The British Press; or, Morning Literary Advertiser.
London, England, 1805-12-13 00:00:00

Cll.l R! 110 USE bCIIOOL.

Yesterday being the anni y, or oration day
of this schoo!, the usual annual ceremonies were
ni.served. accordi:ig to the ch irter At rwo o'clot k
divine service seas rrforvitti in the Charter House
Chap►l, and a very excellent sermon preadrell
the Rev. Dr Law. brother to Lord F.ltenborough,
at which were present the Arehkishop ot Canter-
bury, Lord Ellenhorough, Mr Justice Le Blanc.
Mr Baton Sutton, and a gre rt nnmlser of the No-
bility and Gentry, Governors of this very ancient es-
tablishment.
Atter which, they repaired to the Great flail,
which was fitted op for the purpose, With 3 rostrum
in the centre, fur the orator of the day ; and benches
ere led, at eith. r side, for the accommodation of
the poor Brothers, the Scholars, anJ the junior Go-
vernors and Stewards ; and, at the head -of the
Ball, sae the Archbishop of Canterbury, as senior
Governor, the Head-master of she School, Lord
Ellenborough. the Resident Chaplain, Master, Stc.
--Master Crowe, the head boy, or Captain of the
School, delivered an appropriate Oration in Latin,
which received th- greatest applause ; after which,
the several Governors gave the usual donation to the
orator, and they, as well as the scholars, partook of
SIIMpt unus entertainments prepared for the occasion.
For several year; there has not been known so full
en attendance of the Governors and other ahem

