Star. — London, England, 1802-07-08 00:00:00

A7ll' PARLIAIIIRAT. NTEMIit RS R PTURN'D. renondiCh .nl-I",ns. Drake "I'rwhitt Drake, Eq. Charles ])rake "rard. Fri,ig• north— John Whirmor- qI. H. Browne, Efq. F Coke. Fig. ' " ' • " _ . }Aft Rrtfor.!—rnlmd Cr rturd. J.tffray, Erg. 6)ouccticr J, rtr, -f q Hnwarri.l . . . u o d w —Sir W olv.rtE•lT.nnl Nvh Ffg. ]hvi(bury•—Vdr •uet Rirkw , ll kivht 14,.n. C. Abb ot . hob. Clive. In. Rich. Payne Knieht, Erg. Wrll/1 A•rd Francis How, Shay. FN. Thni. Fine. lifq. Hi y Fin:. Efq: N,%;ark.—.N.:nl;rl.l Sir s Nforicc Po!e, Efq. Sir Thomas Niwincrs Snrtnr. jalliffc, F. 14. Ser.leant Belt. 5-adwich—Sir P. Step!), na. :- 1 ;t• 11. Ms n. iqi.ftcfbu v—E.l...)vcacn Lrwrlen, Ffq. Robrrt Hurft, trq. Si ridan. 1:14. Hon. r. Mnric I: ton. fttyning —G. Sutton. Lfq. H•nry In(1,1rdl. Ffq. Wlnchcit Riesard Gamun. Sir H. Mildmay. Writhury—W'm. Baldwin Efq Chu. Srni Ffq. yuck—Sir Milner, llnn. Lawrence Dundas. State of the Poll, at Hull, on Tntfday—THORN TOV, 1266; STANIFOKTH, 1183 ; DENNISON, 7 6 7; DS: Lord THANET arrived at Appleby on Weclntt day fe'imight, accompanicd by Mr. FRANCIS, WhO is expecicd to be one of the candidates for that Bo rough. Mr(frs STANLEY and BLACKBURN are the orlv candidates for the county of Lancafler; and Isleirrs. TARLETON and GASCOYNE, for the Borough of Liverpool. Mcifrs. FLl.Lowts and SMITH were chaired with much pomp at Norwich on I'uefday laft. On the preceding evening a contell took place between the friends of the contending Candidates, when one of Mr. WINDHAM'S party, with a blow of a pitch• fork, In feverely wounded an independent, that he died next morning. NOMINATION TOIL IcFs4T.—Yefierday was ap pointed for putting in nomination Gentlemen pro perly qualified to reprefent the county of Kent in P4rliament. Mr. Ft xstt a Hosvwooo was unable to attend the meeting from his weak (late of health. This, however, did not at all cool the exertions of the independent interefi in is favour. On the nomination, the fnew of hands was de cidedly in favour of Mr.Hoffrwooo and Sir IVIL LIAM GEARY. By letters received from Wroscssyrß, we learn, that lull as the Elellion had commenced on Mon dAy forenoon, Mr. Scorr, a relative of Lord DUDLEY, who happened to be in the neighbour hood, hearing that the EleCtors were very much difratisfied with Mr. WIGLF y, drove into the town and declared himfelf. The EleCtors inflantly /hewed their detcrmivation to fupport the new Can didate. SOUTHWARC—On cafting np the poll in the Bo r ough yelterday, at four o'clock, the numbers flood as under : _ _ Mr. Thornton - 2384 I Sir Thomas Torten 995 tlr. Tierney - 2197 Cirv.—A the clofe of the poll yefterday itl Guildhall, the numbers were as follow : Alderman Combo 736 B. Tr tvers, Ecci p - 311 Price - 720 Sir W. Lewis - ato Curtis - 693 W. Lulhington - 64 Anderfon 369 Sir W. LEWIS addre ed the eleflors in a short fpeech, wherein he faid, that from the reception he experienced yellerday, he had flattered him felf he thould have Rood higher on tha poll.— How the other candidates had fucceeded in being fe far above him, he could not fay, but there was a time when the Livery exerted themfelves fur his fuccefs, and he truiled, that, during the prefent conteft, they would not relax in their endeavours. Alderman Cuarts and Sir J. ANDERSON feve rally attempted to addrefs the Livery, but their voices were drowned in bias and groans. Mr. TRAVRRS expreffcd his acknowledgments for the liberal and generous fupport he had re ceived. He withed to remind the Meeting, that they were engaged in a glorious flruggle for