Star. — London, England, 1802-11-20 00:00:00

rbateref indt:e t to eve information in the lands —So help me GOD." We annex an accurate lift of the names of the „dons who have been apprehended, and the Pri ions i i n w hi c h they are confined : nwcArt Edward Marcus Dcfpard. New PRISON, CLERICRWSPERR: is Edward Ruffell thonalFrainacckfon, alias Phillips James Price pani.M . Gra e William Lander. Dams Broughton TOTNILL-TIELDS BRIDRWILL : CV:cid John Doyle Tome Caner Abraham Bally Newman Solomon Chatlon •otia Connelly Lawrence Sheridan 4 oc s Scdpvick Wrattca Charles Michael O'Neil oats DI George Wade e ph Blake Samuel Smith t o t Via cot John Emblin eta pollard Charles M'Cooty Byrne, alias John Jofeph Wheeler D a n bert Charles Pcndle It a ppearing that this alarming combiaation had agents in different parts of the country, particu larly in the manufacturing towns, meffengers have ' b ee n clifpatched to the Magiftrates of thefe places, with initrudions to take the fpeedial and moil effeaual rneafures to make every poffible difcovery 'dative to the fubjed. The foldiers who were apprehended by Serjeant EARCEY yefferday morning in the Tower and in the Park, were ordered to be kept prifoners in the Guard-houfe during the night. BRIGHTON, A 017.18. The PRINCE'S harriers threw off yefterday near Portilade Windmill. The field was very indiffe rently attended, and the weather too damp and topleafant to afford any thing but mud fplafhed b o ots wet jackets, and indifferent fport. The charitable donations and willing affillance which Mrs. Fivzirtassav has, and continues to b e ll o w on the unfortunate individuals of this place, has justly endeared her to the inhabitants of every defcription. The Elizabeth and Margaret packet, with nine tailingers, among whom was Capt. ARBUTHNOT, failed Tor Dieppe at fa P. M. on Tuefday. The Lark packet, with 16 paffengers, arrived at four P. M. yefierday. Sir RICHARD and Lady HERON are expeaed about the latter end of the enfuing week, for the Whole of the winter. Arriials—Mrs. Delaney, Mr. Harvey, Mr. &holey, from (Upham Common, and Mr. Stewart Wortley. Departures—Mr. Evans, Capt. Twaddle, and Mr. Smith. NEAT!!, NOV. it. All Mr. Barnes hopes of afcending into the serial regions are, I believe, now at an end. A few Gentlemen of Neath and the neighbour hood would have afforded him the neceffary means to Make another attempt ; but the completion of their purpofe was fruftrated by the intervention Of his creditors from Swanfea, who took away the balloon from him ; but not without &ft breaking a lock, and overpowering Mr. B. And his fervant inahard ftreggle. Thishappenedlaft Monday. Poor Eirret had not A fhilling wherewith to blefi him felf. Tuefday he was driven by neceffiry, qua heti is Mkt," to imitate the paffions; the tailor, the tobler, &c. The latter he very well perfoni fled in the recitation of feveral fele& fpeeches. In his prefent dittrefs, by fome he is condemned, titled by many, tompaffionated but by a few. NAUTICAL INTELLIGENCE. i)ORTSMOUTH NOVEMBER 19 . ; Sailed the Rambler loop of war, to the weftwatd. PLYMOUTH, NOVEMBER il3. Alvivel the Sally, Rowe, from the South Seas ; Fanny, Aelt %tad,from Cbarantc ; indnftry, the Eliza, Calthneth,from Waterfotd; and the Pigna, (Ainaican thip),CoUrtt, which ex plicated dreadful weather on her image, and nipped tome very heavy teas; one tea in particular overwhelisted her, adindly tore out the ring bolts on the deck , knocked part of the crew down, an." finve in all the boats on deck; but the loon righted, and arriving haefafe,ran up Hamoase to refit. She has on board two very fine young Lion Tiger+, a huffed Sea Devil, a molt hideous animal, and one of the curious little animals called the Arinadills, a native of the Brazils. LIVERPOOL, NOVEMBER The Risk in June, Stroud, from hence, was loft neat Genoa 30th Oefober. Crew and part of the cargo [avid. Arrived--The Felicity, Read, from hence at Alexandria. The Antwerp, Dickinfon, from hence at Madeira. The Rachael, Minn ; and Kilberry, Dougal, from hence It Cada The Friendlhip, Conolly ; and Sally, Mitchell, from hence Lifbon. The Raeehorte, Watfon, from hence at Genoa. The Uranus, I eilman, from hence at Pillau. The Dumfries, Gibfon, from hence at Dumfries. The Bon Menage, Britin, from Norforlk at Nantz, leaky. The Welly and Mary, Williams, from hence at Etiftol. The Flying Filh, Miller, from hence at Whitby. FROM LLOYD'. LIST. NAL, NOVIMIIII 19.plaCtrliiin in the Downs the thits as per laft.