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

LONDON,
SATURDAY. DEcausta 7.

A report prevailed yesterday, but without receiv-
ing credit in any well.informed circle, that BON A•
had been taken prisoner at Vienna, with
23,000 men. It •riginated, we believe, in the fol-
lowing circumstance. The Rev. W. W•rsnw,
Re.tor of Hackney, received a letter. dated Wan-
stead House, purporting to be from the Prince Dc
t.: )24 DC, and stating, that His Royal Highness had
received intelligence to the above etre& After Di-
vine Service, Mr. WATSON read the letter aloud to
the congregation, the number of which was increased
by the presence of the Volunteer Corps. The news
soon sprrad through the neighbourhood, and so
strongly was it believed, three butts of porter were
given away to the populate at Hackney. The letter
was, however, a hoas, probably suggested by a
similar one played some time ago upon Mr. ER-
E, in the Court of King's Bench, when a paper
was hauled to him, announcing, that Lord NEL-
soli had overtaken the Combined Fleet, on their re-
turn from the West ladies.

Yesterday, the safe arrival of the extra ships, Tot-
tenham, Captain DALRYMPLE, and Lord Eldon,
Captain Sway a, frs 11% Bencoolen, was announced at
the East India House ; they arrived off Portsmouth
on Thursday. under convoy of His MAJLSTY'S
gun•brig Utzent, having sailed from St. Helena

the 2d October.
The Worretitri• Captain SEARLIS Woon, and
Sirlmo Caide, Captain NORM •11D, also the tit/ye,
Danish Indiaman, were left at St. Helena.

The Bridgewater had not arrived at St. Helena,
the 4th of Oetober, the day on which a Dane s tiled
from thence.

The Branwordek, Captain GRANT. WAS captured
off Point de Calle, the 11th of July, by Admiral
LINOS, in the Marengo, accompanied by the Belle
Peale frigate, and was afterwards lost in False
Bay. The Brsourici sailed from Bombay, the Ist
of July.

The Marengo and Belle Posit anchored at the
Cape the I3th of September, where Capt. GRANT
and his Officers, on their parole, landed; on the
list they embarked ott board the Danetreog, a
Danish East-Indiaman, for St. Helena, accom-
panied by Mr. Pea's, Purser, and Messrs. ISIOOOt
and HALIVRAO, Michthipsnen ; the Dane, with Capt.
GRANT. &c. sailed from that Island the 7th of Oc-
tober, and arrived off Dartmouth the 4th of Dec.
The crew of the Bralstwici were to be sent from the
Cape, to St. Helena, in a cartel.
The Merril° and Belle Poste, were expelled to
remain at the Cape about a month to repair. The
Cape was garrisoned by about 7,000 Dutch troops.

Capt. GRANT states, that whilst he was on board
the Mornay, in August, the French Squadron
tell in with Admiral TROWBRIDGE, with several In-
diamen under convay ; that the French bore down
to engage, were beaten off, and made their escape
Sy dint of super ior sailing.
The B,rea44, country ship, is supposed to have
been lost near Point de Galli".

The Ocean, EAst•lndiArman. is reported to be taken
by a privateer, in lat. 24, S.

The Lady Caittereagi, bound to the East In.iies.
Parted from the fleet un.ler convoy of Admiral
rROWIJIIDGN oa the 16th June. The re:tainder

e 4 the fleet wire well, bn the 7th :Teske, in let. 23,
3. long. 38, N.

The following whalers sailed from St. listem
with the Tottenhnni and Lord Delon, and Arrive.]
D.irtmouth with those ships, vis.—pehry st.
tent, and Britannia.
FASSIII4OIRS Pt* Loan Et DUN,
From Elett‘al—Copt.Lhistel ILIA, Mr It J. 11”, utd NZr
G.. utter.

From Bencoolen—Strs. Watios.
PASSLNOIRS pit TOTTENHAM.
From Ecng•l—Jemec Tod, kip

