Star. — London, England, 1808-12-22 00:00:00

Mer Mime In his power, was known, though silentle• and, perhaps slowly , but surely, to be creating a body of most adventurous,hardy. andskilfulsallorsthrough the latter medium, the whole of which he would call to his service whenever the affairs of the Continent should admit of his directing his energies to his ma rine. If his conduct in this respect did not declare his meaning, the encouraging proclamations hehad issued to merchants so to direct their capital, and to officers and seamen so to direct their valour, would sufficiently establish it. Mr. Jackson said, he would not suppose it possible, but that the Directors had made the strongest representations in the proper quarter, if not, he adjured them to do so without a moment further loss of time ;—he must say, that if they had found the forms of office in their way at the Ad miralty, they ought to have applied to the Minister, who, according to the practice of our constitution, I was answerable for every department ; and failing there, they ought to have addressed themselves to the House of Commons, and laid their case before the country, the Directors being as much bound to the protection of every legal settler in India, as of their own covenanted servants.. Mr. Jackson said, he did not pretend, or could say where the fault lay ; if with the Commander, the Board of Admiralty that wanted nerve enough to recal such a man ought to be dismis sed by the Minister, and changed for men of snore comprehensive faculties and more vigorous exertions. If the Minister wanted courage to do this, he was not the Minister for such a country in such times. Mr. Jackson, after remarking on the afflicting and digrace ful accounts of a similar ascendency in the West In dies, and of the repeatedly revictualling and reinfor cing of Martinique and Guadeloupe, the importance of the capture of which islands had ever been admit ted to be of the utmost consequence, concluded with expressing his hopes, that the Directors would feel this subject as it ought to be felt, and act upon that feeling. The Quintal+ . (Mr. Perry) said, that it had not escaped their attention, that the depredations had been most scandalous, arising, as they apprehended, from neglect somewhere ; that the Commander had been recalled some months past, and that he trusted pre. cautions would be taken to prevent the recurrence of the evil so justly complained of. Mr. GRANT, the Deputy Chairman, went upon the same ground, but more at large ; he observed, that the Directors had not, till recently, any proper docu ments on which to proceed in making their represen tations; he was severe upon the Memorialists, for not' having applied to them in the first instance, rather than to Government. He observed upon the conduct of different Naval Commanders who had been sent out, and how little influence the Governments of Indio had upon their conduct. . -. Major WALTER SCOTT WARING supported the ground which Mr. Jackson had taken, and stated some military complaints, to which he feared the Di." rectors would be deaf till too late. Mr. Roca alluded to a report out of doors, that the renewal of the Company's Charter was to be a sub =i ject of discussion during the next Session, and wished to know if it were true, that Gentlemen might pre pare themselves accordingly ? The CHAIRMAN and DEPUTY-CHAIRMAN thought 1 the question very , pieniature, and rather declined , answering it, assuring the Proprietors, that whenever , such a negotiation should take place, they would give them timely information of the probable terms. .„ • Mr. JACKSON said, the question was an extremely plain one, and such as he thought ought to be an- swered—it was " Whether or not it was the under. i standing of the Directors that the renewal of the, Company's Charter was to be discussed next Ses-. sion ?" He said it was a subject of inconceivable im' portance to the country at large, as well as to the Proprietors, and whenever they should meet upon the occasion, he hoped it would not be in the nar row spirit of mere Proprietors of India Stock, but as Citizens of the Empire at large, attentive, as they ought to be, to their own due protection, but anxi ous to make our Indian territories of the greatest possible use to the Parent State. He said, he thought the question alluded to ought to be answered for the reason assigned for asking it, namely, that the country might be prepared, as it was known that men of eminent talents had