their independence,and trufled that fuccefs would crown their labours in his behalf. Mr. Alderman Plt IC v, in a neat fpeech, thanked the Livery for the high favour they had done him. By continuing to perfevere for a Ilion time longer no doubt could be entertained of his return, a grateful recolleltion of which he (houldever cherifh. Alderman Com se was grateful to the Livery for being again at the head of the poll. He beg ged the Livery to continue their exertions, which he had every confidence would prove fuccefsfuL Wesmissrsx Eescrins.—At the dole of the poll yellerday, at four o'clock, an interval of near 4o minutes elapfed before the numbers were caft up. It was not, however, wholly unoccupied. In the firll place the fellow with the whip had refitm. ed his nation in front of the Huflings, and (hook it et LordGernu Eit with no lefs dexterity than he had done on the preceding day. Full fcope and op portunity was afforded for the difplay of that pe• caliar fpecies of wit, which charaderizes a con tzfied Elation. One exclaimed, Cltarky, if we ietion you, promde to let us have porter for 3i.d. a pot.—Another laid, give the Admiral there a dozen, and fend him to his (hip in Tor bay !—A man made himft.lf hoarfe, by continual. ly calling nut—poor Gardner!—dome ever Gardner! —rolfmg flow Gardner!-0 poor Cardeerr !—Another dirt:fling himfelf to the new candidate, cried out —HA° ! Graham, Have you got any old farviture you eon fill cheap !—hand as over a ratalogne !—At lenbth the numbers were declared as under : Mr. Fox 304 I Lord Gar,lncr 401 I hlr. Graham r 93 On the poll being declared, each Candidate ad dreTed a few words to the populace. Mr. Fox prdfed his friends to come forward, in order to xpedite the bufincfs of the elation; thanking them at the f.,me time for the great majority of votes they had already given hit-IL—Lord GAR DN ER fOl. ItiW t d ; hut was again hilted and hooted by the ; on which he fmiled, bowed, and withdrew. Mr. GRAHAM obferved, that he Rill entertained hopes of final fuceefs, being determined to perfe vere. His fpeech was applauded moil vociferou fly. The Candidates retired, preceded by a band of mfirumental mulle (marrow boon and clumert.)-- They were efeorted with the ufual popular ho mily., and the vaulted roofs of Covent-Garden Piazzas refounded the praifc cf Fo. and GRAHAM, ,n.l a rho feennii claV. NAUTICAL INT.ELLICENG'II'. MAILS THIS DAY. — KIND S. S. E. ♦IIIVID. DVS. 2 Waterford, I I Hambursh, 2 Yellerday the Putter of the Hon. EaII India Company's Chip the Skelton Ca(lle, Captain FRE DERICK Pm:Am, attended at the India Houfc and received his final difpatches for the Right Hon. the Governor in Council at Fort St. George ; with which he immediately proceeded to the Downs, to wait for that Ihip coming round from the River. The Skelton Cattle is the hit fhip of this feafon for Madras. The only (hip now remaining to be dif patched is the Devaynes, Captain WILLIAM AD DERLEY, for Bengal ; (lie will clear out in a few days. The paffengers by the Skelton Csftle are Captain C. D. BRUCE ; Captain ADAM STEELE ; Mr. W. M. BURTON, cadet; Mr. THOMAS WATTS; Mifs WREN; Mifs WEAVER. PORTSMOUTH, JULY 7. This day arrived the Sufannah, Ltwis, from Guernfey. Sailed, the Alliance, Captain Wm. Romm, for London ; has on board a number of antiqui ties from Egypt : alto the John and Edward, Captain PHILLIPS, for ditto; Camilla, Captain You ua. for Sunderland; and the I'hcebus, Capt. BYWATERS, for Shields. The Albion, Captain HOOK, is here from Riga, bound to Barcelona, and will fail fird fair wind.