The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-15 00:00:00

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t Mr. Statham. yet as it appetred he had
aeling as agent for another, the Plaintiff
entitled to have recourse against the -prin.
1
'r.srdia for the Plaintiff, 1-231. with tosts.t,,,
114ENCN cad orates V. /AVON.
,'his was an action brought by Messrs. French.
ns. and whets, assignees upon the Bankrup,
te of a Mr. John Hill, a conaderable merchant
:•. hit. to recover 70001. against the enderr •
• r, upon a policy of insolence upon the ship
-reed, engaged in the Souihern Whal Fishery,
• was ultimately lost on her voyage home-
. -.de. This had been formerly tried, hut as the
• ai was grounded upon a memorandum, written
, • s toe neck of the policy. agreeing that the in-
: -met stinuld he done upon the ship and goods,
,-istead of the ship and outfit. it being thotight that
-1 additional stamp became necessary to render
':.at agr-ernent valid, did verdia was in favour of
D•fead ant. This present aet.on was grounded
lei the or: ;mai taps of the policy, isolating the
sad outfit -
Lend ka.aitamacsoon being inclined to think
•• vie intim.- inent being invalid, from the want
stamp, rs.n eted the antecedent obligation void,
• ..2:•J the Jury is find a Verdtet to nonsuit the
.tiffs leaving them at liberty, if they chose, to
r . • -fterwards for a Rule to chew cause why a
riAl should not take place upon the original
—Verdi& accordingly.
CHAltvftt.t. e. MARTIN.
s is was an action brought by an. indorses
• as; t -e acceptor of a B:ll of Exchange. dated
'231 Jun •, 1807, for 3001. payable three months
sat-• slate. rue defence was, that since the bill
was drawn there had been an alteration of the date
from the id to the 23d of that month. The fans
were. that upon the Si of June the Defendant gave
Messrs. Giles, Roos. and Company, his acceptance
for the above sum. and received. upon the same
day. ebeir acceptance for a similar sum at 115 days.
This was by way of mutual accommodation, as
each was to negotiate the acceptance of the other,
ia order to raise money. Giles, Roos, and Co:
having retained Martin's acceptance in their own
bands, finding it would bean additioual accommo-
dation to postpone she date of it to the tt3d of
June, altered it accordingly. previous to indorsing
it, and gate notice thereof to the present Defend-
ant, that he might do the same upon the out he
bad received.
Lord Exazemiseouen thought that both of these
bills were to be viewed as money, the moment they
were issued, and, therefore. that a new stamp was
necessary.
The Asvironsav-Gzsi Ea AL thought. that the al-
teration being made before the Bill went out into
the world, as neither of the acceptors had any claim
to against the other, no additional stamp was neces-
sary.
Mr. GARROW. for the Defendant, stated the case
of Wilson o. Justice, in Serjeant Bailey's Book,
p. 84,where a bill was altered, boy consent of parties,
from nine months to twelve months, and still re-
mained in the bands of the payee; wherein Lprd
Issnyon held, that it required a new stamp, as it was
as entirely new bill with respeet to the revenue. and
so it was in the present instance.
Lord ti.xessoitouos farther observed, that if it
was a mere alteration of a wrong date, previous to
the acceptor giving it out of his hands, a new stamp
ssould have been unnecessary, as it could not be
deemed a second bill. Ia till.. case, however, if the
Attorney-General thought he could produce any
further argument in support of tue clAiaas of his
client, lie might make a sub,equent motion on
eubjeft.—elaistiff nonsuited.
6011 KT Of COMMON PLEAS, Die