directed their thoughts to die subject, as appeared by their publications ; such per sons, he thought, ought even to be invited to commu nicate their ideas. Our Indian Empire was not, he hoped, the last, but certainly the greatest stake in the hands of the country, and, as Ministers should use it, would depend the prosperity of Great Britain or the contrary. Mr. Jackson said, it would he too late to come and inform them of Outlines previously agreed to, calling upon them, perhaps, to agree to some Re port, wrapped up in technicality, and enveloped in figures. Mr. Jackson said, such had litely been the case with a great Company, respec. :ng which the Mi nister of the day had thought proper to break in upon the terms for a new Charter, solemnly settled by one I be his predecessors, and forgetful of the maxim, which ,be was known eminently to practise in private life, I had compelled a new bargain, which, according to COURT OT COMMON P'LRAS. DEC. UN . his, Mr. Jackson's, conception of it, was as unj ust as .. , • . IP:aftit ft. TR/111111Y. ever power insisted on, or imbecility had • tap a r s was aaas idon'shroet respectint *consider, ajed he remembered on the occasion to which alliaded. - ' -•-' -• • - • - Strint l L. .of 0 0 04 rinditi thnlig4 it lasu4 from the understanding conveyed to the proprietoiroutiidat .- son i s oi morn i ng till fi ve i n - . d ie evening,, } nay be: a mass of figures, was, that the Directors had merdr i• su bie s i n dit y . te. 'conceded their super fl uities, though it was soon 'after I Hepleton, a bankrupt, bad, previous ttiVilidot: stated. in a few lines. found, when the conditions came to be iinderitood,l vency , !that muchof theirsubstancehad been takenfrom th em. I - employed one Coombe, a money raieet, t& whom he was led by an advertisement, unslei , the Mr. Gitarrr repeated, that nothing had occurred name of Humphries, to procure money for - him -by by which he was authorised to say, that the discussion discounting bills. For this purpose Coombe' iesdrted alluded to would take place the ensuing Sessions. ;to a linen-draper, of the name of Barber ;to Messrs. Mt. Rna4ieferriug to the late gift of one thousand Fournier ' Gore, and Company, Cheapside ; and to pounds to the A .-sh Patriots, protested against the Pekket, the plaintiff, a warehouseman. Bills were illegality of the Igicctors giving away the funds of discounted by them to the amount of More than a the Company, howeirer meritorious the object, with- thousand pounds, and in the three transactions, goods out the consent of their constituents. •.•- _ I were furnished by the discounters, in part, instead of In this-protest of Mr. Rock's, • Mr. hales kill . money, which goods Coombe disposed of as he best other proprietors declared themsetketo *gm. ' ; I could. —As a collateral security for the money thus The Conic theiedjourned. - ' , raised on Hepleton's bills, hops, to a large amount, 1 - consigned by Hepleton to Coombe, and by ----lodged LAW INTELLIGINCE. COURT OF CHANCERY, DEC. 21.. . NEWLAND V. CLARK. This was a motion for leave to make exceptions to the report of a Master, and originated in the follow ing circumstances • A person of the name of Robert Robinson •f 144 come to London in a low station of life, and by dine of industry, had accumulated the sum of £llO,OOO stock in.thillinnds. Having no relatives, Its far as he knew, he left his funded property, as a kind .cif patriotic gift to Government, to be employed foe the liquidation of the national debt, and appointed the Bank of England his executors. At the same time, he left his household furniture, and certain other per sonal property, to a Mrs. Clarke. It so happened,. however, that the dividends upon his stock had been, suffered to accumulite for three years, and amounted to the sum of £l2OO, to which also, under the will of the deceased, Mrs. Clarke laid claim. This, however, was resisted on the part of the Bank by the late Mr. Abraham Newland, who was appointed acting exe cutor, and it was decided by the Court, that Mrs. Clarke had no claims under the will to this sum of £l2OO. Matters being in this situation and no rela tives of the deceased appearing, the Attorney-(ene rallaid claim to this property on the part of the Crown, as dumps litre: ' • but in the meanwhile, some person/ in Cumberland had claimed as being the nearest rela. : tires of the deceased, and the Attorney-General had, taken several steps for establishing the right of. the Crown, such as procuring copies