Star.
London, England, 1805-07-20 00:00:00

Ear 111D1/1 HUU.SE.

Yeßerday a General Court of Prophecies was held
at the India Houle, for the puipofe of taking into
farther confideration the .Refolution of the Court of
Proprietors, held on Friday the teth ins. to confi-
der of the Refojution of the Court of Dire tors on
the Report relative to the College. at, Hertford, pro-
prxed to be inßituted for the education of young
Gentlemen who are intended for the Comp Any's
Civil Service in India.

The Minutes of the Court of Proprietors, of the
tsth inf. having been read by the Clerk, togrthei
with the Refolution then agreed to—
The Cuataitaa rofe and informed the General
Court, that they were affembled for the purpofe of
approving and confirming the proceedings of the loft
Court, on this fubjre. He Ihould therefore read the
Refolution he had prepared—
" That this Court, referring to the Refolution of the 28th
February, and to the proceedings had thereon, do confirm the Re-
port of the Court of Diredors ; and do approve the falaries ap-
pointed and fixed thereby."
The queftion on the above refolution was then put,
and carried unanimonfly. •
The Ciraientam then Paid, the Court had been held
merely for this particular purpofe, and there was no
other bnfinefs before them. Unlefs, therefore. fome
Gentlemen prefent had any obfcrvations to offer on
the fubjed, he thotild adjourn the Court. No perfon
offering to (peak, the Court was accordingly ad.
loomed/ire die.

14W IYT ELI IGENCE

COURT c E;NC•S BENCH, JULY tsw.

A';NE READ 1". T. JOHNSON.
The Plaintiff reticles at London.place, Hackney

the Defendant is a young man who had paid fame
attention to Mils Frances Stewart, to whom the for-
mer was guardian. This aftion was brought to re-
cover the fum of 501. lent, under citcumftances
which will appear in the caufe.
Mr. Garttow obferved, that the Defendant had
engaged a hnufe,towardsacquiring the leafe of which
the Plaintiff had lent him got. Mr. Johnfon, in pay-
ing his addreffes to the young lady, had got into the
gond graces of the old one, but poffefiing tome ver-
fatility in his difpofition, he chofe now to rejet the
female, and retain the money.
Mifs Frances Stewart proved the hand writing to a
bill for the amount ftated, drawn by the Defendant
on the Plaintiff, and paid by the- latter. The ap-
plication of this fum was to the leale of a honk
lately occupied by Mr. !Mad:more, in Fleet Market,
in which it was intended the Defendant and Witnefs
thould refide. She then proved the fignature of jier
late lover to the following letter, addreffed on the
26th of June, 1804, to the Plaintiff :
Maonst-1 have confidered regarding the kafe of the houfe,
and if you think well of it I will give you a bond jointly with
niy father, for the leafe and fixtures, and pay it in five years. The
inter& to be paid half yearly. (Signed) ".THOS.JOHNSON."
Mr. PA R ice, for the Defendant, remarked, that his
Learned Friend had not proved his cafe. There was
as account for money lent, another for money had
and received, and a third for an account Rated, but
there was no proof of the payment of the bill.
Frances Stewart was then, by his Lordfhip's per-
million, recalled, when the depofed, that fhe always
underfiood the money was not paid to the Defen-
dant, but was given into Blackmnre's hands.
Mr. GARRow—" It is perfeetly clear that the
young lady has more regard for her fweetheart than
for her guardian."
Mr. Peaks, for the Defendant, expreffed his con-
cern that the fair witnefs fhould be placed in a fitu-
ation of exhibiting herfelf to the Court, under fuch
delicate and painful circumßances. It was his duty
to thew that this demand was wholly unfounded, and
that the leafe for which this money was given was
not the property of the Plaintiff, but of the Defen-1
dant. He Ihould produce a letter which would re-
move all uncertainty, if his inltrations were correEt,
and which would entitle his client to the verdict of
, the Jury.
The letter was read by the Clerk of the Court, and
was couched in the following terms. It was addreff-
ed from the Plaintiff to the Defendant, and was dat-
ed on the 22d of June, ;So+ :
" Stn--T received your letter, and have, in confequence, eon-
faked Fanny's guardian, when he informed me he would. hiring
an zdtinn againft you, if the could give fufficient proof (of a pro-
mite of marriage). We Al und;rflood you meant to marry her.
I came forward on her account, and to my engagement I saUl
Rand on her account, hut not on yours without her. I will 'Java
I nathirg to do with your father, orany other perfon unknown to
mt. I think your father and you are both not fo good as you
fhould be. She can bring forward seal. Hike no default, nor
will make none. Conic, Larry the girl, file can pay tool. to-
ward the leak, and I have paid reL If you continue the con-
tract, I (hall expedt fuch fecurity as I approve." [After fame
limiter obfervations, the letter concludes) " If your own friends
will not retire you, how can you expcd. it from a Rranger
(Signed) " ANNE READ."
The Learned Counfel contended, that from the

