The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-27 00:00:00

7 nntairroN, JULY 2.5 - . 5 4 Royal Highness the incof NV ten :rear. la „ t n iht, in the mot e priv mminter. rte . 11t h Gloug ce ster Militia were not even drawn o receive him. IL WAS eleven o'clock this " to bewire it was generally know that lie had art d At that hour he appeared at th e windows rrige • r t h e Pavilion. At one, His Royal Highness, • by the Earl cf BA RRY MORE, Col. IR ics OOari e LLD an d several other Ge ntlemen, g raced poor. His Royal Highness looked extremely Steyne• 1, and conversed with his usual affability and humour with those around him. At three, .anied by the Duke of Bcororto, the lof Baeavuoas, and Mr. Mest.not, His lligliness set off for Lewes, where 'eve ofdhis race stud are, and returned to the Pavilion din-,er at six. Covers were laid for twelve. The peke of LordTO Ealls of R usset. GT and pasTristose, WILLIAM t., Colonel gwoomeist.o, and Mr. MCLLISH, were of the earty• His Royal Highness's band played on the jos a ll the time of dinner. In the evening there Iwo a musical party at the Pavilion. A band of wind instruments played all night. It was corn rod abete were 400 persons on the Steyne. The Countesses of CLIIIMONT and BARRY MORE, Sir Joss HONETWOOD. end Sir CH A A LIS BLICIBURY, were a mongst them. Due Pavilion was the mag net. indeed every thing coasresi to make it an Elyfium. The cahneess of th e evening, the charms of music, the pleasure that beamed in every countenance to see their beloved Prince returned to team, made it a scene intymesibk to descrilm. The morning was so fine that the sands were covered with bathers until ten o'clock t then they dressed and paraded the Steyne. The London Barks were very conspicuous. Their uniform 1.. blue Stormont pAntAlonns, and yellow neck handk •rehiefs. All ru Bvies who arrived the evening b4ore, ap peared anxious to ore and be arm. The Earl of Dann is aro, came in great stile, in his chariot and four. Mr. Met ists in his barnuche. Are the only at rivals of note I have heard fits most c onspicuous carriages across thr Downs to- Zip, were those of the h*.arl of CLERMONT, COSPILtSS of Fort tscur, Lord rotes' ; and Miss WRICIUT driving her curricle and pair. At three o'clock an inweclion of the South Gloucester Miii.ia took place on the cricketground , the band in full uniform. NVittis's Auction Room was well attended last night; but the Theatre ver y poorly. vainsr troawitio. Several coaches and fair are just arrived from town; not a chaise, cat r. waggon, or horse, to be had for any money. The roe sis are lined with car riages, they have been travelling all slight. The morning is very Cle o and the weather Welts settled. It is said one hundred thousand puede atodepending on these races. Bets to-day ran six to four s and three to one on Sancho. Lord Essington, son of the Ea 4 of Foal escot, is 'tweeted here every mo ment from Devonshire. DUBLIN. Amy 23. Yesterday was marred by special licence. at I.oftus.hill, near Dublin. Sir E. B. Littlehalea, Bart. to she Right Non. Lady E. Fitzgerald, daughter of his Grace the late Dub of Leinster. Last night, the Y. ling Pialsonwneat took her leave of a crouded audience, in the charalter of Peep', in I'a C9uair , which she poartrayed with wonder ful archness, vivacity, and discrimination. Mrs. Siddons arrived in Belfast on Sunday. Yes terday she set off for this city. Mrs. Mountain is arrived in town. The 1 ite Sir John Dillon, Bart. is very mucla la mented by his acquaintance and numerous tenantry. In 752, he had conferred en him, and all his male dependants, by the late Emperor Joseph, the title of Bann of the Holy Roman Empire, and of all his dominions, accompanied by a very flattering letter, on account of his exertions in Parliament to serve hi, country, by granting liberty to Roman Catho lics to realise property in their native land. A foolish report was lately spread of an alarming enntagious fever having established itself in the town of Trim. Government, with praise worthy attention, bas instituted medical enquiry; and we are happy to state, on the authority of the report made in conse quence, that the slightest vest'ie of disease does not remain in it. !Lind Cathcart still holds his Staff in the vicin i ty of Black Rock, As