The Sun.
London, England, 1813-02-09 00:00:00

]AST-INDIA INTELLIGENtt.

. • - .
By the modeste fe.g.te .arriveil at,Porismooth,'
from .IVe have received a reg.ullr serivs of
Calcutta journals to the end of, Septeml)er.. Tho
following extracts comprise the most material (if
their contents .

.‘..CALCOiTA,,,SEPT: 14.—Our late advices Irwin
the
.Punjab state, that tlie 'sons of the Vizier
Attah Mabolumed Khan, of Cashmere; had talten
posiession, in. their own right, of all'the countries
inutietliatkly, dependant on Attock. troops
bad attacked those in the. service _Mal alotal Shah,
the reigning Sultan of CabuL and defeated Cteux
with vonSitlettaile_los4 in killed, and
prisoners. Mahmotid Shah, himself remained stet*
tionary at Cabal, and, as•usual„ was much dis-
treised for supplies,. Rnnjeet Sing vas at
.1./a-,
bare; he had been ill; but was recovering at the
date of the last advices. . !.'

The whole of the property taken at Djojoer.rt:t,,
is immense. The greatest part of it is aciw flu its
way to Bengal; and the prize-mpucy is about to
be shared amongst the Clajniaak.
The following is an extract of a letter on the
subject

" Since I last wrote, I.‘%',el4°hia°vcearltiaa'll'itutn le)l2.lB:;B:V2i.th
the Sultan of Djojocarta; and with a very trivial
loss on our part, have stormed his palace, taken
hint prisoner, and raised jiis son to the threne.
His treasure has become the Property of the cap.
tors, and a subaltern's share Will amount to be-
tween 3 and 4000 dollars. Our loss is inconsider-
able, compared with the number of troops we Istitl,
to oppose. The enemy stood well 'while they,
were sheltered by their fortifications; but at the
sight of our men on the top of their 'walls, they
fled in all directions. Colonel Gillepie, Who
commanded was wounded, but not severely and
an officer of his Majesty's' 14th regiment has since
died of his wounds."
• BoMBAY CASTLE, AUG 12.7-His Majesty's ship,
Volage arrived from Great Britain this morni:',g,
having on board Sir NvanYepean, Eart.,the new
Governor of Bombay.
CALCUTTA, SEPT. 21.—The late advic'es froth
Hindostan give 'an account of seine movemeuts
in that quarter, whieh'%‘''otild 'seem' to denote the
near approach of important events.
Aineer Khan,.of whose existence there is no
longer any doubt, suddenly quitted the Rajah of
Jandporein anger, and Set .out for Ajmere. The
Rajah had sent out people after him to appease
Min, and prevail on him to return. Meanwhile
the Khan was exerting all his efforts to obtain as-
sistance, and not without success. Seteral corps
of infantry and artillery had been promised hini
from different quarters:
• In Jaypore, it would appear, that Chaad Sing;
'with the army of the Rajah, had latterly 'been sue-
cessful against Mahornined Shah Khan's .forces.,
From Leabal We learn, that Soojahaid Moolk has
been seized, and coufined in the fort of. Attoek,
by_J. Khan, brother of the Nazim of Cash Mere.

Runicet Sing eras occnpicd in preparations for
an expedition against
,Cashmere,
,which lie pro-
posed to undertake in the ensuing autumn.

INDIA. SHIPPING.

Ii s Majesty's ship :116de:ste arriveit from India,'
at Portsmouth, on Sunday last Sailed trout IVit-
tlVas the Sth September ; from Bengal, 13th Oc-
tober ; from Trincomalee, 21st October ; arrived
at St. Helena the' 23d December.; sailed from
thence the 2sth December.'
.The under-mentioned Whaleri had arrived at.
St. Helena, and were left there .when the lb»
clesid sailed, viz. Kniiiage, captain
SPITTAL, nrrrived 30th November ; ‘‘;',IT-
SON, 3d December.
The Modesto has brongl%t 300,b00/. in gold, on
account of toe, Company.
1
The Regent, Sir William Burroughs, and
Guild-
ford, were dispatched from Bengal the GO) O,H
tuber ; the 7'igr4 to be dispatched from Bengal
iii the month of October:

