good mare in the az tion.—the Namur loon opened a blazing fire. In about three hours after the commencement of the adtion, the Formidable, 84, (truck. and in about twenty minutes after, the colours were hauled down plebe Mont Blanc, Dugnay 'recline, 74. and Scipion, 74-- Thus we found ourfelves In polfelon of what we thought the ce lebrated Rochefort Iquadron, but found, on boarding, thefe Mips to be four fail of the line under the command of a French Admi ral, part of Gravina's, thirteen fail of which ef card off Cape Tra falgar in the battle of the left of Odlotscr. Thank GOD, our lab Is trifling, confidering the clofenefs of the adtion. Thefe hips were perfatly unhurt when with Gravina, and we fuppofe had very little to do with the above bufutefs off Trafalgar. Shall loon fee you, as we have a fignal flying to bear up for Plymouth to refit, and fecure on well earned prizes, for fear of blowing weather." AWOTHIL LITTSIt. " His Majefty's Ship Hero, Plymouth. Nov. so " On the 19th ult. we left the Channel Fleet, under the coin mind of Commodore Sir Richard Straehan, of the Czfar, in com pany with the Namur, Courageux, and Mona, in quit of an enc. my's fquadron at fa. Nothing occurred for fame days but falfe alarms. On the 4th of November we came up with four fail of the line, French, after two days chace. Fifteen minutes pat twelve we commenced firing, f ill carrying fail. Half paft, one of the enemy hauled up in the wind to rake the Commodore, and the Pelt tacking to fupport her, pee time to the Namur, who was Conte miles often, to come into adlion. The Commodore being much cut in his rigging in the !left attack,we were ordered to head In the fccond. A tremendous fire was kept up on both fides, with out intermifflon, for a length of time, when the French Admiral !truck. The reft were making the belt of their way, bat one of them being diftnafted, was taken care of by the frigates. The other two were followed by the Csfar and Hero at dote quarters till four o'clock, when they furrendered. The prifoners fay, they would have struck fooner, but they could not get the colours down. " The malts were fo much wounded, that, nest morning, not one of them was Banding, and we were obliged to take them in tow. Our malts and yards were much damaged, and our Rand log and running rigging cut to pieces ; our lots of men forte:meet'? Is very trivial, compared with their's. I cannot tell the number of killed and wounded in any of our hips, except our own, which was to killed, and Srwounded, ti of them dangeroafly. "The fhips we engaged were prefent at the glorious adtion off Ca diz I have eonverfed with fame of the sneers of the hip we took pck felon of rcfpetaing it. They fay they were not rightly informed as to our ftrengtb, nor were they certain that the Englifh fleet was commanded by Lord Nelfon. They came out under the idea that they mould only meet a bull force, and they were in hopes that they lould be able to pick up fosse ftragglers. They were quite &decibel!, on the sift, when they perceived oar Beet fo nume rous. A general attion, they knew, could not be avoided, and they refolved to fight it to the Wt. The lips we have taken were Moog the number of thole eukoff at the commencement of the battle, from the body of their fleet, which they never could join afterwards. They did not attempt to flip off and take care of theinfekees, until they perceived that the refult of the battle was wird them. Tredve lips (eight French, and four Spaniel), had *ruck, and two mere they could fee difmafted, when they crowd. ed fall to make off. They were proceeding to Rochefort wko we fallin with *to." ti 4 '~ NAUTICAL INTELLIGENCE. MAILS THIS DAY,Mied MIL DO& AIL •ti. o z Gottenbergl • 3 • J Dublin Waterford 2 $ .E--- 4 0 Fa 1.140t7T rt, Nov. z t.—Arrived the American brig Alliance, Pommy., from Peterfburgh for the Ifle of Rhee, with tobacco, in 68 days; the Swedifh (Lip Frederick, ENGLER ART, from China, loft from St. Helena, for Gottenburgh, with tea, 64 months from China; the American flip Iris, Goss, fromßaltimore, (in Virginia) to Amfterdam, with tobacco, tea, ftc. is put into Mount's Bay, difinafted ; His Majefty's (hip Hums', HILL, from a cruise ; and Experi- ment, COTHOWY, from London for New Orleans. — Sailed his Majefty's (hips Pot:LITT' and Hums's, with a convoy to the Eaßward ; Briftol packet, Capt. DAY, for Briftol, and the American fchooner Mary, Capt. HANSCONSI, for Madeira.—The Swedith (hip Providentia, Capt. Jacoss, from Wilmington, laden with tobacco and cotton, in twelve weeks paffage, appeared off this port this day, and has fine pro cceded to the Eaftward. PLYMOUTH, Nov. ta.