—His Majelly's fhip BRUNSWICK, of 74 guns, was paid off this day; and yefferday his Majeay's ihip BELLONA. YARMOUTH, JULY 7. This morning, early, arrived here the EARL OF LEICESTER Packet, Capt. CHARLES THOMPSON, with Mails and PalTengers from Cuxhaven ; the Mails were immediately landed, and fcnt to Town. The wind having thifted to the N. W. the PRINCE OF WALES, and the EARL OF LEICESTER Packetb have failed for Harwich, to attend duty. LIVERPOOL, JULY 5. Arrived—Flora, Hancock, from New Providence; Barrett, Lowthian, from Jamaica; and Samuel Elam, No!tle, from New York, at this port; Dart, Crofby ; and Juliana, Good win, from hence at the Gold Coati; Kitty, Murdock, from Africa at St. Kitt's ; Rdource, Clark, from Africa ; and sulks, Bovin, from hence at Demerara ; Byam, Martin, from Africa at Barhadoes, and failed tot Trinidad ; Alexander Hodgfon, Turner ; Margaret, Cobb ; and Sally, Webber, from hence at Bolton; Six Sifters, Gorron, from hence at Baltimore; Mi nerva, Hack, from hence at Virginia; General Mercer Moores; ar.d Brifeis, Cron le, from hence at Ncw York ; Cornelia, M,Lel lan ; MifSflippi. Callahan ; Amiable, 'rillinghaft ; South Ca. ralina, German; Sampfon, Kingfton ; and Sv. , anwiclr, Kirk bride, from hence at Philadelphia; Eliza, —; John, Parr; ana Eliza. Roberts. from hence at Hallifax ; Flora, Joy, from hence for City Paint. in Hampton Roads the sad May; Three Williams, Murray, from hence at Demerara; Eliza, Stokes, from hence at Lifbon ; and Blair, --, front hence at Oporto. HULL, JULY S. Icrice.Clark, at Bilboa; Ocean. Late& Ailucei , . Triton, Hudfon ; and Margaret, Maxwell, at Hanthurgh ; Mafon, Ruffell, at Bridle ; Fame, Minnict; Margaret, Few fon ; Mary Frances, Bunney ; Britannia, Atkinfon; Guar dian, GrcenwAy, all from this port; Jane, Sunley, from Scar borough; Edward, Metcalf; and John and Robert, Gregg, of Whitley, at Peterfburgh ; Peel, Stephenfoa, from this port, on the aoth ult. at Rotterdam; Bremen Packet, Wife, from this port, at Bremen ; Margaret, Brohop ; and Providence, Fox, of this port, at Havre; Black River, Burgher, at New York; Thordy, —, at Oporto; and Nile, Howard, of this port, at Barcelona. FROM LLOYD'. UST. DEAL, J ULY 7.—Arrived, and failed for the River, the Hercules, Ewing, from Tobago.—Sailed, the AUTUMN sloop, and BLOODHOUND gun-brig, on a cruize. Wind N. N. W_ GRAVESIND, JUL', 7.—Paffed by, the Watfon, Pullen, from Berbies; Birmingham, M'Carthy, from Baltimore; Alfred, Robertfon, from St. Vincent's; James and Rebecca, —; Afphalon, Smith; and Bellifarius, —, from Hon duras; Refolution, Langley, from Trinidad; Darlington, —, from New York; James, Sewell, from Surinam; Re fnlution, Donnett ; Latona, M'Grath; and Phenix, Dou glas, from Jamaica—Sailed, the Sprightly, Dove, for Let horn ; Tagus, Cobb, for Lifbon; Eleanor, Wyatt, for Ham burgh; lortuna.,, —, for Rouen; and Hoop, —, for Amlti.rciam. ARRIVED. In the Downs—Phi:raiz, Baird, from Tobago; Nile, Miter; Comet, Murchilon ; and Cumberland, Humble, from Dents rara ; Fanny, Stephenfon ; and Beffifarius, —, from Hon duras; Louila Henrietta, Jack, from Surinam ; Lady Parker, —, from Atiti.na; Fairy, —, from Tortola; Delaware, Davidfon, from Philadelphia; Mary and Elizabeth, —, front Lifton ; Erunfwick, —; Pheeniz, Douglas; Princefs of Wales, Greig; Francis and Eliza, —; Cygnet, Finer; Willoughby, LOVOS Salm, Dunn; Courier, Grant ; Reward, Leech ; Thetis, Dowry; and Fingal, Greenleaf, from Jamaica ; Hygeia, Milton, from Barlridoes ; Birmingham, M'Carthy, front Baltimore; Comet, Taite, from Trinidad; Lady Ann, 'kVAuthor; R atler, Brown; and Jane, Clark