The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-21 00:00:00

S JUTYFND, AUGUST 19.

i

No langu wou'd be too extravagant to de-
svihe the ,urprise and regret of persons of all
risks here, on learning that Lady 11 4,41x-rot+ had
suddenly qutted this place, in a chaise and four, at
tine o'clock this morning. She took her departure,
I understand, in consequence of an express that ar-
rived here yesterday evening. Miss NELSON set off
in cnmpany with her Ladyship; but Mrs. Hi,. t.TKO
TOM still continues here, and the young Ladies
who composed the family party, still remain behind.
They expel I.er Ladyship to return to-morrow, ac-
cording to the intention she expressed at parting from
them.

'There was to have been a ball to-morrow at the
Royal Hotel, hut, I fear, the absence of Lady HA-
MILTON will prevent it. Mr. LOWNIDLS, one of the
most aCtive patrons of this and other entertainments
here, is the same Gentleman who exhibited speci-
mens of his oratorical abilities on the Hustings at
Covent-Garden and Brentford, and in the Town-
hall of Guildford, during the last general election.
The weather here is extremely variable; this day
being hit'lerto very fine, though yesterday was as
rainy And diurnal as any during the season.
The infant Comic Raseirs, Master Rrsauo, conti-
nues to attrael and delight the company at Southend.
On Saturday he played Sir David Minder, in tr,,,,
and 111rwo, and Sharp, in The Lying Valet, in both of
which he received unbntinded applause, from an au-
dience composed of most of the fashion at Southend.
Between the play and the farce, he also sung, with
great humour and erten, the whimsical song of The
Little Tarthinz Ruth Light. This night he is to per-
form Scrub, in The Benue Stratagem, and Caleb Quo,
tem in The Review, or The War of If ind,nr.
Amongst the last arrivals here, are Mrs. MOST ...-
Gilt gURGOVNE, Sir H. SMITH, Mr. and M. W•T-
Kit's, Mr. Pi tact, &C.

MARGATE, AtJ c . 19.

Yesterday morning, at six o'clock,we got on board
the Dispoteb packet, lying off Billingsgate, and at
eight weighed anchor, with a light favourable
bree/e from the S.W. We had near 100 passengers
on board ; bat the Rose in June packet, which sailed
a few minutes before us, was so crowded, that there
was nut accommodation upon deck for one-f urth
of the passengers. who were seen suspended in dif-
ferent parts of the rigging. We proceeded from
the river without any singular occurrence till we
passed Tilbury Port, near which four frigates are
constantly moored for the proteCtion of the river.
Here a stiff breeze springing. np, we scudded before ,
it merrily, till our square sail boom snapped in the
middle, and was carried away. This. lobe sure, re-
tarded us for a short time ; but a new one being soon
rigged, we were relieved from further inconveni-
ence. Although the gale was fresh and the sea ran
tether high, we had not one passenger on board
sick, though several females and children were
among the number.
Three or four gentlemen were determined to
make themselves eofetioteble, to which the Stewards'
bottled porter greatly contributed, and sharpened
the wit of our companions as mulch as the sea
sharpened their appetite. In crossing the Nore, we
passed a great number of frigates and other ships of
war, in readiness for immediate sailing orders. We
it ached this place before eight o'clock in the even-
ing. The Pier was crowded with all the fathion-
shies ct the town. who pressed forward literally in
thousands to witness (air arrival. The two packets
which came in the morning, the Rose in June,
which got in just before us, and some wherries
and other vessels moored along the pier, were
full of speaators, and the whole presented
to our view a most delightful and animated scene.
Wish great difficulty we could make our way thro'
the crowd, across the ships to the Pier ; but a hea-
vy shower of rain came to our assistance, and soon
dispersed this multitude ; we arrived at our hotel.
In consequence of the number of persons who
came down by the coaches and hor, the demand
for beds was incredible ; there was not a part of the
town unoccupied, to the very attic stories ; and we,
with many others, were obliged to be content with
stretching ourselves on chairs, carpets, &c. It is,
indeed, impossible to describe the confusion an .1 dis-
tress of last night. Several women, with children,
obliged to sit up all night ; nor has this day im-
proved their situation ; as lodgings are not to be
had for numbers of those who came down on the
chance of immediate accommodation. The town
is all alive, and full of amusement ; the libraries
are the morning lounge ; and the Pier the evening
promenade. There will be ars assembly this night,
which is expelled to be very brilliant. The regula-
tions are so judicious, I understand this entertain-
ment gives universal satisfa!tion, and is entirely free
from the unpieasantness incidental to mixed compa-
nies.
Evening Auctions, and nick-sack Lotteries are all
the rage ; there will be one this evening at Sizy la's
Library.
Jerusalem coursers are much in demand, though
not so much as at Brighton.
The Theatre is not so much frequented, the com-
pany as yet being indifferent. Phis evening The
Blind Bargain, with The Pulse, will be performed.
Irish Joismrona is here, and, it is expelled, will give
new zest to the entertainments. BrtLv Oltouees
(Stew ex. late of the Dublin Theatre) and his
Company are gone, to the great regret of the vi-
sitors. who were highly gratified by their comic
songs and recitations.
Among the last arrivals are, Lord and Lady
Hs4,4mm, Lord Lorrus, Major-General D.
Camesezz, &c. eitc.