of the proceedings •of Court, &c. in the Master's Office, the expence tending which had amounted to £4O. These pet sons in Cumberland having established their relation. ship, and this sum of 840 incurred as the expence of the proceedings on the part of the Crown, was claim ed to be paid out of the original sum of £l2OO, which now fell to these distant relatives in Cumberland. This claim, however, was refused by the Master; and Mr. ALEXANDER, for the Attorney-General, now prayed for leave to make exceptions to the Master's report, on the groind that the Attorney-General had only taken those steps which were proper and neces sary in virtue of his office, and that it was only rea sonable that the expences should,be paid out of the fund which was claimed. . • Mr.• BELL resisted this, on the ground of the hard ship of depriving these poor people in Cumberland of any of the property which had , thus fallen to them: Mr. ALEX AN DER contended that there was no hard ship at all in defraying, out of the fund itself, those expences, which the Crown had incurred before the rightful heirs had established their claim. He be lieved his Learned Friend's ideas of riches and po verty had. greatly altered since he left Cumberland, if those persons were to be called poor, in that part of the country, who had thus become the unexpected heirs of a property which to them must be so consi derable. The LORD CHANCELLOR thought, that in this case there was no occasion for incurring additional ex pence, by bringing forward exceptions to the report. He expressed his opinion, that t public advan tage resulted from the rule of a llowing its costs, in all such cases, to the Crown. It often happened that parties who had a real right to property, to which • they could not however make out a cle a r legal title, were, through the interventicon of the Crown, ptif itt possession of what otherwise they could never have enjoyed. It was, therefore, in his Lordship's opinion, against public utility to refuse to the Attorney-Gene ral his costs, where they had not obviously been im properly incurred. The mode, however, in which they were now sought to be allowed, was one which. must-necessarily lead to great cxpence. He himself would look into the report, and, after conferring with the Master, would give his decision on the subject. COURT OF RING'S BENCH, DECEMBER si. STEINBACH V. DE LA COUR. This was an action on a Policy of Insurance on the ship Canopus, from the Baltic to Norway, which vas lost by the perils of the sea. The defence set up was that she was not sea worthy. The Captain, who was a foreigner, was called ; he proved that she was a new ship, and performed her first voyage very well. The next voyage w Norway she leaked, and ultimately made so much water that they were force' to run her into port. On examining her, there were three holes as Large as augur holes in her _bottom. It appeared • as if the trunnions had started, but they had received no shock or any stress of weather which could have 1 , beat them from their places. Mr. GARROW, for the defendant, contended, that the ship must have been unsea-worthy from her buil ding, and that these holes must have been left open . originally. He accounted for the ship making no water in the first voyage, by the sheathing protecting the holes, but that not being able lung to resist the sea, it of course flowed through the holes, when that thin defrnee gave way.—The Jury found for the de fendant. • were . An affray between an Officer and some soldiers of Coombe to the discounters. These Hops were lodge a regiment of infantry on its march, and some yodng in the warehouse of the plaintiff Pekket, who, as al rnen, inhabitants of Tunbridge-wells, took place on ready stated, was himself one of the discounters. — Monday evening last, in which one of the youngmen When Hepleton became bankrupt, his assignees con of the town was very seriously wounded with a sword strived to get possession of the hops, and . sold them. and bayonet: The quarrel was occasioned by the .On this account Pekket brought his action against lalledged improper behavions al a ran* Mani= the assignees, as having a lien on as the pods, in phis his Officer to a female in the sties • .... • character of wareh' and being part -. IA sLECT/ON Or COM A y este rday being St. Tho ..11 . in the City of Lot di •' — on c ou ncil for the yi .. 