Star. — London, England, 1803-01-22 00:00:00

ArdthrlCdiL INTELLIGIniCE. FALMOUTH, JANUARY 19. f ' Sailed this day the IhipColdaream, Capt.Duww, for the South Seas; and the American (hip Rich mond, Capt. HATHEWAY, with 4too bands of sour for Litton. Arrived this day the French dogger I'Emilie, Capt. TEILTMIN, from Bourdeaux, with brandy, wine, &c. bound for Havre de Grace, very leaky; the Wheat Sheaf, &Lys', and Profperous, Stitt., ' from Chichefter ; and the Speedwell, Writs, from Southampton. The arrival of the Packets from Lifbon, Ame sica, and the Weft Indies, have been prevented by the very ftrong gales of wind, at Eaft and South Eaft, which have prevailed on the Coaft for feteral days pall; to-day it has been fomewhat More moderate. Should the preterit weather con tiane they may be expeded hourly. Several pipes of wine, brandy, and oak timber, have been wathed en fhore on the Coaft laft even ing and this day.—Wind N.E. —:....t, PORTSMOUTH, JANUARY sr. Arrived the Alt; ur tit.tmes. from Poole. The !hips that failed yeflerday to the Eaftward, are not returned. Sailed the AVillt4N hoop of war, Captain Rt• eaaaosow, for North Yarmouth, to enter feamen; and the HOUND, of 16 guns, Captain MAXWELL, to the eafi►ard& Captain Hosarmaw is appointed to the LIDS frigate, vice J. Haar. The Btoonnounp gun veftel, and Lams frigate, have made the lignal for failing $ the former on a auife, and the latter for a port to enter feamen. A general Court Martial was bold this morning as a Serjeant of the Marina, for defertion, and a breach of public =ft. The ikntenee cannot be made known till approved of by the Lords of the Admiralty. The defence he made, which was touched in ftrong nervous language, evinced him Ma of no mean talents. lie is a foreigner. SHP-ANEW, JANUARY st. IlisMajeity's gun-brigs Bassusx, Aacm ea, and Minx have gone out of Harbour : the two former have failed on a cruize.--The UN 'cola is paid off this day.--Some Gentlemen from the Hon. Eafi India Company arrived here this morning, and have gone to Eallehurch, Layfdown, and different parts of this 'nand, to harelip on information given, for part of the cargo of their late fbip Hianostan, wreckid on Margate Sands, which there is Arong rearm lb believe has floated on !bore there. BRIDLINGTON, JANUARY sp. On Monday morning, the t 7th inn. the He&or, Dem, of and from New York for Hambnrgh, laden with tobacco, kc. drove on &ore on Flans. borough Head, and immediately went to pieces. The crew and parengers, confining of t 9 perfons, mean all raved, excepting the cook, who was drowned in attempting to Perim on more.—Some of the cargo is raved by the illhermen of Mtaborough. FROM LLOYD'. UST. Dais. Jak.iiii4l:4le6 as Isa....Wisd 3.a V. At &bow& Alogstfaiirrili.framt &kiwi* and Harry, ham Mslapoode tar Croak Mauna. Cbaganan. ttlin teh tsuciao.A: Lowland'', Bonk Bowels. hen Clark:" gllanala malt. Sarah. Waa, bum Mciar,—At Bane. lona. Wiliam. Coke. froV i zrall t sad %Mann. 1, 11. 1161114, Imo •SlPuithi•lte Arbsekla. am.% from Diabllou•At oenrung. mu. & Clara. treat Amer& 6 • 1 14. dalakald. lOW to hatualaso mid Hobe, —. from Dartmouth.-At WaNdiad. 'drawls. --. from ° tut_ Adth.c. Mak.frain paths; and Betfcg,= Add. fro n sa cr aebe Hahlrhusk, Andrei!, fmas SkY Laltk. . N.M., from C.adis—At Dourdem, Tan. Cotter, tram New Odom; Three Sifters, Clark,from Martel tan ; and Diana. guard. from Daltkaarc.-At Hants, MU. Attar. Vim his DalogtooAt Mos, Clan:meow —, from Liverpoo&-At Legbarn, lard Duncan, Englifk, front Yar ntoutk—At Goma, Searbarough, Whom from Newfoundland '-At Cork. Joke. A , frost Cbarleftan..oAt Demarara, Paragon. Hart, ham Tie Piker, Pliber, and Harmony, Peek, olliarrington. are bound arrived to Sat Midair, with tie Nottiagbam Fencibies au board, AUL The Providence, Watfan, from Whitebait= for Dublin, was lokon the 6th init. and all her crew. Yellerday the Wretches for Madras and Bengal, by the Sir &gems Leildagton, were linally doled at the raft India Houk, and ddlywod to the Her !Wearers are, for B enga l , Mr. Frederick, Jedeph Dar by. Writer ; Rev. Henry Shepherd and Lady ; Lieut. George Waite.-. For Madras : Mars. G. Mks, Chula Barnett Dar. by, R. Bower, T. Cox, H. J. Bewley, Ja mes Redd°, S. Green, Cadets; Mr. . Catherine Farber', and lAifs Frances Deane. To MAlt I stais.—A letter from Bayonne, of the 28th ult. lays, " The great buoy or mark, which ferved to dire& mariners at a dißance, fituated on our bar on the principal bask, fell laR night, by the extreme violence of the wind. This account is of futEcsent importance to feafaring men, to warrant the espedtation, that all the journalifts. who (hall read it, will take the culla opportunity of infer.ing it in their PublicAtioae." MATCH •OIINST TI X s.