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

211JVAL INIELLIQEXCE.

POPWIOUTIII, DEC. 10.
Tt was intended that the V War:, .hould sail to-
morrow mcrning for Chatham ; hut a telegraph
order, this morning, desired, that she would get
under weigh immediately, as it was a fair wind ;
she accordi gly sailed this afternoon, with the
corps* of the revered Nelson nn beard.
The Prsnre or Miles will be taken into dock to.
mortow. 'I he ittrioatur was taken in yesterday.
Arrived the Aur4,uvas,ol 74 guns, from the Chan-
we fleet.

PI.VMOUTII, DEC. 9.
Artive4, yesterday. His Maj,.sty's ship Muff.?
Castle. of fif,‘ gons. Capt. Boyles. from the Channel
Fleet ; also the ,Viir lugger, Lieutenant Sy-.ms.
His ?4lajesty's Chip kepnhe, Hon. Capt. Legge,
yvnnt oat of iiatmsze yesterday, into Cawsand uy.
The Covfurror, CoarAgeur, Stc. will be soon ready
to follow, for every possible exertion is used wait
the ships ready.

_.rxit•st,
Sail.ll, last evening, the .4114/4riefo, of 74 gnu,
for -Pim ttoh ; and this morning arrived from
C.:tise, the Agypai,nris frigate, and Sllll4/161111 brig._
Wind W.
DEAL NOV. H).
Sailed this mn-nina. from the Downs,; His Ma-
lesey's ships Leopnrd, Faeroes. and Friel, with a large'
*et of transports, having on board he Bth, or
K ;TA's ; 3d, of Buffs ; 7th and 9th Rryal Fuziloers;
4391, 30th, 36th, and 88th Regiments, &c.
forming the second expedition, under convoy, for
the Weser. Remain in the Downs, the rest of the
ships, as per last.
At Plymouth, the brave heroes of Trafakyar are
very numerous on shore; they never were so happy
with their allowance ofliberty as at present. Every
eight the theatre is croweed ; a play is bespukc by
else (Asters of the revel:live ships in rotation, and
from one to two hundred men have leave given to
go on shore at a time. It is no new thing ro see
a stiller jump over the he.sds of the musicians, on the
stage, to gratify his mess-mates, by dancing a horn-
"Pe.
The wife of the Captain of the foretop of the
.414:./e French ship, which blew op after the glori.
Dos aft:on of Trefalgar, mate her escape out of the
gon.roarn port, while the chip was on fire, upon
the rudder chains, where she sat till some boiling
had falling, from the stern noon her, obliged
het to pull her, clothes off, and swim to a
boat belonging to the Piekie schooner, which
WAS going to her relief. She providentially reach-
ed the boat, and our brave tars were not at all
.pleased with the Ysreionsf, as they called her.
She was afterwards pet on board the After:bee,
Mooasois, with 50 Frenchmen, who were also
saved from the wreck, and sent to Algesiras, on the
arrival of the Resie,r at Gibraltar.
A mars, who call, himself 41.f.ek Ketrafalt, was
lately
.apreherided at Wymondham, Sallolk. on
stiapici.tr.r.f being one of the persons concerned in
the daring iattrage ON the persons of the bliss
621,5 t at, at Fakesii.am, on t...e Stir l Oa:Am Lest.

111111

•111, DEC. 9.