--Wind E. S. E. GRATZSIND, Novelist t a 19. chant, by the Baltic Mer dant, Todd, from Riga; Thalia, ---- •' Maria, —; may, Ration ; Mentor, Stephenfoo ; Heart of Oak, Webfter ; Sifters, Fanny, Traveller, —; and Argus, Johnfon, from FerterfburghoLSailed the Str J . B. Warren, Lea, for Madeira; Cofmopolite, Spark, for Leghorn ; Rover, —, for I Rotterdam; La Pain, —,for Rouen; and the Johanna Do: vothea,•--., for Amfterdam. ARRIVED • At Hull, Milton, Ctow, from Stockholm; Sally, Hale wood, from Dantric ; Lord Harrington, from Konningf burgh; Nelly, Reid; Anna, Watfon ; Norona, Carter; John. and Sarah, Daggett; Britlib Union, —; Woodhoufe, Whar ton; Venus, Burton ; Mary Frances, Burney; and Fame, Minnett, from Peterfburgh.----In Yarmouth Roads, Traveller, Harrifon, from Peteriburgh.—At Cork, Union, Cornforth, from Dantzic—At Leghorn Lifter, Baker, from Newfound. land,—At Naples, Robert and Sarah, Wilfoa, from London. The Diana, Rolof,from Chrifilanfand,and bound to Havre de-Grace, with deals, iron, and tar, is put Into Yarmouth Row* with damage, having been on a land. The Mailer, Cowham, from Peterfburgh, is on fhore near Cullum, on the emit of Sweden, but expeeted to be got off. The juftitia, Zeßale, from Began to Trifle, is loft at Beer haven, two of the crew drowned. Tbc Apollo, Tode, from Petedburgh. to Havre, is carried into Margate by a bat's crew, havilig been on the (ands. Captain Barron, of the William, arrived at Dundee from ChrUtianfand, report, that the Mary, Henderfon, of Duadce and the Diana, of Aberdeen, are loft on the eoaft of Norway, at Get Waal fair NS* an oo Charsea thatcodi. lA* IN? BLLIGINIth. COURT OF COMMON PLEAS;NOV. x 6. Rooks V. LLOYD. This was an action for board and lodging, pro vided to defendant's coachman. Mr. Serjeant SKEPHIRD faid, that the debt de- manded was exceedingly (mall, only 21. t 2S. and yet he fhould find tome difficulty in proving it, unlefs the trialwas fufpended till the arrival of a material witnefs. Mr. Serjeant BAIL!? replied, there was no oc cafion to poapone the trial, as he was ready to admit the debt, as his defence was that of infancy; and he meant to Phew that the defendant was under age at the time he contrafted the debt; and as the plaintiff had not Rated in the declaration that it was for neceffaries, by the law of the land it could not be recovered. Mr. Serjeant SHEPHERD obferved, that if infancy was meant to be fet up in defence, he did not know where to find language to exprefs his in dignation: The defendant was a young man juft returned from College, the fon of a man of confi derable wealth, who was alfo a Reprefentative in Parliament, and of the firft repute in the county of Stafford. The young gentleman, who had pleaded infancy to avoid the payment of 21. r as. though it had been expended in fupport of his coachman, did not mine. giving a thoufand pounds for a race-horfe. The Learned Counfel was proceeding, when Lord ALVANLIT remarked, that whatever were the merits of the cafe, the queftion before the Court was a dry queftion of fait ; was the defendant an infant at the time the debt was contraaed, or was he not it was only neceffary to prove that. There was no occafion to Rate matters for the fake of filling the Newfpapers ; they could not alter the law. Let the public attend to this. Mr. Serjeant SHEPHERD bowed to the Judge, and the proof of the defendant being under age, devolved on the mother of Mr. Lloyd, who Rated, that the was brought to bed of her fon Francis, the defendant in the prefent aaion, the r ith of June, 1781 ; that the lay in at the houfe of Sir John' Wrottefley, at Shiffnal, in Staffordfhire, and that the defendant was baptifed at the Rarith ofPirton, ' in s the fame county. Another wrinef was ltexa mined, who depofed as to her bung prefent at the birth. Tb,e debt was then proved to have been contrac ted in the month 9f February in the prefent year, five months before the defendant came of age, confequently a nonfuit was entered. • way. 19.