terms of this letter, and the uther fads in evidence,
the Plaintiff had taken the leak upon herfelf, and
that therefore fhe could not demand the gal. of the
Defendant. which was a part payment for loch kale.
Lnrd ELLENBOROUGH—" This defence is neither
fopported in law nor in morals ; the Defendant had
elee•ated the girl, and new he wants to cheat the
guartli4a alfo."—Verdiet for the Plitiatiff,

• JETFUSON /7. !REIM.
This was an adion on a bill of exchange, brought
by the Plaintiff, who difcounted the Bill, againft the
Defendant, on whom it was drawn.

Mr. ERSK IN F. having opened the cafe, and proved
the fignature to the Bill,
Mr. GARROW, on the part of the Defendant, faio,
he fhould give evidence to ufury committed by the
Defendant in this tranfaCtion, and in fuppvrt of this
cafe, he produced as a witnefs,
Mr. Dowries, a Methodi ft Preacher. This perfon
laid, that the draft given in return for this bill of
301. was, he beFeved, 291. tss. fo that to adpearance,
only the legal intereft was deduCted, but in addition
to this, he gave, as a km:, a fever fhilling piece,
which contiituted the ufurious intereft. On his oat
examination by Mr. GARROW, he faid, that no cha-
pel was at orefent illumined by his fpiritualdifcourfes.
" Have you not refigned the Miniftry, on forne
account not prudent to explain r—A. ‘, I have not
refigned the minitiry any more than the Counfelhave
refigned their bulinefs, when, firm idlenefs, infirmity
or any other caufe, they are abandoned by their
clients. I was in;Ormed that a great deal of info-
lencc would be directed againft :re."
()„, " This is no fatisfaSory t eply to my gneftion."
1 .
A. " My dear Sir, I do not know that I am bound"
to anfwer."

Lord ELLs*aoaouoH—" If thequeflion werr ma-
terial to the cattle, I would not object to it. Any
thing very difrefpedful and opprobrious yon need
not anfwer, unlefs Tome proper motive be alligned."
Witnefs—" I ferved my apprentcefhip to a pain-
ter and glazier, and I now have a Staffordthire ware.
honfe in 13loornibitry. I never was removed from
any ecngtegation, but at my own option."
Mr. Dawes, an apothecary; in Newman PaiTage.
was then called to cnntridid the Jail witnefs, but he
confirmel the teltimnny with yelped to the Win y.—
The Plaintiff was nonfuited.

TURTON V. ?RIC&
Mr. PARR laid the declaration limed, that the De-
fendant was indebted to the Plaintiff In icxxal. which
the Defendant undertook to pay.
The Plaintiff, he raid, was a Doelot of Phyfic, re-
fiding at Swanfea, in Glamorganfhire ; and the De-
fendant, Mr. Price, his countryman, was an Attor-
ney in Lincoln's Inn. There two Gentlemen, a
Welfh Phyfician and Welfh Attorney, had a difpute
refpefling the ownerfhip of a (hip. He was bound to
fuppofe that his Client was a very learned Phyfician,
but he was certainly a very ignorant Lawyer.—Mr.
Price, the Defendant, he had no doubt, was a very
good. Solicitor, but he was evidently not well ac-
quainted with the laws refpeding the ownerthip in
dripping ; and he had no doubt that the Jury, under
the direction of his Lordihip, would decide this cafe
in favour of the Well's Phyfician. Mr. Price had.
without intending it, done that which wetild not avail
the Plaintiff—which was to fell him certain (hares
of a (hip when he could not make a li,inad tide to
them ; and this aftion was brought to recr•••:_r a Cunt
of money which Mr. Price had received for that pur-
chafe. Mr. Price had fancied himfelf the owner of
three-fourths of a (hip at Swanfea called the Fanny.
which the Plaintiff was induced to buy. He did fo,
and got poll-el:Gm of it. The (hip went two or
three voyages, on which the Defendant relied. but
it would not ferve him. He brought an aftion for
the remainder of the money for the putchafe, for part
only had been paid him. The Plaintiff Paid, he only
wanted a good title to be made to him ; and in this
Weill% cafe, the parties agreed to refer it, not to any
perfon converfant in loch a cafe, who knew whether
a pod title could. be made out or not, but to a mer.
chant at Swanfea, who knew nothing of my Lord
Liverpool's AEI, which governs all cafes of the
transfer in the ownerlhip of (hips; and this Gentle-
man gave zn award, which was afterwards made a
Rule of Court, in which, inftead of making it a
condition precedent to the Plaintiff's pay'ng the
money that he (honk! have poireflion of the
but that he ihould in the fir(( place pay 301. and
then he proceeded to order Mr. Price to make to the
Plaintiff a good title to three fourths of this
The Plaintiff laid, Where is my title ? which could
not be given him ; Mr. Price enforced the award by
an attachment, and the Plaintiff was compelled to'
pay the 301. Now the complaint was, that Mr.
Price could not make a good title to three fourths
of this (hip; and that he could not do fo would
appear by his own admiaian, which was agreed be-
tween the parties to be read. The Defendant admit-
ted " That no bill of Pale of any part of the thin
Fanny was ever made to him, or any other in-
liniment in writing, reciting the certificate of the
register of the Paid [hip." Now there was a certain
Ad of Parliament of the 34 Geo. 111. c. 68. fee. t 4,
to remove all doubts on transfers of (hips by word
of mouth, &c. by which it was enacted, that no con•
tract or agreement for the property in a (hip or vef-
fel (ball be valid and effectual for any purpofe what-
ever, either in law or equity, unlefs founded on a bill
of Pale or inflrument in writing, containing a recital
of the certificate and regiller. Mr. Price admitted
that he had not this, and therefore it was impoffible
for him to make out a good title, for he never had
any title himfelf; but he laid, the Plaintiff was in
poifefiion ; that was very true, but being a pofferlion,
without a title, he could not fopport it. Support: rhea
Captain were to fay to the Plaintiff." I will not deli.
ver up the (hip to you ;" the Plaintiff could not cum•'
pel him.
Lord ELLENEOROUGH obfcrved, that as this had
been the fubjea of a reference, and the arbitrator
who had made his award, had not been oppofed, al-
though certainly an abfutd one—for by ordering the
money to he paid tar a thing before poiTefflon was
given of it, the cart was put before the horfe—but
the parties had acted nprn that award, had made a
Rule of Court of it, and therefore the ria:ntiff could
not maintain a common action on the cafe for money
had and received ; his remedy mua be either an ac-
tion upon the Special Contract, or application to the
Court for attachment for non-performance of the
Defendant's part of the award, namely, that of mak.
ing a good title: and as the Defendant could not do
that, he mull of courfe refund the money. &Tooling
the cafe to be as it was flitted, his Lordraip thought
it worth while for the parties to come to a fettleinent,
without turning the Plaintiff round on a point of
form.

Mr. Gasanw• obferved, that any fettliment which
the Plaintiff walled, mull be propofed out of Court I
.13e mull here claim for his client what the law al.
kwed him.—Plaintiff nonfuitcd. [ Turn oven

LAW INTELLIGENCE.

1 IN CONTINUATION FROM THE PRECEDING PAM

COURT OF COMMON PLEAS. JULY 38.
SMITH 1/: COLSON.

