Star. — London, England, 1822-12-17 00:00:00

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In Two Volumes, linse. price 14s. boards, • • • . , '' ..i.c4+ l .• - - • CONVERSATIONS 66 'MINERALOGY t• with . ~ .TS ,o,rt, i Weintif .4.41 . e.putty., erculing Plates, engraved by Mr. and IMO lArvirr, froM Osillital Drawinp, comprising .npwards of 400 Figures of Minerals, in-. and lie °Malta be" hie#lllll- ' 4efaill .4il,4c.ts. brebepn alrear. disclop ‘ ci r : lit'ieill i ige •l' , 'l ttota to ttglf4 r g i Ms es, ...tysi i shed ; ,and he liati nO4- , away beuitfitriashedyfia.t.cbeJtksigeV., the . Publieb sr w • ... .. h e sa id eluding twelve beautifully colouredSpefineens.s * ' be recolleciacl: C . a has been •' • . 'b 4 —Fr A . 4 a order amen jr the • -• , - GT - T. -ifi. ... r . E h 11, 711 4 s PA,,'Y P9x l pVs . .,ppttter nates atonic'', Printed fir Longman, Harsh , Ornte i and Brim% l'a-• Cour4 'trea* the t aft• India Compatifte pay : - met., on - be oxalate& as 'am it zein . tole , ' chat tls • • t: ternester-row ; apd sold by J. Slime, los, Strand. certain iiiiiiiiilvlr. Huirer. to. defter •, she expense ••cif --* -I —_f ' . ' 7 :2_ : v• _ r; - .. , .r4..: a.. -•• fsamottAn. ,tiock ..•• , k , , • . - • , ' . . . - . • . . • - . • • . . Pic Celt • • • - a . •,• • . . • . 40 0 ... • - ' .r. , . . It % : . . • . ~/ - . , '•••• : s , • - . . ': ..41i i is - .. . . , 0.0 % ) .. . • • . . • -,,,-.••• z.,„e„:g ~/.‘,/:, - - ..,;-. . • , •,,,, • . N. 5- . .• 7 • .• - • . - P• . 1 '' "A ow, . ii{ ,t . ..." .. /I or P . . • .. i ti G, cO.l _:4",Xfscit A k t, - ,i1....x.,..,.,:.,..,,k,.., , ~,,,.:,..:... ...., , , •,- -1 17 ,1 /: 11 . 117 :: 7 . ''': - • • .-. .. . . . o i?) e- . -, ''', '•• ! , - • . 1, , 4 1j. ..- - - . . . - t - CeEMIIER 1 V 3 122 • . . .., .. r • . . .. . ...... . ...... .z.::::.:....... . . . , :La- Kt CI4, 4 .EVAN.-P*I:4•CE. ......,... . . . , . • • . IrfarinquArcaphoxs potbal, pAct§..., Pour . Was in polieilailt 'irtilii4e . - knistion rniifit . . 4.4. • a. la •A• •• • • •• •.• , . .... ' .aa••\••111.. 41. 17.. • ':' : ..'' . ' ..:'. • alp_ be defiled. . , I ' lIL AWOIPA MP 0.711110 e MUT lOWA COMPRI?! *IOTTIRJLOr V t• with .; x i . titildoifivoitiea t ed 0 - 4 Wehajf or slie.parm, R Orillieal 'Fbis c ia e i nt i b eige hie,vitmay .; before the, Pnblic b tv i„,. 6 r/s4frras established ; end heliad Ivo 44... ' inetals, in.. and :aktalne.o. t i ye,becn already. disclosed' . It . *ill' • . - r."7 1 , .f .., ........ .., .., . , . . _ • itlcttog,tl . op etnitxturnished molt cbeJu,44` be recollected ; at an order has been giVenbr the notes,. ;. illfW4.l op.tY iniinft_flat ttese notes should': rims, Ps-- Court, dire ti die t est • India Competirtn Par a'' bcr t iati A lg t i.a s eafly, 4 iia a b le , , th at Ale impor.tOnt: t ....—....... certain iiiiiiii'Mr. Baiter. to delta the ' expense of c i urist i Q a cnight be, deCidegi :t flis re'spi(s . 'were, tlia l t . . CPS.. the of sixty Lascats to Indies mu of fult4 in theta wks a very Old Witness to be exatitinea itA. t ki: the Coniisakp's , hands. • • •". • '. -• • cam . and an accoont ming hP tocisk.whio: ari)o44: a. 14e. §O. . , .. . tiff:ttiiret so i n l: u p c o 6 Vi oi lll th Ov e e or tt 4 o er n the of tipo4 the life of one of the ! 'piiitie.t. .71,_ ''. hich no-'..ll.o.V.lFi l ..e'ffa.•••-sc,e4qa said, he wtkint direeellis2 r a he rt Court aftile as a i d n i :. Word ,,„ d , rested the payment of thernoney to Mr. Baxter by-they Sicretary, to. make intnte o. li t aAe 'application - Tor the ' y L itt : rsw i Eett India Conitiaity; for the passage of thel l asettt!, j u a g e s nqt o s , iaiit:*oul4 4 gobably 4e,.prepared to S.A. I. be discharged t . that it be declared that Mr.-Baxter is, hear tl}e. aßplicaOn by neitleal. , s. . . entitled.to"no.compensation.for sending. the Late:ars ...• - ~ . . •••___.___. ____,_,.. , •t . . . 1. T iv a u t r t iat a: back to India; and that the defendants - be directed to :. CO OCOV wo V'PLeAS DE d 1 . 6: - -.4 I . ..• . , in flaw to the elliantii!tlis. eniri .1' ARC!. Milne:. the , • _W.! .