The Statesman. — London, England, 1809-07-24 00:00:00

LAW INTELLMSNCE. COURT Of CHANCERY. . . Saturday ) July 22. NICHOLSON AND OtIIIRS V. OIAPLTTOIS. The Plaintiffs had made an agreement with Sir Martin Stapleton to dell him some land and boos s, and filed a bill for a specific performance of the contract on his part. He answered, that he was entitled to a building called •• The Old Kitchen," which they affirmed not to be included in the con tract. Ile also filed a cross bill, calling upon them to give him the Old Kitchen, or in case this was not done, calling upon the Court to dismiss the former bill. The Defendant moreover ob jec.ed that the Plaintiffs could not make a good title to the entirety of the property, ‘shich it ap peared had been bequeathed to diem under a will of the late Mr. Nicholson in these terms, " all my undivided moiety of the property (describing it) and all my right, interest, &c. therein, tf an " kr. The LORD CHANCELLOR said, that some doubt was thrown upon the title of the Plaintiffs to the entirety by the singular words of the will, and consequently upon any title which they could give to • purchaser. The probability nas, that the title was perfectly good, bat according to the practice of the Court it could not compel the De. fondant to take a title upon which there was a doubt prima facie. He could not, therefore, order the yerformance of the agreement. But the Court as of opinion that the Defendant could Is u t have been entitled to the Old Kitchen ; and as unieteee.twentieths of the expeece had bean occa. sioned by the dispute about this Old Kitchen, his Lordship ordered that Sir Martin Stapleton should pay the costs of the cross bill entirely, and of all that part of the proceeding upon the original bill which re , ited to t"e Out Kitchen, and that the Pleiades should pay the remaining costs of the original bill. Saturday, July t 2. SHARPS V. NICHOLLS. The Plaintiff bad sold an estate to the Defend. ant, who refused to complete the bargain, owing to a defect in the title. The Plaintiff, it appeared, claimed under the late General Prevost, and the objection was, that the General was out naturali. zed, and consequently war incapacitated from holding lauded property in this country. Evi. deuce was, however, produced before the Mas ter, that General Prevost had taken'the oaths, itc. required by the 13th of George the Second ; but to complete his naturalization under that het, which relates to: the naturalizatibn of American Protestants, it was necessary to thew that he had resided men Oars in America, without having been absent for more than two months at a time Stott theses. Mr. Lases sod Mr. lIART engaged to prove this by the evidence of persons who had beak with General Prevost, in America. The LORD CHANCELLOR thought that upon this being proved, the title would be good. Sir S. RONILLT Said, all his client wanted was, to be assured of his title. But the proof ought to be completed at the Plaintiff's OEM. This was assented to by the Chancellor. MORRIS V. COLMAN. This cause stood over, by order of the Court, till this morning, for the purpose of giving the parties an opportunity of agreeing, if possible, for reftrrisg the natter in dispute. The LOUD Comient.os now iuquired, if any such agreemcut had been entered into by them ? Mr. HAW", for the Defendant, said, " there bad nut. He con ceived the Court had to decide upon what had b.cn put in issue between the parties, before any refer ence could be wade to the Macer." COURT. —" Can I decree a partnership, in commou for ever, ou such a subject-matter as Theatricals ?" Mr. HART..." My Lord, I thought that be. fora any reference to the Master, the Court had to decide, whether Sir. Morris, a proprietor of one fourth hart, could become a tenant, in common, its the half, contrary to the inclination of my cli. rot, and contrary to the terms of the articles be. tweets them." Cotitur.—" Mr. Hart, will you give in a de. clatation of what your client understands to be the effect of those articles ? I could wish the parties would agree, and thereby get out of lint water." Mr. IlAttir.—" I should be sorry to commit my client without due consideration. I should be ve_ vy happy to get him out of hot water, but I might only get him out of that upon the gridiron." COURT.