Star.
London, England, 1824-07-26 00:00:00

JUDGMENTS.--FARMER V. HOPLIFFE.

The Loan Cuarcitxxoft, on taking his seat on the bench, ad-
dressed Mr. Heald relative to this cause, which was an application
for an injunction. He observed, that he had very close y examined
the evidence laid before him, and the result was that he was bound
to refuse the injunction.

SCOTT V. ROBINSON.
This was an appeal from' the decision of the Vice-Chancellor.
Ifs Lordship said. he had given very great attention to this cause,
and after amusing himself with reading over the book, then in his
band, he was of opinion that the Vice-Chancellor was perfectly
right in the view be had taken of it, and he therefore affirmed his
Decree.

COURT OF XING'S BENCH, JULY 24.
BANYARD V. DOW.

This was an action of trover by the assignees of
Thomas Thurtell, a bankrupt, to recover the value of
a horse, alleged to havebeen converted by the defend Ant
to his own use.

Mr. GURNEY and Mr. STEMS conducted the plain-
tirscase ; Mr. MA RRYATROd Mr.Comym the defendants.

The plaintiff was declared as assignee of the estate
and effects of Thomas Thurtell, a person of some no-
toriety. It was stated that the horse in question had
been purchased last summer by the bankrupt, of a per-
son named John Cooper, arid left by him in the care of
the defendant, who is a livery-stable-keeper. Whilst
the horse was its the defendant's care, Cooper, the ori-
ginal owner, claimed it as his property, and took it away.
It did not appear that the animal was taken away with the
defendant's privity, upon which Mr. Marryat submitted,
that as there was no conversion of the property by the
defendant, the action cannot be maintained.

Mr. GURNEY contended, that if the horse was taken
away by Cooper with the privity of the defendant's ser-
vants, he would be answerable for their act.

The CHIEF JUSTICE thought there was no conversion
made out to sustain the action of trover. If the de-
fendant had negligently suffered Cooper to take the
horse away, that would be good cause for an action on
the case, but not for trover. His Lordship, however,
asked if • there was any other defence to the action?
Mr. MARRYAT said, he had a complete answer to the
action upon another ground, namely, that Thurtell, the
bankrupt, had swindled Mr. Cooper out of the horse,
and therefore, having no title to it, the real owner had a
right to follow and repossess himself of the animal.
John Cooper deposed, that the horse in question had
been his. He sold it to Thomas Thurtell, the bankrupt,
for 55 guineas, and took his acceptance at pare month.
The bill was drawn by Probert. Before the bill be-
came due he saw Thomas and John Thurtell together
at the Cock, in the Haymarket. They were sitting in a
little parlour. The moment John Thurtell saw witness
he burst out laughing, and said, " I thought you had
been long enough on the town to know better than to
let my brother Thomas do you out of your horse." The
banki upt, Thomas, also burst out laughing, and asked
witne-s to take wine with him, and told him not to mind
what his brother John said, for that the bill would be
honourably taken up when due. Witness waited till the
bill was due; and when is was due it was dishonoured.
Witness afterwards saw the Thurtells, and John said he
WAS a fool to let his horse go. Thomas then told him
he would pay him, if he would hold the bill over a
little while longer. He held it a week longer, hut it
WAS not paid. Witness saw both brothers again re-
peatedly, and Thomas told him candidly that he did
not mean to pay him for the horse, and that he might
do his best or his worst. Witness thin arrested Thomas,
who being admitted to bail, sent for him, and reproached
Trim for having put him to so much expense, for that he
meant to give him his horse again. He then fetched up
a bottle of wine, and said, " let us be friends, not foes ;
I mean you to have your horse after all; if you, o and
stay your law proceedings, and pay your own expenses,
I shall pay mine, and you shall have your horse back,
provided you give me a good character to anybody
that inquires after me. I must, however, have him a
week or ten days to make use of him, and then you
shall have him back." Witness then paid all his own
law expenses, which amounted to 61. or V. and the pro-
ceedings in the action were stayed. In a week or ten
days afterwards the bankrupt gave him up the horse.
Thurtell had told hirer where the animal was, and at the
end of the time stipulated, witness went to the defen-
dant's stables, saddled the horse, and rode away with it.
The horse had been most dreadfully used, and cut in the
lets. The bankrupt had told witness, half a score times,
that he never meant to pay him for the horse, and told
him that he was a d—d fool for letting hint go, for
Ihe did not mean to pay for that, nor 10U more horses
he had had. Witness received his horse back about the
Zth of August last. He was enabled to fix the day in
consequence of a bill of 15/. delivered to him by Thur-
tell, in which he charged him for every time he asked
him to take a glass of wine with him. This was the de-
fcridant's case.

