The British Press; or, Morning Literary Advertiser. — London, England, 1805-11-23 00:00:00

gra la do 4 POETRY. SOI%Nf T, Addressed to a Damask Rost", its pet Al , w, be letb of is peseta M-vosto, Nov. ISO. - BY LWA'.I CLARK. ate visitant, of timely mien, Why deck, thou lute, the faded scene? Why rear thy tiettlrscented Wllad all thy Aitte , AtOd lie dead? Why bear•, with the fair tender form, seen fosts, and er'ry winery storm? Like amdern cedes, why fat thou bare Thy hu‘om to the blighting air? Wily hest thee caus'd, sweet flou'ret, say ! IVennaber rude, to rival May? " Cease," Slid the Rote, " einterrtgate: Rase, senseless not, thy ill-tiru'd mate—. Is not my tai rite nymph away ? For her return, I, ling ring, stay ; foe her I Stramn, few bet I burn, And languish fur her safe return I. Am in my riehint robes array'd, To welcome home my fav'rite maid : haps shell drim to make ins blessed, Ant pluck, and place mo 111 her breast.' November, 18,3. AN AcßosTtc. bt ',tad far and near, wa, g el lard N•lann's e'ry battle (ought irarreaid his former fame: 1. '0 i.nt't noble hull to atoms cuite war blown, ▪ antiwimaTrinidida% fate's to every Britoil known; h'—.'roni her throw& a feral bull's Flew, N clean, alas num.:tat Nelvoss clew. f." 2. n. tk ;th S. R. Yesterday morning, His MAJESTY, PrinceEscs AuousrA, Sorot 4. and Aut., la, accompanied by General Fit Ewer, Colonel TA vEort, and Lady Wises , A MN took an airing in Wir dint Grit Pack. The Earl of DOP CH mu is expeaed. in a few days, horn Milt. n Abbey. Jomm Gotten Ilorwooo, Esq. and his Lady, left town, rcerday. on a visit to the Earl and Countessot the sr, at their seat, Oakes, K nt. by e ri. Lady Hearitcort will leave town to-morrow, for her see, Norm:mins Paric, Stamford. The Countess of PosrAl: am:lsom arrived. on Thursday evening, At her sister's howe (Lady LOUISA STZWAIII)., in Gloucester-place. from Ire land. The Countess Dowager of SCUTOK dined last Thursday, with Lady Sc VT at her seat, Fitzroy Farm, Mrs. RICHARD W•I.F./It ha I a small musical ,any. last el , enlng, at leer house, Grattun-street, Bond-street. It. $l. The Countess of CUNNIKCII4II went out airing yesterday, for the fiit time, s:uce her •reomebeage,./. Cdptair. FaII:AMICK HARVLY, and his Lady, ar rived last Thursday, at their house, iu Park•lane, from Bermuda. WILLIAM FRIENANTI.II, Fsq. and his Lady, are at their beautiful seat, Englerield Green, rent Egham, where they intend passing their Christmas A gentleman of the name of 111 , 1rbte, was married lately to a Miss MOSS, in defiance of the proverb. which says, "a rolling stone will never gather moss." Last night, Mrs. JORDAN performed the part 01 P, ;au, in the Comedy of The Country Use!. An elegant and crowded audience warmly greeted they favourite Thotit, on her entrance. s3tst never was more playful, fascinating, or animated. Mr. WROUGHt cm. in MaJdy, played with more than usual effedl, and the whole performance went off with great spirit. The celebrated Mrs. LEN, whose catnfba► made such a great noise, is now quietly settled in Clergyman's house, rear Gloucester. where sh: pays 3001. a year fur herself and servant. Mr. Berry, sen. having refused to take 3)1. per night for his Soo's performance at Covent-garden Theatre, the Yount; ROSCILS is, therefefe, euxtige„ for a limited number of nights, to share, each even ing, with the Proprietors, whatever sum the house may contain above 3001. A Cockney bring asked what contluttiale matter S;t .SIDNEY SMITH had brought to Boulogne, an stv:ted, " the light ships were all left 111 (VW An elegant new barouche, on central springs, is just finished. at HATCH IT'S, in Long-acre, for Her Mairsr Y. The body is of a dark brown, with rich plated moulding round. lhe arms are beautifully executed, and richly gilt, with a medallion on the side pannels, and the cypher C. R. Lord MQUNTJOY, who inherits the theattical taste and talsnts of his mother, is one of tilt most accom plished young Noblemen in the kingdom. H.