Star.
London, England, 1806-11-22 00:00:00

INGLIS V. Kt N7INCtUN.

Our Readers will recolleel this cafe, which was an
:Ohm tried in the Court of Common Pleas, at the
fittings after lad Michaelmas 'Perm, in witich a vet.
dill was foUnd for the plaintiff, in the average Ink
of Go per cent. upon 45.0001. in Spanilb
dnlLs'
The action was upon a Policy of Infurance, fife&
ed upon the Spanith fhip Hector, inhered by the de-
fendant, on a voyaie at and from the Hatrannah to
the Babamah Hanoi, on a cargo of higwood and
fisetie. The fads attendant upon this caulk are par
ticuhirly interefling, as enibraeing the quellton, whe-
ther an alien enemy, under particular eircumnances,
can recover in a Britith Court of Inflict? The Po.
Hey was effefled upon the Hector; and it was (lion-
latedt that aphough the tiro klagdomb of Great
Britatn and Spain were then at war, a protection au!
thorieed by this Government fhould he prnetared, by
whkh means the veffel would be rendered fele f:om
the attacks of Englifh cruiters. The licence was
obtained front Governor Dowdfitell, thin command-
log -in the Bahamah Oland, ; and the (hip was to fail
on the sft of May: By a nietioraridam, however,
eadurfed ,upon the policy, it was agreed, that the
time of the Hettnr's deptattem -horn the Havannah
fltould be. deferred till the ill of A'aigult. The venal I
Ida was the property ref k Spaniard of the name of
Don Juan Valets. bat. ibeitergn,lselonged to a Mr.
Reid ; b 411 et them were inbred in England. The
HO( r failed ; b'ut ~n her ;mirage through the Gailph
of Meeks', the was call away upon fame coral rocks,
and neally a fatal loft took place. The cafe now
cattle haute this Court, on a writ of error, from the
Common Pleas, and the quellions for the decifion
were contained in a hill of eiteptions. -
Mr..Meratiar argued in fupport 81 three propoll-
%ions, which barred the Plaintiff from any recovery
from the Defendant, as one of the fubfcribers. He
!contended, 61114-that all alien enemy cannot recover,
tinder any cimunsflance., in .a &kith Court. and
fupported his opioion upon the &Eel:urination • of the
learned Littleton. He nett argued, that fufficient
proof of „the. Heiane's ikence had not been adduced
at the trial, inafinuch as the only teilimony to (sip.,
port it,. was that of the Secretary of Governor Dowdf
welt, who was unable to conk. with certainty re-,
, fpetitni hi. and, thirdly, tee Paid, that the memo•
random of the t tth of June, indorfed upon the ori-
ginal policy, was not prnpetl)r Ramped, becauff it
contained part of the Subject matter of the pokey,
without which it would-be incomplete, and therefore
ought to !love received the .11amp requixed for the
oliginalaiocttment. He alluded to the cafe of Le
Brett and Papillon, where It had .beeta Paid, that if
the party who is plaintiff, or who receives any bene-
fit from the fuit, be an alien enemy, he cannot reco-
ver. Iq the prefent inflance, the plaintiff on the re-
'cord was an tEnglithman; btu. the real plaintiff was
Don Juan Valets, a native of a kingdom with which
his Majelly was at war.
Mr. Casa, in a 1011 E. learned, and elaborate ar-
fvrent, oppored the reafoning advanced by M.
. He laid, in whatever fituation the patties
might be confidered, without the proteelion granted
by this Government, yet that the licence had the
etre& ofrtmoving the hollilities which before exined,
and this had been laid down as a principle. It
could not be contended that the law would debar a
foreigner, from a tight to recover upon a policy, when
his trade had been encouraged by the Government
of this country for its advantage. The trade Well
was prohibited by the Spaniards and it was only by
inducements like there, that fuck commerce could be
maintained. He adverted to the well known ca'e
of Potts and Bell, where Lnyd Kenyon had Paid, that
it sear illegal to maintain or all the enemy ; but roar
this cafe, the Learned Conrail contended, it was to
this country that the of inance was afforded. Mr.
Carr alluded to the decilions nhich had been mad:
in numerous cake on this &Nee, and particulaily to
thole in Brandon and ...Curling, by Lord Ellenho•
tough ; Brandon and Ncfbitt, and Brittow v. Tower.,
where this doetrine had been fupported.
Lord Eaatesottoucm obfetved, that After fuel
able dilkiiffion, and after fuck numer ius autheti:ies
had been brought under confideration, it woold be
neceliary for the Court en examine the cafes, and if
they felt the Int:1110 d. übt to on the inkjet% a far-
ther argument (hould take place.