• f— DREADFUL FIRM
: Leettettitt, hetwee doe hours of eight and nine
o'clock; -at aterniires fire kwoke not in the
Printing-offices and Warehouses belonging to
Mr. Ginet, a most respeSaide • printer, in tialis.
bury-s(ll)are, Fleetikstieet ; the' tack pArt of the
premises were situated in Hanging Swotd-alley,
thickly serrounded by a great numbei of smell
houses, and joined by a sort of wooden bridge
to the dwelling-goose. Ia a short time after
the fire was discotered, the town was tremendously
illuminated to an immense distance all round : the
blaze :rfleaed upon the Temple buildings, the
steep!: of St. Bride's Chlitch and seeffolding,
Bleckfrier's-bridge, the works at the other side nt
the River, as strong and red as the weeng son in
the middle of summer. The sparks flew in showers
of the most alarming appearance, and were carried
across the River, even into 131.4friar's.road, by a
hriik north-west wind. All the lighter materials
of the btisiness were seen fl ,itine in the air ; frag-
ments of brinks, paper, &c. &c. were carried off by
the strength of the fire to an amazing height, and
threatenedthe neighbourhood will the most Alarming
crinsequences ; in less than half an hour all the up.
per parts of the Prinrine Offices were consume], and
the roof fellen in. From the went ore supply of eer,
and the fl Imes gathering strenetli every instant, a
general c intlegration of the. neighbourhood appear-
ed olio ineviteele, and the nonwhites bsicg chiefly
composed of timber, inereeeed the alarm to eetight-
ful degree ; the inhehitante were seen flying an the
greatest consternation and terror, in every diresnien,
carrying with them whatever little naticln of furni-
ture first came to hand. The confusion, in so
thickly an inhabited put sf the to.vn was indeserifs-
able. Furniture, of various elesctiptions, w.ts hwae-
ed up against the shops and houses in Fleet-street,
and every one seemed to prepare for the deal ritaion
of thatquarter. Fertunetely,howev- r.•bout the some
time that the wind abated a little, a plentifil ,upply
of w tier was procured, but not until the flaeles had
communicated, by the wooden bti,!ge, to the dwell-
, ',web-use, arid, at the some instant, were seen to burst
thrwigh every window in the house, from the t to
lithe bottom. In less than an hour and a half the
, whole inside of the premises were consumed to the
loundatian, leeying only the hare walls eee a few
Tilers. Finding it impossible to save Mr Giles
property, the firemen's attention was direfled to the
pre,ervetian of the adjoining houses,' ant by play-
, irg on them, from sit or seven engiees, in all
directions, with a plentiful supply of water,
they nearly accomplished their purpose; hut not
before the Vaccine Inoculation Hetoe, which
jninel Mr. Cell. es, and some others, were mach
injured. Some time after ten o'clock, the fire was
very mu. h reduced ; and, before eleven, all appre-
hensions of futtlier ianger were dissipated. 'she
grew eejority tif tl e fire r'atio's ft rim all quarters
. the tewn, were celleeted weh the create t ima-
gined- expeditien. The drum heat th alms, end
a large bedy of the SJ. 4th, and 3th Regiments ri
London Volunteers, the Temple Ceres. and se-
veral others, were mustered in a few moments
under their resreftiva officers. By timely
exertions, the firemen were enabled to afl with
erre& and the unhaepe inhabitants, who had
moved their furniture into the street, were pro-
tefted from plunder. We have not been Able to as-
certain from what cause this dreadful eccideet
orivinated, but are informed, that it arose from some
speaks of tire coming down the chimney, and corn.
municating with some paper in the warehouse.
Neither have we learned what geentity of pro-
perty has beet destroyed ; butt, from the im-
mense business of Mr. Gillet, and the tie:entity
of paper, types, prietieer, presses. &c. which he
mist necessarily use, we conclude, the loss must
be immense ; exclusive of the house, huiLlings, and
furniture, which were of considerable value.—
The warehouses and printing-offices were originaily
ereaed by the late Mr. William Wnodfall, the
printer of the femoits Jamios's Letlers ; and what is
most singular, his brother, Mr. H S. Woodall,
who had an interest in the premises with him, died
but yesterday morning. The dwelling-house also
WAS formerly the residence of Mr. Richardson. the
celebrated author of Clarissa Marlowe. Sir Charles
Gramliven. and Pamela, where this excellent writer
composed many of his winks.
'['he premises, we ate informed, were insured,
but to what amount we cannot say. We are happy
to add, no lives were lost. The public, and ',Artie
ode, ly the flonksellers of London, will symeethise
with the immediate sufferer from this calamity.—
Mr. Gill. t. by his industry and ability, had raised
himself to the first situation in the trade.
Yester rime on the Flee:lion for Writing
Master to the Asylum, when the numbers were,
for—
Mr. Reynolds
Mr IS ,shby
Mr. Allen
fl,enurn
Mr. Dempster
Mr. Ra visor. os was, therefore, duly eleded.
PRIV/SLY Socteries.—To show how numerous
these Societies are, an less than 957 have been en-
tolled at the Qrarter Sessions in the county of Lan-
caster, pursuant to the aSs of 33d Geo. Sd. cap. 54.
and 33th Geo. Sd. cap. S.
The area of the West Riding of Yorkshire, is
033 square statute miles, equal to 1,635,129 sta-
tute acres; the number of inhabitants on each squire
mile is 213 person!; total of persons is 563.426.
The area of England and Wales, according to the
latest antkorities, appears to he 58,355 square sta-
tute miles, equal to 31,343.400 statute acres; the
inhabitants on each square mile average 152 per-
sons.—Total fefititi,2no prisons.
Lord C settee Re, who' has recently been ap-
pointed to the command of the British troops upon
the Continent, WAS placed in a similar situation in
an early period of the last war On the return of
the Doke of YoeK to England. the chief command
of the British force devolved upon Lord Ca Ti /set,
who evinced greed military talents, as well as the
most unshaken perseverance, in conJuning the re-
treat of his army during the hard and dressy winter
of 1794-5 (after the subjugation of Holland by" the
French armies, under the ill-fated Plot (sae ), from
Emerick, upon the Waal, or North branch nt the
Rhine. through the extensive provinces of Gueldees
and Overyssel, to Embden, where they were finally
embarked for Great Britain.

•Lit 1I nrrgl,trcifiraz.

'

