Star. — London, England, 1813-01-30 00:00:00

THE AttMT. Dan an inspection recently nude of the horses of t h e 7th Dragoons, it was reported that they would h a ve furnished six troops to accompany the 10th— thus employing the whole of the Hussar Brigade upon foreign service, with the exception of the neces sary Recruiting Depots. We have not, however, learnt that the embarkatiiin of the 7th has been yet fully determined upon. While the Cavalry are thus strongly reinforcing, we are glad to find that detachments are under orders for every IN:gin:int of Infantry in the Peninsula.— The followmg as Ong others, viz. : For what Carps. Present Station of the Detachment. Ist Foot, 3d Batt. Huniterford and Scotland. itOth Winchester. 23th lot Batt. Berrybead. mid let Batt. Winchester. 34th id Batt. 36th let Bate. Lewes. auk let Batt. Winchester. 39th Ist Batt. Weymouth. 40th lit Batt. Taunton. 424 Ist Batt. Inverness. 43d Ist Batt. Hythe. 4Sth Ist Batt. Lewes. - 47th 2d.Batt. Hull. 48th Ist Batt. Chelmsford. . The 10th Dragoons were prevented sailing on Thursday from Portsmouth, for Lisbon, by the change of wind. The Flusamt frigate is appointed their convoy, and had made the signal for taking charge of them. , Friday last, the part of the 2d regiment of Dra goon Guards (the Queen's Bays), which has been. quartered at Whitehaven for a short time, marched' from thence for Manchester. The 2d battalion of the S9l Regiment has been removed from Exeter to Weymouth ; and the 9.(1 battalion of the 63d, from Brighton to Blechington Barracks. Government, we understand, have contracted for 59,000 sets of uniforms, for Spanish troops, to be employed under the Marquis of WELLIyGTON. - - A private letter from Corunta states, that one of the _first acts of the French, on their entrance into Sa lamanca, was to burn the house in which the Marquis of Waturiorow had resided while in that city. Seventy of the repentant Loafer of the Northern Counties have enlisted themselves into the new troops sow raising for the Life Guards. - - The King's Dragoon Guards now vacant by the death of Lord HEATM2IELD, *consists of twelve troops, an establishment superior to any other regi ment in the service. His Lordship succeeded to the command of it on the decease of Sir WILLIAM PITT, in January, 1810. We understand that Captain A. CAMPBELL, of the 21st Regiment, has been removed from the service. As this Officer has seen 20 years service in the army, we must express our regret that, for the good of the service and satisfaction of the public, no communica tion has been made of the proceedings, whether by Court-martial or otherwise, on which that Officer's dismissal was founded. PRINCE REGENT'S Ferz..—The temporary room, now nearly finished, forms only a chain of communi cation, or gallery, to . a temporary staircase, descend ing from the Throne room to the Gothic conserva tory. This erection is intended as a private passage for the PRINCE, Princess CHARLOTTE, her Highness of YORK, the Ductless of LEEDS, and other illustrious or distinguished individuals. By this convenience, the party will pass, without being incommoded, to the head of the table, when supper is announced: —Carlton House will exhibit a complete fat simile, in respect to interior ornament, to what it did when the last fete was given. The same splendid draperies, hangings, and canopies, in blue and crimson velvet, highly enriched with massy gold fringes and embroi dered ornaments, in pure gold. The same superb ottomans, sofas, fauteuils, console-tables, girandoles, and candelebras.—The Throne-room, ball-room, cir cular dining-room, drawing-room, the two blue velvet rooms, and the five anti-rooms, composing the grand suite, will be thrown open for the reception of com pany. The supper will be set out in the conservatory and the dining-room, on the basement story. The mcst magnificent and elaborately carved Gothic side. boards will be exhibited, for the first time, covered with scarlet cloth, embroidered ; on these, matchless services of gold and silver gilt plate, will be dis played, illuminated by candelebras, and tripods of the most costly or•molu. At the upper end, namely, in the Conservatory, will be placed the PRINCE'S table, elevated on a platform about six inches from the ground. From; this table there will be a range of tables, extending to the PRINCE'S bed-chamber.— :;very table will be covered with gold or silver gilt plate. The cards of invitation express nine o'clock ; but ere that hour, the proportion of the fashionable world invited will have long been in motion. Miss Ketour is appointed Sub-Governess to the :HisetoTre of WALES, in the room of Mrs. rho retired with Lady DE CLIFFORD. HOUSE.—A Court of Directors met pester- To o'clock. At five the Earl of MOIRA was toted in form, for the purpose of taking the oaths, and was sworn into office, on his fitment to the high o ffi ce of Governor General In honour of the occasion, the Directors the evening, at the City of London Tavern, dendid and sumptuous entertainment, to Royal Dukes, the Cabinet Ministers, and distinguished political characters were invited , any regard to,party distinction. The Noble particular friends, and a few select friends if Directors, were included in the arrangements.