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

INTELLIGEget FALMOUTH, NOVEMBER 8. Arrived his Majesty's ketch GLAN LUSE, Lieuenartt Messw,from Plymouth; and Dap:talus, Young, a transport from the Channel gees; alo seven sail df transports from the Bay of Quilteron, loving landed French troops from Lisbon.--Sailed his Majesty's brig Mcnatt, with the Stet for the Brazils; also the following p ic k e ts, viz, the Lady Pellew, Captain Harvey, for Corunna ; Lady Arabella, Captain Portens, for the Mediterranean ; and the Prince of Wales, Kirkness, for Jamaica.—Wind N. E. PLYMOUTH, NOVEMBER 9. This morning arrived here the French brig Bonne Louise, a l et ter of marque, pierced for 22 guns, with only 12 mounted, f r om Bourdeaux, bound to Martinique, laden with Brandy, s ine, and flour, captured b? the INDEFATTOMILY, of 38 guns she is a very flne brig of about 500 tons burthen. YARMOUTH, NOVEMBER 10. This morning the Fittcota sloop of war passed this port with a eons - oy front the Baltic. Sailed the BRLVDAGERILM and Bison tit pl .hrigs. Ships here—Roxanca, Vice-Admiral DOUGLAS BEL ataoraos, Admiral GARDNIR I ABOCRIR, MINOTAUR, MA JESTIC, ALEXANDRIA, CALT 110, ROSAMOND, SKYLARK, BM SW, HAVOCK,ACUTZ, SAFEGUARD, and SEALARR. The ALEX ANDRIA frigate will take over Mr. MERRY and suite for Stock holm, who is expected here on Saturday next.—Wind N. E. PORTSMOUTH, NOVEMBER 10. A rr ived his Majesty's ship Victual' from the Downs.--Sailtd yi 3 Majesty's brig R car° e on x cruize.—Wind N. E. DOVER, NOVEMBER io. Carle in this day in consequence of the wind blowing hard from the N. E. the smack Mary Ann, from Rochester, bound to Calais u a flag of truce, having on board a French Officer who tune from Oporto, General Kat:J:lmA N'S Atd-de-Camp and savant:tip site will sail again as soon as moderate. DEAL, NOVEMBER to. Sailed through the Downs from the Riier, the Stirling, Luau, for Curacao ; and the Dee, Max°, for St. Michael's. SHEERNESS, NOVEMBER 10. krivel from Gottenburgh his Majesty's ship VANct•ARD, Captain THOnAS BAK I:R.—Sailed from the harbour to the Nore, the CESTINEL gun-brig, with the signal for convoy to the Baltic. Heligo and and Baltic convoys are both detained by con trary viirdc. Five P.M. It blows very fresh from the eactwarcl. Niost of diem:Thant vessels, at the Norc, are coming into the harbour for safety. NAVAL ENGAGEMENT. The following is the literal copy of a letter from on board the AFRICA, and gives an interesting account of the action between tlrat ship and the Danish gun b 'ats : His Majesty's Ship Africa, off Copenhagen, October 20. " ma DEAR YRIEND, " I offer sincere thanks to ALMICIETT Con, for his infinite mercy in preserving my life this day, during a very severoaction with the Danish gun boats. We sailed from Carlicrorta, in Swe deni about a week since, with a convoy under our protection of nearly 200 sail of merchantmen, for Malmo. Our convoy got • Into the wished-for port,all,l believe, except one taken, and titres en shore, which were burnt by our people, to prevent their fal ling into the hands of the Danes. The Africa kept between the convoy and the Danes, to cover and protect them. About cue o'clock this day it was quite calm. We saw the Danish gun boats rowing towards us, to the number of 32 boats: perhaps you do not know, but for your in filemation I tell you, when a large ship is becalmed, she is quite unmanageable, a mere log on the water, which was our case. The Dares, with their oars, took the opportunity to come An our quarters and bows, where tney knew we were wcakegt, and en deavoured to rake us. About half post two o'clock, they came within gun shot of us, and we opened a brisk fire on thetas, from is many of our guns nwe could bring to bear on them. They continued advancing, and stationed themselves some ol the quar ters, and some on the bows. " 'liaise boats have in a calm much superiority over a ship ; bby means of their oars, they can pull round a ship in any direc tion, and being small, comparatively only like a speck on the wa ter, they are no mark to aim at like a large ship. They contain edin el, as far as we can learn, about :KO men, and 