Star. — London, England, 1802-01-27 00:00:00

JAN. s 6. This day arrived the, Ann, Capt. RIDLEY, No. rsa, it tranfport, front Gibraltar, having on board force of the Guards. She left Gibraltar on the rft of January, in corn. pay with his Majelly's Chips UL YSSES an d D ia - D..m. Arrived the True Elizabeth, Capt. Ac timers, from Gyon, laden With nuts, bound to London. Arrived from the Downs the Chip Au rora, Capt. M , GH ta, bound to Africa. Yefterday arrived the George (of Hull) Capt. BOYLE, from the Downs, bound to Lilbon. This day failed his Majefty's fhip MINOTAUR for the Eaftward, and the CAEYSEOILT on a cruife.—Wind Rill unfair for the outward-bound. His Majefly's fhip ATLAS, of 98 guns, was paid this day DEAL, JAN. VS.—Arrived and failed for the River the Juno, MILL Ea, from Charlellown ; and , Lady Andover, HAMMY, from Jamaica.—Wind S. S. W. GRAVESEND, JANUARY 26.—Palled by SKELTON CASTLE, JAcosras ; TRATEES, SANDERS, and the MELYtLLI CASTLE, LAME, from Bombay ; ROYALIST, WALTON, and COUNTESS of SUTHER LAND, EciaLEsTon, from Bengal; Hannah, from Lam ; Virtuous Grace, CARL ton, from Virginia ; Richard, FORTS, from Deinerara ; Stranger, RAtcLirTE, and Atlantic. ByLLNAms, from Jamaica • Uriana, BRYSON, and Joh n an d 'Ann, --s fr om Surinam.—Sailed the ALNwtc R CASTLE, PRESCOTT, for India; and Suffrow C a . tharina, s--, for Dunkirk. Darrztc, bac. 29.--Sehlom have fo puny forms been fees in the Baltic as in the courfe of this Autumn. Among the !rads IoR is the Blen heim, belonting to hi:POLLY, a merchaht of this city. the Captain and part of the crew were *owned. A Captain of Auftrian Hutrars, and Count SAMr Q ntrrtr, who was on his way from London to join his regiment in Gallicia, were on board this veffel. During arty hours he was tolled about by the waves, on a piece of the snag, till be at length received affiftante near Stol-' pern, and was dragged on &ore ; by his prefence of mind he raved a child of eleven years of age, who had nothing but his hands out of water, and whom he carried with him on the mak. HALIFAX, NOVA Scotia, Dac. la.—By a (mall fehooner, which arrived here on Tuefday lafi, from Yarmouth, we learn, that the brig Induftry, Capt. Marra aws, which failed from this port a few weeks fince, bound for St. John, N. B. unfor tunately caught fire, and was confumed, n e a r t h e mouth of the Bay of Fundy. Betides the Captain and crew, there were on board the Indnftry, Mrs. BRADLEY, wife of Mr. Larger BRADLEY, of St. Join, three children and livetal feamen, intended for 'another velrel-•- twentrfour perfons in all ; who, finding it impof iible to extingmfit the flames, were compelled to quit the veto, and betake themfelves to her bo a t, with one barrel of bifcuit : 4 ..nd a keg of rum. In this forlorn fituatiotr, they made Mount-De• fort on the third day, and tittered thtmfelves that they should reach the fhore, but a heavy gale com ing on, drove them quite acrofs the Bay; and, not until five days after, the boat was driven on (hors at the Tutkets.—During this time, Mrs. Baanitr, her three children, the mate and fourteen feamen reigld with fatigue, cold, "'aid hunger—the bread e untortunately waited away on the fecond day after leaving the brig. captain MATTHews t, and the four furviving fea men, were carried to Yarmouth ; where, we are told, they received every attention froth 1)r. Boa D, and the humane inhabitants of that town. The above are all the authentic particulars we have been able to obtain of this truly melancholy and &buffing circumftance. At MbiorpaGood Intent, Redman, from London. At fieville=ivSufannak, Tonna, froth London. At Lidos—rntran and Polly, —, and Neptunua, from Pods; Brutus, and Hazard, Laadfek, from Riga Amu, Haerty, from Nekcaftle; kik, Boas, from Nothresd had ; and Teo. Cobb, from London. At Oportoa-Orpban, Sidlthe, from London. At Cadisd—Esgfe, Smith, from Falmouth. At bovei—Virtuoua Grace, Carlton, from Virginia ; Lively, madStinager, Radcliffe.. from Jamaica. At Dattnioadi+-Betfcy, Cook, from Newfoundland. At Clyde—Mercury, Bulk from Charlet/on; Mary, Hi ckok from Nevo:York ; aid Margaret, Mdkn, from illeir foondland At Ncwrra-Nattcy. Le*eft, front Londott. At Gaol-sp.