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The boats of the Artadne and Ma gun-brigs,
hare cut nut from under a battery at Calais, and
sent into the Downs, a chats matte, called the Pro-
ranee, laden with upwards of 500 sacks of wheat.
The Be:fettle. of '4 guns, another of Lord N LL-
scos's fleet, has returned to Plymouth. It is re-
ported that his Lordship is destined for an im-
portant command ; some say that he is to be sta-
tioned in the Downs, and that Lord Kc► Tit will
probably be employed in watching the part of
Ferrol. It has been supposed by some. that the
Combined Fleet, finding the Ferrol squadron could
not come to them, and bearing that Sir ROSERT
had weakened his fleet, resolved to go to Ferrol.
How they got into it, is aot yet ascertained, nor
ever. oa what day.

LAW INTELLIGENCE.

COURT OF CHANCERYTVLIIDAY, AUGUST 20

Es-frorte HOLDER and oth,r,, Assignees, in the malice
of RIEWOOD, a Bankrupt.
The AT rOR•ZEY GENERAL stated, that this peti-
tion had been before the Court some time since, and
it was referred to the Commissioners to inquire
whether the sum of 3001. proved as due by the bank-
rupt to Christopher ..;ardner, should not be ex-
punged, on the ground that the origin of the trans-
aaion had been usurious. For the purpose of in-
vestigating the business, the Commissioners_ had
examined Mr. Gardner, who deposed, that he had
been applied to by a Mr. Corn to lend the sum of
3001. to Birwood, and he agreed to do it; hut being
obliged to sell out 3 per cent. Consols to thatamount,
it WAS settled that Birwood shouid enter into a bond
to replace so much stock as he wool 1 sell out, in
three years. Mr. Corn gave direaions to Mr.
Mason, an attoriwy, to draw up the bond,. which
was done accordingly, and at the execution of it, he
asked whether he could at any time, wider iteSCiZe flee
goods of Mr. Birwood, and being told he could not,
it was agreed that a warrant of attorney should also
be executed to him. Mr. Mason, the attorney, was
then examined before the Commissioners; and he
stated, that he had been employed by Mr. Corn to
draw up a bond, by which Birwood was bound to
replace 1501. 3 per Cent. Consols in the space of
three years, and in the me in time to pay the divi-
dend on so much; but ho did not know the soot of
money that was lent by Mr. Gardner. He further
stated, that Gardner had consulted liiin toner- mine
the remedy he would have, if Mr. liirwood would
fail in his payments; and being informed by him,
that he could not sell his goods, it WAS agreed, ho-
tween the parties, that Gardner should have a war-
rant of attorney, which WAS at the time executed.
On these grounds the ATTORNEY Gee UAL scat-d,
the Commissioners had certified that the debt was, ,
in its origin, of an usurious nature, as the sum of
3001. which wets the only money advanced by
Gardner, and was the sum he had proved under the
Commission. wool] not be sufficient to replace 6:i
stock, and also as the dividend agreed to be paid
it, would be considerably more than the legel in-
terest for 300!. This application was theref ire
made, on the part of the Assignees, to have the
proof of the debt expunged, on the ground of usury.
The Learned ATTORNEY GENERAL further states',
in aid of the case he had already made out, that
Mr. Gardner proved his debt on a promissory note,
which he had also obtained from the
without the knowledge of Mr. Mason, well krow-
ing, that horn the nature of the transaftion, be would
not be allowed to prove under the bond or warren:.
He, therefore. hoped his Lordship would order
this debt to Ise expunged.
Mr. Iticuseos, on the part of Mr. Gardner,
submitted, that the Commissioners had not drawn
