Star.
London, England, 1805-12-09 00:00:00

L4lir !NYE LUCE ?WE.

COURT OF CHANCERY, DEC. &
ti 6. was the &It day of the Seal after Term, when
the following cafes carne on to be heard :

SMITI4I). DEAN, OK HIS at•PRESENrATIVIN
It appeared that the Plaintiff, being delimits of
building a calico mill upon grounis which comman•
ded the courfe of a Itrcam called Townbeck, and
wifhing alio to draw into it another fiream called
Beckback, could not do in without permiflion from
the defendant to carry it through a tunnel under an
old road, the fee simple of which he had purchafed
for the fum of 11. Is.; to obtain his permifllon he of-
fered the Defendant igs. but he requiring tl is. the
Plaintiff faid, that WO), he mutt come into his terms.
Upon the itrength of this agreement, the Piaintiff
ereeted his mill at a contiderable expence, and made
a dam, weir, and tunnel, for the put poft of drawing
tl.c ((ream of Beckback under the old road, employ.
ing, at the fame time, the Defendant, with his carts
and holies in the pert*: .rmance of the work,. Thi,
privilege he enjoyed for fome years, withot:t any in-
terruption, till the defendant thought proper to ail-
claim the areement,and to cxercife the righ: which he
claimed, of diverting the Ilream from the mill. The
Plaintiff then tendered him the guinea, which was
neglefted to be paid before for the privilege, but
which the Defendant refulal to accept. As the point
was therefore to be litigated, and that an aclion had
already been commenced, the plaintiff, to avoid the
expences of the law, offered, by way of compromife,
to pay the font of 401. or a rent of 4os. a year, which
was rejeCted. After Rome fubfcquent judicial proceed-
ings, and a decifion in a court of law, by which the
Plaintiff found that he had no other than an equitable

claim to his agreement, he filed a bill againft the de-
fendant, to rellrain him from diverting the waters of
the flream from the purpofes of the mill, and calling
upon him to fulfil the agreement he had made.
Tn this the Defendant put in an anfwer, ftating,l
that when the Plaintiff Mid he mull come into his
terms, of giving. a guinea fur the ure of the water,
he went away without making any anfwer ; that he
only confidered himfelf to have talked of a tempo-
rary licence to ufe the water, but recoverable at plea-
fore, inftead of transferring a permanent right of do-
ing fo ; that he had, en two occafions, exercifed his
tight to divert the water to his ufe, for the purpofe of 'I
thickening lime, without any remonftrance againa
it, on the part of the Plaintiff; that the guinea which
he afked for the permilliun required of him, but
which he had not pofitively agreed to, had nut even
been tendered to him till fome years after the tranf-
ailion, and that he then refufed it. That the Defen-
dant laid out no more money on the mill than
what he mull have done at any rate, with the excep-
tion of the tunnel, which cog him only five pounds,
which was more than repaid by the advantages he
already derived from it. And that, by afterwards
offering forty pounds, or a. rent f forty Millings
annually, for the ule of the water, the Plaintiff mull
himfelf have underftood, that he was patted of no
more than a temporary privilege.
To this it was replied, that the Defendant had him-
felf fanitioned the covenant he entered into, by be-
ing employed as a labourer, with his trans and
holies, in the conflruiti-n of the works, and even
that very tunnel, which the Plaintiff was induced to
make, in confeqiierice of the agreement ; that during
the time the Plaintiff was in the enjoyment of the
privilege, he had never intimated to him that he only
did lo by his permiflion, or that the agreement was
nut binding—and that, as to the offer of coinpro.
mire, it was wifely done to prevent a litigation, the
expenses of which were now likely to exceed, to both
parties, the value of the objet they contended for.
After the cafe had been argued very ably, and at
great length, by Mr. ROMILLT, for the Plaintiff, and
Mr. ALE KARMA, for the Defendant,
The LORD CHANCELLOR obterved, that the filent
content given by the Defendant to the Plaintiff's de
claratinn, that he mull come into his terms of giving
a guinea for the ufe of the water, foemed fairly t
imply that he had given his full confent to the agree'
ment, which he further confirmed by 'icing employed
in the works which were conftruiled in confequence
of it In confequence of the flatute of frauds, this
fort of filent confent had been carried to very great
extent by the Courts of Law ; for, if a man Rood 4's
and allot% ed another to go to a vall expence in pur-
Mance of a right which he meant afterwardstodifpute,
Poch mull be confli tied to be a fraudulent confent.—
Ile reconciled one of the greatell lawyers in this
country, now no more (Mr. Jollice BueLea), carry
this doOrine fo far as to maintain, that if a land-
owner flood by, and, cs ithout interruption, fuffeted a
tenant to he at the expence of opening a valuable mine,
be thereby waved his right of claiming it from hint
afterward,, in shrift conftruilirn of law. In the pre.
fent cafe, he mull look to LLe expellee incurred, with
a reference to the fubjeit matter of the point in
quellion. Th, ugh t! :e expence of the tunnel was
only 51. yet that fnm was nearly five times as much
as was paid for the fee firople of the old road, after.
wards repaid for the privilege of drawing off the
water. Viewing it in this point of view, he ordered
that the plaintiff fhould remain in the undifturbed
poffellion of the right he had acquired.
WILLINCK V. BENTINCK AHDCO.