•-mILINT 9. MUSEUM/. This was an aaion brought by the plaintiff to recover the fun of 751. being the value of goods tranfmitted to the Defendant. Kent, the plaintiff in this aaion, is a wholefale fpunge dealer in the city. Hulkinfon, the defen dant, a fadler and retailer of fpunge in the coun try. It appeared from the evidence, that the de fendant, on the 15th of Oaober 1801, had given a verbal order to the plaintiff for a quantity of fpunge to the value of feventy-five pounds fterling, which the plaintiff tranfmitted accordingly. The price of the heft fpunge was then, and is Rill, t is, per pound, and the evidefice adduced by the plain tiff went to prove that this was an equitable and fair price for the fpunge in queftion. The defen dant received the fpunge, and having kept it for fame days, fent it back again to the plaintiff, with a letter, Rating that the article was not of the quality he had ordered, that he had requefted two friends of his, who were in every refpeft compe tent judges, to examine it, and that they had de clared, that it was not worth more than fix fhil lings per pound ; that the goods did not therefore fait his purpofe ; and that confequently he had , returned them to the plaintiff. It was contended, on the part of the defendant, that as there was no . written contra&or engagement between the parties, nor any evidence that the goods had been accept ed by the buyer, the bargain 4 , by the Statute of Frauds" could not be valid in law. On the other hand, the Counfel for the plaintiff contended, that the goods having been received and kept for fome days in the houfe of the defendant, was a proof of acceptance on his part. The Learned Judge re plied, that the defendant's letter was a proof, that though he had received the goods he had not m elted them. The Court therefore nonfuited the plaintiff.—Verdia for defendant. THOMSON V. HARDING. This was an aaion for the recovery of a debt due to the plaintiff from the defendant, who had become bail for one of the plaintiff's debtors. The defendant had agreed that, nnlefs the Paid debtor rendered himfelf up to the cuttody before or at a particular time fpecified, he, the defendant, would become liable for the debt. It appeared in evi dence, that the debtor had delivered himfelf up to cuftody within the limited time, but that no regu lar notice of this circumftance had been fent to the plaintiff, who, on this account, thought himfelf authorifed to proceed againft the defendant, as if no fuch delivery had been made en the part of the debtor. It was proved that the plaintiff in fad did know from converfation with the Sheriff and his Officers, that his debtor had rendered himfelf up to cultody ; but he contended that, in a Court of Law, this ought to be confidered as nothing, whatever it might be in a Court of Equity. The Court were of opinion, that the defendant was liable for the debt ; for though the plaintiff knew that his debtor was in cuftocly, no regular notice in writing was ferved. Were it once ad mitted, that in a cafe of this kind, a mere curfory converfation was fufficient notice, a door would be opened for innumerable frauds and perjuries about what was and what was not proper informa tion. The Court accordingly allowed the validity of the plaintiff's plea, and nonfuited the defen dant. This decifiun is of confiderable importance, as it confirms the rule, that, in the event of a debtor rendering himfelf to cultody, it is not enough that the creditor may have fome acci dental information of this circutaaace; that lefs regular notice in writing be given to the cre- , ditor, be may proceed aria the bail, as if the' debtor had not been in cuftody.