I tic Loon OTTO? JUSTICE thought it was a complete
an-Acct to the action, and diet clot e ditetted Iluitst,it.

NAIPAL INTRLLIGI:NCE.
DISTRIBUTION OF
The Sir Francis Drake, fnr nineteen • gun-boats; the Sir Frat
Drake and Belliqueuz, for a French privateer and four gun-boats;
and the Diana, for the Dutch brig Zephyr, on Thursday, the 29ile
instant, at N0.:5, Brick-court, Temple; and recalled there Toes-
datys and Thursdays.
FaLisorTN, JULY 24. Wind N.N.W. Arrived the Duke of
Kent packet, from Lisbon in nineteen days.
Potersatotrru, JULY 25.—Wind W.—Arrived his Majesty's ship
Alarm, from Plymouth.
DIAL, Jura- es.—Wind W.—Arrived and sailed for the River,
the Hercules, Vaconaro, from Bombay ; Lord Cranstonne '
IttOrater, from Jamaica. Sailed the Spanish Patriot, Boaa, for
Cadiz; George, Brrrs, for Bourdeaux ; Mary Ann, for Odessa.;
True Briton, inure, for Quebec; Sibson, for ditto; and Bri-
tons for Smyrna.
PooLe, .11-La 2.s.—This morning a craft of about twelva tons,
called the Phcedia, of London, R. lioasori owner, and of the cha-
racter of a Gentleman's pleasure yacht, was brought into this port
tinder seizure, by Mr. UstralvtLEr, of the Preventive Service, at
Cbriltchurrh,having been met with yesterday in that harbour,with
a concealment on board of about seven cwt. of tobacco, in silty-siz
small packets of about 10Ibs. each, and 6lbs. of tea. The Gentleman
was out of the vessel and escaped: the three remaining persons
were this morning committed to prison.
LivaarooL, JULY 24.—A jolly-boast, with ° Thisbe, of Liverpool,"
on her stern, was picked up, bottom up, in long. 26. by the Mar-
garet Ann, arrived at Miramichi. Arrived the Active, Owes; and
Elope, from Bahia ; Highlander, —, from Barbadoes; Al-
fred, CLa se, Irons Quebec; Canada, OWEN, from St. Andrew's,
New Brunswick ; Dysen, CoLLms, from Newfoundland ; Neva,
CUR"' ; Isabella, MORI?! ; and Briton, WILSON, from Miramichi.
Cuaisrtausaan, JULY 9.—The Comet steam-boat, Capt. ALLEN,
arrived here this day, from London and itlandahl, with Lord CLIF-
TON and Sir 11. DA VY passengers
Ponrsstotrrn, JeLy 114.—The new Naval Regulations issued for
his blatzsre's service, were authorised by the KING in Council. on
the 24th June, 1224. They are comprised in ten Chapters, viz.
Classification of Ships; Rank and Command; Appointments, Cere-
monies, Pay and Allowances, Provisions, Prizes and l'risoners,
Courts Martial, Royal Marines, when embarked ; Troops, when
embarked.

