Star. — London, England, 1808-11-09 00:00:00

... 1 ~' .-. .. -bt • .4, 4. 4 . l a . ili zz ' , , l f. " , idea . . . iFr T pr - ' 4 .' • ----..%.- '; . •A, .----..!' Vittlatkk 4 e# 6 4 o2l a. )1 Ova two frigitamid a sloop dyer with about .sail of reansiiiti; from the coast of France, * r e they lorded troops from Lisbon. Put back 0 maiestrs s hi p metros, with her convoy for the p e ih. Arrived the Windsor Castle packet, Capt. srrnei, with mails from St. Andero, in six days.— c o d S. E. - • 'Pt.rdotitH, NOVEMBER 7. Gib in the French sloop le Jeane Baptiste, laden oh w i n e : prize to his Majesty's ship Erattam.n, of s gusg .__SpitycZE, of 74 guns, Rear-Admiral D ; and the STATIZA, of 40gtms, both from storroit d R oc h e fort, where they have been ashore and re. c oed some damage : the former went up Hamoaze itrim dinely, and began to strip, for the purpose of b e ing her bottom examined—Lancashire Witch, (a rfood.ehip) from Liverpool, for the purposive: it is e' .. . . s i c i , o f being taken into the service—TbeAsferaysV , w a s left cruising off Rochefort, with some ether: ships; so re m tbe escape .of three French frigates that are we i t ier an opportimity tcrrun the pantlet...the • ..... .• N iu b o mb from the westward. ~... r r 1 porn MOUTH, NOVEMBER a. • Arrived his Majesty's brig . Dermanen from a oc he ; and the Roebuck, NAVnift, frciise London, lathe Coast of Africa. ' Wind Easterly; ='•Y• r:••• c ..• .bEAL NOVEMBER 1. .- s ; "Ytit. , I • Came dttlln num chc. River, the Prince of , Besedl,.l WarsiiN, for the Brazils, and remains ithllikAlompt . . uth ships at per last. —Wind E. . ... .. YARMOUTH. Novr.Vlidifi it. - i • ' Aeriverl his Majesty': ships Mara, from tM 1111. 64, 4 131 d ALEXANDRIA, from the Nore. Sailed the.' Anona Mmma. cutter, on a cruize off the Teach. = • .ABERISEEN, NOVEMBER 2. . .The Alert, Jonisistr, which was put ashore., cMthe me, was doased off on Monday, and towed into the harboar with no anate!iii damage. The Crescent, Satra, of North, Sitia W. STENIENSON owner, from Pictou, war intro - a heavy lea off this port irslialiieefibViels ilk. and soon after filled ; eight of iftxterriveee'avished Overboard and lost ; the . Meatoddste; and , three of the crew, were saved by t:ir r trPP'f W. ..- • bnp tie John and Isabella, Davrsotr, of and Piatithu?gli for this place, in *ballast, was, in t o t: the 14th and 15th, driven to the South -, stranded near Holy Island—the crew saved, '" - :rase) almost mo ; comzl r ete hg . w a r n ec d wreck . .The brig Neu, OlStinderlaud, azt.aneeked near Pe.. r an Wall crews saved. • •• . . Vienna of the Nib at. oteeilened'a serious loss of Aboehippiog along the north coast of Sutherland. /n,Bighouse Bay a galliot, of above 90 tons; was totally wrecked, and all on board perished. From some papers recovered from the wreck, she appears to have been called the Contest, HANSE iIENILWIC Foam, (supposed a *retie) Master, last from Li verpoiaL. probably bound for Gottenburgh, with a cargo of salt in bulk, not a particle of which Is saved. The crew betook themselves to their boat, and five men were seen to perish by the people on shore, but l' the serf was so tremendous that no assistance could pas* be afforded to the unhappy sufferers : the boles of three of them have since been thrown up.— The schooner Supply, of Peterhead, SELLos Master, shared the same fate, but the crew were providentially I saved. The btiontine Fielding, of Greenock, MUREWIZ Meer, laden with sugar and rum for Gottenburgh, was driven ashore in Torrisdale Bay, but being still min, is expected to begot off. DISTRIBUTION OF PRIZE MONEY. The Bb lerips a Conquest and Dapper gun-brip, for the were paid this day, at the dace of Mh 4 rl. e; li rls., Gosport, and - recalled on Wednesdays „Tit ritOStenaris, for the recapture of the Indefadphilk nar mi 4 44 llos, was paid on Sunday last at No. 23, Nosleo tedviil be recalled on Tuesdays and F ridays. wip teillhfir W. Fritodddp. will be paid at •Mr.'Moser,U. lb fts.