— were laid in the ball-room, on four tables, iundred and fifty guests. The preparations pon the grandest scale. Among them we have particularly a colonade, supported by a qv of wreathed pillars, extending from one cf the cross table to the other. In the triumphal arch, fifteen feet in height, sun with a trident in the centre, the Royal on one side, and the arms of the Noble the Countess of Loudon on the other. At along the colonade, the arms of the City !don, vases, bouquets, &c. and at the extremi. arms of the Company. Along the base, a ion of vases, artificial flowers, and figures of and statesmen, with appropriate devices ; eze- With great taste and ingenuity. "); Princess Ci MOKEY, WI aid INDIA H nce day, at twt introduced cif prescribed utb appointmei of India. eryi gave, in th I, a a most spi tar/ Which the LE• several disc at without an vi , z Earl's part :er .• the Ilirecti • Covers we for ree ohu ks 'ere upon reek s e. to notice Ps;de, double roi e r (f tatremity 011 centre a 1 vas Inounted went mandard he E arl and iLtervids e sess' of 4nd; tics the at ronet• pistol Profusion dark, ' 4 roes an eveol tot e d wit Ldlff INTBLLIGENCE. ADMIRALTY COURT. Yesterday the argument on the licences granted by Admiral &swim's, and delivered by Mr. ALLEN, British Consul, at Boston, came on before the Ad miralty Court, when Sir CHRISTOPHER ROBINSON Was heard against the validity of these licences, and Doc tors HRRBZRT and ARNOLD, with Mr. LUSHINGTON, in support of them. The first contended, that the Admiral could not sanction the trade beyond the limits of his command, and it was also urged, that the licences had been made a common article of sale, from 500 to 3000 dollars each, in perversion of the design with which they were conceded. The other Learned Civilians insisted, that these licences were granted according to established custom, and that their authority could not be questioned or contra vened.—Sir WILLIAM ScoTt postponed the decision until the next Court day. COURT OF KING'S BENCH, JANUARY 29. At the sitting of the Court, Tuos. La BLANC, Esq. Barrister at Law, took the usual oaths and his seat below the Bench, as Second Master of the Plea Side - - - of the Court, in room of FREDERICK GROVES, Esq. INTILRESTING MERCANTILE DECISION. SNAITH W. DIANOAY. "This was a special argument reserved on a case which had been before a Jury, who found-for the plaintiff, to ascertain whether Bills of Exchange, amounting to some £4,300, were really Irish bills of exchange, and therefore correct in being drawn on Irish sumps, or whether they were not made Eng lish bills of exchange by being filled up in England by. an agent. Mr. NOLAN argued in support of the verdict, stating the circumstances of the case. The bills had been drawn at Waterford, in Ireland, and transmit ted to the agents in England, who filled up the blanks for the sums, the dates, and the names of the drawers. These bills, being to all intents and pur poses Irish bills, were drawn on Irish stamps; but the defendant wished to contend that they were Eng lish bills, and that, therefore, they were not good in law, as they were on Irish stamps ; but that argu. ment was neither founded in the reason of the case, nor on the law and decisions on the subject. (Vide Russel v. Langstaff, &c.) They had been com pleted in England it was tlue, but had they not ob tained the characters of bills of exchangein Ireland ? What had been done in England was by agency, and in completion of what had been commenced in Ire land ; and therefore they were Irish bills, and the parties were justified by the terms of the Stamp Acts, by the reason of the case, and by former decisions on the law of the subject, in drawing them on Irish stamps. To sbew that they were Irish bills, and that they would be considered as such by Courts of Law, he would ask, whether in the event of the parties dying, their assets would not be liable to pay ? The Learned Counsel, therefore, submitted, that the ver dict for the plaintiffs ought to be confirmed, that the bills were donaide and legally Irish bills of ex change ; and he could not but observe, if the law should be held to be otherwise, how much confu sion must thereby be introduced into the mercantile world. Mr. ScaItLETT argued against the verdict, contend. ing that a bill of exchange could not be such until it bad all the essential parts of a bill of exchange, and that in the present case, all the essential parts of such instruments had been supplied in England, and that, therefore, the bills were English bills, and as such ought to have English stamps. Had not the bills been virtually drawn in England ? for, until a bill had the name of the drawer, the date, and the sum, it could be no bill. Blanks had been sent from Ire land with the signatures of the person by whom they purported to be drawn ; but in England had been made passable bills of exchange. As that was the case, they ought to have had English stamps, and not Irish stamps ; and in not having English stamps they were invalid in law. Lord ELLErtaonouutt held, that the agent must follow the act of the principal. If the bill was drawn on an Irish stamp, dated from an Irish place of resi dence, it assumed the features of an Irish bill ; and it was not in the power of the agent to contravene the