Mr. Rom ILLY moved for a new receiver and con ,
fignee to be appointed for the produce of certain
etlates mortgaged to MAI. Turnbull and Forbes, ,
now bankrupts, until fcme other queflions in dif.
pute, relative to this Ortperty, fhould be determined.
—The flatement of the cafe was to the following
effeet the year 0102, Wills. Turnbull and
Forbes byrrowed of Willinck and Co. merchant',
at Avatterdam, the ftim of 18,cool. upoa mort-
gages and confignments, which thi:y had of the
elates of Medis. Bentinck, fituated in the iflands of
Demerara, Bervis, And Effequibo, then in the occu-
pation of this country, but agreed by a treaty to be
ceded to the Batavian Republic. The money was
paid, but Ma. Tut nbull and Forbes having become
bankrupts towards the end of the fame year, !Adis
Bentinck, the planters, in whole pertonal poffeffion
the elates continued to remain, made the confign-
tnents of the produce to the affignees of thefe bank-
rupts, contrary to the terms of the mortgage made
to Mefirs. Bentinck. The latter bad fince made an
alignment of their mortgage to Mr. Daniel Bentinck,
the prefect plaintiff, who made this applicatiOn as the
foie means of being reimburfed the ttl,oool. advanc-
ed upon the mortgage.
Mr.r.GOT Ton behalf of the tjefendantf, reiirefented

this to have been a ti:anfatlion concludvl by Turit-
boll and Co. a little before their bankruptcy in tBo2.
Previous to that event, and before advancing the
money, Melfis. Willincks negleded to have the con-
lignments executed. If they thought proper to do
fo, Meffrs. Willincks were not entitled to take ad-
image of their own wrong, and much lefs could
their prefent affignee be placed in a better fituation
than themfelves, or than even Turnbull and Forbes
could have been, previoufly to their bankruptcy.—
He further obferved, that they did not execute this
affignment 'till Augull, t So+ ; when again becoming
alien enemies, they found it more convenient to de-
liver this claim over to an alfignee in this country,
than to profecute it themfelves. He was then entering
into a long detail of the relations fubfiiling between
Turnbull and Forbes, and Bentinck and Co. when
The LORD CH•NCtiLOR laid, there were two quef.
lions which, at prefent, appeared to him material to
be determined in this cafe; 6;11, whether Tomb/ill
and Forbes covenant.d to make thefe confignments
to Willincks, or their affignees and, fecondly,
whether, lubfequent to the mortgage to the latter,
and any notice given of it to Bentincks, thefe and the
Bankrupts had entered into any engagements con•
trary to whit was now demanded of the Court ? He
laid, he kilt threw this out at prefent, not having
fofficient time to go further into the fuhjeft, this day.
It was, tnerefore, ordered to ltand over.

HICK COURT OF ADMIRALTY, Nov. 28 —This day
the Right Hon. Sir W. SCOTT proceeded to the ad-
judication of the following Ihip cafes :
Hoopende Zeeman, Bakker mancr..—This was a further proof
cafe as to the cargo, confining of fugar, cocoa, Ind other articles
which the Court pronounced to be fufficient, and reftored the fame
as claimed.
Theis, Bouquet maiter....ln this cafe there were Rae two
claims, rfpeeting certain parts of the cargo, one of which was re-
floral, the other diredted to further proof.
Hoot, Janfcn malter.—This velfel, laden with a cargo of vari-
ous merchandise, on a voyage from' Rotterdam to London, was
captured by the private (hip of war, Courier, Thomas Pratt .orn-
mander, and brought to Harwich, and afterwards to the port. of
London.—Ship and part of the cargo condemned, and other parts
mitered.
DEC. 4.—Tkis day the Right Hon. Sir W. SCOTT
proceeded to the adjudication of the following chip
cafes :
- - - -