128 guns, Mind 42'., *with swivels. To do them justice, they shewed mach courage in coming near us, for oursliot went far over them. " I was stationed at the lower gun deck, to hand powder from the magazine ; ssad confess, I suuddered to see the poor sailors knocked down in our ship, as I could sometimes, through a alit in athisk bone' screen, which was hung round the hatchway on which I stood, to prevent any firr_ from the flashes of the guns communicating to the powder, as it was handed up to the people above us, immediately over the magazine. I confess my weak ; my standing over the powder room, the shots pouring in, in every direction, together with shells, I thought the magazine would be blown up. I endeavoured to bear up against my fears, sad succeeded. " Their rape-shot could only be likened to showers of stones or dust thrown into the ship by shovels. The screen round me was soon knocked away entirely, by splinters. A cartridge of pekes, of 41bs. which I held up over my head to the man above sne, blew up, the lid of the cartridge box being off, without hurt ing me, except a slight stroke on the eye. I cannot think how I escaped, but by an over-ruling Paovint vet:, from deseruction.— Ssvttal large shots came through the ship's side, close to me.— Two iron staunchions, six or seven inches in diameter, were shot through and broken to pieces. The man over me to whom I handed the powder, was wounded in both arms, and in the breast. " At half past seven, rhos:, that remained of the enemy began to pull awsv front Uf. lam informed by our people who were on deck, they supposed the Danes suffered extremely by our fire, zs they saw several boats sink, and they were picking up the people out of the water. Some had not more than five own left in them. 'the darkness of the night finishud the business. " At the conclusion we find that we have eight men killed outright, and in wuunt'ed many badly. The total is 61. " Our colours were twice shot away. Ihe enemy, supposing we had struck, buzzard and pulled nearer; we huzzaed and pelt ed away at them ; they drew back. " We expect the masts to fall if we should have much wind, before we can reach a port ; in short, we have many shots be tween wind and water, and some such large pieces knocked out of the side, that I could almost creep through, and we are a mere wreck. Our boats are shut all to pieces ; an armed chest on the poop blown to pieces by their shells ; but, thank Con, we beat them off. We suppose their loss in men must be three times greater than ours, considering their numbers, and from what those On our decks saw. .1 . 1m.e now in the ship, and who were in lord Nelson's last action at Trafalgar, say, this surpassed it for bard fighting. " Ihe emits) slimed the greatest courage. We have three officers wounded, and the Serjeant-major of Marines badly.— Captain Barrett walked the deck all the time during the action, ai cord seed comp,ted at if not!L:rg was doing, encouraging his men. lie has given hash his cabins to the wounded; and the oiltershave given them their cots. " W e are going to Cerlscroi ato refit. The worst is, we have nothing but crisply honour for this, and hard knocks; no prize money. lam. writing thi on Saturday night. I drink all your healths idd happily's& in a z ilie:s of grog. This is a brave ship's company, r-Ilicwh.t under 4U) men, and tco inuch cannot lit said in their If the day-I:ght had continued two hoirs lony:er, and the perse. - ered with a little more ju4 anon, Coq !nal killed to"...tairds of uc, or sank the ?kip, for she will, with our Cap tain, weer strike her flag while she swims. I suppole we 11:..11 next conic t England, as our ship is above Liay yea. 7,. id, and quite (lone up. This evening (Sa tikrchT; Yaoht rb'clach, we fill in with our Commander in Chirt. S'. 1. tauniarex, in the Victory. Ciptain Barrett went to hoar,: to hir‘i, and got ordrrs to go to Carlsci °Lk to repair his slinu ge . , ' so. 001 cno .." gt:NDAY-T have betn on shore, ar.d on returning to the "PI 'ls f:n viewing her sterr and sidles. In the stern that n,4 a squ ire foot without a shot striking, or a hole : there a:t 70 hole.. in 1.. We Lave got sure c.u - penters from the ships here, and they *1 busy in repairing the damages, in ceder, 1! we suppose, to e:able 1:s to pmered to E.