Commander of the Forces, he tides to town every day, to inspeCt the garrison and tram& military affairs. Nis Lordship, it is sup posed, will partly reside at Curragh during tl e en- cly t. cmiiptuent, to firm which, troops are every d.ty rr. t Zhlng from different parts of the country. , %Do esev has given directions, that his flock of Spanish sheep, in Oatland-Parks, shall be in spefted, and a selenion of rams and ewes made therefrom, with the patriotic intention of disposing of a•considerable number to the breeders and agri culturists, who may attend the sale in the Paddock, by Kew Foot-lane, not far from the Pagoda, on .i . iiday, the Ithh of nest month. We are happy to hear, that Sir .10iFTH Basta, tinder whose able management this part of His M 4,11. S r V ,arming concern is carried on, is quite recovered from his late alarming indisposition, and is again able to at tend leer sonally to this important business. On 'rue rday - last the Worcester and North Devon Regiments of Militia marched from Exeter, and en camped on Woodbury Common, about two miles f m Exmouth. They were joined on the wound it I the Koyal Lincashire and Redford 'regiments. The Iferrarch, of 74 guns, which has been some time Lard k..ten's Wig ship at Ramsgate, is taken into Dock at Chatham, at which place the kjg4r. of 74 gum, is fl'ting Inc the reception of his Lordship's 4i ig, during the repair oldie 11,orarch. At a Court of Uyer and"Permint r held a-. the Cty Hall of the City of New York, on the of Julie last, a Frenchman, named Louis Nardi Le Bea e, was tr ed and fo u nd ;dui Noe' of the hank of the United Stares. A Philadelphia Paper afhints, That the Prisoner professed him self to be a near relation (first eiiosin n ' believe) to His Imperial Majesty Nat:mem:, Empri re. of the French ; and that he had remoostrated 111 a Latter to one of the Magistrates against the jurisdiction 01 IP. Court ; threatening. at the same time, to appeal for redress to the atfeetion and magnanimity ut his telatioul"—(Tree Alp ric.ol). LAW lATTELf,IOl3:tiltk. COURT OF CHANCERY-Jui.v 24. ........ ADAIR V .1 HC NEW IRMA et: wrier. This cause, which is of eensidereble importance to many individuals, and to the public at large, was yesterday, in part, heard before the Leap Cu es. eceeo et The bill was filed by Mr. Adele, against the Trustees of the Proprietors of the King's moiety of the profits of the New Rived Company, and against evil-rain other persons specified, belonging to the New River Company, in place of all pet ions !teeing any right or interest therein. Tile elleg moils in the bill stated, that the person under whom the Plaintiff claimed had a grant of a rent charge of 5001. a year on the King's moiety of the pro its of the New River Company, subjeel to pry a propor tionate part of the assessment for land-tax, which, by aft, the property of the New River Company was liable to. And that for a considerable time back 1001. a year had been iledeeted from this rent charge as the proportionate part of the assessment for land tax, to be paid out of it, which derluelion was, in feet, at. infinitely higher rate of assessment than the other property arising out of that concern paid, and consequently more, AS the Plaintiff al leged, than he had a right to pay. The relief re quired by the tell was, that the elte.v River Com pany should give in an account of the profits made by them for a considerable time back, up to the present time, and that these accounts should be re ferred to the Master. to examine how much of the 5004 a year, rent charge, had been peid in satis faetion of the land tax, and how much ought ta have been paid, taking the whole property to pay at the same rate, and to compel the New River Com pany to pay over to the Plaintiff the difference of what had been paid, and whet ought to have been paid, and also to regulate the in ater for tile future, by compelling an annual Account, se as to preveut the Plaintiff from being obliged to pay more -than by law he was entitled. Me. Romer, on the part of certain persons, De fendants, belonging to• the New River Compeny, stated. that he was convinced this bill should he dis missed against his clients. There were, he see], but three or four proprietors brought before the Court, though the Plaintiff had Acknowledged that he