The British Press; or, Morning Literary Advertiser. — London, England, 1805-12-07 00:00:00

.. • • • ea" 4 (141 /. e • • THE CU CI RT. Yesterday morning, at ten o'clock. His MAJESTY left Windsor, in his travelling carriage, for London. On account of the badness of the road by Hounslow, His Manny went by Rie.rnond, where he changed horses, and arrived at the Queen's Palace son" after twelve o'clock, and was received by the Duke of CL'il D. The Dukes of YORK.KEIST,and CASIBR motor:sited Hit MAJESTY soon after his arrival. —At two o'clock, His MAJ est v held Privy Council, which Was attended by the Arcbbi.hop of CAN reit guar, the LORD CHA.Cet- LOR. Vicount CASTLEREAGH. Lords MULOR Alfa, HAWREiIISIR V, and CATHCART. and Mr. W. Dow- DAS. Sir Star new Cot raissi.r. attended the Council as Clerk. His MAJESTY. with the advice oldie Privy Gamlen, was pledsed f'irther to prorogue the Parliament, from the 7th of January to the 21st of tht same month, then to meet for the dispatch of business. Alter the Council, Lord CATHCART had all .i.r.lieace of His MAJKSTr. and had the honour to kiss his hand, on being appointed Commander in-L:hief of the English Army on the Continent. His MAJESTY afterwards gay, audiences to Earl CHATHAM, Lords MuLoa ars, Havartasacer, and CASTLEREAGH. and Mr. PITT, who was not at the Council. At half pass fbar o'clock, His W I est T set off for Windsor. veseanormve.,,,,,m,r 11ORSIL431 MIQUERIDE. The Officers of the Garrison of Horsham gave a grand Masquerade and Supper, on Thursday last, in honour of the glorious Viaory of Trafalgar. The rooms were decorated with various beautiful devices, the appropriate charaaer of which dis played the richest fancy, and most entre& taste, and were lighted up in a very brilliant stile.— The Garrison consists of the King's own Re giment, and the Doty Militia. The brilliant circle ref their friends, colleded from that vicinity, amount ed to 400. The charaaers were happily diversi fied, and in general supported with great spirit. Captains Eoorrot. and Bunter's,. the Stewards, as Doriv and jorn, displayed much humour, and craned themselves to great advantage. Captain llLuxes/I. after exhibiting himself in many fine ani mates in Rugentine, metamorphosed himself into a Dicky Gmcip, which he also supported with eclat. Major blowron was an Oyster Woman in her cups, ° and gave an admirable personification of a native lidlingsgate, of the first circle. Major FA (nice was an excellent Faktafr. Captains Asset , and Tim m', were admirable is Lenitive and Ledcl. CAD tAin Essay changed from Puss in Boots to Le Diable Botteur, and excelled in hoth. Captain Haw coast's Widytu Chcsla,e was supported with true comic humour. Lieutenant Eciasoc, as a ewes Doctor.. and Captain Arowzi., as a Welch Hcyper, contributed largely to the pleasure of the night. Captains GOODWIN, Ltaca or r, and CHARLTON were also among the prominent charafters ; one of the most eccentric of which was a Syleenus, who entered the room, riding upon- a donkey. The ladies were principally in Dencnot. Among those in the rafter, we noticed a I,Vdy IL le, in 44ete. an A ttess, an elegant Dim. the Graces, and Cr4131 . 11.1014t. —The festivity of the scene was, unfortunately, interrupted by a serious accident which happened to Mrs. Cita. Les Ennet. 1., who sustained toe charader of a Syren. As she was dancing down, her dress caught fire, and she was so snitch binned that her life was in danger. We are happy to state that she is now in a fair way of recover,. The accident, however, closed the fete, at five o clock in the morning. The ROYAL FAHILy will come to town on Wed nesday, and are expecleil to honour Covent-Garden Theatre with their presence, for the first time this season. Yesterday, Lord CA T He A re wore the Order of the Thistle s which Ills M Mir v invested his Lord ship with, at Windsor, last 1 borsc'''. It was the late Duke of Rosati ROWS. Apartments are fitting np in a very superb tile, in Windsor Castle, for the Duke of Kerr. The Earl of HA ult.° roe's youngest son is ap pointed slid-de Camp to Sir ARTHUR WP.LLESLOY. When PA mass's, in one of her pion's-tier at Drury lane Theatre, twirls her petticoat into a full blown circle, the audience, suiting the Ina to the ectrcn, appretriate4 exclaim 0!" Miss Paritees Trafalgar mantle, and Servskier pelis s e, will be the prevailing fashions this winter. 