~

•
LAW INTELLIGENCE.
COURT OF CHANCERY, -ta; somemav„ Dee. f t.
WILILTRICe r.
Our readers will recoiled, that the. Plaintiff is
assirenee of Messrs. Witlincks, of Amsterdam, who
lent the sum of 14,0001. to Turnbull and Forbes,
'upon a mortgage which they Lad on certain estates
belonging to the Defendants, in the islarals of lh:-
merara, Berbice, and Essiquibo. Tuinbull and
Forbes si"ce became bankrupts, and Messes. Wil-
find's, of Amsterdam, made an assignment of their
mart+gage-deed to the Plaintiff, who applied to the
Conrt for the appointment of a receiver and con-
signee of the produce of the estates in question, for
the repayment of the sum advanced upon the mort-
gage Having given a statement of the case on a
former OCCASiND, it becomes unnecessary to repeat
any of the particulars at present.
The LORD CIAA•CELLOR, in adverting to this
case, promised, that in the opinion he meant to give
upon the point now berme him, he should give it
without prejudice to gay application the Plaintiff
migla hereafter make for the appointment of a con-
signee, or to his filing a bill to restrain the assign-
ments from being diverted to other purposes than
the paymen: of these just debts in +he mort-
gage made by Messrs. Ileminck. with Turn'oeli acid
Forbes, the former were to remain in the possession
and management of the estates, and were to secure
to the mortgagees a title to the consignments. The
Deflaniants, In their answer, did not deity that the
consignments were now applied to purposes distirol
from the payment of this !hitch debt ; best, -con the
other hand, they did not admit that they had due
notice of the terms of the agreement between
Messrs. Turnbull and Forbes, and Messrs. IVilliiack ;
and, therefore, the Court did nut know from the
record, that they had not a jest right first to dis•
charge any ohlit ations which they might have ei.•
terei into during the time that inter vened betweea
thoie tie rtgaga to Turdnill and Forbes, and the
transact or. Mt.-Peen the latter and these Dutch mer-
chants. Un.ier such circarnstances, the equity of
that C int could net allow if its appoint i+ig a con-
signee for the purposes required. The nature of the
ease was orly to be eolleCled from three to- g deed..
cam aining a variety of clauses ar.d stipulations.
-wiarch only a very email part appe.. ed upon !tie ro•
torsi. What he, thererer:a recounnended, was, for
,mead +iis WI, which i. was n ,w
rl,l+• competent for airs to do, and set lor' th.
w dote of the raw upon which the Court was ex,nai-
ed finally to Jet:id,.
A strut Relmber of motions were made, in tla
course of the elay, whien had no interest wnateve ,
except to the parties concerned. in Oft.• tx e,
an application was made to extend the titan for the
payment of :11,0001. stock, ordered to be pa:d ii.t••
Coon, to the interval between this and the seat seal
(which wiir be in the course of a very few clays). n
WAS objeCle that, as the payment was to be made in
a certain funded stock, in the prevat circumstances
of she times, the least delay may be ploduCtive of e
considerable diminution in the amount.
The Loll) Cti 4OCILLUIR said, that they did not
come there as politicians, nor could he sit in that
Court in the capacity of t stria-jolter. Were such
a praaCce to prevail, there would be no end to cal.
culations of his kind, ands/the Court were to admit
its introduCtion, it might as well shut up shop.
What he should direst% was all that he could do,
namely, .hat the money should be paid into Court
before the next seal, with interest of 41. per cent.
from the time when it was ordered to he paid, and
that the party applying for this indulgence, shoutd
pay the costs attending it.