*y .next, and there recalled on Tuesclayilhd , . - • _ fertkPliollll4p odba teffed January 11,1800, TAB R • se totwereroW _ _.. ~ 1 .. . ef,.ip. To, Greet ites, x= 'no luibli=e r Maisebe, liorattraiii AT 1 4. 9 via be rizalidsi/b..S, bencsotreet. 4,eldpld. ' '• ° . 1 ..' li ' -• FROM-i-LOYD'S ...74 1 44. • ARRIVALS. UST. ' •••' IP • *Ann- Turnbull and Oi ' i ces Lk e _ t , a esabistd, Id Pber- A_ ollus oza Hammond, hope limey—Ha litst - "—§:weas illsiln—oes ers ; B i na --../"B4ho Flour • Ur ' A g a ev _Th4 it Alfred, Laical, free Zbuouzey. A; de ne','Pariste, from London. At Brazils, the ,_., e.nrt; Harriet, Hammond; Mary Ann, Leda; and t e l t Z i te,Grai lii , 0 f4• 77, from London. Off Aberdeen, tin Our Quebec. At Quebec, the P roves. , Pallets •• Landon.• .1 - 'lle „ Aitauhrea, a ___ 77, from Stockholm, lien Dublin, Wpm! Tbe llmhi ve vlis hew rem fold ea :"' - ' • ' • bides hal Sweden, for Liverpeall, Ikb caved, .. 1 ~ .. lie, b .. i afgn ° l lll g= - which was reported to be Yet,. 0 7_ 4 Gal bollisl.4 4, llll the lots of two anchors and d e Du : . bens co sham let Ihelhal , , . •. • 1 110dvi(e; • •,-A . • 'aid T7ai.—__ „______ P atilUtes t 1140,Iniluit a lifiltsiii, • ilibeld t-ilgi --"9l6Ph el aria . - itave Pli n ilil Alq= eldpOldbleri arrbrottillapßii, . a lt . a ' •'" , 114 Ask krl!"er, her b prize. ,•-•. . ' ': • .. L the r" l6 , • film Lad* s ir aramaiNiii I%* - 11, 1 ki„, w tses—civmr.-. viii ___, fru* leaden for Lisbon has N lion...l,:w:greti *hot. t o e repair: liSolimd the Lostakilis ~t or arr47impotted, and carried Into Yemen* . . ..e. - i !' sl _,_dg4 m a Aauis Cou ----"-- tt of Aldermen was held it thia4S Esq_ , Lord Mayor Eleeeal Vit..PY°m into the Office of Lord Mayor.for ,Iri . " ar " — The Price of B ib :t .., at ls. tit, • ..old ls. 2d 3 . 1d • clartere loaf of wheaten*: -- - • T b e rda yen Llast ,,_ a s mo st . elegant and 'splendid - Ralf .1 at Reading , by ractous apartments at the Town the Officers. of the Royal Horse . , :! as, to up wards ' _ ~, , , itcir ~n of 00 persons of the first.con., cn g at once a proof of the cordial • i hmseesitenitiy" which duri3 their resid e n ce in that tier' at with all the Offieervorthai : 43 ent, arid of t h e r • ked t h e misfac i Tberalit 7 . .Vitir which - they beet %aines as they ton they have felt in such little may have received. • •• • . ..014t 4, - 00UkT Or NANWOJIINCH,I4trers........_ TVA WO 111. - .llllli AND *NOM* • '; 1 :.- Witen these casesovhich stood in the p pa per were called on, M. GAsacz ii they m esreqight stand in the paper for a fortnight. He said they weer motions for criminal informations on behalf of a Co.. 1 lonel of a volunteer corps in Cornwall, against. Some of his officers. He bad hoped, that in that time the matter might be settled without any further applies- 1 tion to this Court. The Court assented to the application. szov. B. —woman v. 11111411 t. This was a motion for a new trial. The Plaintiff brought his action against di. Defendant, the late Sheriff of Middlesex, for a false return of ' solo Jim ' to a writ of execution, upon which the Defendant MRS to IkaYe 'pried of the goods of the Duke of Etailei.--i; His Royal Highness had apartments in Kensington' 1 Palace, where there vrisa small quantity of furniture, 1 such as a clock, a bed waggon , an old phaeton, and 1 a little scrub poney, worth iliout "101.. These good* the Defendant had at first seized, but conceiving that' the Palace at Kensington was privileged, be returned that there were no goods from which to levy. The cause was tried before Lord ELLENBOROVCJ& I ‘ and, under his' ireCtion, the Jury found a ver dic t f or the . Defendant, upon the ground that Kensington was privileged as being a Royal residence. It appeared upon the trial, that a house keeper was kept as Kensington, and, there were apartments for - the Lord Chamberlain. There was a Throne there ma -state bed, and state apartments, and a guard, but the ging had never resided there. The inhabitants of ' 'tfteffed*e had apartinents there, nxerelyby the licence ' tithe King, and had no mare interest in the place -theneedvants have in their masters dwelling house, dr pstekbis m a poor house. ' • Loud Ezisareoecninw cited r erieral cases, partica.: lady fide II Lord Reyes. 918. and 6 Mod. 75, to the elucidation of this question ; and seemed of opinios o that a palace continued to - beroyal, unless there wan . circlimstances to discontinue ii. After the death of the late King, its character of royalty continued, and the question was, had it been lost ? If the Palace had been dismantled, so as to - tender the King's ha-. bitation impossible, it would be another thing ; and as to all the present occupiers of the palace, they wer liable to be turned out to-morrow. Mr. GADROV/ put the case on a level with Windsor Castle sind St. James's Palace, and said that nobody, would any they were Palaces, because he did net see the flag eying upon the tower of the one, and beta . the King had not resided at the other for a long time. His Majesty enjoyed= security of his protec tion for a moment, if his presence was to be the only test : the cart . that carried away goods from his Pa lace might drive out at one gate as he drove in at another. What quantity of residence, Mr. Garrow would ask, constituted a Palace ? This could never be - ascertained. The question of the fact was left to the Jury, and in his opinion they bad found the truth. Lord Etutimonouom cited an Act of the 4th . Henry VII. Chap. 5, where a place of occasional use for the refreshment of the King, in passing to St. Paul's, was called a Palace. - Mr.' CUMMING instanced proclamations made by the present King, immediately after the death of the 1. late; from Kensington Palace. - - • Mr. Serjeant WILLIAMS and Mr. Masmar sup. ported the rule. . Mr. Serjeant WaL:,uus said, It' - was Immaterial whether it was a Palace or not ; the question was, whether it was exempt from the execution of legal process .? He urged that the King had never resided at Kensington with all his suite : as to the house keeper that was there till the King could dispose of the Palace, he must put somebody m it. Why were Palaces exempt from the execution of legal process t Beale of the King's dignity, and that no malls whence might happen nt his presence as could 'be occasioned by inch etecittiem.; ' This argument could not hold, when it was admitted that, for a long reign , of 48 years, the King had never resided there. ' 'l' Learned Serjeatir then 'cited all the parallel cases he could find, beginning with Lord Coke's definitions of the word Court, in his Proem to the 4th Instit. aid commented on them with much ingenuity. Mr. MARRYATT said, the . question :e4s, whether the privilege arose prefilter reverential" loci ant *re* whether it was the spot or the person that was sacred ? and the privilege evidently was insanities' to prevent a disturbance to the Sovereign, andisertahis deputy housekeeper (for there was onlri, Aleputy house keeper to be found at the Palace); There was a housekeeper at Newmarket-house and at the C 'to but nody ever drearnr that thoftrippidentes Palaces. The* had been Welt WWI prod 'to tion from -Cornell/ p—but nebeifiy oupposed • Rose's house ,was privileged from an elettaioo... l / 4 to the guards that were mounted at Kensifigtea, fhb* were guards inointed at the Tower.; and to talk - Of a preacher at Kensington Nice. Chaiieti 41 Whi hall there were two doyen. litho King left his Pa lace with an anima: reverinsa, it was 'undoubtedly still a Palace ; but the Learned Counsel • that the immitnity cnased 4 when o r ceased. ' -.` .notirt - ::-:.• :.. Lord Ettsktliestinion...4- 0 11111alien iof n __. .. terest - . and impornusee, ad the Cbtdi Wait take tome time to look into it -Pesti any one.tniaw , is* matter, ,of information. whetherpmcesuestemlitisk is Holy- 1 3 ret,dfr. Arroaner G House ?" . , • ktnetur,.-- 81 4,0, my Lord, it is liors an& this cotiSidemtfors iptOintililttlevital Pet-. ;to reside there." ,: vi i - 4 4 1. tt:;!,,l, i • . : ,-:.1 ~.., : ma Kum e. stotarmisiimiwrif '''".*. ';' . 3 Mr. Giassow rose to ,shew caster' • . '• ' ' which was for a criminal inform-49k . may recollect that the Rule was . Term against the Defendlintt . atir fels e tSie of :itilk Hunter, the father-in-law bt the 'ethiglitit , 410 an affidavit. which state that theDeikinsleni*l., .. with the daughter of the Proseesocolhakeist a gei l isp. . , torins , time onlj 16 The of age, aad.thi . kDefea ' wards of 35. The eAdarst the l.!.. espi 1.. shy of ' ill - niege, and nMMatell thirgbe born - . - .t. Mr. limiter, was likened in the pia ci - of e level published by the Defemahuit ; be Amitee lished an accotmt of his accompleith _plainent's! daughter in anadok i ttaings. - . 0. a Discovery.". -- -- -- • - r--' '_ . —;•••tAL-g•bv 7' • ' i Mr. (AIIROW tiiiiiilileieed DT ' .; ..'utlsat tr. Dogherty in the aifitiliits which h e 'put in, d I ": - • - , .. • . • • ~ f •,, „ . Or ...'." f II ..."";' ‘eilit : . ihrailitalet tag OW ' rat e . 74reil in I - ter o owns'', in ,effint of iltiri‘ei 'stmt . of [unter's affidarlt, .sci na t cnifiler, . .. . . ,y anew's- 9001. he got a draft on Mr. Bousfiekl, for 1991. for i nlet:lend the buthifist. ~ • ~ V • ..,„ 1 ~ : 0 which afurther Annuity was to be granted ; and, ac - Mi. Justice Litmeiltete•iiitelityted Mr . G and , cordingly, on the 94th of December, 1801. a deed edged hliti If the ptitlitittion leas ei . tted. for if the i was executed, securing us Mr. Cooke the sum 4651. passages were libelloni, and the publication not de- a year,. on the foot of the former sum ; and also an med, it was . no answer to go into all the collateral 1 annuity of 261. on t h e l atter ; b ut t h e b ond upon facts. ... '. • I which judgment had been entered, was not delivered Mr. gARROW I 2ed, that the publication was cer..l up, or cancelled, at the time, and it was now o u r tiinly not den - j ' on the contrary, Mr. D. had I tempted to set these annuities aside on tw o groun d s: stated, - as his excuse, that he had been dri ven to it; the first was, that the memorial of registry of the first to - procure the means of supporting his infant son, l annuity, in reciting the bond to Cooke as the mai who was left entirely to his care, and deserted by his ; deration, was erroneous, inasmuch as the considers more opulent relations.. I tion recited should have been the 5001. advanced by The Court said that could not operate as an excuse. Cooke, by his draft on the bank of Messrs. Coutts Mr. Maelyarr suggested there was a distinction and Co. the bond itself having been retained by that in this case from others ; Mr. D. had certainly not gentleman as a subsisting security, an d so could not negatived all the facts alledged by Mr. Hunter, nor be called a consideration for the annuity. The so. had Mr. Hunter negatived all the facts as charged caul objection, and which was principally relied on, • by Mr. Dogherty. lie submitted that Mr. Hunter was thattlhe note for 1991. not having been paid of should negative the facts alledged against him ? before on the day 'it fell due, the case was bro ug h t w i t hi n he was entitled to ask the extraordinary interposition the words of the St atute, which renders annuities of the Court. voidable, in case (among other grounds) the con& The Court said, if that were os, any libeller might de rat i on s h ou ld c ons i st , in the whole, or in part, of escape by putting any one fact of the life of another notes, which should not heyaid when due; and there into his libel, and because that could not be negatived, fore it was contended that t h e failure hem, shim*, the Rule must not be granted for all the rest of the it was admitted it was paid by the drawer dirt. libellous passages. ' mint he *as apprised of the non-payment, had Al. .., Lord ELLENsoitotrox said, the Rule must be made ated the entire deed, and that consequently the MS absolute ; but he expressed a hope, that even yet,,it ' =cubic, fell to: he grou n d. - being a family quarrel, it might be adj uste d w i t h out The Court was unanimously of opinion, that this . public exposure. was not such a failure of payment as was in comes& plation of the Legislature, when they made the ilia • tote, which was intended to protect liettinitali per sons from being defrauded. But here the moorritas lona file paid by the purchaser - of the annuity, as, soon as he had notice of the non-payment of the • they accordingly discharged, the ruls,, losii,,e Isom- sieir4t, costs. :,..., „ ; ,, ..4: , A/ rlii•ril - 0-I • - - •!!.. I r - Vr .3 / 4 1 belis7ff: ?UL ZINO 4. HLL. Mr. Serjeant Pitt. chewed cause against a Rule obtained by Mr. Naze, last term, why a criminal in formation should not be filed against the Defendant, who is a surveyor, at Winchester, for sending a chal lenge to a Mr. Fitzgerald. But it appearied by the aifidievit made by the Defendant's clerk, that Mr. Fitzgerald did not give any provocation, or make use of aay words to that effect, till after the lett& contain ing the challenge was delivered —Rule absolute. ••••••• • avast e. 131172 A. The ATroaxrt GawattAt. moved fdr a new trial in this case, which, he said, was an i ssue un d er a pri vate InClosnre Act, tried before Mr. Justice La &ANC, at Shrewsbury. Certain lands were to be inclosed, and the Commissioners desired all persons t=ss ul claims to give them i n . Th e plaintiff. • gly pet in his claim for a right of common Isr sheep ; but the Commissioners ordered this to be 'dried,. according to a printed form they had pre which was so worded as to express a right of common for all commonable cattle. Upon the trial, however, it was objected, that the claim was larger than the right which the claimant was entitled to. — The sheep-right was proved, and specially Ihdorsed upon the paws; but it was objected that such an in dorsement wa contraryto the usual practice, and of no effect. The plaintiff finding himself in this situation, his only resource was a new trial.—Rule granted. dMIFINI• . - WELCIT tl. CALCOTT. Mr. Pau moved for a Rule to chew cause why a new trial should not take place in this case, which had been tried before Mr. Justice Bailey, at the last assizes for the County of Somerset. The plaintiff, at the instance of the defendant, undertook to deliver a mare valued at 261. ss. and to pay him 91. M. in exchange, for a gelding belonging to the defendant. The de fendant undertook to warrant the gelding sound, but it turned out not to be so, and, on that accoura, da mage was alledged. On the trial, it appeared that the plaintiff had upon his part also warranted his mare to the defendant, and one of the witnesses for the plaintighad argeessly proved, that the conside ration of the mileage - was because the plaintiff had