fon , from Grenada. At Cowes—Patlgy, Brown, from Virginia ; and Patriot, Seward, from Charlefton. At %dux—Rabella, from Liverpool; Hope, —, from Hull; Orotavia, Brough, from Tentriffe • Dalher, Da vidfon ; Q,Ethec, Bayley ; Argus,CamplacU; Rob ert and Sarah, Carman ; Chaaty,Stager; Norfolk Hero, Scott ; Norval, Bran ; deoni, Patterfon ; Crefeent, Parts:all ; Valentine, Flo ud ; and Be-atria, Lawful), from London; and Nancy, Walker, from - At A Falmouth—William Penn, Rofs, from Philadelphia; Harria, —; Helen, Atkinfan; and Rebecca, knelt, from Virginia ; Norfolk, Corwer, front Wilmington ; Nancy, Hobbs ; and Aril, Baird, from Baltimore ; Two Friends, Baker, from Surinam; and Commerce, Finlay, from Gallipo ly. At 1 deli-pool—Warrington, Delano; Mary, Brunker • and. Samuel and Elemora, Noble, from New York ; Venus, D ' afhill, front Baltimore; Venture Again, from Philadelphia ; American, ‘Vatfon, from savannah; Alice, Leathwaite, from llonthiicit; Venerable, Lewis, from Barbadoes; Howe, Lamb, from Dantaic ; Duke of Kent, Dove, from ht. Croix ; Adriana, Borwortli, front Dentarara ; Difpatch, Ax:dy, from St. fvli• disci's; and Rebecca, M'Ncil, from New Orleans; Sincerity, Davis, from Greenland ; flora, Hamack, from Bahamas ; and General Hunter, Atkin( et, front Virginia. Off Dover—Sally, Williams; Merlin, Smith; and Latona, M , Gmth, from Jamaica. • Off Dartmouth—Quebec Packet, Campleman, from Quebec. At Dublin—Columbine, Bruce, from St. Vincent's. At Havre—Benjamin, Frankly, from Philadelphia ; and Den noben Cagle, M'Bride, from Virginia. At Demarua—Baffetcrre, Lonfdale, from London; and Sally, Love, from Clyde. At Halifax—Marerct, Miller, from Clyde. At New York—Eagle, Thompfon, from Belfalt ; Henry, Rogers, from Liverpool; Brutus, Bunker, from Dublin ; Sally, Gallop; And Mary Ann, Sall/wiry, from Beall; Thomas, Matthews; and Memory, Balk, from Clyde; Seaßowix, Bell ; and Wemys, Bennett, from Leith. At Clyde—Benfon, PolUethwaite, from Trinidad. At Botpdeaua—Eagle, Percival, from London. At Gafpell—Amelopc, Pattafoo, from London. At Opertn—lfienincta. Fair, from London ; and Harmony, Warrirgton, from El ittol. LAW INTELLICZNCE. COCKPIT, WHITEHALL, JULY 7. (An Appeal from the Vice-Admiralty Court of the Ifland of Guadaloupe.) The Venilia, William Paine Matter.—This fhip, laden with a cargo of wine, brands', and other ankles, and dellined therewith from Salone to the ifland of St. Thomas, was captured on the 2t ft of March, 1799, by his Majefty's (hip Invincible, and carried into the ifland of Martinique. It appeared that a claim was given by the Miller on behalf of i Jofeph Covachich, defcribed of New York, mer chant, for the (hip, and for the general cargo, on behalf of the faid Jofeph Covachich and W. M. Seton. It was fubmitted on the part of the cap tors, that in point of national charaCter, Mr. Co vachich was not to be confidered as an American, but that in this tranfaaion he was to be confider ed as a Spaniard; for although the documents for the prefent cargo held out a dell in ation to St. Thomas, yet it was manifeft, from the correfpon dence before the Court, that this claimant was carrying on a trade from Spain to a Spanifh fet tlement, and back again.—Their Lordfhips direet ed further proof to be produced in this cafe. (An Appeal from the Vice-Admiralty Court of the Ifland of Jamaica.) Neuflra Senora de Los Remedios, Antonio Ser ra Mafter.