Star.
London, England, 1809-12-23 00:00:00

His Majesty's ship SiATAII.Pitt Mahon, Nov. O.
We arrived here on the 14th inst. with our whole!
fleet, 14 sail of the line, besides frigates and brigs, I COURT OF CHANCERY, DEC. 22.
to complete water and provisions. The RElsowN, I COCKEREL V. BARBER.
TIGER, and INviweints., are gone to Gibraltar to? Mr. HART stated that a new' claimant hid started
refit, having sustained considerable damage during up, asserting that he was next of kin to the late Mr.Bar-
the late gales. The Tartsieu and ZEALOUS ore gone her. It will perhaps be recollected that a great deal of
to Cadiz. The CENTAUR and WARSPITE arrived here litigation has taken place, both at law and in equity,
yesterday. Admiral THORNBOROUGH has shifted his to ascertain who were the right heirs of a Gentleman
flag from the ROYAL SOVEREIGN to the APOLLO, for of the name of Barber, who had acquired a consider,
a passage to England. A new Governor has arrived. able fortune in India, and very soon after his return,
TO THE EDITOR OF THE STAR. died in London. The cause had been sent to a Jury
'to decide between the claims of different parties. An
India Arms, Gosport, Dec. 22.
application for a new trial was afterwards made,
Sin—To my great surprise! I read in your paper .
of the 20th inst. an Extract of a Letter from a young which the Chancellor refused to grant.
Officer, who says he suffered shipwreck on board the Mr. HART having stated, that a petition had been
I
Harlequin hired armed ship, on Seaford Beach, and presented by the fresh claimant to be allowed to
, prove his case, requested that the hearing might be
that he was washed off three times, and saved the
lives of my wife and child. I have to contradict this I postponed to give him time to prepare the best evi-
assertion in the most positive term , and 'that the i dente.—Ordered.
praise may be bestowed where it has been truly me-
rited, I think it but fair to state, that had it not been
for the generous exertions of Captain HILL, Royal
Navy, Commanding the Sea Fencibles, at Seaford,
and the Officers and Men of the 81st Regiment, all
the lives on board the Harlequin would have been
lost. As for the lambasting of this young Officer, it is
truly ridiculous, for I believe he was driven on deck
to save his own life.—l am, &c.
JOHN CARTER, Lieutenant, R. N.

