Star. — London, England, 1803-01-26 00:00:00

NAUTICAL INTELLIGENCE. MAILS THIS DAY—WIND N. Anivirs....l Dublin, i Jamaica. None aut. FALMOUTH, JANUARY 23. Arrived late fail evening the hired brig Regu lator, Capt. RIDMAH, from Tortola, in 25 days, with the Leeward Iflands Mails, which were in t Ended for the LADY HobART packet ; but that veffel, on her arrival at Barbadoes, found, by the fealcd orders the carried from hence, the was to fail immediately for Jamaica, which fhe accord ingly did. The paffengers by the Regulator are, cape. KARR, and Mr. BUSH. Arrived this day the American fhip Felicity, Capt. SMITH, in 35 days from Alexandria, with tobacco, &c. for Cowes, with thelofs of fails, and very leaky, and the brig Venus, Capt. Toxin, from Tencriffe, for orders. Arrived alto the AUCKLAND packet, SCHUYLER, with the mail from Jamaica, which the left on the sBth ult. There were lying there his Majeay's (hips GOLIAK, SANTA MARGARITTA, WOOLWICH, and Gyp s sy.—On the 28th ult. in hat. 3z. o. long. 159.56. fhe rarther ftern on the wreck of a large fhip, bottom upwards, and carried away her cat. water, the packet then going at the rate of (even knots an hour ; in confequence of the Block fhe received, every man was carried off his legs ; fortunately no lives were 1011, nor was any other injury done to the fhip—it blowing very arong they could not make say further difeovery. On the 3oth ult. (poke the fhip Mary, of and from Greenock, bound to Norfolk in Virginia, then in lat. 34. 54- long. 6 7 . 56. out 42 days, all well; and on the toth intl. in lat. 44. 36. long. 31. (poke the Betfcy, of and bound to London from Jamaica, all welL The AUCKLAND brought no pallingers. His Majefty's fhip CERBERUS failed on the 7th uk. from Jamaica with the mail fur England. PLYMOUTH, JANUARY LI. Came in the Henrietta, Capt. JAN[:! POINODAR- Tn. from Honduras, bound to Landon, laden with mahogany : he is confidered as the lateß !hip from the bay ; and when the !lined there did sot appear to exifi any difagreement between the Engli(h and Spaniards, as has been fo generally Rated in all the public Papers; the DASNIR, of tsguns, from a cruife; the Lauda, of London, Capt. FOTH IIINGH•m, from Jamaica, in thirteen weeks, bound to London, laden with rum and' (agar; the Victory, Capt. Joust Ntwel., from St. John's, in 39 days, bound to London, laden with fins and oil ; and la Bonne Mere. Capt. Louts Leonos a, from Marfeilles, bound to Havre, laden with foap and other merchandize, after a palage of 47 days. Came in the Ann, of this port, from Falmouth ; and the Hope, from Swanfea, with coals. Sailed the EaoLa cutter, of 8 guns, on a eruife. The fchooner Lord Nelfon, of this port, Capt. CaowLe, which failed from hence fome weeks ago for Gibraltar, is arrived fafe at Lifbon, after en countering many very heavy Dorms : fhe was very near being run down by the HOUND (loop of war, kat before the reached Lifbon. PORTSMOUTH, JANUARY 25. Arrived the Eleanor, Devi. ; and the Ann and Eleanor, from London. The H aac u Ls, of 74 guns, Capt. Ft Rlt TS, is or dered to be fitted and Itored for twelve months, and to fail immediately for the Mediterranean. The CIIIISOR gun veffel, Lieut. Autism', is ordered to Leith to receive feamen. This morning the DON/I EGA 1., of 84 guns, Capt. Sir RICHARD STRACHAH, failed with fealed orders, fuppored for the Mediterranean; but before the cleared St. Helen's, the fignal of recal was made from the Telegraph, and (he has fince anchored at Spithead. There are •arious conjedures as to the caufe of her return; it is moil generally believed that the is to take difpatches to Gibraltar. YARMOUTH, JANUARY ss. The Hope, of Hull, Capt. Deuo•t., with bran dies, which 101 l her anchors and cables, and which was obliged to run for Harwich in the late gale, I arrived here on Sunday, to deliver Come brandy at this port : the drove from her anchor on Mon day morning. 'and the gale continuing with fleet, the drove on this beach on Monday evening part of the cargo will be Caved ; none of the ciew have been Inn ; but the veffel is Copiloted to have re ceived confiderable damage. The Ariana Pieter Nellar, Lira CR•YI matter; and the Jonge Ca irina horoclia, CH 111. KUYPIII matter, two Dutch fclinyt s, with pa trengers, which they landed at Lowelloff, were, on account of the gale, obliged to flip frion their anchor, anl run tor this har liour, which they reached with great difficulty.— The tailors at this port have entered into a refolu fon, not to proceed to fe.t :vic!icait an advance of wages; in conftq , tence Of which, the Merchant: not being willing to comply u ith their requen, the airs are prevented from failiag, as they com pel the tailors to leave the (nips. Remain in thefe roads the Lvax (loop of war, which is entering feamen at this I ort.