—Verdia for the plaintiff. rr --►-a , . . . COURT OP EXCHEQUER, GUILDHALL, WEST MINSTER, NOVEMBER 20. This day the long-conteiled caure, Patton v. Parton, was decided before the Loan CHIEF Baton, when verdicts were takes by content, al lowing the Defendant 600 guineas, and each party pay their own coils. COURT OF KING's BENCH, NOV. s 9. OUTRAN V. JdOORE. This was a demurrer on a plea. The action was originally in trefpafs, and the circumftances were as follow :—The plaintiff was owner of cer tain lands lin Derbyfhire, upon which there were confiderable coal-mines ; the defendant claimed the property of thofe coal-mines from the original conveyances. It appeared that in the reign of, Queen Elizabeth, the land and the mines belonged to Sir John Zouch : he firft conveyed the land to thofe, under whom the plaintiff claims (exprefsly, referring to himfelf and his heirs, the mines and minerals which might be thereon). This referva lion was very natural in a country like Derbyfhire, which abounded in mines and minerals ; after wards he conveyed to other perfons (from whom the defendant claims) all the mines and minerals fo referred. The defendant had enjoyed under this title for Tome confiderable time, when the plaintiff brought an action of trefpafs againft him, and bad a verdiCt. The defendant HI enjoyed the ufe of thefe coal-mines, till a fecond action of trefpafs was brought. He then pleadat his title under the conveyance of Sir John Zouch (in Queen Elizabeth's time) to thofe mines and mi nerals, fo exprefsly referred by Sir John Zouch in his firft conveyance of the land. To this plea the plaintiff demurred, on the ground that it was not competent to the defendant, after verdiet againft him, to plead upon the record a title which had been difproved by the finding of a Jury. Mr. ERSKINE fupported the plea on the follow ing ground :—He admitted, that in poffeffory or perfonal actions for the recovery of a chattel, the finding of a jury might either be given as conclu five evidence in a fecond trial, or might be pleaded as an ffloppal • for it had been for a long time the fettled law, that in perfonal Aims, the finding of a Jury put an end to the controvert) , ; but he con tended, that in actions like this (which affected the realty and the molt valuable incidents of the free hold) the law would not !Wier a verdidt in a mere poffeffory action to bar the right. An action for trefpafs was merely a poffeffory action. If , the verdict could operate as an jloppal, there was an end of that favour which the law profeft to fhew to actions which favoured of the realty; there was no form of real action to which his client could have recourfe, in which it would not be neceffary to fet forth his title in the pleadings: he had no other title but that which was fo derived from the conveyance of Sir John Zouch • if then it was de termined that he muff not fet forth that title, be caufe a Jury had once found againft it, it followed that he had no defence left, nor could he fopport any form of action, real or otherwife, for he had no other title but what he had fet out in his firft plea, namely, the exprefs refervation of the mines by Sir John Zouch. In the trial of the ACtion of Trefpafs, the Jury had found againft his title ; but Willis finding was judged conclufive, it would put an end to that fa- I vourable diftinCtion which had hitherto been made between a mere perfonal chattel and that which favoured of the realty. The Learned Connfel then cited the opinion of Lord Coke, Bth Reports, where that Learned Judge exprefsly mentions, that pof glory - actions determine nothing reOntling the [ reality, and never have an end. Mr. Erfkine here obferved, that on this poffeffory a&ion, he faw the end before he faw the beginning, if it should be held that averdiet againft him on the title eaopped him from ever again fetting forth that title. He then Rated the opinion delivered by Lord Chief Juftice Holt in the cafe of Ingledon againft Bur gets. Lord Holt lived in a time when the doctrine of Eftoppels was much more familiar than it is at prefent, and yet in R ' xafe, exactly refembling the prefent, he hall much doubt, and chofe to deter mine on another point of the cafe, and leave the queftion of Eftoppel, undecided. Mr. Easztas, from thofe authorities, and alfo from an opinion delivered by Lord Mansfield, fub witted to the Court, that although the verdiCt againft him might be given in evidence on the other fide, petit could not of itfelf deftroy the fuit by afting as an Eftoppel, and therefore that the Demurrer was bad. Mr. Glans, on the other fide, entered at great length into all the cafes which had been hitherto determined on the fubjea : he confeffed that it was a fubjeCt, which, in modern times, Courts had been feldom called upon to decide ; but when they were called upon, they have no other guides but the determinations of Judges who had - preceded them ; he then read a number of cafes, Tome of them bearing date is far back as the reign of Ed ward 111. (reported in the most barbarous Nor man French) to prove, that it has been at all times the fettled law, that a party may not al ledge in his pleadings any fact which has been dif proved by a Jury. Mr. Dumas fpoke in reply. Lord ELLENBOROUGH faid, that thofe queftions had feldom occurred in modern times, and when the Court was called upon to pronounce the law, they mutt take it frop fources of great antiquity. Whatever might be the impreffion then on the mind of the Court, yet, in a cafe where Lord Holt expreffed a doubt on the law as it flood in his day, the Judges of the prefent time (being farther removed from the age when thofe queftions were much debated) would take Tome time for confideration. SCOTT V. SOAMES. This was an ation upon promifes. To the de claration the Defendant demurred, aligning fpr caufe that he was ftyled Jonathan, othcrwife John Soames, whereas by the Law of the Land no man can hare two Chriftian names at the fame time. —Joinder in Demurrer. Mr. Wave noir argued in fupport of the ob jefftion, and cited a cafe from Willes's Reports. I where thaptantsi Judge had held a declaration., to be bad, that called the Defendant Henry Xing, otherwife Henry Vaughan King.. Lord ELLENBOttOUGH laid, it muft neceffarily appear that this could not by any poilibilitt be the man's name. Now, who can fay that a father might not have his child- chriftened by the clan* of Jonathan, otherwife John ? Titers actually were names much more fanciful. lie Ihould not objet to the cafe in Willes, as the Defendant's fur name was there repeated twice. Here the phrafe was Jonathan, otherwife John Soames—not Jona than Soames, otherwife John Soames.—Judgment for the Plaintiff. CARTER b. BOND. This was an aaion on a bond. The Defendant craved oyer of the condition ; and it appeared. to be, that the Defendant, a member of the Maritime Friendly Society, (Mould every dub night receive the box, holding the Society's money, after It had been locked by the Rewards, fhould keep it faith fully, and thotild return it the next dub night, locked, As when put into his hands. The Defendant pleaded, i. Nen 0 fawn: In the four next counts, that the fociety is eftablithed under the 33d of Geo. 111. cap. 34. by which it is enaaed, that when the direaoreof there focieties go out of office, money, , bills, and every thing tranf ferable, than he made over to their fucceffors ; that at a meeting regularly held, Carter was re moved from being one of the Rewards, and be (the Defendant) appointed in his room, and that till that he had fully performed the condition of the bond. In the fixth count he pleaded, that the box was once delivered to him unlocked by the Rewards ; that he did not know that it was un locked, and• that if any money was ever loft from it, it was on that occafion. There was a general demurrer. Mr.