Star.
London, England, 1801-03-05 00:00:00

MALMO, ELBRUARY 6.

Our (Swedith) Eaft India Company has re-
ceived advice, that two of their Chips, viz. the
Gullavus, and the Well Gothland, arrived at the
Cape in the latter end of January, homeward-
bound. It is much feared that they will fall in-
to the hands of the Euglifh. Our merchants W-
ier much by the interruption of their trade with
England, as no goods on Engliili account can
now be either forwarded or di:pafed

Yellerday a Court of Dire tors was had at the
Ealt India Houfe, when the following Comman-
ders took leave previous to their departing for their
rcfpettit•e dellinations : Captain Tito S WALL,
of the Dugs ofBUCCLEI; C H, Csptaiu JOHN WORDS.
17oxru, Jun. of the EARL of ABLIWAVENNY, for
China; Captain GEORGE GOOCH, of the Sir Sre-
?HEN LUSHINGTON, and Captain Joivi DALE, of
the LORD THlnu.trw, fur Madras and Bengal.
HENRY BONHAM Efq. is the managing Owner
of the Honourable Eatt India Company's fhip the
KEar, which was captured in the Bay of Bengal.
We are happy to learn that this flip's cargo was
not fo valuable as fume of thofe ct the fame lea-
fon.

The KENT Eaf Indiaman, which fo bravely de-
fended herfelf againit a French frigate, in the Bay
of Bengal, mounted only thirty guns in the whole,
and had only a complement of one hundred and
feven men. Her mucliuetry confaled of fixty ftand
of arms.

Captain RIVINGTON, who fo unfortunately fa-
fered in the KENT Eaft-Indiaman, is, we hear, a
fon of the late Bookiellers in St. Paul's Church•
Yard, whufc charaCer in public and private is
defervedly held in high relpesl, and whole lofs
muff of comic be much regretted.
Letters from on board his Majck 's fhip Ex.
CELLENT, of 74 guns, Hon. Capzain STOPFORD,
dated the 24th infant, off Qt..l;beron, fine, th:lt a
flag of truce was fent into l'Orirnt, where intelli-
gence was received, that the Lusk:HER cutter, of
12 guns, Lieutenant Fos its, fuppored to have
been wrecileA, was taken and carried in there by a
French lugger privateer of 16 guts. Lieutenant
FORBES, his officers and crew, were well.
The French fleet which was lately teen tiff Ma-
laga, was not the fquadron under Admiral GAN-
T its* U e, which is now generally fuppofed to have
gone to the Weft Indies.
The Lady Shaw, STUART, with the cloathing rf
ten regiments in the Mediterranean on board, has
been taken off Lifbon.

On Saturday fenhight Cite brig William, of
Sunderland, N% as taken by a privateer of 54 guns,
off Bridlington. AU the crew, except dire:, were
taken out, and five Frenchmen put on board.
The three Englifhmen found rintans to choak the
pumps with allies, and made the Frsr.cltmen be-
lieve the fhip was finking. They %vete willing to
run for any lint rather Cian go to the bottom,
and brought the brig back to Sunderland Roads
on Sunday morning, wit!. a fignal for help, which
they of courfe loon received. The Frenchmen
were landed that evening, and have tince been
fent to Durham gaol.
On Wednefday the 58th ult. the Thames, DRUM-
MOND, of Dundee, on her voyage to London, laden
with grain and bale goods. Bruck on Hefborough
Sands. The goods have been favzd, but damaged
—and hopes are entertair.ed that the veal may be
brought into port.
The Lion, Capt. Lee, froze New Providence to
London, is taken and carried into France.
The Towry, Capt. —. i-om Dublin to Lon-
don, and a brig, with pitch ane tar, which has been
taken, are retakcn,and arrived in the Downs.
The Sally, Capt. I I a:4l visa. from Liverpool
for Africa, is taken by ii;teetprivateers, and feat
for the River Plata.
The Frien.is, Capt. from Liibon to Li-,
ecrpool, is taken and camirdirtso Vigo.

E.'. A,VI).

CO:: Y: 1.: In: 1' iltY 14.

