Star. — London, England, 1812-11-27 00:00:00

NAVAL INTELLIGENCA a~ PLYMOUTH, NOVEMBER 298, Arrived the GOLDFINCH sloop of war, in a dis. tressed state, and came into harbour—she was bound. to Basque Roads, and fallirg in with the ROTA fri gate, the usual signals were made, which were mu tually misunderstood: the consequence was, that the i, ROTA chased the GOLDFINCH for 17 hours —the latter'. threw all her guns and boats overboard, cut away her n dors from the bows, and loosened her knees._ Arrived also the Racehorse, Captain Tnoursou, a 1 large vessel of Guernsey, laden with tobacco, from she H aw assals, captured off Scilly by a privateer, vsd recaptured by the RoTA—Captain THOMPSON and family were on board the Racehorse—the rest were carried off in the privateer ; three sail of the t Newfoundland convoy, viz. Mary, Woon, Hope, Domm, and the Daphne, HARRIS ; and a Prussian I b r ig, in five days from Bourdeaux—she was boarded yester day by the French privateer which captured the Racehorse, who put on board 25 English sailors taken in prizes she had made, besides the Racehorse and four others, whose names I have not learnt— ' she captured the ship Mary of and for London, from ' Honduras : this vessel, with six others, were under i conv oy of his Majesty's ship FROLIC, of 18 guns, and i j e ll In with a large American frigate, on which the merchant ships dispersed, and, to favour their escape, ; t h e FaotiC brought the enemy to close action, which I ins maintained for three hours with the greatest vi- (Wing which the frigate lost her main-mast; ore.wp-mast, and latterly the FROLIC was to- 'taffy &masted, and her colours went over the side, • i r i t h hminasts, and,itisfeared, was taken possesion of. PORTSMOUTH, NOVEMBER 27. , Arrived hie Majesty's ship ANTELOPE, SO guns ) Admiral Sir J. T. Ducxwourn , from Newfoundland; Eseoar, 14 5 -Lieut. Caostse, from Guernsey ; also the Mums, 16, Captain Era COURCT, with dispatches from Halifax. Several sail of West-Indiamen, which sailed from hence on the 20th instant, under convoy of the VICTORIOUS and COQUETTE, are put back again in consequence of their having lost sight of the con- I Noy; and the Freedom, GARDNER, from London, bound to St. Vincent's, with damage.—His Majesty's • ship hanortsx is to take convoy from this port to the West Indies, and to call off Falmouth for the ships thare.—Arrived his Majesty's ship PORCUPINE, with the Jane, Thetis, and Ann transports—the Colworth transport sailed with them, but has not yet arrived. DEAL, NOVEMBER 26. Remain the outward-bound.--Sailed his MAjesty's ship CICNETT ) for bff the Scheldt ; REDPOLE, ROYA LIST, and Itosanto, for off the French Coast. Arri rived his Majesty's ships Itapiu and VIPER with a con ;Foy from the westward, which are sailed for the river. YARMOUTH, NOVEMBER 26. • flailed this morning the SA RrEDON, fur her station at Leith ; and the ERITISI/ FAIR cutter, with volun teers and impressed seamen, for - the Navy.—Early this morning, a brig with coals, bound to the West ward, drove on the Scroby Sand; but having dis iharged part of her cargo, and the weather being Moderate, she will be got into deep water.—The Ro asatcND sleep, EGERI A , CRUIZER, and LCCUST gun. brigs, with their respective convoys, arc weighing an chor from Comm and Ixwestoff ro.tds for the West ward.—Remain the SOL ERA Y, RI bBII EAST, SII EL. . i vatakK E ; BRA VtDAGLII IN, and IN DUSTII Y cutter. LIVERPOOL, NOV. 26. 'I he ship Star. Capt. J A M1E1.01 4 1, arrived here this evening from Honduras—she sailed on the Ettis or September, with eleven other vessels, under conrny of his Majesty's brig FROLIC ) on the 18th October, lat. 36. .58. long. 65. 14. fell in with an American frigate, which engaged the brig of war, being then astern of the fleet, only six ships then in company ; all of them immediately stood to the brig rf war's assistance, but befde they leached, all her masts went crretboarcl-- , this made them all crowd sail to the cast vtatd; and Capt. Jasaltsos believes they all escaped. GREENOCK, NOV. 23. The Diamond, CONNEL, of this port, bound to Whitelnven, struck on a sunken rock, at the entrance at Whitehorn harbour, on the morning of the 16th I inst.