had in his possession a list of two or three hundred, and, according to the rules of equity, Mr. Adair wits bound to make all those Defendants who had any interest in the p, °peril, it he was aware they had, which in this case stood confessed, they should be made parties, if fir no other reason then to relieve those who were at present before the Court, from the dieficnlty they would labour under, if the Plain tiff recovered against them, of compelling the other Proprietors to reimburse them. The Learned Gentleman then cited several cases, to prove the necessity of itaviog all the Defendants before the Court. There were, in his opinion, some wrongs, almost without a remedy, or rather of such a nature, as that the remedy, which it was neces miry the party should plum-4 was so complicated. that it was impossible, consistently with the cir cam stances of the party, that any redress could be ob tained. One case of this nature had already occu pied a great deal of his Lordship's time, and was likely to occupy a great deal more ; he meant the case Of Drury-lane Theatre. in which he believed there existed a wrong, almost impossible to be re mediate on account of the number of Proprietors. In the case now before the Court, the same circum stance occurred, as, on account of the number of Proprietors, they could not all be made Defendants: and, unless that was done, he humbly suenetted the Court could give nes retkrese Mr. Meere a, as Counsel for the Trustees of the King's Moiety. s ubmitted. the , : this eel should be dismissed, as against his clients, they having no in terest in the property whatever. He further stated, that Mr. AD AI it might as well have selected any one person from the company, and comeelled him to pay the balance alleged to be due, as to have proceeded against the present parties. The consequence of al , lowing this praetice would be, that each of the pre sent Defendants, if they were recovered against, would be in the same situation as the present Plaint iff—and would. therefore, proceed against some others of the Proprietors, who eventually would be obliged to pay—and waald, therefore, prolong the litigation, as long as any person could be found, who had the slightest interest in the property. Mr. HART, on the part of the New River Com pany, relied on the same objection as his Learned \Friends, who went before him ; and also urged the want of jurisdiction in the Court, as the party might have relief in a Court of Comm on Lau, b y bringing an aflion of account. Mr. Ri en ARDS. on the part of the Pla intiff, said, lhe hoped he would be able to thew the objection, for want of parties, was of no avail, as it was merely a Matter of form, and might, and was dispensed with, when the Corot sew occasion. lie then in stanced the case of a Bill, filed to establish a cus \tone where every individual in the Manor was in terested ; yet, it was not required, that they should all be made Defendants ; but only such es were ne cessary to give information to the Court. On this ground, therefore. he thought the objeetion was out of thequestion. He then proceeded to state, that the aet required, that four shillings in the pound should be paid out of the entire profits of the New River Company, estimating th it at 18,0001. a-year. His client's rent charge of 5 ,. ).)1. WAS subjed to this assessment, and the Company always took care to deduet one-fifth of it, for the purpose of satisfying the Land Tar Commissioners, though they them selves only paid 3,6001. a-year for the whole pro perty; being one-fifth of the 13,0001. tuyear. which, at the time the At was m rile, their profits amounted to. At present, it appeared from the answers put in. that their annual profits were infinitely mole than 1 feo3ol. on which account lie humbly submitted, that his client should not be obliged to pay more than the Company, and that the prayer of the Bill should be complied with. The Loeu CH ANCELLot said, the Court was under a great difficulty. as it was a Emitted in the answer of the Detentlents, that their profits were note than I te,Oleol. The New River Company are, by the Aft, to par four shillings in the pound to the Lind tax, as well as the holder of the 5001. a year feet charge : the Court cannot, therefore, in contra. d etien to the ,ka. say, that