‘ • N 'TI I 7Ol :• • •• • EAST INDIA . HOUSZ. Ootoeor'so, 1. THE COURT co DIRECTORSofthe UNITA 1 C011P.43/Irtf MERCAUATS I ENULAND trading EAST LVDIES, do heroby girl Notice, That a QUARTERLY GENIERAL COURT of the e Q mpany win, be held at their House in I..codsuball-street.. WEDNESDAY, the 18th December next, at Eleven o'Clock t h e Forenoon, Dar the purpose of declaring a DIVIDEND . cro Midsummer last to Christmas next. JOSEPH DART, Secretory. Inuir, 16); sh ed. ..Iget ~that,thes , /. should" ; bp,,, lAh‘i.' . . lif '.. lile. Oat Ate importOnX: cluAttiOn Fight. be ' egAis riSons .. wpre, that' . 4 r ths* . wsks a very Old' peas to be examined in', die( cam, and an account nog* talcAl t lvitidt 400 . 44' upon the life of one of the,pitties. .71 ~ . • Viat;.V.i9l•olA*C.Eyi.Ctit sajd.„ .7 he sedirGl direct Isis,' . Secretary. to make iMote, t liate 'application 'for 'the' Judge's nqtPs, AO, Sequkl•jobably qe, to prepared hvir . t4e. aßplicglion by nest al. s ~. • • . COURT OF' CO 4 100.V'PttAS, DF( 16.. ...i....imie PIARCIII V. MASON.—NEGLIGRNT DRIVI!4O. 'Mr: Sesjeant Pzu.saiii,- this was an action to reco ver gompensatiim in damages for. an injury sustained. • by th)t.negligia driving of the defendant's servant,. Il ie w ii tillict i l t ie phtainvtiff hac ed of t l i :i u s se arm b , of it ro f k o e r n tli a e nd was rest of his life. 'The plaintiff is a vellum-binder, the de fendant is a wharfinger. It would appear in evi dence, that on the . 2*lrof December last, the plain if, accompanied by a fiiend, was walking along vila stcheap. Defendant's servant was passing along, driving a waggon. A brewer's dray was standing by the side of the way ; but it would be proved that there was full room for the defendant's servant to' pass -with his-waggon, if he had been careful. He, however, drove negligently on, by which his waggon Struck against the dray -cart, which struck -the plain tiff, knocked him against a post, and shattered his' arm. For this the present action was brought. It vtts true, the defendant was not personally a party 'ter the transaction. No blame whatever was attri-* butable to him, but in law he was answerable for • FA MILT SH A KSPB A RE, ON • LA ROE TYPE. This day was published, in .Eight. Vols. Spa price ,C 4. 141. boards, the Third Edition, of rIPHE FAMILY SHAKSPEARE ; in which no thing is added to the original Text t bat those Words and Eapressions are omitted which cannot with propriety ba :read aloud In a Family. By THOMAS BOWDLER, Esq. F.R.S. and S.A. "We are of opinion, that it requires nothing more than a notice, to bring this very meri - orions publication into general circulation. " It is quite undeniable that there are many passages in Sbakspeare whith a father could noprakd aloud' to•his children, a brother to his sister, or a Gentlerihn to a Lady. "'Those who recollect such scenes'must all rejoice, we should think, that Mr. Bowdler hat provided a security against their recurrence ; and, as what cannot he pronounced in decent com pany, cannot well afford moth pleasure in the closet ; we think it is better, every way, that what cannot be spokrn v ard on* not to have been written, should now cease to be- printed." . -- -FAlinh. Review, No. 71. Printed for Longman, Hurst, Ree 4, Orme, and Brown,Lontlon. The Edition in 10 Vols. royal 13mo. may be had, price 3L 3s. EAST INDIA IHMYSE, Oitegir3o, 1822. frit: COURT of DIRECTORS ?f the UNITED r o3fP.4Arre MERCHANTS o f . ENGLAND, trading •• I:AST INDIES, do lier!by gine 21,-41tice, 1 • That the TRANSFER BOOKS of the said Company's Stock rill he SII UT on TUESDAY, the 3d December next, at Three o 'cl oc k, and OPENED again on THURSDAY the 16th Ja• nuary, Anti that the Dividend Warrants on the said Stock, due on the .;th January, 1823, will be ready to be 4etivored, on Monday the Gth of the same month. JOSEPH DART, Strretary. NAPOLEON'S GREAT WORK, , • rly ready fur Pliblicstion, the first Two Vols. in R,n. cnn a Fac-sintila and four Plans, in French 245. English 285. IEMOIRS of. tbe HISTORY of FRANCE during the REIGN of NAPOLEON, DICTATED I , die EMPEROR at ST. I-I ELF.NA to his