L'Eole, Ronficau matter.—This was an appeal from the fentence
of condemnation of the cargo in the Vice Admiralty Court of the
Bland of Barbadoes.—The Court, in this cafe, affirmed the fen•
knee of the Court below.
Heming Van Pruffen, Vircher matter.-. This vetlel, under
Pruffian colours, with a cargo of coals, was captured by his Ma.
jetty's cutter Griffin, Lieutenant Forbes Commander, and brought
to Deal. —Ship and cargo reßored, on the payment of the captors
expences.
. Anna Wilhdmina, Bugge mafter.—This Tafel, under Dan&
colours, with a cargo of Irith fait and other articles, was captured
by a fleet of his Mayeßy's (hips of war, under the command of
Rear Admiral Ruffs:ll, and brought to Yarmouth.—Ship and cargo
condemned.
Hendrika, Meyer matter—This (tip, under Proffian colours,
with a cargo of wheat, linen, and mats, was captured by his Ma-
jetty's Revenue cutter Hunter, T.Riches, Efq. Commander, and
brought to Yarrnouth.--Further proof was direeted in this cafe
with refprdt to the (hip and cargo.
William, Hallk matter,—This American vac!, with a cargo
of fugar, cotton,and v...ricnui other merchandise, on a voyage from
New Orleans to Cherbourg, was captured by his Majelly's gun-
brig Hardy, Lieutenant Read, iii fight of his Majefty's Berm
Pluto, Richard janverin Commander, and brought to Portfmouth.
Ship and cargo rettored, referving the queilion of damages; and
alfo that of the captors expences.
Hotfoung, Michclfon matter —Ship re(tored. with freight, on
payment of a proportion of the captors expences.

HORSHAM MASCWIRADE.—The Officers of the
Garrifon of Hor(ham gave a grand Mafquerade and
Supper, on Thurfday laft, in honour of the glorious
Victory of Trafalgar. The rooms were decorated
with various beautiful devices, the appropriate cha-
raCter of which difplayed the richelt fancy and molt
correct tante and were liglyed up in a very brilliant
Ityle. The garrifon ennlifts of the King's own Re-
giment and the Derby Militia. The brilliant circle
of their 1, lends, coliedled from that vicinity. amount-
ed to 4.00. The charaCters were happily diverfified,
and in general fupported with great fpirit. Captains
EUGELL and BERESVORD, the Stewards, as Park,
l and loan, difplayed much humour, and exerted
themfelves to great advantage. Captain BELCHER,
'after exhibiting himfelf in many fine attitudes in
Itrgantino, metamorphofed himfelf into a Dicly Gerp,
which he alto fupported with much eclat. Major
Newrom was an Wee Wonsan in her cups, and gave
an admirable perfcnification of a native Billingfgate,
of tl e firlt circle. Major Fautsca was an excellent
Fab'el. Captains AUBLY and TWYSDEN were admi-
rable in Lenitive and Label. Captain EvERY changed
:roni Puff in Boole to Le Male Boileux, and excelled in
both. Captain liarecoes's Widow CiVitire was fup-
ported with true comic humour. Lieutenant Ersa sec
as a Zicel and Captain Am wve, as a Welch
cc.ntsibuted largely to the pkaftire of the
night. Captains Goaomrv, LEACROFT, and Csna
Tom were alfg among the prominent characters; one
of the molt eccentric of which was a Sy/vaena, who
entered the room, riding uprn a donkey. The ladies
were principally in Donnaos. Among thole in cha-
ndler we noticed a lovely Jiebe, an Aka*, an 41660,
an elegant Diana, the Genre:, and Crazy Jane. The
feftivity of the fcene was, unfortunately, interrupted
by a ferious accident which happened to Mrs.
CHARLES EDGELL, who futtained the charafter of a
.syren. As (he was dancing down, her drefs caught
fire, and the was fo much burned, that her life was
in danger. We are happy to date, that (he is now
in a fair way of recovery. The accident, however,
clofed the Fete at five o'clock in the morning.