—This (hip, laden with a cargo, confift ing of goo barrels of flour, and fome cafes of wine, and bound from New Providence to the port of St. Domingo, was captured in the beginning of Janu ary, 1799, by his Mai . efty's !hip of war Stork, Chriflopher Laroche, Commander, and car ried into the ifland of Jamaica, and (here duly pro ceeded againft. It appeared that this fhip was failing under a licence granted by the Governor of the Bahama Iflands ; but it was fubmitted, on the part of the captors, that at the time of the capture the veffel was fleering from one Spani(h port to another, which was not conformable to the terms of the licence. Their Lordfhips, in this cafe, reverfed the fen tence (If the Court below, and reftored the chip and cargo as claimed, and alto condemned the captors in both instances in the colts. COURT OF KING'S BENCH, JULY s. SHADD V. JOHNITONF. _ _ _ This was an argument for a new trial of an ac tion upon a Bill of Exchange. The Bill was drawn in thefe words : " Pleafe pay at your boufi soot three months after date." There was no evidence at the trial of its having been prefented at his houfe for payment, and the Counfel for the Defendant infifled that that was a material allegation of the Plaintiff's declaration, which he had not proved, and therefore thought the Plaintiff ought to be nonfuited. As this was a doubtful point of law, it was re fereed for the confideration of the Court ; and the Defendant had a verdit fubjed to their dccifion. In fnpport of the verdict it was argued, that it was immaterial, inafmuch as in common cafes it was not neceffary to prove that the Bill has been prefented ; and a cafe was cited from Bailey's Treatife on Bills of Exchange, in which the words were, Pay to my Banker,' naming the houfe, and yet it was not held to be neceffary to prove the prefenting it at that houfe. On the other fide the authority of this cafe was difputed, on the ground that it was altogether un reafonable, that when one had exprefsly fpecified A banking-houfe at which provifion was to be made for the Bill, that payment &fluid be demanded any where elfe.—The Court poftponed their de cilion till further confideration. JULY 6..-.-SIDLEY AND OTHERS V. TRODSHAW. Mr. Juftice LAWRENCE faid, that this was a cafe tried at the lal Affixes for the County of Lan calter, before Mr. jUlliCe CNAMBRE..—It was an action of Debt, upon the fifth feEtion of the Ha beas Corpus Ad, to recover a penalty againa the Defendant, for refilling to grant to the Plaintiffs a copy of the warrant of commitment or detainer, by which they were kept in the cuftody of the De fendant, who is the keeper of the gaol of Liverpool. A verdiEt was found for the Plaintiff, with liberty for the Defendant to move that a Nonfuit might he entered, in cafe the Court fhould be of opinion that the Plaintiffs had not (hewn they were entitled to call on the Defendant to (hew this warrant at the trial. The fubaanee of the Plaintiff's declaration was, that they were in the cuftody of the Defen dant, but not under any charge of treafon or fclony. The Plaintiffs demanded of the Defendant a copy of the warrant of commitment or detainer, but that the Defendant did not within fix hours after wards deliver to the Plaintiffs fuch copy, whereby he forfeited the penalty of tool. dec. It appeared that the Plaintiff, with three other perfons, were apprehended in Ireland, by a perfon of the name of Shee, under a warrant from Lord Caftlereagh, and brought over to Liverpool by ' that conflable, and came into the cuftody of the Defendant, as Keeper of the Gaol at Liverpool, on the 17th of July, and remained there until the 19th of that month, when they were taken away by Shee. That they, feveral times, demand ed a copy of the warrant of