The British Press; or, Morning Literary Advertiser.
London, England, 1807-11-14 00:00:00

CORPOIC.47ION OF AU171.Y3114.11.

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IIIE PIERMAID AND lIER 1111117A01001t.

IT MC. Dlrwiel.
HatP&G'S* phi ! foil thy chi,

Rot thy levity, a, d Wets the gale!
Kest, where chrptal deter. soar,
Awl %be /Ulna*, iiLty ;
Skies are clear, sari WWII) btiglito
Take with woe .ist how's delight.
Furl, ah! piytiree hurl thy taii—
betas wilts Mg:tumid% tale.

as! fly, simple youth ! use the Mermaid believe,
lho :area be her song, rot Out bitty to &tellies.
JIM Nature, her magic at vitt can detorua ;
And now truer her los rock th.tcunjurea the Storra.m.
She thickens the water,--she troubles the ea—
fly, simple youth ! fur dettruatoo le there!

Let not idle taus alarm thee,
Think not I cutint hear to harm thee...
Pr)thee gaze! tychuld nu fait
how stool) combs say heir...
Marl thy eyes with yahoos braining—.

Sae nay ,rests rats wishes areatuv..
AU alone—young, frail], anti fair—.
Wt6a my sea-114,,w'r coach will shale?

credulosi puler ere too late;
Tose Au= that aUraets Elise eetrays to thy fete.
bee in the west a dark spot wow appear...!
I know the dread irgri-4 Increases my
A bete the galloping Swr Si fiend Itraguant fund u
MS boa tread, the billows, lab head itstkei the csoudi

Tarn I nrr ! you gather'd 'bode,
Ps but capon b rit to I.de.
Com., iny &Augment thou shalt M.
Lord el riche* under ora ;
Irtekb n. prul, and us.t:e% tall,
Forted by many a eotal uan—e

Cape! a Jong of "she I slag—
Came easy ! w 7 Water-IK,ng !

pa Notes: aft r I.r hostel• at the Mermaid:a cOmiliSevi—.
! wr.tched euchre, tn. Storm•fteurl et pond !
1.. late tuna. the ti•thlti—in vain spread the mils...
The rost...working chattel of the ftfinsbel wevads.
•. u ,I.gt4omobail4t3 hod dark...how the billows to tett
Oa! Jam: tun osesey ! ems ?mei is lost

Seaond aky, and air, mid fire,
Nays trent. nacho state, coiisp:re
Shrink .loud tnr.n no•thenr Wait,

Cleave in !wain the gtuattmg mast !
Lightening flash, anal rett:e ti,undcr !
Bone the stattin4 p.anks aauktler
New they thowii—ane now they die—.
New watch their anteing c.y!.

4.fy Bridegroom, all had!" cues the Mermaid, in joy!
And, idolizing through gu'rhs,elave die perishing boy !
li• Anguilla to coot, •ittt lifa's libgering Muth—
Bat the km of his Mode i• the pompom of death.
To.r ar. tied ones yank& hither Cm) go,
Teams. e.aasenialoials and gime% allay kow.

On the 4th inn. the COI poratiou of Nottirgham
bad the honour of presentmg the isteedom a 4 t',e
Torn to the Right Hnn. Henry Richard Vassal*
For, Load Holtand„ at the Guildhall.
Lord Holland attendtd the Common Hall, in the
Council ldaamaer, at twelve o'clock, when Mr.
told:ant, the 'Town CLE RS, addreseed Wm in the
tt,lloaautg tern

" Cont... roe Corporetior of Nottingham befog Now
st....nuled m Coonnstm HAP, to present te este the rreettona of
r..c. Non, and to etrtort your n•rve aceeept the member.' ot
Ve Iy, dew. me &Isar a few .writ, to their [Mom, Vigil
a“ .Kte.k.ot e. ..1•41‘ .tug to their teertitr.
Caentslon Hall stew, your Lordship's porsoo the
re;. el t.a.e of your Ism Honourable Itelativrinaw..iss, no
etor,' a il` trp eetatry, for Europe, surf, fug the
Au haat/ice! We ealere.t arold recollecting, wan tooluoloo.
mat is the eery +firth tai ti.e wittiest A./stogy of that great
toad aspttegl lattaattogualli hint I.y ouvits el oar
atul coarlort:nc.- ; ,t 1 re.o,mber stato.stie, that
lilt season of pecutt.tt difficu:ty to tt'ss C .rptsatent, we had
toe ooneur to obtain the hamar of his assondthip Sea pro-
lusion.