4t h e ld a Wardmote f , St 5' th an d where there w !T' h e afterwards held Vi I B i aingsga te, Tower, and a were prevented atte ' 1 f o llowing are the Ward or ti c o c hanges have taken p TARRING/30N Id , r u e w ar d, according I La _l' h av ing retired, ti silt' Q unf to succeed - him, viz. dPi ssi - A t the dose of 1 i s *ell- t h r ee, the numbers wen s. rran weine : . r e Crooke awes I st . 37 26 tie; w a ithutsu - 24 z YOunt 23 litdin 2 " - 23 Dor" gents; (Deputy) : 2 led O W TARRINGDOI 43 t l 3o 34lickerd - 43 esw • us „ wor d . 42 a Muer . 39 al Lao . 38 ca dwa . 5.7 31 nk, Cl" aber indoe . so 'lel /AI . 26 Cla ' COSDWAIN' bah - 33 fis l e t ammo ' 32 DM* (DeP uti ) 32 31 PAW 2B ' 111SHOP3GATI Clods 66 . :f Whs3US . 64 lislh . Iss Dolga . 63 W. Rawlins • 63 ' • . Gramm 57 M il . . 57 53 /Imps wurked thus iv BRIDGE Xr. Jos. Leer, in the p QUZINHIT . UT. DRAKE, in the plat BREAD. ' Mr. DAXIN, in the place The other Wards are hp Coacil by their former n —....... ar, EAT IND Yesterday a Court of fast India House, whe i : va s sworn into the coma • cosigned to Madras and b. Yesterday a Quarterl; N vk i et the Dividend on th may, from the sth July 1 j., was declared to be 51- pin a After the dividen h Chairman had stated d the a b ustuannts left India, i•, . Mr. RANDLE JACKSON ' ar lOC Coutt, to a subject o r i, which, he said, had pres • I considerable time pas' ant circumstances had d longer silent ; he meant him, inexplicable ascend it the Indian seas, and the • lad been tamely permit I- and the still 1 d Irr t o Y ught upon the cc just heard from the Chai Ind given of the peace City of our Oriental pos sty as much for the sect the property which was • them. Who could bell , with a maritime force gi kept in those seas, the tr tit ' pletely unprotected, tl 11 Companies alone, had I r• b more than two million d:' seven or eight years, at ' teinber and October or 1 . losses had been upward: ' well as numerous other 1 two French frigates, ant rant privateer, of 16 gi " those seas for three m • blockaded during that fi " although a great mariti fig, and several pend • within three hundred In tion. He understood i id (horn which he gather d cum Merchants to tl although the destination : . privateer was known to " ember, yet, at the dat • the December following for the protection of th 1 • pefial Government of do, what America ha 5, , of the confederated m; namely, lay an embart ra keep them from the di it . privateer of 16 guns, k- the no less extraordis • every one of its prix 10 5 had to send them tin e thousand miles to the bon. Mr. Jackson ad ris merit, with that feel;n • low subjects of India, ';• famine, had.advertiset at, bringing corn for their id the shipping interest h object, when, shockin . tnorial spoke truth, no N knew of had been sent s, masequence of which bed the provisions thus int Oh from death, had beer lcep Jackson observed, tha through the medium 1 dips of War i .our gi COMM! COUNCIL Thomas's day, the different London met to elect the year ensuing. The LORD for Cornhill, which he re was no alteration from last Wardmotes in the Wards and Broad-street, whose Al attending from indisposition. Tarcls contested, and those in place : IDON WITHOUT. to custom, is contested. there are two new Candi• viz. Mr. Muzzle and Mr. the poll yesterday, at half were— Mr. Reeve - SI ' Griffith . SS Murrell - SS Wright - It Nichols - 10 Brewer (Deputy) 1$ Harper - 1$ I. Brewer • 1$ IN WITHIN. Ms. Cooke J. Smith Metcalfe Walker Smith James Smith Roberts Lewis . 26 . 24 34 $3 SS . 43 ;F:11 WARD. Mr. Wiliam 211 Abbey Hick •Joan •Blake WITHOUT. •114,4y.White Gough Gould Po)' •Freelsau ST 44 14 1$ - • 51 ▪ 35 32 ▪ 27 24 • 31 14 ss I marked thus • are new Candidates. BRIDGE WARD. in the place of Mr. Con, deceased. QUZEWHITHE WARD. in the place of Mr. SuAw, resigned. BREAD.67ItEET. .. the place of Mr. Harstmr. resigned. Wards are represented in Common former members. EAST INDIA HOUSE. _ Court of Directors was held at the House, when Captain JAMES MURRAY the command of the ship Devonshire, Madras and Bengal. Quarterly General Court was held, , vidend on the Capital Stock of the Com : sth July last to the sth January next, be 51- per Cent. ividend had been declared, and the A stated the tranquil state in which the left India, JACKSON rose to call the attention of subject of ratitmal 'consequence, and, had pressed much upon his mind foe time past ; but respecting which; * ices had determined him to remain no I he meant the extraordinary, and to able ascendancy of the enemy's cruizers seas, and the dreadful ravages which they tamely permitted to commit