Tuefday fe'nnight an infant about thirteen months
old, belonging to Mr. Hewetion, innkeeper in Wig-
ton, was unfortunately fitfrocat• d by the turning up
of a bed in which it was :Weep, unknown to the fer-
vam maid.
Wednefday night the bode of WM. CLARK!, Efq.
of Kentifhlown, was brokd open and robbed of a
quantity of plate and wearing apparel, and fix pounds
in Bank Notes.
On Monday forenoon, between the hours of ten
and eleven o'clock, when the woe kmen were at break-
fall, the joiner's (hop within Meffrs. John Scott and
Son's Building Yard, Greenock, was difcravered
to be bn fire ; immediately the whole was in a blaze,
which communicated to a faw pit adjoining. and at
one period threatened deftruBinn to the whole yard,
(hips in dock, and building. By the timely affiance
of the fire engines. and ftrenuous exertions of a
great number of the inhabi•ants of the town, and
workmen belonging to the yard, the fire was happily
pre% tilted from fpreading farther. We are happy to
1 on,lcritana that the dama;e is not coaderable.

PARISI"' P4flttrries.

EXTRAOROUIAItir WOWAS.—The Paris papers re-
count prodigies of a woman in the neighhcarlwodot
Lyons. The circumaances t f her cafe have con-
founded the pbilofophers, and left het no credit with
men unaccultomed to Icientific rearming. Learning
hetitates, becaufe it wants principles to explain ;
Ignorance decides at mice, becaufe it knows not the
variety of undifccvered pr i‘tciplei which exit.
The cafe of this woman is, that of a confotion of
all fenfes—of feting, fmelling, hearing, touching,
Gifting. The (reality of one ifeife fcems transferred
to another ; there is a kind of ()I ganic confufion and
fubtlitution ; the eyes do duty for the car:, the tails
for the eyes, and the touch for the tall:.
A very learned pbyfician, a writer in the Journal
de Sante, gives an account of having salted this wo.
man at Lyons :
" To believe in apparent impeffibilii;cs (he lava)
is often the necetlity of mcn of fcicare ; but it is
their good fortune likevae to dircover that the world
contains many more miracles than is firt imagined,
and that nothing is impotlible,asreferred to the Oat.
nipatence niche DErry, and that innuNiESilities are
much rarer in the. combinations or inonan life lban
the vanity of fcience will acknnwledge.
" This woman, whom I vetted, as.d to athom
prefented feveral forts of ineelicines, powders,
p:es, compound;, and many tidier fn. which
lam convinced the never law before, 'old me their
feveral tastes, as nearly, and with 13 much precitinu,
as tate could pronounce. She delta ,bed thens
dzed, with atonithing ezadnefs, and frequently ;rhea
my own palate was confounded.
lier eyes were neat bound with a thick band-
age, and I drew from my pocket teveral forts of
filk tibbands. AU thofe that 4.litfcresi in the original
colours the immediately tad me. It Ira!) in vain to
attempt puzzling her ;.the made no miftake ; the
paired the ribband merely through her hand, and
immediately decided on its peculiar colour. She
could, in fad, difcover the quality of any thing by
the touch or tate, as accurately as I could do with
my eyes.
" The organs of hearing were then claret!, as well
as the contrivance of fluffing the ears would anfwer
the purpofe. I then commenced a converfation with
a friend in the apartment, and fpoke in an almot
inaudible whifper. She repeated, with great power
of memory, every word of the converfation. In
thort, I came away a convert; in other words, I
believed what I had teen. A Phil( fol.her knrovs the
fallibility of the fenfes ; but he Ilmald know tkevrife
that fcience ought not to rejeB hecaufe it cannot have
demontration. We mutt admit miracles, and the
power of miracles, or we mutt eviction almot all the
appearances of nature. Ignorance doubts what, if
it choofe, it may eafily uuderdand ; ['ciente endea-
vours to comprehend, and, %ellen it cannot it fob-
mits to the fenfes."

ht.CL. ICAL PROMOTION.
The King has been pleated to grant to the teverend Timm
RennLll, DoOor in Divinity, the Deinry of the Cathedral Chock
of Winchefter, void by the dosth of Dr. Robert Holmes.

MAIL!, lEtt.
I ately, at Poitfmouth, Mr. John Smith. of that place. lip
chandler, to MIN Williams, of Clapham, Surrey.
N. Douglas Efq. Merchant, of Gibraltar, to the Widow of the
late Colonel Owen, of QFeen's.fquare, Braid.
On the a6th of September- left, at New York, Mr. Colin
M. one, of Demerary, to hide Charlotte Vanden lictrnd.claughtest
of J. C. Vanden Heuvel. Efq. of that City.
•