—Pear, Olashto, from LondoM It is with pleafure we Rate the fafe arrival orthe FLY flo_op of war, Capt. Duval., at Antigua, for whore fafety very conliderable apprehenfiont were entertained. The brig Lovell, froth Waterford, with butter, which was reported to have foundered in the Downs, has been picked up at fea by two Bois logne boats, and carried into Calais: On the s ith of December, being off jerentie, the Atcauseatts frigate (poke the Sans Pireil, an Englifh trader, front Port-an-Prince, bound to King Ron , and arnt from her Mailer, that Moth, who headed the late revoh in St. D omingo, had been tried by the Military Tribunal, found guilty of infurreition againfi that Government, and had been blown from the mouth of a cannon; that Toufraiot had laid a duty of so per cent. on all exports, and that his Treafury was fuppofed to be very rich. Previous to the A stauseant's leaving Port Roy. a!, accounts bad been received of the lots of his Maj t fly's (loop Bon ILTT A on the Jardins,near Cubz The crew were all Lived, and carried into the liavannah. In confequence of the addition of the (hips Atunswicit and Nstrose to the lift of thofe en gaged by the Eaft-India Company to proceed to India and China this feafon, the number of regu lar fhips amounts to 27 ; of which is arc of the barthen of more than 1200 tons. Nine fail of veils went•to fca the 4th inf. froth Smith Shields; the neat day a tale came on which drove them all on lhorc upon Seato.:Sands; three of them will be wrecked, the °theta are es peßed to be got of. The Heart of Oak, from London to Sun derland ; the !loop Miami: of Bridling= ; and A !loop with coals, were l oft in the gale the alit inq. near Scarborough ; feveral collien have loft Anchors and cables on that emit. The Atlantic, &wean, ;ti-rived in the Downs from Jamaica, (poke in lit. 42. 21. tong. 39. M. ; the &nal'bridge, WAY, from Newfound:and ti Leghorn, out 12 days. The MILVILLZ CILITLIP from Bomb a y, with reveral WeR Endiamen, Wave loft anchors and cables in Margate Roads. A brig, from Virginia to Liverponl,*out eleven weeks, put into Lochendat the 17th infant. ' The Jeruilia, Mllll iv, from Charledon to Lon. don, is put into Cherbourg, in guar diftrefs, after throwin part of her cargo ov er b oar d. The J ohn and Edward, Moaaisost, and the Three riends, Comte, from DungarVan to Dub lin, are on Ihore on Six Mill Point, near Dublin. The New Fair Trader, —, from Antigua, was drove on (Lore at Dublin, the a ill initatit.— Cargo is expeaed to be fared. The Adventtre, Srserox, from Dublin to Wicklow, foubdered at her anchOrs. Crew drownet The Planter's Reward, Duna, of Alloa, bound to Berwick, foundered off Eycmouth the 16th inft. The Indefatigable, and fix other 'tire's, at on fhore at Pa'rtgate, The Minerva, Lyme, *from Grenida to Gree ne:wit, is wrecked on the eoaft of Wal es . The New Century, from Boflon, is on fhore at Hoylake. The United States, MADIS, from Banff to Of tend, is loft on the Flemith Banks near Offend. The Floriffastt, floox, from Dantzig to Li- Verpool, that got on Sandwich Flats about a month fince, was burnt there on Thurfday laft. The Thomas and Alice, —, from Blyth, is on fhore on the Herd Sand, near Shields. The Naffau, NETTLIS, from Jamaica to Lon don, h tOtally loft near Boulogne.—Nine of the crew drowned. The Peggy, a Greenock, from Cork to Liver , pool, is funk at Liverpool.—Only one tnan faved. The Perfeverance, Buitwooo, from Southwold to Hull, found er ed at fea the 26th ult.