Star. — London, England, 1802-11-02 00:00:00

NAUTICAL INTELLIGENCE. PORTSMOUTH, NOVEMBER z. Went out of harbour the DOiIIEGALI. man of it of 8o guns, and BLEW Haltit man of war of guns. FROM LLOYD's LIST. D: Novrmaea L—Casne down the Argo frigate, and Pylades (loop of war, and failed to the weitward.—.Wind N. N. IV- GRAVESEND, Novzms t a T.—Paired by the Adeona, Street ; Zlhyre, Ellerby ; Advice. —; William, —; George, ,urdale; and Fortitude, Miller, from Peteribargh ; Venus, S.uith, from Stralfand ; Curlew, Caitkncfs ; Hope, Cookf o n ; aid the Ganges, from Dante& ; Jacobus, f rom }Lowe; Robert and Sarah, Carman, from the Bay of Rofes; Adriatic Ford, from Lubeck ; Elizabeth, Scarlett, from Lef ton); Olive Branch, Wright; 'and John, Walker, from Ma uga ; Sneed', from Andtarlam; Jane, Reynolds ; and ghe Elizabeth, Ohlers, from Hantbergh.—Sailed the Generous planter, lkatde, for Jamaica; Adelphia, Urquhszt, for Doml pia ; Frieneihip, Durant, for Cork ; San Jofeph, --...,, f or Bilboa; Hope, Tait, for Hamburgh; True Love, Ewan, for Rafe; Vrow MarSarettay Swim ; and the Harmeny, for Anacrdam. In the River—The Nell'', Pixley; and the Moons, Street, from p e a d ad)argh ; Alexander, Longman ' from Archangel; ffa thd al packet, Burmifter ; and Thames , Tudor, from Ham burg', ; Nautilus, Schimer ; ind the Peter Frederick, Ludwig, from remen. off y B armo uth—Paria, Scott, from Peterlbnrgh. Off ff ar b a r a ugh—lris, Mallet, from Peteriburgb. At Liverpool... Cam, Reid, from Oporto. At Dublin Jamaica, from Malaga- At Cork—Mexico, Henderfon, from Cork ; and Robuft, Little, from Jamaica. At Newfoundland—Aurora, Matasean, from Qinbee ; Mi auva, Reid; and Alfred, from New York. GLASGOW TONTINE LIST. WA Craw, is arrived at Liverpool, from Attlee' ; and Coup- Ws of Bate, IMEdlar, at Newfoundland from Liverpool. GREENOCK, OCT. s 6. The brig Swan, HATTRICI, arrived at Trini dad from hence : fpoke a Spanifh fchooner from La Guiana to Cadiz, out 132 days, very short of provifions, and ibpplied her. The Mercury, Ebtrurrox, from Newfoundland, is arrived at Lifbon ; Britannia, Cow.its, from ditto, at Merimichi and Ruth, WAILDIII, .from ditto, at Brian'. - - - The thip Tupper from Quebec to Newfound !and; is loft in Mutton Bay. OCT. 29.--Arrived out—On the t ith Sept. the Concord, GVADIN, at Harbour Grace, Newfound land, from Greenock; Pandota, CALI, at St. toh ape n's, Newfoundland, on 17th Sept. from Sidney, Breton, N. S. ; Chance, M'DoutiaLL, at John's, Newfoundland, in 19 days, from Port Glafgow • Governor, %clam, at St. John's, "Newfoundland, from Bermuda ; St. Andrew's, M'Ewss, at Sc. John's, Newfoundland, from Li verpool, on the' Bth Odober. Pat back here, on. Wednefday, the Helena, &rawAar, which, failed hence for Virginia on Sunday morning, having fprung her mainmaft in a gale of wind the day Ike left this. COPENHAGAN, ObTOBER rg. % o.f _ . Ile Head Pilot, Captain Loavallorou, has canted notice to be given, for the information of all feafariag people, that a Chip without math is funt in this Road, between the Shoals, Middle pulten, and Mi4dlegrunden, and that a buoy has been 14id as a warning in this place, which will remain till the raid - flip than be brought away. HALIFAX, . NOVA SCOTIA, OCT. g. On the 14. th ult. arrived here his Majeßy's (hips GAIIGES,GOLIAII, CUitiFILLAND, PELLIROPHOW, VANGUARD, and Tkasaus, after encountering the moR boißerous weather on their pafrage from Ja maica, in which, I am furry to fay, the GOLIAH bad her fore and mizen malts much injured, and Many of her men killed and wounded by light ning. The other (hips fullained no material d - mage. The fquadron is expeaed to leave us attt: on ale lath init. on their return to Jamaica. Commander in Chief, Sir A. brivrcnst.t., is con fined by a fevcre fit of the goat. The Vlugheid, Cuca.sa, a (muggier, with, gin, is taken by the An IT MYST frigate off the Todhead, and is atriied at Leith, Lieutenant Coteaass Foora, late of his Majef ty's yacht PRINCESS AUGUSTA, is promoted to the rank of