Aides-de-Camp, unts MONTEIOLON, BERTRAND, GOURGAVD, &c. ;,1 published from the Original Manuscripts. Preparing for the Prejs, and soon will be published, In Quarto, the Fifth Volume of THE REV. DR. LINGARD'S HISTORY OF: ENGLANI). This Volume will comprise the 'Reigns of the Sister Queens, MA2Y and ELIZABETII. The liieign of Mary, though short and inglorious, is not devoid of interest, and the Restoration of the Catholic Worship, the Persecution of the Reformers, and the Conspiracies idd Insurrections of the Discontented, are subjects which will claim and engage the attention of the Reider. The long Reign cf her successor, a Reign which occupied nearly the half of a century, will offer to his vie* a succession of still more interesting events. He will observe the steps by which Eli zabeth abolished the accent, and introducedthe reformed, hierar chy and worship; the severities with which she repressed the discontent of the Catholics and the intemperance of the Puritans ; her ambiguous, and often unjustifiable, conduct towards the un fortunate Mary Stuart; her intrigues with the Scottish. French, and Flemish religionists ; and her wars, the consequences of those intrigues, with their several Sovereigns; the extension of the English commerce under her auspices ; the triumphs of the Eng lish Navy over the formidable fleets of Spain; the successive rise and fall of her different favourites; and the cares, the sorrows, and the despondency of her declining age. It is difficult tO imagine subjects better calculated to interest the feelings of Euglishnoln. In the composition of this Volume, the Author has carefully Compared the narratives cat preceding writers; has perused with attention the many collections of state papers belonging to the period ; and has frequently consulted the dispatches of the French, the Spanish, and the Imperial Ambassadors. Hys satisfied with the result of his researches:—they have enabled him (so at least he flatters himself) to elucidate much that has been thought ob s'ure, and to discover much that has been hitherto unknown. Printed for J. Alawman, Ludgate-street, London. CORRECTED BY HIMSELF. Pcintvil for Heury•Colburn and Co. Conduit -street; and M. I; 1.. c. and Co. Great Marlborough-street, Nearly ready for Publication, in Svo. French 18s, nd English 21 s. TOURNAL of the PRIVATE LIFE and 'CON ./ VIMAATIONS of the EMPEROR NAPOLEON at sAisr HELENA. By the COUNT DE LAS CASES. , the acts cf his servants; and it was natural the plain tiff should rather look to him for compensation than to the servant himself. Mr. Baldwin g a brewer's clerk, whet accompanied the dray, proved the facts as stated by the Learned 'Serjeant, and added, that when he remonstrated with the driver of the waggon uron'his negligence, and demanded his name and the number of his waggon, he said he would be d—d if he would give either, and struck the witness a blow in the fa:e. Witness was satisfied that he (the defendant's servant) could have passed the dray with ease, if he had taken care. The other witnesses corroborated Baldwin's tettimtiny. I . . Who can pretend to know the Emperor In his character of pi irate ill In better than myself ?—I, who was with him during the two mouths solitude in the desert of Briars.—l, who accom panied him in his long walks by moonlight, and enjoyed so many hours in his society. Who, like me, had the opportunity of choosing the moment, the place, and the subject of his conversa., tien? Who, besides myself, hoard him recall to mind the charms of his Iwiyhood, or describe the pleasures of his youth, and the bitterness of his recent sorrow? lam convinced that I know his character thoroughly, and that I. can now explain many cir cumstances which, at the time of their occurrence, seemed diffi cult to be understood."