Star.
London, England, 1802-11-13 00:00:00

BRIGHTON, NOV.

The Subfcription Ball, at the Cattle, on Monday
night, was honoured with a numerous affemblage
of beauty and fathion. Among the molt diftin-
guithed prefent were, the Panics of WaLas, the
Ruffian Counters of Gsarszzovv, Mademoifelles
Gaasazzort, and Vtica SCOFIN Lady S. Daiw,
Lady V. MUILIAY, Mrs. FITZHIRBRT, Rev. Mr.
BLoonsuaom, Baron MUNCHAOIIIII, Captain
BLOOII7IILD, the Officers of the voth Light Dra.
itoooot Rc. His Royal Highnefs entered the Ball
at an early hour, and with his Wind affabi-
lity and politenefs, enlivened the company until
nearly one.
On this day the Countefs of GIRIIIZZOVV, Ma.
demoifelles Gsßesz zoo., and Vona Sears, Mis.
FiTZNIRIBBILT, Lady S. DREW, Lady F. MORILATp
Captain Bcoostrist.v, Baron MVIICHAVSSitio and
fiveral other perfons of dittinEtion, dined with the
Panic, of WALIS, at the Pavilion.
In the evening there was a Concert. At the
conclufion of the mufic, the company fat down to
an elegant (upper, and at length retired, highly
delighted with the entertainments of the night.
The artillery.had a field-day on Taefday, on the
Downs to the north of the town. His Royal High-
nefi, contrary to general expedfation, wag not
prefent.
.a.
Arrivais...Dowager Count& of Loan, Lady A.
Mifs Hume, Rev. Mr. Cook, Mr. Havard, Mr. Gollaurlki
and Mrs. R. /C ton, Mr. F. Ladbroko, Mils Cortwolato-.
Mifs Papirscan,llr. Grin' Mr. Gill, Lady Jones, Mr. Mop
ley,Miffs Hairrard, Mr. /fn. and Mif. David:on, Ste.
Demarco...Sir C. Kent, Sir Sidney Smith, the East and
Coast& of Clermont, Mr. Frandlion, &e.

Lord and Lady CAtLITON left town yellerday
for their feat in Hertfordthire.

Lord Sotrruaserron arrived yeßerday at his
boufe in Stanbope4treet, May Fair.

By a late decifion, Come elate, in the city, of
the annual value of more than tatentythoxfandknault,
will immediately devolve on a perfon who has for
many months worked as a journeyman carpenter
at Epfom.
The Swimming Lady at Ramfgate is an excel-
lent punter. Soon after one of her leffons in Na-
tation, shivering with cold, her hair Rill dripping
brine, a Watenng-place Wit very clatlieally liken-
ed bar to a Nast' Oh, Sir, (aid the, if you
could make me a ihysi P'

A great number of French grail: have been
brought alive from Dieppe to Brighton ; and as
many dozens have been puckered for the purpofe
of turning out in that neighbourhood, it is upetted
the next radon will produce a amfiderable degree
of this dainty fpecies of lance.
AIPPOIIITIIIIPT.—MT.THOINAS PITT, lateMaiter
of the Puncs. of 911 guns+ is appointed Malta
Attendant to bis Majefty's Dock-yard in the !Band
of Aatipa, coninuatio of bit krvices in the
, Meditenaneasroks osier the commod of Earl
81; V.--ftak.g..l.-=..-2r- GRIM

LIU/ INI EL LIGENC4,

COURT OF KING'. BENCH, NOV. O.

