Star.
London, England, 1808-12-03 00:00:00

MALTA AND GIBRALTAR.

By the Mattrrarx, arrived at Plymouth, we have
received a few articles of intelligence from Malta and
Gibraltar. The arrival of this vessel gave rise to a
report that Mr. ADAIR had concluded a Treaty of
Peace with the Porte ; thi, Austria had opened her
ports to our vessels ; and that these two Powers were
on the eve of declaring war against France.—Go,
vernment have not received any such accounts. These
rumours are therefore entitled to little credit—they
rest entirely on private letters, which we have given
among the subjoined.

the
a

Leiters from Malta, received by the MESSENGER;
mention, in a summary way, the capture of the Island
of Capri by the french. The force of the British,
Garrison is stattd to have consisted of 750 men, of
the Corsican Rangers, under Colonel Lows, and WO
of the Maltese corps;-. A ieinforcement of 250 men,
under Colonel Booms, which lvanded after the Ar-
mistice was concluded for arranging the eiacuation,
and, of course, too late to take any active part, Tv-
turned to Sicily with the troops of the garrison.
GIBRALTAR, OCTOBER 9.

" Letters from Malta state, that H. E. Mr. Aroma,
had sailed- from that Island, In the SEA HORSE; on
his way, as supposed, to Constantinople ; aad that
he was accompanied' by the Captain of a Turkish
Frigate lately taken in the Mediterranean by his Ma-
jesty's said frigate, Sent**.
OL TOM Roi4l-ligbftess Prince Leo-
' POLO and his suite, embarked this iay of board of
the Renown, Captain Durham, .to return to Palermo.
A royal salute was fired from the garrison on the,oc-

casion.
Novastsca 4.—The VOLONTAIRE, Capt. Bui um.
sailed to-day for Malaga, hating Lord Lov,inin and.
the Eon. Colonel Fon= on board, op their wart*

---
Madrid.
a A Regiment is raising here for the :British Sir-
irke.from the Swiss and German prisoners 0f.P.0;
,oils army, of whom there are about 15Q0 in this
neighbourhood.
" NOVPMEkR :0111AASHOPPILIt wind this
morning from a crume to the Westward. Colonel'

fl_i tad tit* Had Mr. Witaillitgalka timid al
hoe; ea their way ta Marie?, y .
a Nevins= B—The %WilkObesel frau:ASO
drid arrived here to-day; in his i►sf to Minty, aide
disOatches from the Ittubian Ithibitiekilor at Madrid,.
, for his Court. •

9.--This isamingthe VoLostrAnde
came in from Malaga-with a number of Swiss soldiers
on board, for the regiment raising here."

44 MALTA, OCTOBER 31.
" Letters from Trieste of the 10th and 11th inst.
have been received. By these we learn that the Min-
avers convoy had landed their goods without diffi-
culty. A convoy from hence is to sail in the course
of a week. Sir ALEXANDER BALL, consequently, is
very well assured that there no longer exists the least
risk, as without his concurring sanction no convoy
would he allowed to proceed from hence."

ANOTHER LETTER, SAME DATE.
a This is forwarded to you by a'Gentleman who
is just arrived from Trieste, charged with dispatches
to your Government of the highest importance.—
there appears to be every prospect of a peace between
England and Austria, and of the latterin conjunction
with Turkey, declaring war against France and
Rusiia. The ports of Trieste and Fiume are open to
us, but continue to be closely shut against America.'

• '

nrrELLiczArcs.
litllMEilTlll, DECEMBER 1.
the Timms, of 74 guns, this morning, to
lank Chioneklimit Iroanomm, of 18 guns, on a
*War; and Taoamossi of 18 guns, with a fleet of
*Ws/ for th 4 Deems.
Pdknsicivrii. DECEMBER e.
his hgegesteoreitips Earner, from a amiss;
toll aißsi,fromPut back his Majesty's
shiplasciebvs,-bound to the West Indies. Wind W.

YARMOUTH, DECEMBER s.
Arrited the Aratcw, .64 guns, Captain Bonner
ETNA bomE and Arun; kun-brig, iii four days, from
Gdttenburgfid during her passage the VIXEN was
obliged to throw her guns •over board-: also the
SAEFEN, from the Westward.—Ships here, ROICIR/Cto
Anomie, Princess CAROLINE, STATELY, MAJESTIC.
EGERIA, CALYPSO, DAPHNE, CENSOR, HAVOC, and
several ships sent in by the North-tea cruisers.—.
Wind S.W.

DEAL, DECEMBER I.
Came down from the River, the Poisuit, Kara, '
for Jamaica ;, Minerva, GRAY, for Malta ; Alfred, .
SEAL; for Madeira; and l'lnvention *Lamaism,
for the Brazils ; and remain in the Downs with his
Majesty's ships as per last.—Wind W. S..W.