- and it is supposed will be lost —crew, and part of the cargo (consisting of rum) saved, Arrived ; here lan night the Alexander, WATT, from Hondu- ' res. Bailed from thence on the 12th September, in brlrpany with a fleet of 14 , sail, under convoy of his Majesty's ship inotic. The ship Nile parted convoy lwv days after sailing ; and ship Jane seven days after, to westward of Cape Antonie. On the 15th , October the fleet was assailed by a tremendous storm; and on the 16th the Alexander parted from the con toy, in lat. 36 5. long. 69. 3O On 17th was boarded by bis Majesty's ship POICTIERS ; after which disco vered, in company, the ships Hussar,Hawker,Moun- , teibeer, Star, Percival, Adventure, West Indian, and untidier ship, unknOwri—they then appeared to have sustained no damage from the gale. The Fleet on their passage.had, in general, stormy weather. On toning iu the North Channel, discovered a fleet, supposed from North America, under convoy of a Ship of tvat (a min-decker), five sail of which joined, and are supposed to have.gone into Latnlaxh. The following vessels had arrived at Honduras when the beet : John Hamilton, Regent, and Woodman. The ship Jane (formerly M'Kirdy) was left loading reit Clyde. Last night, at halt-past eight o'clnck, the PRINCE WAGENT an ived in town, at Carlton House. To-morrow the Earl of Livrarcor, gives a Parlia- Mentary dinner, at Fi:e House, to twenty-five Peers. Lord CASTLEROAGH gives three grand Parliamen tary dinners next week ; 40 on two days, and 20 on the third. The PRINCE It ESENT will certainly open the busi- Hess of the Session, on Monday next, with a Speech i irom the Throne. The Address is to be moved in the House of Lords : ) 7 the Marquis of QUSIIIMIURY-.-+n the House of Commons it is to be moved by Lord Cuve s and se- Mr. HARTE DAVIS, ocessinn to the Housi of Peers, is to grandest and most extensive scale, and separations are making for that purpose. The 1 )wn of the* realms, it is said, will be' oeession under th e immediate personal' - LOAD Hian STRWARD. - Lament is expected to adjourn on the 20th of • to the first week haebruary. conded by Mr 1 ) [ The Royal . be on the gr actilre prepara Imperial Crol carried in Ft care of the LI . Parliament Deedinber t t o . . I4R.LIAMENTARr PROCZEDDIGS. HOUSE OP LORDS, N0V.26. The LORD CHANCELLOR took hirteat on the Wool lack, at a quarter betore three o'clock, and the Clerks irnmediately proceeded to administer the oaths to such Peers as presented themselves for the purpose. i• Several Lords were sworn in the course of the sit ting j and at four o'clock the House adjourned. HOUSE OF COMMONS. This day s at twelve, the SPEAKER, for the first time, entered the House in state, attired in the Speaker's robes. He was attended by the Chaplain of the House, and Prayers were read, as usual; previous to his t.dcing the Chair. The SPEAKER tOOk his seat at the table when the Chaplain retired, Where he re mained till a sufficient number of Members were pre sent to form a House.. Shortly after half•past twelve, he began to count, and at about a quarter past one he was enabled to take the chair, forty persons being present. The House then proceeded to swear in the Members present, who had not previously taken the oaths. This was continued until four o'clock, when the House adjourned. Lifir_nv.teALlGENcE • COURT OF CFIANCERY, NOVEMBER ' HAYIVIARKET 'THEATRE. MORIUS 11. COLMAN. s . The LORD CHANCF.LLOR said—" I have written to Mr. Crofts (theßegistrir) what appears to me to be right in this cause, and it is taken terbatim from the words of Mr. Colman himself." BANKRUPT PETITIONS. The LORD CHANCELLOR said, it might be import ant to the profession to be informed that, immedi ately after the next Seal, he should hear all those i Bankrupt Petitions which had for their object the staying of Certificates and superseding Commissions. PATENT.BRAINER V. mums. Sir SAMUEL ROMILLY stated, this was the Petition' of the Plaintiff, who had applied for a Patent for an' improvement he had made in coach-wheels and coach-springs ; —the Defendant had put in a caviare, claiming that he was in possession of the same secret. The question was referred to the Attorney-General, who decided that the .Plaintiff's plan was quite dif-' feient from the Defendant's, as it related to the wheels ; after this decision the Plaintiff and Defen dant had a conversation relative to their invention of coach springs, when the Plaintiff said, that by his in vention there was no metallic substance used, but something that lie (the Defendant) could not exist without, on which the Defendant