COURT OF COMMON PLEAS. NOV. sr.
rawr t.t. V. LUGIITON.

This was an aeoion for dam iges againg one of
the owners of a vetrel, for injury done to a quantity
of goods Gipped by the Plaintlf on board thereof, for
the purpofe of b:ing convovc•ti to
Mr. Serjeant VAUGHAN argued, that the Defen-
dant coulu not be made tingly, bald: for the aloledged
negligence ; tie loundati,n of thle aflion b.:lng the
cutitrott entered into by the ieveral p tuners, who
were II equally employed in the conveyance of the
griuds, altlionh they d.d not all take an equil thole
in the management. In fuppr.rt, of this he quoted
various cafes.

Mr. Serjeant BAYLFY, on the part of the Pl..;tvifF,
c.,nEcildr,i, that Ire. had to complain t f theipolv ne-
gli,;ence the Defendant alore, by which a /panto),
v./wable goo& wete entire:). loft to hi, Client, and
tha the/rime. the haid Defendant WAS individually
,ba'de for dxo.sges. Ihe gift of the attion being for
negligence, he nn!hii.y t 0 do with the other p•rt•
ne As the practice t f the C out did not didingtiifh
between at-tient, founded upe.- egligta , and artion-
founded upon tic c• level al pat merv.—
I lad it beau the 'riot I;renee 4./11 the tiller part,
lie/ in do, conc. rt. t.,IS t, t! c
might hove I;:tti ti.froc: t. 1. ~‘ h.. en .in a<fi II
111 ig;tl7ltiii, then the plc., a:),4 er-tew ;ght haw:
been allowed, t.u• nhete the ;te:ion w;,N i ItorreA
upon the hegliEone of One pA:ty, negligcnce

.• •
could not be fa;d to be the negltersee of the °don .
concerned. The Learned Setjeant alto pointed nut
feveral cafes and opinions, in favour of his &Olive.
.81r JaMes MA111,11140 thought that time 'further
time was necelfary., in order to make up his mind upon
the fubjea. He could nut think there was any eV.
ference as to the nature of she aliion to be bront,ht
for the non performance of a thing, or for its having
been done improperly. If a builder, who undertook
to build a hustle, negtetted to do it, or built it "its
fuch a Cuperficial manner that it falls down, the
in either tafe is founded upon the cont; att. and the
caufe of attion is the breach of contralti by non•per.
formance, or by csegligence. It was re.sfondble that
the plaintiff thould proceed by that form of saints
which is the molt convenient, whether i: he againa
the whole of the partners together or indii iduslly.—
The deeifion of this was poaponed to I future day.

Saturday laft, Firmav G AAAAA ORD, Erq of Du-
galdann, was unanimouily re•elefted Lord f
the Univerflty of Glafgow.
The late Earl of GALLOWAY, whole death na
mentioned on Thowfday„ was a Knight of du;
IYMa, and I.nrd Lieutenant of Wigtonthire. Six
of his Lnrdfhips funs are now living, and fevers
daughters, all married, namely. Lady CATesßrva
GRAHAM, the Marchionefi of BLAND/ORD.' Lady
HARRIFY SPFACIIR Lidy EL17.•11.111
twos, Lidy Citaatneva Caory ,w, and Lady Ca.
ROLINY Itustiour.