commitment, which 'the Defendant refuted to give to them, and that the Defendant had a warrant in his hand. The ' Defendant had notice to produce this warrant at the trial : it was contended at the trial that the ' Plaintiff ought to have been nonfilited, becaufe it was not proved that the Plaintiffs were under any warrant of commitment or detainer. But the learned Judge left it to the Jury to fay whether there was a warrant or not. The Jury found theta was not any warrant, but that which was given to Shee, and he took it with him, when the Plaintiffs were taken away and brought to London. A vet , did was found for the Plaintiffs, for the penalty in the Mt of Parliament, fubjeft to the opinion of the Court upon this cafe. There were feveral other fads proved at the trial, but as they were not im portant in the confideration of the law of the cafe, the learned Judge faid he fhould not Rate them. The LORD Cillite Jusrice having been Counfel in the tank, took no part in the judgment.—Mr. Juftice Lawaawce laid, that his brothers GROS' and La BLANC and himfg had confidered this ' cafe, and were of opinion, that tbe oblation taken at the trial was well founded: that the plaintiffs having declared they were detained under a ccm mitment or detainer for Come criminal matter, but not for treafon or felony, it was incumbent on them to prove fomething of the nature of that warrant. That there was no evidence given of the warrant given to Shee, and which was taken away by him, and that therefore notice to the de fendant to produce it, was nugatory, it not being in his poffeffion ; that this notice to the defendant to produce the warrant, would not have entitled the plaintiffs to give evidence of its contents upon its non.prodn6tion by the defendant. The conic quence of which was, that the rule for entering a nonfuit in this cafe should be made abfolute.—Rule abfolute accordingly. JULY 7. To-day being the lag day of Trinity Term, was occupied in hearing motions, and dilpofing of the butinefs nectifary to he done previous to the Armes. Mr. GIBBS moved for a mandamus to Commif (loners for enclofing the common fields, &c. of the pari(h of Entham, calling upon them to make an allotment of twenty eight acres of land, which he contended were not allotted. An Ad paired in the year 1781, allotting a certain proportion of the waste in that parifh, upon which oecafion Mr. Langford, as Lord of the Manor, received 482 acres, as his flare. His allotment came clofe to the turnpike-road, and on the oppolite fide lay the 27 acres in quellion, which were very convenient for Mr. L. It feemed that fome of the parishioners walled to have a ring of bells, and therefore Mr. L. called a meeting of them, and after giving them a dinner and (upper, propofed to give the parifh a let of-bells. if they would let him inclofe the 27 acres. This was agreed to, but it was only in part performed, for Mr. L. had inclofed the land, but forgot the bells. Lord ELLENBOROUGH Paid, that they might go to Chancery for a fpecific performance. Mr. Gilles replied, that this cafe flood on other grounds, for he contended that the Parifhioners, being only a part of thofe entitled to the right of common, could not make any filch agreement; and as a fubfequent AQ pallid in the year t 800,, for enclofing the remainder of the wages ; there 28 acres, which were part of the land unallotted by the former AEI, ought now to be allotted by the sail Aa, which was the object of his motion. It appeared, in anfwer to a queflion put by the Court, that Mr. L. had been in poffeffion eighteen years. Lord