—The gale Rill continues at Ea% with Cees. DEAL, JANUARY 15. ' Sailed through the Downs, the Lady Shaw Stewart, PARRY, for Montferratt. Came down, the Union, —, for Leghorn, and remains with His Majefly's !hips as per loft. Wind Esta, blows hard. HULL, JANUARY 24. The Hope, WARE. from London, for this port, with goods, arrived here lail night, after a linrmy paffage ; having been obliged to put into Harwich with lofs of anchor and cable. ST. PETERSBURCH. DEC. to. Three Lubeck and two Swedi(h (hips were yeller day happily brought through the ice, in which they were frozen at 7 werfts, or about five miles from Cronftadt, into Cronfladt harbour. Four of them came from French and German ports. and one had jolt failed from this place. They were all deeply laden, and in the greaten danger of being cut in pieces by the ice. Ca punt EH Hof Lubeck, who had already loft an anchor, and few debut - lion before his eyes, ventured, at the hazard of his life, to go en (bore over the loofe pieces of ice, to leek al finance; he found in Mr. NiEmertri courage and readinefs to Ain Him. An Officer and 42 volun teers. under NAIRN% and Nista-tares direCtion, offered to remove off the dangerous floats of the drift ice, to relieve the (hips from their extreme danger. Provided with hoards, and tools for breaking up the ice, they proceeded, on the 24th November, towards PRICHN'S (hip, the Anna Chrillina, which lay (fill in open water, three werfts from the flat ftrand of the (bore, and eight werfts from Cronfladt, dole before the drift ice. Being prevented by the fog and driving (how from difcovering their way, they wandered about for five hours upon the ice, till, by continually cal ling out, they fucceeded in making themfelves per ceived by the crew of the (hip, who anfwered them with a fpeaking trumpet ; but when they reached the Chip, it w.rs too late to undertake any thing, that day, and they therefore returned to Cron ftadt. The next day Niaitairs took a compafs with him to find the way. They began to break up the ice, and thus made a channel, through which they brought the (hip 6o fathoms nearer the more fixed ice. The 26th, in the morning, they perceived, with aftoni(hment, that a large mars of ice, before which Nitrates (hip had lain the day before, had drifted away in the night, and that if it had not been brought the preceding day farther into the fixed ice, it would probably have been driven athore and cut to pieces.— Half a werft from Patina's (hip lay the Swe di& (hip Fryheten, Captain EftWARS, in the fix ed ice. Help was alfo afforded to this veffel.— The three following days they worked thefe two flips through two channels to the neareft Lubec ker, the North Star, Capt. Limos, which lay fix werfts from Cronftadt. When thefe three were united, they made a channel through the ice to the Swedifh (hip Venus, Capt. Lortaxito, and to the Lnbecker Einigheit, Capt. STUCKER, which were at a (mall diftance. Continued froll and calm weather now favoured the work, which, in the firft four days. had been exceffively impeded by the fog and drifting (now, the workmen having to ftand from eight in the morning to four in the afternoon, conflantly in the water, which gonad up as they broke the ice away. Many fell into the water, but were always happily extricated. After twelve days moll fatiguing and dangerous labour, all the five (hips were brought eight werfts through the ice fafely into the harbour ; and by NIBMANN'S indefatigable aCtivity and courage, this brave man, who, as well as his companions, re garded neither health nor life, fucceeded in laying the crews, the flips, and cargoes. The violent gale from the South, which rages to-day, and has let the ice again adrift, would certainly have driven thefe flips alhore, where they mull have (bared the fate of the Englifh (hip the Princefs of Wales, Capt. Yclumo. The Caber ! , 4 frigate trarrived at Bantry By, from Jamaica. whence flit failed on the 7th of December. The Britannia, Brown, from Denman, Is kit at Antigua. The lithe, --, from Briftol fee Dublin, k as sore at Dundalk, and full of water. The Hannibal, Dyer, from Stade for Oporto, Is loft oat Figueira. The Mm, Mafon, from New Providence for North Caro lina, is put Into Charkfton, in dards. The Margaret. Goodwin, from the Canaries for Loadoe.ls loft near Oporto. The Moo. Darbyatire, from St. likes for Looting. io put into Vigo, in diftrafs. The Hero, Deane, from Newfoundland for Leghorn, is loft of