replied, he knew what it was, for it was the same as his invention, condensed air, on which the Plaintiff said he was wil ling to have their different plans laid before an arbi trator, and if he thought they Were both alike, tha Defendant should be a joint patentee. The arbitra tor decided that they were not alike, as the Delen dant's plan merely consisted of condensed air, con fined in leather bags and bladders, quite different from the invention of the Plaintiff. The Plaintiff then applied for a patent, and the Defendant entered his caveat, to get rid of which, the present applica tion was brought. It had been already decided by his Lordship in a case of'a patent for sugar refining. One of the party said he was put in possession of the secret by an American; and the other asserted he was put in possession of it by a Frenchman ; but the Court determined that the party who applied first for the patent was entitled to it. The question at present was a similar one, and his Lordship had only to de cide the same point over again. Mr. JOHNSON opposed the motions The LORD CHANCELLOR observed, that he was, and had always been cf opinion, that when two per. sons in trade were in possession of the same secret, . , the party first applying for a Patent, was entitled to it : under which consideration he would grant the prayer of the Petition. COURT OF KING'S BENCH,NOV. 26. CUMBERLIDOE V. BORROWDALE AND Aeolan. The SOLICITOtt-GENEHAL sliewed cause in this case, *against a rule obtained by Mr. Scarlett, to set aside an award made by the arbitrators, to whom the points in dispute between the parties had been refined. The grounds Upon which the rule was obtained were, first, that the arbitrators had found a. balance of £625 ss. ld, to be in the hands of De fendants—whereas the actual balance in their hands was £19,198 9s. 2d. ; next, that they had awarded parts of a certain agreement between Plaintiff and Defendants, to be null and void—when, in fact, they were not so ; and lastly, that discounts claimed by Defendants, upon certain expenditures, were allowed, to which Defendants were not entitled. The Soli- , citor-General said, he did riot think it necessary to enter into a long and particular detail of the affida vits of Defendants, but should content himself with stating what was in truth the plain and intelligible view of the subject. The question in dispute hful arisen upon the accounts connected with the pro ceeding of an East India ship, called the Surrey.— a ia' Of this ship the Defendants were the husbands, and to them was intrusted the payment of all tradesmens' bills, and, in fact, the whole disbursements connected with the ship. To enable them to do this, the other persons interested in the ship paid into their hands certain proportions of the money which it might be necessary to expend—and upon an adjustment of accounts, the differences which led to the award arose. With respect to the question of the balances, which were so materially different from the statement of Captain Cumberlidge, the truth was, that Defen dants, at the time in which they had rendered their accounts, had held in their hands a very large sum, for which they were answerable as ship's husbands, to the tradesmen who had supplied to the ship Sur ' rey the necessary supplies for outfit, &c. This sum they telt justified in holding back, and had actually since paid the bills for which it had been so withheld. Thus, therefore, _the award had most equitably stat ed, that the real balance due was but £625. Upon the second point, as to the arbitrators 1:-ving render l'ed the agreement between Plaintiff arid Defendant i null and void, this was done inconsequence of Plain tiff himselfheving departed front the specific terms of that agreement ; and upon the last points as to I discounts—these discounts were received. by Defen dants, for prompt payenent to the tradesmen of the alp, lion) who'd diey were entitled to along credit; and to these discoonts; Plaintiff; on various occa sions, had assented. ' Before the Court was called upon for Judgment, however, the parties, who were in Court, said, they only wanted to have an equitable adjustment of their accounts, and were satisfied, therefore, tti'stibmit the matters in dispute to any Gentleman at the Bar. The arguments were in consequence stopped. CRIMINAL INFORMATION. THE XING V. DELL AND HARVEY. Mr. Scattier :hewed cause against