intentions of the principal, except by altering the place of residence, in striking out the Irish place of abode, and dating the bill from some English place. No such alteration had taken place in the present in. stance, the agent had acted as the functionary of the individuals who had the bill. The functionary had only perfected what had been begun by the principal, therefore the act must be taken as the act of the princi pal. The agent had only sent it forth in a more Fertect form ; but after such filling up, it was, to all intents the same bill, and therefore in being an Irish bill, the parties were justified in haviw drawn it on an Irish stamp. The filling up wasimerely putting the bill into a more perfect form ; and whether that were done by the principal or by the agent, it was exerci sing the discretion of the principal . - It then must be considered as an Irish bill of exchange to all intents and purposes. Mr. Justice GROSE and Mr. Justice LE BLANC coin cided in opinion with the Lord Chief Justice. Mr. Justice BAILEY also agreed in opinion with the other Judges, observing, that the only act which pledged the Irish House had been done in Ireland ; and that the bill must therefore be an Irish bill of exchange in every point of view. To carry this opi nion further, for the purpose of shewing the clear ness of the law on the subject, he had no difficulty in saying, that had the parties in Ireland whohad drawn the bills died, that their assets would have been lia ble, bad demand been made for payment of these bills.—The verdict for the Plaintiff was accordingly confirmed. SCHOOLMASTERS. DOE ON THE DEMISE OF BISH, v. KEELEY. This was also a special case for argument. The lessor, of the Plaintiff, Bish, had demised by lease for 14 years, a house and certain premises, situate on Richmond Green, to Lady Georgiana Macneil. The lease contained a covenant, by which the tenant was restrained from erecting any additional build ings, from using the premises as a shop or shops, from exercising, or suffering to be exercised, any trade or business, and from permitting any public sale or sales, by auction, &c. upon the premises, without the license of the landlord, under certain penalties. Lady Georgiana Macneil disposed of her interest to the present Defendants who was a tachoolmister, and kept a boys' school upon the pre mises ; and the questioa was, whether the occupa- 1 den of. a schoolmaster .came within the meaning TX. the words trade or business," contained in this covenant? Mr. BOLLAND, for the Plaintiff, contended that in true contemplation of this covenant, the business of a schoolmaster came within its meaning. And although a person exercising the business of a school master did not come within the provisions of the bankrupt laws, yet, according to the terms of this covenant, it was such a trade or business as was in the contemplation of the lessor, in making this pro vision in the lease, the object of the lessor being to preserve the premises from unnecessary dilapidations, and prevent any trade or business from being carried on, which might cause an inconvenience, or annoy ance to the neighbourhood. The Defendant cer tainly had not erected any show-board, or any thing on the exterior of the house, to denote that he kept a school, but soon after taking the premises, he issued his cards, and now kept a school of between 50 and 60 boys, boarders and day scholars, and it certainly could not be contended that boys were the least mis chievous animals of the creation. He had searched for authorities, but Could not find any in point, it was therefore a novel case, and in deciding the ques tion. the Court would take the whole context and meaning of the covenant into their consideration. Mr. ADOLPHUS, on the other side, observed, that the question was, whether the Plaintiff had guarded himself sufficiently by this covenant, and contended that the business of a schoolmaster could not be con sidered as coming within the meaning of this clause, which only contemplated a trade or business in the general acceptation of the term. The Court was bound to construe all covenants of this kind most strictly as against the covenanter, and they would not give it that extension contended for by his Learned Friend. He would suppose this Defendant to have but one scholar, or a child whom he thought proper to educate, it could not therefore be contend ed that he was a trader. As well might it be con tended, that a miniature-painter, or even a special pleader, was a trader. Lord ELLENBOROUGH.