—A chefuut hack mare. called Starlet Voss, the property of Mr. Titans, at the Swan, Chichefter, was matched to go thirty miler in three hours, three times in the enurfe of twelve hours, carrying a feather, which the per. formed in hi g h nyl e on Mosel:lp. the grit mft. flirting from Chishefter Crofs, and going to the ts mile-ftone on the Portfmouth Rea aaalows: —tat (kart at fi ve o ' c l oc k, an d return ed at is mi nutes pan (even. Time, two hours. Is minutes. 2d 11222, at 16 minutes pan nine. and returned at 2 minutes pall il. Time, two hours, 13 minutes. —3d flan, at eo minut es p e n one , an d returned at so minutes pan three. Time. two hours to minutes.-.. Total amount of time, Ge hours 38 minutes.—The above match was rode by George Meads, aged 14 years. weighing sa. 71b. LAW INTELLIG &ATE. COURT OF COMMON PLEAS, JAN. n. BARNES D. CRAY. This was an aftion brought by the Plaintiff, a labourer at the Laf India Houle, againil the de fendant, a Poßmafter, and proprietor of the White Hart Inn, at Romford, to recover damages for an injury he had received in confequence of the careleffnefs of the driver of one of his poll-chaifes. It appeared that the defendant, on the evening of the zd September laft, was conveying a truck with force valuable property, along Lombard ftreet ; when he was between Nicholas-lane and Clement's-lane, he made way to avoid a poll. chaife, which was driving furioufly along the firm ; he faw his danger and cried out, but the poll-boy paid no attention to him. The pole of the chaife Truck him in the breaß, and knocked him down. Several perfons came to his affillance, and detained the chaife, in order to be informed to whom it belonged. It turned out that the man who drove it, was entrufted with the conveyance of the foreign Mail; he had received it at the White Hart Inn, at Romford. The poft•buy had never been ufed to drive through town, and there fore he entrufted the reins to the man who had charge of the mail. It appeared that at the time the accident happened, the chaife was driving at the rate of eight miles an hour. The man who drove the mail Rated, that it was a very dark night, that he had twice blown his horn, and that he had no intention of hurting the plaintiff. ' A Surgeon depofed, that the plaintiff had been fo feverely bruited, that he had been confined up wards of feventeen days. Lord ALvanay obferved, that no man's bufi nefs could be fo urgent, as to jußify his driving through the Rreets of the metropolis at the rate of eight miles an hour, particularly after the dole olthe day. His Lordthip remarked, that the jury were bound to give a reafcnable fatisfaCtion for the injury fußained. The damages were laid at tool. and the Jury gave a verdiek for the plaintiff, awarding him a compenfation to the amount of Sol. COURT OF KING** BENCH, JAN. u. ROBERTSON In FRZNCH. I This was an &Rion on a policy of infurance on l (hip, goods, and freight. The policy was dated January so, twos, and was for time, via. for fix months from March to September. The name of the (hip was the Chefterford, and the voyage in. (bred was to Brazil, and back again to the Cape of Good Hope. Mr. Emma fisted the cireumftancesof the cafe in his opening. He obferved, that Britith goods, from laT: o t o m d portations, being a mere drug at the Cape of Hope, the Gentleman interelled in this policy took up the (hip Chefterford to re-ex port Come goods that he had upon his hand. She was to go &It to the Welt coati of Africa, and, if no market could be found there, the was then to crofs the Atlantic, and to fail to Come port in the Brazils, where the goods could eafily be difpofed of. There a freffi cargo was to be purchafed with the proceeds, and with this re.inveßment the (hip was to return to the Cape. Inftrudions for an infurance was Cent to a Broker in London, and as infurance in the following terms was effected e. On the (hip Chefterford, ate. for fix months, he. and on goods te ie haled on board the Paid fhip at Brazil, with or without letter of marque, with liberty to touch at any port on the cold of Africa or Brazil ; and havingunloaded the cargo in pan, or in all, to take in Ire& goods, till her return to the Cape of Good Hope." A fuP of the name of Mortlake was put onboardttloT perintend the voyage, and the (hip failed. On the coati of Africa there was no vent for the goods ; the (hip therefore proceeded to Portoguefe Ame rica. At Reio de Jaiteiro a merchant filed Don Antonio de Nunez agreed to purchafe the whole cargo. As it was againft the fife, regulations of the colony, however, to land it there, the parties fettled that the Cheßerford fhoald fail to a certain latitude and longitude nearly of the River de la Plata, and that two (mall Spanifk veffels lhould there meet her who would take the cargo on board. Don Antonio confidering the goods as his own, though he was not to pay for them till after deli very, put a fupercargo on board the Chefterford, whole name was Don Pattitio de MiNfahon (a hod 10r44.1 The Chelterford proceeded on her deßination, and, at the place appointed, found two veffels ; but one of them unfortunately was his Majeßy's (hip the Diomede of 64 guns, corn. manded by Capt. Elphinßone. The Britifb offi cer, as it was his duty to do, tent a boat to &arch the Chefterford, and to bring the Captain on board. The day before be had taken a Nall Spa nab 'eft', in which he found a fet of fignals.