Lame. and all ie crew. llie Surprise, CA •Tlti, (TOT Liverpool it Rotterdam, put into Ncwry the 7th MR. with the la s of an anchor and cable. Monday Profeffor ALDINI had the honour of exhibiting his interefiing experiments on the drab; of Galvanifm, before their Royal Highneffes the Prince of WALas, Dukes of CLaaaaca and Con aaaaa 111), with feveral other di ilinguillied charac ters, the Profeffor being araed in his operations by Mr. CARPUB, Profeffor of Anatomy; Mr. Hurcmins, a Medical Student; and Mr. Cora- ' PillTSoo, an eminent Philofaphical Inftrument maker. The whole of the experiments were per formed with the greatelt accuracy and effeaft at which their Rnyal Highneftes and the other noble ' perfonages tefiified their entire fatisfaition. The adios excited in the mufcles was very firong over tlie whole body, both in hot and cold blooded ani mals; and Galvanifm certainly offers very powerful means of Refill - citation is cafes of fufpended ani mation from common caufes, as drowning, hang ing, &c. as well as opens an emotive field for im provement in Phytiology,Pathology,C.hemiftry,&c. Profeffor Aust.!, we underfland, has now in the pre(' a very curious work on this fubjea, which ' will contain a Aries of interefling Galvanic expe riments, performed before the Commillioners of the French National Inftitute, and lately repeated in the Anatomical Theatres of London. It will be illufirated with Plates ' , engraved by an eminent L.IIIIf INTELLIGENCE. COCaI OF KING's BENCH, JAN. RYAN V. RENIkR. This was a Rule calling on the plaintiff to fhew caufe why the defendant lhould not he dileharged out of cu(lody on filing Common Bail, and the queftion whether he ought to be fn or not, de pended on the conftrunion of the An of Parlia merit of the 38th of Geo. 111. cap. cn, fee. 9. which was an Aa made for the relief of Alienswho fhould be driven out of their own country and come into this in confequence of the French Revolution, which An provides, " that loch perfons Ihall not be held to bad, or taken in execolion, &c. in this Kingdom, for or by reafon of any debt or other caufe of Anion contraned or arifing in any parts beyond the fea." The Ihort flatcment of the fans of the cafe is this : The defendant gave a bond fur the payment of a debt in France, as a fecurity for another perfon there, and that bond was fent over here to the plaintiff for the purpole of putting it in force againfl the defendant here, and to obtain the money upon it. Whorl the defendant came here the plaintiff told him he had t h is bond againft him, and threatened to arreft him for the debt which was due upon it. Upon which the defendant having no money (for although a manof property in France, he was obliged to leave it behind him, when he fled to avoid the horrors of the French Revolution) he told the plaintiff he had a brother who poffeffed confiderable property in the Weft Indies, and he propofed to draw on him a bill of exchange for part of the debt fecured by this bond, and it was agreed between the parties that the defendant lhould do fo ; accordingly the defen dant drew a bi.l of exchange on his brother in St. Domingo, payable to the plaintiff,which hill was afterwards fent to the Well Indies to the defen dant's brother,but returned for non-payment, upon which the plaintiff held the defendant to bail, for the amount of this bill, and the queftion now was, Whether the defendant was, or was not, entitled to be dircharged upon the provifions of the above Statute ? Mr. ERSKINE, on behalf of the plaintiff, ad mitted, that if the defendant had been held to bail upon the bond, he would have been ..ntitled to his difcharge according to the humane provifions of the above Att of Parliament, becaufe that arufe from a contra& in France, bin here was a bill of Exchange drawn in England for a fpecific fum of money upon a bill, and which bill was payable to the plaintiff, and returned to him for non payment, and therefore that was a new contra& between thefe parties, made in England, upon which the A& of Parliament was not intended to operate, and therefore the defendant was not en titled to his difcharge. Mr. Gilles, on behalf of the defendant, con• tended that he was entitled to be difcharged un der this A& of Parliament ; that, in truth, this was not a new contra& between the parties, but a mo dification of the old one. The plaintiff had a bond given by the defendant in France, for a debt contratted in France, upon which, molt clearly, he could not have held the defendant to bail in this country, the provifions of the A& being di tally againit that; the plaintiff told the defen dant he could