--« I should rather think that just before the Essoin day of Term, his neigh bours would think a Special Pleader a most trouble some annoyance. I can have no doubt but that this is such a trade cr business as comes fully within the meaning and contemplation of the covenant. Fathers families very well know, in holiday time, what a great annoyance even three or four boys are in a house, much less 50 or 60. But it is said he makes no show. lam rather inclined to think 50 or GO boys, playing in the court-yard of a house, is a very terrible shtw in a peaceable neighbourhood. Can any body then say, that this is not a business, and such a one, as above all others, would leave the pre mises in a state requiring greater reparations than any other that can well be imagined. I think it is clearly within the scope of the intention of the party making this covenant, and certainly falls within the niscbief which this covenant was meant to prevent." —Judgment for Plaintiff. INSOLVENT DEBTORS. Several persons confined for debt were brought up to be discharged out of custody, under the Lords' Act. Many of them were opposed; among whom ,was a ycung woman, a widow, of the name of Sarah , Shearman. On her examination by the Counsel who opposed her, it turned out that she was entitled to a certain property, under and by virtue of the last will and testament of a gentleman of the name of Squire, late of New Inn, deceased, in case she should survive her son, now an infant, and which property was not i mentioned in her schedule ; she was, therefore, re manded until Monday next, in order that she should have the opportunity of inserting whatever right she may have in that property in her schedule. J. Taylor was also opposed, on the ground that he had not put in his schedule the goods, furniture, and stock in trade which he had in his house and premises at Newington-green before he went to prison. On his examination, it appeared, that until the period of his being arrested and sent to jail, he kept a public house, known by the name of the Coach and Horses, at Newingtontreen, and also a butcher's shop ad joining ; but that, being indebted in a considerable sum to his brewer, he had made over the whole of the property in the said premises, by deed of assign ment, to that brewer, as a security towards dischar ging his claim ; and that he, the defendant, had , no more interest whatsoever either in the public house or yet in the butcher's shop adjoining ; in ad dition to which, he further deposed, that if the whole were sold under such assignment, it would not,even then, produce sufficient to discharge 'the brewer's debt, which was very heavy. Mr. Justice LE BLANC expressed his opinion, that this was a property which the prisoner could not have put into his,schedule, being actually and bona fide as signed, before imprisonment, to his brewer, as a se curity for monies previously due ' • and he directed that he should be discharged, and he was discharged' accordingly. A person of the name of Humphries was next op. posed by Mr. ESPINASSE, on the ground that, not be ing charged in execution at the plaintiff's suit, he was premature at present in seeking . the benefit of the Lords' Act, until that event of being charged in execution should take place. Mr. Justice La BLANC here desired that the copy of the warrant in the jailor's possession, by virtue of which he was detained, might be read, and it was read accordingly, by which it appeared that the de fendant was taken upon a writ of caftias ad :ad:facie*. dutn, returnable on the last day of last Term, and, that he has continued ever since in custody under that writ. Mr. ESPINASSE then contended, that the mere tak. ' ing under that writ was not sufficient to entitle the defendant to sue for the benefit of the Lords' Act. But the Court held otherwise ; and Mr. Justice LE BLANC observed, that the very tak ing under the warrant was in itself a charging in exe cution, conformable to the letter and spirit of that Act, and directed that he should be discharged, and he also was immediately discharged out of custody. COURT OF COMMON PLEAS, JANUARY ES. YEATS V. HEALING. This was an action brought by the plaintiff, an Attorney, residing at Gloucester, to recover ,81 1, for uu,iness which he had been authorized to transact. l'ot: question was, whether he had received any au thority for bringing an action, by which the present claim had arisen. The facts were : A widow, named Healing, living at Appleby, was desirous of obtain. ing an account of the debts due from the estate of her deceased husband, in order that the executors might settle as early as possible with all parties. Ft that purpose she applied to a person named Newn• ham, who went to the plaintiff. After some conver. sation on the subject, Mr. Yeats told him that he could not act in this business without some authority from the widow. Newnham, consequently, went back to Mrs. Healing, and obtained from her the following note, to be presented to the creditors : " Sir—l will be obliged to you if you will be 90 good as to write dawn the small bill which my husband, J. Healing, was Indebted to you. " Mrs. Healing, of Appleby:* The plaintiff, in consequence of the above, went round to all the creditors, produced the note, and Wd they would put their names, and the amount eir debts, merely for the purpose of having the same paid immediately. The several creditors put their signatures to the paper, which had the following words written at the top : " We do hereby severally authorize Mr. Yeats, of Gloucester, to support our several demands of the Executors of the late James Healing.