* Lordship is nephew to General G A tinsel, and the late unfortunate Colonel Mots t how aa v. Bocconoc Park, in Cornwall, whither the Marquis of BLTI retires with his amiable Marchioness, dur ing the winter, fora change of air, If oce of de seats of Lord Gettsv axs, who came possessed t it on the death of his brother-in-law, the ill-fated Lord C•NBLYOIID. it, Lady CAROLINE D suss arrived, last Thursday. at her honse, Park-line, (torn Milton Abbey, And yesterday was visited by the Duchess of Maricitss- Tea, Countess PORTA REINOTON, Viscount arid Vis countess SUDLRY I Lady Louis* Stivi•ltT. aad the Earl of POITARLINOTON, who took his leave of her Ladyship, previous to his departure for St. Pezeis burgh, AS first Aid•de•Carnp to Lord CATIOCSILT, who will set of as two or three days. • E4l-1 Nil soy is sot the oily clerical pear of the realm, hating Ilan in the Upper Home of Parlia ment. &sides lewd Viscount SOldgllToll. who is Archhishop of Uublin, the Fad of Fl•asiaaousia and VISCOUrt FACCONBLICCI. are both clerical men. We thiok, upon the wh..le, that Earl Ns:Auras:ands a g nod chalice also of being constituted a Spiritual Lord, by a s apposusmart t 4 LIMP first racist ic. P- LAM INTELLIGENCE. COL! T OF CHANCERY, Nov. 22. cone. v. 91•111141 AN. A Commission of Bankruptcy was isseed against the Plaintiff, and the Commissioners had written to him, then in Ireland. to attend a meeting of cre ditor. at Livery' .1. The Plaintiff, in consequence. CAM* over to Lindon„and while here, in the aEt of obeying the order of the Commissioners, was ar rested at the suit of the Defendant. Mr. ROMILLY, after descanting on all these cir cumstances, stated, that they were made nut by alb davits which were now ready, and applied to the Court for an order that Mr. Ogle should be dis charged from the arrest made on him. at the snit of the Plaintiff, and also from all the detainers laid upon him during that arrest ; and that a service of the order at the places of abode of the several parties be deemed sufficient service—which was granted. Mr. ROW IL L Y asked, whether it were necessary that a petition should be presented before the order Was made out ? The Loan Chi AWC ri.r.oa replied. that he did net think it necessary, a, lie recolleCted a similar case, in which Lord Thurluw made such an order upon viva IWY'eappliceion. ROSS O. CUNNING/IAV. A bill had been tiled to compel the execution of an agreement, under the following circumstances : At a meeting, for the purpose, between two gentle men of the name of Caney arid Peters; the parties had entered into a parole agreement, that the for mer should purchase an estate from the latter, at Pennington, upon certaia terms, which were not specified. The fan of the a?Teemmt wis proved by a letter from Mr. Udney to Mr. Peters, stat. jog, that he agreed to purchase the estate upon the terms levied between them at their meeting, anu another letter from Mr P. tors to Mr. 'ollet, the agent to them h h, direetiag bins to make out a conveyance of the estate, in pursuance of the said agreement. Af:e- that, Mr. Wiley niade will, devising the estate to certain psrsohs, and the bill was filed by his exe inor, to compel the e xecution of the agree nent, To this an answer was put in, And the ease was referred to the ielaster. Mr. Rattly intrauliced the business this day. on an exception to the report, contencline, that the validity of all such agreements must depend ups n the terms, of which not one word WAS menti ,ne I in either of these letters hi ali transadtions of this kind, the agreement itself was scarcely ever the mat ter in dispute, and the difference only arose as to the terms, without which, it was inipossitle for any port:lase br agteemeot to subsist. He, therefore, subtaitted. that Mr. Udne, had no right to devise what did riot belong to him; and, consequently, that his executor could not require an execution of what was ss incomplete, that the deviser himself could not have compelled it. Mr. Rice sos, on the other hand, contended, that as