—Came in the Goede Ver. wargting, Captain Lasts, from Rotterdam, bound to Bilboa, laden with ckeefe, detained by the Gaols- Lila gun brig ; Ann, Captain Bravos, from Oporto for this port ; feveral gun veffels, from the weßward; and the Surprise, Capt. PAAHAR, from Lifbon with fruit. PORTSMOUTH, Nov. t3.—Arrived the RAMILLIKS man of war from the Leeward Iflands : the above (hip was, laft night, fuppofed to be the EURTALUS frigate, which is not yet artived. Wind eafterly. DIAL, Nov. 13. —Arrived the Drzressca floop, frornDover Roads; FLAMta, DzspilATS, TICKLIR, and MANLY gun-brigs, from a cruize; STAMDARD, of 64 guns, from the Nitre, and failed through for Spit head.—Sailed the Fuer bomb, on a cruize.—Ar rived the Cruizer floop from a cruize, and brought in with her a French lugger ptivateer, the particulars of whore capture am not able to learn, as it blows Rrong from the N. E. and no boats yet landed; the lugger has her main top malt carried away, and many (hot-holes through her Gds.—Sailed through the Downs the Atlas, WILLIAMS, for Malta, and the Mary Ann, Hammoon, for Lilbon. Coax, Nov. 6.—The LOIRE frigate arrived in our harbour yellerday—(he fell in with the JEoLus, off Vigo. They faw the Rochefort fquadron, which were, when firft obferved, fteering for Vigo, but altered their courfe, and proceeded for Ferrol, where they arrived. Twenty five fail of homeward•bound Well Indiamen were coming into Cove this morning. DISTRIBUTION OF PRIZE MONEY. To the Indefatigable, for tha rapture and detention of the Spa n& frigates Funs, Clara, and Medea, on the sth 041. 11104, a di &illation will be made on hoard the laid t►hip, on the 14th inR. provided the than then be in any port of Great Britain, or to loon after al the than arrive therein; or No. ts, Great George Itrect, Weßminfter, for three sears to canoe. To the Lively, in company with the Indefatigable, for the de tention of the fame Stipa. will be made at the tame time, and on the fame conditions, on board the laid thip, or at No. 11, Cecil ftreet, for three years to come. The Antphion will be paid nn board, on her arrival in port, for the Dutch Stip Orion, detained on the lilt May, ans , or at No. 21, Milbank-ft:en, Weftntinfter, every Wednefday and Thurfday for one year, and the lift Wcdnefday in every month for two years to [Mit. The Illuftrinus, for the Spud& Ihip San Pedro, ma the nth of January, tSos, will be paid on board, at Portfmouth, on Wednef day the 13th MR or at the office of Edmund Lockyer, Plymouth, every Friday and Taefday for three years. The Repulfe, for the capture of the Spanith thip San Pedro, and kw cargo, Jan. #l. I Fos, will be paid at the Agents' Once, in Ply mouth every Tuefday and Friday for three months. The Naiad, for the capture of the felsomer De Frede, Feb. is, 3605, will be paid on her arrival in port ; and every Wednefday Ind Friday afterwards for four months, at Nu. as, Surrey-ftrett, Strand. The Hydra, for the capture of the Noftra &ignore Del Carmen y Annymas ; tbe Apollo, for the Lady Harewoud, recaptured Jan. is, 'BOO, and the Plover, for the (hip Fifties. and Cargo, will be paid on the t Bth infL at N 0.6, Stanhope-ft:cm, Strand, and recalled every day for three years. To the Amphion, for the capture of the Spud& frigates Funs, Clara,and Medea. °Reber 5, 1804, a diftribution will be made at No. 70, Great Ruffell-ftreet, for three yeah, Alfo for the fame captures to the Mcdufa a diftribution will be glade at No. 23, Norfolk-ftreet, Strand, and recalled three years. ARRIVKD.-At Plymouth, Surmise, Parker, from Lifbon... At Falmouth, Frederick, Fnglchart, from China • and Alliance, Prevoft,from Virginia—At Liverpool, Albion, Tompfon, from Barbados; Lady Cremorne, Gibfon; and Rhodie, Dawfon, from Antigua—At Dublin, Bryan, Doyle, from Antigua—At Cork, Severn, Mafon ; Hopewell. Reid; Lady Harewood, Brenan ; Echo, Rowe; Renewal, Cromartie; and Benjamin. M'Cartie, from Barbadoes • Fanny, Lee; Neva, Watfon ; and Sybella. Bar. ton, from Dem erara; Ceres, White; and Queen Charlotte, Kerr, from Grenada; London, Martin, from St. Kitt's; City of Eat.' burgh, Norton and Aberdeen, Cummings, from Antigua ; Olive Branch, Blandford, from Tobago; New Diligent, Sinclair, from Berbice; Speedy, ant Milford, Young, from St. Vincent's. The American brig Juno, Captain MARTIN, from the River La Plata, is detained and fent into Milford by the Speedwell privateer, of Guernfey. The Grange, Sr irrat., rom Grangemouth for the Baltic, is loft. _ _ _ The Plutus, —, from St. Thomas's for Embden, has foundered at fea ; clew Caved. The Goodwin, Barker, from St. Übe's, is arrived at Waterford. She was boarded on the 3d intl. by a French privateer off Cape Clear. The