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

7

nntairroN, JULY 2.5-.
54 Royal Highness the incof NV
ten :rear.
la„t niht, in the mote priv mminter.
rte .11th Glougcester 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 the windows
rrige •
r the Pavilion. At one, His Royal Highness,
• by the Earl cf BARRY MORE, Col.
IR
icsOOarie
LLD and several other Gentlemen, graced
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 Russet.GT and
pasTristose, WILLIAM t., Colonel
gwoomeist.o, and Mr. MCLLISH, were of the
earty• His Royal Highness's band played on the
jos all 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 amongst them. Due Pavilion was the mag-
net. indeed every thing coasresi to make it an
Elyfium. The cahneess of the 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 conspicuous 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 very 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 Cleo and the weather Welts settled.
It is said one hundred thousand puede atodepending
on these races. Bets to-day ran six to fours 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 vicinity
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 found ;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. submitted. 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 Common Lau, by
bringing an aflion of account.
Mr. Ri en ARDS. on the part of the Plaintiff, 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 7,9121 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 agency of
Linlo. Lake, and Co. of that Island, 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, verpool'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'
there 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 sufficient 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
astthe
his
accountdehtor,
was
ra withouttnksrenorpednf
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 ill
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.

aismiIiGIIILDMIALL•
Yesterday Anne Beer, Mr. Lindo's servant. and
her accomplice. Alisadrib Seely. wars
mined, and a parcel of silver
had pledged on Saturday were pr
to be the property of Mr. Undo ; from some cm"
cumstances it is thought they have an accomplice.
Every pains will be taken to discover them. They
were remanded hnm their own confession I the rob-
lieu WAS proved, but nothing relative to the fire. '-• '.
r uncle orrice, sow-scress„
A great number of informations Oars WNW
tliese few months b7.en sent to the Office, describing
tiro 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' shops to the houses where
they are taking the boots to, and in a short
time alter the boots have been left, they call .in
the bootmaker's name for the boots, saying
they are not complete, and want something
doing to them. This hick they played of on the
7th or Bth instant, in following Mr. Wimpory's
man, of Coventry-street. with a pair of boots for
Lieutenant Nowell, of •Dorset-street, Nianchtst et-
square. The particulars of the man and the boots
were sent to the office, and a few days since. Ad-
kins received private information, that a pair of
boots, answering their description were. to be sold
at a seconsPiand shop in Broad-street, St. Giles's.
The officer went to the shop, and being satisfied as
to the boots, seized them, and was about to take
the man into custody, but the man saying he pur 1
-
chased them of a Jew who resides in Petticoat-lane,
the officer went after him, when the Jew very ready.
ly gave 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 considerable 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
name 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... Grenteieith two chi
The last-taratio'ned lady was coat itcod to be the
daughter of hlr. Cileeste...

-I

I