— The counterpart of thefe was found in the pad lion of M'Mahon. Nunez's foopercargo. A hong fufpicion was excited, and Capt. Elphinflone car ried the Chefterford, and all her crew, to the Cape of Good Hope. Here they were brought to trial before, what at the Cape of Good Hope is called a Court of Piracy. In this Court there was found what at the Cape of Good Mope is called a fpecial verdict. But fuch a confided rhapfody of confu fion and nonfenfe never was penned ; there never was fuch a mixture and fuch a jurable. A Scotch Lake was nothing to it. Before hanging the men, however, it was thought that it would be as well to have the opinion of Cone people in Eng land. Accordingly the head 'mita was fent home, and laid before the Lords of the Council, who referred it to the Law Officers of the Crown. Theft Learned Gentlemen had never Peen (itch a hatch pouf', and they would have nothing to do with it. As Mortlake, the fin! Supercargo, had not been hanged at the Cape of Good Hope, but was prefent in Court. the Jury would loon hang up the defence, and award a Verdie to the Before any Witneffes were called. however. Lord Essamsoaouoli interfered, obferving. tlist upon this opening the adion could not be maintained. The policy was on goods to be lad ed, and the goods captured were already on hoard. No pan of the cargo was unloaded, and at Bra. 2;1 there were no 1 -7oods taken in. The policy therefore had never attached. Under thtle cir ' cumflaae:s the plaintiff re nit he nonfuited. Mr. ERSKINE contended, that the meaning of the parties evidently was, that the whole aiik fhould be covered, and that it could make no dif ference to the Underwriters whether the cargo was changed or not. Lord ELLEissosovcii replied, that if there had been any flip in the terms of the agreement, relief might be obtained in a Court of Equity, but fit ting there he could only look to the words of the inftrument, and thefe were exprefs, that the goods were to be loaded at Brazil. Mr. ERSKINE then abandoned In much of the policy as was upon the goods, faying, that he (hould now go for the (hip and freight. But Lord ELLENBOROUGH laid that between the parties there was one contraft, and that if any part of it failed, the{ whole was null and void. The fame expreflons were ufed with regard to the (hip and freight, and it was impofEhle to feparate from each other the different parts of the policy. Mr. ERSKINE infilied it was the fame as if there had been three diaina policies, one upon the Ihip, another upon the goods, and the third upon the freight. Thefe might (land or fall independently of each other, and fo might the different parts of this one policy, which included all the three, and which, both to afTurers and allured, was confider ed in the fame light. After a good deal of difculllon, the Noble and Learned Judge adhered to his former opinion. Mr. ERSKINE then faid that he hoped it would not be reckoned too difrefpeftful to his Lordfhip if he tendered a bill of exceptions. Lord ELLF MBOROUGH ciao-vet - 1, that it would give him the fincerelt fatisfadion at all times to fee means taken to bring his opinions under the review of a fuperior tribunal whenever they were queltioned. A difference of opinion now arofe upon the pro per time when the bill of exceptions fhould be ten dered. The plaintiff's witneffes were got together at a great expence, and it was wifhed that the evi dence thould be heard now. But to this mode of proceeding feveral objcdions were ftarted. At laft, as the Deft and fpeedieft means of ob. taining jullice, it was agreed to wave the bill of exceptions. Mr. ERSKINE acquiefced in a nonfuit. On the &II or fecond day of Term, a new trial is to be moved for, and if the Court fets the nonfuit afide, Lord Ellenborough, with his ufual attention to the convenience of the fuitors, is to try the caufe on the ad of February, a day when bu fi nefs is not done in WeUminfler Hall. NULLING AND OTHERS, ASSIONSES OF ROSS, V. Mr. Caattow, who opened this cafe on the part of the Plaintiffs, obferved, that this was an adion of 'rover, brought by his Clients again!! the De fendant, to recover two promilfory notes of wool. each, Which Mr. /toil, who had been an army clothier, had paid to Mr. Harvey, the Defendant, either after he had aftually committed an at of Bankruptcy, or in contemplation of Bankruptcy. The law, in fuch a cafe, would not countenance loch an unduepreference of one Creditor to another, but required that when a man had become maw vent, and was not able to pay all his debts, that his property (hould be equally divided among all his creditors, and therefore if he made out this cafe, his Clients would be entitled to a verdiEt. The evidence produced on the part of the ail fignees did not come up to this Raw-meat ; and it appeared the Defendant, at the time of Rofs's Bankruptcy, was a creditor of his to the amount of 7t941. its. yd.