Harriet, —, from Port Jackfon for Lon don, has been taken, retaken, and is arrived at Wa• terford. The brig Good Intent, -, from the Well In dies, was run down on the 25th of Oftober. The Sufanna, Lovell, from St. John's for Jamaica, is captured. The Mentor, HUTCHIIIsoN, from Surinam, bound to London, is condemned at Demerara. Monday fe'nnight arrived in Leith Roads, the Blefling armed fbip, with a convoy from the Baltic. Sailed the Lord Melvillearmed brig to the fouthward. The matter of a veffel arrived from Riga, report*, that on the beginning of lag month, before he left Riga, there had been a revere florm and a heavy fall of (now, which had done conliderable damage amongß the (hipping, and that feveral Ruffian tranf port s and other veffels, were forced on Chore and difmaned. LAW INTELLIGENCE. NIGH COURT OF ADMIRALTY, NOV. 13. This day the Right Hen. Sir Wss. SCOTT pro- ceeded to the adjudication of the following Blip cafes : INSTANCII COURT. The Realization, Sibellius mailer.—This was a queftion of falvage. It appeared that this veffel fail ed froth Stockholm, and at the time the was perceit. ed by the falvors was a perfed wreck, with all her malts cut. The Court, in this cafe, pronounced as a remuneration to the falvors, a moiety of the value of the (hip and cargo, to be afcertained by the regift rars and merchants. The Rigby, Hughes mafter.—This "was alfo queftion of falvage. It appeared that this veffel, in the pmfecntion of her voyage, from London to Li verpool, buck on a fuoken rock, and was in imnti , nent danger of being entirely 1011, had it not been for the timely affiance of the officers and crew of his Majefty's brig Amy ; and likewife the exertions of the Mailer and crew of the Paid veil. The Court, in this cafe, pronounced one-third of the value of the (hip and cargo, which was eftimated at 16,9441. as a reward to the falvors. One-third of which fum it decreed to the owners, but took time to confider in what proportions the remaining part fhould be dif tributed to the other falvors. COURT OF CHANCERY, NOVEMBER Ta. 'BREACH OF A NAIIIAGE CONTRACT. WM. TURNER ON THE FART OF JULIAMA FRANCIS HIS WM V. Till etaagyis OF ZIONNEGAL. This exception to the Mailer's report. difallowing the claim of the Plaintiffs, on a bond for asool. was opened by Mr. Rom ILLY. upon the affidavits of Mrs. Turner, Mr. Bellamy her father, and Mr. Bryant, who, in this tranfaaion, was the agent of the Mar quis of Donnegal. From thefe it appeared, that. on the aoth of February, 1794, the lady in quellion was on a vilit to the Countefs of Lanelborough, and Mr. King, her Ladythip's hufband, where the received the addre fres of the prefent Marquis of Donnegal, who propofed marriage to her. As he was, at that time, on the point of leaving England, he was very folici tout to enter into an agreement or contrail between them, which would fecure their marriage at a conve nient time. Mr. King undertook to prepare an in liniment for this purple ; and, on the aoth of Fe bruary, in the year already mentioned, the, and the Marquis, being introduced into Mr. King's dote, figned a poll obit bond, in a penalty of 40,0001. each, if their marriage contra& thould not be performed on the death of his Lordthip's father ; the, of comic, figned under her maiden name Juliana Frances Bel lamy ; and, as Mr. King was the trullee, it was agreed, that the bond ffinuld remain in his poffeffion. In the month of Augurs, 1795, finding, by the newf papers, that his Lordffiip was aaually married to Mils May, the applied to King to deliver up the bond, bat he evaded doing fo. She fence learned, that he had fold the original bond to Mr. May, for another of 25001. which he appropriated to his own purpofes. She did not know, however, that the latter bond was given for her ufe and benefit, and as a compenfation for the breach of contrail, till the Marquis himfelf wrote to that effea, in a letter to her father. But the (wore, that the sever empower ed King to as in that manner for her. The affidavit of Mr. Bellamy, her father, corrobo rated mon parts of the above Raiment, and added, that when he found the Marquis had committed a breach of contract, in marrying another, he detsr7n • ded the bond of Mr. King ; but the latter rdufed to give it up, and, at tall, (aid, he had denroyed it.