The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-01 00:00:00

LA Ift AVTILLIWCACE.

MOAT Of CiIINCERY, Winolimercit, SATURDAY,
HAY 3*.

ficssev e. cultism.
Sir SA'SLEL KOISILLY made a motion, in this
ease. on behalf of the Plaintiff, for an injunction to
restrain the Defendants. who were assignees of a
Mr. Hill, a bankrupt, from proceeding to sell a va-
luable ship and cargo, now under seizure in one of
o.e King's docks, for a fraud committed by the
Master and Captain upon the Revenue, in enter-
ing, as part of the ship's cargo, spermaceti oil as
common oil, the former beiug sahjeft to higher duty
than the latter. There is a Memorial pending, and
a fair prospea of the seism. being taken off. This
ease was stated to be of rest insifortanee in itself,
and of great interest to ship owners in general, as
involving in it the doetrine and law of liens, both
in England. and in forei'm parts, upon ships for re-
pairs and improvements during their voyage. The
Plaintiff, an American Captain. hail a Spte!ifiC eon-
trek with Hill, Ose f.xner of the ship, previous to
Hill's bank, uptcy, stipulating that the Capt.tin
should secei.ve one third pet of the net proceeds of
the cargo, clear of all deduCtion. The vessel. during
her voyageo required repairs which the Captain pro-
cured to be made and paid for. lie thetefore
claimed a lien upon tile ship and cargo. for his
third'part of the net proceeds, and the repiirs
made both at home and abroad. and moved foe a
receiver. The Counserfor the Defendants contended
that tli;s was a new ease, and that it was properly
cognizable by the Court of Admiralty, where the
maritime and civil laws were Lea um:mond a.nd
praeliszd ; a distintlion was Won up as a ground of
arguinmt between legal and equitable liens, and be.
tween English and maritime interest for money, and
also between liens for repairs made in England and
inAteiga pus—lreland, the West Indies, Jersey
and Guernsey, in this respeel, being considered fo-
reign parts. The Loan CHANCELLOR at length
dedared. that this Court had kitischelion in
this ca.e. and not the Court of Admiralty ; for that
t!.e legal hen was a pure question of law, to be
found by a Jury, undir an issue diredted from that
Court. which the Admiralty could not direel, and
as to the equitable lien. it was to be governed by
the civil law. He i.id it down, that repairs made
in the river o:mstituted. nn lien. but wets a contralt
with the owner, like repairs on a house, and that
in such cases there must be an express contra), and
notice given to the owner; but that in equitable
liens. no notice was necessary, for that any one
making the necessary repairs had a lien without
any noti,:e. tlin for repairs made in foreign parts
maritime interest was to be allowed; and that
the Captain, under certain forms, had a power. as
agent for the owner, to hypothecate the ship and
cargo, for nece:lary repairs abroad, which was
the foundation of hooomry bonds, or to ersate a
lien without hypothecation such case., although
no other person had such ki ewer. Instead of an
injunaion and r, c :vet, which the Court was willing
to grant, the Plaint ff's Counsel, however, accepted
the offer m isle by the .I..oigners. to give sacuriry
far all the Captain's claims on the sale of the ship
and cargo. .

POST OBITS.
ran Noa, a. WA
Sir SA VIAL ROM! LAN, moved for an irjAnflion
io this case, to stay the ?roceediags at Law, now
carried en against the Plaintiffs grounded on four
;Pest fibs Rands, pass-d for the sum of 60001. by
the Plaintiff, in the life time of his father, since
deceased, and made payab!e on the event of the
tather's death. The consideration for these bonds
was only four horses, which J;1. Samuel Romilly
stated were oitaryir,ear horses, without blood or
pedigree, and ccnsequert',y the ct.rchaser could not
find out their ancestors, if be slaoulcl want to dispose
a them at any time; it was stated that the Plaintiff
was 29 years old at the time of the contratt, and
had paid one half yeses interest.on the bonds,
in his, father's life time ; the bonds were subject to
interest, until the father's death ; and it was urged,
that this was a fair contra& with a man, not a minor,
nor young.
Mr. Rrcri Altos. for the Defendant, supported the
;antral, and submitted to the Chancellor, that
although hia Lordship was better acquainted with
the course of this, ..nd other Courts, than with race
courses, yet, that in his travels on the Northern Cir-
cuit, he had seen horses worth. and sold for. one
thousand ppunds each ; and that as the Platatiff
wished to sport tho*e how, at Newmartet. in his
father's lite time, and was so have much money at
his father's death, it was not unfair to gratify him.
and make him pay for his amusement. It was fur-
ther urged for the Defendant. that it would be very
hard to grant an Injunetion against the Defendant,
Mr. Warder. who could not coniroul the proceed-
ings at law, which were carried on in the name of
John Wilson, to whom Warder had assigned the
bonds ; and who, as was stated, sold the whole for
about twelve handred pounds only. It was also
stated, that John Wilson's real name was William
Wilson, and that his answer to the Plaintiff's bill
did not yet mpg in. as %Villi stn did not stem ha.
dined to answer to. or by the name of Jo:in.
The Cour,iel for the Plaintiff' in turn made an
appeal to the Chancellor's own exper:ence, whether,
without notiility of birth or great distinflion, his
Lordship had known of any horses sold at such high
prices ? His Lordship stated, that Pea aid bonds
were not voidable or bad where imposition was not
pranised. but that in this case there appeared im-
position, and that the age of the Plaintiff made no
difference ; that the bands in the hands of the As.
sigitee remained liable to the same objections which
existed against them in the hands of Mr. Warder,
the original obligee ; and that Mr. Warder should
be incliad nd with the Messrs. Smith in the Injunc-
tion, for that the vendor must look to the then
price of the market only, and should not p.ofit by
inch a eontrafl—injunetion grained.