a proper conclusion front the faas laid before them,
which were simply these s--Birwood having occa-
sion for 3001. aiksCorn to lend it to him, bin he
nut having so much applies to Gardner, who agrees
to lend the money, provided it is returned in stock.
Corn then direas Maio, to tir iw up a bond, con-
ditioned to replace t.:501. store, and a warrant is
afterwards executed for the 5.4:11C amount; hut
Gardner never examines into it until some time
after, when, onlooking over the bond and warrant,
he sees that it is not for the money he lent, but for
quite another thing, and, therefore, gries to Mr.
Birwood and obtains his prornisery note for 3091.
He, therefore, submitted that the petition should be
dismissed, as, whaeever compleaion the bond itself
might wear, the intention of Mr. Gardner was
per feEtly correct.
The Lome CHANCELLOR said, the question seem-
ed to be, not whether this contrail was umrious?
but. whether it was Gardner's contraa ? His Lord-
ship then asked whether the Commissioners had taken
anr notice' of the promissory note for 3001.?
'rise ATTORNEY GENERAL said, they had not ;
hut, that is appeared front the affidavits, that
Gardner, after h- had got the bond and the war-
rant, went to the Bankrupt and got this promis-
sory note for 3001. still retaining the other secu-
rities, so that it was quite clear, he was aware of
the illegality of the proceeding, and n,iutined the
note, for the purpose of securing him.elt in toe
event of bankruptcy.
The Lora) CHANCELLOR said, it had always been
his opinion, that this was an usurious con!Tajt, but
the only .I.subt he ever entertained was, whetl,r the
mind of the man went with it. His Lordship then
referred to different parts of the case, and said, that '
from the circumstance of Gardner's obtaining the '
bond, ant the promissory notes, meaning, if the
transaaion never met the day light. to claim under
the former ; and if, by any accident, such as the pre-
sent, the business should undergo investigation,
then to claim under the latter ; he was of opinion,
that it was an usurious transaaion. with the know-
ledge of Gardner, and that, therefore, the debt
should be expunged, and the costs of this applica-
tion paid.
Ex porta MORTON, in the Mailer of asoensoN, a
&wimps.
Mr. Roust tot stated, that this was the petition
of Mungo Morton, and prays that the Cornrais-
sinners may he direEted to allow him to prove a
debt of 5001. due to him, by the Bankrupt, and that
lie may receive the amount of the dividends that
have been already paid to the creJitots, under that
commission. The Bankrupt was a linen-merchant,
and transaaed business with: the hou.e of Baxter
and Son, sail-cloth mantitaawers, living in Dun-
dee. In the latter end ot the year 1601, a bill for
otiol. was drawn on the Bankrupt by Baxter and
Son, and accepted by him ; this bill was passed to
Mr. Christie, but was not paid by the Bankrupt
when due; it was therefore protested. and in a short
time afterwards wart taken up by Mr. Morton the
petitioner, for the honour of Baxter and Son, Christie
being about to commence an ation against them.
On the talth of January, 1802, a commission was
tidiest out against Anderson. and the Petitioner was
several tunes before the Commissioners, but would
not be allowed to prove his debt, on the ground.
that be paid the bill for Baxter and Son, and that
the Bankrupt had not received a valuable consider-
ation from them. 'the Learned Gentleman sub-
mitted, that whatever was the state of accounts be-
tween the house of Baxter and the Bankrupt, that
was no season why the Petitioner, who gave a we..
laable consideration, should not be allowed to prove

