Star.
London, England, 1809-07-31 00:00:00

YARMOtrrli, JULY 28.

question
of joint capture. The _ held that the fleet employed on this
occasion, was not a fleet stationed eft' Brest for the purpose of
blockade, but a fleet of observation only, and therefore pront.unced
it not entitled to share.
The Court adjourned to the 14th of September.

An ivcd the Acu rr•, gun brig. Sailed the BREV.•
DAGEREN gun brig, BRITISH FAIR cutter; Ems and
Fande schuyts for Heligoland.

JULY SO.—Arrived from a cruize the CALYPSO
sloop of war and VIXEN bun-burg ; and remain- in
the Roads with the ROEiII'CK and ACTIVE gun-brig.—
An express arrived here last night, and this morning
the Ships in the Road and Harbour were released
ft:ma the Embargo.

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17 •A
. ARattfAis. $ , '
At Liverpool, the Jane, Wilson, from St. Vin Cent's • Deme- 1 4ssti Rit. ,
rata peeket, Rising, from Para; Neptune, Watson, Rl:nt Phila. i CHELMSFORD, MIN 2".
deiphia ;.Charies,,Stone, front Viroinia ; Flora, Lake. l'hin New •
I-.SPPCIA L JCIII/NS. • .'
.' '''' ' ' • '-'
York 1 and Alm', Baker. front Massachusetts. At Clyde, Alexis, C OL SIDE.--
Livingstone, from 'Frit:lead; Jane, Crawford, front D. minica ; . The cases which have (-4:correct ;:t chile A cst.rc,
and Friendship, Butter, front Lisbon. At Dublin, William Brad- although some of them were of importance in FOlilt
ford, —, Iron Chariston. At Cork, San Antonio, —, from of property, have possessed little interest.
the Brazils. At Cadiz, Juno, Sirdtn, a;id Oak, Mason, from •
London. At Liyerpoel, the George Washington, .--- from . BOULCOTT V. WINE/BULL.
New York ; Lucy, Dunn, from Pernambucco; N. S. de Zarmo, i INCLOSUI:E ON EPPING FOREST.
--...., fru.n 1.3..!.5a; Acasto, Barlovi, front Amelia Island ; and This was an action of trespass, for pu.iing down
Mentor, Young, from Messina. At Whitby, the Aiinwell,
1 Johnson, from Greenland. At Waterford, the ranger, Ford, the fences of the plaintiff.
front Newfoundland. At Pernambuccu, the .Correo de Londres, The defendant justified, as having a right of corn-
from London. mln in the place inclosed ; and the plaintiff, in re 4.
The Charlotte, Sale, arrived at Bristol, front Jamaica, parted ply, insisted that he had a right to indose, by the
from the fleet, at the usual place of separation on Monday last. leave of the Lord cf the Manor, and the consent of
The Dominica packet, Rising, from Fara, fell over in the Dock ,
' at Liverpool, and is full of water. tnn Homage, both of which he had obtained, accor-
, ..
The Merru-'d frigate arrived at Lisbon on the 7th instant from the manor.
ding to the custom of
England; also the Princess Elizabeth packet. : The defendant, in reply to this, pleaded, that there
A fleet, consisting of 14 brigs, arrived at Cadiz on the Stlnin- ' was no such custom within the manor.
cant from England. • I Mr. MARRYATT having stated this to be the sub-
The Comet, M'Donald, for London, put' back to Kingston, .
6th ult. in consequeuce of being rather leaky
Jamaica, on the
in her upper works; sailed again on the 12th in company with : Mr. GAlutow, as C unsel for the plaintiff, obser-
the packet (arrived at Falmouth), and Larkins, for London.— ved, that he should have occasion to detain the Jury
The Comet and Larkins fell to Leeward on the 13th. . but a very short time, as the only question for them
The Mary, Davis, which was seized in the Delaware, under •
.. to .determine was, whether, by. an ancient custom,
the Non-Intercourse Law, has been permitted to enter, . -
The Louisa, —, front Jersey to Gottenburg, is taken and . within the manor of Westham, the Lord and the
carried into Norway. 1 Hostage had a right to grant and tnclose parts of the.
The Sweden, Hopkins, from St. BartholOrnew's to Jamaica, has waste land of the manor 2 The manor of
been taken, retaken, and arrived at Jamaica. Westham, •
Ihe said, had 100 been the property of the Crow
, The sloop Agnes and of Dumfries, lately sailed from
Maryport, with a cargo of lime. About two hours after her do; 1 . .who had leased g
it to the family of the Hcnnikers,
parture she sprung a leak, by which means the lime took fire • and, -upon the expiration of their last lease, it was
hut the wind being fair for Balcurry Bay, she fortunately reached
that place before any serious consequences occurred. On her sold under the Land-tax Redemption Act to the pre-
r.Humphries. The
arrival, she was scuttled and stink. She had, however, been sent Lords, Mr. Johnson and Mr.
-
greatly damaged, most of the deck having been blown up by the present plaintiff, Mr. Boulcott, had a house on the
explosion, and her sails and cables partially burnt. borders of the Forest, and as there was a small piece
ADMIRALTY COURT, JULY ea. of the waste lying at the back of his house, which
This day the Right Hon. Sir W. SCOTT proceeded was useful to nobody, but mg • ht be made very use,
to the adjudication of the following cases : fill to him, he obtained leave from the Lerd vnd the
Fra Gustava, Wagons master.—This was a question of salvage Homage to inclose it. He did so, and, after he had
set up by the Three Sisters (a fishing smack), for assisting the fenced it in, the defendant, who was a farmer in the
above vessel in getting into Harwich. The Court rejected this I neighbourhood, Bulled down the fence or a part of
demand, as an extortion, and condemned the salvers in the coats, -it with a view cf asserting a right of common. Ile
Friede, Ph ters master.--,-This v-a. a Dutch fishing-boar, which '
was asserted to be coming to this country under a licence.— ! did not ask any damages of the Jury, the action was
Condemned. I merely to settle the question ofright. He would
Vrouw Cornelia.—This vessel, laten with brandy, shipped at ! prove, by ancient dacuments, that it was inclosed
Boureleaux, destined to this country, was under a Bernet. at the
opportunity of
time of capture. The Court gave the claimants an ;
,agreeably to the ancient custom of the manor, -,.:licii
would entitle him to their verdict. ,
showing that they really acted under the said licence.
l'orsigneed, Willestlon Napoleon master; Michael master.— The trespass was proved by tile defendant, and
These were questions of joint capture, set up by the fleets, on the 1 his servant having sawed dawn a part cf. the paiEng,
ground of being associated in one enterprise for the purposes of 1 and riding through the inclosed ground'.
enforcing the blockades of the enemy's ports. The Court was
I
of opinion that the fleets were entitled to share with the actual To prove the right of inclosure,
captors. 'rile Steward of the manor, Mr. Stanley Smart,
Vrouw Constantia, Dykasou matter.—This was also'a - was called, who said he had known the manor all
- - Court ` -