-zland." rife ritEAMEs. DRLYRY-LAWg.-Last flight was produced, for the first time, a Drama with Music, itultuled " The Siege of St. Quint in j or, Spanish lieroisin." DRAMATIS PERSON/g, SPANIARDS. Emanuel Philip (Duke of Savoy) Mr. PurnAst. Count Egmont (the General) . Mr. &LISTON. Theodore (his Son) • - - Master WALLACC. Everard (the Military Minstrel) Mr. BRAMAN. Bettt-And - Mr. Dc CAMP. • Alvarez - - - Mr. RAY. Adriana (wife of Egniont) - Mrs H. SIDDONS. RNOLIS/1. Sir Leinster Kildare - • - Mr. lottnrronit. Captain - - - . Mr. MApooces. lAA . Mr. Pz Serje•ant Sturdy • - Mr. Cootie. Soldiers - . - IMP. GIBION, Mr. DIGNUM. De Courcy (Governor of the Castle) Mr. RAYMOND. Laroche - - - Mr. SMITH. Rosa de Valmont - - Miss RAY. Margaret . - - - - Miss Ttnswrt.t. TLe Vocal Parts by Mr. Brakain, Mr. Johnstone, Mr. Gibbon, Mr. Dignum, Mr. Cuoke, and Miss leron. THE FABLE is a story of old times.—E ivr;/st,;GtWeral in the Spanish army, being anxious to see his wife and son, who are detained as Pri soners by De Courey, in the Castle of St. Quintin, enters the For- I tress in disguise; but being discovered, by the exclamation of the child at the unexpected sight of his father, is confined beneath the I stage in a cage or iron, over which his wife and son are immured. The son contrives to steal the key, and liberates his father; and whilst Do Courry and his soldiers descend into the Iron Repository, it ,•arch of Egmont, the key is turned, and, by a little legerdemain, the captives become free, and the guards become the guarded.-- Egmont succeeds in passing the sentinels; but his wife, son, and Rolm ele Vainorr, their attendant, are detained; and at the instant I that the ?atter is about to suffer death for having deceived De Coi‘rey, so.) attempted to effect the emancipation of his Prisoners, her rescue is accomplishoil, and De Corny overthrown, by a party of English Soldiers, who, by a Ruse de G , have obtained ad- misssioa to the Fortress, under t he auspices of Sir Leiniter Xildare, a gallant Irishman, and an old inamorato of Rosa r; with whose nuptials, :sod the re-union of Errant with Adriana, the Piece happily conchides, In the choice of his subject and his scene, the author appears to have been desirous to avail himself of the popularity of the Spanish cause. The allusions, how ever, were not happy, and did not produce the expec ted effect. They were complimentary to England; whereas, to gratify a truly just and generous feeling, the author ought to have attributed every thing to Spain. The Count Egmont, of Mr. ELLISTON, was a combination of the leading features of Rolla and Alonzo, in Mr. SHERIDAN'S celebrated play of Pi zarro. It afforded some situations which were very interesting. Mrs. H. SIDDONS was a Cora, braving every danger for her husband and child. She played the part with great truth and feeling. In the scene where she discovers Count Egmont in disguise, the house rang with applause. The youth who personated her son played very well, but. he was too much grown, and this affected the delusion of the scene.— Mr. JOHNSTONE, in Sir Leinster Kildare, was not ex actly in his proper line. He should have appeared like a brave officer in his military profession, and not sighing like a silly swain for a little village girl. No. thing is more ludicrous than a false expression of pathos—it never fails to excite laughter. Upon this principle we must condemn Mr. DE CAMP'S Bertrand. The character would have been supported much better by Mr. HOLLAND. Miss RAY was an interesting Rosa, and played the part with feeling and good sense. Mr. RAYSIOND, as the cruel Governor, was most suc cessfully terrific. Indeed the performers, in general, were much applauded, and exerted themselves to the utmost. Had the author confined himself to an after piece, the present materials might have answered most successfully ; but the combination does not possess strength, variety,and interest,equal toa principal piece. As a second Tekeli, it would have left the authornothing to wish for. To the managers as well as to the per formers, he is greatly indebted for the success which it did obtain. The scenery was beautiful and pic turesque in the extreme, and the dresses and decora tions various, appropriate, splendid, and expensive. In the vocal department, Mr. Bnititam came forward as a martial minstrel, to rouse the Spanish troops pre vious to their storming the castle. The strain chosen for the occasion was an adaptation of the celebrated Scottish air, " Scots, wha hae wi' Wallace bled."