On Wednefday the KING'S httntfmen, yeomen
prickers, and keepers of Windfnr k, met in the
Li•tie P 4/ k, for the purple of milk? lonne deer, to
take them to Swindlt y, to hunt the cot• i g teal n.—
They eaperierced very bad fpnrt. They could amy
catch two, and hid tl'e mist ►tune to kill fiv. Two
leaped the park wall, and wet., off for •t r F re .
They sefitmed the fpnrt nn Tiurfday. The Princelr•s,
.after taking their m,rring 4e i h his Majriry,
went into the Little Park, arid j io d in the chaee.
A enuding ma 'eh t•i.k el tee lait week n E I'm
Downs, he Mr. SCOTT ASO'S c 1 re ed d g
Fly and Mr. Vit.c. •y'sequ'+lly rcn • i•ed etra ittni
named .now bull. The LAY er, i i well kii wn, tv
lately tae pn•pe/ty of Col n-1 THuR NT N The
match was fur too guineas. Att•-a• ten o'clock in
the morning the hare was put op, and .he d.'g. flatt-
ed in good 11)1e. The betticy was van to line iM
Snow-bal. The latter to 'lt the lead, and kept it
few kennels ; but thurtly after ward+ Fly palled hei
antagunitt, and gave the three 6rft to: as is cal 441
order. .The match was decided in abnut ten 'ninnies:
Dauer Lev s.:—The Play of the " rastralliw Massli!
was repeated wish a few and unimportant =Acne
and alterations. The audience, which was nut nu-
merous, loon began to calm& their difpleafuref. The
hiffes and cues of st Of Offl" increafed fo mach
towards the close, that not leo words of the sth Aft
could be heard. The curtain fell, and it was autumn-
ced the Piece was es*hdraws.
CoreNT GARVIN:The fplentiti Spectacle, "
DISIRTS OF Amu," was again prefented Taft night,
and proved very attridil•e. The fcenery and decora-
tions are equally novel and fuperb, and the mechanifts
behind the (Cents (hewing more ezpertnefs than on
the licit night, the piece went on, without any farther
•interruption than what arofe from clamorouiappro-
bation.
The quantity of Spiritual ejaculations introduced
into our modern plays, is really cenfutable. Knyza.
sue, the father of this praftice, alway► millakes de-
votion for piety ; and thus gives his heroes and heroines
the the:fora of Vice, and the reward; of Virtue.
The renter+ of the Middelefez turnpikes are toting
pool. daily, by the continuance the poll for that
county; for, by the nature, all the toll-gates are
obliged to be thrown open pending•county ele&ions.
It is calculated, that not left thatfthree millions of
foreign property have been vetted in our Naas within
the lett tea days. .
From a lift lately publiihed of the perfons who died
left year in the beptarchy of Pinfafck, in Ruaia, it
appears that five of them were t to years old ; one
13 ; four I ao•; one iv ; and one the amazing age
of iso years.
A Country Magißrate being anted, what was
meant by a "Minor Canon answered--" I fuppofe it
moans a pb7o/ or gun I"
With regard to the difpenfatinn of Law in France,
BON A FAITS'S PIM is the Law—his Caprice the 7ury
—his Power the judge—•and his Fury the Exerotimec..

SMALLTHINGS C,MFAKED WITH
Vehry Meeting, one of the Parish Orators began his
oration with thefe words: ..The eyes old/ tyre:pare
01: day fixed on the proceedings of this Aflembly."
Two pears were, not long find, plucked in a gar.
den of a villa, near Twickenham, which, together,
weitzhed 36 ounces.
Yeflerday came on to he tried before the Judge of
the lt,latfbalfea or Palatine Coutt, a cattle fir the re-
covery of 91. from a Captain of a Volunteer Corp•,
as arrears of pay due to a churn boy ref that cotes,
91 the name of Innes. Colonel Gaitkiil proved his
having paid the Captain the money. 'the Jot y,after
a thort hefitation, gave a' verdict againti the Defen-
dant for the wh-le Amount. with coils.
Yelterday.hepherd, C-ok, aid White, time
men employe a by the Eall Ind a Company in lan !-
ing hme teas, were filly aornmit,e.l for trial by the
Lott Nlavoi, at the Manfi.,n H •nle, charged wi.h
Ilealior three pound- of fine te.. They were Oared
to be all pertons u-t troll, empl..yed io iliffetsat d •
Partriencs, but wit,, had c,.rtibined togethe,
1, in the Frovrty eitti titled to thei, ca. e. S one p,.1-
fons of retpeatability appeared to their chit .laC; 11,.t
I the evidence being clear againit them, they wise
committed.