—lntroduction. Priertecl for Henry Colburn and Co. Co ungeAnd Co. Great Marlborough-street. ; and Btu- Two Medical Gentlemen were called, one of whom attended the plaintiff in St. Thonias's Hospital, and the other afterwards. They stated the nature of the injury. Plaintiff's arm was now recovered in great degree, but it was still stiff, and it might be a long . lime before he recovered the use of it. Mr. Serjeant V"AUGII AN, for the defendant, admit ted that a verdict must be given against his client; but he trusted the Jury would be temperate in award ing damages. No personal blame could attach, or was imputed to the defendant, but it was his misfor tune to be responsible for the act of a negligent s , :rvant. Lord Chief Justice DALLAS summed up, and the Jury gave a verdict fir the plaintiff—Damages £lOO. On the Ist January, 18E1, will be published, The First Number of a New Volume of Of whortfmay be had, the four preceding Volumes, price £7 In boards. Turn NEW MONTHLY MAGAZINE; contain . Ling, more; many other highly interesting Articles, a co t .11c ACCOTINT of NA PIILSON'A GREAT Waste, and LAS CAM' rcr..AL of the PRIVATE LIFE and CONVIILIATIONs of the Eurs- LOS at ST. HELENA. METHODICAL CYCLOPEDIA.-HISTORY. On Virunaassav, the Ist of January, will be . published, the First VOlume of A COMPENDIOUS METHODICAL CYCLOPEDIA, This Magazine, which was commenced on the lst January, !c 2:, on a new and very improved plan, has the advantage of conducted by a Gentleman of distinguished eminence in * t Literary Word, aided by an extensive circle of contributing , Ttiendi, among whom are also many of the first celebrity in the Republic of Letters. - TbooniyWork of the kind ever published in the English Language, at Mi. 6d. in boards, and 121. calf gilt,•consisting of ADICTIONARY of UNIVERSAL. HISTORY, with a SUPPLEMENTARY DICTIONARY of PO LITICAL ECONOMY; illustrated with nips, and twenty superior Portraits of Historical Characters. By a skilful arrangement in printing, this Volume and the ele ven others of which this Cyclopedia is to comist, will contain as much Letter-press as any Octavo Dictionary usually sold at more than double the price; and as every Volume will complete its own subject, and constitute on that subject the best book of reference in the Lantstage, it is presumed that the series will be found to be the most useful ever printed. The several Dictionaries will comprise the following subjects respectively, andwill appear as nearly as possible at the dates indicated DECEMBER 16.-.-..POINGDESTRE V. BELL. Each Number contains about IEO pages of letter-press, hand s,,rntly printed (comprising more matter than is usually con -I.:fned in an ordinary octavo volume), one hundred pages of wh:ch are devoted to ORIGINAL PAPERS, on subjects of Literature, Philosophy, Morals, Manners, &c. and the remain iag fifty to a Review of, all interesting New Publications, Fo reign as well as English—Biographical Notices of Distinguished Characters—Essays on the Fine Arts, Music, and the Drama— Liatrary and Scientific Varieties—New Inventions and - Disco. p:rilt--Rural Economy—Meteorological, Agricultural,, and Commercial Reports, Political Events, Important Occurrences, and Domestic Incidents throughout Great Britain, &c. &c. • Those who desire to commence this Work with the New Y , -:.r, are requested to send their Orders forthwith to any Bunk- Stationet, or News-vender, in their neighbourhood, by wilom it will be regularly supplied. It may also be regularly ,;:e1 to Friends abroad, by application to the General Pcist or to any local'Post Maiter. London : Printed for Henry Coltrurn and Co. Conduit-street; D:11 and ikadfute, Edinburgh; and John Cumming, Dublin. This was an action against the underwriter to a policy of insurance effected on a cargo of maho• gany shipped at Honduras, on board the ship Robert, for London. 2.CHEMISTRY, MINERALOGY, and GEOLOGY. -Feb. Ist. 3. MATHEMATICS and NATURAL PHILOSOPHI. -March Ist. S. TIM ARTS, U.eful and Ornamental.—April Ist. 5. BIOGRAPHY.—May Ist. 6. GROGRAPHY.—June Ist. T. LAW. , —July Ist. 8. M ElHel NE, SURG F.RY, and PHARMACY—Aug. ist. 9. THEOLOGY and ETHICS.—Sept. Ist. 10. NATURAL HISTORY and BOTANY,—Oct. Ist. 11. METAPHYSICS, LOGIC, and the BELLES-LET TRES.—Nov. tat. 14, ARCHXOLOGY.—Dee. Ist. Printed for Sia Ricnaan PHILLIPS and Co. London; and to be had, as published, of all Booksellers and Newsmen. This day was published, price One Guinea, in boaids, THE ENCYCLOP.EDIA METItOPOLITANA, Part Vil.