—" If you cannot agree, 1 must only give my judgment; but I would have you cousi., der, whether your client may sot, in that case, get, if not from hot water upon the gridiron, at least between the frying-pan and the fire. Let this -stand over till Wednesday next, to be theu men. tioued among the motions." COURT OF KING'S lIENC/T, Friday, July 21. witiatir v. snviriti. Mr. MARY ta r stated this to be an action upon a policy of iosuranee on the ship Belleau, on a v o yage at and from Surinam, and all other West India islands, except Jamaica, to the port of London, oarranted to sail with convoy on or he. fore.the lit of August. The question was entire ly a point of lats. The facts were shortly these: The vessel in question, the Belleau, completed her cargo at Surinam ; although not a fell one, it was not intended to take in any more. She, to. a nther with twenty other; ships, was taken under convoy of his Majesty's ship Cerbtrus on the 19th of July, for the purpose of going to Torto la, and there to be cut under another convoy, in which passage the Gerbcrus, in a gale of wind, parted from the ice she had under her 'convoy. The &Bona arrived at Tortola on the sth of Au. gust, where another ship of war was provided by tilt. Admiralty, with which she sailed homewards from Tortola on the Bth, and was lost off the Li zard. Now it was true that this vend was war. ~~ THE STATESMAN. - ranted to sail on iser voyage op or before the Ist August, and that she did not sail from Torto la until the Bth, and that the policy of insurance was at andirom Surinam, and all other the West India islands except Jamaici ; but he submitted to his Lordship, that as this ship had cleared out of and sailed from Surinam before the Ist of August, she must then be said to have commenced her voy age, although she afterwards put into Tortola, where she was detaiued three days, in consequence of the exigency of her convoy, and that therefore she was under the protection of this policy, and the true meaning of the policy was, that the war ranty to sail on or before the lit August, should I he applied to her sailing from her loading port, and that she had sailed from her loading port, which was Surinam, before the Ist of August, and that she was therefore under the protection of this policy. The ATTORNIT-GENEILAL contended that the' meaning of this policy, which was " at and from Surinam, and all other the West India islands, ex. cept Jamaaica, warranted to sail on or before the Ist of August," meant that she shoeld sail from the West Indies altogether, and proceed on her voyage homeward, on or before the Ist of August ; that her having left Surinam before the Ist of August was not sufficient ; that she did not quit the West India islands until the gth ; that she thereby lost the benefit of the proper convoy to come from the We Indies homewards, which always comes off on or before the Ist of August, aid that this was the real cause of her loss, and that, therefore, in this case, the policy did not at. tach. Lord Eter.avnonoven at first thought, that, as this was a case upon admissions, and as it was a point of law upon a fact that was novel, although the principle that governed it was pretty clear, it might, perhaps, be as well to put it into the shape of a case; but on further consideration, his Lord. 'ship thought that as he had no difficulty in forming his judgment upon the questron, the more regular Course would be, to deliver 4hat judgment now, al a guide to the Jury, and leave to the party, to whose interest that judgment was adverse, to move the Court against his direction to the Jury if so advised—his judgment was, that the wordi in this policy " at and from Surinam, and all other West India islands, except Jamaica," were to be con strued for the benefit of the assured; and that therefore, this vessel must be considered to have commenced her voyage homewards when she sail ed from Surinam, and that her going into Mr tola, and staying three days there, was for the exigency of convoy ; and if so, she commenced her voyage in time, according to the warranty, and that she was, therefore, under the protection of the policy. One of the Jary said, they had precisely the same understanding of the meaning of this policy. And the same gentleman asked, 46 Suppose this vessel had been lost between Surinam and Tor. lola ?" (meaning that then there could he nu doubt upon the subject.) Verdict fur the Plaintiff—Damages to be ascer. talned out of Court. 