" Can ia then be wondered at, if, having been thus thrum-
eraori, no brawn firths the vireo( tite huir.t, to bestow the
hort,,,t mask of favour fasoloy ' Caw it excite bur-
ley*, that for vas purpose we show :d 1.•ok to )our Lonhk.p,
ur •ht,,li we recut otos 1b.,.0 aowid,.f utritts, tit:a aoleot love
rf c:11. and te:ooa• überts, ono (hot foarieet slant ad Otsinve•
Rrird I”teg.,“ Ina armed th.r eatingutabaag eantacanlAlCS
04 our deputed tstuttl

Lord FiclLL•hie mated. in inabstanato o fol.
low,:
" ti:lit:eineti•--1 roust big leave to say a few words to en-
re+, rey semosot toe unii.gation l oU have yin% confuted 111,92
inn handaisme atd &worm( manner in which Mt.
lost:lune um the honour to dn:.ver h/414seil. 1 must
a/wew se you.tliat I coosider his obligatum roiii.ts enhanced,
Won,,. it is fair own vuluntara gift, anal entir:ly unithicattni
ss my pert ; sad this al,:ins otion stamp a &cater value
Igen it wan many other Miaow* or st—iattte.llt, s incises* ge-
st.. I, atruunted of muse estianaiym if. the %unit
" tisotlernen—W :ten !wok hat to the 0, Isola! cattle of
ter 111l10eLlalbe to y. .a (for ceitao.ly I nnot flatter myself
haat any 11$.11$ al AV o*n teas desaised tits, nuns you)
soot I irr that toe CorpAraitun of N.4".."41 bats h".l
ken dotarignished fur their Witching'st to use putt and
re,mine pni cilde. ei Cyril anti isteligieue Lobeity, On-
cost an only notaries, 1 • sty Mild) le.srs 014 4.:osvotat
a-;••Craig the valua:.le ends whitit lacy *err ihigittaq
C•.:gi,cti to •ktt.t.fTej $ •:14:11 I ttC,.CI3 out inet.heleal to
by aseeased riaauve, and wh my V. send siepostte to me has
• '4lldimitely earrirsed you are incased towing:me to me: 1
watt, aver such .4 lettew, clinsider the honour yon us us.
b..,,,8 ~1 opus* me, to be one which 1 sin proud telective.
hid .he ilmec•sxm esenes us nay mind leslimos.a powerful. that
•ith Intend, I tilt declare, 1 feel • stAcialty w sepias DIY
5,,0. can n to twins sufficiently wrung.
" our be allyllcd to add, that having shared largely in
eta rt.-light:Al a...:Vdolteiges resulting limn an intitasfs acquaint'
toes •.u, that re I $lllll helms a hided I.s having nitneased
.I'.• r ti,itd.,:e at.soliatient to the a.Cl:As4llls.lhiel, of t ieenio.o,
▪ vo*seeditig i,ian as it were ire the eyes of the *arid, I
i'."014 account myself tam indeed, coot: I ever elLsert that
canoes and thaw prouciplisi tlt *Met devoud Cie
whole of bts •

A Carona l'aprr of tnc rtd of Aptil has been re-
c. TV,u at thr India /ion's.. It ana.ucaats the shad.
1,1 Julio hors Ut trio~?. Esq. (first in Council).
..:e Viet !at March, at Ponahg, At WUCh
t• Usis.Daa. WAS b 0 wry seriously 10-
"P'•otd, ab to loc inc.o.6le stessOssig his daisy.

LAW INfiLLIQEtiCE►.

COURT OF CHANCERY, Nt.v. 19.

CHVRCH C. •ARCLAV.