—Containing, among a varietyof other Articles, t:O2 following : Pcaa Scmccs--GramMar. Maas arm Arri.trn Scisaccs—Plane Astronomy, completed. "autical_Astr?nomy. Nlssmtir 41.251 BIOGIt A PKT.—Seerates--Greetc. Philosophy—. Archimedes —Greek Mathematics. Grecian Eloquence. Alex ander the 'Great, Dionysitis the Elder, Dionysitis the Younger— . Disoertititin on that Credibility of' the Early liontan Theory. Ilandlcar.Barca.—Firut Punic War. Hannibal.—Se rood Punk War. • • •• Miscaaa.sizons—Asia. Assaying, Astrology; Athens, Afters lia, Austria, Automaton, Baal, Babylon, &c. With the usual ;union it the English' Lexicon. rf A few copies are printed on superfine royal paper, with proof impressions of the plates, price Xi. les. in boards. Printed for J. Maw man ' • P. C. and J. ilivingtdai ; Baldwin, Cradocit, and J oy ; •Slierwood, Neely, and fones;' 4 o. and W. B. 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Ad FiJem Matniserlpioruns Notaree Gins ser:a adjecit C. J. Blombeld, 111). • • Euastusts Alcastrw. with Nutes Py J. 11. Monk, D.D. Sa. each, boards. T. I.sen Owssetla • lirsewiets, with Notes by Irkt: Cre os vols. evi: £Vi ls. bouKla. . , • TOOTMACHZ AND EAR-AMIK D - , - • ERRY'S ESSENCE itas,received the sanction and support of 4e most distinguished Personagei in the Kingdom, together with the united testimony of the first Physicians in Europe, and numerous favourable comments in highly respectable Medical Journals, where ithas been declared to be the "best thing ever discovered for the Tooth-Ache and Ear-ache." It instantaneously relieves the most excruciating pain, preserves the Teeth sound and firm, prevents further decay, effectually cures theacuroy iu the Gums, fastens loose Teeth, sod renders them fires and serviceable to the ,rarest period, and of ec.. wally prevents the Tooth-ache. "Sold in bottles at Is. lid. and 2s. 9d. by Butlers, Chemists, No. 4,Cheapside, Sr.. Pau `s, and 220, Regent-street, (near the Argyle Booms, London ; 20, Waterloo-place, • Edinburgh ; 34, SaavilTe-Street, Dublin and by the !principal Perfumers and Booksellers throughout the United Kingdom. fi . SAKE'S GENUINE PILLS, justly famous for LI curing, in all its stages, the VENRREA T. DISEASE One small Pill is a dose, and the taking of oee Box, in a recent case, will soon convince the patient of the certainty of his speedy recovery. Nothing can be better contrived, more safe, or inure convenient than this Remedy, for such as are obliged to go jonr nies or to sea, as it needs nu confinement nor restraint of Diet and sixty years experience (in an extansive practice) has proved • that it will effect a Cure when repeated Salivation.aud another methods avail nothing. For the Scurvy and other Chronical this Mettieine has sot its parallel. Upwards of 40,000 persons of both sexes have been radically cured of thc above cruel disorders, within the last eight years. Pictured and sold by the sole Proprietors, T. TAYLOR and SON, a lentlietit ~1 the Royal College of Surgeons .at their llottse, . NQ. 6, .New UriQe-street, in Boxes of only 2i. 21 each, duty included.—: N. It• Two back doors, and Lights in the ,Passa:es at nigh%—e They are also sold. by theit• appointment, with copious direc h tions, at the Toy-shop, :03, Oxford-street; .)le..Dishormigh'e,,, No. 7, Fials-strait-hill, nearly uppoAte the Monument ; and by one Person in every considerable Town is great Britain and Irela,!.i. Advice gratis to Persons takimg-the. able* ettither the liroprietor's Medicine!. . t..: -14.flts4s. Ocopetted , 4 tia. 9 8 reettog ...a Company' to certain SnitSO:Mr. Baiter to- defray • the expense the pairesigolif sixty Lascars to Indies out of funds in the Coniissifshands. • • • Mf.:119/Po4 now.moved, on the part of the plain.. tiff, that so much of the order of the Court as di rected the payment of themoney to Mr. Baxter by-the. East India Conilsiiiy; for- the passage of the'Laseats, ilse discharged ; that it be declared that Mr.B.ixter is, entitled• to' 'no. compensation. for