Mr. U.n.ey was entitled, at tile time of his making his will, to call for the completion of the Agreement, he had, its equity, a sufß:ient title to de vise it. After a great deal of pleading on both sides, The Loso CNANC/LLON said, that no rule of that Court was more cle trly establishe I, than *het, where there Was an agreement, in writing, he , wren any two parties, it the purChaA,r ha 1 an equitable right to the agreement, he consequently might favise it as well as other property. In this ore, two letters were shown, to pr. ve the agreement, in writ ing; but as no mention whatever was made of the terms, supposing that Peters had died in this state of the transaftion, it was evident, flit Mr. (Arley could not have called upon his executors to execute his agree:nent, of the terms of which they know no thing ; upon the whole, as Mr.liditey could not tie- vise what was not his at the time, his ear cutras :Quid not he placed in a better situation than the deviser himself. The esemption was altered, and, after heating a few CdUSCS more, of trifling import, the Court ad journeJ. cou RI. OF EING's•ISENCH, WuTmnrirte, Nov. 22. [mat tit v. Disco. This was an aaion upon several Exchange, Mail! , by the llefenJant t the Plaintiff, who was a it.ankropt, subseluent to his bankruptcy, and before he had oht tined his certificate. A verd•R was entered for the Plantii, suhjeA to the opinion of the Court, whether the bankrupt 'haul,' have made an assignment of this after•pro perty to his assignees f or, whether he could main. tam an allion in his own name, and for his own be nen Mr. R ICH sensor+, for the Defendant, argued this ease tit great length, contending, that the bankrupt could not maintain his anion, although he might held drat fills against al! the wort& but his as signees. lle assimilated this case to several others, which he cited ; among which was one of a chimney. sweeper's isov, who found a jewel, and brought it to a golibmith, to ascertain its value ; but the latter da d it, and the chimney-sweeper brought his ac ots, when it was smemnly determined, that he had a right to the possession of the jewel against all the Mut IJ. but he real owner. Mr. LITTLIDALB, an the other hand, entered into a very long and able argument in behalf of the Plaintiff. when the Court gave judgment for it. Defendant. Ittrit.T V SMITH. This was an anion brought to try the right of Coopers ro work on the quays belonging to the Wmt India Dock Company, and mentioned in our paper of Wednesday, the 14th inst. Lord tti i.tuaotmon, is pronouncing the judg ment of the Coort, observed, that the case was defi cient on the part of the Plaintif, and therefore the Court could give no opinion with respect to the right of cooperage on those quays. The special veriiiit was defirient is not stating what was dme on the ;:gal quays; wordier the privilege et work mg there subsisted by bargain, 4.r permission, Ike. Nu argument could be drawn from the pradice on the legal quay,. it must he colleZted by some praelical convenience , ir necessity, and no suck necessity or conve:,icnce was alleged. Nothing. theiciore, in this case could be presumed by the Court, but ac a •rding to the fats as stated upon the special var. Their Lords:iips were therefore of opinion. WM die liiaistiti hail toiled is making out his sit* . . before the Court, and accordingly ordered judge n:- of to he err( for toe I)efenda:i The Socicilt.ii-Gatteriac applied to the C urt for an attachment against Henry Tatham, keeper of the gaol at Warwick. for not executing the sen tence of the Court against one Robert iidney Sid ney had been sentenced to two years imprisonment, bet the gaoler advanced him to the post of turnkey, and he was frequently seen ou:side the gaol. Lord Eti.Lnisomoune observed, that he had known instances of this sort of indulgence granted within the gaol, as a reward to persons for their meritorious conduct in confinement ; and was very much to he commended in keepers of prisons. But his being at large