'This was the only cause tried to-day. The Juries were then all dismissed, tho business of the Sitting, .eing over. Thus terminated the longest S ttings evil. known in Guildhall, in which no less than 356 causes were entered, and upwards of 200 actually tried. The Mayor and Commonalty of York have of fered the following premiums to such architects, engineers, or builders as shall, before the 2d of nut month, present the hest plans for carrying into execution the intended improvement of Oust Bridge, together with an estimate of the expance: for the must approved plan 1001.—for the second 60 , .—and the third 401. The Corporation of Lynn have it in confect. pllsion to crept a new bridge leadiisg to St. Ger man's, W'isbeach, &c. on the seite of that now called Lung Bridge, crossing the river Nar, which has long been in a dilapidated state. A public Dispensary and Humane Society has beets lately established at Penzance. Its objects are to mitigate the sufferings of the poor, in seasons of sickness, by gratuitous medical assistance, nou. fishing fond, and other needful comforts—to res. cue the poor from the malignity of the smallpox, by introducing vaccination—and the recovery of persons in cases of suspended animation. Dver.t.itto vtr GatavaLAnn.—Affairs of honour are decided in Greenland in a manner very differ ent from that of civilised nations. When a Green lander is insulted, or injured by another, he COM. poses a satirical poem, which he repeats and sings before his friends and domestics, male and female, till they hate all got it by heart. He then dial. lenges the other to meet him in an encircled theatre, where he sings his satire, accompanied by beat of drum, and every line is re.echued in chorus by his party. When he has thus discharged his taunts, and raised the laugh against his adversary, the latter steps forth, answers in the same manner, and cheered by the chorus of his party, retorts the laugh. The accuser renews the combat, and tries to baffle his antagonist a second time : its short, he that maintains the contest best, receives the laurel from the whole auditory. Saturday, at the Union-street Office, an elderly man, who has long laid the inhabitants of the 110. rough under contribution by the general wretched ness of his appearance, underwent an examination as an impostor. On being stripped, it was found that the discoloured bandages, which were artfully disposed round his leg, concealed no wounds, and that his right arm, which he pretended to have lost the use of, was entirely free from malady. In his I waistcoat fourteen guineas, the fruits of mendicityi were found sewed up. The Magistrate gave his. his choice, to go on board the tender, or be cons. mitted to prison as'a vagrant : he chose the latter, with expressions of gratitude, sad was immediate.. ly conveyed to his destination. Friday afternoon, as two young wen in a wherry. were coming from the Gallauns to Woolwich, one of them, rather inebriated, fell from the boat; his companion, in endeavouring to extricate him, likewise fell into the river. Fortunately som♦ boats Came to' their' assistance, by which means they were rescued from their perilous situation. CONFLICT' WIT!! A PRIV ATEE R. An article dated Mont Bay, May 3, in a West Indian Paper, contains the following statement : Off Mussels', un Saturday, at half past 10, A. M. Captain Muirhead, of the ship Royal Ed.', sued, saw a schooner and a brig standing with their heads to the northward upon a wind ; shortly after he perceived the schooner . bear up, as make - all sail alter him ; he continued his! course, all sail set, the schooner in ebase—he clearly made her out to be a privateer, full of men, with one very heavy gun in her midship. She com menced a heavy lite of ustisketry, frequently dis. charged her great gun, and hoisted French co lours. Capt. Muirhead shoved his colours, but was unable to get a gun to bear without heaving to, which he did not wish to risk. Having a round-house on deck, he could not get a gun to aft ; the only small arms on board were two fowling-pieces and two blunderbusses, and with these he returned the fire of the enemy. A running fi.Tht was then maintained for au hour and a half: the schooner coming' up sheer ed alongside, hooked a !Trap-line end chains in the