Star. — London, England, 1806-07-23 00:00:00

1 Prom tie LONDON GAZETTE. ydy 22. At the Court at the I:).Lieen's Palace, the as ft of July, i806.--Prefent the KING'S Molt Excellent Majetty in Council. This day the Right Hon. James Earl of LAUDER /MLR, was, by his Idajefty's command, (worn of his Majefly's molt Honourable Privy Council, and took bis place at the Board accordingly. (xi:uses raLacs, j1.71.1r tt , tBo6. JANIS MORRO, Efq. Micifler Plenipotentiary from the United States of America, having received new Letters of Credence, giving him, jointly with WM. Flocs/icy, Efq. the charader of Miniiters Eztranr• .dinary and Plenipotentiaries from the United States, they had this day a private audience of his MAJISTY to deliver their faid credentials: To which they were introduced by the Right Hon. Earl Sea:scut, his Majelly's Principal Secretary for the Home Department, in the abfence of the Right Hoc. C jaM►s Fox, his Majelly% Principal Secretary of State for Foreign Affairs, and concluded by Sir Sr Corrasso, lint. Matter of the Ce remonies. DOWNING-IrTILLIT, JULY 21, ullc6. The Kira has been pleafed to appoint the Hon. Davos Eismns, to be his Male(ly's Envoy Extraor dinary and Minifler Plenipotentiary to the United States o America. . The Kula has been pleated to appoint General the Hon. Hussy Eowmto Foz to be Commander of his Majefly's Forces io the Mediterranean. The Kiva has been_pleafed to appoint Major Ge metal the Hon. HINAY Gios.da Garr, to be corn islander of his Majcay's Forces at the Cape oh Good Hope. The KING has been pleafed to appoint itfakir Ge neral the Hon. Hearty Gauen' Cray to be Lieute nant Governor of the Settlement of the Cape of Cood Hope. MILITARY PROMOTIONS. WAR orncy, JULY 22. Royal Regiment of Horfe Guards-.-Lieutenant George Antilles Fenwick to be Captain of a Troop, by porthole, vice Bird, who retires, and Cornet George Richard, to be Lieutenant, vice Fenwick. lit 'lceman of Drgoon Guards—Lieutenant Thom as Frog, from the 826 Foot, to be Lieutenant, without purchaft 6th Ditto.-Surgeon Somers Higgins, from the 36 Foot, to he Stir `eon, Wee Sharpe, who retires as half-pay of the tuts Weft 'D ella Regiment ad Regiment of Dragoons—Cornet Alexander Campbell to be Lieutenant, without purehafe: 4th Ditto—Lieutenant Corti& Speddlng to be Captain of a Troop, by pa:chafe, vice Patrickfon, who retires. and Conset Thomas Charles Fenton to he Lieutesmot, vice Spedding. 9th Regiment of Light Dragoons—Captain Charles Ward Orde to be Major, by purchale, vice Goldie, who retires; and Lieute nant Richard Rathbone to be Captain of a Troop, vice Orde. Syl Ditto--Ading Quarter-Mallar Eafterby, from the ad Life Guards. to be Attutant, with the rank of Cornet, vice Jones, appointed to the 7th Royal Vetaraa Battalion. lit Regiment of Foot Guards-..En6gn Hottonrabk Fitzroy Henry Richard Stanhope to be Lieutenant, by purchafe ' vice Ker, who retires, and Enfign Fronds Jack Needham to be Lieutenant, by purchafe, vice Bouverie, who retires. • gilt Regiment of Foot—Major Frederick Muller, from the York Light Infantry Voluoteers, to be Major, vice Et Mine, wbo ex changes. 3d Ditto—Surgeon James Matthews, from the Bth Welt India Regiment, to be Surgeon, vim Wiens, appointed to the 6th Drags:At Guards. 9th Ditto—Lieutenant Thomas O'Neill, from half pay of the 79th Foot, to be Lieutenant. vice Arbuthnot, who exchanges, and Lieuteoant Valentine Fleming. from the 67th Foot, to be Lieu• tenant, vice Leabon, who exchanger. et th Ditto—Henry Mat tin Anemtn, Gent. to be Earl, by pur• chafe, vice Forger, promoted In the 46tb Foot. fi3d Ditto—Second Lieutenant William H. Leonard to be Firft Lieutenant, by pui chafe vice Fletcher, palmated, 34th Ditto—Caputo Rt.h ard Dialects, from the tuts Light Dra goons, to be Major, by pun-bale, vice Gordon, who retires. 36th Ditto Newman, Gent to be &Ago, without purehafe, vice Ledinghaen, promoted in the Cape Regiment. 424 Ditto—Hugh M•Pherfon, Gent to be EnGgn, without pur chafe vice Booker. whole appointment has not taken place. 