Commanders The Storekeeper of Chatham Yard, the Clerk of the Cheque of Sheernefs Yard, and the Clerk of the Rope Yard at Woolwich, were removed from their employments during the late vitiation of the Dock Yards; and the following promotions have taken place in confequence : Mr. Gainer, the Storekeeper of Woolwich, is appointed OA of the Cheque at Shccrnefs. Mr. Burnett, Clerk of the Survey at Woolwich, fuceeeds Mr. Gainer : And Mr. Tyfon, (Lord Nelfee's Secretary), fucceeds Mr. Burnett. Mr. Aubis, Clerk °fete flume:, at Deptford, is appointed ite Storekeeper at Chatham : Mr.Ndfon, (Brother to the Secretary of the Navy Board), Clerk tithe Rope Yard at Portfinouth, fucceeds Mr. Aubin , And Mr. kloffe, (foe or the gallant Capt. Moire who fell it the Battle of Copenhagen), a Clerk in the *f raorport Office, fucceeda Mr. Neifon. And ML Williams. one of the molt efficient Clerks in the Navy Ogee, is appointed Clerk of tte Rope Yard . at Woolwich. We learn by the Antigua Papers, which we have received to the Loh September, that on the evening of Sunday the 29th of August, at a qua: ter before !even o'clock, the inhabitants of St. juhn's experienced one of the moil revere earthquakes ever remembered there. The direaion of it was from North to South, and it increafed in violence to its conclution the (hock of which was fo revere as to threaten ;Am deftinaion to the town. It continued about a minurei The Black General rst.smixe, who commanded a numaoos body of infurgeut naves in Guada• loupe, has capitulated, on condition that himfelf and feventy othischofen followers Ihall be allowed to leave the illand for any place he may think Proper, Govcrament furnithing him with a veliel and dire' moths provitions. • "' . ~ SPORTING INTELLIGEATCE. NEWMARKET THIRD OCTOBER, OR HOUGHTON • MEETING, MONDAY, NOVEMBER i. Fifty Pounds for 2 yr olds, - carrying a feathet, 3 yr olds, 7 11. 5 1. 4 yr olds, P. glb. 5 yr olds, gft. 31b. 6 yr olds, cift. 71b. and aged, gft. tab. Three Taft miles B. C. Mr. Dana Radeliffe's br. h..lacan, 6 yrs old Sir F. Stadia% b. f. Etter to Gouty, 4 yrs old - a Mr. Panton's cb. e. Trombone, 4 yrs old - - 3 Mr. WEEames eh. h. Canterbury, 6 yrs old • 4 14 Sitekvllle's br. b. Expedation, 6 yrs old - s Mr. Heniing's b.h.Parnaffus, 5 yrs old - •' . 6 Mr. It r F r iu'rell's ch e. Northampt o n, 3 y rs old - 7 Mr. oa's eb. g. by Coriander, s yrs old, - Mr. Warders b. e. Harefoot, 3 yrs old, - - dr. Six to I agft Lucan-2 to t agft Sir F. Standifh —4 to i agit Trombone-12 to 1 agft Canterbury . —6 to a agft Expectation. Sir C. Buribury's.Whirligig, Bft. t zlb. beat Mr. Lockley's Hofpitality, 88. 3lb. R.. M. Bogs. h. ft. —Two to 1 on Whirligig. • Mr. Howorth's Andied, sft. 71b. beat Mr. Howard's Tawney, 711. 41b. B. C. toogs. Two to 1 on Anifeed. Mr. Howard's Chippenham, 811. olb. beat Mr. Howorth's Malta, 7R. 51b. D. I. Bogs.—Seven to 2 on Chippenham. Mr. Wardell's Harefoot, Aft. 71b. beat Mr. F. Neale's f. by Driver, 6ft. t tlb. Fira half of Ab. M. 25gs.—Five to 4 on Harefoot. HAMILTON RACES, MONDAY, OCT. as. King's wogs to Caledonian Hunt. Mr. Pletcher's Appkgarth, aged 3 t 1 Duke of Handhou's Little Bob 6yr old z a dr Jot. Wilkinfou's gr. h. Rover, 6yr old - a difL Sweepttakes of five, aogs each, p. p. One two mile heat. Duke of Hamilton's C. by Walnut - I . Mr. Fletcher's Ruler . - • s Mr. Bailie's e. by 6padMe - - 3 A very good heat betwixt the Duke of Hatuil. ton's colt and Ruler. Tuastuky.—Caledonian Hunt, S ot Mr. Fletcher's Driver. . Doke of kkosilton's black mare—.drawn. Driver mould have walked over the Comic, but it was difpenfed with. Hamilton 501. Duke of Hamilton's bay fiUy, ogi of. Ms Pratt Mr. Pleteker's Letbe - - - No (port. I di& WEDNISDAY. Driver walked over the Comte far Ham il ton soL Caledonian Hunt, soh . Lord Montgomery's Imma Rattler diftaaced Lord Archi bald Hamilton's mare Roramoot. - On Tuefday, a farmer from Kilbride patio), riding up from the race gr ound , under the trees of the Duke of HAMILTON s Policy, a branch of one of the trees caught the back part of his head, forced back the fkin to the crown, and in part foaled him. Surgical salience was immediately pro cured, and the &in being replaced on its former fituation, and Bitched,. the man is in a fair way of recovery, but is confined to bed in Hamilton. _ MORPETH, TUESDAY, Oct. it. Fifty Pounds for 3 and 4.yr olds. Mr. Robintoes b. e. Darby, by Mufti, 41r*" I Mr. Wilton's b.f. Jolla, airs old . a a... WIDDI ISDAY.