— The song is highly impressive and affecting; but it was here out of its place : the utmost energy and pathos of Mr. BRAIIAM could give no effect to it. Miss FEDoN, as a peasant girl, had also an air, which displayed her powerful voice to great advantage.. The beautiful duet of All's well, was executed by Masters DounouseT and HUCKEL, pupils of Mr. Count. They sang in the most enchanting style, and were rapturously encored. The concluding scene of the piece was badly managed, and was lost in con fusion, and the curtain fell amidst a tumult of hisses and applauses. Public expectation had been strongly excited, and the Theatre overflowed, at an early hour, with a brilliant audience, including Dukes of Montrose, Argyll, and De Castries; Marchionesses of Headfort, and Dowager Bath; Earls Camden and Cowper, Countesses 13arry•more, Dowager Buckinghamshire, Clermont, and Cowper ; Viscountess Melbourn ; Ladies M. Taylor and G. Cavendish ; the Hon. Mr. lamb; l'ortuguese Ambassador, and a party of Portuguese Nobility. . . KING'S THEATIIE.A new melo-dramatic Opera, callsd " The Exile," was last night presented, for the first time, at this Theatre. THE CHARACTERS. Mr. POPE. Mr. INCLEDON. Mr. Musinzu. Mr. LISTON. Mr. FAWCETT, Mr. YOUNG. Count - Count Calmar • - The Governor . - Baron Alltradoff Servitz . - Daran - • The Patriarch - - Yerroak - • Welzien - - The Empress Elizabeth Catharine - Alexina - Sedona - - Anna - - Mr. CRY.-SWFLE. Mr. MI RRAY. Mr. CHAPMAN. Mr. JEFFRIES. Mn. ST. LEGER. Mrs. DICKONS. Mrs. H. JOHNSTON. Mrs. Gums. Mrs. LISTON. and in that capacity uounpanies hint to ToboiskoW, tvhither the ha! on is journeying to claim the hand of Catherine, the Governor's niece, whose affections he in vain attempts to win by his skill in music and dancing, her heart being already devoted to Coed Calmar, by whom she is beloved with equal ardour. Rammer, aware of the ruin preparing for Cesar, (Wick, to conceal his benea volent designs, assume s a ferocious aspect, and expresses a deadly hate to the Exile and his family, by whi:h means he completely blinds the Governor, as to his intentions, and, jointly with Wel. sier, the enraged and rejected suitor of Alrxina, is entrusted with the execution of the Empress's orders; in pursuance of which enrid is dragged front his retreat, and imprisoned in Tobolskow, and they are sent in pursuit of Ales.ies, who has set out, accom panied by re, ma, a faithful domestic, on the desperate under taking of travelling to St. Petereburgh to sidle it her father's pardon. In this undertaking be completely frustrates the vindictive designs of Welzieu, and Alcxina reaches the neighbourhood of Moscow in safety. "I he rejoicings of the inhabitants of that city announce the grateful tidings of the accession of Elizabeth to the Throne of Russia, and of her approaching coronation. 'flexile:l hastens thither, rushes into the presence of her new Sovereign, and not withstanding the influence of the Patriarch, a near relation of Prince Lowenstern, she procures, through the means of the dis guiseei Romagolf, the pardon she solicited, and immediately departs for Siberia, without waiting for the deed of pardon to be com pleted ; by which means she is again subjected to all the bitter ness of sorrow ; and, in order to save herself and family from im mediate destruction, is compelled to mary the supposed Derail.— The Governor at length receives the' Royal Mandate from his Court for the liberation of Coast Uh hi, and by it he becomes ac quainted with the villany and disgrace of Prince Lowenstern, which reconciles hint to the union of his daughter with Gount Cal mar, to Whose protection she had fled, after escaping from her uncle's house by the ingenuity of Straits. 