COURT OF KWIC'S SEWN!, Gtr , Dee. 11.
Sitting, at Nisi Prier, hcfire Lerd FAA. ammo amnia .
ASSAULT AND BATTERY.
DAVIS r. LEVI.
In this anion the Plaintiff was a Barber. residing
in Old Gravel-latv, Ratcliff Highway, and the
D fondant a neighbour, keeping an old iron shop.
On the 15th of August tact, some drunken sailors
were passing by the Plaintiff's shop, and by acci-
dent broke his window. The Plaintiff ran out to
detain the offender, and called in tae assistance
of Mr. Drake, the head-borough of the parish ;
when, at the same moment, the Defendant came
. up, saying, " D—rnn him, does he want to mate
you pay tor it, 111 sheer you how to pay him," in-
! stant.y striking the Plaintiff a violent blow oil the
head. spitting in his face, pulling him II the nose,
and otherwise grossly abusing him. fhe•sailor.
in the mean time, was seized, and his messrnate
paid the price of thei broken glass.
The. Defendant endtivotired to sbew, that
the Plaintiff had strove, in the Ara instance,
to compel the sailor to pay twice the take
of the glans; ant it 'at the Plaintiff' had se
rig'it to detain the sai ;main, bat ere him for
the price of the glass hi the Colin of Conscience.
The sailors gave evident 4, on the p.,rt of the De-
fendant, but ado:lived they were so groggy at the
time, they could hot recolleft the particulars of the
transadion ; one of them had a dolt in his hand.
and, in throwing it at his shipmate, he struck the
window.
After an able reply from Mr. (I
Lend &An:anew:on averred to the Jury, that
the Defindant's interferon's was not justified in any
one cirtnlnstanedi. froril the evidence,
thathe :ph in the Pk: ..iff's face. and his Lordship
considered that there was more Li atality in that sort
of insult, than almost any t.rher !le Could well con-
ceive.; hoverer! the .lure would not give exorbi-
tant damages; but, if t!.ty beTeved the evidence.
*mild `make such repararam to the Plaintiff, as they
should. under all the circumstances, consider him
entitled to.
Verdid for the Plaintiff--201. datnages.
TOVNG O. ALII•74DIA eettott dad Amoildtd
This was an action for weak and lalwitsr. The
Plaintiff was a shipwright, and the Defendants lead
been formerly owners tit the 5!..? R -bare t the
aftion was brought against them 1.- r,cf•vers- of the
repairs done in the Plaintiff's docks, to the ki4
in December. 1804, 'The question was, whe,ber
the Defendants or the pre,eut owner were liable to
pay for these repairs ?
Oa the part of the Plaintiff it appeared. that rt-e
veseel in question had been twice repaired
Docks previous to Ilse time is eenttroversy, for w vcit

111

the'DefendanU always paid, and as he had an inti-
mation of a change of owners, between the dine of
the' former repairs taking place, and the December,
1801, at which tin* the ship Underwent the repairs
before-mentiont4o4lllltaert_ s contended, that, mat
mach as the Deirradattisd not given to the Plaiat-
if due notice of this change, he was entitled to re-
cover the amount of the repairs against them.
Mr tie A R r, in addressing the Ivry, on behalf
of the Defendants, observed, that this was a most
important arse, as it concerned the whole shipping
interest of the kingdom, and was to deter mine, whe-
ther ownerr, of ships, after they had regularly as-
snored and transferred all their interest in a vesiiel,
were afterwardsato he made liable for every little
ezpence which might be incurred in the repairs of
such vessel ?
He then called Mr. Thomas Bran Jen. the present
owner of the ship, who stated, that he had pur-
chased her some time previous to making the re
pairs its dispute, from the Defendants. IVhen she
went into Dock, he desired Capt. Chatton (who hal
commanded her, previous to the sale to him, and
slum he continued), to say, that the owners were
changed. Ile called upon the Plaintiff afterwards,
before the bringing of this action, in order to make
a settlement with him, but could not see him. Some
having arisen as to the existence of the
bill of sale, and assignment to the witness ; he an-
steered, that be had gone a vayage from Liverpool
to Gibraltar, in an Americas ship, and, on his re-
;urn, having an Impetial passport, they were met
and challenged by two Spaniatds; and, apprehensive
of a detention, he threw all his papers, which costa
lead to a discovery of his country, over board, and,
among the rest, the bill of sale and assignment.
From the authenticated copy product d, it appear-
ed that the bill of sale, assignment, and endorse-
ment on the registry, were perfeelly regular, ac-
t:fading to Lord Liverpooni ACI; but the registry
dr tiovo, at the Custom House in Loudon, did not
take place until the Wtober following these repairs.
A verdia, therefore, of 681. 10d. was taken for
the Plaintifl; subject to the question of law, whether
the Plaintiff, under these circumstances, could be
made liable ?