The ship Walthamstow arrived in Bengal, frOti;
Penang, the 28th August. Her dead weight, had
been all stowed, and she was to proceed to Sau-
gor in a day or two after the Bth October.
The ship Coldstream, arrived from St. -Helena'
the 30th June, in company with .the extra slip.
Larkins, and arrived in Diamond Harbour the 21 st
September, baying, the evening before, slightly
touched on the Mizen'Sand, and in consequence
of which the ship •hail. been ordered up to Cal-
vain, where site Was lying on'tbe liith of Oc-
tober, waiting to go into dock.
The Astel/ had arrived in Bengal :front iNfadraS,
and she had taken on board her dead Weight, anti
was to proceed to Saugor on the ISth of October,
for the purpose of completing- her cargo.
The Thaws arrived at Fort MarlbOrough the
29th June,, and was dispatched to China on the
31st July.
The extra ship Northanipton, outward hound,
put into the Chpe of CioOd 1100 e the 214 pc-
tober last, for refrements, .f:ihe parted com-
pany with the Euphrates, and Jots Majesty's. ship
Nereus, on the 13th August last.
The ship Lady Castlereagh had been detained at
Madras on her return train Fort Marlborough, to
be joined there by the Dover Castle, and Ea 4
and eventually by 3 fourth sill'', for the
purpose of being dispatched to England.
The David Scott, and Royal Georift, were to
sail from Madras to China On the 10th Soptert-
ber last.

The bad rw•etither which had been expericwel
at Bengal and in tin. Upper Provinc6. it was
imagined *mild materially injure the crops..

1fq..11 OF FRANCE.—A '3:llsst nos resin ent
itti the Isle of France, in a letter Which be recendy
wrote td the Society in Engtond, dcwribes the
island as being in a wretched slate, with reivucl to
religion. Front what, he says, it appears that
.omi-els et pre,.ent no Protestant place of tvor,i)ip,
though there is one in preparation. The Gallo..
lie Cli,urch is now in ruins. Mass is performed in
a store-house. The grossest ignorance and au-
perstition, ite adds, prevail, especlaily,.,amongst
the slaves who work very hard, old ri,e yoked to
carts like horses.; but sitv,e the Gove7nment hers
been ill the hands of the English endeavours have
been made to ameliorate their degraded condition,
and eneourageinext is given to the Use of cattle la
carts, &c.

LAW it EPO ter .

COVRT OF CHANCERY, FL n. s.

BANKRVPTCY OF LATILA:M AND PARRY EX VARTH DE

TA,STF;T,.'

This was a petition to the Lord Chancellor, on
behalf of Mr. De T.,3tety brought, forward on the
motion of 1-0110“(!..ii by Mr, Bell and
Mr. Shadwell,. on tb same side, praying-that the
order of his Lordship on Saturdtty last mip,ht be.
'reversed, and the order of the 'preceding day,
which MIS reversed by.'the.order of Saturday, re
vivlsd in favr.ow of Mr. Dc Tastet, in order that
he, might be at liliorty to prove debts to the ex-
tent of ilia,. or At least of sixty
thousand after setting a value on the.
goods hou:_ri:v him on entinais.i.ion by the bank-
rupts, as 'ibis ftiOtors, computed at sixteen Jhou-
sand poithds, and which he' Claimed as hii owni
exclusive of the debts j he agreeing togive up the
bills of exchange, his claims being four-fifths of
all the„debts.

Mr. 1.4A0n and Mr. MONTAGUE opposed the
motion, on the grounds that Mr. De Tastet would
have too great a power in the choke of assignees,
or might make himself sole assignee 4 to-the in-
juiyy of the rest otthe creditors. waS contend-
edlor the othertredltor3, that the CoMmissioners
WerejttAitiiinie in refusing the proofs of the de-
niantis of De Tastet, the more cspeciallv as
lie had heenttold cif the fOrgery of the hill for
twenty-two thousand pounds by Mr. Parry,'who
has :since absconded .for the crime, and instead of
apprehending him, 'gave him two days to bring
in to hi:a property to the 'extent of thirty-five
thy ditultis, between the lilth and 16th of,
Rommr,v, in reply, combatted the
objee. to" Mr. IN Tasters pronft and conduct,
a6l:i.og, if it was culpable in hint not to see Parry
,hanged at the loss of thirty-five thousand pounds
out of his:oWn pocket ? Was he. to be a paragon
•Of publie virtue and justice He denied that the
ommissioners had power .to refuse the proof .of
this debt ; nay, he said, the Lord Chancellor had'
.
not, in Ins.opirtion, such a power'under the Acts
di Parliament respecting the cases of Bankrupts„,
as all debts are to be proved in the first instance ;,
and if one beloo Ifirge, the ilreiltior may be pre-
vented by this Court from acting as'assignee,
voting for the chilice of assignees, in ease his sub,
startti it is material interest militated ngairist.
that of the other Creditors; thiAt no
cif obitAioll 4t(r.i' appeared to either the conduct
or claims of ivir, .1)1 Taster,:
The Cit
r:O“IELLort te..d, that Iv+ blame
att.tedieri to t:te CommissionerS,now, or. when he
sent the qic back to theirs on .Katurday, in refits-
ing to al it prOof of this delit ; hut sill! he was
bound to state, ,that the Cothmissioners bad not
Such a power of refusing the proof of ciehtt, ncti
titer had his Lordship ; but if he shOuld find any
bearoSe niade of the pronf ofthiS large debt, he
should restrain it, and wished no imputation to
be east on Mr. De Tastet.