—Witness our hands." The defendant, Mr. J. Healing, who did not ap pear to be related to the widow, put his name down among the others, and the plaintiff itntnedeately brought an action for the recovery of the debt by which costs were incurred constituting the present demand. The defence was, that neither the defendant nor any of the creditors had given the least authority for bringing an action for the recovery of their several claims. On the contrary, it was contended that the plaintiff had resorted to stratagem in o?der to obtain their names and debts, for the purpose of bringing the said actions. It did not appear that any autho rity had been given for the action in the present case, farther than the writing at the head of the paper, which, it was said, the defendant and others did not see when they signed is. The Jury found a verdict, without hesitation, for the defendant. The paper bearing the names of the creditors was left, by consent in the hands of the Judge's Clerk. PETERBOROUGH SESSIONS. A case of considerable importance to wool-buyers and farmers lately came on to be heard, wherein Mr. Wm. Bellars, a very respectable and opulent farmer, at Waodcroft, was the appellant, and Mr. James Rusher, an extensive wool-buyer, at Bradford, in the county of York, was the respondent. It appeared, that, in the month of October last, Mr. Rusher purchased of Mr. Bellars, by weight, 1618 fleeces of wool, at '29s. per tod, the then snar• ket price of good wool. Mr. Rusher, finding that some of the wool was in a bad state, employed two persons conversant in the business to assist him in examining the fleeces ; and dot of the 1618 he had so purchased, 1486 were fount to be in an improper • state, not having been sufficiently washed, others being wound with locks or dirt, and others in a wet and damp state, whereby they became the more weigh. ty, to the deceit and loss of the buyer thereof."—. For this offence Mr. Rusher I.iid his information against Mr. Bellars, upon which he was convicted in the penalty of fl4B. 12s. being at the rate of 2s. for each fleece so found in an improper state. Against the conviction Mr. Bellars now appealed. After many witnesses had been examined on 'uoth sides, and Mr. Caner nad been heard tar the part of the Appel lant, at half-past seven o'clock, Mr. T. Atkinson, for the respondent, commenced his reply, but was stopped by Lord MILTON, who said the Court was sae tistied, and affirmed the conviction. We think it right, fi r the information of farmers, to state, that by the 82d sec. of the Act of the 28th Geo. 111. c. 38, upon which this conviction took place, the seller of the wool complained of shall have the power to apply to the Magistrate before whom the information is laid, to summon the winder of the wool ; and if it 'hall ap pear to the satisfaction of such Magistrate that such wool was so falsely wound without the knowledge of the seller, then that the winder alone shall be an swerable. But it is to be remarked that such appli cation must be made by the seller to the Magistrate, pending the information, and immediately after the seller has received the summons to answer the com plaint. This Mr. Bellars neglected to do, and there fore the Court had no jurisdiction over the winder, but the seller remained liable to the penalty.-.-The Court was exceedingly crowded. At Somerset Sessions last week, George Kelson, the person from whom the well-known picture of the Woodman was taken, was examined as a witness : he is ninety-one years of age. The attempt at forgery on the Bank, on . Tuesday last, was under the following circumstances I—A Clergyman, residing in the country, sent 133000 to a Broker, to be invested in the Funds, and the Broker returned him a Bank receipt, purporting to be a re ceipt for a transfer of stock in the Clergyman's name, agreeably to his directions. The Clergyman, on era. mining the receipt, found that the witness's name, purporting to be the signature of one cf the Bank Clerks, was written in such a style that it was impos sible to make it out; this, together with other cir cumstances, caused him to suspect that there was something wrong, and in consequence sent the re• ceipt to a particular friend in London to make en. quiries at the Bank, which took place on Tuesday morning, when the answer was, that no such transfer had been made. This was soon noised about the Bank, and the parties suspected contrived to get the proper transfer made during the time the enquiry was about to be instituted. A. number of forged Bank of England Notes hat been lately put into circulation in the neighbourhood of Portsmouth, by the following stratagem, the dis semination of which will induce caution in shop keepers :—A tall m.in walks the street in the even ings, and, wherever be sees an opportunity, stops some boy, to whom he promises a trifling reward, if he will go into a shop and purchase an article. ex. plaining to him, that his fear of being impressed, if he is seen in a public shop, induces him to ask the favour. He then furnishes him with a£s note to make the purchase ; and in many instances he obtains upwards of £4 change, besides the articles. If he observes any person come out of the shop with the boy, he makes off ;—or, if the boy is detained any lengt'a of time, his suspicions are &Wakened, and ho dots not wait for his return. • ed in. of ws 'or iz • er. he sty not .1 6 he Ai. , Ito • L" fi ent Ind • tint • the put ing f 6f the our 4. ap. iwn rely A Lich .d. nor for eral the tain . 1 ;ing ; tho- a se, per, ) l not for was • ;yen Mr. mer, AMC! n the last, ight, ; Mat& that two in in had roper bein tan eigh. t."—.. latices ricted A 4: