Star. — London, England, 1821-07-24 00:00:00

PORTUG4L. Oporto Papers arrived last night to the 6th inst. from which the following are extracts: OPORTO, JULY 6. • We have received fiorn Rio de Janeiro the instruc tions of his Majesty, relative to the Government of Brazil, during his absence—they are as follow t " The Prince Regent of the United Kingdom shall take the title of Prince Regent, and my Lieutenant of the Provisional Government of the Kingdom of Brazil, with which he is charged. " In this Government, the Conde das Arcos shall be Minister and Secretary of State for the affairs of the Kingdom of Brazil, and for Foreign Affairs. The Conde de Lauzna Don Diego de Menezes. Minister and Secretary of the Affairs of Finance, as he now is. Major-General Carlos Frederico de Caula, to be Secretary of State ad interim in the War Department ; and Manuel AntonioTaninha, Major-General in the Fleet, to be Se cretary of State ad interim for the Marine Department. " The Prince Royal shall take his resolutions in the Coun cil formed of the two Ministers of State, and of the two Secre t-tries of State, ad interim, and its determination shall be re ported by the Minister or Secretary of State, whose department they are in, who shall be responsible. The Prince Royal shall have all powers for the administration of justice or finances, and economical Government; he shall be able to commute or dis pense with penalty of death, to which criminals may be sen tenced ; he shall deride all questions relative to the public ad ministration. " Ile shall appoint to all the Offices of Justice or Finance— to all civil and military employments; and the person so ap pointed shall immediately enter on the exercise of their functions by virtue of his decree. Ile shall promote to all benefices and ecclesiastical dignities excepting Bishoprics, but he may propose tome fur them such persons as may be worthy. " He may make war, offensive and defensive, against any enemy who may attack the Kingdom of Brasil, if the circum stances of the case are so urgent that any Royal orders cannot be waited for, without the greatest injury to my faithful subjects I. this kingdom ; and, in similar circumstances, he may make truces, or some provisional treaty, with the enemies of the State. " Lastly, the Prince may confer, as honorary favours, the habits of the three Military Orders of Christ, St. Bento de Aviz, and Sr. Tiago de Ls' pada, to persons whom he shall judge worthy of this distinction. " In the unfortunate and unhappy event (which Gets avert) of the death of the Prince Royal, the Regency of the Kingdom of Brazil shall immediately devolve on the Princess Royal, his Conzort, my much-beloved daughter-in-law, who shall govern, with a Council of Regency, consisting of the Ministers of State, Secretaries of State for the Departments of War and Ma r,ne, the President of the Privy Council, and the Chief Judge. Tile Senior bliaister of State shall be President of this euuncil; ari this Regency shall have the same power and authority as' wt.re &lard by the Prince Regent. " THE KING. " Pal ace ' of Uonavista, April 22, 1821." WALLACHIA. VIENIA, JULY 10. Letters, worthy of credit, dated Bucharest, the 20th and 21st of Juue, contain the fallowing particulars . -A letter from the Greek camp has been received here, addressed by the Insurgents to the Turki-11 Governor, in which they beg for an amnesty, and de clare themselves ready, in case it should be granted, " to return to obedience, from ‘ , ..hich they have been led asti ay by Ypsilanti's delusive intrigues and se ducing promises?' The Kiaja of the Pasha imme diately gave orders to have Proclamation everywhere made, that the amnesty required should be given to all Insurgents who lay down their arms and return to obedience. The Kaimacan of the..Hospedar. is employed in the appointment of the Chiefs of Districts, several of whom have alicady repaired to their respective posts, in order to do w.liat is possible to restore order in the depopulated and desolated villages. A Deputy has also been sent to the Boyars, who are now at Cron stadt, in Transylvania, inviting them In the name of the Government: to return home. The ball:c letters paint the situation of the pro. wince in the most gloomy colours. " Difficult as it may be (says one of these letters) to foim'at the fit 4t moment an estimate, founded on a solid basis of the destruction that has taken place, it may be affirmed that fifty millions of piastres is too low a calculation .of the loss occasioned to the proprietors, especially to the class of small landholders, first, by the insur rection of the Pandour Chief Thecidore ; then by the appearance of the corpi of Iletatisv, and lastly by the advance of the Turkish army. Among the losses we must reckon, not merely the wasted stores, the plundered and ruined buildings, the pecuniary exac tions, which the leaders of the undisciplined bands of Insurgents, and almost each individual Insur gent allowed himself to practice; but the loss of the whole of this year's harvest, because the far mers fled from their homes at the beginning of the Revolution, and did not sow their fields, and the winter corn sowed in Autumn now rots on the ground, because there ate no reapers. Wallachia, formerly so rich. .will not recover in twenty years - from the sufferings which have been brought upon this province by an ill-judged enter prize, hazarded without knowledge of the people and of the local relations ;—an enterprize to which the great mass of the people has remained alien, and which could not terminate in any case . but with the destruction of all property, either by the Revolution and intestine war, or by the consequences of a war with neighbouring Powers, the theatre of which must inevitably be on the left bank of the Danube. Hi therto no complaints can be ma. 4 e. against the Corn, manders of the Turkish Army ; the) act with great . moderation ; but the Army itself is composed of such heterogeneous parts, and the soldiers, of whom it chiefly consists, are so little under controul, that its • appearance is everywhere attended with unavoidable desolation. In the midst of the contest stands the poor farmer, to whom the whole affair was foreign in its origin, and who considered the first appearance of Theodore with a few Pandours as nothing more than one of the usual incursions of a single Chief.— The most opulent classes soon fled from the towns, and left them and their property to their fate. The towns and the country were soon without any Go vernment, and the farmer had no other means of safety than to yield himself a prey to the first parti san; or to fly into the woods and mountains.—This is a faithful picture of the last few months: the future certainty offers no very satisfactory prospect. IA consequence of the elevation of Mr. FOSTER and Mr. Pout to the Peerage, vacancies have oc eorred in the representation of Louth County and the queen's County, Ireland. Thursday se'nnight, Mr. ALLAN, a respectable far pier, residing near Naburn, about four miles from York, fell from a quantity of hay, not more than a yard and a half high, and broke one of his ribs. He lingered in great pain until Satui day, when he died. LAWIntLLI.GT,.VCS; COURT OF KING'S BENCH, JULY ex. SHEPHERD V. lIAIN. This was an action noon the warranty of a ship. The plaintiff purchased from the defendant, for £2300, the good snow Fortitude—warranted copper sheathed and copper fastened. After the vessel had made a voyage to the %Vest Indies, the owner disco vered that she was not, throughout, copper fastened; .and accordingly brought his action. It appeared that the Fortitude was advertised for. public sale, but bought by Mr. Shepherd upon pri vate contract. The printed bills described her as " copper sheathed and copper fastened ;" and to be bought " subject to all faults. " The SOLICITOR-GENERAL denied any legal warranty. Mr. Justice BEST thought that the printed condi tions amounted to a sufficient warranty. The SOLICLTOR-GENERAL then defended himself upon that clause in the conditions of sale which ren dered the purchase " subject to all faults." Mr. Justice Bssr.—That would be " subject to all faults" not especially provided against by the condi tions themselves. Several ship-owners were called, who considered the Fortitude to be a vessel part iron, and part cop-' per fastened. The plaintiff was on board the ship before he purchased it. The SOLICITOR-GENERAL submitted that the clause " subject to all faults," would cover the partial defi ciency of copper fastening proved in the. present case; and relied upon the case of " Bagleyhole v. Walters," in-which the late Lord Ellenboroogh decided that " subject to all faults" covered any defects, provided the seller used no undue artifice to conceal such defects. Mr. Scatmerr cited the dictum of Lord Mansfield in the case of " Schneider v. Collins," that there was no difference (as regarded a purchase) between a sel . le?s stating that which. he knew to be false, and his .stating that which he did not know to be true. .• Mr. Justice BEST thought that the plaintiff was entitled to recover. In " Bagleyhole v. Walters" there had been no distinct warranty. In the present case, the words "subject to all faults" certainly would not cover the absence of that particular quality which the former part of the conditions expressly provided to exist. Verdict for the plaintiff—Damages 'cloned. RAYNER V. OODNIAN. This was an action upon a policy of insurance. The risk was upon a cargo of wheat, from Wi,heacli to Wakefield. At a pitrtkular point of inland navi gation the master of the vessel (the Neutral) found that the canal up which he was sailing was about to be drained ; and, accordingly, he looked out for a safe mooring place.. Unfortunately he placed himself over some sunken piles : as the water fell, the ship took the piles instead of t! , a ground ; and, in the end, she was completely scuttled. The question was, whether the accident, as it stood, did, or did not, amr'nt to a stranding? Mr. SCAIILETT submitted that where a man in- tended his ship to take the ground (unless he was compelled to form that resolution by a peril of the sea), such taking of the ground did not constitute a stranding. If the Neutral had been, in law, stranded, then half the ships which lay in the River Thames were str anded twice in every twenty•four hours t for they took the ground at every els:, tide. The da mage in tl,c present instance (Mr. Scariett concluded by submitting) arose from an accident, not from a peril of the sea. • The Mater of the Neutral said, that when he ar rived at a certain lock in the river, he heard that the w..ter would Within a few hours be drawn off. Ile placed his snip upon a spot pointed out to him by the lock-keeper. Ile did not know whether his ves sel would take the ground or not, because he did not know to what extent the water would fall ; but he thought that (in ca-c she did take the ground) she would take the ground most safely upon the spot whet e lie mooted her. Mr. Justice Besr thought, that according to deci sions, and according to common sense, there had been a stranding in the present case. When a man brought his ship inr.• the Thames, and 7noored het in a situation to take the ground at every ebb tide, 'then he contemplated the event, and the grounding was his own act. It was evident, in the present case, that the Master of the Neutral did not, wleit he en tered the Wisbeach river, propose to run his ship aground, but he was compelled to do so by the drawing off the water, an event of which he had no previous notice, and over which he had no possible controul.—Verdict for the plaintiff—Damages £2OO. COURT OF COMMON PLEAS, JULY e:. DAVIS V. THE BANK OZ LNOLAND. The plaintiff in this case, Mr, Horatio Davis, sought to recover the value of £lO,OOO Bank 3 per Cent. Consolidated Annuities, and £75 per Annum Bank Long Annuities, transferred by the Panic un der a fictitious Power of Attorney, to which Captain Davis, the plaintiff's brother, had forged the plain tiff's name. The defence relied upon was, that the plaintiff, having withheld the commurication of the fact of his brother's forgery from the Bank for a considerable time after it had come to his knowledge; and having received certain sums of money from his brother, which it was contended were part of the produce of the sale, whereby he bad adopted or sanctioned the transfer, had conducted himself in such a way a; to debar him of all right to recover in this action. It appeared, amongst other circumstances, that on the day before the next dividend, after the transfer, had fallen due (in January, 1820), the plaintiff received £l5O from his brother, which was the precise amount of his dividend on the £lO,OOO Consols ; and on the next day he called at the Bank and drew £2O, the amount of a half year's dividend on £BOO Navy 5 per Cent. Annuities, without apply inrfor any other. The defendant's Counsel insisted that it was manifest front this that the plaintiff was then aware of the .transfer, and only drew the £2O, conscious that that was all to which he was entitled. In his answer, however, to a bill of discovery filed by the defen dants, the plaintiff swore that at that time he had' no knowledge of the forgery, and merely drew the EW as having occasion for that sum to make some pur chases at an auction which he was going to attend. But he admitted, that on the sth of March, two days after his brother had been taken into custody for cora mitting a forgery on the. Messrs. Drummond for £6,000, he called upon him in Giltspur-street COmp ter, and asked him, " as he had been committills forgery upon strangers, if lie had meddled with his! property ?" to which he replied, " that he had taken the £lO,OOO Consols, and £75 Long Annuities."- - On the 7th the brother escaped from the Compter in the disguise of his servant, previously to which, he gave the plaintiff an order on his bankers fOr what ever balance of his remained in their hands, and which, amounting to. £23, he received. The next dividend fell due in July, but the plaintiff made no application to the Bank until Septerater, when he wrote a letter from the country to Messrs. Marsden, his Brokers, stating, that in consequence of his mo ther's protracted illness, occasioned by the-shock she had received, he was prevented from coming to town, and would therefore thank them to prepare a•PoWei of Attorney for the purpose of receiving the divi dends due upon the stock (specifying it) in the Bank in his name. In reply to the Broker's answer, in forming him that there was no such stock in the Bank in his name, he wrote back to say, that he had given no power to any person to transfer the stock in question, and he therefore hoped the mistake would he rectified. Upon this the denouement took place. These were the leading circumstances upon which the defence was grounded ; and it was argued, that by the suppression of the forgery when it came to the plaintiff's knowledge, the Bank had been precluded from taking measures to have the brother secured, or to have recovered the property which had been lost. having therefore, as far as he was able, prevented civil responsibility, and obstructed criminal justice, the plaintiff had forfeited all claims to remuneration. The Learned JUDGE in his charge said, that before he proceeded farther in this very singular case, he should observe, that the Directors of the Bank had done right in bringing it before a Jury. The situa tion of the plaintiff was greatly to be lamented : for through affection to his brother, he had declined making the disclosure of his crime; and that affec tion, if' the defence preiailed, would ruin hint. It was admitted by the Counsel for the Bank, that if this were a common case of Stock transferred by forgery, without the plaintiff's knowledge, he would be entitled to recover. And here his Lordship felt himself bound to state his opinion, in order that the parties might make what use they could of it here after ; which was, that if there had been a suppression of the fact of the forgery on the part of the plaintiff for a length of time, no matter what his motive, or whether the defendants received any injury through that suppression or not, he was not entitled to re cover. The first question for the Jury, then, was— When did he first obtain a knowledge of the transac-- tion? Was it in January, when he received £l5O fioni his brother, the precise amount•of his dividend, the day before it fell due, and on the next day drew but £2O from the Bank, the dividend arising from the Navy Five per Cents.? If he had then known it, and he received that £l5O from his brother as his di vidend, that was evidently an adoption of the trans fer. But even if there were no adoption, supposing him to have known it then, his giving no notice of the transaction to the Bank until the following Sep tember, would, in his Lordship's apprehension, de prive him of the right to recover. In his answer, how ever, he denied that he had at that period any know ledge of the circumstance. But then, did he know it oh the sth of March ? The conversation stated in his answer proved that he did. Had this been a' stranger, instead of his brother; it would have been his duty instantly to have given the Bank notice; for v.lio can say, that if the Bank of England knew that: thi6 man had committed a forgery upon them to the amount of £IO,OOO, they would not have taken more effectual means to secure him ? and a feeling towards his own brother, however amiable, did not alter the legal effect of the case. But the suppre s sion did not stop there; for he made no communication of the transaction till after that mockery of writing toMessrs. Marsden took place in September. His Lordship's opinion, therefore; was, that by this suppression the plaintiff had debarred himself of the right to recover. The Jury, without any hesitation, found a verdict for the defendants. OLD BAILEY. Saturdiy, John Summers was indicted, on the Co roner's Inquest, for the wilful murder of Mary Sum mers, his wife, in May last. He pleaded not guilty; and the evidence of the person who found the body was taken, as was also that of Mr. White, the house surgeon of Mary-la-bonne Infirmary, who was clearly of opinion that the body, when found, was in that state that it would be impossible to ascertain the cause of the death of the person. _ _ The Learned Judge then addressed tlie•Jnry, and explained the law of the case. The Jury instantly acquitted the prisoner. Yesterday, Hector Monroe, a young man 18 years of age, was placed at the bar,. and indicted for steal ing in a dwelling-house two snuff-boxes, the property of Mr. W. Troy. The facts of the case, after a short investigation, were distinctly proved against the pri soner. He only asked one question of the witnesses, and then threw himself upon the mercy of the Court. At first he refused to call any witnesses to his cha racter; but upon his stating that an attorney in Court (Mr. Hawkins, who was sitting at the Barrister's table) knew him, that Gentleman was called, and deposed that the prisoner was a young man of very respectable and affluent connexions; he had known him from his childhood ; and his conduct, as far as the witness had an opportunity of observing it, was that of a gentlemanly young man, and he was much beloved by those who knew him until this unhappy occurrence. The Jury returned a verdict—Guilty of stealing to the value of 395. The prisoner's dress was so extremely ragged that it would scarcely hold together ; he had no shirt ; and. his whole appearance was abject misery and wretch edness. It was evident, however, by his countenance, that he had seen better days ; and, when called upon to speak fcr himself, his language was not that of of a person of low breeding. The following were capitally convicted : John Wilson, alias Patterson, for burglary in the dwelling-house of Alexander Broadfoot, and stealing three silver spoons, &c. Charles Gilbert, for assaulting William Moore on the King's highway, and taking from his person a sovereign and other monies. John Montgomery, for assaulting Mary Hart on she King's highway, and taking from her person two handkerchiefs and 2s, her property. Ann crotcs, for stcaling £lO iu Bank-notes, the ' property *of Mr. Thomas Rarriaby, in hit dwelli,ig. house s in the.county of Middlesex. • . THZ LONDON GRAND JURY. At half-past four o'clock the London Grand j ay came into Court with the last of their . Bills; and; - having presented them, the Foreman begged p eecn i s. sion to address a few words to the Court. The Count—We shall be happy to attend to any thing you have to say, GendeMen. The FoREMAN—We have now, my Lords, r esente d all our Bills, and have gone through the whole ei our duty, save and except that which we consider a most important part of it, namely, visiting and i n . specting his Majesty's jail of Newgate ; and we no ., wish to know, from your Lordships, whether that i s a part of our imperative duty or not? Mr. Justice HOLROYD—Gentlemen, the questi n g which you have put to the Court, has already unde r . gone the solemn consideration of the twelve Judges. to whom it was submitted some Sessions ago; an d i t was then decided, that although a Grand Jury may claim the. privilege of visiting the jail, on the gre sm d of immemorial custom, yet that they cannot iusiu upon it as a matter of right.. That decision, Whi c h was the result of mature deliberation, was annu m . nicated to the Grand Jury who made the first cation upon the subject. The FORZBIAN—We thank the Court; and ha . rins the sanction of so high an authority, we can depart perfectly satisfied that we have performed the whol e of our duty. Mr. Justice liotnotn—You have performed your duty, Gentlemen, and you are discharged, with the thanks of the Public for your services. Bow. sr Rem—Yesterday Thigh nnerS t a ) o ung man of respectable appearance, was rem an d ed , charged with defrauding George Dykes, a carpenter, of two bills for C.h) each, under pretence of piocurin* him a situation in the Excise. QuEFIN•SQUA ac.---Ethrtrd P.0701 1 2(171 rai fully corn. mitted, charged with picking the pocket of Captain William Dobson, of the E Ist Middlesex Militia, of a purse containit a y , Ws. at the entrance Gf Westrui... ster Abbey. RLROROUCH-STREET.—A boy of `;teen year cf age was charged with robbing a Lady cf the name of Manning of her ridicule, containing two sovereign!. The prosecutrix was attacked, at mid-day, in High. street, St. Giles's, by the prisoner and another boy, who snatched the ridicule from her. The prisorer was secured by Bartlett, the Beadle. He was fully committed for trial. Monday se'nnight, Mr. CAMERON, Dundee and Edinburgh carrier, sent by the guard of the mail, as usual, his way-bill, containing sundry papers, and £ll2 in Bink-notes. Upon the mail's arriving at the Black Bull, Edinburgh, a fellow demanded " Came ron's way-bill;' which was, given to him. He was found to be an,impostor, but too late; he had made off with the pfofits of his villainy. Wednesday, two fine young men, sons of John Macklean, tenant in the braes of. Kilrnorack, were fishing 'in Loch-nan-eoin, when one of them went in to bathe, and poing beyond his depth, his dangerens situation wa..; o!iserved by his brother, who went in to his a . : , ictance ; but after a short struggle in the Water, the were both drowned. Their nielaucholy fatewas witnessed by a boy. aho gave the alarm and the bodies w ere found, but too late to restore animation. Wednesday, two women, in the employ of 'As. Jon)/ FA R L Am, at Border, Holm-Cultram, near Ca.• lisle, went to bathe in a creek of the sea, and, it is supposed from their having got out of their d:p h were both drowned. One of the women was :errant to Mr. FA LAm, and the other wife of his servant-man. Friday afternoon, a young Gentleman, a boarder at the Ret. G. Thurgarland's Academy, St. Andrew-gate, Carlisle, west with one'of his companions to the river Ouse, near marygate. He was disposed for bathing, and, though dissuaded by his jo senile friend, went into the water, and met that premature death which will be a matter of deep affliction to his worthy fa ther, who resides In London, and to all his other connesions. BIRTHS. Friday last, the Lady of G. H. Furling, Esq. of the General Post-Office ' of a daughter. July 13, the Lady of Major Clayton, at Ballylickey Hower county of Cork, of a daughter. MARRIED. July 113, at Durham, Robert Rattray, Esq. W. S. Edinburgh, to Dorothea, daughter of the late John Dagnia, Esq. DIED. July 4, at Tonch-house, after a short illness, the-Lady of Sir Henry Steuart, Bart. of Allanton. . June 23, at Lausanne, Mrs. Kelso, the Lady of Archibald Kelso, Esq. of Sauchrle, county of Ayr. July 9, at Stepends of Urr, aged 77, John GUI, Esq. late Provost of Dumfries. July 16, at Henlef-on-Thames, Maria, second daughter Of the late Col. 0. Harper, Hon. Bast InJia Company's service. June 17, at Chelsea, Capt. Duncan M`Bean, late 7th Royal Veteran Battalion, aged 55. Wednesday, at Ruddington, near Nottingham, while on a visit at her friend's, aged 23, Miss Sarah Wastie, of Camden town, in cobsequence of taking cold. ♦Vednesday, at Longtown, after a short illness, Lord Tarn, as he was returning to the county of Armagh, in Ireland. A few days ago, at Crosshill, in the parish of Beweastle, is Cumberland, Elizabeth Story, aged 101.—The deceased had fur many years been an inmate in the workhouse—she left no Issue. July 14; at Upperby, 31r. Jonathan Richardson, aged 96,a native of Carlisle: in the art of swimming he bar seldom bees equalled; and during the early part of life, his various perform• ances occasioned the astonishment of all aroun d . _ _ Lately, at Allonby, Mary, the wife of Mr. Samuel Grate, aged 58. During the time the neighbour'Were potting the body into the coffin, Thomas Gravev the eldest son of the deceased, also died, aged 30: they were both buried in the samet grave at Allonby chapel. NEW GATE axe LEAbENH ALL M ARK ETS;Jimr 21: (By the Carcase.) • Beef ... ........2s 44 to 3s 4 d Veal ,2504t0 4$ a Mutton.. • ...... 2s 44 to 3s 44 • Pork ls 4d to 4$ al Lamb 31. . to 41. 4d. PRICE ' WSW BAGS. IF HOPS. _ Kent NEW TOCEST4. Kent Sussex 2l as to 31 as Essex Foreign Sussex 2l Sts to 31 Oli F.ssex Farnham RAW HIDES. Best Heifers and Steers (per Ordinary... is 2d to si 4 4 I stone) 2510d to 3a 2d Market Calf 8s od to Os a Middlings 2s 84 to is 84 Eng. Horse es od to Os ad Sheepskins—Lambs, Is Od to 3s 6d—Polled, Os od .to Of of HIC: H-WATEIt at Lo: 10c:ening • Aftcrtaon ' IDON isitIDGX TO-Mult KO' - 15 ties after ID - - LON DON : Printed and ptiblisbed by Irv, hirTi &ow Elm,' Tempts-Bir. COAL MARKET, Jot.: 23. Ships at Market. Ships Sold. Price. 3pl Newcastle 16f 31s Od to or.s fd 5 Sunderland 4* 34s 31 to 435 Od 1 Derbyshire Coal 1 365 Od to Os Ocl ----- L 3112 LS 5f • '1 . 1:14 ... I fiva rs in ra a, u . ..c0 I' S% Milk ROW.