SHRILIII O. ROWIt.
Mr. Setjeant brussels stated. this was an ries
tiOn bzougnt to recover the freight of the True Bri-
toil, a collier, which was hired by the Defendant
to catty coals to Hamburgh. but was obliged to
return, the port being in the possession of the
French ; and also to recover demurrage for the in-
jury sustained, Plaintiff's ship ben obliged to re-
main for a considerable time with ti•e coals on board,
Defendant having refused to receive them. The
Plaintiff in this cause is master and owner of the
Tree Britons collier. and Defendant a coal tiler,
tiroker, and various other businesses, at Newcastle-
upon-Tyne: In the beginning of the mooch of
04lobar. 106, Defendant ..hartered haintiff's ves-
sel to carry a cargo of cools to Hamburgh, which
was consigned to Mess. Ross and Schneider, Ham-
burgh ; the Plaintiff. after the cargo was pot on
hoard, was detained from the 13111 of ocloner.
the 14th, by contrary winds. On tt.e 24th the 7,,ie
Bryce sailed to Grimsby Roe 1 joi .r, y
of the Charles armed brirr,, and prt,ceeded with the
mt of the convoy to their destination ; when they
had arrived at Cuzhaven. they were informed by
oae of His Majesty's ern sees, that Hamhugh was
eapeded to be taken possession of by the French.
Captain Christie wrote to Mess.Rass and ,ichceider,
informing them of his arrival at Cuirriaven; when
he recei.cd an answer, in which they req, ested him
to peoceed up the river as tar as Glockaradt. wnere
they would send lighters to unload the sin?. i'laintif
did so. and after remaining several days at Gluck-
stark, in the interim the French entered Harnburgh,
when all those vessel. that wise English were ob-
liged to set sail immediately, souse with cargoes,
sad other: only halt unloaded. The True Bram
returned to England, as did many other vessels ;
when Plaintiff arrived at North Shields, he sent
in-
formation to Defendant al his arrival, and request-
ing to know what he should do with the remaining
post of thecae go Deiendant retnroed for answer,
whatever be pleased ; he migherfirow them into the
sea it be liked, or whatever he thought proper,
as be should not receive them ; arid refused to pay
freight, or easy other charge, to recover which this
winos was brought.
On part of the Plaintiff, thow.harter was pot
in as evidence ; and a inernorandam, which re-
everted Messrs. Ross and Schneider to pay ten gui-
ores to Ploiutiff, in case he should lose convoy,
onsourit'ng to two days demurrage, at five guioeas
per d iy. 4he charter w.,a signed John Oxley,
,emekthe, rliam Rowe."

that took place between him and Defendant's At-
torney. wherehe applied to him, and informed him
of his intension to sitapesl4 the subscribing witness
to the 'charter I when the other replied, it vrould b
putting him to too great an expense. and not to
mind it. as the siguatuie to the charter would be ,
acknowledged.
William John Grey, 'glary Public, Newcastle,
st.,ted, that Mr. Oxley is Managing Clerk to De-
fendant. Witness has made not charters of ships
for Mr. Rowe, upon 011-y% application. Mr. Os-
ley is in partnership with :soothe- person in a differ-
ent line of business from Defendant.
William Armstrong. Mate of the Tres Briton, de-
posed. that on the 13th of (Mabee, 180(1, the
Maintiff 's ship cleared o•it from the Custom-house,
and was detained in the Clyde, until the 24th, by
contrary winds, when • they joined convoy in
Grimsby Roads, and proceeded to Hamburgh, un-
der convoy of the Charles armed brig. When the
convoy arrived at Cuxhaven, they were prevented
from proceeding any farther by one of His Ma-
jesty's ships of war. On the 12th November, they
arrived at Glnekstadt ; as soon as Rossand Schneider
had sent the lighters to unload the ship, they began
to discharge their cargo. The Tree Briton re•
maimed at Gluekstadt until the 21st, during which
time seven keels of coals were unloaded. amounting
to about 60 tons. If a sufficient number of lighters
had been sent by Ross and Schneider, Witness has
no doubt but the whole cargo might have been
discharged during the time the ship remained at
Gluckstadt. On the 41st November. they received or-
ders to proceed, as fast as possible, to Cuxhaven. as
the French had catered Harnburgh. The Tree
Briton arrived at Cuxhaven the same day, in com-
pany with a number of other vessels, some half
loaded, others three parts. Set sail from Cux-
haven the 26th, and arrived at North Shields the
Ist December. The remainder of the Tree Briton's
cargo was discharged on the dich of February. 1107.
and put into a kind of shed on one of the quays,
where some of it now remains.
Mr. Coulter deposed, that after the arrival of the
Tree Briton, at North Shields, Plaintiff came to
London, and left the can of his ship to witness, who
wan a fortnight seeking for some place to unload
the:ship. Witness went several times to Defend-
est. ta know if be would take the coals, or what
should be done with them ? who rased taking them.
Witness hired a shed on a quay, where the coals
were put. after having been discharged from the
shipr
Captain Upton. Commander of the alielear fri-
gate. proved the orders foithe ships to sail fur Eng-
land, were given by him. as Senior Oscar on that
station. _ . .