This was a motion too6hr the steward cf a ma.
nor to produce all the rolls and deed. of said ma-
nor. he having selused before the Examiner.
Mr. PLOWUEN, for the Plaintiff, hoped that this
motion would not he treated similar to one he had
made the other day, of a like nature, the rs•sts of
which were atm &Wed ; he hoped heshould not
be told, that it was a vexatious motion, and that
the adviser ought to pay th,..? coats.
The Loao CHANCILLOC answered, that Mr.
Plowden had mistaken him. I: was tine, however,
that he had said the motion was ill advised; but
during his own prattice at the Liar. he had ad vii,ql
many motions that had been dismissed with costs,
and he never found himself the worse for it.

Mr. PLewtran replied, he was sort; if he had
mistaken his Lordship. This was a motion to
make the steward of a manor produce the deeds
and tolls of that manor; he made this mattfrk, to
thew, that every motion made by Plaintiff, was not
trifling and frivolous. Mr. Tipper, the steward,
as a witness, had a right to give his et idenei
im-
partially ; but has he done so 3 no. he kept back
the records, and it was only by them his Client
could prove his title. He had a right to the best
evidence; and. comequently, the rolls ought to
have been produced at trial ; if hit Lordship would
order the steward to appear in Court, and submit
to personal interrogatories, it would be found, that
he lad that leitniag to tile Defendant. that would
oblige his Lordship to grant the motion ; but if Le
did not gran. it. he hoped his motion would not be
considered as trifling or vexatious.
Mr. RICH af•er he had complimented his
Lordship o•. he. liheral and impaitial conduCt to the
Gentlemen of th, bar, eontroded that the witness
called on here had net any interest with either of
the parties, and could not be compelled to give up
his papers, as it would amours to a breach of trust.
He hoped. therefore, t at his Lore .hip would think
the umoundesl •"•t vexatious.

Mr Kowee% hop •,i the motion would be
granted, and that hi ••1 not be shut out
fri:M that jnetice, he granted to AM-
ther ; he cimW ni,t t • at ousiness Driendanee
Coo -fel hid :o inter • ; Witrwst

Lo•d 11.LDOrr--4• stvslre says he hopes ;
never will hinder the fir cher .1L: of jvstics ; I hope
I never did in my i t first ',lotion was As,
large in ,ts terms, it w„ •mp ite Icr any man to
obey it, and thetrlore i u..sKith costs."
His Lordship added, •• I ,at though lie 'had de-
voted Much time to the hid, lir did not yet under-
stand it, awl therrtote hr mu t read it again in his
eliambeis, before ill *outl wr one to aectde on
the present motion "

COUNT OF KINC.Ii BEM f No- 19.

REBUILDING (►P et PARTY W ALL.
11011111110 N e.

Mr. H 01.10•0 was beard on the part of the
Plaintiff in this case, against a Rule formerly ob-
tained for aOM DIAL it was an aHioa of onamp.
art, and the Defendant had paid the money into
Court, a retitle having been Mond for the PI tintiff,
damages 2901. Ibe Maloof aas tenant to the DO-
frodai.i, in a messuage, consisting of a divelliag-
house-, shop, and appurtenance., situate in Queen-
stre. t, Llitapside, by a lease containing a covenant.
by whirl, ht (the Plaintiff) bad obliged himself to
keep the premises in repair. The leant had Dew
originally wade by the tattier of the Defendant,
who afterwards assigned it to the Plaintiff. The
coritrovelsy betwixt these two parties was, as to who
should be liable for the expenses incurred tot the re.
building of a party wall, which became necessary
by the requisition and formal notice of the person
possessing the adjoining premises. The Building
Ad, which authorised the pulling down and re-
building a party wall, he contended, hal expressly
patted out the Lessor, and not the Lessee, as be-
ing the person upon whom this expense should tall
be, as landlord, being the person who was to be most
benefited, by being the owner et the improved rent.
It had expressly' declared, that be (the landlord)
should pay the eipeuses of pulling down the party
wall, and shoaring up the house. and that he should
indemnity the tenant for all expenses in pulling down
parti:ioas, removing furniture, goods, tc. It also
empowered the owner sit the adjoining house to do
all this, providing he could prove it to be necessary,
upon his giviog a formal notice to the tenant, tram
whom he might claim all the expenses, leaving
him, the Lessee, to get relief from his landlord.—
He apprehended, therefore, that the only question
would be, whether tint expenses, charged in the pie-
seat instance, were fair and reasonable which be
argued they were ; and. in support thereof, lie cited
several cases whine similar expenses haittalten upon
the land;old, who, by the words qf the AZt. was
to .4 yiel.; damages to the patty who was Lessee of
the plai.erry, to the extent to which he is damnified
by such demolishing and pulling down." Although
there was a covenant in the present case, by which
the tenant was bound to repair, at his own expense,
yet it could not, in jastice, be extended to plating
down sod rebuilding a party wall, which was, at the
time of entering icto the lease, totally out of the
view of either of the parties ; and. therefore, his
Client was entitled to have all the expenses, aiisiog
Liam these improve/smuts, sepoid to lam by the
wow.