Stites—The ships and vessels of his Majesty's Fleet are divided
into six classes or rates.—First Rate, to comprise all three-decked
ships—Second Rate, one of his Majesty's yachts, and all two-decked
ships of 80 guns and upwards—Third Rate, all his Neje:: y's other
yachts, and all ships of 70 guns and less than SO—Fourth Rate, ships
of 50 guns and less than 70—Fifth Rate, ships of 34 guns and less
than 50—Sixth Rate, ships of 24 guns and less than 7.6. These
classes are to he commanded by Captains (a-ho are no longer to be
called Post Captains). Sloops and Bomb Vessels are to be com-
manded by Commanders, by which title they are in future to be
addressed, and not as Captains. Gun-brigs, Cutters, Schooners,
and other small vessels, are to be commanded by Lieutenants.—
Tmop, Fire, Surveying, Hospital, Prison, Victualling, and Store-
ships, are to be rated as occasion may require, but not to be above
a fourth rate. All ships to be rated according to the number of
guns they actually carry.
Oenceas.—All Supernumerary Officers, ordered to do duty on
board ships, to be considered, for the time behig, as if they were
actually belonging to the complement of such shit. —To be two
ranks of Commodores : the first class to have a Captain of the same
ship under him, the second class not : the authority of both classes to
cease whilst in presence of a senior Captain.—A Captain of the Fleet
to be considered a Commodore of the first class.— Whenever, front
necessity, a Commander.in-Chief promotes a Lieutenant to com-
mand a ship that bears a Captain, he shall give such Officer a com-
mission, as a Commander, and an order to act as Captain of such
ship, daring which he shall be considered as the senior Commander
and the junior Captain on that station.—Masters, Secretaries, Phy-
sicians, Chaplains, Surgeons, and Pursers, to rank with Lieute-
nants, but subordinate to them.—The following 'Warrant Officers
are alone to take military command of the ship (after Lieutenants):
—Masters, Second aasters, Mates, Gunners, Boatswains, Car-
penters.—Masters to rank as junior Captains in the Army.—'
If any Flag Officer be killed in battle, his fisg is to be continued
flying unto the battle is ended.—Masters and Second Masters are
to be considered eligible to the rank of Lieutenant.—Masters to
be appointed by warrant front the Commissioners of the Nevi : no
Officer td be examined for that rank until he shall have attained the
age of 21, and not after the le of 42.—The rank and appointment
of Secretaries to Flag Officers to cease with their appointment.—
Mutes shall be anointed by * Warrant under the hand of the Cap-
tain or Commander of the ship or vessel in which they may be
borne, but their rank and appointment shall cease when the ship.ia
paid off or they discharged. Masters' Assistants (see document sub-
joined), to be rated by the Lords of the Admiralty or by the Com-
manders of ships ; such must be fourteen years of age, and have
been three years at sea.—Officers giving themselves and other; pro-
motion, on the death of their Commanders, shall be subject to have
such appointments superseded by the next senior Officer in corn-1
mand.—Pursers shall be appointed by warrant front the Lords of
the Admiralty ; must have served as Captain's Clerk, or Clerk to
the Secretary of a Flag Officer, three years; not to be examined for
rank until twenty-one years of age, nor after he has completed
thirty-five. The pay of all Pursers to be increased to 71. per month.
Masters' Mate, pay to be 3/. 18s. Bd. per month, in all rates; Mid-
shipmen, 21. Bs. in all rates.
But the most important part of this new Code of Instructions,
is that of which we subjoin an entire copy of the official document.
Its object is evidently to encourage persons to enter into the Naval
service to qualify as candidates fur the rank of Masters : they are
to consist of two classes, and be denominated " Volunteers of the
Second Class," and " Masters' Assistants."
" Admiralty Office, July 1, 1824.
" His Majesty has been pleased, with a view to encourage and
improve the class of persons intended to rise to the situation of
Masters in the Royal Navy, ro direct that a class of young Gentle.
men intended for this line shall be established., under the title of
" Volunteers of the Second Class," ranking immediately after Vo.l
lunteers of the First Class, with a pay of 1/.125. per menscrx.
" As it is intended that these volunteers should be persons of
education and attainments in such branches of science as are con-
nected with navigation, boys brought up at Christ's Hospital, or
the Upper School at Greenwich, are to be considered as at once
eligible to this class, and Captains and Commanding Officers are
authorised to appoint any such boys to this rating.
" If, however, any other boys should offer for these situations, of
adequate acquirement; and abilities, the Captain or Commanding
Officer will state the name, birth, age, and education of such boy
to the Secretary of the Admiralty, for their Lordships sanction to
his entry as a Volunteer of the Second Class.
His Majesty hasbeen furtherpleased, in the same view, to esta-
blish a superior Class of Petty Officers, under the name of Masters'
Assistants,' to rank immediately after the Midshiptnen, with a
monthly pay of 3/.115.
" These Officers are to be nominated by the respective Captains
(except where the I.ords Commissioners of the Admiralty may give
special directions), from the number of volunteers of the second
class, who may have served two years as such, or from any other
class, if the person have the accessory information and acquirements,
and who may have served in the Nary three years ; but in case cf
any selection not made front the volunteers of the first or second
'classes or Midshipmen, the special case, with the name, With, age,
and qualification of the party, is to be reported to the Secretary of
the Admiralty.
" Volunteers of the Second Class, and Masters' Assistants, are to
be considered on the footing of young Gentlemen, and to mess with
the volunteers of the First Clefts, Midshipmen, Mates, &c.
" If arty Masters' Mates. Midshipmen, or Volunteers of the First
Class, now serving in the fleet, should be desirous of being rated zs
Volunteers of the Second Class, or as Assistant Masters, the Cap-
tains and Commanding Officers are authorised so to rate them,
agreeably to their respective services and qualifications; but young
Gentlemen entering into those Classes must observe that (slthough
their pay be greater respectively than that of Volunteer, of the Fit st
Class, or Midshipmen) their promotion will (except in extraordi-
nary cases) be con£ned to the line of Masters.
"J. W. C 1101: ER."