This was an aetitin againit the Underwriters, on a
pfilicy of infiirance, to recover the general average of
the lots fu(lained by the (hip and cargo.
The policy being proved, it appeared from the evi-
dence nt Capt. Kerr, that he failed in the Diana,
from Newcallle for London, on the 4th January.—
When he got near Yarmouth Roads, the weather
was to bad, he was obliged to reef all the fails. The
fea ran fo high that it made a clear paffage over his
!hip, and prevented his tasking off the jib, fo that he
Was obliged to cut it away. They were in very great
danger for a contiderable time, and were obliged to
let a florin jib to make the vetiel dear the land, and
prevent her from foundering_ The gale continued,
and be, with difficulty, made Hull Harbour.- NVhile
be was moored there, as directed by the Port Captain,
a Danifb fnow ran down on the Diana, and (love in
two of her planks. In the courfe of a very fhort
time the water was two feet deep in her cabin, and
remained In, though every exertion was made, for
mace of two hours, and damaged the cargo very
1111 Mb.
oil era; examination, it appeared that the Diana
vials not aground all the time, which had been hated
i the declaration, as the caufe of the cargo being da-
maged, or courfe the effea of that count was done
away. The "next thing the Plaintiff went for, was
the general average of the damage done to the (hip ;
but not being able to prove the amount of the da-
mage, the Plaintiff was nonfuited.

SANSNURY V. MATtHEWS AND CO.

This was an action on a breach of contra&

It appeared that the Plaintiff had agreed, on the
3d of January laft, to purchafe from the Defendant
Ito bags of Smyrna cotton, at is. Ad. per pound ;
but this kind of cotton, beginn ng at that time to rife,
the Plaintiff never could get the Defendant to deliver
it to him, though he feveral times fent an order for
it, and even at one time tendered him pool. in Bank
of England notes as payment. The Detendant con-
Randy evaded the delivery, on different pretences'
and finally laid the Plaintiff fhould not have it unlcfs
he took his word for the weight, or paid the expence
of weighing. This the Plaintiff would not agree to ;
but having difpofed of the cotton, the moment he en-
tered into the contra& with the Defendant, he was
nblig,2d to employ a broker to procure him fo many
bags, who bought this identical cotton at the advan-
ced price of three halfpence in the pound.
Serjeant BAYLEY, on the part of the Defendants,
attempted to let up an irregularity in the tender ; but
not being able to fubflantiare it by evidet se, the Jury
gave a verdiEt for the Plaintiff—Damages 3 t 71. 25.3 d.

JULY 19.-•• INGLIS •ND CO. V. II emisecx•
This was an action brought by the Plaintiffs, re-
fpeetable merchants in the city, to recover the fur
of 16961. the amount of a Bill of Exchange drawn
by the Defendant, Captain of an American (hip,
and an American fubjea, on Cleland, White, and
Co. in favour of the Plaintiffs. It appeared, on the
pill of the Plaintiffs, that the Bill in queftion, drawn
by the Defendant in favour of the Plaintiffs, had
been accepted by Cleland, White, and Co. ; but
payment being demanded on the sth of March 1803,
the day it became due, it was not paid. The De-
fendant, not being then in England, could not be
ferved with notice at the time, but in Come months
after Mr. Inglis's fon met him the in New York
Coffee-houfe, and demanded payment. But the De-
fendant's anfwer was, that he did not conceive him-
fell hound to pay the Bill, as he was only nominally
concerned in the tranfsaion. A fhort time after
this, Capt. Keaquick was arrefted for the amount,
the confequence of which was, that the caufe came
to ha tried, fome time !ince, in the Court of Common
Plea', and the Plaintiffs obtained a verdia, which, on
motion, was fee aide, and a new trial granted.
Serjeant COCKELL, on the part of the Defendant,
addreffed the Jury at confiderable length. He Paid,
the cafe, as it then flood, appeared very plaufible ;
but he was convinced, when they were acquainted
with the fats and law of the cafe, they would in•
flantly pronounce a verdia for his client. The
Learned Serjeant then fubmitted to the Court, that
the Plaintiffs could not maintain this anion, as the
notice of the nonpayment of the Bill byCleland,White,
and Co. had not been delivered in to the Defendant.