—Crew faved. The Omnibus s Cmizsturs, from Itetterdam to Leghorn was log on the 4th inft. near Calais. The Sachem, STOVER, from Virginia to Dub lin, is wrecked near Holyhead. Alfo a Pruffian galliot, with gin, name unknown. The Eliza, Limits, from Martinique to Lon don, is put back to St. Thomas's, leaky. The Patience, DK ENSON, from St. Vincent's tn Dublin, was (poke with on the :td D&ember, all well. The brig Adler, CONRATZ, that went on (bore, Bth inf., at Salttleet, got off on the igth, and is arrived at Hull. The Frances Ann, HAIMISON, from Belfaft to Liverpool, is 101 l near the litter poi t. The Anna Maria, Wavaths, from St. Croix, Ad three other vat's, are drove On Ihore in King Road, Briaol Channel. LAMINTALLIGENeE. • COURT OF KINO's-BENCH, JAN. A. Mr. GARROW aid, he was to make a Motion which Lord Klnvow had frequently exprelfed a with to hear, and which anoth er o f the Learned, Judges had occafion alfo particularly to obferve was much to be walled for in cohlequence of the negligence of thofe who had the care of feveral Caufes of late in Surrey. It often happened that the Judge appeared upon the Bench, the Jury (worn in a Court of Juaice, the titles of Caufes called on, but none of the Parties who had the conduct of thefe Carafes appeared, fo that they ware (truck out. This Lord Ramiro)/ had often conlidered as a grievous matter of complaint for the Parties, and that a Motion againft thofe who were guilty of fuch negligence, ought to 1k fivour ably received. Mr. GARRO*faid he had an ex emplary inftance now to bring before the Court, againft an Attorney, whore name we Mill forbear to ftate until after he (ball have au opportnnity of Sewing Cattle, the particulais of which he (fated, charging this Attorney with having undertaken to be ready for a trial, but when the Cauh was called on, the Attorney was not there, not had he in &tilted Courifel. It charged him alfo with hav ing made out an account of fubpeenas whic 4 h he had never itthed. The Motion therefore was for a Rule to (heW caufe why this Gentkman Mould not pay all the parties the tolls which they had in curred in thefe proceedings, and that the Attorney may anfwer the matters of the Affidavit, and at tend the Court in perfon at the time of (hewing Cattle. Mr. 'office GaosE Paid, that Mr. GA REOW ended Where he thought he should have begun:—.The Rule should be granted to thew Caufe. Suppofing the cafe to be as Rated in the nffidavit, it was very fit for the Court to examine. The Motion was a very proper one. As to what had been Paid upon what took place lately in Surrey, it was certainly true that great negligence appeared before him, either in the Witnefies or Attornies, or, perhaps both, the effe.ft of which was moft inconvenient to the parties, and deferved great reprehettlion. Rule to thew Caufe granted. KIRTiORAII. Mr. CLARK moved that the perfonat attendance of a Mr. Bottom who had been found guilty of an affault at Alnwick, in Northumberland, might be difpenfed with. The indiftment upbn which he bad been found guilty bad been removed by Cer tiorari from the Quarter Seffions to the Court of King's Bench. The Defendant was fixty.three years of age, had fatisfied the Profecutor to his cob, and therefore *Med to avoid the inconve nience of coming from fuch a diftance to appear in Court. Mr. Juftice Gaol hid the praaice of removing indiaments from the SetGons to the King's gench *as frequently attended with great inconvenience, and had long been complained of, and he wifhed it remedied. He Could fee no reafon fbt allowing private Profecutots, except where the intereft of the Crown was concerned, to remove indiaments by Certiorari. It was not for the Court to depart from the praaice, but certainly it Was a molt grievous evil.—. The Prayet of the Motion was granted. AW*VI TirtZh Mr. Gists Mewed catife again( a Rule foe fet ring :Wide an annuity o f (Joh granted by Ann Do loth), Sturt to the Rev. Mr. Mitchell, ior the rum of Gool. The objections to the annuity were, ft tit, that the cnnfidcration was Itated in the memorial to have been paid in moncv, when in point of fat(, tool. had been paid by a cheque on a Banker ; fe condly, that Mr. Mitchell had not purchafed the annuity for himfelf, but in truft for his daughter ; and thirdly, that the freehold premifes upon which the annuity *as fecured did not amount to the yearly value of the annuity. The Counkl argued in Cu /von of the Rule, who failed in making out any one of the objeaions.