LAU, INtELLIGENCE,

COURT OE KING'S BENCH, bEC. 21.
STEVENS v. LYNCH.
Mr. Gaintow stated this to be an action on a Bill
of Exchange for £5B, drawn by the Defendant on a
person of the name of Jones, who, he knew, had ac-
cepted the billfor his accommodation, having no funds
of the Defendant's in his hands. This circumstance
rendered it unnecessary for the Plaintiff, the holder
of the bill, to give notice of the dishonour to the
drawer, as he must, in ordinary circumstances, have
been obliged to do, for the Defendant, knowing that
the acceptor had no funds of his in his hands, could
not complain of having been taken unprepared.—
The Learned Counsel should shew, however, in ad-
dition to this, that the Defendant had afterwards ac-
knowledged his liability to pay the bill in question,
and had undertaken to 'pay it.
The hand-writing of the parties, and the acknow-
ledgement of his liability made by the Defendant up-
wards of two months after the bill became due, were
fully proved.
The ATTORNEY-GENERAL, for the Defendant, con-
tended that the acknowledgement of his being still
liable for the debt, made by the Defendant, at the
distance of two months, could not bind him, if any
circumstance tending to release him had occurred, of
which he was then ignorant, or had no notice. This,
he should demonstrate, was the fact in the present
case. The Plaintiff had granted to the acceptor of
the bill an indulgence for six weeks after it became
due, and had afterwards renewed that indulgence.
Either of these, his Lordship would inform the
Jury, was a complete waver of the liability of the
Defendant.
These indulgencies were proved by Jones, the ac-
ceptor of the bill.
On his cross-examination by Mr. GAEROW, how-
ever, he was obliged to confess that the Defendant
was acquainted with these indulgencies having been
granted to Jones, soon after they were granted, so
that the objection of the Attorney-General fell to the
ground.—Verdict for the Plaintiff—Damages 2E58.
WILKINSON V. KING.
This was an action of Troyer, by which the plain-
tiff sought to recover the value of a quantity of lead,
his property, which had got into the hands cf the de-
fendant. The plaintiff had been in the use of land-
ing.his lead at the wharfs of Mi." Ellill, and of de-
positing it there, till a sale could be effected. Mr.
Ellill, however, it would seem, without consult 7
ing the plaintiff, had treated the lead in question as
his own, and as such he had sold it to the defendant.
He had not, however, received the price, though
bills had been granted for the amount, and to recover
the value of the property sold the present action was
brought.
The defence set up was, that Mr. Ellill had been
in the use of dealing with he property of the plaintiff,
without his previous authority, in the same manner
its he might have done had his disposal of it their full
knowledge and approbation. He knew the fair mar-
ket price ; he knew that the lead was deposited with
him for sale, and whenever a purchaser offered he
sold it, taking bills to himself, and paying over the
amount, when he received it, tcethe plaintiff.
Mr. Brown, who was the agent for the plaintiff,
and Mr. Ellill himself, when called on, declared that
such a circumstance had never occurred before the
present occasion.
Verdict for the plaintiff—Damages £223.
DEC. 22.—MASSON V. SOMES.
Mr. SPANKIE, on the part of the Plaintiff, stated
that this was an action, by which the plaintiffs, who
are the Proprietors of a West Indiaman called the
lame, sought to recover from the defendants, owners,
or a coal trader, called the Francis, a compensation
in damages for the injury done to the Fame, by the
Francis running foul of her, while coming up the
river, a little below Halfway-reach. It was proved
by several persons on board the Fame, and by others,
Who were uninterested spectators of the proceeding;
that the Fame was coming up the Reach while the
tide was making, and that the Francis followed im-
mediately in her rear, heavy laden, and in full sail
before the wind, in such a track that if the Fame had
felt ground for a few minutes the Francis Must have.
run foul of her. The Captain of the Fame, aware of
' the danger to which his vessel was thus exposed, called
out to those on board the Francis that they were too
near, and that if he took ground they must rur
foul of him. The answer of the master of the Francis
was, that he feared nought. Again, when opposite
to Raynham Church, he called out, and told them
they were wrong, but received no answer. He then
increased his own sail, so as to add to the distance
between the two vessels; but, finding that he touched
the ground, he again hailed the Francis, begging that
they would chop their anchor or put their helm a star-
board, in which case they could have cleared the
Faire. The consequence of the Fame's gettinf
a-ground was, that she wheeled about, which the
Captain of the Francis must have seen, if he had aL
tended to his duty, and by observing the suggestions
made to him, might have passed clear along. Insteae
of this, however, he put his helm a-larboard, and
•struck on the Fame's starboard beam, so as to knock
in the side of the vessel and to occasion her great da•
mage, so that she was with difficulty kept from sink
ing.—On tile part of the defendant, it was argued,
that the Francis had proceeded in the regular and or-
dinary course up the River, and that the whole blame
lay in the Captain and Pilot cf the Fame in proceeding
up the Reach more than an hour before s!•.a ought to
have done so, from the depth of water she drew.
Several witnesses were ad: uctd toproit this point
- ;

CITT ELECTIONS.

SECOND DAY.—The .following was the state of the
poll yesterday in the several contested City Wards :
• ' New Candidates.
ALDERSGATE WARD.
144 'qvlr. Paxton
- 137 • rhomas
- 134 Rowel=
- 131 Loveland
- 122
ALDGATE.
Mr. Taddy . 196 Mr. Favell
Deputy Weddell 133 Druce
Thorpe - 132 Robinson
'Bickerstaff - 104 Taylor, declined.
Messrs. Robinson and Taylor resigned, and the
other six Candidates were duly elected.