sending. the Lascars back to India; and that the defendants be directed to pay to the plaintiff the sum of 6651. beihg the•ainotint, of the wages of the Lascars advanced by the plaiotiff.: The order of the Court had been granted under the Understanding that it atras the intention of Mr.Baatet., to ship the Lascars off madiately to India; brie, so far frons.heeiog complied with this undertaking:oe Lascars were now in England, anti not fOil several weeks. Mr. Baxter had: stated his-intelall flied to ship the' men off by the Asia. This vessel ltd only just arrived in port to refit, and several weeh must of course elapse before the vessel was ready to sail. A vessel called the Melpomene had'hist - week sailed for India, and Mr. Baxter had positively re-' fused the plaintiff's offer to give the Lascars a pas sage in that ship. The consequence was, that the men still remained in England, and were so irritated by die manner in which they had been treated, that they were in a mutinous state, and Mr. Blanchard was in great dread lest some injury should be done him by these desperate melt. It was *ell known what characters these men bore, that it was their constant practice to carry knives about their persons, and that, when once roused, their anger was not easily ap peased. It was, then, under these-circumstances that the plaintiff applied to the Court to discharge its order. With respect to the wages which had .been advanced by the plaintiff, he had been induced to do so in consequence of a very severe and threatening letter which had been sent to him by Mr. Clarkson, a very active agent, who had acted on behalf of these seamen. This letter was dated the 14th of October, and Mr. Clarkson there stated his intention to seize the ship Partridge, unless seven months wages were advanced to the seamen. On the 19th of October an agreement was drawn up between the plaintiff and Mr. Baiter, under which the former agreed to ad vance the money. The plaintiff now applied for the repayment of this sum, as Mr. Baxter had not chosen to comply with his undertaking. The Lascars still continued in -England, and the plaintiff would be made liable to pay the wages now accruing, owing to Mr. Baxter's non-compliance with the agreement. The VICE-CHANCELLOR did not see how he could interfere to compel the repayment of this money to. the plaintiff, because it would be a relief against the' agreement entered into between the parties upon an interlocutory motion. The dispute inter alia re spected a sum of money in the hands of the Eas. India Company, and he could only apply a certain sum out of those funds in the hands of the Company to defray the passage of the Lascars to India. It would be in the power of the plaintiff to call upon Mr. Baxter, by a supplemental bill, to pay him the ex pense of the Lascars remaining in this country. Mr. HORNE said Mr. Baxter had completely broken his faith with the parties, and he was entitled to no compensation taken from the funds in the hands of the East India Company. It was on this ground he submitted his present motion to the Court. Mr. Heatn appeared as Counsel for Mr. Baxter, and observed, that many of the facts of the case had been grossly mistated by the other side. The fact was; that Mr. , Blanchard was the only one to blame in the whole transaction. With respect to the 'ship Melpomene; it was distinctly proved by the affida vits, that there was no room left in the vessel for the Lascars, and this was the reason why they did not take their passage in that ship. The plaintiff had answered the objection of want of room by saying— " Oh, these black fellows (meaning the Lascars) will lie about the deck anywhere." Was this proper treat ment for men in this inclement season? and was Mr. Baxter not right in saying that they should not sail in that ship ? It would have been the height of bar barity if any other course had been taken. These men, who had been stigmatised as little better than murderers by his Learned Friend, were many of 'them men of education; and could speak four or five 'European languages: nor did they carry