upon British the still greater dishonour which they upon the country. He rejoiced to have m the Chairman, the account which he . the peace of India, and of the seen- Oriental possessions ; he wished he could for the security of the Indian seas, and vhich was necessarily adventured upon :ould believe, asked Mr. Jackson, that ie force greater than had been usually seas, the trade of them had been so coin 'protected, that the Calcutta Insurance alone, had paid losses to the amount of two millions of money within the last . years, and that in the month of Sep. October only, of the year 1807, their' upwards of £290,000 ; that these, as numerous other captures had been effected by I igates, and (principally) by the Reven of 16 guns, which latter had scoured three months together, and in fact, during that time the Bay of Bengal, great maritime force, with an Admiral's several pendants flying, were then lying hundred miles of this scene of depteda iderstood it to be stated in a Meniorial he gathered these facts) from the Cal- Merchants to the Board of Admiralty, that destination of these frigateupd of this known to the stttion at Madras, in Sep. at the date of the Memorial, natntly, m following, not a vessel had been sent ,cection of the Bay, till at length the Im. ivernment of India had been compelled to America had pretended to do on account confederated maritime strength of the world, - an embargo on its shipping, in order to from the devouring jaws of this terrible 16 guns, which had had, it was said, extraordinary good luck to preserve of its prizes from re-capture, 'though - it them through a known track of three tiles to the Isles of Mauritius and Bout. lackson added, that the Madras Govern that feeling which became it for our fel. of India, labouring under the horrors of advertised great encouragement to shipt co. .1 for their relief, in consequence of which, . 6 interest had directed its attention to this rhen, shocking as it should seem, if the Me. truth, no one ship that the memorialists been sent out to protect these vessels, the .. of which was, that a considerable part of tons thus intended to save our own subjects , had been captured by the enemy. Mr. observed, that a marine could on l y be created tiro ugh the medium of commerce , or thro u g h that of I skips of war ; .our great enemy not having t he for. I pr;etot, besides being answerable to the other dis• counters. __ The defence was, that the bills were given on ac. count of an usurious transaction, and that some of had drawkirithin two months of Heple ton's act oflivikrupter - tilie period wiithin.whicb-Sir Samuel' Rbnully , s Act confines the non4effectiveness oitransactionr wit* bankrupts. . . The Judge, front t evidence of Co - ombe hiniself, was disposed to think that his transactions with the bankrupt were usurious, but although there was some thing aukiiard in 11* mode of. dealing of the dis counters, be thought it too -.much to say, that they had been guilty orustntiarta there the defence failed. It appeared too, that all the collateral securities had been given previous to the two months before the act of bankruptcy, and there also, therefore, the defence failed. Verdict for the plaintiff—Damages 10301. 21.—Lzz o. CASS. This was an action by the assignees of a bankrupt of the name of Easton, to recover penalties under the statute of usury. • The circumstances were these :—Easton, the bank. rupt, being in want of ready money, West CO three [several occasions to Cass with bills drawn at six and three months, with a request that thedefendant would discount them, and give cash or bills at a shorter -date:. Cass at first sent him to one Barkley, but the transaction with this man could not be admitted is evidence. The *suit, however. was, that he return ed to Cass, who agreed to discount a bill drawn at six maths, at 5 per cent. per annum discount, and per cent. as a guarantee for the acceptor. Upon thivprestiple- he, discounted two others, 'with only a little variation in, the rate of the guarantee. The bankrupt said he had no doubt of the bills being paid when due, but that he accepted-of the guarantee is order to get them discounted. I Mr. Serjeant Btsr, for the plaintiff, contended, that was beyond all question within the statute, that this sort of guarantee was altogether unusual with respect to bills, that these bills were accepted, the first for upwards of 9001. by Hyman, Cohen, and Co. the second for about 4001. by Moses Da osta and Co. the third