Front B:ncucden—C. Nuihw.e, Evi. Mrs. Huilowa', MA
ter C. and W. Iluitoway, and Mr T. Dalian.
Fran. St lkittla—Atra. Mackay, Mia Mackay, Mt,t,.
. and!. Mackay.
Our accounts from Gibra:tar, which are down :o
the ult. state that the gatrison was visited
en the 11th of ()Sober by a Committee of French
Physicians, who had been sent by that Governmet.t
to enquire into the nature of the late dtradtiil piisip.
knee which made such ravages in that
and other parts of the South of Europe. The Pre-
sident of this Committee was the celebrated Ws.
oast 'Tres, InspeClur General of the French Mili-
tary Hospitals in Egypt. th it virtuous Physician,
who so nobly resisted the infamous commands of
!km AP A are to poison the Sick and Wounded of fit
army at Jaffa, but which an apothecary was after-
wards found villainous enough to perpetrate.
The Report made by these Gentlemen, after hay.
ing visited the different parts of Spain, where tle '
disease had appeared. is extremely satisfaSory, as
they seemed fully convinced that the contagion a
now completely extinEl in Europe, and that there
was no probability of its breaking out again, if pros
per quarantine regulations were established to
guard against its future introduftion from Ow
West Indies. or America; from which, from
every information they had received, they were an...
aimously of opinion that the disease had bees
originally imported.
An order was expeCted, yesterday, at Portsmouth,
for the immediate landing of the remains of the
lamented Lord Nation at the Dock-yard, from
whence, it was generally supposed, they would be
carried in procession to London, as in the case of
the late Lord HuG• SIT MOM The flags of the
several ships in that harbour still remained lowered
half mast, as on the first arrival of the rani/.
It is now reported, that the body will lie in state
at the Tower, and afterwards at Westminsti r
Abbey, from which last place it will be conveyed
in grand procession, for final interment. at St. Paul's,
where the preparairons for that solemn occasion
are going on with great activity. The line by
Whitehall and the Strand afford capabilities for a
procession upon a grand scale ; whereas if the body
were to be conveyed by water to London Bridge,
and thence to St. Paul's, the course originally men-
tioned, the scene could display no dignity nor
grandeur, and the most fatal consennences might
be apprehended from the extreme pressure art
the crowd, in the narrow streets through which it
would pass. It is also said, that the funeral will
not take place until after the meeting of Paulin*
meat, almost two months hence, when both Houses
are espeeded to join in the procession.

It will be seen, under the head of Court, that
Parliament is farther prorogued to the alit of
January.

Lord CATNCAaT leaves town this morning on his
way to the Continent. We understand Major Hul-
a/tots accompanies his Lordship.
His Royal Highness the Duke of Castaatnne will
shortly set out for the Continent.
Yesterday, after the Council, the Duke of Caw-
asrnoc, Lords CASTIARLAGiI and C•rsicair, and
Mr. PITT had a consultation, with (lie Duke
YolK, at his Office. Lord C•rtICAIT re:raii.el
with his Royal Highnes till past eight o'clu,k.
Sir CNAitLes Moans*, the Judge Advitear. Ge-
neral, was prevented front making the Report of the
Court-Martial on Sir Jou,' Lailaa. to His Ma-
JiisT v, yesterday, on account of his being cnnfin• d
with bad leg. The worthy Baronet is attended by
Mr. Heavisioz.
Thusday ;miming, General the Earl of Ilas-
RINOTUN had a long conference with Lord Mt L.
GRAVE. at hisOfllce, in Downing-street, about tea
o'clock. In the evening, and not before, as et ro-
neously stated,his Lordship and suite left the Stable-
yard, St. 3ames's, for Harwich, wilc" be will im-
mediately embark, upon a mission to the Empero.
of GERMANY.
The Procidence, CHsrsrre, from 13erbice for Lou-
don, was captured on the Yid of Augu.t, in lat.
37. 30. S. long. 53. 91. W. by the Bede privateer,
from Guadaloupe.
The Pompey, Mt guns, is now in Cawsand Bay.
and is quite ready for sea, owing to the vigilance
her adtive Captain, his Officers, and ship's company.
The Formudnak, 98, Londan, 9K, and the gist
74, in HaMoitZe, ate just ready, and will h.)
in Cawsand Bay in the coarse or next week, prepar-
ed for a dart to reinfnrce the fleet off Cadiz. and
to join the gallant Vice-Admiral Sir J. T DCce-
worrTH, off that port, or any service the Wave Vic,•
Admiral Lord CoLi.tmowood may wish, off Gibral-
tar. or up the Straits. '1 he vigilant condo."
:if the present Lords of the Admiralty has, at the
different out-ports, almost created a new sleet.
to substitute for the ships disabled its the glni tou•
vilory off Trafalgar. Fifteen sail of the Lae sr,
already off Cadiz, and on their passage Jeers, insis
Portsmouth add ilynacuck.

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• 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 WI 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 Thistles 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
pelisse, 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./vita, 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 their 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, 11 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 hB 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, lay Mr. Row 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 waived his right 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 year 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 their present assignee he plaeed in a het
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•ne
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 Seers of the
Guards, relative to the Plaintiff'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 trtuntsery
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 expences attending this ace dent, 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 cialie was upset, aud 4 A

I