outside the gaol,,was quite another aff.tr,land the Court accordingly granted the rule. Mr. W11.90t4 moved the Court for a Writ of ilfaannue, iii the nature of a Quo !Variant., to he di reCted to Mr. Pexall Foster, to shew how he claims to he a Common Councilman of the Borough of Yar mouth. By the statute of Charles the Second, a certain number of Commons sad Aldermen were to cnnstoute a bad,' for the eleEtion of a memhri, of which sufficient notice was previously to be giv..n. —oti the tt Ist June 1.1. t, a meeting took place, not for any particular pupose; when one or the members observed, that Mr. Thompson, a Common Council man, was de..d; when it was immediately proposed that they should pructted to an election, to till this vacs icy, without making any further inquiry. The Mayor was prewnt, and consented, but many of the Commons refused to ballot, and went away, so that nothing mole was done on that day. A subsequ-in meeting wok place, and, under the direction or the kiayor, a ballot nits demanded, but several refused to vote, and left the loom, and a suffickat number to constitute a majority of the body did not remain ; however, toe election was pro ceeded on, and Mr. Foster sworn iii before the Deputy Mayor, instead of the Clerk, as usual. Neither di.l he take the oat s of allegiance, sopre• macy, or abjuration, which, by the statute, he was bound to do. ['here was, however, a defeet in the affidavits, the Deponent's signatures being omitted. The Court order, d them to he sent dowr; to have tars defect amended, and the rule not be granted ' tit[ they were reftified. TM,. /LINO e. 01.$11tAL IP !CT 01 . Mr. Law. applied to put if!' the trial of this case until ?volt tel indo.: ment was brought upon ch a r g e s alleged to havc been commitei in Triiii. dad, when the Defendant was Governor of coat island The sirpowtimis were extremely I mg, and n o s. t ly in loteign languages, SO UM tat requ.-ed same time to have them translated. Where were 70. folios, 500 of which were in Spanish. Take your rule." COURT OF COMMON PLEAS, stiv. fl. The bu:iness done here this day was of a very uninteresting nature. Arguments on points of practice occupied the greater part of the time of the Court. The hiilowing was worthy of attention, only because it establishes the pi isChee of the Court, on which ►efore their was a .inference in opinion. 11107 FIT O. CANTILR. Serjeant MAISHAL shewed cane• against a ode obtaine,l on a former day by Sr j 'ant Ilksr, that the Interlocutory judgment should be set aside for irregularity, with costs. The nature of the aElion did not appear. nut the irregu;aritics complained of by Serjeant tics?, on the part of the Detrit.fe..t, w re, fit-L. that his client hair not been personally served v •t h notice ; and next, that the notice had been ved on if,: Saturday before the assoign day of te:•.n, which h:rppeue.J to be on a Sucelay, stating, that tin: decla - ation WA . then tiled, whtu, in fact, it was not file.. anal the Moaday after. Serjvant rlau•aaa, on the part of the Plaintiff, argued considerable length, and quoted several CAWS to prove, that personal service W. necessary, it the notice came to the Defendant's hand ; and also to prove, that he was not irregular in serving bis notice on the Saturday before the assoign day, and not filing the treclaration until Monday. The COLIST was of opinion, t h at, as the l]-fend ' ant did not swear, he had no knowl:dgc of the n-J -tice, Zierjeant Baia could take nothing hy that part of his motion ; but, on application to the officers of the Court, it was determined, that serving the no• tice on Saturday, and not filing the declaration until Monday, was irregular ; and that in all instances, where the assoign day nappased to be on a Sunday, the day followinz (Monday), was the proper day for filing the declaratiou, and serving notice of it. Ser jeant Bass's Rule was therefore made absolute with costs. At one o'clock, the Court adjournri, of r w!:ich Sir MANSULLD went to GnUJb. ul, AnJ sA At hiss Prism : the following was the o:ily ilefencied CAW* trieJ suers; sr. VINCENT. This was an talon on a pro.iiissory note for lel It aipeale.l, that the Otte id ant, who lived in Suf folk, had formerly commenced an itiflion against .1 man of the name of Alden, fir 211. and having ob tained judgment by default. 