— It recited feveral letters from the Marquis himfelf, in reply to his applications, calling upon him for corn penfation for the injury he had done to his daughter. Ia all of thefe, his Lordthip connantly acknowledged the juftice of the demand, and promifed to make com penfation, as loon as he was able. . The fiat was dat ed on the 18th of December, 1799, in which the Marquis promifed that the demand thould be fettled as foon as poflible. There was another on the 6th of February, tiloo, while Mifs Bellamy was nal fingle, in which the Marquis again confeffed theclaim to he jun, and Paid, he had tangled his agent to, make out debentures for the payment. There were many other letters, to the fame effed, in which he complained that his trunees had behaved very ill to him, and promifed, upon his honour, that this fhould be the frit debt paid, when his affairs thould be put in any train of fettlement. At lA, however, the Marquis informed him, that King had received the money from one of his agents, which was meant for compenfation, and that the original bond was can celled ; but, that he confidered - himfelf Rill anfwer able, and would take no advantage of the circuits flance, whether King Mould pay back the money or not. Mr. Bryant's affidavit Rated him to have been agent for Lord Donnegal, in this and other tranfac. tions ; that, by his direllions, he made out debentures to King, for 12,0001. upon his giving up other bonds, which he held of his Lordfbip, for 36,5001. ; amongft the former, was one for the fum of asool. for Mifs Bellamy. That immediately after this was executed Mr. King gave a parcel to the Marquis, containing his letters to Mifs Bellamy, and the bond for the marriage contra& He thought, at that time, the Lady had placed the utmoll confidence in Mr. King, and the debenture was made out in the names of Juliana F. Bellamy, and the Hon. George Augullus Butler ; that, at a fubfequent time, the Marquis ex preffesi to him his difappointment, at King's not hay. ing paid her the compenfation, as the bond was given for her ufe and benefit. Thefe, the Learned Counfel faid, were the grounds upon which this claim retied. The queßion was, Whether the Marquis of Donne gal had ever given this bond ? and if fir, whether his client had ever been fatisfied for it ? Thefe, he thought, could admit of no argument ; though he could not produce either the bond or his Lordfhip's letters, as they were delivered up to him by Mr. King, and cunfequently cancelled. He, therefore, fiabmitted, that the Marquis was Rill indebted to her in this compenfation of 25001. which was all the now demanded ; and for which King could never be ad mitted a creditor, as he never gave any confidesation for it. Mr. HART, for the creditors, contended, that it was contrary to the pM.aice of the Court to make a de cue in favour of this demand, in the abfence of the Marquis of Donner!. who was not now in this molar& and of Mr. K ing. who was the other party. It was evident, that Mr. King was the agent and troftee for the Lady in the whole tranfattion. The Marqnis was a young Nobleman, axone-of the molt fplendid fortunes and dittinguifhed families in the kingdom ; and there was nothing to thew that the Lady was of a rank, character, or fortune, that could entitle her to fuch a match as was contrafted tor in Mr. King's doter, without any other witneffes. Mils Bellamy, at that time, bound herfelf in a penalty of 40,0001. to perform a condition, which, had the re futed to do, there could he no danger of her ever paying. The ccnfidence the placed In Mr. King was evident, by her making him a truftee, and entrufting the bond to his cuftody ; and he trufted that his Lordfhip would not encumber the lawful creditors with the payment of fuch a demand as this, and efpe. cially. as, if the Lady found herfelf injured in this breach of promife, (he had the other Courts open to redrefs her. Mr. ROMILLY replied, that if the objettions to this demand amid be deemed valid, they/11MT equally apply to all the other debts contradted by this in confiderate Nobleman, under fimilar circumftances ; and confequently to thole very creditors, in whole behalf Mr. Hart had oppoted it. Though that Nobleman was reprefented as having a fplenclid for tune of 50,0001. a year ; yet, when it was confider ed that it was now fubjeft to the claims of fo many needy creditors, the lady in queftion, intlead of be ing deemed unworthy of fuch an alliance, had, per haps, at this moment, reafnn to congratulate herfelf on being Mrs. Turner, inftead of Marchionefs of Donnegal. The plea of Lord Donnegal being now out of the country, could be of no more avail againft this, than any other debt ; and he could not give that nobleman much credit for his good intentions when he refledted, that. at the moment of his tranf siting this bufinefs with Mr. King, and of his cancel ling the bond, he was in aftual treaty with Mifs Bel lamy and her father. The Loan Ctlancectot did not think the ablince of the Marquis from this country any bar to the de mand ; and, as