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I

.1
his life, as it was formerly his father's, who sold it to
the late Lord Henniker, and the witness continued
the Steward. Ile produced the Court Rc:ls from
the time of Car. I. when the manor was on lease from
• 1 the Crown to Henrietta, the Queca Consort, and
Saturday afternoon the Princess of WALES and Duke from the year 1023, downwards, several instances
of KENT arrived at Windsor, and together with the were read of the Lord and the Homage granting
Princesses AV COSTA, EI.IZAIIiiIII, Soema and Lady leave t'' inclose small pieces of the waste. Most of
koneerea, accompanied her MAJLiTY to the Willows, I these cases were, however, out of that part of the
at Surly Heath, the seat of ToWNLY WARD, Esq. 1 manor which ley within the bounds of the Forest ;
where they were received in due form by that gentle- i and several others were in Stratford, which, although
man, and afterwards walked a considerable time in I within the perambulation of the Forest, as laid down in
•
the gardens ; viewed the gentlemen of Eton College 1 Manwood's Forest'Laws, yet were out of the actual
on the water, and partook of their annual entertain. , Forest part. One instance, however, occurred, in
ment on the opposite shore, in a meadow belonging 1650, of the grant of a piece of the waste, very near
to MONTAGUE GROVES, Esq. where the tables were the spot now in oispute. The plaintiff resting his case
spread with all the delicacies of the season, and served i on this evidence,
w:th the choicest wines, negus, syllabub,' &c. which Mr. Serjeant SHEPHERD contended, that it was im.
was conveyed across the water from Mr. Towenat possible any such ancient right of inclosure could et-
Weep's seat, for the accommodation of the Royal ise in any part of a Royal Forest, as it was inconsis-
Visitors, who, after having expressed their satisfaction tent with the King's right of chase and flee warren.
at the hospitable entertainment they had received, If such a cli eons could exist, it went completely to
about eight o'clock in the evening left Surly Heathidisafforest that part of the forest which lay within the
for Windsor, where they arrived in about half an hour i manor. He then adverted to the instances produced,
afterwards. It is expected the Princess of WALES I and observed, they were of a trifling nature, such as a
will remain with their Maass rtra at Windsor for home few feet to set a wall square, and out of the view of the
days. forest officers ; but, in the present instance, the Lords
had at one time, inclosed four acres, and avowed
Ay English cutter, which passed the Sound on the their intention of inclosing the whole waste, if they
26th ult. with dispatches for St. Petersburghereturned could succeed in this action. They had boueht the
with a flab of truce to Elsinore on the '4tl; instant,/ manor as a speculation, and were actually selling the
having in the interval traversed the Baltic and Gulph I waste piece-meal, to the destruction of the com-
of Finland. The Commander of the Danish rowing
movers' right of pasture.
flotilla, in consequence of the dispatches which he re-
The LORD CHIEF BARON declared, that it was a
ceived by this conveyance; went twice on board the I new point of law to him, whether a right of inclosure
British Commodore, off Helsinburgh—his visit was could exist in a loyal Forest, and he wished the opi-
returned, and various speculations have been coca- 1 nion of the. Court to be taken on it, as he could not
sioned both in Denmark and Sweden by this inter-1 u d k n erta eto decide it with the little consideration he
course. then had the means of giving it in the bustle of an
. The Dutch Herring Fishery, which used to em- A.ssize ; but, with respect to custom, he left it to the . •
ploy several thousand fishermen, this year engages Jnry to say, whether they thought, from the it-Ist:en:es