done so. This Wag the case, it was submitted that this was not truly stated in the declaration, and the Learned Judge had been pleased to reserve that goint for the consideration of the C.ourt. Ike (Mr. Pell) Von now argued , that the consideration was not y set forth in regard .to the iirazvatr of the mare t 'And he Could also prove thatllii mare iwig unsound. of the nemarity of the . won tieing rte explicit, be shield cite the exit of (Sarie o. Gray, in the 6th VoL of &set Reports, p. OW, where it is stated, that in the cast of t agreement, not under.seal, the comddiradon =tit not only MentiOned, but nti,gintlif it must be omitted .. Rukk ga m s & • • wows v. aAl<nr 7 . :14 - a.;;;PC110i7; This cause Wa* tried during the. late 'ffittlnge44lll Guildhall before the Chief Justice, and. a.voidietatlC... ,1L 15s. 6d. obtained for the plaintiff. b . ioesie: • Mr. Serjeant Sueeitean this day moved sae Comet, for a rule to tax the defendant's costs, and. set thealtiL off against the plaintiff's verdict, under the statuteof the 49d Geo. ILI.. The plaintiff was an apothecary and man-nsidwifo o residing near Salisburkand had attended the &rear of the defendant professionally, particularlY,99lll4 ,wife's accouchement, upon which -occasion* tuft!, fee was half-a-guinea. Thom% when originOxiqi. nished, amounted to 11.18 s. 6d. ; but a fovs fore the defendant's arrest, the plaintiff cared en his i+vifrequestedto , see the J 1111,• and tore ..thentniat pX, He iOggneer, arrested_ him :Chief justice thought thesverdlct was pestendy tie*, ,and had no doubt that the debt of 101. 16* was fabsg''' • Gated, for the purpose /of arresting the .dellmdanis.“. but two witnesses (one a man of respectability) positively sworn to two confessions of the ddenduic to that amount. It was a c ase o f much suspicious, • when the party chose to try it at Guildhall, Hi in preference to trying it a t Salisbury. His _Usti' ship recommended it to the consideration elf the Lear ned Serjeant, whether, for such a sum, it Was worth. while drawing up the rule?—Rule granted. 7 ; , • ..-- . ' FEELING v. HEATH AND 01118,DA. . , This was an .action of Covenant, upon a Chartew party, whereby the Defendants were liable, as the. freighters of a ship bound from Surinam for London, .to forfeit demurrage at the rate of nine guineas per' 'day, in case the ship did not sail with convoy at a Certain time. The ship was ready in time to sail, and bad proceeded down the river to join convoy, but the Captain was detained do shore, being arrested by the • Aditaney-General of that place upon a former ima. in consequence of which the Nhip was 'the Covenant broken. The Cause was • hied at Goildiell, and the Plaintiff obtained a verdict Ito tht 101 l 2 1 1 .rrit t ..Af.4gPlurne, £ 96 °. Mr. Selma, Adt.F.: .en ; behalf of the Defendants, . UK Coast to set aside the verdict, contending, inasmuch as the delay was occasioned by the ac. of th e ' C aptain, and not by star neglect or impro ,. aa the Defendants „ the barer wine not liable 4ar4 o r an that amount, the question for the gill " merely uto what compentatlim the pop , pins enti to for the accidental delay., „, -,i,, -_,,,, v , The t Couit conceiving it a fit case for grausig h ailatle to 'they're:age. . • 0.4. -•-; - - - t . Ma plulall OF MIT) v . wan nisi, wow. - • Mi . "iirpikinkactian. of eject• asent-braught toveturtr NNW* of eine lands in litaffordshirN 414 *sit,. tvl before hfr:,listice talrence at , he late ituazibillil* a tercliet wax obtained for the defendants..y) Mr. Serjeant Baer, on.behalf of the, . .1 ved the Court to set aside the ve r di c as Wag . ' ' ' Jevidettee, and in the absence of, ~,;. al-ft been OW UpOn a former occasion , Meayiestr r. Chambre, and a verdict obtaisactfor4gpleitit t s4 Art t4e,aniiie satisfaction of the J u d ge ., Op the'lat4#: caaion the verdict was the opposite d the direetheit of the Leakned =Judge Who tit h ed plaintiffsa4iiiid . tkiopiviitision under the willofone Wakel7.