119manof, not Dal an, claims dfhxilla for his bride, and the Exile is restored to his for mer honours. The reception given to this piece in its representa tion was the most flattering and unqualified we recol lect the most favourite of our modern dramatic pro ductions ever to have received. Its claims to merit are nut built merely upon the ordinary aids, of splen did scenery and fine music, but it boasted a higher title to public approbation in the dignity, purity and feeling of its language. The sentiments of filial piety, breathed by the amiable Alexina, were admirably cal culated to excite in the heart of every auditor feelings germain to all that is amiable in human nature. The music, ahhough it had not much novelty, yet its grandeur and peculiar propriety amply compensated for the defect, and the scenery, dresses, and decora. tions were of the first order in splendour and mag nificence. But however much is due to the success , of its representation, from these recommendations, yet more of its applause must be attributed to the exer tions of those in whose hands it was entrusted. One of the most prominent novelties of the evening was the first appearance of Mr. YOUNG, whose era; i was hailed with such testimonies of enthusiastic gratulation, as were alone sufficient to ensure the Piece a most cor dial reception. Throughout the whole of thin Gen tleman's performance, he received so many marks of public approbation, as, formed no small addition to the well-earned fame he has already acquired, and must stamp him, in future, as a favourite with,the Public. Mrs. H. JOHNSTON, as illexina, captivated the House by her tender sallies of feeling, in the double character of daughter and lover. Mrs. DICKONS was in fine tone, and was encored in several of her songs ;. as was INCLEDON, whose ballads were well adared to bring forth his most melodious strains. The parts allotted to Mr. POPE, Mr. MUNDEN, Mr. LISTON, and Mr. FAWCETT, were sustained in a manner well worthy their reputation. The whole performance was re ceived throughout with the most unqualified approval, by one of the fullest Houses the season has witnessed. THE REMEMBRANCER OF A PROMISE. T love, sweet Bmily ! thy bloom of youth, Thy speaking eyes, thy charms, thy every grace! But in thy bosom if there be no truth, Ah ! what avails thy loveliness of face ? Sweet is thy tongue—it speaks but to delight: Thy rosy lips with honied words distil ; Say, Heavenly Powers! can falachood shine so bright, Can such lip promise—never to fulfil? LAW LWELLIGENCE. D. ►. COURT OF KING'S BENCH, NOVEMBER 10. OYSTER FISHERY. In a case of trespass, for infringing upon a right of Oyster Fishery, Where a verdict was given at Chelms ford last assizes, for the plaintiffs, Mr. HAnnisoN this day moved that the verdict should be set aside, and a new trial granted. From his statement, it ap peared tl►at the plaintiffs were tenants of Sir Henry Mildmay ; thal in right of him they exercised the pri vilege of oyster fi;hing in a certain part of the county of Essex, on the sea coast ; that the defendants, as well as the plea of general issue, had also put in four special pleas to the declaration ; that the plaintiffs re plied, and now he made the present application upcn the ground that the plaintiffs in their replications to the said pleas, did not set forth such specifications as would affix the boundaries to their respective rights and privileges, as the pleas bad pleaded that the locus in quo was an arm of the sea, and ergo a liberum tent menium.