Thy ennrii;ous lake of provikons, and parLizn •
latly Potatoes, ❑dded to the general fiagnation of
Trade, have reduced the poor to :t Rate of diltrefs
and want hitherto unprecedented. It is an unto:
tunate, bat literal truth, that feveral arc daily
perilhing in the Itreets, throti4ll mikry and want
of fuftenance. Within thetc fCw days, two large
Woollen FaCories in this neighhoui hood have been
obliged to difcharge above Igo workmen, nor can
thole handicrafts and mechanics who remain in
employ, with the utmoft exertion of diligent la-
bour, earn a fufficiency to purchale the necef-
faries of life for their families..

Yefterday evening a mob alfembled at a Maga-
zine in BandonArect, and were proceeding to aEts
of violence, when the military were called in, and
inflantly difperfed them without blood(bed. Pa-
trolcs of infantry and HOMPESCH'S Heats pa-
raded the town during the night, and Al remained
quiet.

This morning the people collected again to the
amount of about moo; and after parading vari-
ous ftreets, to difplay their mifcry to the- Store-
holders, repaired to the Mayor's !mule, where
General MYERs, with many of the principal men
in office, were atrc.mbled. A deputation of 12
men entered, and in a fubmiflive way, dated their
grievance, declaring at the fame time, that their
intentions were in no refpee riotous or diforderly.
The General allured thcm,that every poflible mca-
lure fhould be taken to have the public markets
fupplied ; and they withdrew in perfea order, re-
lying on thefe expedations. The limps were not
flan, nor was the fmalleft violence praftifed upon
any individual.
The patient endurance with v:l.'ch the dißrefred
in this defponding moment meet their mifery, is
fingularly exemplary : There never were fewer
robberies or affaults committed in Cork than at
prefent. This pait of the ;;ngdom feems to be
a more immediate prey to the penury which pre-
vails. The fait crop of Potatoes throughout the
whole country which fupplies this populous city,
was remarkably deficient; and from molt didant
parts, which were not quite fo unfortunate, the
inhabitants will not part with their fupplies. Ano-
ther preffirre too, upon this city, arifes from the
bounty on imports of grain, which was allowed
during. the exiflence of the fah Parliament, cea-
fing from the moment of its difTolution, and :101.
yet being renewed by th•t United Parliamcnt.—
This cireumftance has deprived the market of four
American veffels, flour-loaded, which very I.4tely
arrived at Cove, and on learning that the bounty
was difcontinued, took their molt dciirable car-
goes to Liverpool.
FEL 25.—The bugle of yefterdayfubfided with-
out any Chock, the people being appeafed with the
promifes made them by General c YERS and the
Magiltrates. All remained quiet till this day
about noon, when the moll affemtled in mtn:li
greater numbers than yeflerday, prerfing and
beating all rcludant ones to join them. Many
thoufands are now parading the town with fome
degree of clamour.
THr EE O'CLOCK.—They are all peacea7)ly
perfed again, on receiving an engagement from
one of the Store-holders, immediately to retaii out
his Corn at a low price, and give his Mills to grind
it for the ufe of the Poor. • This example, it is
fuppofed, will be followed by the other Merchants,
in order to maintain the continuance of order.
The Military, who were ready, are returned to
their quarters.

The fon of Mr. Lewis, the Aftor, who received
a revere wound in the late Adion with DHOONDIA,
in the Eaf Indies, WAS completely recovered,
when the Ind accounts left Madras.

On Monday evening, between ten and eleven
o'clock, a fire brake out at a chandler-ihop and
coal-ffied in White Lion-firect, Seven Dials, which
entirely confumed the pre:nix-es, and two }mules
adjoining.—Fortunately,no live, wet c loft. Among
thofe perfons that efcaped, an aged woman was
particularly clamorous in exclaiming—" Oh my
Tom cat, and my bird!"
On Saturday night, as a waggon leaded with
hemp was going along Eaft Smithfield, a frark of
fire from a lamplighter's burger fell on it, which
was not (lit-covered till it began to blaze.—After
fomc difficulty the fire was extinguifbed.
On Sunday fe'imight the following fmgular rob-
bery was committe(Jat Monmouth : Tome thieves
got into the dwelling-hot& of r. EWA RD SAY CF,
and (tole a confidi.rablc quantity of plate; but
what renders it moa extraordinary is, their leav-
ing behind them double the quantity they took
away, cxclufive of a pocket-hook containing bills
to a large amount, and cafh that was alto l)ing
near it. Some of the family fiept over the room
whence the plate was taken, and others over that
by which it is fuppofcd the villains entered the
houfe.