**-4044115eel havint - load° ' the: '1111 1 1 . 4 . question in Inid: , • t• the p er i o d o f t hei le i ti i t o r , s, decease, a Mr. GOOdlall,' Who was a frientl..or:therj .Volirer, assisted in searching for a Nil', in •the apartment the testator died. and • 1 priper . s in his, which ateuraties ; but L eers afterwards; 'irlsrrsiold was egad be way i Wheh the will • % ana4ii c .It ~...ii, . it , • - ' 4 ,ois, - ; • , ~..:, Amilai. 1 .; bats. -; !As fAL t. ital ' lii% . itaiiiieeriootlbr 'a R ent ule to Sint :1111.1, 1 1 * Inousuitiltetdd Doti* ered, anitiric•4o.• lilt !grained. The case was tried at Guildhall:it the Sit. 4thiphalker last Tenn: It was on a Pdlicy of ',.atnitnee ort. the America* 'ship ..holo, - itt sad flio4o Africa toCherlessano esiptmend brtha F e rezZ ai r4 'carried into Martinique, where she was Wader . the • su 'don bee At was. British property c belonging to -- Made', and Co. London. 7briretre , 93 adterealisegyrending di the issue of this amtlea. The /round on ;,which Mr. Panz moved !al, ylit.at fell from Ilii ididship on the trial, namely, that the sentence of candeamation “ did not speak out," but only insinuated; that an Englishman was found. Oa ;bond, which was 'conclusive AVidence of borrowing the American flag ; heady deeds* and propety. was not American, as watfresteedin the policy. . .• ; . 1 10100001310. said, he saw no reason for 'lugliiitun the verdict, and therefore the Court refused the Rule. ' • -.- ... . Catetif , o! CollitsbN PLEAS, alk 7. CH= V. - TIMM ' '' • ' L. Brim* Vsussetw shewedsecitesi • against a rule obtained by Mr. Sejleent alliftwiftui for setting aside the 'deed of annum, anal tinkle - 1d and judge. meat in this case. The annum,, being entitled - to a rversiortery interest; in. a large sun% of mont7, ng out. of Goveisnoont security, and being in .9f money, ,applied to the Plaintiff•to *iv 40001. 'Upon altut.edis bend, in double the' ' this Was decl ined;. but the sum was offered:ii . putchber of anesenkti to he secured . epee his . ' of eleven 'milt 'r i T ill eid li sol u i limbs esstios -liti t r l te ife ; acccrdiany. * 00. 7 ,„......„fitilMieliale . far rea4/.. 1 00017, a Mr t.oene was proctored to advance 5001. :wpm doe . jroint Iratti. the LOr!fendant, and the !War b t . the Pnn laift; as a secunty, until the peciosery deed of mull could be ma-aid i' in the mouth of Docabi• ---, a - . bfr. . the testate; death, ;n a fii - = 0111(121154111 40441Cerd ' t iaa sitiivai an toi til = f7 r l Wm. a Piping:4i, Mr. G. 1110 ' WaPkier Carib... a : mins:Mc", ger trithas zpaie. Take 'a siieietitaity) - • ~, 10 , '" r - • -. stator died , . aid was seen -toteCeeperal pocket, which he nlledged ivio ally lut !lc, will cppld he7fOuttd:itit i esOese. trtis;:iiiiii . WO* trticO , -wea t. , , evil! Was in The risessioa .of Mr. Goodall, . to produce4r, under viritaupretences, s cited before M i the Ecclesiastcal Court, ill was prodiKed, it appeared cancelled; () I ("s 4411 allege o i A l a it was not , by him; seta v r himself, some years rev,ieus; tp a4t of passion. The time othe allese3. non, however, did not accord with ,the Ileged cancellatiop of the will, at which eta and the plaintiffs were in the *Rs ariesdahnp and, cordiality.. It ...;..• . Ow Jirrik of the will,, that the •- • ist:".. . nen a premeditated act. done With, ' . • ',some sharp instrument; and:. ! 4 .- E t W.r. Goodall was prrlticeklAs : '.., '• .-. tier . ti4al; and notuptethll . .l.' 4, _' -: s , CUMSWICCS. the ples t at appalci - ,- FOr S s mate. _al..••• a I. F