the Deteneenie shall ply over to the Plaintiff, who bas paid t oo more . • than he had a right to pay, what in WI belongs to /neither of them. The public Alone Ore a tight to it, and becao;e the Defendants have thought proper to defraud them of it, that is no reason why this Court should make an order For the Plaintiff to take a put of what does not belong to him. His Lord 7 ship the-. sig&fi..!d a wish, that it should and over tql Wednesday, and if the parties had any thing farther to urge, it might be mentioned on Tuesday. lIIALL. Ju►t 26 COU't FOF KING BENCII, WHEELER v. ATKINS. This was an align of trover and conversion of several bills of exchange, amounting to 7,9 121 i Ss. 2k.1. ::s case has, already, been very fullit fore our readers. The aftina was tried at Guildhall, the sittings after last - Hilary Term. and a eerdift WAS then obtained for the Plaintiff, which, after some discussion in the term, was set aside, and a new trial granted. Mr. Easins e stated, that the Plaintiffs were the Assignees of John Bryan, a bankrupt, a^:l the De fend.ints were certain creditors of the Bankrupt's, who sought to appropriate the value of the bills in question in liquidation of a debt of 6,041)1. due to them by the Bankrupt. On the other hand, the Plaintiffs sought to recover them for the poem] be nefit of the creditors at large ; and the question WAS, who had a right to those bills ? The Bankrupt was a merchant in this city, and carried on a consi derable trade to the West Indies. In the year 1791 the Defendants being creditors of his, as before stat ed, an agreement was entered into between them, whereby the Bankrupt made an absolute bill of sale of the ship called the Atalanta, of which lie was pos wised, to the Defendants; reserving to himself the power of purchasing her back again in the course nt the voyage he was about to make. The Bank rupt representing that it would Le very advan tageous to him to have the ship freighted in his own name, it was further agreed between them that the ship should remain in his name, and be freighted for a voyage to the coast of Africa, and from thence to the West Indies, the cargo to be con signed, by the joint nomination of both parties, to such persons as they should appoint. The goods i accordingly were purchased, and laid in, the bills of parcels and the policies of insurance all made out in the name of the Bankrupt only, thii , giving him a false credit in the market. The ship performed her voyage to the coast of Africa, and from thence to the West Indies, ividi a cargo of slaves; this cargo was consigned to Bristowe Bryan and Co. Jamaica, who disposed of it through the ag ency of Linlo. Lake, and Co. of that I sland, and the net proceed; were remitted to the Bankrupt', house its I London in the, bills in question. 'rise Bankrupt haw ing gone oat 'upon the voyage, his clerk delivered the ball to the Defendants, and William Bryan be coming insolvent, they detained those bills for theii own debt from the creditors at large, who alone, the learned Counsel contended, had a right to them. llt thelirst place, under Lord I, v erpool's aft, it was ad. mitted the original sale of the ship was invalid, and next by the statute of the 21st of James I. to pre vent secret liens and false credits. He insisted, the Defendants had no right to hold the bins ; the Fank rupt WAS the visible owner of th,: ship, he did not alit as the agent for the Defendants, but came into the market, as it were, on his own hor.,-an, and being considered the nwner of the sldn. the persons. whom he, Mr. E. then represented, gave their rinds npun this credit. Tile necessary proofs being made by Mr. Ball, formerly the Bankrupt's clerk, and the proceedings in the finanen cause being admitted ; The So:An:toe GESIRAL, for the Defendant, having stated the whale of the circumstances of the Case at some length, considered the question to be, whether the cargo had been jointly appointed by the Defendants and the Bankrupt? If the agreement before alluded to was a valid one, the Defendants were entitled to a verdia. He admitted, that the sale of the ship, by the late Aft of Parliament, was not valid ; and the question only, was, whether Bristowe Bryan and Co. had been jointly nomi nated the consignees of this cargo of slave; ? To