The Church of New Brentford, Middlefex, was
early on Friday morning broken into by three
perfcns, who made great effiatts to diflndge an
iron chell, F.red in the wall, but being dilcovcred
by the family in the Parfunage-hurtle adjoining,
the Rcv. Mr. RANDALL, with his fereatit and the
watchman, were about to enter the Church, ohm
the villains ru(hed nut, one of whom filed a brace
of pißols at the watchman, and wounded him
very fevercly. on the head, after which they all
efTeded their efeape, leaving behind them a horfc
and cart, a brace of a dark lanthorn,
hand-crow, &c.
On Saturday fOnnight of A!,
dingham, Yorkfhire, dealer in corn. was convid-
ed before Tirnteas GAasoer4, I.lq. iu the penal-
ty of five pounds, on the info:math-in of JAMES
Cvtrusr, ref the fame place. Gent. for mixing
and adulterrting oatmeal and other grain of a
damaged aad unfound quality.
Monday night. between fever and eight o'cl.^ck
near Kennington cr.mmon, Mr. TWILF MAN and
his maid !cream, with a child, in a CIITTIAge, were
'topped by three footpads, v ty, rebbed Mr.Tw IlLt.
MAM of a 201. bank note, a gold watch, and
three fcals with antique engravings, betides a co.
cal licleng:ez to the child.

L.IW E . IG

cot:RT !Sr NCL!. MAP I! 4

FARL OF SI. VIS,L>.T D. 1 1:(. 1•1 R. I .

Jet,vis opcin.d tl;s
tinni Ivilich it apvt.p.o.i, th3t 11. k ,:01
fin- •loneyl,:n.l and i-cec;rz.t tilt I'Luut u:

Mr. Efts star flaltcd :Id10:1 b:.01.;!il
die Earl ‘4. S:. Viii.:eet Mr.
wlio is a Priec-kcat. in or,ler to reco-cr ti. to
him a Mtn of money which he received, and u Lich
he (Mr. E. i apprehended was recessed for the
..f the Noble hail (the PlaiutilT). The only de-
fence Mr. Tacl.t.r could was, that he retain-
ed that runt of money in his hands,. filbj...!i to lonic
faperior claim. He 11.1 d :rliood that Lord NA-
Gm cent:rled th::t he otei;lit zi, receive front Mt.
I,k,:r wai demanded of him by that ac-
tton. Lord Keith alfh etnecived that he bad a
titre to this looney, !le did not that day
mean to entOtce hi, claim. If the serdia of the
Jnry lhottld be in favour of the Noble Earl, it
would not operate as a bar a:_t•iiialt thofe two Noble
Commanders. The perfons interelled were all of
the 11;-..theft reputation. and wboti: names and cha-
rade: s 'nod 'ever rcmain dear to England. They
were alio tliends to one another; and this coutro-
serf: was by no means of a pecuniary nature, but
arofe out of the different opinions that had been
entertained o:t the fithjeet, as to the cullom of the
ler. vier. In the month of Oftober, 1795, the Noble
Earl Vll5 appointed Commander its Chief of his
Ma:lair's fleet on the Mediterranean lotion, and
foon afterwards, etc limits rf his coin:nand were
eziensied alon%; the coatis of Spain and Portugal
to Capi Tiniiierre, and the Noble Earl continued
in that corturand till November :6,1799. On the
7 Id. of March, in that year. and therefdre during
the exigence of the Noble Earl's command, he
fent orders to Captain Digby, of the Alcmene fri-
gate, to end ze on C* North Coal! of Spain. Capt.
Digby actually did cruize under thofe orders,
When he took two Spann fhips of great value,
which were afterwards libelled and condemned in
the Court of Admiralty ; and the itioeftion for the
tonfideration of the Airy was—Whether captain
Digby, having taken there two prizes within the
limits of the Moditerranean gamin over which
the. Noble Earl prefided—Captain Digby having
gone on this cruize under there orders—laving
continued under there orders utwevoked and Mire-
pealed—and even if the Noble Earl had returned
to this country, and Captain Digby had received
his orders from the Senior Officer left on the Ra-
tion—the queflion was, whether the Noble Earl
was not entitled to his &arc? It was perfatly
known to every body, that all prizes taken in the
war—that all the property of enemies taken in war,
belonged to the King, jure enrolee. But for the
benefit of the fervice, and fir the encouragement
of the Navy, which had long been the pride, the
ornament, and glory of Britain, his hi:hefty had
condefeended, by different Atli of Parliament, to
divert hiinfelf of the right to this property. And
therefore, generally, at the beginning of every
war, there was a Prize Ad palled for dint pur.
'sae, and a Royal Proclamation. In confequence
of thofe, all property of that kind—all prizes, were
divided among the different ranks of the Navy—
in fuels proportions as his Majefly thought fit to
dire.% It was quite clear there were but two
ways in which any perfon could be entitled to
prize-money. Seamen and inferior Officers muff
be on board the Ihip who took the prize, or they
mug be in tight at the time the prize was taken,
aid Troia be cernfiruEtively aiding and afflititsg.—
But the Superior Officers of his Majefty's Nary
were entitled en prize-money, not in confequence
of their aßnal pretence, am in confequence of
that confirtiaive aid, bet in confequence of' the
pri:cs Seing tnkea under the immediate direftions
and orders aic.l fn the °Ricers who took them,
or by virtue of their farrintending authority, by
their cornroaild, and within their station, under
whore orders the prizes were taken. It was not
neceffary, not had it ever been held, that the Ad-
miral commanding on any Ration fhould with hi.
own hand iffue the order under which the prizes
were taken ; hot it was futlicient if the orders
were ilfued by any tvrfon under his controul and
authority. Tice euettion arofe under theft eirctun.
fiances :—Tlie Earl of St. Vincent had devoted
his time and talents fo notch to his country, as to
everp'twer>tis crnrftitution by his unremitting for.
vices, infomach that it became neceffary to apply
for laave of alifence to the Admiralty, who, on
the ad of n.vvmber, *7A wrote a letter to the
Noble Ear), informing him they complied with his
regneft. and dented him to give to the next Senior
Officer who, in his alifepee, was to command the
fleet, fhci in!truttions as lie might judge neeellary.
The Nni"c Earl renstinued on his Ration a crnfo
derals'.e time after th it period, giving orders to
the different fnips under his command. At laft
he failed for k.ngland in his Majefly's fliip Argo,
with his flag flying as Commander in Chief. Upon
his arrival, it Wel4aLihlittely neeeffary for the Noble
Earl to apply to the Admiralty even before he
could come out of his fhip.
While Mr. ERSSINI was proceeding,
The AT TORN It Y F Nrlt A L interfered, and raid.
he appeared for Lord Nc!fen. Lord Keith did
not appear by any Count'. And if his Friend
stc.uld come to Inch achniffioas n, would enable
him to try the quellion, Le litot;!,! give hint re
trouble, as he und. rainod thrre was then no defence.
Lord KENYON fait—" would
take care to pay the moiler into the iitia hand,in
cafe it might Lr el:timed fontehody chi. His
Lordfhip ?aid, th:y would prove di: Diendant
had received the money, and that !he prizes vet re
taken within the roper latitudes."
Captain Digby proved that II: had emitted Urt•
t ti:7 the orders of the Earl of St. 's'incetw, and,
that during that •rei er fie lint; captured the Spa
bith frigates the F.i Thetis end S;nttet Ertl& mat I
Ferrol, on the 15th and f 7th of Geinbcr 1799. 18
appeared that Noble flare. to etrry.•
Matofer in Chi-I, amounted to 96711. Ss. and rh
G..ttsenn ta of :117 !toy, ceder the direction of the
6.13 Cur, r jr-7:r:, f•on,l a Verdict far him to
ree. anaciaut.--Vetlet for Phisistiir 0711.11,.;

couRT or COMMON PLEAS, ELLRUARY 22

DOE ex ektn. m. S(T SON.