only three smacks. The seizure of 1G cod-vessels by produced, it existed or not ?
•
the English, is made a pretext by the Government The Jury said, they found it had been the custom,
for preventing a trade which, it was feared, might but they gave no opinion on the right, Verdict tar
afford facility to commercial or political intercourse i the plaintiff—Damar-bes is.
with this country. LORD MAYNARD v. WILDMAN.
Saturday, at the Sessions for the relief of insolvent i This was an action of trespass, for cutting down
debtors for the county of Middlesex, at Hicks's Hall, I trees. The question was a boundary of copvliold-.
above 70 persons were restored to liberty. Thoses The COurt spent several hours in examining old
who were objected to, were remanded, till the whole iwitnesses, and at length the Jury found for th plain-
free from objection shall have been released. tiff, thereby determining the spot in questian to be
The wife of a private in the 7th Light Dragoons, within the bounds of the plaintiff's manor.
who was taken prisoner by the French the day before NENIP v. FILEWOOD.
the battle of Benevente, between the English and , In this case, the defendant is Rector of &hie Hed-
Fiench cavalry, very unexpectedly joined the regi- i ingliam, in this county, who has, for several years,
ment at Guildford on Thursday morning, aftera long lived in a state of Civil War, or, what is as bad, of
and perilous journey. The account she gives is, thatl Civil Law with the parish, respecting the tithes. The
she remained with the French army in Spain till Present case was tried at the last Summer Assizes for
April last, when they gave her a pass to go into this county, and now came for a second trial. It was
France. She set off by the .vay of Bayonne, and an action of trespass for not taking away tithes after
travelled through Franceon foot to Calais, from which i they wore set out. The defendant refused, on the
place she was taken in the barge by the canal to Ant- ground that he had not proper notice, inasmuch as by
weep, and thence to flushing, which she left on Sa- 1 the custom of the parish he was entitled to notice, in
turday morning the 22d inst. and landed at Ald- ; garden tithes, the night before, for the next morning,
borough the next day. 1 and before six in the morning, for the same day.
CORN MARKET, MARK-LANE, JULY 31.—This.day After several witnesses were examined, as to the
the expected supplies of Grain in general are not yet
come to hand, bur there are a few arrivals of Wheat The LORD CHIEF BARON observed, that by the
from Essex and Kent, and sales are about 2s. per Common Law no notice was necessary, and that it
quarter dearer— Barley and Malt nearly at last prices
custom,
drnOnly be done by special custom, and gave it as
—Peas and Beans of the two kinds likewise—'where
his decided opinion, that the evidence adduced did
are tolerable quantities of Oats on hand, and in this
not satisfactorily prove the existence of such an ancient
article last, prices are fully supported—Flout as our
custom in Sible Hedingham. ' The Jury) theKefure,
last ; fine American also. found for the plaintiff.
•,„
GENERAL CURRENCY AS UNDER I
Wheat, 70s. 85s. 955. • . Beans, 58s. 6:35. The wheat harvest has already commenced in Sus-
Fine ditto, 100 s. 104 s. Tick ditto, 445. 50$. sex, and in many parts in the neighbourhood of the
Rye, 455. 50s. Oats, 245. 28s. ns. • Metropolis, and will be general in most of the squthern
Barley, 855.435. Od. Polainclaitto, 355. se,. counties in the cool se of the coming week. In Cam-
matt, 7os. furs. Potatoe ditto, 40s.
White Peas (boilers)9os.lCos. Rape Seed,4Bl. to soi. I bridgeshire and Hertfordshire the crops are rather
Grey ditto,46s 525. . ;t.' • . light, in consequence of the want of rain, but in most
Fan Flour, ?Ss. to 50,.--Seconds, 79x.755. :il 1 : other parts they promise abundant produce.
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FROM SATURDAY NIGH'T'S GAZETTE.