HIGH WATER AT
Morning -
Afternoon •

/NDON ISKIDU t. l.i ayil....n.tst. *
54 minutes after 4
. 57 militate afire $

FOR ACCOUNT OF THE MANUFACTURERS, I•XEMPT
FROM THE AUCTION DUTY, AGREEABLE TO ACT
OF PARLIAMENT.
On Thurfday, December 19, at Four Mock,
ASERAC, SON, and CO. wiH pot up to Public
Sale, at their V4rehoufes, No. y 3, (bieen.ftrect, a large
Alfortment of BRITISH PIECE GOODS. &e.
Particulars will bo given in time, by M. 1.. Merit. jun . Bract
The following is anuther Proof of the Irtrinfit Value of ROB.
BER Do's Improv,d BALSAMIC ELIXIR. or Cootth Dimes.
Erma of a I titer from Dr Michael Head, of Halifax in America
Sir, dated April 12:
IMUST beg you will forward immediately, by tte
ftrft packet for Halifax, twelve dnaeu of RObberd's Sae's-
ABC x IP, orCoucx Daora, which I firmly believe tube the
very belt remedy ever invented for Coughs, Colds, Aftbotas, as&
Confumptions. At the Inn: I received (um:: from you, t was of
with a dreadful Cough and ludarstration on my Lungs, at-
tended with a great oppreffion and pits en my break, fo that ,t
was with great difficulty I could draw my breath (Width I matt
candidly confers baffled my own kill.) From the Meng recoomon-
dation you knt with them, I was induced to make an immaiste
trial my.elf, which gave me inftanr relief, and in a very them time
pettedly refloated me. I have finer vritneffed their good efrofts in
many obitinate cafes, and therefore Mall, tur the future, neva le
without them.
A Caution—His Majefty's Hon. Comrnifaorsers have been
ph afed to order the name of R. Butler, No. 4, Chtapfide, to be en-
draved on a black Stamp, which Stamp is affixed to each bottle, all
others are Counterfeits.

. .

HAVING dedicated my:r ain the Lindy, acd boa
gradfied by the moft confiderable minim in that &elicit
whisk I thought I.roper to Ceed, i trait that 1 hive not more nif -
employed my dma than thee who, in the exteneve *d4 of its
orofeffion, are ocinfionel/y inunerfed in uncertainty, and canna
always attain that faeces which is arqvirrsi ky cor.centrathig the
intelledual power to ono ebb of tEordcrs.
The ?tree. es of DFMLITY arc yecuravly Misting, for dey
bring with them a train of conssunitant firtiptow.s. and, by ado.
prefflon of all vital anent', exifteuce ider be omen ankilttireass•
Wheth:r they arire from the prctaire.e of i i exampie, thedntraos
dve habits of fetesikbt.ye, or the indu%enets of maturity, th:yra
quire the, mat aTaluous profeffional Iklfl ; hit by the Iguana's
of uneducated sun, the fympteanc arc aggravated, and the calk
tution is di:limy:4
Asa MLUDFIR of the ROYAI. COLLrOIc/EUROEOII9.
ground my pretenfions on regularity of education and peddling
every privilege to practice. I feel inyfeif endried to that cunfidavie
with w,dch I have hitherto been folitvuray
In the filit &Watkins of bed waiknes Ipplinetion
prevent tbe enintnity of a deidlimted wham the fog-
fere:, from a thirchnerees of the noun :tikes .4 the Vce wklch
csafoil his cols "Cifturre. b baettil of the c.;:tempt esniure of bb
ftrrDy vhylicisn and broods nve: hi: ity wU2 care ul
,nt it and be !edema:fp fn ilea to be ariired not only of
capiheity of treatment. but ado of the ntoft MOW& keret".
Mid in recent Venereal Corntlalot, it is p .tifitsle to prev rot pain;
danger or dere& ; in the moil isertopEte.l cafes it is th
mcnt of ecelafive experience hi tis bee to tiedts fate, eertihrs
anal redy se-eftahlillener.t.
I oiler the advantage of els imperi-nee to thofe of either fa whe
are &Mead with any kind of of any frairtoms of
FENeditY.A.l.. INFECTION, and in all cafes the terms of mew
aeration are fisted on the grit interview.
Pat:entsin ch.: country ape evio....t.e to invitee a Dank notes."
we requeftel w fpecify their age an rr:atqler of hying
foIXiiTZN bail Ft,
Mene..er of the Royal College of Surgeons io Imam
No so, Ansedcl Areet, *sand nem Term& Par

LUN LON : Printed and publithed by LEW'. KEtir (eiClin*
terbtry-place, Lambeth), at the STAR. Of TIM Na t. CutcY
llrert. Publils4 ago at the STAR OF' IC t, I'CIIIpIC-00