— It appeared that the cheque was given, and the money received a month prior to the deeds being ligned ; that the premifes were of the yearly va lue of tool.; and that Mr. Mitchell had only Rated in a letter that the annuity belonged to his infant daughter, in order to induce the grantor to pay the arrears due upon it.—The Court difeharged the Rule with Colts. CONTIMPT OF COURT. In the Cafe of an Officer in the Navy who had refitted the Officers of the Sheriff when they catne to arreft one of the Officers on board, and for which a Motion was made for an Attachment agathft him, Mr. Gan Lay, on the part of the Plaintiff faid, that this Gentleman had paid all coils and charges in this bufinefs, fo that the Plaintiff had no objec tion to dropping the purfuit of it, if the Court were fatisfied with the apology which he underflood his Learned Friend, Mr. HOLROYD, was ultimata to make for the Defendant. Mr. jtlitiCC GROSE.--" Well, Mr. HOLLOYD, what have you to fay for your Client ?" Mr.. 140LROM CAW, that his Client had paid all colts and charges in this matter. His conduct, he acknowledged to have been quite improper. He was blame/echo make a fubmiflion to the Court, as had been done to the Adiniralty, and he milled it would be received. Mi. juilice Glost.—gg Ilope this) and other Gentlemen, will take warning by this Cafe, and be convinced that they are not, under any pretence whatever, to rFfifk the procefs of the law, to which all elates of his Majeity's fubjeas mull yield a prompt obedience. If this Motion had been pe,- fined in, the confequences to this Gentleman might have been very ferions." Rule difcharged. CHARACTER OF RAIL. In the courfe of juflification of Bail, in which it was Rated in an affidavit, which was made to oppofe them, that one bf them had lately been dif charged by an Infolvent Aft, and that neither of them was folvent, as the Deponent was informed by Acme of the neighbours of the Bail, &c. The Bail themfelves denied all this, and Avore coil tively to their poffeffing confidetable property in the Funds, &c. This was Rated on the part of the Plaintiff to be a furprize on him, and there fore it was requefled, that time should be given to inquire further into the chara&er of the Bail, but Mr. Jußice GROS. laid, that thofe.who snake inquiry into the charatter of Bail, fhould not take at random what any body might fay to them in the ftreet, and then.come. forward and make affidavit of it, for', by this practice, it much too Frequently happened, that the charallers of men who became bail for their friends, were grievoufly Pandered. Thole who made there enquiries, fhould be cauti• ous of what they (wore to, and take care there was Tome foundation far that which they Rated as in formation froth others. The Learned Judge laid, he difliked exceedingly the affidavit in this tare, and for that reafon would not allow any time for further inquiry upon which the Bail juflified. THE Enid Si. OR. STEVERSON. LunArics.- 7 -This cafe was refpeeting the mo tion made lalt Term, for an Flabeas Corpus to be direEted to Dr. Stevenfon, of Newcaftle. com manding hits) m bring into Cottrt Captain Rogers, lungtic under his care. It h a d be en fliggelled that this unfortunate perfon was by no means in fime, but confined for the fake of his property i— aticl that Dr. Stevenfort had denied his friends accers to hiM. The ATTORNEY GENERAL obferved, that Taft term the Court had ordered this bufinefs to Rand over, in order to be informed whether Dr. Steven fon's hotife was licenfed—wh i tt was the real Rate Of the lunatics health—and what was the fituation and charader of a perfon of the name of Patter ton, who had introduced himfeif to the Court with the addition of M. D. to his name, importing he was a regular