Saturday, the Moot., '2B, Captain Tame llotaienina,arrivud at
Portsmouth from the North American station, having lauded Earl
Datum:m.l's family at Leith, and afterwards taken It3o marines
front Sheerness to bis Alaiegy's ship OCEAN, at Plymouth. The
ATHOL will go into harbour this day, to be paid di. She has
not lust a man of the crew, either by sickness or accident, during
her absence of three years and nine months.
The Ikasmen, 4G, Captain Lord NAVIES., is expected at Ports-
mouth on Tuesday, from Chatham, to embark Ur. Mellitus, on a
Diplomatic Mission to Mexico.
The SArrno, 18, Commander WM. HOTHAM, will sail in a few
days tor the North American station.
Pm-MOUTH, J L3.—Arrived the ATHOL, REDWING, and Bata,
with seamen and Merines, Irons the River, to complete the Ocesn,
80, for Lisbon; these ships sailed again Arrived the LYRA, with
sr:inlet*, from Liverpool. ltentaitt— BRITANNIA, °ORAN, DA IT-
HOCTII, VALOROUS, JASSFUR, HARRIER, SAPTHO, and PLUmneR.

A Dlr. Ben started at one o'clock yesterday morning, front St.
('hurch•yard, for JO° sovereigns, to go on loot to the :iBth
niile 'stone, i:ear Reading, and return in twenty bOurs. II: i
backed to do the niatth at .5 and 6 to d.

SPORTING INI

..• •
MIDGRNOR'II7II747O t./1 .'7
es of tOge for 3 r Bet: Mb.
t
all
b."; MIA • e
Tiii.9l/imbersi Pima Of stSO.
Cisborne's c. hr.-Fab° da Puts 4 yrs old
Mr., Patrick's k f. Actress, 4 yrs old
BOX R RS.
The fights for this day (Monday) are fixed to take place within
19 miles West of Logsdon. It is strongly rumoured that neither
O'Neale, the Streatham Youth, nor Baldwin, are well, and that it
Will not be a fight. Jem Burns and O'Neil, the second of Linear),
are in excellent condition, and it will be a vetting fight. Langan
arrived in London on Saturday, and win second his countrymar
bottle-holder, Crawley. Burns will be seconded by Harry Ilarrne r
and his uncle Ben Burns. Betting even on each event.
TROTTING MATCH FOR 200 SOVEREIGNS, AT
ASHFORD.
Captain Dalrymple undertook his nistch to drive twent7.ei• bt
miles in two hours, in harness, seven nut to and fro. The mecum •
was a lofty new constructed one, built fur the purpose. 'Put hor.e
is something under 16 hands, and the seven miles were done as fol-
lows :—the first seven in 29 minutes 36 second,; second seven rules
in 99 minutes 38 seconds ; third seven in 30 mingtea two second.,
the wheels having been backed for breaking into a gallop ; and the
fourth seven, completing the 98 miles in 30 minute. five .e•conds.
Total one hour, 59 minutes, 21 seconds. lie was backed to w:n
at five to four.