1 he Earl of Esssit arrived last Thursday at his temporary residence hi John street, Berkele4,-square. from Cashiobury Patk. Viscountess Neoson has taken up her residence at Admiral PARICDN'S house, in Weymouth -street, Pot tman-square. Viscount Cass' Loiteams will reside, when in town, at NZOOT'S Hotel, King -street, St. James's, till his house in St. James's-square is finished. The Hon. Mrs. CLAYERINO and Miss ADAM arrived, last Wednesday. from Hampshire, and are on a visit to the Countess of A ,aski ARIA, at her house, Berkeley -square. It is to be wondeted, that our dramatists should he at a loss for subjects adapted to their capacities, when TAMAN?, in Bond -street, announces, this smolt, thirty-one new tales. besidis the Si•epieg hearty, Cum. / vit a , and Blue :bard, which they have already turned to such good account ! Mri. JORDAN looked very delicate last night, after her ingress. She wove a most beautiful lace dress. fhe Dowager Countess of Bucacrmors•usit a left town yesterday, en a visit to Lady Duoiry and WARD, at her beautiful scat, Hintley Hall, near Wolverhampton, Staffordshire. Their Graces the Dukes of litoroen and MAN. cussr oft, and the Marquis of Tavisrock, lett Namor's Hotel last Thursday morning, for the snit ot Sir HARRY F•asaciis,os, Sussex, on a shuut rn Lpaity. Mr. Pst sera, and Lady MADIII test PALMED, will leave town in a few days, for their seat in 13trk• ~° •re. there to peas the remainder of th e i r honey I TIMMS; ' rituar-Lasia. A new grand LegenJary Melo Drama, instilled, The Sleepier &meta, was produced at this Theatre last night. It is the prndudion of Mr. SKLTPINO• TON, and ouch as may have been hoped horn the taste and genius of that Gentleman, the reality has far exceeded the most sanguine expedation. The scene, as may he inferred from the DraniatisPerrond, I; laid in England, in the remote age of chivalry. the happiest, perhaps, that an Author could chuse, who wished to combine all the beauties of spectacle, with the fascinations of Romance. The piece corn. rnences with a most beautiful view of the country, and a party of Ileatemen enter. Mr. G RIPON. as One of them, sang a charming song, with much taste and sweetness. He was not less successful in a Duet with Mrs. BL AND, as a Village Mad. Two Knights Errant, illdihtrt and Orevie, upon hearing from Old Ellen, who is 117 years old, that Etbelinda, and all her attendants, have been asleep 100 years in the enchanted wood, determine, ac companied by their 'Squire, Lnuneelat, to rescue them, by breaking the charm ; in which Aldikrt is assisted by Afrheriair, the good fairy, who de seen& with the clouds on the stage. This is ef feded in a manner the most novel and beautiful that can be conceived ; and Ps it &soy displayed some of her most graceful attitudes. The adven turous knights proceed throne the palace, and an. rive at the grand saloon, where they find all the enchanted company fast asleep, in full youth and beauty, in the ezal state in which they were 100 years before. In the bosom of Edward, the fa. vourite page, they fled some verses, which are sung by the sleeping page in a most delightful style. The folding doors that concealed the flleepial Reauty are forecd, and disclose the most magnificent scene ever produced upon a Theatre. The charm is now broken, and the various charaders awake, just as they were when they fell asleep, a century before. Several beautiful dances suc eeed. The Knights then swear to ptoted their fair mistresses from the usurper, whose power they dread. Edward, the Page, ixelcs his beloved File,,, and finds her a poor dectepid old woman. Perceiving his disappointment, she re:eases him from his pro mise ; but he nobly declares his afedion unaltered ; and his constancy is rewarded by her tranthirmation into a beautiful young lady. 