mizen chains, and were prepared to board with a number of hands horn the bowsprit : uroii one of Captain Nluirhead's people crying out, " they have boarded," he instantly rushed aft, at the head of his gallant crew, to resist them, and ordered the helm to be put hard-a-port—the ship was going eight knots—the sudden jerk bro!se the chain and carried away the schooner's bow sprit, which was full of meu, ready to baled ; this manoeuvre sheered the schooner round, mot she Caine immediately under the larboard broad side of the ship, which was discharged right into her, lusided with round and grape, and before they could recover from the evident confesion they were in on board the schooner, a second de structive broadside was poured into her, with three hearty cheers from Captain Muirhead and his brave associates, which completely sickened them, as they sheeeed off much cut up, asseno' doubt with a heavy loss in killed and wounded, as her decks were full of men. Capt. Muirhead was unable to pursue her, fearful of his masts going user, as all his standing and running rigging was cost to pieces. The privateer hauled to the southward, anti Captain Muirhead continued his course. I went on board on his coming to an anchor, and never did I see a vessel so dread. fully cot up in sails and rigging ; there are up. wards of 500 shot-holes through her suits—all her rigging cut to pieces, and her stern must corn. pletely peppered—the mizen is a perfect riddle, and, wonderful to say, although there are several shuts through the round-house, not a soul was hart." SMULAR CONDEMNATION.—A physician of the name of Gertz was publicly executed last month at Berlin. lie was a man of extensive practice, and hail acquired considerable reputation; in his profession, as well as a noble fortune. The circumstances, however, which led to his disgrace ful end, are briefly these :—The only daughter a Baron Crueler, of the Prussian Board of Finance, was placed under his care for the eradication of a MerOptiftiOllS complaint. His skill sown relieved the young lady ; hut after a short time the disor der returned. Ho then declared to the fattier. whose confidence he had acquired, that unless the I daughter was more immediately under his eye, he could nut answer for her complete cure. The Be.- run s upon this representation, agreed to her resid ing fur some time in the house of Gertz, who was a married man ; and in this situation the latter I (wind means to abuse the confidence reposed in I him, by seducing the young lady. Dreading the manifestatioW of his guilt, and sensible that his pa tient's sittration.wonld not admit of much longer 'concealment, he prescribed a medicine which ope rated with much violence, and after a few days ter minated her existence. Previously to her dissulu. tion, however; she made knonn her shame. Gertz was immediately apprehended and examined—he •denied the crime imputed to him, and declared that his prescription was intended to relieve her pain. No evidence could be adduced of his guilt. The deceased. did not exhibit any appearance of being poisoned, and the medicine, on bCing analysed, was found to contain no ingredient of that nature. But several physicians having given their opinion, that they did not think that a man of Gortz's ex. perience could have given the merliciue for any' other than a malignant purpose, the Judges &Tid ed against him. His family has been banished the Prussian territory. A shocking murder was committed on Friday night at tit. Peter's-hill, Westminster, in the neigh. bourhood of Tothill.fields, by a woman on her husband. The parties had quarrelled whilst in bed, after each had returned from daily labour, and the wife stuck a knife iii her husband's fore head, which caused almost instantaneous death.— The woman was taken into custody, arid will be examined after the Coroner's Jury has sat on the body of the deceased. 