The prayer itf the petition Was granted, and
tbe: nctpe•intnlent of: mignees postponed till
day next.

CGERT OF KING'S BENCH, Fiat. 8.

IIf:NT V. Dirrcir,ics,N,

111 r, Jtirtvis applied to have a ride made abso-
lute which bad been granted to show cause why
the costs of the• defendant should not be taxed,
Ugrecalfly to the Act of Parliament, making the
plaintiff liable to costs resulting from a mali-
cious or vexatiott( arrest, and holding to bail
in a larger sun* than might utterwards be re-
co‘vrt,ol,

This. case went before a Jury hi the course, of.
the SittingS in tin present Term, the Stun con 7;
tended: for being 1s 0/. the amount of doubltions
entritstigl to,the defendant, the captain of u vessel
Nvhieh the pla.intiff, a lady, had come frOin Bar,
bAdoeS to England at. ;i passenger ; and the de,
leadant had teen .atrestiA and held to bail for
that sUlit. On the trial, however, there was a,,
iiet-oil'aain:it the anifiunt for the laity's passage,
&e. utol tie jury gaVe akcrtlict for dednct,
int; the eli:Arga.s adduced agi:,inst her by the
captain.
kV. Ci...rttiow and Mr. RrAnntt contended,
that whatever alight have been the result of the
trial, certainly Aothiri,!, like a Vegations P.nd maw
lielous ltt oc'eedintt' on the part of the plaintiff had
teen made out. There had•betot .3 reasonable anil
probable groand of action, although by defect
of evidence they lent not been able to make
oat the whole demand originally gone for ; and
the Act tc as cxrrly i:ttendea to apply to vexatious
cases..

Mr. JEitVIS maintained; that tyhis case came
4 in
vithin the meaning of the Act tpiestion, as the
pl.i.Onia had held the defendant to bail for a much
lartre sll3 .411311 had been recovered, or was in-
title4 to
tecYis4 Said) th At the Act of Par,
no in this iiista.nce ~Vas.int ended to
apply to ve4,ations ca,cs ; but certainly tbt pie
bent cduld uryt be a characterized, for the amount.
of the. :it-test had actually been lodged in the
'ands of the Captain, A, to the amount re-
coy r red, certainly there was something 'mys-
terious in the relation in which the. Captain
sod the stood to each other ;: and pos-
sibly it' might be that slitt. did. pot expect, in
consequence or that relationshili, to have any
au(hchin es brought fwiltlst be IA had been
tulducedat the trial by,the captain might be
happy circumstance for the parties•that there did
4,:xist this degree Of. 'obscurity for,, perhaps 'the
more the rt4iatter' Might be proved, the more might.
be revealed to the discredit of Some one'. But the
arrest coilldinii`be tcrtned.
~., •
fused.

AND Cu. V. itri'Muß'ANN Nl` riGGAIIV

The Soi-fcrrou-GUIERAL innved • for a !tole' to
catist; wbv a nevs- *houlti not be rrAnted
in thit cale,.iii which the,,Jury had f0n341 for the
plaintiff-4, 'The cave Ai-al tried during the pre_
gent tem 12,,,,tf0rz. his Lordship at Guildhall,—