CaURt 1317 Clitstis., ~ reetreAr rsee 11. •
• tf
. The Loam Cli•gter Ltd' informed the flfdre, that '
he should give judgment in the case of White and
Williams, on nonday next.
THE aIsIGHIEs Of WHLEtEY v. rtITTO.
It appeared, th it, after a Commo %ion of bane-
rup:cy had been taken met against the Defendant(
he was allowed by the Assignees to keep possession
of the house and premises on which he rctieed„ but,
on an application t . that Cour, by the wher ef..e.
(Noir., a me:tsc,:ger w s appointed, rri their part, to.
ratio joint posseisinu will him. A goestien since .-
aro.o, whet'ter the Deferohnt could have heen, in
law, male liable to bankruptcy? and whether
his commission was not supersedahle ? 110 pre...reit
an?licatinn was to' compel the premises to he g vett
up to the A.,igitecs till that question Ototild b- de-
termined, and the expellees of the application should
be pail out ol the property of the bankrupt.
The Lo an IC ta A riCti.toll SAidi it itted often strode
him with surpri.-, that people were so rea iy to en-
derake the office uf assignees, considering all the
risk and trouble th-rt belong, .1 t ; it. It was not.
indeed, very ofen that persons Of the deseritrion of
the Defendant, who was &scribed as a yomitlarefin
of format., disputed the vaddity of his e'mvoission ;
because, In nine cases nut of ten, sock e miints,i,sel
were fraudulent or collusive ; hat, when they were
superseded; the assignees &ten foinel tbensselmi ict
a situation of great embarrassment, for COW." of
Jo•tice would not allow thin garners to the as-
.igrees of a man lel-1,114J ea right to IJe a harticr!pt.
Ha knew of one case ocedriung in the C. an cf
Common Pleas, where all the assignees got bee • •
their trouble, care. aad management or the property, 1..
was a loss of 413001. In t'..• present ease, what v :9'
alleged against Mr. Wht-eirty, besides Th. otsvrois-:
~,joi of an aft of baokroptcy„ w.s, that Is; traded in
brilc., which he had mad. on his estate. How far .
that moo ; good, was a qaestim feels a special Jury is .
tilt! C turt of Common PI .1 . ; but, until it was so
decide.) that Wheeley was liable to the AA ::,opt
I iws, he et.uld not •lireet a•tv expences to b? pX4.I
nut of his estate. Wllat he should puler, under all
the circamst.lnces. was, that the messenger -f the
Court should eet.ilri j:vitit !SAW Seine with him ; Milo
that he .Isould be restraiHe.l making awn..- .w.ll any
of the property in the mean time. fie wished it also
to he understood, that the parties were to I.ly before
him a special verdift on the schie& of the bank-
ruptcy. no the first seal after the nest term.

Mr., Kowit.i.v, on the part of the Defendant.
submitted, whether he might not be allowed to r-taut
s pusessi,n, intern-diale,y, on giving sufficieax
security for the propel ty is his c!,arg ?
The Lacs CNA Set:LION cols•fn,el to Mrs having
Bile possession, on condition that the messenger
shoold also have possess.oa jointly, u lil security
&timid be given to the Master's 11,111$fiaal411.
RAPR ALL 9 113CHT.
This was ex' eptio.i taken by the A restate.
GCNETt at. to the Master's report, in having c.,arg.
ed the Defendant, who was an eitecutoroa itn own.
you interest (o the money which came into Isis
:,ants by the will ,:f the testator, and also interest
upon each several so n of money, from the moment
of 11,s receiving it. The exception also went to the
M aster's making half-yearly rest-ipts in his ern:tout*.
eaoa ; adding, in such rece4its, the
Interest to the capital, laud charging composuj
tere,t upon the whole; and with refusitig to mak,'
any d d...otion for interest upon the sums advanced ,
occ;:sionaliv by the Defendant, for the maintenance
of the Plaintiff's children.

Mr. Ru%lr.s.Y oppos-d the eiteeation, on the
boround that the Vaster ailed in miff ~bedience to
'hr order made in the case by th•• late Lord llotslttns
which prescribed his line of conduCt, and left him no
discretion. The mums which induced Lord Rost,
lyit to make that order, were nor 7-0.6 before the
Court. The order to him was pro feeFlly inselligilrle
and obvious ; but, if the Learned Gentlemen
ed to him should maintain it to Ise otherwise, their
remedy would be by a rehearing of the whale cause,
and not by any exzeptions to the teport of the
Master.
The ATTORNEY-GENTR AL contended, in reply,
that in this, as in all other cases, where receipts
were ordered to be made, the sums recerv, d during
the preceding half year should be added, with the
interest, to the principal sum. and form a balance,
on the whole of which interest should be pad in the
half ye a ensuing. H. re, on the contrary, the
Master threw the interest backward, and charged it
from the moment when the sums were received, and,
consequ traly, before the executor could make any
interest on them. In respect to the sums which the
Defendant was to par for maint•arance of the chil-
dren, nothing could be more unjust than to charge
him with interest on them ; for. as it must be un-
certain on what day or month a tailor's or a school-
master's bill might be brought in, it was necessary
that he should always keep himself in cash to de-
fray them. He also stated, that the Defendant had
lent to the Plaintiff money upon two bonds of 5001.
each, at an interest of 4 per cent. out of the test::-
toes property. The Plaintiffs had never paid a
of that 41. per cent. interest, and he asked
whether any thing could be en ere glaringly unjust,
than for the Master to charge the executor 51. per
cent. hoe est on money, for which he did not receive
even the 41. per cent. which he stipulated
Tnc Lotto CIIANCTLIOR considered the order
made by Lord ltosslyn to he much out of the usual
prafitce of the Court, for it sobjeeted the executor
to interest from the moment of the testator's death,
Instead of tang a particular time at which he
should become chargeable, after having the money
in his hands. The rule. however, haeieg been
made, he found himself bound by it, and had not
the power of making any alteration. Having com-
qatrced en a variety of the topics and observations
intscduced by the Counsel ou both sides, he ob-
served, that the money in question, amounting to
90,0001. came into the hands of the ear-vain by
virtue of the will et the testator, in mist f”r his
children, and to be employed in the ma; tier he
himself prescribed. He bequeathed to Or • ex• ea-
tor a legacy of 4001 for the trouble he should he
put to in the discharge of the trust which the latter
of course paid to himself, withaut any dedudtion for
interest. This will specificaily p•hvidest. that no
part of this money should at est tine he ter noel is
the hands of the extent-Jr, but &fettled that it sluiel4