36th Ditto—Brevet lieutenant Colonel Boyle Travera, from half pay of the late troth Foot, to be Major, vice Knight, who ex changes. 39th Ditto—EnGgn Boyle Hill, from kalf•pay of the 36th Foot, to be Enfutn. vice Maxwell, who exchanges. had Ditto—Entign Richard Mu robe Lieutenant, without put , chafe, vice WODonsid, appointed to the Cape Regiment. Tube Ba6gne—JohnWalter, Gent. by porthole, vice jofeph Wood, who retiree; Hon. Lionel Charles Dawfon, (without pun:hafe, vice Stewart, whore appointment has not taken place, and Alex. lIDTteOUS, Gent. vice Viler. 67th Ditto—Lieutenant George Leabon, from the 9th Foot, to be Lleuteaant, vice Fleming, who exchanges. 117th Ditto... Philip Higginfon, Geot. to be EoGgn, without pun chafe, vice Gregg, promoted in the 88th Foot. 88:h Ditto.-En6gn Nathan Gregg,from tlteB7tk Font, to be Lieu tenant, without pnrchafe. laoth—Captain Honourable Alexander Abercromby. from the 53d Foot, to be Major, vice Bertram, den-aka ; Lieutenant Thomas Windfor, from the 3d °entreat Battalion, tu be Lira tenant, vice Cox, who exchanges. 6th Welt India Regiment—.Brciret Lieutenant Colonel William Carter, from the Bth Welt India Regiment, to be Lieutenant Colonel, vice Sir Richard Baifet deceafed. sth Ditto—Captain William Bowyer, from the set► Foot. to be Major, without purchafe, vice Caner, promoted in the 6th Welt Lie Regiment ; Surgeon Patrick Hutton, from half pay of the tub Weft India Regiment, to be Surgeon, vice Mathews, appointed to the 3d Foot. Royal African Corps—Enfign Robert Chartres to be Lieutenant, without ;nuclide. vice Buchan, appointed to the sith Foot. SaCgri Charles &uglier to be Lieutenant. without parade, oleo ]men Kennedy, appointed to the 7tb Royal Veteran Battaliwa Witefuic Godfrey, Gent. tube EnSgo, vice Chartres. Richard Allen,Gent. tope En g ,vice Kinga 7y. . . . Colrain' Ramfars Regiment—CleOtenaut Aies;riler Ogilvie, from the Royal African Corps, to be Captain of a Lumpauy, by put chafe, vice Mills, who mires. York Light Infantry Voluntceroa-Brevet Lieutenant Colonel Henry Erlidoe, from the Royals, to be Major, rite Muller, who exchanges• 3,1 Liarrifon Battalion-i-Lienteinant Cox, from. the tooth . _ Foot. to be Lieutenant. vice Winthor, who eicitan:ro. Cape ite.ginunt—Echgn George Ledingbani, from the 34th Foot tp be Lieutenant, without purclate. Charles Fotbea, Gi.ut.to be Enrign, without purehale. De Bulkhe, Gent. to be indgo, with Out purehafe Ad Royal Veteran Battalion—Trumpet Major John MLean, from the aft Life Guards, to be Enfign,vwe Brown, placed on the Ret:red Lift. ,th Ditto--Licuttnant William Jones, from the 231 Light Dra goons, to be Lieutenant. Nova Scotia Fencibles. To be Lieutenants--Eatfigns John M'Nab, Rkhaal Defpard, Ti• moth! Ruggles, and Iliac Glade. To be Enfigns—Her.ry Beaver, Gent. vice M'Hals. Alexander Campbell, Gent. vice Dcfpard. Creme Wright, Gent. vice Ruggles: Iten Wentworth Window, Gent vies (genie. New Bruntwick Feneibits—a:hairles Balnatord, Gent. to be U -40, vice Roche, fuperfeded. BREVET. . Major General the Honourable Henry George Grey to be lieu• tto.ott Gaper-II in the army at the Cape of euod Holm only. IMOIL•NDVI4. 1 be appointment of Limited= Almandre Adams, from the id Oareiko Battalion, to be Lieutenant In the 47th Reinvent of 4tcd in ilbcgascitc o ApriliAll,basoc* takers • the Gazette of t►e yd may tat 3d Garriion Battalion. For Lieutenant Thomas FiITCZ, from the 66th Foot, to be Lk ate• nant. vice Adam, Read Lieutenant Thorne' Ferrer, Croat the 66th Foot, to be Lieu tenant vice Fame. Commiffiont in the Argyll and Bute Regiment of Militia, ligned by the Lord Lieutenant. Captain Alexander Campbell to be Major, vise Campbell, promo ted. Dated July 14, ISM. Enfige Marks Jollevllle to he Litutenant, vice Colin Campbell, raised; Alexander Anderfon, Gent ,to be Enka, vice Jolle vale, proasoced. Dated July 16, Igoe. PARTNERSHIPS DISSOLVED. G. W. Hick, J. B. Skelton, Jima Thornton, Thomas teats, J. Holman, of Chcapfole, Lyndon. hat-makers, July