Mr. QUINSY moved for a Writ of Mem/dram
to the Lord Mayor and Aldermen of London, or to
whom the Court fhould be of opinion it concerned;
commanding them to order the Overfeers of the 1
.Parifh of St. Botolph, Aldgate, to appear before
them and verify their accounts. Part of the pa-
rifh of St. Botolph was in London, and part in
Middlefex. Upon application to the Lord Mayor
for a fummons to the Overfeers to pars their ac-
counts, he refuted it, laying that the !Raines of
the City was divided between him and the Sitting
Aldermen at Guildhall, and that it was within
their jurirdiaion, and not his. The Sitting Al-
dermen were applied to with no better fuccefs, and
at lel Sir Richard Carr Glyn laid, he did not
think he was empowered to grant' a fommons.—
The parties who made the application had a copy
of the Overfeer's accounts, in which there were a
variety of objectionable items.
Lord ELLstiaoeouott.—Take a rule to fhew
caufe, and ferve it on the Sitting Alderman, who
muff give a fpecific refyfaliniflic A (platens.
41,76itst-A.A. v•
This was a cafe of confiderable importance, in
as much as it refpeaed the whole of thelandholders
in the kingdom. It was a cafe nerved from the
Midland Circuit, for the opinion of the Court, up-
on the following circum (lances :—lt was found
that the defendant held a farm of the plaintiff for
a term of years, and that pending his term he made
feveral ereaions on the grounds, viz. a cart houfe,
a pump houfe, a colt flied, and a carpenter's (hop,
all of which had their rioqadations in the ground,
'aid were affixed to the freehold. They were, ex-
cept the carpenter's fhop, all open buildings. At
the expiration of his kale the defendant took thefe
buildings away, for which an aftion was brought
by the plaintiff, his landlord—and the queftion re-
ferred was, whether the tenant had a right to carry
away, at the expiration of his term, fuch erations
made by himfelf
Mr. Serjeant VlUGaes took an elaborate view
of the law as it regarded wage, and quoted autho-
rities from the 17th of Ed. IL down to the pre-
fent day. From thefe 'it appeared that by the
ancient rule of law, whatever was once fixed to the
freehold became a part of it, and could not be re-
moved without fubjeaing the party removing it,
to an aa ion of trefpafs. The relaxation of the rule
in favour of trade, he Paid, was not a modern one,
and quoted an inftance in the zoth of Henry VII.
where a furnace fixed to the freehold was allowed
to be removed. He next cited cafes to thew where
Ream engines, falt pans, kc. had been held remov-
able by the tenant; but he contended, that no in-
Rance was to be found where buildings like thole
in the cafe before them were fuffered to be remov-
ed. All thofe cafes which related to buildings, were
cafes in which th% buildings themfelves were laid
upon blocks or rollers, and not fixed to the foil.
Mr. 13/LOUY, on the other fide, contended, from
the cafes relaxing the old rule of law, that this
principle was deducible : namely, whenever a man
ereaed a building for the purpofe of his bufinefs,
or for the " more profitable enjoyment of his
land," he might remove fuch building at the ex-
piration of has leafe. As inflances of exceptions
from the old rules of law, he quoted, betides the
cafes of engines, that the tenant could now re-
move marble chimney pieces, wainfcot, &c.
The Court laid they lhould take time to confi-
der of their judgment.

SMITHIE W. EDINIONSOII.

This was an action upon a bond taken by virtue
of the fiatute of s Geo. 1. c. 30. feet. 23. " For
the preventing the taking out of Commiffions of
Bankruptcy fraudulently or malicioufly." By
which ftatute it is enacted, that the perfon filing
out a Commiffion of Bankruptcy fhall give bond
to the Chancellor, conditioned in a penalty of sool.
to proceed on fuel Commiffion, acc. and if it fhall
appeal' that4the Commiffion was taken out fraudu-
lently, the Chancellor fhall order fatisfadtion to be
made to the party damaged, and affign the tlond
to him for the better recovery of the fame. In
this cafe the defendant, ,Edmonton, had feed out
a fraudulent Commiffion againft alierfon of the
name of Webb, with incept, to delay.otber credi-
tors. This. Commiffion was' fuperreded, syrd ano-
, thee' obtained .by .the prefect plaintiff, and the.
Chancellor ordered the dins of the former C.om-
miffion, bei npwards of 191. to be paid bb. Ed-
monton, anjalfo iffigned the bond given bf him
to the pretest plaintiff,..s4itboist binifellaffeffing
any damage" in confetpkoce of the former frauds..
lentCotiimaM.
- The cafe argiedlif Mr. WOOD' and Mr. i
'LAW'S.. The 11,*r contending that
the penalty in Aloud wai only meant to fecure
Inch damages Chancellor (hould find, by his
order, had arifenin confequence of filing out the
Commiffion fraudulently. And that when be had
direEted that the defendant fhould pay the 191. 135.
4d. the amount of the colts of the fraudulent
Commiffion, the affignment of the bond was meant
only to fecure that lam.
Mr. WOOD, on the other fide, contended, that
the whole penalty iiiittieTkeflibleisZead a re-
port of the cafe when Uteri' tht . "to
Phew that his Lordfhip had not intended merely
to award the coils of the Commiffion.