I. :

V:7 9.

i

be land by. tinting the minority of hie children, to
acc nudist, upon compound tiocrest• These in-
junfttons the executor was bound to obey, in ord..,
to fulfil the intentions of the muter. Had Mt.
Thiehm macs, in conformity to the will, and employ-
ed this motley at interest in the funds, or in any
other st ire way, even if the result of the accumu
lation tin led out less than it might otherwise do, the
equity of that Court, allowing tor the honesty of his
intentions, would have deah snore tenderly with him.
When he used the word honestly, he did not wish
to be undet stood as casting any personal imputation
on Mr. Boehm ; whom. be believed, to have eon-
skiered himself to be aifliag for the best ; hilt, afier
having been restrained by the will front any employ-
ment of the money him.elt, if he thought 'eloper to
overlook that past of the trust, he could not corn.
plaits of h irdship, if he now found himself placed at
greater disadvantage than he hail at first reason to
'sped. It was not sufficient for him to say, that he
eras now willing to be chareeil with all the accumu-
lation of interest which this money would have
made, it he had placed it in the 3 per cents. in the
same manner as that Court would have disposed of
it ; for it would be too much, after the direaions
contain td in this will, to allow an executor to have
the enployment of the money himself, and if lie
found, at the conclusion of the trust, that he would
have broil in a better condition had he complied
with the testator's &maim, to have, at his town
option, what situation he would take. His Lordship
put the subjea in various points of view, to demon-
strate the equity of tie decision he was about
to rw?re ; and concluded with saying, that, under all
the citcumstances, and in compliance with the or-
der made by la: Court, the Mast, r was right t-
charge corapon.l interest, in the smoi,er he had
done. With regard to she iiitetest for sums as-
vetnced for ma.ntynance, or upon bond to the Plasm-
His, that was certainly a fit matter for at; angerntat
hoetwetn thfs parties, or of be my &dins ..1.1 out of
that Coon s hut formed uo part of the question he
had to Jett.!: upon.
The Ir:captious were therefore over-:uled.

Wet e.lols V. CUOKF.

"Chi, ins a hl:t1 by the to compel
Cie D,friNiant to PI e h iii rmaut of A Siwesfic
agreement in the ialeld hi'use. and e.t.a*,
at kiainpstesel, anti to the Plaintiff t dedndtn.ri
out of the pmt chase money, f.it a certain detect for
title. As we gar-e a sunic:ent account of the eir-
cunistaw, 4 of this t.i 4, w!icli It was argued on a
former d.+^. we shall now content oniselves with
stating, tier. Mr.Ronict.y was heard tor the Plair.t-
iff, in it ply ; and that the Loan COI A ACIL LOR de-
ferred giving judgment upon it, until Monday next.