IS. Michael Humble and William Hurry, of Liverpool, ihipWrights, June yo, ann. Edward Green and John Higham, of Manchefter, wire draw- era, July 16, t/loti. James Pilling and John Pilling, of Mancheller, bricklayer', March ay, 184. Charlotte Memiseld and William Downey, of New Bond-ftriet, engravers. May 31, !Soo. James Whitclegg and Jofeph Wilhelm, of Manetiefter, cotton.. manufadturers, July s. Robert Taylor, William Radclife, and George Andrew, of Manehracr, dyers, July 14, i 504. Thomas Edward Wier and Abraham Seward, of New Serena, Wilithire, clothiers and carpenters, February :6, Igoe. Dav;.l Glover, Dat lel Glove - , Thomas Olorcr, and Jobs Glover, of Leeds, Yorkitare,merchants and wool hapless, Janet 7, Son. BANKRUPTCY ENLARGED. Augaft at. John Leedham, of Matlock, Daisy&lre, Innkeeper, at ten, at the Kedlefton Ina , Derhythint Auguß 2z. William Davits, of Holbotn, Middlefts, limn-draper, at ten, at Guildhall. BANKRUPTS. Anthony Cheatle, of Oefeed.arcet, butcher, to forrender July 16, Auguft 2, and September a, at ten, at Guildhall Attorney, Mr. Bennett, No. 9. Wormwood-React, Old Broad-Rivet William Sherman, of Pentwi direct, Pentotivllk, pa d& of Saint James, ClerEenwell, ladies floe-maker. July 26, Auguß a, at twelve, and September 2, at one, at Guildhall Attorney, Mr. Denton. Field court, Gray's Inn. Edward Purdle, I Ate of St. James's Walk, Clerkenwell, working jeweller, July 26, at ten, July ay, and September a, at eleven, at Guildhall. Attorney, Mr, George Davies, Warwick area, Golden Equate. Samuel Lythgoc, of Liverpool, tlmber.merchant. dealer and chap man, Argun ay, 28, and Sept. a, at one, at the York Hotel, in Williarnfon-fmiare, Lleayoa Attorney, Mr. Jonah William fon, No. y, Leigh-Brea, Liverpool. Layman Levy, of Commercial Road, Mkidlekx, merchant, dealer and chapman, July 26, Auguß a, at twelve, and Sept. a, at one, at Guildhall Attorney, Mr. Adams, Old Jewry, London. Jofeph Bettie and Thomaa Beak, of Salford, Lancaihire, cotton fpinners, dealers, chaymen, and copartners, Anima i 3, 14, and September I. at eleven, at the Dog Tavern, in Manchefter.— Attornks, Mars. Neatest! and Ainfworth, Meacham; or IVlcark Milne abd Parry, Old Jewry, London. George Rau, of Nottingham, hada., dealer and chapman, July tz Augoft is, and September a, at eleven, at the Punch Bowl, Not . tingham. Attains* Mars. Cutts and Sanders, Nottingham; or Mr. Blakelock, Eimeourt, Temple, London. Jokyla Thomas, of Caddie, Cumberland, dyer, July 30, 31, and Sept. 2, at the Duke's Head Inn, Carlifle. AttOillitS, Mr. Man, Bond court. Waibrook, London; or Mr. Blow, Carliflo. Wiliam Wilton, of Colchelter, Katz, merchant, Amnia 7,8, and Sem. s, at ten. at the Grid% Inn, Cokhefter. Attornies Mr; Spading, Colchater ; or Mr. Cutting, Bartlett's Buil dings, Balboni, London. Thomas Booker, of Birmingham, button-Maker. dealer and del ,- Man, July 29, 30, at eleven, and Sept. 1, at five, at the Swan Tavern, in Bull.ftreet, Birmingham. Attoroles, Mr. Benjamin Parker, Steelboufe-lane, Birsunigbana ; or John Fos, El+ Par liament-ftreet , Weftminfter. homers Brown, late of the Birchlll's Mill, Staffordedre, but now of the King's Bench Prifon, Surrey, miller, dealer and (layman, Auguß as, at Eve, Auguß 23, and September 2, at eleven, at the Littleton Arms Inn, Penkridge. Attornlea, Mars. Turner and Wale, Warwick court, Gray's Inn, London; or Mr. John Haley, Walfall, Staffordthire. George Stacey, Richard Dearman, and Robert Dearman, of Bread !tree, Cheapfide, London, copartners, warchoufemcn, dealers, and timpani), July 29, Auguit i 1, at one, and Sept. 2, at Eta • at Guildhall. Attornies, Mears, Edmunds and Son, kachcquer Ofaci of Pleas, Lincoln's LAW INTELLIGENCE. TO THE EDITOR lIIM THE STAR: Sir—ln the report of a Cattle in your paper of the sth inPr. entitled Kemp.. Scott and Co. (properly &A (silly), it is incotretly Prated that the Aurora, the fhip in question, after the had delivered her cargo of fifh in the Mediterranean, was to proceed