Sir JADE. MANSFIELD thought there was fufficient
evidence of the notice being given as foon as the De
fendant could be met with ; but even if the notice
had not been given in time, be conceived the Defen-
dant waved it by laying, he did not think he was an-
fwerable. _ _ _

- .
Serjeant CocksLL then proceeded, and Paid, it was
impoffible the Plaintiffs could by law recover, as the
tranfaCtion, out of which this Bill grew, was dire&
ly contrary to the chartered rights of the Eaft India
Company. The Defendant, being an American
fubjeCt, commanding the American fhip Iris, was
pitched upon by Britifh merchants, as a proper per-
fun to proceed to Teneriffc, and there take in a
cargo of Spanifh wines, with which he fhould pro
coed to the Britith Ealt Indies. He raid he would be
able to prove to the Court and Jury, front the letters
of the Plaintiffs themfelves, that he was with their
knowledge employed for that purpofe ; and when
this was done, he was convinced his Lordfhip would'
fay there mull be an end of the a&)ion.
Several letters were then read, which paired be.
tween the Plaintiffs, Cleland, White, and Co. and
Mr. Barry, who lived at Teneriffe. From thefe it
appeared, that a connation fubfifted between Barry
and the Plaintiffs, and that they were perfealy well
aware at the time they took the bill that the value
given for it was Spann wine fhipped atTenet iffe, for
the purpofe of being carried to the Britifh EA-Indies.
Serjeant Best, for the Plaintiffs, fpoks at confi-
d:rable length.
Sir JAMES MANSFIELD then explained the law to
the Jury, who being fatisfied that the Plaintiffs were
acquainted with the nature of the tranfaCtion before
they took the bill, found a verdiO for the Defendant.

On Tuefday lan the Tickets for the prefent Lot-
tery were iffitcd from- the Bank. The Contraftors,
even at this sally pet iod, begin to experience the be•
Leficial alas of a moll judicious Schtme, which
meets with univerfal approbation, and holds out to
them the Fofpetlt aan exteafivc Sale.

MYSTIC REVELRY.

On Ruin's billow fee mad Folly roil,
Hope's needle pointing JIM to Safety's pole,
While reeling Reafon, in the vortex wit
Of DiMpation, mourns her rudder loft;
Then fee Defpair's tremendous gulf expand,
No life-boat leaving Expectation's ftrand;
While Coniternalo., waves her dragon wing,
And fierce Deftruetion's beforn takes its (wing.
Till faint Esiitence her )aft hold lets go,
Hurl'd by Com?ulfion tattle wades below!
Now fee new wonders !—On the wing of breath,
Lo, Mem'ry, rifing from the bed of death,
To Fame communicates the frightful tale,
While Feeling iltrink a, and Confidence turns pate,
Around the (price Cdnjedture's airy train
Ohfequious fl'ltttr, of her notice vain;
Fancy her prompt gall ance too prefents,
And ready Fidtion fpecious lies invents;
Till puzzl'd Faith, unwilling lUD to yield,
Is fore'd by Doubt at laft to quit the field ;
Confufion re-affertshcr ancient ties—.
And Nonfenfe crowns the triumph with applanfe.
But turn, Attention, from the hideoul frame,
And let Oblivion o'er it drop her fcreen
Turn, where difportive in Youth's halcyon ray,
The fprightly forms of rofy Mature !tray:
See fond Defire, with half-averted eye,
Into the arms of wild Enjoyment Sy;
While watchful Jealotify, as they advance,
Darts at the giddy pair an angry glance...—.
Ah ! check the rifing tranfport, thoughtiefa things
Lo, Defamation points her venom'd Rings t
Contempt and Ridicule their Stahl; difplar,
While blafted Reputation's bloom) decay
Scandal ufurps the privilege of Fame :
In red fuffufion glows the cheek of Shame
And as loft Charadter lam•nts her Rains,
Another triumph babblinp Nonfeafe gala.

O Fortitude! unconquendle Maid,
Still ready, when invok'd, to lend thy sid ;
lJnmov'sl amid the crofs events of life,
Dircordant courtihip, or connubial ftrife;
Whether on Liffey'i fiinny banks you rove,
Or in the fhady walks of Windfor's grovel,
Still let thy voice, prevailing over Fea-,
The drooping heart of Ind.fcretion chcar
Support Misfortune in the gloomy hour,
When Item Opinion's brow is ken to lover;
To injur'd Weak nefs, Pity's balm impart—
tilde Frailty's fault, blunt Calumny's keen dart :
St ace wavering Refolution's Sacken'd nave ;
Bid Candour burft the (hackles of Referee,
And kind Pkil.mthropy, with taped mild,
Receive again repentant Error's child! HAW) Z.