'Another murder was committed al Drlyrot, Bucks, on Friday, by a youth of t 7, of tht name of Hawes, un the body of a woman of the name of Ludlow, in consequence of jealousy. The horrible act was committed with a knife, whilst the woman was asleep, and Hawes afterwards at tempted to destroy himself. Two publicans, on Tuesday, hi Edmund-street, St. Pancras, after drinking together for sonic time, quarrelled and fought: in the scuffle they fell, when one of them kicked the other in thu and knocked out one of his eyes, and materially injured the other. Last week, the child of a shoemaker, named Farmer, fell into the ditch at the side of the Small-Pot Hospital, and received so much injury that her life was despaired of. The new. Mr. Wright, curate of Long Sutton, in Lincolnshire, returning on Wednesday se'n. night, from [anion, where he had been burying a corpse, was violently attacked by a hull, which was grazing in a pasture through which the font. road to the church posses, and was so dreadfully gored by the furious animal, that his life is des paired of. POLICE. Mawatom.fititritt.--;Saturday Wm. Bland %% is charged with stealing 30 printed books, the pr per'y of Mr. Lucklane, a dealer. The Pri-ori r sold part of these books, tit- waste paper, :it fun:voice per pound, to a cheesemonger. 1:e appeared quite deranged, and seemed insensible , to his situation; his whole attention was occupied with a knife, which had been aken from him by a Police Officer, who appr.:hendt..ll him; he in. listed, with much violence, Out it should be re. stored, but was pncifi • , u:ont its being hand e d over to the gaoler, when the unfortunate mart contentedly said, " That's right, you can give it we when 1 caw to your priwo." His wife at.: tended, and declared him to lie a niani.o., o w ) , discharged from Bedlam a fortnight. He wa,, however, committed tor trial. On Wednesday morning, as one of the stage. coaches was coning down Osprins , e.hill, near Canterbury, the fure.wheel unfortunately broke, wlttch occasioned it to immediately overturn, and caused the following melancholy disaster :—One of the outside passengers, who was respectably dressed, fearing the result of the accident, at. tempted to jump from the roof, and unfortunately broke his neck ; he was taken up a corpse, and villains at Ospringe without any tidings as to his name or situation. Another of the passengers had his leg • broken, aced a third was very muds bruised : thu • inside passengers e , caped unhurt. TIIIVATEVED I YVAIII.O,I. —At no period of our history, has the efficient strength of our brave suf. di em an d s uilurs become of .'lore importance than at this eventful crisis. The uar of Vein's, as well as Mars, have not unfrequently obstructed ' their exertions on the ocean, and in th • " haled . field."— It may, therefore, be deemed a national good, that a REMEDY is now discovered, which is an absolute preventive of Venereal Infection, and is likely, in time, to exterminate it from the . face of tke earth.—The ARCA NU re, or MEDICATED Su Alt, according to the opinion of the most re. spectable of the Faculty, will be found a per. feet sarrou ARD in every climate, and is !old, with full directions,' in boxes, at 4s. each, (wholesale and retail), at the Medicine Office, No. 8, Bed. ford. court, Covent-gar:len. Any Gentleman re siding in the country, inclosing in a letter a one pound note, may have five boxes conveyed in a small package (by coach or otherwise) to any part of the United li.infdim. 517 - 01 Thursday last, the lAdy of Robert Butler, F.sq. of Ta ist.K:k-sqlutre, cif a rtaujiter. MARKIhI) On Thursday last, at Battersea, Henry Paulsen. Esq. of Upper Thalics-street, to Margaret, eldest daughter of Ri chard Ro hwell, Esq. of Clapham Common. On Saturday last, at St. Mary's, Siete Newitlttne, by the Rev. John Lewis Chirol, one of - his Matect's Thomas Nicholls, I-aq. of Bread-street-building‘, to Helen, third daughter of the late Mr. John Francis Rion:, of Stoke New ingtoe. . 1/11..;). The Rey, George Clarke, Hector of Meysey liareptoe, Fairfekril. Glooceste _ _ _ On Saturday, the 10th ult. d Hultweil, Flistsbite, Ed ward Mo.las, EN. of Orleton. lierefordshir:., brother to (lowland Blown, Esq. bete of Liverpool. Or Tlitifsdav iast, In his 91h sear, Willium Archibald, eld est ter of IS. A odersuo. Esti. or kuetell-gpare. r 11111: MOM -71- lis su bject to many Disor. ders of the must unplencant nature, bnt mon. pirtiru holy Scurbotic flemotim, Toroh-achy, nod Ulecrtou Mato. to no class was it inure evident thou in Cwailerisen of the cults t but now they um and rceoiniaead the LON OfLC as not only the otost eterait and agieenhte I)eni ifrke fir reodering the Teeth beam ifatly white, hot the mils certain remedy fug all Divirtlers pi the Month. linasediatil sr upon aoptieatioa it will