arra him on that bond, ' , Mich was a fraud upon the defendant, for the plaintiff had no fuch power ; however, the defendant having no money, and believing his brother had, in the Weft Indies, drew this bill on him, which was to be con fi dered only as an order o f defendant's on his brother to pay a part of this money, and this was in cafe of the plaintiff, to obtain money , 1 which he could not have of the defendant, which bill was returned for nonpayment, upon which the bond flood in like manner as it there had been nothing done. The whole matter originated jn France ; there was no new confederation given to the defendant in this country, and this was an at tempt to render a man liable to be held to bail, for a debt, becaule he had, from an excel b of ho nay. endeavoured to give the plaintiff a better chance than he had upon the bond, for the defen dant was not bound to give this bill, but might have left him to his remedy upon the bond ; but he had endeavoured to do better by giving this bill, which endeavour had been ineffedtnal, and the plaintiff then Rood in his original fituation, which did not entitle him to bold the defendant to bail; for which reafon he trufted the Court *meld be of opinion that the Rule for difcharging the defen dant on filing common bail, fhould be made ab ((Ante. _ Lord Eu.seaosnucH raid. it appeared to him, that the °hien of the Ad of Parliament in this cafe was to proten perfons, driven from their own country, by the violence of a revolution, from the inconveniences of arrefts in this. on account of contrans entered into in their own, but not to pro ! ten any perfons from the inconveniences which might rcfult from their contralti here, however improvident they mig ht I be. In this cafe the Court b moil take it, that parties were equally cogni bet of the law of this country ; and with that knowledge which the defendant was prefumed to have of the law, he gave this Bill of Exchange. which was a fecuriq for the payment of the mo ney therein fpecified. Mr. Gus. Paid, that this Bill of Exchange was given to relieve the plaintiff in this cafe. That was not fo ; it was rather to relieve the defendant trim the preahre of a fist which might have been infiituted againit him, although that could not have been a bailable one. The defendant might therefore have been Paid to have purchafed a be. nefit to himfelf by giving this fecurity to the plain tiff, it was therefore neceffarily a new caufe of ac tion. In Awe the anion was made different, by' giving a Bill of Exchange, from that in which it would have been upon the bond, (for upon the hondan anion might have been brought, although the party could not h;ve been held to bail ;) nor was this all, for the coniecprences of an anion on a of Exchange and upon a bond, were differ ent in tome refpens, in point of law. It was there fore not an anion upon the old contras, which arofe in France, but upon a new one, which was made in this country. Some difficulty did, at Lk prefent itfelf upon the word debt, as it ftood in the Aa of Parliament; but here the debt was varied in its ()ape, and therefore the mode of aaion was VAI Lord Ett.emllOß 0 Ur; H haring expatiated on the nature of the cafe in many other refpeets, laid it appeared to him, upon the whole of it, that from the variation made by the parties as to the means of ftsit, and the rights of the parties, this cnAld tun now be faid to be a debt wiring in a fisecific contras trade abroad, but was a new debt arif.iig here, wilt new incidents to be attached to it, to gether with new forms of anion, and therefore be could not feel that the patty, on wh;,1:: behalf the application was made, came within the beneEt of the AC of Parliament. Mr. Juffice Gauss laid, that the queflion here was, whether the band or the bill ef exchange was the caufe of atlion ? If the bond, unquellionably there would be an end of it, the defendant would have a right to his difcharge, as the motion pray ed. But the bill of exchange was the caufe of the aftion; and as' to the circumfkances under which it was given. the parties muff be taken to be cognifint of the law. The defendant knew that he was liable to be fued upon the bond, though not to be held to bail; and then he chofe to change the fecurity, by giving a bill of Exchange. That bill of exchange was a new caufe of aftion, arifing in this country, and that the defendant knew, or muff be fuppofed to know. Suppofe this was a negotiable bill of exchange, and had got into the hands of a third perfon. what anfwer could be given to him ? The prefent defendant could give the fame anfwer to him as he now offered