the Rule for a Criminal Information obtained by the Solicitor-Ge neral in this case. Our Readers will recollect that the parties are merchants, and that the challenge and posting of Mr. Parsons by Mr. Bell the younger, which gave rise to the present application, originated in a quarrel at Batson's Coffee-house, whey, angry and ungentlemanlike words having passed, Mr. Bell sent his friend, Mr. Harvey, to convey a challenge to Mr. Parsons ; for which purpose, Mr. Harvey followed him to the house of a friend at Stratford, in Eisex, where l►e had gone to dine ; and thereon being refu sed an apology, delivered to him a challenge from Mr. Bell, and also informed him, on his refusal to accept it, that he had orders from Mr. Bell to call him a coward and a scoundrel, and that he should post him as such. This was accordingly done the following morning, at some of the principal Coffee houses. Mr. SCARLETT, however, contended, that the first aggression in this case had been on the part of Mr. Parsons himself, who had not acted very fairly in his affidavit, in pretending to question, Mr. Bell's solven cy, knowing as lie .dfd, i that the original declinature of Masterman and Cato accept the bills for Mr. Bell was occasioned by the recent failure of Messrs. Sharp and Co ; but that they were afterwards will ing to accept thm, bad Mr. Parsons again presen ted.them for payment; and well knowing, in addi tion, as they also could not fail doing, that Mr. Bell had offered to Mr. Parsons, long before the bills had come to maturity; the whole sum of £lO,OOO in Bank of England notes, if he would give him up the bills of lading of the cargo, as he ought to have done, but which he refused to do. He had also, the Lear ned Counsel contended, been the first aggressor, and had originally, as appeared from the affidavits read in answer, applied to Mr. Bell the epithet of ' no gentleman." The Court would always, he submit ted, in such a case, look to the conduct of parties, and if they saw, as he conceived they must do in the present case, that the party applying was not only not blameless, but that,he had a considerable share of demerit in the transaction, they would not think him entitled to the extraordinary interference of the Court, which he expected from the present applica tion, but would leave him to his common remedy at law. Mr. BROUGHAM argued tin the same side, contend ing, that the question for the consideration of the Court was, whether , from the conduct of the t wo parties in this unpleasant affair, their Lordships must feel themselves entitled to interfere ? or if they would not rather leave the party esteeming himself aggrie ved to his ordinary remedy at law, of which, by the refusal of the present extraordinary remedy, the pro secutor would not be deprived ? This question, he presumed to think, was determinable in a great mea sure from a view of the affidavits, and from looking attentively to this fact, which of the two parties seemed first to have conducted himself in an ungo vernable manner. From an attentive consideration of the whole of the affidavits on both sides, he con-' tended, it was obvious that the prosecutor, in the first instance, addressed the defendant in a haughty and imperious manner, giving him what he himself called, 46 a rebuke for his unmercantile conduct," which'rebuke it elsewhere appeared, and was not de nied, consisted in the using to him of these words, .that he had not conducted himself as a “ gentleman or a merchant." For such words Mr. bell could have no action, though they were greatly calculated to injure him. It was within a hour afterwards that he sent Mr. Harvey to Mr. Parsons to demand an apology, and that apology being refused, it was, while uhf subject to the irritation of feeling thus oc casioned, that the breach of the peace, which he (Mr. B.) was far'from vindicating, was committed. The SOLICITOR-CENIRAL was about to reply, when Lord ELLENBOROUGH said he needed not. It was time for the Court to put an end to this spurious chi valry of the counting-house and the counter. They had before them yesterday a linen-draper of Ciren cester, who from having been for a few months in a regiment of local militia, seemed to think that he had a right to assume all the consequence of the most' lofty military character. It was impossible to say whether any of the present parties had any preten sions to the character of