On Saturday morning, an accident occurred, in
the warehouses of :dews. Swans and Prii•iss x,
distillers, i■ Holborn. rho extent of wh.o: t was
much exaggerated in the papers of yester44v. It
was occasioned by a cask, containing two gull ins of
spirits, catch•ng tire ; it wAs got under wubota. any
other injury than the Liss of the liquor, an 1 err
man having his taco scosche4 Apt dan-
gerously.

‘,tbe

Put,rcr.
sp
DUELLING.
S tturday recaning, Major George
the ROI Regime:4 of Foot, of the Use
boat ; Thomas Liman. of Gr'
Luke Stritch. who !ridges in Duke-gm
sir John Jones, of the G• era Hotel, ...tryntur,
Carnarvonshire ; ware brenight before LI NZ$ Ileac.
and !Vries, tsqrs. eharrid with a breach of the
Peace, idassembling to fight a duel.
Smith, one of the Orfice:a, said, that early 011
iturday morning, he received i.itormation hut
residence, near Kentish-town, that some g.ittlerlea
were going to fight a du-1, near Chalk-rarrn.; in
consequence he, in company with Marshal, a
Constable of St. Pancras, wnt with ad pos.
sible speed to Chalk-farm, abnut half-pas- eight
o'clock ; two fi Ids from the house, towardi
Primrose-hill, the spot where Mr Montgomery's
fatal duel was fought, he observed the four prison-
ers. Major Grey and. Mr. Stritch had each of them
a case of pistols un lee their coats. He called to
them to keep the peace, and desired they would not
fire, 'and immediately apprehended Majnr Grey and.
Mr. Stritch, and tor.k the pistols from them ; in the
mean time, alma.' and Junes too'.; r:rl' their great
Coats, and raii away. Tne offiters cated atter then
and told them it was of no use for them to attempt
to run away, as they certainly should apprehend
them ; they, in consequence returned.
Marshal, the Constable, confirmed the above
statement.
The prisoners, in their defence, said, they were
only going to foe at a mark.
They *ere ordered to End bail, themselves in
41001. to keep the peace for one year, and two sure-
ties each in 2iki each.
Os Fsiday evening, t!-e waggoner who was
knocked down, and whose waggon was attempted to
L: robbed, on Monday night, in St. Giles's, attended
at the offire; his evidence w:ls taken down, but it did
not appear that he had any know!. dge of the men's
persons who cninsnicted the otienze, or should
know them again, if he saw them.
Five men were apprehended by the officers, in the
course of the week, on suspicion of being the pet.
e.raroi sof the feel riti outrage upon Mr Waikin-
son and the warch..i.in. Several of the by-standers
of the barbarous at attended, and declared them
not to be the mess. l':ley were accorchagly rfik.
charged.
We are happy to sae, hopes are ennerriiesed of
the recovery ct Mr. Watkins. The other two re-
main very claubtful.

NEI? PARLIAMENT.
C )14TESTED ELECTIOICS.
YOM Kill za—MINTIN DAY'S roL!..
Mr. W.ll,ftrf..r,e . . . 9::•51
Laseel:ci . . cal
Lard Mike r 6:66
LUCLIN--..YIISP.D DAY.
M Ilatm:tnit 2113
Afr r cbot 279
• • •
Mr. Falichter SDI
•

MONTHL Y AGRICULTURAL IiLPOI

FUR MAY.