The. plaintiffs were. owners Of the ship llar-
Many, which arrived &inn the West Indies with a
cargo of rum and sugars, Consigned to Messri;
WilliamS, Wilson, and Company,' het who, be-
fore the arrival of the cargo, had sold the
• some to the defendants, Messrs. .Keyiner and'
M"laggart. The Cargo was entered in the
books of the West India DOck Company, in the
. name of Messrs. Williams and Co. the .consigeees.
—Kerner afterwards sold it to yarions per-
sons, to whom orders were granted for its deli-
very, and. to. whom it was delivered 'accordingly.
The Captain afterwards applied to the defendants
for payment of the freight ; to this they answered;
that they Were already ie. advance, for Messrs.
Williauts, Wilson; and and tivithe mustaipply
to then'. for tbe freight.' In this the plaintiffs
seemed et first to acquiesce ;, but the case of Cock
and Taylor having' occurred, the plaintiffs then
thought they could hive recourse upon the defen-
dants, and accordingly brought their action.. When
the former new trial was moved•for.by the late At-
torney-General, the'Conrt %vas esf opinion, the
case of. Cock and Taylor did not go the of the
preseut 'case.; and that was what he (the Solicitor
.(.:eneral) had now To contend for. Williams and
Co. had, no doubt, indorsed the hills of. lading to
the defendants, who held -theth at the,time the
cargo in question was delivered to them ;' bat still
the defendants did not receive the cargo under the
bills of lading, but on an order front Willittnis and
Co: to the We;A lentils Doi.'k Company, to deliver
the cargo in question, arid several cargoes, to the
defendants, He (the Solicitor General) was ready .
to admit that the case of Cock and Taylor settled
this, that if a bill of lading swiss directed to
or his essigns; they paying the freight, .and
took' under that bill of baling, he must take
-the. cargo under the condition specified in the
paper which gave him right to it,; and that the'
Captain Was not bound to part with the (A;r0.1.',0 but
on that condition. Jiut here, he ,:contended,,that
things were in such a state, that neither the Cap-
tain nor any other person could he 'entitled to re-
sort to Messrs. I(eymer and Co.. for, the freight';
as well might they be retitled to, go and derriand it
from Messrs. North, or any other
.ot the retail
dealers to whom the cargo in question had heeu
,sold. If 'before 'the erection' of the West India
Docks the Harmony had arrived ie the river, and.
the consignees, or, thtw holding their order to rc-
ceire the cargo, came alongside with their' lighters,
for the perpOseof having itdelivered to them, and if
ti-1,6 Captain had inquired Whether they had orders
to pay the freight, he admitted, that an their an-
swering in the negative; the Captain had a lien
on the cargo, and had a right to refuse to deliver
it up. 'Phe Captain and the owners, however, he
contended, though they ought not ..to be in a •
worse situation, in consequence of tire erection
of the Weft India Docks, Were not ,entitled .to
be placed in a better situation than that in which
they formerly stood. The mOnieut they, in either
case, quitted with the goods, 'that moment, he
contended, they lost their lien uponthern.; and
might as' well tallow theM into the shops of the
grocers, to whom the cargo was afterwards par,.
celled out, there to claim the freight due to them,
as demand it of the' defendants., who. were pur-
chasers 'from the original eonsignees,,after having
delivered the cargo to their order. This fact the
defendants had given in evidence on the last trial,
irf additioumi what appeared on the fanner trial,
that when a Captain wished to secure a. lien on
the goods for his freight, he intimeted that wish
to the Dock Company, alter-which they could not
part with the goods till the freight was paid,
Lord F4LENnoi(olJon said, lie had told the Jury
that payment of freight was a condition precedent,.
without which delivery attire cargo could' not, be
compelled ; that delivery of the cargo might be a
good.consideration for a promise to poythefrcight ;
that the uniform mode of dealing between the par-
ties w:ks for the: plaintiff's Captaili to come to the
defendants for -payment of the freights tine by
Messrs.,Willianis and Co. That there was no ex-,
press promise of payment in this case; nor, on the
other hand, any intimation that the usual mode of
proceeding was to be .departed from. It was for
them, therefore, to say, if the understandiag of
the parties and the usage of the,trade appeared to
them to be such as warranted.them in concluding
that an implied undertaking to pay the freight had
been chore to by the defendants.
The *oLICIToIi-GENERAL said,. if be had been
aware (which till the summing up he could net
be) that the matter would have so appeared to his
Lordship, Ire would have begged to have the ques-
tion, which he conceived to be one of great im-
portanee, put in a shape to be argued, by demur-
ring to the evidence, or by taking a bill of ex-
ception*. Now, however; he had no other mode
of dingproeee .but moving for a new trial, as
against evidence. He emaciated, that here the
plaintiff's had abandoned tin ri lien. The Captain
Might have entered the cargo in his oWnname,
ansilf the defendants came to him for an order to
have it delivered up, then lie einild have told
them that they must first pay the pace,
Lord Eeenslisoaotio it said, if there vviareterea
any point of law, fie sbquid have nu objection Co,
grant the Mile; but, he was not aW'are. thattthere
was any other' point besides those whiCh he
had left
it to the Jury. lie left it to them tO
0 ,
say, they saw any reason for, presuming that. the
defendant* had received the goods in totr,titin on
any other terms titan those tin which they had
formerly been acenstonical to receive theist ; i t ne7
ino. in evident e that they Britt never formerly re-
ceived goods belonging to Messrs, Williams and 1
Co. but upon. pay nett of the Welt, The Jury
inferred that. they.lind not ; and in coming-to this .
;conclusion,, they might *aye been impressed With
what they understood to be the general practice
in MIA, ease,, ,

Mr. Justice LiBDA.Nc anti Mr. Justice BAIL,Ey
were of the same opinion. Ilk.;
_wail not a (juts_
tion of law, 'but one which had been properly
left with, the Jury, whin had found an implied un-
dertaking on the part of the defendants to pay the
freight, which had been their uniform practice.--
Neither could it be said that thedefcndants were
prejudleed by this finding of the Jury ; the de-
fendants were the owners of the goods, -and, as
such, naturally called on to pay the freight.
It nle refused.