---Plaintiii aosjuital. •IRAM•MI V. LtISNINGTOX. Mr. Bustin Rated, that this was an *Rion on a policy of infurance, and the voyage was at and from London to a port in Nova Scotia, and back again to Liverpool. After every exertion had been ufed to Pave this (hip, which was loft in the Gulph of St. Lawrence, in extremely dark and foggy weather, and after the failors had all figned a Pio telt, that fhe was a Rout ftannch chip, and that the lots was entirely owing to the perils of the fea ; Tome of them had afterwards reprefented, that the was found properly in boats, &c. and that the lots was to be afcribed to that caufe. _ _ After evidence had been produced, to fubtlan tiate this Itatement _ _ _ . Mr. Maas, on the part of the Underwriters, Bated, that the reafon why they had defended this attion was, that fereral of the tailors on board vo luntarily came, and reprefented that the fhip was not folficiently found in boats, cables, Ike. and that the lofs was entirely to be afcribed to that caufe. But having heard the evidence, it was impoffible for him to defend it.—Verdia for the Plaintiff to the amount of his demand. JOHNSTON O. SMIDDOII. This quenion, which is of very great importance to the commercial world, and on which there has been a difference of opinion, not only among the molt eminent Merchants in the City, but alb in the Court of King's Bench, though the majority of their Lordfhips were in favour of the Under writers, is now to come before the Court of King's Bench, in the fhape of a Special Verdilt. It re• lates to the mode of calculating an average lofs, in the cafe of a policy of infurance. The quaion is, whether the calculation ought to be made on the relative value of the grofs proceeds of damaged and undamaged, or on the net proceeds WINSCOM V. DIMPDALI MID CO. The eircumflances of this cafe, according to Mr. Erfkine's opening, were fkortly there :—This action was brought by Mr. Henry Winfcom, who is a wool-flapler, at Wincheiler, againfl the De fendants, who are eminent Bankers ; and the foundation of the altion was this—that be had received from the Defendants a charaaer of the regularity of the accounts of a perfon of the name of - Crack, who kept his cans at their Banking haute. and who dealt with the Plaintiff for wool. There Gentlemen, on an application being made to them on the part of the Plaintiff, with regard to the charts/ter of that perfon, Rated that his u nseat with them was regular, and on the founds 'lien of that reprefentetion, the Plaintiff repofed a trait and credit in him, by which he became a toter, and which he would not have done but for that reprefentation. The principle of this atti n, which he faid he did not w•ifh at any time to puff; beyond its fair and genuine linii.s, was this—if a perfon was applied to, relpeding the credit and fituation of a man, about to have credit ofanothe-, he might, or might not, at his own difiretion, tell what he knew on the fubjett; but if he took nn hinifclf to I-efferent that which was not the bet within his non knowledge, and the party thereby lullained a lots, he was anfwerable in an aftion, to die amount of the damages fn fu(lained ; for ha was ready to admit (othcrwife it would be attended with the greateft inconvenience) that the proof fhonld be extremely clear and explicit, that theie might be no colour or varnilli, and that his Lordthip and the Gentlemen of the Jury might fee what the Plaintiff infifted on. He fhould hate neither more nor lets than the circumftances Of the cafe, that his Lordlhip might fay whether, on his flatement, this atlion could be maintained Mr. liVinfcom was applied to by a perfon of the name of Crack, who reprefented himfelf as being in partnerfhip with a Mr. Simons, who refided in Kent, and who was a dealer in wool. The Plain. tiff agreed to fell him forty packs of wool, which amounted to 8701. which was to be paid for by a bill drawn on Simons and Crack, at two months, for 4001. and, as they lived out of London, but kept their money at the Defendants' (hop, in Cornhiil, they made it payable there ; and it was alto agreed, that a farther INII (hould be drawn for the remaining 4701. on the delivery of the