'l'he moral is pretty, and worthy the refined taste of the author. The Usurper, Ethelred, and his guards, obtain entrance into the castle, by a subterratieous passage,w hen lidi beet Os 'Henget him to single combat, in which much skill is di-played by 'ilr. De CAN and Mr. D'Eo •it.t.e. Ethelred is killed. The hands of the knights and the enchanted damsels are joined by the Clued Fairy, and the whole concludeswith a most magnifi cent scene of transparent pillars,and other ornaments, dancing by "'Amcor, and a charming chorus.— The music is by Mr. Aootsom. The overture is beautiful, and was loudly applauded. The songs posses sweetness, taste, and science. The ac. companiments to the Melo-Drama, are grand and appropriate. The performers displayed much excellence in their several parts; hut Miss Da Caste's personification of Old Ellen, and the maw net in which she executed her song, may be consi dered a (*firemen.. The sketch of the fable an nounces this a piece out of the ordinary line. There is nothing common nor hacknied about it. TM &laudation may rest, ind-ed, upon an old story ; but the supeistrudure and the order are all new, striking, and eccentric. They furnish proofs of original genius, finished taste, and fruitful fancy'. Such is the piece with which Mr. Saxer sioroe has enriched the stage. It is, perhaps, the most elegant scenic exhibition ever presented to a British audience. Upon many previous occasions, the libe rality of the Managers has been curried to excess. It has seldom failed to produce grandeur and brilliancy. The scenery and machinery, in the present instance, have proved still more successful. The most po lished taste shines through every scene, and splen dour every where presents itself, adorned with that exquisite delicacy, which the eye seeks in the works of the most finished Artists. The Comedy of The BUM: StrOtegetle preceded this elegant Entertain ment I Mrs. JOIDAN was a charming Mee. Sidles; and Mr. Dowron played rah with that chaste ness and good sense that mark all his performances. The house presented a most brilliant ap pearance I and The Skeping Braille was accom panied, throughout, with enthusiastic applause. A piece, su striking, was well woi thy of introducing an improvement in the system of the Theatre. Ac. cordingly, we find, contrary to custom, in the case of a new piece, the names of the charaders an nounced in the bills. Tio (Lorne of this evening will contain an order for the Court to go into mourning, on Sunday, for the death of the Prince of BRUNSWICK. Gcomoo Sou TH, FIN. (son of the late Member for Rochestet). has been appointed Chief Justice of the la'and of Grenada. On Thursday, upwards of 4001 were collected at the Surrey Chapel, generally known as the Rev. 'Wieland Hill's Chapel, for the Patriotic Fund. In the morning 1601 were crillefted. After the even ing service, the gentlemen who held the plates cast up the two collediow, to the amount of 3061. One of the gentlemen obset ved a piece of paper sealed up, which had been put into one of the plates, and it WAS supposed to contain a penny piece. On open ing it, the paper proved to be a 1001, bank note, wrapped round a new halfpenny. On the note was itten, 1 1 A Widow's Mite." The intended Parliamentary grants to the en nobled family of our departed Naval Hero, for the due support of its dignity. arc said to be of a two. (lid nature; and to each, precedents strialy in p )i..t, apply. lhe first, a landed estate, to ac company the Peerage, as an heirloom, to which, the purchase of an estate, and the grant of the Crown Manor of Woodstock, to the family of the great Duke of Maaorsonotiou, on which the mag. imicent chateau of Blenheim was built at the public expenee; and the grant of 50,0001. by the Parlia ment of Ireland, for building a mansion, and the purchase of an estate, for Mr. Gears RN, are pre cedents that aridly apply. With respect to an an elation of a pension to the title, the cats of the late Lail of CHATHAM. as one in perpetuity, and that of the Barony of Rodney, for a tints limited, fur• nish precedents disenly in point. • ' • LAW INTELLIGERC „um.. COURT OF CHANCERY, LINICULteI-iNSI HALL, Die. 6. This was the first day of the Seal after Term, wheel the following cases came on to be heard SMITH V DEANE, or h B LS Rtrwenlegive. It appeared, that the Plaintiff, being desirous of building a calico mill upon grounds which com manded the course of a stre