to this plaintiff: he really did not fee any ground of dif tittaion between this plaintiff's Cafe, and that of an Indurfee of a bill of exchange, for in this cafe there was nothing ma/um info. He fhould have been glad to give to this defendant the benefit of this merciful At of Parliament, if upon the circum fiances% he had appeared to be intitled to it, but he was not fo, for the caufe of this aftion did not arife abroad. Mr. Juflice LILWRINCII (aid, that if the aft of Parliament had enabled the Court to extend its provillon to this defendant, they would have been glad, for although the law prefumed that he, as well as every other perfc.n who entered into any contra& knew the law of that contraft, yet the probability was, that he did not know the law which exempted him from arrea upon his bond in this cafe. However, he mull be taken to know the law.—The tingle queflion was, Whether the rank of this aElion arofe in this country or not ?" and upon that, it was impoffible to doubt, fince the aftion was brought upon a Bill of Exchange made in this country. Mr. Juflice Ls &aim Paid he fhould, for the reafon affigned by Mr. Jullice LAWILENCI, have been gl.sd, if the Aft of Parliament had empower ed them to relieve the defendant ; but that was not fo. By the Aft of Parliament, the slefendant was not exempted from the penalties of a fuit upon the bond ; it only providedthat his perfon could not be arrefled in the firft infiance.—He, under an ap prehenfion that he might have been arrefted upon the bond in the firft inflance, or to avoid any other courfe of law, gave to the plaintiff this bill . of exchange, and fo he became liable to all the confequences, as any other perfon would be who gave a bill of exchange. It was a central en tered into in this country with all the confequen ces of fuit attaching upon it, and therefore the defendant was not entitled to the benefit of the Aft of Parliament —Rule difcharged. OLD WARRANTS Of ATTORNIT. Mr. MANLIT moved for leave to enter op judg. meat on an old Warrant of Attorney. The affi davit Rated that the party was alive on Thurfday Mr. Jullice GROSta You mutt Ray until von have an affidavit of the party being alive within the term. The very fame thing that this motion feeks was refuted lalt term to Mr. Holroyd ; it is a pity that Gentlemen at the Bar will perfift in making motions which have already been refuted. Tilt KING W RIDGWAY. This was a Rule calling on the defendant, who is a bookfeller, to mew caufe why a Criminal In formation should not be filed againft him for an alledged libel on theMagiarates of Gloucefierihire, and thofe wbo have the fuperintendance and di. redion of the gaol of Gloucefter. Mr. Aesop moved that the Rule be made abfo.ute on an affi davit of fervice.—Rule abfolute. PARR AI) °TAMA O. TAYLOR. A motion was made on behalf of the defen dant's bail, for an Habeas Corpus to be direfted to the keeper of Newgate, to bring up the defen. dant for the purple of being furrendered in this adion in difcharge of his bail. Since his arreft he had been made a bankrupt; was examined by the Commiffsoners, and committed by them for not anfwering fatisfaelorily ; and this was the only courfe the bail could take to exonerate thcmfelves from the civil fuit.—Rule granted. The like motion was made in another cede of behalf of the bail for the fame defendant, at the lint of another plaintiff, and the motion granted. CUTHBERT V. SWITI4EN. Mr. GARROV/ moved for a rule to (hew cattle why a warrant of attorney, which had been granted in this cafe, fhluld not be delivered up to be cancelled ; and why an execution, which had iffued under it, for levying it tl. timid not be fet afide The defendant had obtained of the plaintiff the loan of two fums of money, 351. and 751. and gave him a warrant of attorney for tool. The plaintiff was to receive only los. a week for the loan of this tool. which was to be for twelve months. Orders were tent to the plaintiff's at torney to prepare this warrant of attorney, and to have the los, inter& per week inferted in it.— The Attorney's Clerk Paid he could not do that, but if they pleated, he could do what would be equal to that ; he would make the warrant of at torney to•fecure t atsl. The plaintirdid not choofe that ; that would not fuit him. They were then told they muff fettle it among themfelves. The plaintiff (aid to the defendant, I melt h ave t h e warrant of attorney to pay at the end of &month, and you muff troll to my honour." He received his i os. on every Monday, for a (bort time, and then told the defendant be wanted tome money, as he wiled to buy goods. He gave him il. Mid