wool, which was to take place in the courfe of a fortnight. The eoatrad at that time was com plete ; that Crack was to accept a bill in his own name, and in that of Simons, for 4001. for the wool, which was to be delivered on a farther bill being given for the other 4701. Accordingly the bilk of exchange were drawn, and he admitted that the contract was certainly entire and complete before any reprefentation was made to the De fendants on the fulled. The Plaintiff Rood to Crack in the relation he should (late. By the law of England, after a contrail of fele was entire and complete, if the buyer, before delivery, be came infolvent, and was not able to pay for the goods, the feller might retain them, or if he had parted with the poffeffion of them, he might Rop them i 4 tramp's, before they reached the purchafer. If it turned out, before the completion of the contrad, by delivery, that the buyer was unable to perform his part of the contra& the law ab folvtd the feller from performing his. Although, therefore, before the Plaintiff had a reprefentation of the character and fituation of Crack, he had entered into a contra& and had drawn a bill, which they had accepted,and although he was bound to make delivery in a fortnight afterwards, they accepting another bill for the remainder of the confideratinn, was 4701. fubfequent to that the Plaintiff made enquiry how Crack Rood with his Bankers ; and, if he had had a faithful fentation of what his fituation with his Ist= then was, the Plaintiff would not have gone OM to make delivery of the wool. The Mindlf de. fired Mars. Vincent and Bayley, who were his friends, to apply to the Defendants, to knew the fituation of Simons and Crack. Thefe Gentlemen wrote to the houfe of Dimfdale and Co.inelofins the bill accepted by Simons and Crack, and re. quetting to know if they thought it would be paid when it became doe. The Defendants returned it with this anfwer—is We (the Defendants) bes to obferve, that we cannot pofitively fay that it will be honoured, although we have no reafon to doubt provifion will be made for it. They are young men who have lately opened an account with us, and their tranfaitions in battles have hi therto been very regular. But we are not In the Icaß acquainted with their property." The lett fentence of this letter excited a (mile in the Court and Jury. The Learned Connfel olsferved, that as the complaint he then made on the part of the Plaintiff, was againß perfons of rank and charac ter in the commercial world, it was neceffary not to over-Rep the cafe, but to Rate the faas of it correaly as they were, and to call the attention of the Noble and Learned Judge to the tranfa&ion. What the Plaintiff complained of was this, and on that he walled to take his, Lordfitip's opinion.— The Defendants Rated, that " Simons and Crack were young men, that they had lately opened an account with them, pnd that their tranfaaions in bufinefs had been very regular." He undertood he could impeach that ddeription of their account, that he could thew it had been over-drawn, and that it was not entitled to the charader of regula rity. How far he thould be able to thew that the irregularity of the account was of that fine to call their attention to it. er to thew that the repre. fentation was fraudulent, he did not know, and would not undertake for. But if they had in fpetted the account before they gave their anfwer, the Plaintiff would not have gone on with the de livery of his goods. Simons and Crack did not become infolvent till after the expiration of the fortnight, but a commiffion acted in July, and it appeared they had been infolvent Lame time before. There were the circumßances of this cafe. Lord ELLenaomouom.—" Mr. Erlkine has en% tainly afted extremely honourably and fairly to. wards the Defendants, as well as his own Client, in Rating this cafe as he has done. But it is ne• ceirary to Rate a great deal more to fupport this aCtion. In order to maintain this anion against the Defendants, it is neceffary to bring home tads that will fuppost the aftion to the knowledge of every individual partner, becanfe they cannot be guilty of a tort through the medium of an agent. Nothing can be more cautious and refereed than the fort of charafter they gave thefe two perfons who had opened an account with them. We do not anfwer for their fulvency, though it is likely the bill will be paid when it becomes due, from the manner they have kept their accounts with They are young beginners.—Every circumflanee rather intimates a caution, defiling the Plaintiff to look about for himfelf, than an endeavour to in duce a credit, from any exaggerated reprefentation of it on their part. r They have lately opened an account with u% and have been regular in their tranfadioni.' In order to stidstaio this Idiom the