toll* Afri can CO4O for-Arm, and front thence to the wei and as the latter part of this flatement is perfealy un true (the plaintiffs having no concern whatever in the Slave TtAde), and prejedicial to their charalter, we Mall be obliged by your noticing the above inaccu racy the earhelt opportunity: at the fame time, we have alfo to nhferve, that Serjeant Lams was leading Counfel for the plaintiffs, and not Serjeant B as Dated, he being retained by the defendant. Sir, your obedient fervants, BLIAIDALR and A AAAAA Dia, New Inn, July 5z,111;6. Plaiatiff's Attornies. COURT OF KtNO's BENCH, JULY sZ JOSEPH WILLIAMS V. JOSIPH !INDIA'S. The Plaintiff is a tea broker in George-II red, Mi. nories ; the Defendant is a partner in the honfe of Sir John Earner and Co. wholefale grocers, in Wood 'flreer. This was an salon for money had and re ceived: Mr. Gas sow, for the Plaintiff, (aid, that however favourable bis opinion might be of the honk in which the Defendant was a partner, he had to expofe a 'cafe which would refleft great difhonmar upon any man in trade in this commercial city. He fhould produce an inftance of molt fcandalous oppreflion, employed for the purpofes of extortion. The prin. ciple of law applicable to this cafe was perfeelly ' clear : if any man pay a fum of money upon an illegal confideration, he can afterwards recover it back is this form of aaiorl. The beti were thefe a perfon of the rame of EASICIOII carried on the tea trade to a confiderahle extent ; the comnafs of his bulinefs being too large for hi, means, he became embarraffed in his circonsdances, and applied to the Plaintiff for atlittauce. Mr. Eaglcton faid, he fh-tuld require conflict-able Ann., hot th it he would con. ttive a -nethod, by whin:. a fuflicient compenfation timid be given to Mr. Williams. The way was, by the file of teas h,l,.ne.ing to Mr. Eagletnn one day, at an inferior p: ice, and the purchafe of them on a future day, at an ;lured's{ tate. Thut, in con. fkleration of a loan of sod. teas to that amount might be fold to-day to Mr. Williams, and put chafed of him the next day at pet. This praflice was not [trial, legal, and the Defendant afterwards conn. dared it as ufutious, treated it as loch, and employed this as a fcrew, by which he fomewhat cruelly Iqueesed the Plaintiff. In this flotation, Eagletna managed to keep his head above water, Williadas f ‘ si.dying his cr e di t " o s as th e demands be came due, by fending his own clerk to pay the bills, nut daring to craft Eniztoa with the miser s even for the haus of payment. Such a nate of things could not long continue : Meffrs. Zanier and Co. and Mars. Con fins and Co. became pretty confiderable creditors, the 1 relief afforded by the Plaintiff was anfufficient, and Mr. Eagleton was arrefted and conducted to the King's Bench. A perfon of die name of Hand had likewife contributed in the fame manner, but all was inadequate to flipply the accumulating neceflities of this dealer. When Mr. Eagleton got within the walls of the prifon, he Goon changed his tone with Mr. Williams, and Paid to him, " Unlefs you come down with a large furn, I (hall inflitute aftions againfi you for tifury, you will be ruined, and my debts will be fatisfied.'"lhe Plaintiff treated this threat with defiance, and the affirms were commenced by Mr. Jofeph Hedley and Mr. John Conlin% who condef cended to appear on the records of the Court in the difrefpeftable charatters of tui Tarn informers. If an affignee, teeing that the bankrupt he reprefents is ruined by an ufurer, proceeds in this form, not for his own benefit, but for the advantage of the general body of creditors, he is, perhaps, jullified in Inch a proceeding : but if, forgetting the itnerells of the cre ditors in general, and to their maniieft prejudice, he fets the law in motion, not intending to admit the tranfaftion to come to light in a Court of Plaice, and merely empinying it as a (crew to extract his own debt, he appears in a very different predicament— Such was the condo.