knives about diem, as had been most absurdly imagined. He con- tended that the order made by the Court was a highly just one, and-ought not to be discharged. ' The VICE-CHANCELLOR thought, that if the words " without prejudice" were added to the order for the payment of the money-by the East . India Company, it would bedoing justice to both parties. Mr. Howie would have no objection to the money being paid when the ship was actually ready to sail, and the men on board: The order might for this purpose be suspended, and every object would thus be answered. • The Vic a-Cti ANCELLOR then directed that the order for the payment of the money to Mr. Baxter be sits pended, with liberty to Mr. 'Baxter to apply by affi. davit when the seamen were on board, and the Asia was ready to; sail ; and that the payment should be without prejudice to the ultimate i ights of the parties. , otteAl? fu.:ugAD• Mr: . l3ett,• in this case, tnOvecf the Court to direct ail issue. to retry the cause in the Court below. This was a question - of legitimacY•tried before Mr. Justice 'Btu-rough,' ifs the (;cart of Common. Pleas, and the . Jury decided in.favoUrr Of the legittrnacy of the party. 'The'PresS4Neintatiois was founded Upon an alleged % legal Wisi* Centmi;ted *by' . the Learned Judge jut summing op to the Jtiry. It would be necessary that fuivished :with the Le.irned. •.1444. 4 i-Oziettis:tilei tried the wise r ond whim his ;Lio b _ . Mr. Serjeant LENS stated the case to the Jury: It would appear that, in consequence of very bad wea ther encountered after leaving Honduras, the Robert was obliged to put into the Havannah. There the Captain endeavoured to get her repaired: but on ex amination it was found that she was so much da maged that it would cost more than the value of the cargo. The merchant to whom the Captain had consigned the vessel, had the ship and cargo sur veyed four times, and after these surveys he thought it was best to sell it, fqr the benefit of all concerned. The sale of the mahogany produced Antic three thousand pounds. A great part of it was dasnaged by salt water, and would if kept be liable to be worm-eaten. It would have taken six months to : re. pair the ship if there were means of doing so. The person .to whom the Captain had consigned had riot those means, and therefore he could not have done anything else than sell the cargo. Under these Cir cumstances, the Learned Serjeant submitted that his client was entitled to recover for total loss. The Captain . died at the Ilavannah, and th e mate took the command. He was now called, and proved these facts. Qu his cross-examination, he admitted that several vessels were at Honduras at the time. Two Captains refused to bring hvme the mahogany. Witness came home in the ship. of one of these Cap tains, and brought some of the mahogany with him, but was obliged to cut some of the pieces to get them down the hatchway. Witness did not ask all the Captains at Honduras to bring home his cargo. • Three witnessesswere called, who pr oved that part of the mahogany was damaged by the salt water, and would have becotpe worm..eaten t ,il kept long. Mr. Serjeant Vaunn . ati, for the defendant, cen tended that the plaint': had no claini for,more than an average loss ; that the cargo had been sold with out necessity ; and that such .necessity should Ise dearly proved before the plaintid . could recover % It was held by the late Lord Eltenboraugh, that . , a greater blow could not be given to.the commerceof the country, than admitting the principle that Cif)- ! tains could sell cargoes without the strongest caseuf necessity. Nothing but the.-most urgent necessity could justify, is Captain in selling in such cases. kle . then, called two Csptains of ships who were, at; _ vannal at the time of this transaction, who prov ed that 'they would hav e been glad to have brought the malngany to England, but they. had not. hien applied to for that pun pose. .- ; .. , Mr. Justice Buipoopin atimme.t . up the evidence, And the ary 1 - 9und a ,Vertikt, the plainCiff loran averaE,c lu.s only, • L, • Ir" 7 .. ; • • •