The wirm writh.r which succeeded the he ‘7 rainy in the
early part o; the me.tth, has much imprevA tne :myth and
a.ipearancr of Wheat, which stood well, and loot very pro.
rtii.ing The 'Fie; corn and the giess-weds lately sown, •re
closely alwieings sasl those crops which elm top Leong in
the seeing crow fart. In the rests, where the knurl.; were
irr..en impaled by the 1.41119. their >print sowing se Amnia! ;
and the grain, elneae,y above ground, iot(' well. Some Wal-
ter Tares, on rich warm landi„ have b.sen already mit, and tea
most situations are nearly ;:arly for the sc,the average
trice of Wheat throuzliout England and Wasp is 756. 11.1.
Marcy, 3M.; Oats, 226. 10d.
The young Clovers are equally forward, and afford excellent
keep for feeding Sheep, Ewes, and Lambs. The Turnips are
generally iss A crate of great ferwardues., sod nosy acres are a:-
ready soda with th, Sweluh lon. roil: Lands, both coma
and inclosed, which are to be fal:•rwrd for SY neat, are every
where broken up. The setting of Potatoes has :hovel,' bee:a
airy general, and much rant
The htcadows, though somewhat late, begin to grow fa*,
ant the Pastures In general afford a fat! kit. to wiry and feed-
ing stock, which have been for some tine turned nit; and
owing to thesate rapid improvements .n the P4.4drei and are-
fic.al Grasses, a great demand has been inarle for all kinds of
Live %rock, which have enrisiderahly advanced in value at the
lite Faro eta Smithfield Mantel, Beef fetches kom 4s. Bd. to
Ss Id.; Mutton, ss. to Ss. Rd.; Pod:, 4s bd. to Se. 8.1.
Y:,ung fresh Hones, either her the Collar or Saddle, were
never, as this season, dearer, or more in request Sows Ind
Pigs, and small Stens, find a qtick Sale, being much wanted.
The Orchards m the Inland and Fen Douritta looked this
spring beautiful, a foe blow, and very pr.tioiong. The Gar-
dens, in general, are equally good, shevriog a profusion of
Ser. y Fruit.

It was stated yesterday. • upon the authority of
private letters, that Mr. TAIL-Jr, and Mr. H suit.
you, have been returned fur the county of
By the official report of the distribution of the
British Naval Force, d...sirn to yesterday, it appears.
that there are now at sea, 83 sail of the line.
seven ships from 50 t.) 44 irons, 121 frigates, 144
Sloops, and 1611 gun brigs. ac. making a total of
625 ships of war, exclusive of those in ordinary,
building, repairing. itc.
No case of public inrerest occurred on Saturday
in the Courts of King's Beech and Common Pleas.
The Court of the Duchy of Laseast2r WAS held for
the first time these lour years. and Mr. PSIICSVA c
presided. A case of Mandassrs, resretling the Mayor
of Leicester, came before bins ; bur judgment was
deferred until nee. Hilary Term.
Saturday bight's fiecatre contains an Address from
the General Assembly of the Church of Scotland.
congratulating His NIAJLSTY on the Abolition of
the Slave Trade.

The ICINQ has been pleased to order a Cove
fr El ye to piss the Great Seal. smpowering the Dean
and Chapter of rise Cathedral Cheich 14 Salisbury
to eled a Bishop of that See, the same being void by
the deaili of the /tight Reverend Father in Gad
Doßre Jove Duvet As, late Bishop thereof ; and
His MAJILITY hat also be•sa pleased by His itoyal
Sign Manus', n+ recommend to the said Dean and
Chap'er the Right. Reverend Father in God Doklor
JUR% h. ism E nose' Bishop of Eiete-. to es by Walla
eluted Bishop of the slid See of Salisbury.
I ecogr eovenvi at.; ACTS.-1‘ is not only u*.
deniable, that a 20.0001. Press in ihe..last Lottery,
from a bespcke roomer, wks the • !,,spring of a
dream, by a respectable tra.lesmAn at Sontharrmton,
but also on- of the 10,0001. Prises, and ch!to at
50001. wc:e acquired from Numbers tupreisly ri-
hectzd.

7 I!,k

ID WI 1111 I IT.
George Grey. of
r Orford Cr.ike-
ray's-inn-squ..re ;
tTeet, St.ign3es'4;
ti, and Bryoldr,

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