Dec.2.—Pasted biethe London, Outer, frets
Quebec; Vine, M‘DonaM, from 'feat ; Julians, Otter, from
Lisbon; Eliza, Lock; Hercules, Lewis • Gratitude, Rouse;
Apollo, Gruby ; Frederick, Brown, and tiseLillack, Ripply, from
Malta. Sailed the Princess Mary, Hut, for Waterftd;
Lu:ton, for St. Michael's ; and Perseverance, Findlat, for

. Aka:van-4n the Downi, the Logan, Courtney, from Balm ;
and the Vine, Bandletun, from Newfoundland. At PIPOIt, the
Commerce, Jones, from Newfoundland. At Camptiettown, the
William, Slocomb, from Newfoundland. At Grangemouth, the
Caledonia, Watt, from Picton. At Madeira, the Herald, M•Kir
sick, from Newfoundland. At Grenada, the Elizabeth, Field, from
Newfoundland. At Gottenburgb, the Ranger, Bogner, from
Madeira. At Newfoundland, the Chance, fitlougal, from the
Clyde. At Dublin, the Crosby, Shiply, from Quebec. At Kin-
sale, the Eolus, --, from St.i.lbes. In the Humber, the Suc-
cess, Taylor, from Malaga. At Drogheda, the lane, Sayers, from
London Off Dover, the Fox, Harty, from Fayall ; Diana, Wylie,
from Madeira • and the Libtrty, Irwin, from Honduras. At
Portameuth, tie Bohemian, from Stockholm. At Hull,
the Oph Hall, and Eggineton, from Stockholm...
Mary, Black; and Glenalmund, litbersoil, from Malap.

LAW INTELLIGENCE.

COURT OF KING's BENCH, DECEMBER 2.
A question arose .to!clay in a case in which the
'Commissioners for the Patish of St. Pancras, sued
' upon a surety bond of their Collector, named Wat-
kins, to iuderhnify them against any default by Wer
kips, in case he should be duly appointed a Collector
of the Property Tax. Watkins was appointed, and
r•iiitz defaulter to the amount of 5001.. and upwards.
t, •
. bum, for the Defendants, objected that he,,
Watkins, was not duly appointed. •
The statute, 43 Geo. 111. under the Income I
'Tax was collected, was passed under a tnistake.,—.
That act gave authority to persons to collect the tax, 3
whc; shouid'be appointed under an Act to be pissed 3
afterwards. As it happened the two Acts Were passed .
in tht same session; but the Act referred to, as being
' about tope passed, got the start of the former Act -
when in the'House of Lords ; and by this riehns there
was no such-Act passed subsequently as was referred
to in the Income Tax Act. The appointment of the
Collectors was therefore void all over the kingdom ;
and for thii Mr. PARK cited a case of Wilson v.
Larkin. •
. .
Lord ELLENBOROUCH reserved the point, which is
very material, for upon that question the legality of
all distresses for non-payment of 'Taxes.; under that .
Act. must depend.

WILLEY W. ALLEN.
This was an action by a boot.maker in the Strand, ,
against Colonel Allen, the Defendant, for two pair,it
of boots and the packing, amounting to 41. 1 ls. 44,
sent by the Plaintiff to the Defendant in the country„,-07
The Defendant proved a tender by one Monnett,„4.2
of the semi of 41. 10s. so that the only question. in. 4-
dispute, was the amount of ls. 4d. • .
.
The Plaintiff's servant waited upon.the Defendans,l
with the bill, amounting to aB4 115. 4d. as he stated.
The Defendint looked at the bill and said it,,was right,
and should be. paid if it had not been paid.
The cause turned entirely upon the question, whe.
ther the tender was sufficient before the action? and this
depended upon the amount of the preceding bill,
which the Plaintiff had not given the Defendant no.
tice to produce. Of course it could not be proved
what was the amount of that bill. And upon this
ground the Plaintiff was nonsuiresL

COURT OF COMMON PLEAS, DECEISER 1.
MEHARY V. VIIRLANDES.

This was an action for an assault and battery. The
plaintiff was a perfumer, and the defendant a druggist.
The latter had furnished a bill to the former through
mistake, which bad been paid' during a fit of siCkness
of the defendant. On looking over his accounts, how-
evety be found another bill of the plaintiff's; which had
not been paid, and accordingly demanded it. This
bro hug heplaintiff to the defendant's shop, when
an took place, and, aftet much abuse on
both aides, the defendant. gave the plaintiff a kick on
the shins, with which he retired, saying—" that's 'all
I wanted ;new I'll do you 1"
Learned Judge thought there was much abuse
en both side* ;- and the Jury found a verdict of One
Nailing damages for the