—Rule refused. BOWNAY W. PETIIF.R. Mr. Serjeatat LENS moved for a rule to chew cause why there should not be a new trial in th:s case, which was an action for a malicious arrest and prose cution. Bownay was a dealer in spirits at Winches ter, and was at Barnstaple upon business, where an agent of his, one Hooker, had been arrested by Pe ther, a bailiff, and was in custody. The plaintiff wishing to procure his liberation from custody for a time, pledged two bank notes of 101. and 201. each with Pether, for his appearance on the 16th, which was afterwards enlarged to the '2lst of May, upon a written memorandum. Hooker then returning into custody, the plaintiff demanded his bills, and tender ed to Pether his paper memorandum, which Pether snatched out of his hand to tear it, and told him he had nothing to shew for his money'; but the plaintiff Sc a tie—Russia. - _ - I insisting upon having the bills returned, Pether charg . THE FABLE. . ! ed him with a forgery, saying the bills were forged ; Count Ulrich, a nobleman of distinction, after acquirirg great and he was committed by a Magistrate from the 21st reputation in the Russian army, is nevertheless banished to Sibe ria, through the base influence of Prince Lowenstern aver the o f May to the 26th, upon a charge of forgery. When, Empress Catharine. He is thither followed by Sedona, his wife, upon a letter arriving from the Bank, declaring the and his daughter dfleviria. Rosusne, the nephew of the Gayer- bills to be good, he was immediately released. The nor of Tobolakow, frequently visiting the wretched family at their only ground for charging him with forgery was that retreat in the neighbourhood, a mutual attachment takes place . between him and Almina, which his uncle suspecting, in order to the notes were very old, one of them being dated in prevent his future visits, and to compel him to marry the niece 1774, and the other in 1777. The Learned Serjeant of Prins Lneenttern, banishes him beyond the frontiers, and now contended, that there had been no evidence of endi:avours to force A/taints into a marriage with Welcien,-- malice, which was necessary to support this action. Ronwsuf assumes the name of Arran, goes to St. Pctersburgh; , and, in the cbstmise of an Indian, gets into the service of Baron L or d .C.LLENBOROUGH thought there was no prt -41/iraiq; a nephew of Prince Loweastern, a pert, vain coxcomb, bable cause for charging the felony, and that tilt circumstance of tearing ttie paper was evidence express malice, and indeed he seemed to shew such indifference to the feelings of others, that it might be considered as a sort of general mated Rule refused. TRIAL BY JURY,---BROWN v. MIDDLETON. Mr. GARROW in this case moved for a new trial.—d It was a question of usury, which we reported last week, upon the ground, that if checks or cash paper were sent by a letter on the goth, which did not ar rive in London till the 21st, it was an advance' updn the 20th. The Court thought it should not have been stated as a loan for the purpose of a penal action till the gist. Mr. GARROW then moved, upon the ground that there was a verdict a g ainst evidence. The Court said, they did not know an instance of a new trial in a penal action, where the verdict was for the defendant, unless it was for a mistake or mis direction by the Judge. The ATTORNEY GENERAL said, a Counsel in a pe nal action once persuaded a Jury to find for the de fendant, because, though he shot off a loaded gun and a bird fell, it was possible the bird might be frighten ed at the noise, and not shot by the defendant. But the Court refused to grant a new trial. Lord ELLENBOROUWI said, he thought the rule should not be without an exception, for Juries might be tempted in those cases to decide contrary to all law. The reason why they were not subject to a new trial in cases of assault was on account of the at. taint which might be entbrced against a Jury. Hit Lordship, however, declined granting the rule until a precedent could be found, and for that purpose sus pended the judgment of the Co urt . H e sa id h e should be inclined to grant it for the purpose of dis cussing the question. COURT OF COMMON PLEAS, NOV. 10. EVIDENCE.