This was an ation to provc val;dit y ui
purportin.2-, tobe the latt Will and Totament
of Nirs. Mary itobinfon, la::: of Itomruid, in the
Connty !tick.

PnSPD 011CrCi Elle r:!fe, and
bfrrved that the prelon was one of the grolkii
impofitions that had ever come before the public.
The Tellatrix was a Lady at the advanced age of
76, polreffing contiderable property, both landed
and funded, who had become the dupe of a
confidential fervant and her connections, and by
whole arts the had been made to tign a will, fhut-
tMg out her heirs from the participation of her
property, and in their room bequeathing it to this
tc.rvant and her then lover, the preknt defendant.
The way this was effeded, was by making the
deceafed intoxicated, and in the. moments of men-
tal imbecility, guided her hand in affixing her
tignature to an intimment the was wholly uncon-
felons of.—This tranfaelion took place in the year
17rt5, and the tefiatrix did not die till the year
1789, during which time no mention was ever
made of the will, nor perhaps would the affair have
been known at this moment, bat for the fortunate
circumflance of one of the relatives of the deceafed
meetig by accident with the atteflingwitnefs to
the will, a fervant lad of the defendant's, who
had been turned out of his employ ; and from
whole anfwers to interrogatories put to him, the
fabrication was difcovered. _ _

The bill was then produced and read, in which
a perfon of the name of Staines, the tellatrix's heir,
was cut off with a Chilling; and the defendant
Stevcnfun made refiduary legatee, after certain
legacies thould be paid. One of thefe legacies
was that of zoo'. to a perfon for whom it was
known thed eccafed had greataffeftion,and another
was of 4001. to Betty Bodkin, the fervant allud-
ed to, betides zol. to another fervent in the fami-
ly, and mourning rings to various of the deceafed's
acquaintance. The fubfcribing witneffes were
Meas. Gale and Reynolds, an Attorney and
his Clerk, lance dead. _

The principal evidence called was a young man
of the name of Cooperfon, who fated, that in the
year t7SS, he lived se kb the defendant and his
mother, who kept an orange ware-houfe, and that
one afternoon, about four o'clock, hi was told he
muff go immediately in a poll-chaife to Romford ;
svitnefs faid, he mull flop to put on a clean thin,
[nit was defiriti not, with the remark that if be
went inftantly, it might be a shirt or two in his
way. %Violets then fet off, and arrived at the
White Hart Inn, Romford, where he found his
matter. At twelve o'clock at night he was coo-
dueted to the houfe of the teftatrix, and led into
a room where Mrs. Robinfon was fitting, appa-
rently much enfeebled, and fcarcely able to hold
herfelf up; that Betty Bodkin was alto prefent,
that the two firtt fhects of the will had been figned
when he entered the room, and the third Mrs.
Robinfon was in the aEt of figning ; that the made
one or two attempts to write, but could not, till
her hand was guided, and the fignature effeEted in
the witne's's pretence. That on his return to Lon-
don, as he was going up !lairs to bed, Mrs. Ste-
venfon called out to him, and Paid, Is the tnifi-
nels done I" Witnefs replied Yes Madam:" on
hich Mrs. S. exclaimed, o Then the will is fi-
uithed." Witnefs after this had four shirts given
to him as a prefent for his fervices.
Mr. Andrews, an apothecary at Romford, knew
the deceafcd for many years, and attended her in
her lalt illnefs ; was afturecl that in the year tylls,
Mrs. Robinfon enjoyed a good fate of health,
and that nothing at that time, nor from that pe-
riod till her death, did he know of her having
made a fccond will ; he underftood the had made
one about two years before, but further he had no
knowledge. That on the day the died he called,
at the houfe about twelve o'clock, and tithed
Betty how her nihirefs was the replied the had
fallen into a doze, and lay qnite fill ; the witnefs
laid he would call again, if that was the cafe ; in
about two hours after he did Cu, when Betty again
Ctiot her millrefs was fleeping ; the witnefs then
inti:ted on feting his patient, and on going into
the bed-room, found Mrs. Robinfon was dead,
and had bevy laid out; from all appearances he
fuppofed Ille might have died prevroully to his
calling the fiat time. The witncfs told Betty that
her eionoluS was csceedingly Itrange; when the re-
plied, that it was her nuftrefs's requeft her death
might not be known till fomc time after her deceafe.
The Rev. Mr. Strachan deputed thatehe had
been a fubfcribing witnefs to a will made about
two years before the one in queftion, and that he
had never heard of any other, though he had been
in the confidence of the deceafcd up to her death.
The defence let up was, that Mrs. Robinfini had
qu orrelled with her relations, and was determined
to cut them off ti out any benefits they might re-
ceive from her fortune; that the was a woman in
no WAYS Given to drink, and that her weakncfs
was wholly occafioned by illnefs ; that the will
was her own ael and deed, and that the had, on
all occafinns, 'poke with the greatett affeaion of
Betty Welkin, infomuch that the people of Rom-
, Bleed, nick-named her Betty All I alluding to the
' general opinion that the would come in for all
Mrs. Rohinfotr's property at her death.
Mr. icrjeant Sit rrat RD made an able reply to
the defenee, ohfcrvin:, that the only queftion for
the Jury was, whether the pretint initrument was
or was !lilt the ss ill of Its. Mary Robinfon Af-
ter much argtimar, , drawn from the evidence, to
prove the fraud, Mi. SHEPHERD was proceeding,
when one at the Jurymen interrupted him, and
(listened, they were latisfied in their minds.—Vcr-
dift los plaintiffs.