011 en was throwii into prison, where he remain...l for some time, totally unable to discharge the debt and cue s. Mr. V, - cnit seeing this, at length a_ reed to give up has debt, it Olden would contrive to pay the attorney's bill of costs, am .unting to near 401. Olden's friends then came forward, and paid the costs; it being un derstood, at the time, that all other demands were given up. This transaCtion happe:ted in t.e year 1800, and the parties remained good friends wail very lately; that Mr. Burge, VCIO is concerned with Mr. Shepherd, the attorney, being in a public house with Olden, learn.• tha• he hail a promissory note fur I Bi. of Vincent's, dated prior to the trans. *Rion of 1800. This he indnced hum to endorse over to him, giving him his own note in the place of it. The instant :le outained pn.s•ssion of it, he gave it into the hands of Mr. Shepherd, and this a4licrn was commenced. Sentient Bess., on the part of the Defendant, urged the improbability of 01.:en's having a 6,44 fide note of Vincent's in his possession, and aliow•ng himself to be thrown into jail for a debt of SII. After much argument on both sides, Sir JAM as Masravtst.o sunned down a note, with nis scab ments on the lubjeti, to be pet used by the Counsel ; in consequence of which, it was finally agree i, that a juror should be withdraws. Each pug will sow pay Isis own casts. -- 1, 110W.Ven CT?. Yesterday, AMC, RrMilaqt acrd Jahn Pectic •,-re lefaught before Mi. 131%0 an I ttiir Wi..l ;'4 sc,sis. for r.-examinatinn, on sasp;cinn •nt haviog .sicked the packet of lvlr. Fred..way. at King,tots fair. • Joshua Paul, jnurneyman carpenter, of 14 ireF•II, neat UtOridge, sat I, that (11 tiu IdAy Ist, a Nil I Itom the neighbourhood of Femple B4T, came , 9 him. in company with another man. a.,cl requ vel he would in;erfere we] Sir. l'tedaway, the: feat at, of 'hat neighbourhood. who bad his pocket pick 1 at Kingston fair. ('he nlber man, he uniersto ad to he a publican near Temple B tr. William rreclaway. of I larefield, farmer. brother of-losepla'rredaway.whose pocket was pick -1,4,1 that last Sunday oven ng, !•e was at a public haute, called ilsc Cricketers, at it tretiell. when JW:aUdt Paul, a carpenter, the former witness, ealded upon h'm, in company with two strangers; when P ul called him out of the room where he was sitting., d asked turn, whether his ',rather had torhad his pocket picked at Kingston fair to which he ansaterol in the affirmative he then enquired ho, much 'he money was he hid lost the witness answer •I. and half-a-crown, or eizineen-pence. Raul to him, his brother might mike 1.• r•., at he should have his money again, and a Wed, that he would be paid in a short time. Joaeph Tie lawny, woo had been tio'ibed, said. he had °.;s etickte picke at Kiny,st ,n Fair, on Wednesday week, and robbed of 4/1. o ilf-a-crown, or eighteen -pence. On Sunday evemag last, be tween nine and ten o'clock, Paul, in company with aant . ter man, called upon him, at his mother's house, and observed en him. he understood he had his packet picked at Kingston Fair, and that anal. deny lady, in London, had applied ta him and his companions to came to him a' d settle it ; and that one of the men in custody for the °finer was a relation of the •)id lady ; Mr. Tredaway might thereotire, make himself very easy, as the mo ley would be paid shortly. Mr. '1 redaway said. h- sup posed his pocket was picked in toe Fair, who.' he was looking at some people playing at priainf as Megnrtcr, when 1-e found hionwif surroorkied by a number of people ; he Was fearful his pocket wan,/ be picked, and pot les hand pv.ket. w •Ps a view to secure his prorerty, when he f• out! his purse gone, containing hank :totes to the a moult of 441. and some silver. lie had no melte:bon al seeing the Prisoners near him, aid sole** his pro perty being found upon them, the ?gnomes were discharged. Mr Rai ° reprobated, in very strong terms. the amcluti of Paid and his cona.a..ions. is going -to tamper w'rh 'ro-kl.awAy to c' tripwsnd a felony. pr.alice gtne: .11y resotted to by all the pie.