CuUaT OF KING'S BEM 11, Gt..m. usu., Die. it.
ierimits at .nisi Priri, befre Lord ELLENBOROLMII.
ICEINITZ r. iLItRV aal ANZITHLIt,
rhic was an a.trion t.d recover the price of fifty
quarttrs of wheat.
It appeared, that the Plaintiff, who resided
abrrad, had consigned a quantity of wheat to
Messrs. Cos and Cer. in London, who sold :to
quarters of it to the Defendaiits, per sample ; a
4.•ltding, to the rules of the Coin-Markt., it was ne
ccssary that the purchaser should intimate to the
Calor, whether his intention were to fulfil his agri,..
silent (or taking the corn or nut, by that day week.
In this CAW, however, it did not appear in evidence,
that sirifiticnt notice was ;tire,. to the Candi' of the
rejeetion of the contra&t. On the part of tie Defend
setts, it was cooteoded, that the sam:he of the article
was notch superior to the articledtsttlf, and that they
Face sufficient notice of the rejett ion t,f it.
Uprn this, two points of law arose ; first, whe-
ther there was sufficient notice of the rejeßian of
the original bargain; and, secondly, whether the
sample was to be conddereri a part of the bulk.
Lord Ecccsaom ocnn said, he should sum these
points; bow, siilijea in the first instance, to the de-
cision of the Jury, as to r hether or not the balk were
agreeable to the sample?
The Jury, after a short consultation, found that
the bulk was not agreeable to the sample. A vet-
e', was aecoichtigl) entered for the Defendants.
A fcw other cases, of no public moment or no-
toriety, were disposed of.
At one o'clock, Lord EL LES snaoccir retired, iu
ender to visit Ore Chaster House School, the au.. -
verstary of wh7-11 was culebraterl sh, day. Mi.
Justrct• wee.r.r.r kov4ided skiing the Itniatrikier
of 6,0 e.. 7.

COMMON MI- NS, CrtittnAtt.

<al A15..1 t,1,11 SIT J ANIS MatnrttLD.
5f.1.114 W.
This was :a 4Elion brought FT the Plaiinif, who
1 was a wants"' on board a merchantman, agsmst the
Defendant. who was Laptain anti Owner el the vei-
sel, to recover the .s mount of wages due to Lim, by
agteerriest.
On the part of the. Plaintiff. two witnesses, brother
seamen on board the same vent!, were produced.—
rom their evidence it appeared, that they had
been hired in the wont:'. rf March last, at live gui.
re.as a months to work the ship, w'sich was chartered
proseed Cram London toToneingcn,from thencetn
d • rta:n °the) place., and back again to any unload-
ing pent in England. 'lle ship, accordingly sailed,
and having Alt eyed at Tonningen, landed her cargo,
i cook in ballast for Riga, where she arrived in
Nl-, , and loaded a cargo of wheat for London. On
the t'lith of August, being off Hull, she struck
against a rock, and the ( aptaio, who was in his
cabin. without making any effort to save the ship,
imtantly changed his clothes, put his property into
a boat, and abandoned her, leaving the seamen to
do the best they could with her. After remaining
on board for twelve or fourteen hours, they were,
at length, obliged to take to the boat, and she uuk
its a short time afterwards. They worked the three
succeeding days on the wreck, and saved alsrutatiall
the sails and rigging ; and the Captain, in tome-
qttence, promised to pa., them all their wages, sad
to give each them a guinea a day for every dar
they worked on the wreck ; however, when ttey
came to London, and demanded their money, he
tefased to pay them any more than their wages to
Tonningen, as the ship had Lot performed her
voyage brine, the balance, by his calculation, due
to the Plaintiff. was SI. Is. Sd.
rwijeaut Sourness:l, on we pan of the Defend-
an . in a speech of great ingenuity, arracd, that it
JitlNlVAtila ill the marine law of mari:iene
• .

E•tiope. not to pay sailers' wagea for a voyage
.vhere freight was rt• t. carried; and it was con-
; inuaily decided, that promises made by captains, in
.he hour of peril, were :cull and void. The learned
Serjeant then argued ;hat it was pettedly impossible
for the captain to mak• mire exertions to save the
ship than he ha 1 made. as it was xt the rinse a
dead calm. and th« tide direly against them. If
any of the Gentlemen knew what it was to be in a
calm, and the ;ide agains; them, be would readily
acknowledge the truth of what be stated ; for his
own part, he was lately in that situation, and if the
wind had not freshened a little, the ship would have
been drifted v.i y quietly into the port of Dunkirk.
He concluded by saving, that he would call wit-
nesses to prove that the Defendant had offered to
Fay 51. Is. 3d. and that it was refused.
Two witnesses were then called, who deposed,
that the Defendant had tendered the sum already
rated, to All the men, and that they had all lett the
room without makiiig any answer.
Sir .la sass MA ssrILLD summed up the evidence,
and the Jury, after insp-&ing the accounts, found
verdiel for the Plaintiff, damages 17! 15s. ticl.
alloiring in this, six guineas to the Plaintiff for
scot king on the wreck, and warehousing the goods
cared.
The other seamen on board the ship have also
brott.tht anions fin their wages, which are now de-
pending.