G. Smith, the driver of A h gclutey enach, was on
Thurkt4y fnmm nod hel,tre J. Garr au, ~f
Worthip titeer, t r taking, 3s. is a i, tie t g
fit m the corner of itfoet, B ret,
Somerlet bottle Gate, which is ,•nly • zg e0!1
conviCted in the lint of 31. AnJ c its.
The ope,.i.ig of the new %testi i t le nigto tAhle
fnr the letergt.inat,g.n vl gn gm, ..1
at r..c'hve Lntte,y Sc!.vn e r. oligh ~f
but 25.c0n Ti:krts, it c-s t ~ .1 t.g. . . t.t;
r thr tw `. I's t•• : )
each. Pin ,chat yOs -'e Uri ;Act ;y
t tny A tgeo:,ll ,li.o, e.
re— then, with F. ~,,,tc‘. 1-•.; !v
them t pal% r• lo CAI of it/Cll CS in
opulence and

I

F

SIR NM. FoRBES.

Clo the loth inflant, died, at Edinburgh, Sir W.
Poises, of Plage. In the revered individual, who
has thus doled a long and honourable life, fnciery has
to bewail a Inf. which will not be loon or ea-filv fup-
plied. Sir Wm. Forbes was one of the difliosruillied
few whom PROVIDIVCI (terns to have defined to
purpofes of the higheft dignity and ufetelners. by
combining, with a Itation of great influence in foeiety,
the belt attribritei of the underflanding, and the no.
blelt qualities of the heart. Barn to the inheritance
of an ample fortune, and bearing one of the moR
antient names in Scotland, this Gentleman early de-
voted himfelflo the improvement of the commercial
inter,* of his country, and was the founder, in con •
junition with the late Sir James Hunter Blair, of
the well known banking eliablifilment which now
bean their mutual name. In this fituation, one of
the higheA which an individual in the mercantile
world can hold, the views of Sir Wm. Forbes were
never direeteii to the confiderationsnf perfonal advan.
tage, unconnetled with the welfare of the community.
His liberality and indulgence were unbounded in the
numerous cafes of mercantile tranfaEtions which came
under his view, of which his luminous and expanfive
wind had &It ascertained that the objects were judi•
cious and honell ; and among thole who may read
this, and who now enjoy the comforts of indepen.
define, we doubt rot there are many who are crinrci•
um, that they might yet have lingered in the tti utgle
of life, but for the confiding liberality of Sir Wm.
Forbes. The flippant and encouragement nt all pub-
lic concerns engaged mach of the att:ntion of this
gelatine patriot; and in public and private charity
his liberality was at once exemplary and unrillenta-
firms. Many are the childrert,of furrow who bids his
bounteons hand and fympathifing heart, whole re.
Levert diffrefres are known only to themfelves. But
it is tint our purport to enter into the billnry e f Sir
Win. Forbes's life, nor to detail the inflances ef be
nevoltrice which have uniformly marked its entitle;
we wifh'to portray his•charatter, not to write his
eulogiurn. In the into-emir& of private fociety. and
in the hof im of hi- family, the qualicie. if Sir Wm.
F ,rbes were not Iris amiable than thole of his public
!tattoo were honourable and urchin In his youth he
bad devoted much of his time to the Ilndy of elegant
literature; and, durings.the costae of his long life, ie
Stever Irm fight of thole liberal purfuits which early
ainetatims had endeared to him, and which, while
they relieved the prefittre of his mote ferious avoca
tr., lent a dittinguilhed grace to his charaCtr r. He
d, in • degree which has feldom been attained,
that smelters and difcrimination, which are confer

red by a knowledge of mankind, with the information
rf the fcholar, and the tinnily elegance of the Cen.
tleman ;--but in him the fa:cinatiiin of manner arofe
from the genuine feelings of his heart. He was polite
and eondefeending, becaufe he was humane and be-
nevolent—he was open and gracious, becaufe he
waa candid and fineere. Sir Wm. Forbes was one of
the earliett Members of the celebrated Literary Club,
which Loaned, among its other illuilrious evciates,
the names of Johnfon, Reynolds, Gal rick, and Burke.
furvived many of thefe eminent men, and, we
I.4iere, has lett few of the original Members behind
him.