MARCH 1:-•LIVY1.. caoss.

' This was an alias to 'recover damages for a
br4..ich of cootraa under the foll'inein circum-
-11 Ances :—The Defenthint 'oven:toted by one of
• his agents retiding in Micily, to confign to the
T a lame quantity of rags. and inland them
the port of I Arojon Jly and in good condition.
The veal cootain.ag the goods arrived in the
Medway. and there, as having come front the Me-
ARCM" was immediately fubjetted tai the law
viquanatias. The maker of the veal judging

it moll. convenient for himfelf, as wrll as moft ad-
vantageous tOr the owners, determined to tend the
nods up the River in :t lighter, to Le delivered to
;he Plaintill in London. On itifPedion they were
haled to be much dainaged, and on fate a great
part for a very inferior price. The Plaintiff
rdifit;iy brought his action to recover, and
fi!Lianti,ted his cafe by feveral witnelles. On the
part of the Defendant it W:ls attempted to be
proved that though the goods on delivery were
fo.n. what damay,ed, this arole horn no negligence
on his pat t, and that the damage %vas incr.:aced by
the delay on the part of the Plaintiff, in ordering
the delivery. Veritia for the Plaintiff, 2521.

MARCiI 3.—PARKER D. PASS.
This was an ac ion to recover damages from the
Defendant for an infringement of a patent obtain-
ed for the !Tant:. and of cement :r mor-
tar, prepared in' fucli a manner as to loaf&
greater hardncfs and durability than any form .rly
in ufe. The fpecilication dated, that this cement
was lobe formed of moduks of clay, or, in other
words, of !tones partly calcarious and partly ar-
gillacious in their nature, and pointed out the
manner in which this lubflance vois to be prepar-
ed, fo as to produce the defined effcft.
A Gentleman who had paid a confiderable at-
tention to fubjeas of chymitlry and natural pilau.
fophy, was firft called on behalf of the Plaintiff,
and his tvidencc went to ellablifh the clearnefs of
the terms of the Ipecification, the novelty of the
invention, and its great excellence and utility. A
number of other Witneffes in the various trades
where this 11114i:ince is tired were nett called, and
their teflimony was clear and explicit as to its
being altogether unknown to them prior to the
granting of the patent, and of its high value in
the courfe of their bufinefs. The fa& of the in-
fringement was alto proved. On the part of the
Defendant. it was attempted to be proved that a
fimilar invention had been pradlifed in remote
parts of the country, almoti forty years ago ; hut
the evidenceofthis fa& did not kern to befatisfato-
ry. It was fartherendeavotnved to be (hewn that the
Reines mentioned in the fpecileation were known
and did in different manufaories before the
patent was obtained ; but though it was }hewn
that there was a great fitnilarity, their complete
identity was not clearly efiablifhed.
Dr. Babington and other medical gentlemen
gave a fcienutic account of the feveral fithilances
prefented to them.—After a very excellent charge
from Lord ELDORI, the jury found for the Plaintii.
MARCH 4.--:TOCLENC 1150 (.0. V. CLAY.
This action was coniiderably complicated, and
occupied the attention of the Court for a very
long period. Without cnteting into all the mi-
nute details of the cafe, we Iliad confine ourklves
wholly to the points on which the verdift turned.
The declaration confided of three counts, in the
two firß of which, the Dehndant was charged
with refuting to :dlow the Plaintiffs, by their
agent, to remove forty-fix hogtheads of tobacco
out ofi ware-houfe belonp,int to his Majcily, and
with transferring these goods to other perfons
while the Plaintiffs' lien upon diem continued. A