rm called Townbeck, • and wishing also to draw into it another stream called Beckback, could not des so without permis sion from the Defendant, to carry it through a tun nel, under an old road, the fee simple of which he had purchased for the sum of 11. ls. ; to obtain this permission, he offered th • Defendant 15s. but he requiring 11. Is. the Plaintiff said, that, if so, he must come into his terms. Upon the strength of this agreement the Plaintiff ereeted hi- mill at con siderable expence, and made a dans, weir, and tun nel. for the purpose of drawing the stream of Beck back under the old road ; employing, at the same time, the Defendant with his carts and horses in the performance of the works. This privilege he enjoy ed for some years, without any interruption, till the Defendant thought proper to disclaim the agree ment, and to exercise the right which he claimed, of diverting the stream from the roilL The Plaintiff then tendered him the guinea, which was negleCted to be paid before, for the privilege, hut which the Defendant refused to accept. As the point was, therefore, to be litigated, and that an adion had al ready been commenced. the Plaintiff, to avoid the ezpsinces of the law, offered, by way of compromise, to pay the sum of 401. or a rent of 40s. a year, which was rejeEled. After some subsequent judicial pro• ceedings, and a decision in a court of law, by which the Plaintiff found that he had no other than an equitable claim to his agreement, he filed a bill against the Defendant, to restrain him from diverting the waters of the stream from the purposes of the mill, and. calling upon him to fulfil the agreement he had made. To this the Defendant put in an answer, stating, that when the Plaintiff said he must come into his terms, of giving a guinea for the use of the water, he went away without making any answer ; that he only consisidered himself to have talked of a tempo rary licence to use the water, but recoverable at plea sure, instead of transferring a permanent right of do ing so ; that he had, on two occasions, exercised his right to divert the water to his use, for the purpose of slackening lime, without any remonstrance against it, on the part of the Plaintiff ; that the guinea which I he asked for the permission required of him, but which he had not positively agreed to, had not even been tendered to him till some years after the trans aßion, and that he then refused it. That the De fendant laid out no more money on the mill than what he must have done at any rate, with the ex ception of the tunnel, which cost him only five pounds, which was more than repaid by the advan tages he already derived from it. And that, by af terwards off,ring forty pounds, or a rear of forty shillings annually, for the ti,e of the water, the Plaintiff most himirlf have understood, that he was possessed of no more than a temporal y privilege. T. this it was replied, that the Defendant had himself sandioned the covenant he entered into, by being employed as a labourer, with his carts and horses, in the construffron of the works, and even that very tunnel, which the Plaintiff was induced to make, is consequence of the agreernew : that dur ing the time the Plaintiff was in the enjoyment of - the privilege, he had never intimated to him that he only did so by his permission, or that the agree ment was not binding ; and that, as to the offer of compromise, it was wisely done to prevent a litiga tion ; the expences of which were now likely to ex ceed, to both parties, the value of the ohjed they contended for. After the caw had been argued very ably, and at great length, l a y M r . R ow I I. tor, for the Plaintiff, and Mr. Atte:tante, for the Defendant, The Loao CH Avoccu.on observed, that the silent consent given by the Defendant to the Plaintiff's declaration, that he most come into his terms of giving a guinea for the use of the water, seemed fairly to imply that he had given his full consent to the agreement, which he further confirmed by being employed in the works which were construe ed in consequence of it. In consequence of the statute of frauds, this sort of silent consent had been carried to very great extent by the Courts of