•

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1 1
II ?

UNIVERSITY and CLERICAL INTELLIGENCE.

..---
CANIIMIDOK, JULY r.S.
The Bishop of Exeter held an Ordination in the Cathedral of
that city on the 11th inst. when the following Gentlemen of this
University were ordained :
1/r.acolos—C4arks Wicksted Ethelston, B.A. Trinity College;
John Glencroas, B. A. Queen's College; George Kemp, B.A. Tri-
nity College.
Patiners—Janies Ilimilton and John Chichester, B.A. Magda-
lene College; George Robert Gray, B.A. Crisis College; Michael
Nowell Peters, B.A. St. Peter's Colltgt ; and John Truman, B. A.
Catharine

ECCLESIASTICAL TROMOTIoNS
The Rev. George Ernest Hownsan, M.A. Vicar of Sunning.
Ilerks, and Domestic Chaplain to the Marquis of Lothian, is pre-
sented by the Bishop of Salisbury, to the Mastership of the Hos-
pital of St. Nicholasn in that City, vacant by the death of the
ltev. Thomas ItennelL
The Bishop of Salisbury has collated o.le Rev. Thomas Henry
Mirehouse, ALA. to the Prebend of South Grantham, also void by
the death of Mr. Rennell.

The Archbishop of York has efillated the Rev. PAlmund Good-
enough, D.D. late Student of Christ Church, Oxford, to the Pre-
bendal Stall of Wsrthill, in the Cathedral Church of York, vacant
by the;deatb of the Rev. John Josias Conybeare.

FIRE IS GIIANCLRY-LANE.

FURTHER PARTICULARS.
In the Seas of Saturday we gave an account 91the fire which took
place that morning in Chancery-lane. ft broke dot at the house of Mr.
Dunn (not Jones), a dairyman ; bnt how it originated is not known.
It was first discovered by the watchman, who observed the smoke
issue from the lower part of the house, and raged for some time
with unabated fury. Thl. alarm having been given, it was truly
distressing to observe the inmate; making their escape, and implor-
ing assistance. A family named Gough occupied the third door,
and experienced the greatest difficulty. The aged mother was •o
much terrified, that she was unable to save herself, when one of the
sons (Charles), a youth of. about twenty years of age, with great
difficulty carried her through the fire at the risk of his life, leaving
his younger brother, Francis, and his sister, Sophia, behind, who
were so much alarmed that they jumped out of the window.—
Francis, who holds a situation with Mr. Hall, the Ilarrieter, h.te
both his knees fractured. He was removed yesterday evening to
the house of Mr. Hall, whom he was this day to have attended on
the Circuit, from Mr. Marsh's, Chancery-lane, where hews.; firat
taken: Sophia Gough, his sister, still remain; there, with littie
hopes of recovery; she is under seventeen years of age, and is a
pupil of Mr. Le Clerc, the ballet-master of the Coburg Theatre.
The flames communicating to the adjoining houses, baffle., the
utmost efforts, and in a short time the whole front and roofs of Ole
three houses fell, and the firemen with some difficulty escaped. The
house of Mr. Palmer, the robe. maker, was also burnt en one side,
and had not a plentiful supply of stater been obtained, there is no
doubt that his house also would have shared the fate of his neigh-
bours ; as it was, the entire side of wainscoting was burnt off, and
exposed to great danger some valuable robes that were in the rooms.
The ruins of the three fallen houses remained wrapt in fi ,mes, and
prevented the approach of the firemen to the back buildings. At
this moment persons were seen running out of Star court, which is
at the side of Mr. Palmer's house, endeavouring' to secure their
goods in some place of safety. The fire had communicated to a
' house in this court, which was inhabited by eight families; with
considerable difficulty it was confined to that house. .The court
itself is not more than fifty feet square, surrounded by houses, and
the entrance to it extremely narrow and blocked up by the engines;
at seven o'clock, however, the flames were so far got under that no
apprehension was entertained of its spreading.. Attention was
then called to the persons who formerly occupied these houses,
and we lament to state that one woman is missing. She was sees
coming down the stairs of the house in Star-court, and being
so much terrified, she fainted away. In this condition she
was observed by several persons, and some of the most active
rushed to tie spot, but before they could gain it the stairs fell, fol-
lowed by an immense quantity of brick work, and the poor woman
was burled from view. The loss thus sustained is very 'great.
—Mr. Dunn and Mr. Bliley are insured, but their lodgers are not,
and are consequectly deprived of everything. The kitchen of Mr.
Dunn's house was occupied by a pour wontan who took in wash-
ing and mangling to support five children. Mr. Newman's house
and furniture was insured until about twelve months ago, when he
neglected to pay the premium. and by that means forfeited all
claims on the Insurance Company. The persons who resided in
Star-court bare lost the greater part of their property. A pout
man of the name of Higgitt, who lost the sight' f one eye in Egypt,
under Sir Ralph Abercrotnby, and is now a ticket porter at the
Temple, who lodged in one of the houses, had the utmost difficulty
in escaping with his wife, with nothing but their lower garments.
Several of the unfortunate sufferers have received clothing, pe:u-
niary assistance, and letters to medical institutions from respertalle
individuals ; anal we have much pleasure hi adding, on further in-
quiry, that the woman supposed to be lost was carried out in a
senseless state, to Mr. Chitty's, and is now quite recovered irons
the effects of her fright. ,