% of this Defendant. Mr.Rigby, a refpedahle attorney, refigned his client, Mr. Cott fins, into other hands, and would have no concern in inch dark tranfattions. By there means, the firm of 9651. os. Bd. was extorted trots the Plaintiff, and it was to be paid in the name of Eagleton, and was to fatisfy, at zos. in the pound, the entire claim Of Sir Jubn Earner and Co. on this unfortunate prifoner:— But more was demanded : 341. t9s. sod. was a claim for coils by Mr. Carton, -vlso (looped to be the agent in the affair. Mr. Clarence, whom Mr. Williams employed to pay the money, laid it down on the table, to the amount of the former fum of 9651. os. Bd. ; the Defendant, Mr. Hedley, keep'ng a hawk'. eye over it all the time, left Mr. Carton fhould put a finger upon it. Having got Mr. Williams up to the flicking point for this large furn, they thought it would be very eafy to let a little more run out, and include in the payment the 341. leis. sod. This at. tempt, however, was ioeffeEtual, and, to ute an ex• prelEon which was fingular on inch an occafion. Mr. Hedley left it "Co the honour of the party." Mr. Hedley, an hour ago, had an infolvent debtor in the King's Bench, now he had 9651. os. Bd. in his pocket. Siseh were the fruits of thefe artifices. Mr. Eagleton was releafed, and thofe creditors, who did not em• ploy this (crew, were - plucked. A commiflion after. wards iffued, and this perfon is now a bankrupt.— Mr. Hedley had (truck a docket againit his debtor, but, after the affair Rated, the procefs died a natural death. In examining the accounts, it was difcovered by the Commitfioners, that this furn of 9651. os. Bd. was paid after the aft of bankruptcy was committed. The Defendant was well advifed ; he thought the lea (aid the better, and he refunded the money...- 4 What is that to me ((aid the Learned Comfit) ; true it is he has paid it back to the bankrupt's ellate, and he is no richer fur it, but my client has paid the money out of his purfe to this Defendant, and has no return for it. lam not at all forry that he has to pay the money twice over ; I am heartily glad that he has fallen into his own trap, and I hope this ' New Way to pay Old Debts' will, for the honour of the City of London, be hilted off the (cage." Mr. Eagleton depoted, that his affairs became much deranged in March dos, when he was debtor to Mr. Hedley, in the turn of 9651. Bd. and to Mars. Coufins, to the amount of about 20001. In this condition of his affairs, he offered them ass. or 155. 6d. iu money down, if they would not proceed againtl him ; but they Paid they would not take 195. s lid. He was arreficd, and put is prifon ;he again fent to Mr. J. Coufins and Mr. Hedley to renew his propofal, telling them, that honelt men needed no lawyers, and defiring that none might be 'in atten dance. A meeting was hat!, but to no purpofe ; :os. in the pound they would have, and they hinted they did not care from whence it came, whether from Maud, Williams, or any other perfun. The witnefs fignifying his fears that Mr. Carton would go on with the toti Tam aetions, even if Meffrs. Coufins and Mars. Earner and Co. were paid, Mr. John Conlin, Paid, " If he dare go on with the fuit after I am paid, I will cut his guts out." Thus ended the in terview, and the witnefs was left to his fate. The aftions, juft referred to, were commenced in conk quence of information the witnefs had given to Mr. Coufins and Mr. Hedicy, relpeding the nature of his conflation with Maud and Williams. On his crofs examination he Paid, that he had property left him by a Mr. Jenkins ; that the will was fubmitted to the Court of Chancery ; that Mifs Coventry was one of the parties ; and that three were concerned in the will. The Court deemed the whole to be a fraud, but he fhould always confider himfelf the victim of injutlice. Mr. Thomas D. Rigby laid, that there was a meet ing in the month of May 5803, at Mr. Eagleton's bottle in Cheapfiste. There were preterit Mr. Eagle. ton and his Attorney, Mr. Payne, Mr. Hedley and his Attorney, Mr. Curio% Mr. Cesfins, and the wit nefs. The amount of Mr. Confin's claim, at that time, was 35461. and of Mr. Medley about wool.