-pockets, whet. they ire aetrA 'J. Ir is what they cal., in the slang laaguage. &Isaias the zointis of Jobs alias Smith, Re. he. Siv.h. his wife, and Jamul i(orar. aiiaa Itqf. alas Mot Ise. who were appreliend:d by 4.4te. Laioaticky - Jones, a few nights since. at a house in C:via. court, on suspicion of hetpg utterer+ of forged Bait notes, counterfeit money, and ogle- mad-praft•ces (tie tatters found upon Haitie.. two counterfeit half-guineas and three seven-shilling pieces) wave yesterday brought up for ree...agn ntnrin •Fhe men being suspeeted of iwing deserters, Colonel Robinson, and twenty-eight ser;,..int, on the •e. cruising service, atteadei, when atl or ttairn Teeing nised Haines as a deserter ; ann. it is supposed, he kits enlisted and deserted from almost every seqi ment in litiAland, and obtained the hnuntir. Cd lone' Itnbitisno observed. he was af , ..id this info. mow pia:dice atrial net be stopped, tel an etatnole was made of shooting a tut:inlet% !le was com muted for further examioario s. Rogan was coma uiltted to the S avoy as a deserter. Amongst the various projeas which have been rlg2ered, for perp , taa:ing the glorious memory of the iliustrams Net on. one, it is said, has I , et n al ready determined upon, by a rotfohr r of Pet's'oe of the highrit resrestAtylitr. among whom a•e aeserai of the first naval charaaers, viz. to (Ted in vie racist Jurafil- m inner, a grand Pyramidical O'se p. ?rouriately decorated, on t.•e 'tummy! of th • con. spicocius room-nee, Shakespeare's Cl ff. bear .) err, as forming imposing ant nolagnificmt a rot only to ~i 1 I , ap, sailing up the Ch., ha, to an extensive range of the ooposire coast of France. It is thought a public subscription will be set on trot', fur the purpose. immediately alter Vie funeral o' tl.tt hero. A report had been in circulation this maroing, that a most malignant yellow levet was on board a fore; :.1 vessel wily sd in Limeriai: ; the str,dt• , t entity, we can ASSlgre our readers, from ritl tamable authority, that such report eas eriths..lt f , undation, and that the followit g acecont mar be depended on, having had cooversa:ion th:s day , th the Captain and inliers on the is brig fletibet, from Seneg;tl, ouud to telli don, laden with g im, in bulk. put into the Shannon, on the 6t.s inst. in :litres.. s ing to icy ts.e crew could no: ke.sp her a 'hut ; two of 'he hands dkci since her arrival, but it was swing to ,rt. es.ive fa. tigne in a lot/ voyage, in which tsiey were s. &li tres ed by !h. ILI sets and wan' of provist us, that _knees by Meters 'wrist was yroduced, wiliel, LT./ rnlnated thus fatally. , •ut the rest the crew are healthy."—( limerick CA....• Thursday ono Ling, on the opening of the Ctuurt o Lieute Sir hem EAPAeII commences( tic rep ,y to the seerral Ch ag-s vrt•terrel ttainsc him t "his Desence was s waufea one, which he .e to the Court. It would he premature to give any statement of its tenor, any moor hen let he «Att. fence against hirn. mail the wh-le is conchs and the result known. The Defence VrAl•grierUcti Will drawn up. On Ibursday afternoon, a youth. thirteen yearn of age, the son of a tradesman in Dean -street. holm, met his death by choking. under the following c.r conistances;—He left has parcats. bril , ,r• he hal finished his dinner. for school, carrying part of his dinner along wit't him, and cont , nue.f C.. at as he ran along the street. Fearfull of bring WO late, he eat his food too hastily, aid a pieces-of snuck in his throat. He fll down at tie end ol Woad's court. He leas taken to a surgeon ; but he isaposni before assistance could be given him.