soldiers ; but this they did see, that while they ought to be employed in poitiv their books, they chose rather to be employed in pos ting each other 1 There was one thing which the Court thought it right to correct. It was not neces sary that a person applying to them for a criminal information should be quite blameless. If the grant ing of such an information was deemed essential to the support of the public peace, the Court would grant it, though the party applying were not only not blameless, but though he were even blameable. If the challenge and even the posting had followed to inslanti, the case would have been different; but here the defendant followed the prosecutor to his own home, and from thence sends a friend after him, on this mischievous message. Mr. Justice Goose said the Court had only to look to the protection of the public peace : and for the protection of the public peace, it was essential that the present Rule should be made absolute. The Rule made, absolute. OASICOYNE o. WINSTANLET. Mr. READER moved to make a Rule, which he had obtained in this case, absolute. The object of the Rule was t' enlarge the time stipulated in a bail-bond entered into by Defendant for the surrender-of a debtor, named Wdmott; and the ground of the application was, the fact of Wil mott being in the custody of the Sheriff of Notting ham, and from an accident which he had experi enced, by which his legs were so dreadfully frac tured as to prevent the possibility of removal withuut imminent danger of his life. Mr. RICHARDSON opposed the Rule generally, ,upon its being inconsistent with the principles of cases already decided. The bail had one of two things to perform, either he must surrender the debtor, or pay the debts the former, it was gated, he costa not by potability - perform, quence, he was bond to pursue the was left. Resew, for the Rule, argued, Lordships had already decided, that was a legal impossibility for the bail stipulations of the hail-bond, that exonerated. In cases where Alien: out al the country this principle had !acted upon. There was.a, case also i Report's, 8 6 Wood v. Mitchell," of dency. In that case the debtor had to transportation. Here there was I bility of his being rendered by his !sequence an exoneration was entered bond. In the present case, the contended the same impossibility exi: step which Defendant couldadopt 1 1 debtor he had adopted, namelWhe ;of Habeas Corp us , di r e c t e d t o the county of Nottingham, In whose custod was, and by the return of that writ that the Sheriff could not remove hi' out almost the certainty of death. 1 cumstances Mr. READER expressed Court would grant him the indull he sought, that was, to have time debtor, until the first four days of which time it was probable a lento. Safety take place. Lord ELLEN BOROUGH admitted of the deci s ions which had taken pl. cited by Mr. Reader, and the Codrr absolute. EXCHEQUER CHAMBER, NOVEMBER SITTINGS IN NQUITY. EARNSHAW V. CLARK& The plaintiff in this case filed a praying for a decree to cause an acct of a promissory note for the paymenl interest, which had been girea by dm debndant. It appeared in this case, that a Gent. surnmne of Walker, possessing a small near Leeds, in the county of Yor!- among his daughters, Eliza, Marth, Martha, when sne Was young, marti, the name of ClArk, by whom she hat , coming embarrassed in her circurti rowed the sum of ,elOO from her which she gave a note, promising p, being the note for which the present 'me time afterwards Eliza married present plaintiff, and by a marriage the bridegroom has written with his surrendered to his jurisdiction all al the money which she held in the ft derable amount. Mrs. Earnshaw kepi the promissory note, and on the death Martha, she presented it as a gift without the privity or concurrence In the mean time, the donor had beet in body, and her husband anticipating lity of her mind becoming .feeble ah inquest made into her goods, chattels, property, in the course of which he missory note in question. The Bill filed in Equity, and Mr: Hall appeared Martin t 6 support . it. These Learned Gentlemen mail an accurate eignination which they matriage settlement, Eliza Walker to her husband, the plaintiff, the whole vested in the funds, reserving for land 'lnheritance, out of which sel4B yearly to her husband, in case that Such being the nature of,the marrii they contended, that