- 1 When they entered the room, Mr. Eagleton was fit ' ting with a number of papers before him, and with a volume of Impey's Practice, on the table. Mr. Eagleton detailed a ring !liaise] of his tranfaitions with Maud and Wil:tarr.s, and Paid, it was the left , uiy on which tile penaitics for %dory, on thofe con • corns. coil' 1 be it:coveted under the itiall2C. The I witricfs declined undertaking the tai ?ass aliens, I but Mr. Coulins locked him into the room, and br idled upon his compliance, but he in the legal re. linquifled all interference. filr. Wm. Clarence, whe paid the money to the Defendant, tefiified to fuch payment. Sir VICAILY Grans took an objedion. that both the Plaintiff and Defendant were in isari deaths, in which safe the muim of law is swefier conalitiaplrderuir, and this affirm could not therefore be fupp.rted by the Plaintiff in maintenance of his own wrong. Lord &Aker:ant:cm —•• The cafe in wlrch this matter in ruled is that of Smith and Bromley, in a note in Douglas: it was to recover back obtained under pre.enee of proem il l a place cr I fiee. I will let the eau ego on perhaps they arc nut in pari drliin; the one may be under ti e grinding of the other ; but I will lave the point." jSir VICARY Ogees laid, the Gentlemen of the Jury would now fee how well the Plaintiff was acquaint:d with the mechanical power of the !Crew, the exclufite / ufe of which was attributed to the defendant. Mr. Eagleton was ken to be in great dittrels, and that dills-eft:was occafioned by exorbitant interell being extnrted from him. The Jury had the fad, the vouchers were produced, the mode we, ezplair ed, all was sow expofed in the face of day, and it appeared at lee, that the (crew was applied by the plaintiff himfelf, whn had the impudence to intim& Mr. Gaa. ROW to declare it. open Court, that this instrument wax alone employed by the Defendant. The (crew was unceafing in its adivity, and in the prngrefs of the work, all the money now contende i for in this action, was refunded to the reprefentetives of the very perfon for whom the Plaintiff raid he paid the money. There was no evidence whatever that the money was paid to compound there penal anions, excepting that fupplied by Eagleton,whofe teftimonyrnufk be rejeded, and who was implicated in an affair which had been referred to on the crufa-examination. The precife amount of the debt to the Defendant was 9651. ed. and this was the mat funs paid, fo that the affair had all the appearance of the latialadion of the debt, and not of any cullufive arrangement to avoid the penalties under the flatute. It would now be teen whore money this was. Mr. Clarence raid, that the Plaintiff directed him to pay the money in the name of Eagleton ; thus the plaintiff reprefented the money to belong to Eaglettm, and as Eagleton's money it was recovered by the Affignees in the Court of Common Pleas. The plaintiff now laid it was not Eagleton's money, but his own money. The Learned Counfel could not conceive how any ferious propofia tion could be invented, fo a% to render it recoverable in thi. form of anion. When it was paid to the aflignees, then - Mr. Williams came from behind the fcenes, and laid it was las moues. It might be ca ndled, that after it had been paid a fecond time to Mr. Williams, Mr. Maud would make his appear ance : if a third time it was paid to Maud, the glad! of Jenkins might rife, and fu on, new cl..irtiants might pal. onward, a itfalitune. Lord Etaxmaiaonott, after fumming up the (s -acral fads in the caufe, and applying them to the law in filch cafes, raid. that it the Jut y believed the money was advanced by the plaintiff to the defendant for the benefit of Eagleton, they would find for the plaintiff ; but, if they thought that it c•as fo advan ced to relieve the plaintiff from there affirms for urn rious