Lord Ecuisisoaoucit Paid, it *as admitted
that the Chancellor might affefs the damages, and
affign the bond for recovering them. To whom
was he to affign ? to the party injured : and could
there be any doubt but that every bong s creditor
was injured by the delay of a fraudulent Commif-
lion 1 As the Chancellor, in this cafe, had affign-
ed the bond, without abridging the damages, in
his order, the Court mai take it that he had found
the damages to amount to the whole penalty of
the bond. The other Judges concurring, the plain-
tiff is entitled to judgment.

CRIMINAL INFORMATION.

Mr. CLARKS applied for leave to file a criminal
information againft J. Moffat, Efq. and Mr. J.
Powey, for a Mel. He Rated from his affidavits
that Jofeph Haider, an attorney, in Worcefier-
&ire, was employed in January 1798 by Mr. J.
Powey, a merchsint is asharralfedyircumftances,

the talk with the greatell integrity ancrEigenee,
and made an affignment of Powey's effeas to his
creditors. Afterwards a book was publilbed by
Powey and Moffat, with the following title :
" Fruit: of Banirlxty, in which are expofid the An:
V` Atom's, being a caution to the unwary tradtfinan hove
be trujit Mop' into their h.inds. TRUTH IS MIGHTY.
AND WILL PREVAIL." This pamphlet was filled
with abute of Mr. Haitley. At page 15, airer
mifreprefenting what he had done, it accufed him
of " artifice and chicane," and Paid that " he
coiled hintlelf up like a ferpent." In another
pace were there words:—" Haitley had always
his eye upon a bankruptcy, an allurement which,
I fear, few attorneys are able to withitand."
Lord ELLENEOROUGH.—Indift, or bring an
thion.

Mr. CLARKE obfcrvcd, that he had not yet Elat-
ed all. Haitley had received a letter from theft
gentlemen; when (peaking of an affidavit lie had
fworn, they laid, ‘‘ Thou mull know this was a
fabricated nett of premeditated untruths."
Lord ELLlwaottouou.—ls this any thing more
than a country fquabble between an attorney and
his client, which may be very well fettled by a
country indklment
Mr. CLARKE urged that attorneys were entitled
to extraordinary protection, fince a fummary ju-
rildiaion was exercifed over them when they did
=ifs. Mr. Harrifon, betides, was anxious to
juitify his conduct to the Lord Chancellor.

Lord Ei.Lawnoanuou.—There will be no rules
Rule refufed.

CRIMINAL INFORMATION.