Mr. King
. Aldridge
Fisher
Turner
•Beta

- 120
• 117
- 97
- 63

- 103
86
82

BISHOPSGATE.
309 *Mr. Davis
186 !Marsh
188 Poynder
184 Knight
171 Gould
170 Gov&
166 •ludkins
161 •Blundell
158 •Titford
143
BILLINI
80
59
57
57
46
43
41

Sir W. Rawlins -
Mr. Clode
Duffell
Greenaway -
Nub

• 139
- 137
.. 135
~ 135
• 129
- 119
• 118
- 113
- 110

iVhlt e
Windus
Fricker
Ross
Clarke

Mr. Deputy Ord
Brown
Dornford
Edis
Heaney
Dickens
Dunkky

• 40
▪ 39
38
▪ • 34
▪ 27
26
▪ 23

'sGATE.
Mr. Hanson
'Sampson
Sudlow
"Piper
'Pickard
'Lowell
'King
LET WARD.
Mr. George Sharpe
. Joseph Hearn
'Nathaniel At cheson
Robert Chapman
Richard Causton
William Cotterel
YNARD.
Mr. Slade .
Box -
Farrance .
Hurlocke -
. 'Pearson -
'Welch -
EWICK.
I Mr. Goombridge -
Fossick -
Gale .
1 Platt ..
Mander ~

Mr. Thomas Marriott 63
Thomai Crockatt 58
*Thomas Clarke .56
Henry Blaxland 55
John Patterson 48
_James Arthur - 46
CAS2LEBA'
• 81
76
• 72
▪ 72
• 69
.68

Mr: Griffiths
Hurcombe
Fenton
Howell

Treacher
Pownall

Mr. Walter
Kirby
Whitby .
Welch
HuMpleby

70
59
47
45
45
Clll
70
69
68
66
65
61
51
CORDWA
87
87
75
72
68
65
61
CRIPPLEGAI
100
991
89
86
78
76
▪ 72
CRIPPLEGATI
• 150
▪ 142
• 115
FARRINGDO!N
363
337.
317
304
304
303
299
296
281
LANGI
95
81
84
84
70
56
PORTSOKI
180
172.
171
146
TON
97
93
92
89
88
85
84
WALL
Mr. Ashby - 84
,
Williams
Pearce •
Be W 1
. ••
•
Margarey • • ?It
Mr. James reeigned, sodas otter Candidates were returned.
The polling *ill finally close this day.

Mr. Cummings .
Loxley
Wright
Wigan
Cheesewright
• Smith
Fournier

'Mr. Farr
Swift
'Dollman
Hale
Mawman
Williams

Mr. Hick
G. A. Smith
Kemble
Hamm=
Rowe
Abby
Trimbey

•Mr. W. Jones -
Watson
•Redder
-
•Blake
-
•T. Jones
-
•Gardner
-
•Smitd
'E WITHIN.

*Mr.Heygate
Kerl
Delver
Hardy
Burt •
*Waterhouse
*Habbenen

Mr. Higden
White - •
Valiance
-
•Nightingale -
•Docksey
-
• Palmer

Mr. Dixon
•Crouch
Pullen

WITHOUT.
Mr. Daker 78
Dolly 51
J. G. Browb, resigned.
WITHOUT.

Mr. Waithman
-
•Yontitex •
Crook
Herring
-
•Quin •
Reeves
Young -
Dawson
Miller

Mr. Griffith
Bardin -
T. Reeve •
Breiver
Wright
Nicholls
Murrell
Harper

IURN.

Mr.-Phillips
Bodley •
Rankin
-
Ayres.
Dixon •
Maskew
Wet herby

Mr.
WETliilotst.hire
Taylor
Piachback •
Anaersonj -
Stubbing

Mr. Colebatch
Hoppe
Atkinson
*Carter

WARD.
Mr. Rea
-
•Briscoe
Hewson

Mr. Wright
Hutchinson
Driukald
I.ucas
Skipper
Bridges
Dixon

Mr. Laing
-
•Smitb
Stewart •
Cawthorne -
Goff-
•Hartehorne -
'Mills

•

• Mr. Ryde
4' Ross
• lisywood -
James -