make this appear, he said, he should prove that a copy of this agreement WAS sent to them by both parties, which be wou•ii shew from the depositions of William and Bristowe Bryan. taken in Jamaica, that they algid under it, and further, from several letters which passed between the parties. The proofs being gone into, it did not appear there was any joint and specific nomination. Lord Etcr.IIOIIIOUGII was proceeding to sum up the evidence with his usual perspicuity and ability, when the Jury declared they were sa tisfied, and immediately gave their opinion, that there Was net a iwat raw/Ai/Main. A •erdi4.l, there fore, was entered for the Plaintiffs, for 79121. Ss. 2d. OOOIY'it V. THE LATE ANEMIC?* OF LOCOOS. Mr. Easterne stated, that this was an action against the Sheriffs, who were only the nominal Defendants, for the misconduil of one of their offi cers, of the name of Barber, who not many days ago did not appear in the most advantageous light in that Court. He had been employed to arrest one Richard Toinkins, who, he ob:ereed, was a gen tleman of bad changer, for a debt of 2151. 17s. 61. due to the Plaintiffs, Messrs. Goodwin and Co. Poe. ter Brewers. Tomkins came to the house of the Plaintiffs, and gave an order for twenty-ive hogs. heads of Porter, to be forwarded to Messes. Shrow der and Co. at Perth, in Scotland. j.dpon inquiry, it turned out there were no sia.:h persons as Shrow der and Co. and that Mr. Tomkins himself was the whole firm. Upon this, the Plaintiffs issued a writ, which was given to Barber, and, before the return of it, he and *f umleins were seen walking arm and arm together, which was sufficient to bind the Sheriff. 'rhe Learned Counsel was proceeding to go into evidence; when Mr. Ganeow, for the Defendant, produced the affidavits of the Plaintiff, from which it appeared there was such a firm as Frederick Shrowder, and Co. the former of whom was then in custody. The Plaintiff was accordingly NoNsuited. GRECS V. SVITTII• nit was an aainn for money had and received, and far work and labour, amounting to 125/1. Is. tid. balance of account. to which the Defendant had pleaded the statute of Imitations ; and the Plaintiff replied. that the Defendant bad been in parts beyond the seas during a certain time. Mr. E•niesse shortly stated the Plaintiff's case. Thapefen.!ant, Francis Smith, had heen in pal neill,ip with his brother Robert, and siatired ;.n a " considerable trade in Jamaica and the island -f Do _ . resin ca. ;ins' the Plaintiff was their agent for many years in this couotry. After Hobert bad refit' t here remained this balance due. Having given the- necessary proof ; The SoLiceroe Gesetat, for the Defendant"; said, he would straw that the Defendant was in partnership with two other perions, and npon Ro bert's going out, the balance of account was trans feree' to the new firm, and the Plaintiff had debited and credited shem with this balance. He, there fore, contended, the Plaintiff could not recover in this anion ; and, in aid of this, he cited the case of 15 tiley v. Grants, in the Court of Common Pleas. where a party purchased out, and in writing to each other, the parties wished the nee joy of his sale, and tile other of his purchase. Then it was h eld they had su ffi cient knowledge of the alteration, and the Defendant was not bound. He said he should prove his case from the ans.ver of the Plaintiff to a bill iii equity, where he admitted knowledge of the riot nership, and bad sifted accordingly. The answer alluded to being read, it did not ap peas the Plaintiff bad sufficient knowledge or the trans iflion. Lord Etter; ecianunn —" He cannot discharge I oneis person I as tthe his account dehtor, was ra without tn k sre no r p ed nf wieh who the other lull knowledge to the party, then he would be botr“.l." Mr. HANKY (one of the Jurymen) observed. that in all such eases, a circular letter is sent ti all persons concerned. - Verdi& for the Plaintiff 12021. Is. 3d. , ......