-.101. the gift of Wm. Ord, Efq. for all ages -3 mile heats.—No race. THURSDAY. A Hunter's Sweeptlakes of 5 gs. each, *kl Sol. added, 12(1.-3 mile heats.—Eight Subfcribers.. Lord Strathmore's b. h. Rilby, by Walnut , .1 Col. Ord's g. m. by Cornet, out of Honeft John's dam a a Mr. Jno. Rayne's b. g. Sowerby - ' 3 3 BOROUGHBRIDOE, WEDNESDAY, OCTOBER 20. The Maiden Plate of Sol. for all ages. Two-mile heats. Mr. Walkington's b. m. Friendlefs Fanny, by Afto niflunent, 6 yrs old. Bft. - - x Mr. Wood's bc. by Coriander, 4 yrs old, Bft. alb. s a Mr. W. Fletcher's b. c. Crafty, by Buzzard, 3 yrs old, 7lt• 41b• - - - 3 3 THORSDAY.—The Sol. for 3,4, and 5 yrs old. Mr. Wood's b: c. by Coriander, 4 yrs old, 7 0 - Toll% I I Mr. Kirby's ch. c. Superb, by Ma fi a, 3 yrs old, 6it. 7 1 b. (bolted the firft beat) - - - 3 s Mr,Fleteher's b. c4.Crafty, 3 yrs old, 6ft. - a •3 FRIDAY.—The Sol. for all ages. Three mile heats. Mr. eroft's b. c. Liquorice, by Traveller, 3-yn. 6ft. z db. s i Mr. Wood's b. c. by Coriander, 4-vrs. old, 71t 13 1 b. 3 2 Mr. G. Crompton's ch. f. Rofamond, by Buzzard, 4-772- old, 711. z3lb. - - - Little or no betting on the above Races. 23 ' Wadi lIIME.' Saturday his Majasvy took the diverfion of (tag-hunting for the fiat. time this feafon. They threw off at Afcot Heath ; the flag took his courfe over the Heath to Wingfield Plain, round by Cran bour; to St. Leonard's-hill, Bullock's-hatch, Sprley Hall, Clever, to Spittle, crotted Mr. Streeting's Nurfery in Shut.ftreet, into the Great Pa: komithe long walk, and into Windfor, through Park-thvet to Watmore's, the New Inn, into one of the par lours, into the hall, through the Bar where Mrs. W. was fitting, and into the tap•room, where he took his feat, and was handfomely entertained ; it being market-day a good dinner was provided for the farmers, &c. who live fumptuoufly on that day, and alter taking his refrelhment, he condefcended to go to his Matiefty's (tables.—His Maiarry was attended by Lord HINCHIIIIIIOI6I 9 and many No blemen and Gentlemen, and returned much pleat ed with the day's (port. _ _ The Northern Meeting commenced at Invernefs on the ath ult. and continued as ufual during .the week. The company was numerous and re fpeaable, and the fame chearful harmony which has fo long diftinguithed this Meeting prevailed. The Swaffham Meeting, in confequence of the Meeting of Parliament, begins early Npvember. Two whelps, got by Snowball, are matched there for the Marquis of TOWNWIND, being the MI of his blood that have flatted in Norfolk. Two of the fame blood are this year likewife matched in Northumberland. The bread of hares are reported to be backward, and fcarce every where. On Saturday *morning Burke, the pugilift, ran a race for a wager of 20 guineas, and a rump and dozen, from St. James's Market to Chalk Farm and back ; he was to run it within an hour, and this he performed in 46 minutes. 110 wager was made by twogentlemen ofgreat fixating celebrity: Lill/ no izOcskcE. COURT OF KING'S BENCH, OCT. so). • , NUISKIICK.