for upwards of 1001. by another house of high reputation, and that no one would have thought of seriously insuring in this manner, against a loss from such houses, which were known to be among the most respectable in the City. The guarantee be held to be a mere cover for the usury, and if the sta tute could be defeated by such expedients, it might as well be blotted from the book. Mr. Scrjeant COCKELL defended chiefly on the ground, that though the solvency of the acceptors of the bats was unquestionable at the time, yet there was undoubtedly some risk, especially in these critical times, and for taking upon himself that risk the de fendant had a right to be paid. The defendant, at least, conceived so. There was no intentional viola. tion of the law on his part, and he trusted, therefore, that the Jury would find a verdict for him upon the general issue. There was a particular objection, how ever, with respect to the second bill. The record stated the money for this bill to be pai d on the Bth ollgovember, 1807, whereas the bankrupt, in his evi. dessce, was uncertain whether it was on the Bth or the 7th. sir . JAstss MANSFIELD, in summing up the case, stated, that the whole resolved itself into a question of usage. The Jury would consider whether it was customary to guarantee bills in this manner, and find ,iccordingly. The Jury retired, and after the lapse of an hour and a half, returned, finding a verdict for the plaintifion the first and third bills, making the penalties in all about 30001. On the 13th instant a radish was dug up in a pr• den at Ashford, in Kent, which measured in girth 31 inches; in length S 4 inches; and weighed 20 pounds. Its top weighed 14 pounds and three quarters ; so that its whole weight amounted to 34 pounds, three quar ters. A few days since a Coroner's Inquest was held at the sign of the Lord Nelson public-house in Somers- Town, on the body of a child fi,und drowned in a pond near that house, wrapped up with a brick in a piece of green baize ' • when the Jury returned a ver dict of Wilful Murder against some person, or persons unknown. --- Tuesday as a boy, named Meadows, was sliding on a pond at Bethnal green, the ice broke under him, and he was taken out apparently dead, and conveyed to a neighbouring public house, where the resuscita tory process proved effectual to his restoration. Friday last, was found dead a little. distance from Gainsbro', Mr. G. Mowbray, of Stockwith, Custom house boatman. He had left Gainsbro' the preeed , ing evening for home, and was supposed to have lost 'his way ; the night being very dark and cold, and he ht an intoxicated state, he was frozen to death. On Saturday night, at Chatham, during the re markably high tide, accompanied with a heavygale, a boat with two Men was dremanearly as far up as the second drawbridge, in the fossenear the gun wharf, wee the sentinel hearingthem-ea/Nut for assistance, procured 'ropes and men from- the guardroom ' - and :dragged them up,nearly frozen t. death : their recce as still and doubtful. tween fiv e six ovoc lcon 4ttard ay morning, ; small dwelling house, baaknprn tilt piles on .the side of the Sutton Dm* adjoining the bridge near :the. Sugar-house,.at linttgave way; and a great part , of it was. precipitated.info the water. The wife and four claiklren of .the owner, were in bed in a Timm which ;very fortunately escaped the fate of the rest of the building ; but the principal part of the furniture of these poor and industrious people, and the earnings of their hard' labour were lost.- The Ticket, No 3,256, drawn on Tuesday last, a Prise of £20,000, was sold In One-Half, One carter, Ono.E.iibtb, and T w o Sixteenths; ant 18,318, drawn a Prise of 115000, was soli in Sixteen 16ths ; likewise, 7,391, drawn the same day is p t k w of .2500, was sold in Sixteen 16:111, by Sir J: BRANSCOMB and Co. at their Lucky Lottery °laces, No. 11, Holborn, 37, Co:shill, 39, Haymarket, St. James's, and 969, Strand, where No. 7,081, entitled to the first Grand Prise of 500 Tickets, was pid in One-Half," One-Quarter, OntrEighth, and Two 16th,; lik e wise, the three .1500 Prises drawn the first Day, wer e sit pad, shared, and registered at the above Moe, where Tiebeee and Skates are now selling, warranted sedeesein, acid the Isms nate holders of the above Shares mayeatink diel ef met respect ive Prise Ou demand. Please - 9P absents, ibaswere bet two days to draw , and.tbree xx , opo 'dem gob a-1911atoperosn of ether Capitals. • •,~r ~w~ r, d t R ."