- • 1415 0. OLIO'S. This was an action of trover, brought to reessver the value of five pipes of port wine. 1., The Defendant was the consignee of the wines in question, which were remitted to Bartholomew Foe, on the 16th August, 1,104, and put into the King's stores. Being indebted to the Plaintiff, Mrs. Nils il l in 1901. stock, which she lent him, and Fox not be ing -, able to repay her, it was agreed, that she should have the wines in question, upon advancing him COI. more, and paying the freight, which she according ly did, and he handed her over th- bill of sale; but upon going to pay the duty, and take the wines away, she found the Defendant had got possession of them, on account of the origioal shippers at Op-irto. Fox became insolvent. Upon going into the evidence, it appeared that the bill of lading was not endorsed by the original owners, and accordingly the Plaintiff was weaselled- POLICE. aismiI iGIIILDMIALL• Yesterday Anne Beer, Mr. Lind o ' s servant . and her accomplice. Alisadrib Seely. wars mined, and a parcel of silver had pledged on Saturday wer e p r to be the property of Mr. Undo ; from some cm" c umstances it is thought they have an accomplice. Every pains will be taken to discover them. T he y were remanded h nm their own confession I the rob - lieu WAS proved, but nothing relative to the fi re. '-• '. r uncle orrice, sow-scress„ A gre at number of informations Oars WNW tliese few months b7.en sent to the Office, describing ti ro men, who have been committing depmdations in various parts of London, by w.i'clung, or, is the ,leaflangoav, touting the boot-makers apprentices • from their masters' shop s to the houses where they are taking the boots t o, and in a short t ime alter the boots have been l eft, t he y call . in the bootmaker's name for the boots, sa y in g they are not complete , and want something doing to them. This hick they played o f on the 7th or Bth instant, in following Mr. Wimpory's man, of Coventry-street. with a p air of boots for Lieutenant Nowell, of •Dorset - st reet, Nianchtst et square. The particulars of the m an and the boots w ere sent to the office, and a fe w d a y s since. Ad kins received private information, that a pair o f b oot s, answering their description were. t o be sold at a seconsPiand shop in Broad - street , St. Giles's. The officer went to the shop, and being sat is fi ed as to the boots, seized them , a n d was about to take the man into custody , but the ma n sa y in g he p ur 1 - c hased them of a Jew who resides in Petticoat-lane, the officer went after him, when the Jew very ready. ly g ave np a man of the name of Elder, whom the officer knowing to he a suspicious charafter, went and apprehended him ; but, he not answering the d •scription of the robber. and knowing him to he I coniredeA with his brother-in-law, of the name of H orkan., likewise apprehended him. On Inursday night they under aent an examina tion before Timid lb R.)111,411011, Esq. the bitting Ma. gistrate, when liesitiaw confessed he was the man. They were committed for further examination on Monday, when it is expeaed, A number of other charges, of a similar nature, will be brought mailbag them. Yesterday a salesman in the Haymarket was con rifted before Nicitocas 80% n, Esq. in the penalty of fifty shillings, with coats, tier ;oiling fifty-tour trusses of straw to the Life Guards Barracks, Knightsbridge, fifty of which were short of weight., _____-•-•••••!--n.---e There are nearly as many large Capitals in the present Lottery, as have been usually given to Lot teries of room than doable the number of Tickets, and the money allotted to a portion of the blanks, together with the Twenty Pound Prizes, have re duced the risk to little more than two aaaal bleak, to a Prize. 4 family of sight persons, who for some Mai past rented a ready furnished house at Parton. nem Whitehead, decamped early on the . morning of the 15th in •aut, after eoritratting debts with several ' tradesmen to a considerab le amount. — W bei procured two post-chaises from Cocketsnoods,mbia took them up at Parton. One of their maims seat in pursuit of them, who overtook ono 44W carrialtes at Ambleside ; but the person. in whose na me the debt had beer. contrafted, was not in The f,naity, is is tupposed. bat separated on the road; and no satistaaory intelligence has yet been obtained remelting them.-1 he names they bore at Parton (whether real or fi&atoos, we know riot) were '4r. and Mrs. Gerwkril, amid a son sad ddb— ter; and Mr. and Mr... Grent e ieith two chi The last-taratio'ned lady was coat itcod to be the daughter of hlr. Cileeste... -I I i •