Law ; for, if a man stood by, and allowed another to go to a vast expence in pursuance of a right which he meant afterwards to dispute, such must be construed to be a fraudulent consent. He recol leCted one of the greatest lawyers in this country, now no more (Mr. Justice Bo ttsit), carry this doc trine so far as to maintain, that if a land-owner stood by, and, without interruption, coffered a tenant to be at the expence of opening a valuable mine, he thereby w a i ve d hi s r i g h t of claiming it from him afterwards, in striat construCtion of law. In the present case, he must look to the expence incurred, with a reference to the subject matter of the point in question: Though the expence of the tunnel was only sl., yet that sum was nearly fire times as much as was paid for the fee simple of the old road, afterwards repaid for the privilege of drawing off the water. Viewing it in this point of view, he ordered that the Plaintiff should remain in the undisturbed possession of the right be had ac ' quired. WILLINCL V. SCHTIIICIC and co. Mr. Rotel t t v moved tor a new receiver and consignee to be appointed for the produce of cer tain estates mortgaged to Messrs. Turnbull and Forbes, now bankrupts, until some other questions in dispute, relative to this property, should be de termined. 'lle statement of the caw was to the following effeCl. In the y e a r 1802, Messrs. Turn bull and Forbes borrowed of Willinck and Co. merchants, at Amsterdam, the stern of 18,0, 01. upon mortgages aid consignments, which they had of the estates of Messrs. Bentinck, situated in the islands of Demerara, Bervis, and Essequibo, then in the occupation of this country, but agreed by treaty to be ceded to the Batavian Republic. The money was paid, but Messrs. Turnbull and Forbes having become bankrupts towards the end of the same year, Messrs. Bentinck, the planters. in whose personal possession the estates continued to remain, made the consignments of the product to the assignees of these banks opts, contrary to the terms of the mort gage made to Messrs. Bentinck. The latter had since mode an assigumesst of their mortgage to Mr. •• • . Pattie! &Week, the present Plaindit who' this application As the sole means or bring re•oot barbed the 18,0001. advanced upon the mnitgage Mr. Ptoorr, on behalf of the Def •ndatits tepee seated this to have been a translation coachtdol by Turnbull and Co. a little before their bankruptcy, in 1802 Previous to that event, and beltwe vancing the money, Messrs. 19TtIlir.cta neglelted to have the consignments executed. If they thnegA proper to do so, Messrs. Wallincks were net entitled . to take advantage of their own wrong, and Mit less could thei r p resent ass i gnee h e plaee d i n a he t n# than themselves, or than even Turnbull and Forbes could have been, preeiou.iy to thelit bankruptcy. He further observed, that they did not - execute this assignment 'till August, 1904 ; when again becoming alien enemies. they found it more convenient to deliver thi, claim over to an assignee in this country, titan to prosecute it themselves. He was then entering iato a long detail of the rela tions subsisting between Turnbull and Forbes, and Hentick and Co. when The Loan Cearreetaoa said, there were two questions which, at present, appeared to him ma terial to be determined in this case ; lint. whether Turnbull and Forbes covenanted to make thew consignments to Wilhacks, or their ass•gnees ? ask?, secondly, whether, subsequent to the mottgage. rr the latter, and any no:ice given of it to Bentincks, these and the Bankrupts had entered into any en gagements contrary to what was now demanded of the Court ? He said, he just threw this nut at pre sent, not having sufficient time tugo further into the subjeft, this day. It was, therefore, ordered to stand over. COURT OF KING'a-BENCI4. Vit.EMINSTIM, Dees 6. Sittings at Nisi Pries. deArr lard ELLsmsotou•n e abd Special clonal. SYNGE v JERVIS. This cause was called on, and the Jury sworn; bat, after a short consultation, the parties agreed to refer it to the decision of the Hon. Charles James Fox. trace e. twomesoe eel OTNeRS. This was an ACiien for against the Plaintiff, none of the particulars of