'T

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his debt ; he therefore hoped the prayer of the ri:-
tion would he granted.
Mr. Pin IT. on the other side. nrgel, that -
three applications had been made to the Commis-
sioners, and that they, wit, were all experienced
men, had refused them. It was now a e,nsidera,..'d
time since the Cnmmission h ad been tol.!n out, and
no application had been na iJe to the Cntut befoie.
He was convinced the Court arniald consider the
petitioner, will had taken tipthe 3:11 a month:at:re
the Bankrupt had stopped p symect, merely as tha
agent of the house of Bare- and Son ; and if. his
Lordship did not adopt this opinion, he submitted
the petitioner must stand in the shoes of Christie,
who owed a sum of 501. to,the estate of the Bank-
rupt ; so that at all events it could he considered
nothing but a contrivance between the drawer.
who lived in Dundee, the acceptor, who lived
in Dundee, and the paves. who lived in the
same place, for the purpose of taking so nr?ch
out of the fund, which was to satisfe the teat credi-
tors, and also to take the brirden off the shostders
of Baxter and Son. The Learned Gentleman eon;
eluded by saying, that as the Petition must either
vane in the shoes of Baxter or of Christie, the Pe-
tition must be dismissed.
The Loan CHANCELLOR said, that Mr. Ptcor
did not seem to think a Dundee man should have
two pair of shoes.
Mr. Pi ;ray said, a Dundee man should ant be al-
lowed to do what any other man would bu ashamed
of doing.
The blew CHANCELLOR said. Le could not prevent
Morton from going again before the Corrunis.ioners,
as his claim was entered ; if, in the stria the
hill was paid for Piaster and don, there must he an
ended- the claim ; )rut. if h.• paid it on his own ac-
count, and stand-. in the shoes of Christie, i; m•rst
then be euusiderel, what situation Chris.ie was in,
towards the Bankrupt. At present, b:s Lordship
said, the petition mitt be dismissed with -lt preju-
dice; and, if Mr. Morton choses, the affair must
be further investigated by the Corrinuissitmers.