ADMIRALTY-OF.,IcE, JULY 29. '
Copy of a Letter from Captain Henry Bays, Cornmander.of his
Majesty's bloop the Moselle, addressed to Vice-Adutir.d ROW.
lev, Cominamier in Chief in Jamaica, and transmitted by the
Admiral to the Hon. W. Wellesley Pole.
Moselle, at Sea, May.BB, 1809.
Sin—l beg leave to acquaint you, that I have this.
day, after a law hours chace, captured the French na-
tional schooner le Beau Narcisse, of eight guns and
fifty-five men, commanded by Monsieur Louis Ores,
Enseigne de Vaisseau. She left St. Domingo on a
cruize un the 7th of May.
I have the honour to be, tec.
(Signed) HENM zeoYs.
MILITARY PROMOTIONS.
Commissions.in the Shropshire Regiment of Militia,
signed by the Lord Lieutenant.
The Hon. George Bridgeman to be Captain, vice Acton, resigned.
Dated lune 19, 1809.
Henry Edwardes, Esq. to be Captain, vice Taylor, resigned.—
Dated June 29, 1809.
Fraser, Geni. to be Ensign, vice Meticke, rornoted.—
Dated huge 19. 1809.
Fidlor, Gent. to be ditto, vice Lloyd, promoted.. Dated
as above.
Smith, Gent. to be ditto, vice Hale, promoted. Dated

as above.
Henry Hawkins, Gent. to be Endgia. Dated July 30, 1509.
Commissions in the Royal Battalion of Fuzileirs Mi-
litia, signed by the Lord Lieutenant.
Thintas Lloyd, Esq. to be Captain. Dated May 10, 1809.
Commission signed by the Lord Lieutenant of the
County of Dumfries.
Ist Regiment Dumfries-shire Local Militia.
♦rent Schuyler de Peyster, Esq. to be Colonel Commandant.—

Dated Sept. 24,1808.
Charles Sharpe, Esq. to be Lieutenant-Colonel. Dated as above.
John Johnston, Esq. to be Major. Dated as above.
David Newall, James Gracie, James Brown, Adam Rankine,
John Little, and Henry Duncan, Esqrs. to be Captains. Da-
ted as above.
John Arnott, John Little, jun. William Hyslop, Thomas Fraser,
Robert Grainger, William M‘Lellan, and John Grade, Gems.
to be Lieutenants. Dated as above.
William Farries, William Hayland, John Burrell, and Waller
Scott, Gents. to be Ensigns. Dated as above.
Robert M`Pherson, Gent. to be ditto. Dated May 20,1809.
David Williamson, Gent. to be Quarter-Master. Dated Sept.