-THI KING V. LLOYD. Mr. Glass Rated, that this was an indiament for a nuifance. The Defendant was the Proprietor of certain Warm and Cold Baths, in Batnio-court, Newgate-ftreet, and alfo carried on the bufinefs of a Miller. In the Month of April, 180 t, he ereaed a Ream engine, for the double purpofe of filling his baths with water, and working his corn mill. The Ream-engine turned out to be an infuffetable nuifance. The whole neighbourhood felt the effea of it. For the Defendant's purpofe it was necef fary to - keep it conftantly working, and from the great contuinption of coals, there was a prodigious quantity of fmoak iffuing day and night from this furnace. It was not common frnoakof which the neighbourhood complained, though that would have been bad enough, but fuch large flakes of foot fell into the adjacent courts and ftreets, that the inhabitants were obliged to keep their windows flint; their goods were fpoilt, and, in fad; they were prevented carrying on their bufinefs with the fame degree of comfort they had done before the ereaion of the mill ; the fmoak, at times, had the effea of darkening the furrounding atmofphere to fuch a degree that the neighbours were obliged to light candles in the middle of the day. This was not the only efrea of the nuifance—the houfes near , it were (hook to their foundations by the working of the engine, and the wall of the adjoining houfe had aaually been thrown down by the conftant concuffioa it produced. He ihould prove there faas, and no doubt the Jury would find the De fendant Guilty. Several perfons who refided in Bull Head -court, and about Newgate-ftreed, confirmed a great part of what the Learned Counfel had Rated, as to the effea of the fmoak. One of the witnelles faid,. when the wind 'fet in a particular dire&ion, the foot was beat down and covered the ground like firm. On his crofs-examination he admitted the colour was different. It appeared the defcription of the noife produced by the engine had been fome what exaggerated ; it could not be heard beyond the diftance offorty yards ; and the Learned Judge was of opinion that part of the nuifance was of too limited a nature to be confidered as a public one. With regard to the nuifance conftituted by the effea of die fmoak, it was clear the Profecutors were entitled to a verdia ; but upon a fuggeftion that the inconvenience was capable of being re medied, it was referred to a Gentleman at the bar, to confider whether a praaicable remedy could be adopted, in which cafe the engine was to be allow. ed to Rand; but if not, that a verdict fhould be entered againft the Defendant, and the nuifance be abated. OCT. 30CLAIILI AND ANOTHIN. 4. CONIC. This was an staion ,upon two bills of exchange againft the defendant as acceptor, under the fol lowing circurnßinces :—The plaintiffs were bank ers at Liverpool, and a perfon of the name of R. Woodward, having gills of the African Company, depofited them with the defendant Cork, as a fecurity for other Bills, which, be propofed to draw upon Cork, of an equal amount. On the iMt of November Woodward wrote to Cork, faying, that he. had drawn upon him for 10461. at 7o days, and for la at fix weeks, hoping he would have no objeaion*to the time. In anfwer to this, ow-the tsth of November, Cork wrote to Woodward, faying he found the amount correaly tallying.with the African Bill, and that the Bills he had drawn fhonld be duly honoured. The Bills were no otherwife accepted thanhy this letter. Woodward then difcounted there bills with the prefent plain tiffs ; but Wordy afterwards the African bills, which defendant held as fecurity for his accept-, ances to Woodward, were attached in his hands, at the (nit of one Parry. He then wrote to Wood ward, and on the xoth of November Woodward replied, that if the attachment was perfifted in, the defendant mull not accept the bills which he, Woodward, had drawn upon him: The proof of this cafe confifted in the letters above (hied ; and Mr. GAaaow now contended, upon the authority of feveral cafes, that the letter of the ish of No vember was an abfolute acceptance of the bills, and confequently that the defendant, as acceptor, was bound to pay. Mr. ERSLINI and Mr. Glass, on the other fide, contended, that • becaufe the plaintiff had not feen the letter of the 15th November at the time they difcounted the bills, they had no right to recover. To prove this they produced the anfwer in Chancery to a bill filed by defendant againft the plaintiff, for a difcovery; by which he admitted that he did not fee the