third count charged the Defendant with trover
and convection of the goods in Talbott. It ap.
peered that the Plaintiffs, who are Swedes, were
owners• of a fhip, called the Ftatuna; that the
Captain of the fhip entered into a chatter party i.or
a certain fun with a Mr. Tupper, either the part-
ner or agent of Mingay and Son, of the ifland of
Guernfey, to go on avoyage bay.ixt Guerialey and
Norfolk-Bland, and to bring back a cargo of have.
and tobacco, and that 61. per day was to he al-
lowed after the running days were expired. The
ihipretumed in August, 1799, and on its arrival
was prevented from landing the cargo by an or-
der of Batt, which was then in force. A variety
of applications were made to :sfr. TuNier re fpec*-,
tins the delay of the fhip, all of winch proved
fruttlefs • the Captain .at sailed for London.
hawing the bill of lading. as far as concerned theft:
hogfheads of tobacco, indorfed to Meifrs. Lamb
and Younger, merchants of time eminence, to
whom they were contigned. The agent of the
Plaintiffs, previous to the time that the goods
were depofited in the warehonfe of which the De-
fendant had the charge, informed him of the ell--
cumftance that they would be there placed, and
feveral times afterwards reprefented that the
Plaintiffs had a lien on the goods till the freight,
and a turn for demurrage, was advanced. The
goods were however transferred to Mt:firs. Lamb
and Younger, by the Defendant, and under theft
circumstances the anion being brought, the pre-
ceding ftatement was fubflantiated by the tellimony
of the Plaintiffs' witneffes, who farther explained
the character in which the Defendant (lands as
warchoufeman to tranfad butinels betwixt the
different merchants. The Defendant's Counfcl,
Mr. Scijcant BEST, took feveral objeCtions in point
of law to the aft ion, which were referved by Lord
ELDON for the opinion of the Court, though his
Lordship Was not inclined to think any of them of
mlich weight. It was contended farther, on be-
half of the Defendant, that he had from his lima-
tion no fpecific power to deliver op thcfe goods--
that an order for their transference had been given
by the C.ommillioners of Cullom., and that it was
incompetent for him to difishey this order. In
order to invalidate the count in trover, it was pros,-
el that the goods at this time were Ilill in the fitme
warelioufe when they were depofited.
Lord F.i.nosi took a very comprehenfive view of
the whole law of the cafe, and laid it down clear-
ly, that according to the Tobacco :la the Defen-
dant had no right, under the cireunillances (f the
cafe, to refore to deliver the goods to the agent
of the Plaintiffs, or to transfer them to any other
peckin, even under the orders of the Commit=
honer: of Calms, without dill biting to them the
manner in which they were &poked. His Lord-
fhip then adverted to tire circumfiances which had ,
induced the matter of the flap to proceed to Lon-
don, end Rated the reafons which induced 1::m to
think that demurrage for the delay of the landing
~f the roods, as *at as the charge: attendant on
:his delay, fhould be granted. The Jury, without
fothid A vdtclia for app. freight from
Norfolk to Gnentfri, Et): roe. freight from
Camitrey to London • and the other thattes were
ldt tv be **kid br the fbetatn of the jog:

AIRTIis:

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Ems. 14

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of s

the wifc of Michae. Efq. of
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ct, yth LI!. at Guenock, Alta. ii wik or .
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tl'.o t: if: tlx Rcv. I ,: 1, of a dalter-t.