cuter the must eteroriatiug Tooth-actor, Clu.n Bileteowelled Face, kc. In a few days it will etuirrly eradicate the Scurvy in theiirain-, make theta Brat and health fie, punt - ) deeti)ed l reit), prevent them becniatuk worse, fas ten such as may he Woe, and render the Breath delicately sweet. Tn thnoe subject In Sores, or Nem in the Cheeks, Gann, Tonvie, or Lips, it is particularly recormweialed. If a Tooth as darn sed, or the Alouth fu a bad state, let the Proprietor look at it (he iequires on fee), thee it the Exotic be used as he directs, all Disorders incident to the Almith will he completely cured and prcresited ; unlimited M:istieittion restored ; neresitare Nutriment for existence be relished with a true Ilarour ; the Valetulitiarian placed is arctic nt cuov.deseence ;cm health, the greatest of ail sicilutiary bles sings Insured .ind contirined. A single experiment will prose the truth of tht• foreztioe statement; aoll it is hat fair to infer that the penal° once made fetrible of its worth will never h ss it huut it. The CEYLON DENTIFRICE, for which in mach enquiry is niAtic, in coineque.ite of the Sale befog reamed fro. Soho-square, m.iv be had at Thorn's, 4), Oxford btreet Feattioi'%, itrand ; aoJ of the Proprietor, No- Tv:re-place, UlAcktriar's Road, aerie the Circus. Price A CH 4LLliNtili. MESSR . 4. CURRIE and CO. Sargent's, Lite io his Mskiewfs service, chalk uer the whole norla to prove a skr!o Instance where air sir Medicine and Method of Cure have failed of the desired riteet. The practicr of many ,can in tail particular branch of their profession, has not iiven rSee 111 h: 1811.41C.Cralli Cam. They continue to diryt tbrit studiev to the treatment and cure or Venereal Gomplairds. and that l)erangesiseut of the' SNtvin, which is the consequence of the pernicious and waste ful efectsnf a baba lime and mfr.; unhappily parsed h• the youth of both sexes. nthe one It st iIl be routed to. be the utifaillug saurce of barrenness ; the utter Mate its ravage- fa tarty developed to them by a disircs,iif state of debilitv, winch, if Dot timely remedied, fel-mitt:tics in impotence. Thise are its retnnte and ultimate effeets, white Consumptions, Coq of Muscular Power, and variJus Nervous Complaints, twealty char.seterir., the r4r:aer st:t4es of this snlitaty vice. O per - SUM Lingu i• ing under the disorders incident to sorb a habit, their treatmeut is simple, and Na. never p. ores' unsioreemfol in the treittmtmt life lung, laboriries„ awl nitwit esterided prac tice. In the .nost obstinate and ca:oplicaold rases of Vene real Infection, such as Onstructioas in tit- Urethra, puny kiereseences. Hard Tumours, Callous Ulcers, Eruptions, Se ndai Weakness, Wert; as. 4 nisa STRIC Whether recent or nr long duration, and which have baffled Cie skill of other Practitioners. arc, by their peseta improved plan of tre.itraent, eo.—tually and pennant :My cured, witb :lA the patient surering the escruclatinc, pair •ii.d alarming he morrhage %illicit fret early follows the application of the la oar caustic. !ti the course of iyi eat} year. e %elusive practree in this on-trap:44, numerom cases of Strict aces have breound are daily under their rare, the total cradicatioo of which are etlected by a safe, certain, and ex pedi t inns mu.l r f practice. superior to any other pest adopted. Tim uneknew, relaxa doe, and dehility proceeding f this complaint, are spee dily removed. and the patient es..-.torcd to sound and Opium, health. Hot where the debility ha for year , existed, u pro per prreyerarce nt their resiorii iye reniedie , , after a Sir:e ntre ha been destroyed, is indivensobly requisite to revise the slumhei sparks of Lite, and to re-iiiiivoute the Consti tution. blessrt. Currie and Co. troy be complied by either sex with the gnome's delicacy, sicrety, and bontair, at their home. No. 10i Hatton Garden. Patients in t he Country are requested to state the partici:- tars of their case, age, and georeal habit of living. kr. Ike. enclositig a remittance fir adrift. and medicines, wbra the same s ill be giten ors?* to any part of tiie kingdom: Po en sure that secrecy so ev.ential to tueir undertaking. the post age of letters may be added to the necowit for medicine. firth hone, ndtt. , ;11 rden. /01.111% -- • LO DO CrPliits .1 sand Nahhy.. ci by It. LI) v .11 Ow STATL,,CAN 'Oil ie C, bi, nett-street •