the bond given to the lady was not fatisfied to ber, if King delivered it to the Marquis, he &mad have confidered himfelf as holding it in truft for her. He owned, that the circumftance of her entering into a bond, the penalty of which the would be unable to difcharge, was liable to tufpi cion ; but courts of Mice could not truft themfelves with any thing fo dangerous, as making their deci tions depend uptin tufpicions circumftances, or what they might have heard in other cafes. or in another place. The difference in the lituation in life of the two parties, did not invalidate the contra!, nor re• duce the quantum of the compenfation ; for breaches and difappointments of this kind were likely to de molt injury to thole in middling nations. It appear ed, that after his marriage with Mils May, the Mar qnis Rill acknowledged the juftice of this lady's claim. and expreffed his difappointment at King's not fAtisfying it. The tranfaCtion between the latter and the Marquis was confined to themfelves, and did not leave her the lets a creditor, though it might give him a demand on King. He, therefore, or• dered, that the exception (hould be allowed. NVAILELI. V. THE SEARVIS OF DONNEOAL. This was an exception to the repett of the Mallen under the following circumftances s. It will>e recol idled, that the prefent Marquis of Donnew4, on the death of his father, found himfelf fo much ember rafted by numerous claims and obligations, in which he was prima fade a debtor, to fuch an extent, that he was under the neeeffity of executing a deed to fume trances, empowered by a Decree of Chancery, ti enquire into, liquidate, and arrange all the juft claim. upon him. Amongft thole was the prefent bond for soool. given to a Mr. Crooke, for the pur chafe of an elate, farm, houfe, furniture. and foal, brood mares, at Egham Hill, where they were after. wards fold in execution for tome other of his Lord fhip's debts. It was agreed, that the money was not to be paid till after his father's death; and. in the mean time, Mr. Crooke having become a bankrupt, tlis bond, with a lien of sool. came into the hands of Mr. Warrell, one of the affignees of the bank. ruptcy. Crooke, in bis affidavit, Rated, that what he received the bond in confederation of, was worth the money charged on it ; but the Mailer not being fatisfied with the account given of the tranfaaion, refuted to Admit the claim. Several affidavits were prcduced in fupport of the jullice of the claim, and Mr. PIOOT and Mr. Routsta contended, that it ought to be allowed ; aa, even toppling the origi nal tranfailion between Crooke and the Marquis to have been vicious,' t could not affea this affignee, who without any queftion, received it for a valuable conaderation. Mr. HART, for the lona Pe creditors, maintained, that the nature and terms of the deed of truft, pre cluded the truftees from admitting any claims, in which the valuable coefideration was not proved, otherwife the troll would be no proteaion at all to the Marquis, who, in his thoughtlets moments, was induced to execute inftruments, which had been fraudulently or delufively obtained. The Mager could get no fatisfaaory account of the real value of what was called an eftate ; though it turned out to be only the leafehold perhaps of a rack-rent, and of the farm, brood mares, &c. he could obtain no better information. He alto underflood, he Paid, that this claim upon Crooke's bond, was purchafed by Mr. Warren, for the turn of eleven guineas. The Loan CHANCELLOR laid, that he thought, in the prefent initance, the Court had but little to do with the confederation ; but, as it appeared that the whole of the tranfaftion was nor, as it ought to have been, fitted to the bottom, he ordered that it (hould be referred back to the Matter, to review his report.. ELOI•14 AND OTHERS V. THE MARCZyII OF onsascAs. In this cafe it appeared, that the houfe of Bloxara had advanced large turns of money, on the feeurity of bonds given by the Marquis of Donnegal, for Mr. May , his father-in law. After the deed of truft had been executed, tome difficulty ariting before the Matter in the admiffiun of the demand, the Marquis and Mr. May gave them a frefhtecurity for the debt. and the quellion was, whether the trufiees were not precluded from the payment of the firft fecurity to the Plaintiffs, by their having accepted of the fecond? The LORD CHANCELLOR obferved, of the truft deed mutt determine ed the traces from the payment who lhould accept of other fecurh before he made any decifion on the quire farther of the Matter. t.' t T w e b t th th er at t h p e r : c ems . t of bonds to parties whin. Therefore, he cafe, he muft in- (Terra oven