Lim on the put of the Lessor, who was
the Defendant in this :;41.11, argued, that she Lessee
was not entijed to recover, and that the.cases which
had been cited, and particularly that of Barn v.
the Duke of Bedford, were not applicable to the
present question. The only way in which the
landlord would 118116 been made liable for all these
expenses, would be by something to that purpose
having been expressed in the covenant entered into
betwixt him sod his tenant. extent to which
it was endeavoured to charge the landlord, occa-
tianed is to Income a vet y serious question, the
lease having yet twenty-six years to run. The sum
of 001. being to be charged against him, although
he wait to reap uo benefit by an increased tent, from
tout an tspesidUure, clams all that period ul twat
of that sum, only 701.. had been incurred in re-
t4,4y rebuilding the party wall, the remaining sum
unabl. having been created by exper.,:-.1 said lo hare
beers incurred attcrwar.is, an replacing wainscot,

Partitionf, retnnwirg andreplacinit furniture, ghats,
ate. Although the (inner of the adjoiningOors.e
was the person who had pulled down the party wall,
vet that circumstance did not entitle the Lessee to
come upon the Lessor, for the expenses attending
the rebuilding sad repairing l.it premises ; because,
surpnsing the wall had fallen of itself, the landlord
would have been entitkd to haie recovered upon an
*akin against his .cuant fur the expenses of the
necessary. tepairs, by virtue of the covenant con-
tain• d in the lease. There were no words its the
aft which expf'essly relieved tenants 'of the hut den
of repairing the party wall, in Cases where they
had bound themselves to relieve their landlords of
the expenses of 'repairs of a tbessuage Airy po.*-
sesscl. lid would wish' td blow whit use to
the a l ptevented ihe landlord from bringing an
:teflon agiinst hTs tenant, for ii:pairiug that party
wail? It would be very strange, If. an ,such cases,
tenants were to be left as it were judges ia
their causes. by their thus having power to deter-
mine What efttltant repairs lreie ' necessary, and
to have the expenses thereof paid by their land-
lord. When the notices were given to the Defend-
ant, he had always uniformly said. that he was not
liable for an part of it whatever; and although he
had paid the mor.ey into Court, it did not follow
that he had been hnproperly a ..vised,or that be should
by any means he rendered liable for the whole of
such 'rub taat charges, the sum of 7,1. being all
that hfd beep expended in rebuilding the wall. At
all event's; dye words of the redid not attend to the
tepid, .:g of partitions and reinstating of fittniture.
Mr. Hot RIVE), in reply, observed, that, agreeably
to the Aft, a party-waU was to be rebuilt, its a style
of the highest rate of building. and consequently it
must be thicker and much more expensive than the
original one ; and this being the case, for what rea-
son should this extbitant, unforeseen, and unrea-
sonable expense, fail upon the tenant, Itrho was not
to be benefited by an impenved rent ? The expense
of building the party-wall having, from the first,
been paid into Court by the Delnndaot, sh,Wed a
consciousness on his part of the justice of the Plain-
tiff's cause of salon ; and if he was at all liable to
that extent, he was bound to pay, by the exCiess
words of the Aft, cc all just and reasonable incidentil
expenses" His client had paid she aspen ei, vo-
luntarily, to the adjennine pos,tssor's and the only
question sow was, whether his jandlurd w4k4ocald
to repay them ?
Lord Estarraoencon,• after some coniteriatirr
with the other Learhed Judges intimated to t
Counsel, that, as the ease was yet cit:what ob-
scure, and es it was one which might afterwards
govern many. 'other cases, the' ,Yong should take
time to look more particulsyly 'dui the A 4, Wore
they pronounced their judgment.