Phyfician ? It might be recol leded his handbill or addrcfs to the Public had been produced, in which he confidently Rated he could make the blind fee; the dcalhear, the lame walk, and the dumb fpeak ; in thort. that I.c could reftore every fettle though its tile had been long loft. This Quack DoCtor had made an afficiaTit, by which it appeared he Was rather afhamcd of the pan he had taken in the tranfadion itl qua , don. Aftcr admitting he had Villted the patient by the defire of one Adlam, an Attorney, he added, that he bad taken a place in the machine from Newcaftle to London, and had fcarcc corn- Menced the journey, when he law this Adlam riding on the. out Rde, and Capt. Roge rs w i t h hi m , behaving in a tumultuous and difarderly manner. Adlam defired the people not tb tnind him, as he was only an infane perfon. " Oh ! oh ! is he fo," Paid they, o theft he !hall go no farther with us." The queftion of his expulfion was put to a fum mary vote, and the Majority, or rather the unanithity of voices being againft him , be was tut-bed out without any more ceremony. The Gentleman through whole care he had been con fined contrived to fecure him win; and took him aboard his Chip, but this Lunatic had fenfe enough to watch his opportunity, and call a (culler, with which he got ashore. He Was again fecured, and was now in Town, and in no refped under the controul or coercion of Dr. Stev e nf on , confequent ly it was imp Able for him to make any return to the writ of Habeas Corpus, if it was direded to him. It was neceirary to vindicate Dr. Stevenfon's charafter, to Rate, that Drs. Ingram and Ramfay had vilited the Lunatic at his houfe, and had found him in a very difordtred Rate of 'hind. The Only imputationagainfl Dr. S. if it could be conliderett one, was his refuting to let this nsan, of the mini , . of Adlani, have accefs to him ; he had done o flow a motive of prudence; conceiving that fucl, a vilit would diaurb and irritate him. Mr. Juaice GaosEfaid there was no occafion to go further into the hittory of the Lunatic—the queflion was whether the writ ought to be granted? • Mr. MENstorr obferved, that the Lunatic w no longer under Dr. Stevenfon's care, and theze fore the fubjeet matter of the prefent motion fu: an Habeas Corpus was at an end. The Motion was accordingly difiniffed. INSOLVENT DEBTORS ACT. On a queflion, whether a party, who had been difcharged under the laf Infolvent Debtors Aet, was difcharged only as to his perfon, but his effeets were liable for debts which he owed before that dilcbarge ; or, .whether, on that difcharge, his goods were free as well as his perfon? an argument of confiderablc length took place. The facts are thefe :—The defendant was in debted to the plaintiff in 1798, upon which the plaintiff obtained judgment, but did not charge the defendant in execution. The defendant was dif charged under the late Infolvent Debtors A&.— After this, the plaintiff revived his judgment by &Ire Facia:, without any real notice to the de fendant, and afterwards iffued execution, and le vied upon the goods of the defendant—who now contends, that this execution was a bad one, for that both his goods and his perfon were difcharged by virtue of this Infolvent The plaintiff contended, that the execution was a legal execution in this cafe, for that the Infolvent Debtors Aft difcharged only the perfon of the de fendant from the effe& of his debts at the time of his difcharge, but that his goods were liable to the payment of his debts. Mr. Grass contended, that the execution was a good one, and he faid, that although it was not always an eafy thing to find fenfe in every claufe of an Infolvent Debtors Aft, yet it would be pretty extraordinary if the Legiflature had put thole who purfued legal diligence for the recovery of their debts, in a worfe fltuation than thofe who had neglefted their rights, and had not purfued them at all, which would be the cafe, if this was a bad execution, fince it was clear