which transpired. An application, on the part of the Defendants, wee mole to put off this trial, on account of the absence of Capt. Macnamara. an essential Winless. It also appeared, that Lord Cathcart was an important Witness, on the put of the Plaintiff, and it vote Agreed, Lis Lordship should be examined upon lea terrogatories ; and Lord EL tes outman advised tile utmost expedition, as Lord Cathcart was expell ed hourly to set out on his mission to the Continent. lite libel, as well as we could understand, was con tained in a letter foam some of the S eers of the Guards, relative to t h e Pl a i nt i ff ' s con oft, dirofted to General Buckley, in the absence of Lord Coll cart, and transmitted by the General to Ilia Lord ship, while residing is Ireland. Pottes agreeing to examine his Lordship apart, the trial was accordingly postponed. Difaatkritrer. ANDERSON M. OW SMTEOI. This was an a/tion for slanderous words spoken by the Defendant, tending to ruin the Plaintiff in his trade, business, and chevalier. It appeared, that the Defendant had been an ape prentice to the Plaintiff, who was a celebrated kola tin-worker, and when he left him, he told one Tho. mas Wintle, a broker, who was in the hahit of die.' counting bills for the Plaintiff, that this latter " wee a villain, and a ditgrace to society ; he toed Ilk ape . pleatices extremely ill; and the Magistrates at • Union-hall knew him to be a villain ; and the man who associated with him was as big a top. •tnd villain as himself." He hut' ier sail, tha• thz PI ti it iff had robbed the estate 01 Davidson, les former partner, and took his goods to his own ' tise ; had turned the widow out of doors." &c. elk-. by reason of which Mr. Wintle refused to discouut R. y moos bills for the Plaintiff, until he shonid redeem his charativr from these aspersions. Mr. G A M low, for the Defendant, wlicon he st tted to be a very young man, consider • t this a trtun t sery nEtion, and only brought at the instance of the At torney. Lord Et tessorrocom told the Jury, that they , would find their damages according to the sense in which they considered these words to have been spoken; whether they were spoken by a perstm ,she felt himself injured, or were sp.-ken with a make°. lent intention. The jury found a verdia of fiwty shillings for the Plaintiff. semen,. WRION This was an altion brought to recover a compen sation in damages for an injury sustaiAed by the Plaintiff, through the negligence of the Defendant's servants. The Plaintiff was a respettable shoemaker, re siding in Hatton-garden, and the Defendant a Li. very Stable-keeper, in New Bond-street. On the igth of May last, the Marchioneni of Bath hired tour horses and postillions from the Defend. ant, as her Ladyship was going to pay a visit to Their Majesties at Windsor. %Viten they had got just to the town of Brentford, they overtook the Plaintiff in his one-horse chaise, driving on his r' ht side of the real, and going the same way. The four horses and fore wheel olthe Marchioness's :at.: riage had passed the Plaintiff's chaise; but the near hind wheel caught in the nest wheel of the Plaintiff's chaise, and upset it, turned it complete,. round, broke it, and threw the Plaiw if with great •oolonce to the Bound ;he was carried to neighbouring pa lie house,and, on the attendance of • medical gentkinao, it was discovered that the shoulder-non.. was friatir •d very dangerously, his elbow much lacerated, the small bone broken. and the chief aging tendon consi derably injured, se that the bone was left bare. Ho was under the hands o: his surgeon for several months alter ; and, to the present mumen unable to use that limb ; and, front the evidence of the surge-ins, iii all probability, will not recover its pertea use during his lite. l'he expe nces atten di ng t hi s ac e d ent, and the repairing the chaise, amounted to upwards of thitty pc.unes. All these falls were proved by uninterested wit nesses, who happened accidentally to be present, and saw the transaftion. They all agreed, that the care lessness and negligence of the drivers was the sole cause of the accident t there was room for two car riages abreast, when the cial ie w a s upset, aud 4 A I