CORN EXCHANGE, AIABK-I. ANT-, JULY 26.
The zrrivals of grain in general last week were moderate, and
there was another large supply of Flour. The quantities of me t
descriptions of Corn flesh up this morning are not consider.. .11 .
The weather continues very favourable for ripening the crop', and
our Millers purchase scarcely any Wheat, this trade. therefore, re-
mains extremely dull, at a reduction of 2s. per quarter from the
terms of this day se'nnight. Barley sells very slowly, and does m.t
quite support last quotations. Brans are very heavy in ti,pteal,
and are further reduced is. to 2s. per quarter. Pe-s of both kinds
meet a dull sale, although the prices are unaltered. The eontint• d
high averages for Oats, which renders it probable that the Ports may
open for a general importation of that article, occasions the factors
to be eager to sell, and for the same reason our buyers decline pi r-
chasing ; Oats are therefore extremely dull in sale, even thctlch
offered at ls. per quarter less than last -,Nionday.

ON Boaieta, st,e,surv.,
355. 405.
Wheat, Red (new), 48$P.Iti6C:S.
- old, 58s. 68s. - old, 00s. Ots.
White new, 525. to 67e. Bears, Small, new, 395. 404.
- old, 60s. 745. - old, 41s. 445.
Barley, New, 325. 395. Tick, new, 51s. 365.
- Old, Cos. 00s. - old, 575. 41s.
Peas, Grey, New, 335. 355. Oats, Feed, new, 19s. 275.
Old, 355. 38s. - old, 04. os.
Alaple, new, 375. 404. Polttrd, tiew, 208. 2Cs.
old, 00s. 00s. ----- old, Os. O.
White, new, 355. 38s. Pota toe, new,•Vr. 304.
...-.......- old, 40s. 425. ---- old, Os. Os.
Boilers, new, 40a. 445. ----- Scotch, 305.325.
..-- old, 00$. GOs. rio•T, per Sack, 50s. COs.
aIIItIVA,.S ! Air ,'"EKIC.
Wheat, English, qrs. 4,754 I Beans
Barley . - 410 Peas
Melt . 4,232 .1 Irish Oats -
Oats - - 10,819 l Eiii!ish Floor, sacks
SMITHFIELD MARKET, JULY 21.
There was a good supply of all descriptions of Cattle at Market
this morning, but more particularly of Lamb and Mutton ; although
the trade slid not seem brisk in :be earlier part of the morning, :, ill
high prices were demanded. Lamb of good quality oht.dittd a
high price.
Beef, per stone of elks. 3s. 2d. to 4s. 2d. Mutton 34. 43. to
4s. 4d. lamb 4s. W. to Ss. $4. Veal 4s. ed. to ss. 64. Hay,
per load, 61.t0 71. Straw, 21.2*. to 21.105. Clover, 61. ds. to 7i; 7s.

.

984
1,758
7,948

.:.1,