IMPORTATION OF FRENCH BRANDY.
Amon mid C. v. lITYL AC end co.

Mr. Hotaoio was heard on the part of the
Plaintiff is this case. It was a question which
arose out of a contract of guarantee ; the perport
of it was, that the Defendants, Messrs. Thecphiliii
Meyrac and Co. bad guaranteed to the Plaintia.
that Messrs. Gordon and Co. Merchant., resident
abroad, should send them (the Plaintiffs) a quantity
of brandy from France, on board of an American
ship misled the weeeis Jonathan Smith,. Maker.
That vessel was accordingly sect to Fratiee, at a
time when it was rendered lawful, by an Order of
Council, and a Heliose being obtained to import
goods from the enemy's country on board ut neutral
bottoms. A breach of costradt. how•ver. bad
taken place on the part of the Defeo kilts, who
afterwards argued that the eortratt was illegal ;
but he (Mr, Mulrnya), on the part of the Plailtiffs,
was prepared to prove that it was perfeal.y lewd.
and consequently that his Clients were entitled to
recover for the breech of contra& Here he read
the Aft. authorising the importation of certain ar-
ticles, ao.ongst which brandy was particularly
stated and also the Order of Council, which re-
quires these goods to be imported in neutral ships.
by persons duly licensed. The license in the pre-
sent instance authorised Messrs. Meytac and Co. to
import a specific quantity of brandy, and stated it
generally as their ptoperty. or filet of men other
British Merchants as might be ex,,ressed in the bills
of lading.
Mr. Lewes, on the other side, contenJed, that
the property itself was ur.truly described in the
license, sod therefore it was not suffi,:tent to le-
galise the contract ; in the same manner as a policy
et insurance would not be available, when a voyage
was proved to be in itself illegal. He submitted
that Messrs. Meyrac and Co. who were described
in the license as being the proprietors of the goods
in question, bad aflually no property in them, be-
cause they stood in no other situation but that of
guaranteeing the performance of this contra& by
Messrs. Gordon and Co. abroad. Neither had the
Plaintiffs any property in the goods to be imported,
nor could they pouibly have any, till after the ar.
tick had 'distally arrived. He did not contend
that the license did not properly describe the arti-
cle la question. but it did pot describe the parties
interested, nor the particular Individuals to whom
it belonged. The general terms ,` to import by
such merchants as might appear in the-bills of
lading." not being a legal authority, according to
the original Att. Upon these grounds he appre-
hended that the contra& in question was a mere
nullity.
The Cover were of opinion. that the only ques-
tion was, whether the licence was intended tar this
particular importation of French brandy? it;aot beiug
absolutely oecessaiy to specify Al the parties con.
neard with the concern. When that license was
granted, the Priyy Council unquestionably had the
power to grant it. and in it the goods and the par-
ticular ship',. were sufficieraly described. The con-
tract of guarantee was thereby rendered pertatly
legal. Judgmeat foe the Plaintiff.