It is remarkable that the price of bread Mould Rill
increafe, notwithtlanding the large importations in-
to different parts of the kingdom. The wheat im-
ported into the port of London for four days, as per
bill of entry, is-as follows t-15th July, 7090-16th,
11,400-17th, 4360-18th, 12,570.—T0tal 354:0
quarters.

Triefday laft Mr. Curwen's Sbrrp Shearing was held
at Harrowflack, in Cumberland ; the meeting was
numeroufly attended ; upwards of fifty gentlemen
dined with Mr. Curwen in a tent, and nearly one
hundred at tables arranged in front of it.
The South Down Rock were thought to be much
improved, and clipped remarkably well. The crols
between the South Down and Common Fell Cheep
gave great fatisfaaion.

The eup for the tup Crofs with the South
Down was adjudged to Mr. Curwen. This tup,
whole fleece weighed 61b. soz. was allowed to be, in
&ape fize, and finenefs of wool, a molt complete
animal. Mr. Curwen declined accepting the cup,
and requefled it might be prefented to Mr. Michael
Satterthwaite, of Hawkfhead Hall, who bad the fe•
cond ben, as a mark of refped due for the fpirit he
had (hewn in promoting the experiment, hoping his
example would be followed by others.

The cup for the belt Sheerling ewe was adjudged
to Mr. Dawfon, of Kentmere Hall, which gave great
fatisf.tetion, and he was the &II perfon who under-
took to make a trial. On receiving the cup, he Rated
that he had already four.d the advantages wiling
from the plan, having fold his lambs for 3s. a piece
higher than he had ever done before ; that the lambs
for fize and fhape, were fuperior, without any re-
ference to their wool, which forms the molt import.
ant part of the improvement.

The Cups for the bell Yearling 8011, and Two
Years old Heifer, were adjudged to the Rev. John
Fleming, of Raysigg, whole Hock was particularly
admired. A Bull Calf of his, fix weeks old, was fold
to Mr. Benn, of Middleton-place, for logs.
The meeting is to be continued with additional
Premiums; and, from the fpirit difplayed, it gives
great reafon to hope, it may prove highly beneficial
in promoting the improvement of this breed of fheep.
Mr. Curwen fuggelled the advantages of eftablifhing
a wool fair at Kefwick, as the moll central fituation,
which would induce the Yorklhire and o her manu-
faftures, to become competitors for the wool, and
afford the grower a full value ; and prevent any ine
quality of price, which may refirlt from the prefen t
method.

On Tuefday a confiderable number of boys, from
to tel 14 years of age, affembled oppofite Svmerfet-
bottle, for the purpofe of having a (ham fight.—
They were armed with large flicks, the (pokes of
coach- affects, and other inlfruments of an offenfive
nature. The contea, however harmlefs in its ori-
gin, very loon ail-timed a ferious complexion : one
of the leaders received ton hard a blow, felt his
indignation aroufed, and he immediately animated
his troops to commence the baffle in right carnet.—
A furious battle enfued, and fo eager were the corn.
batants, that every attempt to part them was in vain.
Many wounds were given and received on both fides ;
but at length one of the armies gave ground, and
made a well•ordered retreat into Somerfet•place.
The vietors purfued the enemy, and would certainly
have loon put them bort de combat, but that the gates
were ordered to be doled. They made many fruit-
lefs attempts to force their entrance ; at ha, fatisfied
with the renown they had obtained, they gave three
cheers in token of their vidtory, and matched. off in
triumph.

the cafe
I but he
with th 4
' Randy
Learner
the Plai
noticed
and Co.
Sir J,
evideno
fendant
had not
dant wa
fwerable
Serie;
impoffib
tranfaCli
1y contr
Cornpan
fubjeet,
pitched
fun to j
cargo of
reed to I
able to
. of the 1'
knowledj
this was
fay there
Severs
tween t 1
Mr. Btr
appearec
and the
aware at
given for
the purp
Serjea
el:Table 1
Sir Js
the Jury
' acquaint
they tool
On Tc
• tery were
' even at tl
Leficial t
meets wi
tlatm the