An American Gentlemen, who left Amsterdam a
few days since, in a neutral vessel, after not;ctree
the immense preparations of the eneml, end ezeress-
ing his cusivittion that the invesion will spell...ay be
attempted, observes, ," That the vessels intended to
Convey the yore.. from the Tezel are of the largtec
size, some of net less than eight hundred to a t :o
sand tone burthen, and capable of traa.porting from
four hundred to eight hundred troops in each ;
that during the last week saw not less than una
hundred and tweet,' of these vessels drue down to
the faxed, with troops on board.
Much anxiety has of late been excited in the
minds of the merchants trading with America. on
the subieet of toe detention of vessels tradiee be-
tween that country and those at war wall Eitel .t
The ostensible came for this, it nos aapeat • .4
the discovery made by the English Govern c -o-, of
a contract }ravine been entered into bet,---e t
merchants of Holland and chose of America. by
which the letter have agreed to become the carriers
of produce shipped at Batavia, to be delivered is a
Dutch or French port. The English Geyeriwent
are well acquainted with the names of the Ante-
rican vessels thus empl ire:, but such a J;scoverr
to His Majestfi ships, who have received order to
Ming in and detain all American vessel: bo tad to
the enemy's pores, might have deeesse tee end. at
the order was, therefere, male general. le 'Olt. el s
a remonstrance • was made OR Sat/Dl4y y the
American Ambassador to our Gay:mese ekewitea
the true motives were fairly expiemed. But ..
inconvenience to which this Order has naturally , e-
duced the London Americen Meichentse deter-
mined a Committee from their body to WAit.
Monday, on Mr. PITT, who advised. that w . r
the American Merchants had to toe plain of . o.iid
be reduced to writing. Upon this the Coaeuisti- •
took their leave, with the determination of ru,_ui
I the line pointed out to them by the Minister.
By a letter from Cadiz, we learn, that a L.• -t•-
nant and a Midshipmee of His Majesty's ship M
hoarded an American fe,m Cade, hiving on .s a!
Gen. Moreau, his lady and three children, howls!
to America ; they expressed great aeprehension
being detained, but were permitted to pursue their
voyage without interruption.
Yesterday the Bloomsbury and Inns of Court As- ,
sociation met for the purpose of bri. g inspeee ;
but, owing to the incessant rain, and so meny ot the
Corps being out of town, the number preseat was
only about 301; they attended in consi.lete ma ek-
ing order—but from the state of the weather n , evo-
lutions could be performed. Col. Cot, :miters
drawn the Corps into a circle. addressed them i s 4
neat and appropriate speech, in wlech he int...rm.-I
them, that he bed no immediate orders front G
vernment to communicate—that he did not wise .is
put the Corps under arty unneces.ary restraint, er
to keep them in town, if their business or health re-
quired their absence ; fee himself, he could oely
say, he should be at his nos!, :zed he trusted to the
spontaneous exertions ot the members, who were
as capable as himself of judging when their set sc,ets
would be necessary ; and he bad no doubt, if that
time should ever arrive, he should have the satisfac-
tion of meeting every individual of !he Corps.
Viscount Beoste, Colonel of tile East Sul .11c
Militia, arrived at Aberdeen o.cM naiev se'nniehts
te join his regiment, which bad arrived. there ia
three divisions, the preceding week. They are tho
first regiment of English Militia, that ever were
quartered in that part of the United Kingdom.
When the good if our Country is blended with
our own individual interest, it i. d net,' grettful to
our feelings. 'Fhis two-feld grat fication is ;-eree
sewed by the Scheme of the presets: Lottery, w:it r•
the purchaser ot a Ticket or Sh .re, at use same tune
that he assists the finances of the State, has the et o-
sped of a respedahl: list of Cepital Prizes, wee the
extraordinery advantage 'of money for Blanks
On Thers'iley evening. a gentleman three- '. ins, lf
into the Themes, at the bottom of Strand-lane. with
the design of putting a period to lair existence.:! 'N-
ever, some fishermen cast their nets, and. in et, nit
ten minutes, brought him up lifeless. The arena
recommended by the Humane Society were erri!,iey.
ed with erica, and restored animation. Much pea se
is due to the patience and perseverance of the lee-
sons to whom lie is indebted fora secoad cad t nee.
lie was well-dressed, had a guinea a•id silver,, hie
pocket. His name we have net heard ; and. it wa
had, delicacy would forbid the mention of is.

1s

'II:OI.,ST 17.
The B, othert, Stevens, from Liverpool, bound to
Ma!ta.

Sailed the IfentsinQkani packet, Roberts, with a
tnail for Lisbon; and the .4ritidug, Capt. Marren, for
Copenhagen. Wind northerly.
DEAL, AUGUST 19.

Sailed the Agigrowt man of war, for Dungeness;
and the Trompetite sloop of war, for Yarmouth.
Arrived in the Downs yesterday, and sailed for
11,ver. the Providence, French ehasse marer, laden
with 550 sacks of wheat, cut out front under the
batteries of Calais, by the cutter belonging to His
Majesty's brig Bold. Lieutenant Chivers, com-
manJer, under the Jireiion of Sub-Lieut. Slaugh-
ter. This is t!,e second French vessel cut out of
Calais this war by the Rold.—Wind N.E.

' •
•
PIAT.II. [Nit LLTGENCE.
PORTSMOUTH, . AUG 1(1
Dropped dawn to St. Helen's His Majesty's ship
Diomede. Wind W.S.W.
PLYMOUTH, AUGUcT IF.
Came in the Beide m m of war from Lord N.A.
son's fleet.