defendant's letter of the igth of November to Woodward. • Lord ELLE waoaouon Paid, he fincerely wilhed that nothing but an acceptance on the face of a bill fhould be 'deemed valid ; but the cafes were too thong the other way for him to decide that it fhould not. He, however, thought it an objea of fufficient importance for Parliatnentary redrefs, and hoped fome day it would receive confideration in that place. With refpea to the prefent cafe, it was his opinion, that it was an abfolute acceptance; and although the parties, by fome expreffions in their letters did not themfelves feem to think fo, yet that could not alter the law upon the fubjea. After fome confideration between the Counfel, it was agreed, that it fhould be made a fpecial cafe for the future confideration of the Court of King's Bench. HIEBERT ♦ND OTHERS V. DOEIE. Mr. Glass Rated, that this was an aetion upon a policy of infurance on the !hip Wentworth, at and from Jamaica to London. The Chip had for merly belonged to Meffrs. Keeley and Armtirong, but had been affigned in troll to the plaintiff's. The aaion was for a total lofs, with benefit of falvage. The Wentworth failed from this country and arrived at Kingfton, where the unloaded.-- She afterwardi proceeded to Morant, where the wok on board her homeward-bound cargo, and let fail for Europe. She met with that fort of weather which was ufual at the period of the year when the failed, and it was found the made a con fiderahle quantity of water ; the leak increafed, and it became impoffible to purfue her voyage. Shc returned to Kiogßoo, where her cargo was taken out for the purpore of having her examined. It was the opinion of thofe who furveyed her, the was incapable of performing the voyage infured ,• flue %VAS therefore condemned and fold. Many of the Underwriters had paid the (urns they had in lured ; but he underanod the prefent defendant meant to contend the (lip was not fea•worthy. Captain Wentworth raid he failed in the Went worth from this country to Jamaica ; the bad been repaired here ; he raw her in dock ; flie appeared perfect ; the performed the voyage as well as any (hip could do, and delivered her cargo in good condition ; the began to load, and took in the greater part of her cargo at Moral% where the arrived in the month of Augua ; the was tho roughly caulked, and the bends were lidded. On the aoth of February following the 'failed &ten Port Royal; on the afternoon of that day the wit nefs found the made more water than ufual ; he had no reafon before to•think there was any thing defective about the (hip; he returned to Kinetic', and upon examining her, a large rat hole was dif covered under the (larboard bow. It was t)ecei: fury to have her ur4oaded and furveyed, when ft me part of her was found defective, and the was condemned ; he thought the was a fea worthy !hip ; the rat hole was a very large one, and ap peared to have been newly made. On his crofs examination he admitted there was four feet and a half of water in the hold during a light breeze, yet he was of opinion that, debars the rat hole, the might have gone on and performed her voyage.-- Th.: rat might have eat through the &iv all but the breadth of an hair. before they failed, and have finithed it after. From - the appearance of the (hip at the time of the furvey, he was of opinion the could not have gone to Europe without being re paired. If he had known the condition of the !hip he would not have gone to fea in her. Mr. Sims, the Second Mate, gave nearly the," fame kind of teftimony. In his opinion there was no occation for condemning the (hip ; the might have been repaired ; and in fa& the was after wards repaired, and went a voyage to America. He . would not, however, have ventured his life in her if he had known the condition the was in. Mr. Brent, a thipwright, proved that wool. had been laid out on her before the failed from Europe. Mr. Eastroe faid it would give him great fatif faCtion to have thefe quellions of tea worthiners brought under the