predicts, they would find for the Defendant. The Jury. haviug.retired for about an hour, re turned with a verdict for the Plaintiff, 9651. ed. M•Xli V. POTTS. This was an anion on a Policy of Infurance on the fhip James. from Jamaica to Brian!. The policy was not executed till after the arrival of the reit of the fleet, with whom the James failed from Jamaica ; when it was known that fhe and another velLI had feparated. By the firft poll the plaintiffs fent up to London, and had the policy underwritten. It ap peared, however, ►hat at this time the plaintiffs might have known that the (hips patted company before the fleet paled the Gulph, and that there was a ru mour that they had been taken. This information they had not communicated tsr the Underwrites, when the policy was execwed. The Plaintiffs were accordingly nonfuited. RICHNIOSOI4 SOVILI aND 01/11/3. This was an aftion'brought by the Plaintiff, who is the keeper uf a granary, fcr the accommodation provided the Defendants, i4l houfmg and infuring 55cao quarters of grain, at 54. per huodred quarters per week. The only queilion in the case was, whe ther the Plaintiff had a right to charge for the whole bulk fu long as there remained one quarter on the premifes ? To fimplify the cafe, the Defendants, af- ter hoofing the wheat as deferibed, drew from it in the conrfe of the fi ft m."-.th near two-thirds of the bulk, and yet it was near fix months before the wbi,le was moved off the prernifes ; the que 11 ion th erefore was, whether the plaintiff was authirifed to charge for the whole bulk during the whole of the period ? To prove that fuch had been the cultom at the trade, leveral granary-keepers were called, among whom were Mars. Dunkin, Jaques, and Whitehead, who all agreed, that if a merchant hoofed a thotifand qual. ter. of grain, and fhould remove coo I f them the Inc ceeding week, yet if the other coo, or any traftional part of them, fhould remain upon the premifes for fiz months longer, the granary-keeper had a right, agreeably to the cuflom of the trade, to charge the original bulk up to the tail period of delivery ; pro vided, .at the fame time, that filch merchant Ihould not, in the interval, have ordered his wheat to be peeled cif, or, in other words, re-mea'uied, in which cafe a new account would be entered inv. and the original undertaking be His Lorslinip and the Jury. however, conceiving this to be ex•remely un reafonable, the plaintiff agreed to refer the caufe, and take a vet diet for the Ipecific quantities, according to their refpeelive periods of hooting, and by that mesas leave the quedion of right and the cuilona of trade undecided. cover OF CtiANCSRY, JULY as. TIIIILLVSION O. WOODIOID The SOLICITS& GINIZAL and Mr. Peacttrat had. on a' former day, advocated the carte of the Plaintiff in this cafe I and Mr. lista. and Mr. Mae.- T►x were this day beard in reply. It was an appll. cation to fat slide the will of the Plaintiff's father, as far as regarded the bequeft to the Defendant, of certain landed elates, on the ground that the teA tator had not the power to alienist: them from the heir at law. For the Defendant, it was contended that it was cnnfonant to agreement between the 'relator and the Plaintiff, that the eltare Mould be bequeathed to' the Deten.tant, on critideratton of pet fonalty, and other Frorerry, to the valt.c of ao,ocol. being left to the Plaintiff; an.i that the Plaintiff could no:, at Duce, invalidate the will, as tar as re i ortlrd the i•lvicit ..1 others, tr , ..1 hiarrelt take the benefit lie ILIJ bi.en intended to h..tre under it : he mt.a t ci!her to relirtioith what accrued t. , hint tirJ:r Futrua,cnt, a, i, ito id, or ~, :' •w its V ly . AS it tie o her The Leen 1...14.1%CL1.1.CR th 'tight I.ch sites as this u....re involved in much wwilecelrary ; bdt 1 i.d he thi , tild *Dismay et:oll,ler. be ~e he over. tut:le.! the dab ine of Lord liardai.kr, alit at pre. eat tivvJ ott the rublret. _ Tue ChaXCcl t then fat upon petitions in baultrup Lc.) •