---NORDIN V. WILLIAM;;ON. This action was for work and labour done towards the erection of a brewhouse projected by a Mr. Pugh. The defendant, the keeper of a public house, had in terfered from an expectation of getting the tap. The cause had been tried at the Sittings after the last Term, and the Jury found for the defendant on the evidence of a Mr. Twyhell, who had been partner to the plaintiff at the time the We. k was executed, and was therefore a plaintiff in law. Twybell swore that they had not looked to Williamson for payment. Serjeant COCKELL now moved for a new trial, on the ground that I'wybell being a plaintiff, his testi mony, according to the rules of evidence, could not be admitted. The Court, however, agreed with Chief Justice Mansfield, that a plaintiff might be admitted to give evidence against himself __ Serjeant — CocKELL objected, that it was impossible to know how a plaintiX would give his evidence till he was sworn and actually examined. The Court replied, that if the defendant chose to run the ri s k, there could be no objection to such evi dence. Ruh: refused. N. B. It seems, therefore, to be tlte opinion of this Court, that a plaintiff may be admitted as a witness, provided there was no objection to it by either of the parties. By parity of reasoning the rule will extend to a defendant likewise. PAYTOZ v. WZNTE AND HAY. This was an action brought to recover the amount of a bill of exchange, which had been altered, when left for acceptance, from one to two months after date, by which the Plaintiff was disabled from recovering from the maker, upon account of the alteration. Mr. Serjeant RUNNINGTON contended, that, by law, the acceptors were warranted to accept under what terms they pleased ; and tier this purpose quoted two cases, the one from Strange, where the time of pay. ment was altered, as in thv present instance, the other from Burrough, where the alteration was in the sum. The Court was of the same ()pinion, and rcfuszd to grant the Rule for setting aside the verdictlor the Defendants. BANWELL v. HARRIS.. This action had becn brought to recover the sum of 271. 10s. deposit, in the hands of the Defendant, as auctioneer, upon the sale of a house, which was sold, subject to a ground-rent of tw•o guineas, for want of title.—At the trial it was proved, for the Plaintiff; that the house in question was part of a large lot of ground and houses, the ground-rent of which, having never been divided by any deed of the head-landlord, this house,\-ir any other part, was liable to the entire of the ren:, and, consequently, that the seller had no good title. The Defendant proved, that the landlord had ac cepted two guineas a year for this house, for upwards of twenty years; and Sir JAMES MANSFIELD, before whom the action had been tried, left it to the Jury, whether this acceptance of rent, for so long a period, was not such a severance, as to discharge the house from liability to any further rent. There was a verdict for the Plaintiff, with liberty to enter a nonsuit, subject to this point. WILSON V JOHNSON, and WILSON V. TURNER. These were two actions to recover compensation in damages for malicious arrests, and verdicts in both, for the Plaintiff, in the sums of A:1000 and .€l5OO. In the action with Turner, it was proved, for the Plaintiff, that the attorney for the Defendant had of fered to release the Plaintiff out of custody, upon his discharging the other Defendant, Johnson, the noted smuggler, from a demand made against him, and for which he had held him to bail ; but this was denied by Johnson to be authorised by him, and therefore it was now contended, upon motion for a new trial, that the evidence was not admissible. The Rule to spew cause was granted. WOOLLEN V. LARENIONT AND OTHERS. This action was brought by the Plaintiff, a baker, against the Defendants, contractors with Government, for the supply of the troops at Sheffield with bread, for the amount of bread alleged to have been so sup plied by him on their c: edit and account. The de. fence at the trial was, that the bread in question was not supplied on. their credit, but on that of a person of the name of Mast, (since a bankrupt) who was a sub-contractor under them, and they called a witness to that fact. The Jury understanding that such sub contract was contrary to the terms between Govern ment and contractors, found for the Plaintiff 1401. damages. It was now Moved to set aside this verdict on the above evidence, and also on the deed of agree ment between the Plaintiff and Mast, which was not forthcoming at the trial. Rule to chew cause granted. 1