that this plaintiff would have been entitled to iffue out an execution againft the goods of this defendant, if he had not purfued any meafure for the recovery of the debt before the defendant was difcharged. Mr. DAMPIER, on the other fide, contended, that this was a cafe in which the plaintiff had no merit in his diligence, for the judgment was figned in 1798, and revived byfiire fi 41 and fecund, returned nail, behind the back of the defendant, , but by which the judgment was revived, a thing labfolutely indifpenfable wheh the judgment be came above a year old; and after the defendant Was difcharged by the aft, his goods were, on a fudden, taken ih execution. It WAS true he might be let in to plead, and put this queftion in Wile; but to be let in to plead without a reiloration of the goods upon which the execution was levied, was a hard meafure, for, by this ftep,the defendant had been for a fecond time, abfolutely, as he fwore, reduced to beggary. He contended, that the laik Aft for the difcharge of Infolvent Debtors, upon the fair conftruaion of it, tnynt, that when any man had the benefit of it, he was not only dif charged in his perfon, but every aftion, like the prefent, purfuedagainft him, before his difcharge, was likewife at an end ; fo that neither his effeds nor his perfon could be agaih taken in execution for any fuch :talons before his difcharge. Mr. Jutlice Geost faid, it teemed to him that the belt way to meet the juftice of this cafe, was tb let the defendant in to plead, if he should be fo advifed, not to order the plaintiff to reftore the goods, for that he trout dt, and a good deal more, if the iffue fhould be found againffhim. The Learned Judge faid, he did not pretend to be tho.. roughly poffetted of the meaning of the Legiflatore in every claufe of this Aft of Parliament, but he had been concerned in the difcharges of many fort, Toners under thein, and he had always underftood that the peribn alone was difcharged by them,but that the effeas were liable; how ever, the defendant (hould have an opporrtmity of pleading in this cafe, if lie Ihould be fo advifed, and that would draw the whole queltioft into difcutLon. COURT OF COMMON PLEAS, JAN. 26. HARRIS V. LEUTHWAITE. It appeared that an a,grcement had been made lietween the Plaintiff and Captain Leuthwaite, de. ceakci, to whom theDetendant WasExeeutor, that the deceafed should take out to the Mediterranean certain goods boiliffit by ,the Plaintiff, which the former was to fell to the belt advantage, and was to (Imre the profit with the Plaintiff. Goods ahich had been purchased by the Plaintiff to the amount of taco!. were (hipped on this account on board the veffel commanded by Captain Leuthwaite.— Upon Captain Leuthwai te ' s return to P orr f mout h , after completing his voyage, the Plaintiff fent down a perfon to hith, to whom the Captain ad mitted that he had fold a part of the goods, and Paid, he would very (Portly pay the Plaintiff what was due to him out of the money he had received on account of the goods, and g i ve himthe account of the whole ; but the next day he was taken ill, and died in a Veil , few days afterwards. This Aaion was brought againft the Defendant as Executor of Captain Leuthwaite, to recover the value of the goods. It appeared, however, that the Vail in queftion was the Ifabella tra.niport, hired by Government, and employed in the tranf. port fervice, Which Leuthwaite the deceafed com manded, and that part of the goods in queltion were aanally put on board as flues ftorcs. One of the Owners of the Tranfport Rated, that the veffel was entirely let to Government, and that according to the rules of the Tranfport Service, the Commander could not take out in her any goods whatever fur the purpofe of felling them. Lord ALVA SILE y being clearly of opinion that the whole tranfaaion was clandeftine and illegal, :tied that the Plaintiff had therefore no right to re cover, the Plaintiff'3 Cotrofel contented to a no". fuita