Mr. ERSKINE moved for a Rule to (hew caufe
why a Criminal Information should not be filed
again(} Kinman Allenby, Efq. He founded his
motion on the affidavit of Mr. Maddifon, a Jul-
tice of the Peace for the town of Louth, in Lin-
cointhire, which Rated that himfelf and another
Gentleman who acted with him in the Commillion
of the Peace, had fome time fince received a profs
affront from Mr. Allenby, which had made it ne-
ceffary to apply to this Court for a criminal in-
formation againft him. His offence confined in
his fending an impertinent letter to the Juftices
enclofing an halter. Upon the receipt of fo in-
tuiting a line, they thought proper immediately to
move the Court, and a rule to (hew caufe was
granted. Not content with this violation of de-
corum and good manners, Mr. Allenby went
about boafting of what he had done, and the infult
he had offered to the Magiftrates of the County;
but upon the rule being made abfolute, he began
to come to his fenfes, and to confider of making
a fuitable apology. The Magiftrates having infli-
tuted the profecution with no other view than
that of public juftice, were happy in contenting to
give him an opportunity of atoning for his con-
duet, and they contented to accept of his apology
contained in a letter to this effect :—" Gentlemen,
I affure you I feel the fincereft contrition for the
intuit I have offered you, and I am ready to pay
you that refped to which you are entitled. I beg
leave to acknowledge the obligation I am under
to you, for I had no right to expect that any ex-
eufe I could offer, would have been accepted. I
defire you alto to receive my affurance, that I
(hall always be ready to fupport the civil power,
and have only to add, that you are at liberty to
publifh this acknowlegement of my error in any
manner you may think proper." This letter ap-
peared to be written in fuch a ftrain of liberality
and refped, that the Juftices thought they Ihould
not in the leaf( be committing the dignity of the
Magiftracy by receiving it as an ample apology.
The Learned Counfel obferved, that although he
was ready to admit, with regard to difputes of a
private nature between man and man, there ought
to be a certain degree of delicacy preferved in the
mode of giving publicity to an apology ; yet,
when an infult was offered to the Magiftracy,
thofe who were the objects of it had a right to
publint the atonetricnt :in a circle as wide as that
in which the injurribillt, been propagated. The
Magiftrates accoraigly4d this letter printed in
the Newfpapers. The affidavit of Mr. Maddifon
further Rated, that force time after this tranfac-
tion, he was walPtigthrough the fireets of Louth
on a market day;when he was accofted by a per-
fon, whom he inftantly recognized as Mr. Allen-
by, and who addreffed him in thefe terms:—" You
,are no Gentleman; you was not content with
polling me at Louth, but very much unlike a
Gentleman, you muff go to Gainthorough, your
native place, and pott me in a Barber': ft:v."—
.46 If," faits Mv. Erikine; " he was contented to be
,pdftend ?at Louth, I fee no reafon why he fhould
have objected to 'a' Barber's :hop—it is of all
places the very one in which a man thould rather
prefer being potted—for in fuch a lyceum of un-
JI referved ditcuftion, it is molt likely all the cir-
;.ctunflances connected with the difpute which gives
rife to the polling, will be fairly and fully invetti..
gated; wherefore, of all places to be potted ins
give me a Barber's (hop !" Mr. Allenby, how.
ever, thought otherwife, and continuing his abu-
five language, he added, " Though you do not
deferve to be treated like a Gentleman, I will meet
you as one." . Mr. Maddifon Paid, 66 I fee you
want to provoke me, but I will make you no reply ;"
and he immediately turned round and walked off,
upon which Allenby exclaimed, with a loud voice,
is Then you are a d—d (linking coward."
Lord Et.t.Ert at:moo .—You can go on with the
original profecution.
Mr. EISKINE.—My Lord, we had completely
dropped it upon his paying the expences.
Lord ELLasosotoun H.—That does not appear
upon the record ; and if he apply upon the cow.
promife to flop proceedings, we can in our difcrc.
tion refufe a rule to that purpofe. You may in-
diet him for what has happened fince. There are
modes of circulating an apology which cannot be
juftified. As the matter is to be tried hereafter, it
does not become me to fay more now.
Mr. Easm b.—lf your Lordlltip thinks that we
can, confiftently with duty, proceed upon the in-
formation already filed, we (hall be pettedly tacit.
fied.—Rule refuted.

The Court broke up at two o'clock, and the
Judges. went to the Court of Exchequer, to meet
the Cuitecisioe of the Excesosaa in order to