• DAMPIER was going on to (hew that the 2d, 3d, 4th, and sth pleas were bad as a bond, be ing a chofe iK alien, was not transferable, and that the abfurdity might follow of a man fuing upon hi's own bond ; when LOrd ELLENBOROUGM afked him what he had to fay to the left, fuppofing the former pleas to be bad ? Mr. DAMPIER faid, this would have been a good anfwer if he had been charged with refuting to ac cept of the box, as he had bound himfelf only to receive it when locked. But he had accepted it ; and a lofs having happened, he could not thus ex cure himfelf. There would be the greateft dan ger to thefe focieties if, upon an aaion being brought agaitift the box keeper, he could fay that - five years before he had received the box unlocked from the Rewards. At a great diftance of time it would be impoffible to adduce evidence to difprove this agreement. The Court raid that the box being locked was a condition precedent. An anion on the cafe might be brought if the Defendant had negligently loft the money, even when the box was open, but he could not be fued upon the bond. The fociety might take iffue upon the point whether the box was loft, and if it was faid that this happened five years ago, the Jury would be warranted in fur peaing that the defence was a fabrication. The demurrer was over-ruled, but the Plain tiff had leave to amend upon payment of colts, At Halifax fair on Saturday fe'nnight there was an indifferent (hew of cattle ; good faddle honks fold high, and were quickly bought up ; there did not appear to be the fame demand for draught horfes, which were moffly of an inferior defc rip tion. There was a good Phew of pigs, which, to wards the evening, declined in price. At Leeds fair on Monday fe'nnight there was a thin (hew of cattle, which met with a quick fale, and fetched good prices ; but at Wakefield, on the Wednefday following, in confequence of the market being well Rocked, both beafts and (beep were lower. On the 29th of the prefent month the Englifh State Lottery commences Drawing. Three Prizes of Twenty Thoufand Pounds in the prefent Year have been fold by RIC H ARDSON, GOODLUSK, and Co.-48,318, a Whole Ticket, and Nos. 7 tos and 48,752, in Shares. They are alio the only perfons that ever fold'Two Prizes of Thirty Thoufand Pounds in Shares, Nos. '2,807 and 26,883. Tickets l and Shares are on Sale at the Offices, Bank Build- Cornhill, and facing the Gate of the King's Mews, Oharing Crofs,of RICA ARDSON, GOODLUCK, and Co. It has been often remarked, that (Hays are dangerous : this certainly holds good with refped to the purchafe of Lottery Tickets, which, al. though cheaper than they will be before the draw ing, yet are confiderably advanced fince J. JouNsots and Co. &ft recommended an early Purchafe to their numerous Friends. Adventurers will yet do well in buying immediately, as the drawing is at hand, viz. Monday the 29th iuitant. The Tickets, Halves, Fourths, Eighths, and Six teenths are felling in a great variety of choice and feted Numbers, at their Old etiablifhed and for tunate Licenced State Lottery Office, No. 3, Pope's Head Alley, ^.lrnhill, which fo juftly claims a pre-eminence in the favours of Fortune, for felling and (haring Capital Prizes; having in a former Lottery, fold and (hared both the Twenty Thoufand Pound Prizes, drawn on one day, being the only Office that ever did, befides other great Prizes, to an immenfe amount, more particularly expreffed in their Schemes, delivered gratis.— Tickets are catefnlly regitlered, and Money for the Prizes paid on demand. MEDICINE ACT, which took place on Sept. t, 1802.—As by the new aa of Parliament every Medicine of the value of 0. and as high as 9s. I id. is obliged to have a Stamp of t s. value, the fmall bottle of Sri LSE II RY I S DR 0P s Drina be advanced to 6d. therefore, to make it lets burthenfome to fuch people whofe complaint renders it neceffary for them to take more than one bottle, the proprie tors have procured a new bottle, which contains the quantity of two of the fmall ones, the price of whichrwill not exceed 95. and with is. (lamp make it ios. the bottle, the fame as two fmall bottles al ways were ; of courfe, will rive is as the two fmall ones will in future be i is.—N. B. The fmall bottles will be continued as ulual for fuch as do not choofe to purchafe the larger. h et Ar- Rai kich 2rds e ni 01 di I VIA egst!i