Several master of colliers were examined, as to
the state of their cargo, on theit leaving Gluckstadt,
from whose evidence it appeared they left Gluck-
stadt in much the same plight of the Tree
Setjeaut Bauer spoke at length on the part of
the Defendant.
The bill of lading was pat in as evidences when
at the bottom was signed 01 illepubited, according
to Chatter, John Christie," wbi7 entirely did away
the former part; as, according to the Charm the
freight was to be paid by Defendants with a bill at
two months.
The Joey, after shout half en hour's considera-
tion, returned a verdid for PLtintilf—Damages.
8401.

GLASGOW. Discuss' 10.

Copy of a Latter from the Captain of the American skip Ge-
nital Buller, to a Mercantile Hems in Gfavgim, dated
Hammett, 4th Metier, 307.
" it is with extreme regret that I have to inform
you. that I was captured on the 9d of September,
by a Spanish schooner, about sixty or seventy miles
to the northward of this place; who, after taking
myself and the whole crew from the ship (the mate,
cools; and steward excepted) put font hands and a
prise-master on board. and intended to bring her in
here ; they, however, missed the port, and vreiost
sight of the ship, and went in with the schooner to
the port of Cavanas, about illy or sixty ftaidea SO the
Westward, from which place I travelled by land
here, where I arrived on the 12th instant; since
which I have been employed is taking my protests,
and instituting a suit against the captors who I am
well informed, is quite able to pay all damages; for
it is looked upon to be a very anjustiAable capture.
by many persons here, among whom are some of
the heads of the department. 'They give no other
reason for my capture, than coming trom a British
port. that is, they took me under Bonaparte decree;
but the Government here has not received any order
to ea uider that decree.
Wt a- may be the issue of this of air is impossi-
ble to conjeaure at present; the ship has not been
heard of since tie capture, and it is entirely uncer-
tain veaere she may be. lam Melina to think she
has been mutes by the mate, and carried to New-
Or'eans. I the more readily think so, became MS II
have heard, from Canspeachy sad Vera Cruz, by i
vessel that sailed from thence, thirteen days alter
our capture, and the ship had not been beard of : on
the other hand, should the British hare re-taken
her. we should have beard of it before this time, es
the cruisers an bearding every American vessel
that comes in, which happens daily."
Emma et a Letter received by the Maid of the Min, hes
Nawfoundialid, arrived at Yon-Glarsow, bib instant.
" Bay of Balta. Newfoundland, 4th Nov. lOW.
w Since writing you this day, a boat has put
io hers from Ferryland. with the survivors from the
wreck of the unfortunate 0* Bawdier, of Leith,
whits was totally lost near Cape Broyle. on the
night of the 29th ult. The following is a list of the
persons saved; Adam Dsdale. second mate ;
Daniel M'Key, seaman; William Cashlin, John
Morten,. and John Fallick. apprentices; James
Campbell, James M•Kay, and Jean Gunn, passer.
gers. It would appear, that one hundred and
Witty-eight passengers were drowned. I am, he.
(Signed) A. M."
yam

The Sprios, of Whitby, is retaken, and carried
;lair" Yarmouth.
A' letter from Corwea, dated November 16,
says. G. Owius to she deep snow that has fallen
within these ten days past. pot a carriage of any
descryti,in has been abie to penetrate frt•ra Holy-
sturat—within a tew miles of this. is

""PRIP.

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