tae"
1111 S /1111114A113 AND HER 1111110tr3lt0
SY Ma. Dltitunts, JUN. .
klanikionse pin! fed thy Vail,
Rest thy pie, d bless the gale!
Rest, where chrystal waters st.ay,
Arid gm autYmer ttlin-iicalos play ;
Skies are clear, awl ocean bright-.
Take with me ars,lsowi's delight.
Furl, ah! rythee turl thy
Lansaw-um Mermaid's tale.
•
0;s! fly, simple youth ! use the Mermaid hello
rty l'ho' sweet be her win, vet Asa sing. y„4,..iti
All Nature, her magic at will can deform;
And now noel her low rock she conjures the etc
She thickens the waters.-ishe troubles the air-
Uk ! fly, simple youth ! fur destruamn Is there
O Let not idle fairs aLraii thee,
Think net 1 tonal Liner to harm Risen-.
Pr; thee gaze! txtiuld tin fainwa
• Leask hew trawl) couthe ally hair...
Marl my eyes with passion beaming-.
bee my breasts with wishes teeming-.
All alone—young, fresh, and fair-.
Wins my sea.dnw'r couch will sham?
0' cieduloos pilot ! lot warmd eta to-. late;
'fee As.= that Mamas thee setups to thy fat
See'.-tar its the west a date spot new appear,
I know the dread sign-ot nicrrases my blau,..
•
3 bare the galloping Sun si fiend hisgiant form
liis toot UM& the billOWO, hie head stokes the c
' Tarry 1 err ! yen gather'd shade,
out vapwur yit to lode.
Com toy Briatimenetu tnnu shalt be,
T• Lord of riches under ma ;
Table n. peed, and caatles tall,
Fenert by many a tool wall
CANS! a Jong of walla Iloi—
lo: co.. away! my Water-IC•ng !
pi bastes! at, r tie bastes, at the Mermaid's c
la Lu! :u! wretched victim, tn. Storin.fieitel at
to.. late turns the ',tide vain spread the
OS Tue rrotawurking ehsuot of the Mitetbel wee!!
to. •its .tark-asaiots! now slarkai-show the billows
Uts! Jests! have meets ! eve reseal is lost !
g: Sea,. and sky, and air, and fire,
la
Naw trews. ratous snare, Conspire
Shri,k aloud thin no•therit Wet,
Cleave in !wain the gruatinig mast !
Lightning 94,14 and rattle tl,undcr !
• Smite the suiting p.auks :gamester!
• Now they rhowii-sand same they dish
Now lean* Urea sinking ci
hiy Bridegroom, all hail!" uses the Manua'
And, plunging through gu'phs, elaepe the poi id
r. N• struggles to curse, with Ma's lingering bum'
a But the bus of Isis bride i• the pompon of deal
Thr willed ones vanith!-..tad whither they I
ra. Imitates otioomborliolo totah ghosts wet" Inaine.•
rev
CORPORITION OF 11(1171.Y311
On the Ch moat, the Corporation of No
nil but the honour of presentmg the itteerla
Town to the Right Hon. Henry Richer
Fos Load Hul:and, at the Gaildhall.
Lord Holland attended the eolomon
Council utamaer, at twelve o'clock,
41 - Calti%ant, 'fown CLEI3I4 addresaed I
liar
1 NI halowing terms :
nu.. " Lord...roe Corporation of Nottingham
Q. Coontgint Halt, to pitmen% to 'Gotha
1n..!., er, rt.wn, and t.. etn...l your hams amongst the
tact oe iy, dorms al, In say a fete .well, to their
flee I.l.erettslg t., their teertt.r..
“ Caviumma Hall gneiss in you; Lordships
ear• ree ereni..ne of your lee tioilootable Relative, ns
t sa:arr. a in ipy iv fir lit- country, for Europe, a
Au.han tact! We cane..? anise recollecting, w,tea
out .a the very depth et tie ydrti,.at adverarty id
o'd squd man, aspired tvatlavititiguisbi him ivy c
?tit via; hand ; aced we re.vi,m3er
ha tenon of peculiar diffiCtety to t'!li C
tar ...moue to otstatu the bottom' of ha auwilosni
en' loctam.
" Can it then be wondered at, if, having been tl
ace teacart, we hasten lions tUt reword the how?, to
krt.:A mask ut favour apt), In: famoy ' Caw I
pee, that for tail purpose we should kilt( to poi
lar ea • ht,,15 we NMI nu. Show spitrod..l talents, that
idt rh r:s.. and nanny, sun that feat les spiv
I”tegt.o. ,stlncia termed ths atstistigutibacg el
hie et utif deputed Island r'
Lord HoLL•ida teptied, in substance
r.
hest--
li:iitleinein-1 roust big leave to say a few v
ter res. Sty Mimeo* mite ofh.sation y OU have yew cos
ka any anus w mat. imiolotuto at.d Mattering tomiwir is
3t rt C.ilbar has Mane me dm liothoor to dw:.irer blow
Suomi to yemetlcat I teuttstsler tar obltaatsua
set! Lesaire it is fare own vuluntare gull, and antir:l)