24, 1 itoB.
Samuel Shortridge, Gent. to be Surgeon. Dated u above.
Commissions in the Stannary Local Militia Artillery,
signed by the Lord Warden.
Thomas Teague, John Hitchings, John Bennett, Arthur Pen-
rose, William Glas3on, -John Hitchings (2), Almond Hitching',
Michael Noel Peters, Esbnund '1 urner, John Rule, and Tho-
mas Baker, Esqrs. to be Second Captains. Dated July 20,

1809.
John Bennett (2.), John Pearce, James Richards, Wm. Andrew,
Thomas Newman, Thomas Gilston, James Ellis, Tobias Ro-
berts, and Richard Cock, Gents. to'be First Lieutenants. Da-
ted as above.
Stephen Bowden, Gent. to be Surgeon. Dated as above.
•

PARTNERSHIPS DISSOLVED.
Shand and W,ildig, Liverpool, iron-dealers, December 31,1807.
Joseph Nye and John Gower, of Tonbrt4e Town, Kent, tan-
ners and Torbridge-ware-manufacturers, April 10,1809.
Richard and Wm 1 inkler;of Cranbourn-street, Leicester-fields,
silk-mercers and ..acemen, July 25, 1808.
Mason, Wilson, and Jenkinsons -Lancaster, solicitors, June S 2.
Alexander Jesup and Bernard i3arton, at Woodbridge, Suffolk,
In the corn, coal, and lime trade, March 2,', 1809.
Robert titringer and Wm. Wild, of Nottingham, auctioneers and

ap;~-si+ers, l ily 20, 1809.
Josef . Gibbs and CO. of the parish of St. Philip and Jacob, in
• Gloucestershire, brick and tile makers, Des. 21, 1808.
Henning and iluston, of Weyinouth, Dorsetshire, bankers, June
SO, 1809.
Wm. Henderson and John Nixon, of Great Tower-hill, London,
cornfaetors, July 29, 1809.
Wardell and Co. of Birmingham, manufacturers in silver, May
SO, 11:09.
Hibheit and Cottrell, of Macclesfield, Cheshire, shopkeepers,

July 24, 1809
James Gilbert, of Gillinghatn, and Isaac Ryan, of Rainnam, both
in Kent; surgeons, dec. June 25, 18(.9.
Scone Varnham and Gabriel Andrew Hesse, of Tower-street,
London, brokers, May 31, Iso9.
John and Philip Chappell, of Princes-street, Leicester-square,
brush-makers and turners, July 21, 1809.
Edward Bryan and Co. Bristol, booksellers, printers and stationers,
July 24, 1809.
Etls and Collier and Co. of Manchester, cotton-merchants, July
18,1869.
Thomas Fassett, Sir Robert Burnett, Robert Burnett and Charles
Fassett Burnett, all of Vauxhall, Surrey, vinegar-makers, and
distillers, December 31, 1809.
Parkinsm and Footit, at Scawby, near Glamford Briggs, Lin-
cul-Ishire oil.merc.hants, July 20, 1809.
Thomas Maynard and James Porteous; of Mount Pleasar.t,
Gray(s-Inn-lane, horse-hair manufacturers, July 11, 1809.
Mary Elizabeth Kingsbury and Hannah Tyler, of Ponder's-End,
M:ddleseX, school-mistresses, July 10, 1809.
Band y, Lacy, and Carnsew, London, May 31, 1309.
Win. Beharrell and Wm. Hibberdine, haberdashers, April S.
Jane Smithson and William Budle, at Monk Weremouth Share,
Durham, coallitters, July 1, 1809.
Wm Prosser and Wm. Sherwin, New-inn-yard,-parish of Shore-
ditcli. Loudon, dyers, June 24, 1809.
I,7.v:ince and Co. No. 82, Upper Thaines-street, Apr? 1, 1809.
M a-7, George, and Alice H:bden, of Fenchurch-street, London,
and beer-merchatits July 13, 1809.
rapt., Hot., and Jolly, Wood-street,: London, haberdashers and
watvh4useasen July 6, 1.309.
JE"..g, Snow, • and Allen, of Banbury, Oxfordshire, and No. 12,
Walbrook, London, une 80, 1809.
Gnneornok and Newman, of Dunioidge, Gloucestershire, barge-
owners and carriers
.Barns and. Wolfendon, of Bury, Lancashire, whitsters, Ji:ly 13.
Watson and Collinson, of Manchester, Lancashire, woollen-mer-
chants, Jane 24, 1909.