confideration of the Court, and their limits accurately defined. No one more than the Noble Judge 'on the Bench had knowii the inconvenience anting from the vague and un certain principles at prefent applied to the fubj . eCt. He had no hefitation in laying down this doctr ine, that if a (hip was fairly captured by an enemy, it would be an 'injutlice on the part of the Under writers to evade the lofs by laying her fea-worthi nefs was a condition precedent, and that there were Itome latent defeas in her at the commencement of the rifk, which rendered it impoinbje for the owners to recover. When - the fubjeca came to be confidered by the Judges, or by . Farliarhent, the cafe of fea-worthinefs would, he Wis perfuad ed, be reduced to the queftion now under trial, namely„ that Underwriters , not be called upon to contribute to a lofs not within the perils of the infurance. To take the care of a partial lcifs—fupofe the (hip hacr.nO . defell when 'the failed to Jamaica, but that from the perils of the fea the had become Co . unfea-worthy as to render it neceffary the thould undergo a repair, that would be a repair for which the Underwriters would be anfwerable ; but then it mutt' be {hewn' it was a repair of injuries which could be' afcertained tri have been contraaed within the fcope of the ad; venture ; but if he infured a (hip at and from Ja maica' and it appeared that before the. had ar rived there, the had defeas• which rendered it dangerous for any man to truft himfelf on board, in fuch cafe the Underviriters could not•be charged with a total lofs. He defired the Jury to confitiet what mutt have been the (fate of this (hip before the commencement of the policy. Whin the failed on the eoth of February, the weather was not otherwife than what might be expeeted iii thofe latitudes=there was hardly any thing of a freat breeze, and yet there were four feet and a half of water in her hold—aye, but that might have been occafioned by the rat hole t—it might, or it might not—the rat might have ate all but through before the (hip left Kingtion, and might have finned it after the got to fea. This re minded him of a circumtlance related by Mr. cooper, relative to a bill in Chancery, filed to obtain a difcovery of the caufe of a Chip's unfea worthinefs. The Equity I)raftfman who drew it had propounded thofe queftions—" And that the faid Defendants may anfwer and fet forth *hat number of rats were in the raid (hip, and whether they might not have eat holes in her timbers, and if not, why not ? And whether all, or any, and which of the faid rats had tails, or if not, why not ?" It was thus his friend Mr. Cooper had exercifed his wit in ridiculing the defultory pleadings of Courts of Equity ; but to return to the rat in queftion, it was fo maicious an animal, that it waited till the moment the (hip got to fea, and then faid to .itfelf, " Now I have you—now I'll do for you :" and immediately let about gnawing - this large hole. Clearly he might hay e eat it. Certainly, and if not, why not ? How - ever, peace to the manes of the rat—it was caught and depofited among the rats of the Nile, and ' other extraordinary rats in the Britith Muleum.— He (hould proceed w call the Captains who• had furveyed the vcirel, whole evidence, lie was per fuaded, would decide the caufe. Captain Domett faid, he examined the Chip, in company with three other Captains, and three of the Carpenters of the King's Yard—he found the wales were fo look he could (hike the caulking iron up to the hilt ; when the Chip was unloaded, he picked out pieces from the molt material parts of the (hip, fore and aft, fo rotten that' when he afterwards wrapped them up and put them into a table drawer, they crumbled to a powder ; from his experience, the was not fea worthy, but mutt have been time time decaying. • Three other Captains deposed to the fame effect. The Jury ('aid they were of opinion the (hip was rotten before the left England ; thei , accordingly returned a verdict in favour of the Underwriters- 7