the husband, ac. ancient proposition in law, became mat, manager, the controler, and proprietor money and inheritance which appertai unless that she had reserved it to herself stipulation. Under these circumstances inherited no power to diminish by eztr the property of her husband ; the pre question, though the plaintiff had pen.. to retain it her possession, was, neverthet his property, and he had the right tc Should she choose or be prevailed ui._ it away, without hit privity or concurrence. fore, they humbly submitted to their such a giving away, and cancelling , an act null and void, and they prayed might be granted. On the part of the defendahu it -on the expiess authority of several which was made by Sarah Walker, plaintiff's wife, that an entire juristll property of Eliza Walker was not surrendered husband by the matriage settlement been in her contemplation. She ga' true, an authority and power over had amassed in the funds—but surel, note could not be said to appertain being part of her own priVate pocket-mote , sides, from a conversation that acs' place, on the death of Martha Walker, plaintiff and his wife, it appeared, ths, 'himself by no means entitled to the atone , the bill. Having satisfied himself con( money that was due to him, he incp had received satisfaction for the piomiss. belonged to her ? Certainly such.a question they remarkable, if the husband really he possessed a power over the personal his spouse. The husband, having marriage settlement himself, certainl: r plated a jurisdiction. over her estate ney, when lie particularly described the estate which was to appertain therefore maintained, that his wife of making a present of the promis niece, and submitted, that the Bill missed. IThe Lord Chief Baron, Sir ALzrattora nat.o, said—" The woman gave at I WI note to her niece, believing that power which, by the act of marriage nut belong to her." There is a pleashig noweity in the customs—at least so it would appear Sure the Public express at the return ' of drawing every Ticket separately instead of determining two or three late Lotteries.. • irtn, an& in eon be only course•tli argued, that the' that where the nil to perform th at they shniild ions bad been sea sad been invariabl so in the Ith Ter of a similar te• sad been sentenc is an utter impos is bail, and in con ered upon the bail e learned Counse existed. The onl opt to render th he sued out a wri the Sheriff' of th custody the debt• writ it appeared it his prisoner *it . Under these cir id a hope that th lulgence for whi Lime to render th of next Term, b, moral might wi the sound polic place in the cast run made the R OVEMBER 2C 'Y. AKS. bill lb Equi recount to be tat neat or £lOO, wit. r the mother of th Gentlirman, of th small inheritand ork, left his esta irtha, and Sarah. married a person • ; had children. B intstinices, she bor' er sister Eliza, f• • payment on sig h !nt bill was file • tied Earnshaw; t ge settlement whit his own hand, 1 and the whole . funds,"to a consi • r kept possession o death of her sist ift to her children ice of her frasband become debilitate.' iating the probab . also, got a stri - ittels, and person he missed the pr• ill was immediate' .ppeared with Mr. saintained, that by ley had made of tt., er had surrender • whale of her money it herself only the 148 was to be pai• at he survived her. arriage settlement; , according to he immediately the prietor of all that ertained to his wife . ' erself by an expre lances the wu exmaiagant gifts promissory note i • I permitted his wif rvertheless, wholl It to recall it again; upon to squander rcurrence. There. teir Lordships, that 1g of the bill, was tyed that the deer it was maintained al affidavits, one of the sister of the risdiction over the surrendered to h sent; nor had ever gave him, it was ✓ what money she irely a promissory tain to the fundsi Kket-money ? Be. t accidentally took 'alter, between the , that he conceived e money due upo I concerning some. squired it his wife tomissory note the sa tp/eStiOd was r really believed tha msonal . property • ing drawn out .th ainly never coltem ate and pocket -In • bed that portion o • alit to him. The ite had the pow missory note to he - Bill might be di kLZZANDZIt MAC. • away the promi that she possessed Inc settlement, di. ' • t the revival" or pear from the pie irn to Ilse old ma •ly from the Whet ye at once, as in to . • --