ELLENDOtOIIGH faid, if he had been in, poffeffion twenty years, he would have prefumed it to have been part of his original allotment. The Rule • might be taken. Lord ELLENBOROUGHafked if there was the cer. tificate of the Attorney• General, of his content on behalf of the Crown ? Mr. HoveLL Paid, they had not that certificate at prefent, but that the rule thould not be drawn up without producing fuch content on the part of the Attorney-General. Lord ELLENBOROUGH raid, that not only was the rule not to be drawn up, but it was not pro. nounced without fuch certificate. The motion was therefore refuted. A motion was afterwards made for leave to compound the penalties on certain cafes of nfury, by confent of the profecutor, on payment of half the fine to the King and a certain rum to the in. former, betides cods to be allowed, as between Attorney and Client : " But no, (laid Lord EL. LENBOROUGH) this is an attempt to play a trick upon the Court, by which the party intends to gain, for his compliance, a larger rum than he af. fetis to take." And therefore the Learned Gen tleman who moved it, propofed to hike out of the motion, " Coils as Attorney and Client," and infert initead of them, the words " Colts as be tween Party and Party ;" a difference which is well underilood in the profeflion, and which is, in fome cafes, very confiderable in amount. Upon which the Court affented. In an aaion for Criminal Converfation, which now Rands for trial, Mr. Glass laid, a witnefs to be examined was going to Ireland after the next Sittings, for which reafon he hoped his Lordfhip would appoint a - day for its trial. Lord ELLENBOROUGH faid, he could not, at pre. Pent, name the day on which it fhould be tried, becaufe that might derange the order of the Corn. mon Jury Cautes, but it fhonld be tried in the courfe of the next Sittings. His Lordlhip then took occafion to obferve, that owing to the pro ceedings of the City of London nov.' going on at Guildhall, it had been deemed expedient that there fhould be no trials of caufes there on Friday—and therefore his Lordfnip defired Gentlemen at the Bar, Attornies, and other perfons concerned, to be apprized that he ihould fit in Weliminfler tnmor row and on Friday ; whether he lhould fit in Lon don on Saturday would depend on circumßances with which he was, at prefent, not acquainted. • JOHNSON V. SHEDDON. This was an a&ion upon a Policy of Infurance, in which the quellion was, upon what fcale of calcu. lation a partial lots was to be computed ? a point on which there has long been a great difference of opinion among the Gentlemen at Lloyd's. Mr. Oliphant and Mr. Vans, two very eminent perfons in commercial affairs in the City, differed upon this fubjeti, and gave their evidence upon two trials before special Juries in Guildhall, when verdias were found for the Plaintiffs upon the fcale of cal culation adopted by Mr. Oliphant, agreeably to the opinion of Lord Kesvost. A motion was made for a new trial, upon the gttund that this calculation was erroneous. The cafe has been before the Court for a twelvemonth, and now Mr. Juftice LAWRENCE delivered the non of Mr. Jutlice GROSE, who, from indifpofi uon, was prevented from attending, and his own, (my LORD Cater Jurrics being Counfel in tin caufe, took no fhare): they concurred in Clinkinl that the principle on which Mr. Oliphant made hi calculation, was erroneous in this cafe, for whir reafon the Court ordered a new This decifion governed the cafe of Johnfon am Thompfon, in which a new trial was therefore ordered. [Toni over, I li-A n, he lg Its :h Id .e, rr„,