Star.
London, England, 1801-12-19 00:00:00

DOBKIN, ESCP, De THE LIST INDIA CONTANT.

The ATTORNZY GIMERAL fluted, that •this was
on Aaion by the Owner of a (hip which had been
chancre,' EMI India Company, to recover
Compeniotion in Damages for the ufe and hire
of that Chip ; the was chartered to the EAU Irish
'Company in the year 1796.

By this Aftion the Plaintiff contended, that he
was intitled to remuneration for the wear and t::r
of his fhip, beyond that which was covenanted in
the Charter-party between'him and the Eall India
Company. She was to be employed in the fervice
of the EaR India Company in trade and war, &e.
but he contended, that the was afterwards employ-
ed in a manner which the Charter-party did not
warrant, being fitted out for Manilla, and made to
carry 36 guns intlead of 26, which was her com-
plement, and that in various refpeas, the had been
fo ured as to become of las value to the Plaintiff,
&c. Some of the particulars of which he :hued,
and the ruSdance of the cafe was this—That the
Defendants had comnitted an ends of the power
given by the Charter-party, that the whole equip.
ment of the Chip was altered; that thereby the
Charter-party was abandoned, and that on accornt
of it, the Company had became TrapalTers on, the
property of the Plaintiff in this Ihip,and that be,
by this Adlion, did reek compenfation for inch ex-
'eels. That by the Charter-party in this cafe, the
Company had not power to let the !hip out fur
wat, in the manner thy had done.

Lord KENYON raid, he did not know what the
merits of this cafe might be, hut he did not fee how
any mifconduft (fu poling there was any), of the
Company, could fall under the head of tins :idiom
This we, an adion on the Charter-party, which it.
fet forth ; and therefore it was a complaint for
an injury arifing at coatradr. The excefs of the
power of the Company, as here Elated, created an
injury. (if any) ex de3Jo; and therefore his Lord-
fhip maned very much to think that the Plaintiff
had no remedy, at leaft, by this form of adion.—
By thisadion the Plaintiff complained of an injury
arifing out of the Contrail, and the fubflance of
that which was alledged in fupport of that com-
plaint, was a miliondua which could not be ranged
under thii anion. So that the adion did not ap-
pear to him, at prefent, to be adapted to the caret
Nor had his.Lordthip, at prefent, any great doubt
even upon the Charter-party. He could not con-
e:ive any words that were more comprehenfive,
a Id which could give more controul over a Veffel
than thofe employed in page 59 of the Chartcr-
p irty. By which it was provided, that the C. m-
panyfhould employ the chip for all purports what-
foever, in trade or in warfare. Now, had the De-
fendants been defired to ufe the molt forcible
words poffible to give themfelves an abfol: t: do-
minion over the (hip, the probability eras' that
they would ufe thefe very words, at leaft, his Lend-
fhip Paid, he knew of none that were ftronger.
'1 h ATTORNEY GENERAL bid, the parties muft
fubmit to his Lordfhip's judgment.
Lord KENYON Paid, he liked to fare there very
large and important points for the opinion of the
Court, whenever that was clerked, and indeed it
was innre fat isfadory to him that the Court fhould
decide them, than that they fhoold have only his
authority for the decifion. But he meant at the
fame time to fay, that there was in his mind, at
prefent, very little difficulty in the cafe. " In
trade or warfare, or otherwife howfoever,:and for
all purpofes vtatfoever," appeared to him to be
words that would amount to an abfolute dominion
over the (hip. Here the Plaintiff profered to go
on an implied contrad, and yet imputed to the
Defendants a breach of all contrad, by milion-
dna. That would not do—although he raid this,
yet the Ealt India Company being a large and
powerful body (Amen, would eventually he guit'ed
by liberal confiderations of the cafe, and if there
were any real merits in the Plaintiff's care, they
would not let him fuffer.

Mr. EasKlNi laid, the Company conld not ob.
je,Ft to putting this in a way to be decided by the
Cant, for if this cafe was to be given up on the
pact of the Company, it became a common eaufe
againti the Company, for many other Ships sere
in the fame fit nation.

Ml. Rous laid, that all the fitting-out in this
cafe, for the purpofc here complained of by the
Plaintiff, was at the expence of the Compay.
Mr. ERSICIVF laid, that the Charter party pave
power to the Company to do as they pleated ss ith
the (hip. It was WhiMfleill to complain of the
equipment of the (hip, efpecially as the Dcf-ndants
tkfrayed it. Suppofe he 112.1 hired a fervent
go on a jonrncy, and he had only (hoes ard flock-
;!;gs an, would it he matter of complaint against
hint for giving him boots and fpurs ?

Mr. Rous faid, that the warfare of the Comrany
was and-r the power of the Crlwn, that the: were
united And blat•• - 1 warfare.

Lori! Krtirosi Itid, that if this was a quellion
inrnlving only the amount of 51. he doubted very
much, whether any body would h Ave.a doubt upon
it. He could only fay, upon the general point, 1:e
had, at prefent, no doubt. The words of the
Charter patty appeared to him to give to the Como
patty the ahlAute enntroul of the Veil. He knew
f nothing to refrain it. There was nothing in
Chartet•par y 'hit militated cgainit pnblic
convenience ; nor was there any tither circion.
Rance which required that thefe gercr.d. comply-
henfive words, (hould be narrowed in their con-
Oration. However, 11:1 Lotdfhip (Aid. h: fhould
refcrve the point, and, if either fide fhould deGre
it, the cafe might be turned into 6pecial Vc►di[t I
hut his Lordfhip raid be could not Lting his mind
to doubt upon it.

Verdi't for the Plaintiff, fubjeet to the opistica
of the Court, upon a cafe to be liatel

A WINTER SKETCH.

THS SCOTTISH DIALSCT.

Now crabbit Winter coiner again,
blow hirplin owr the &mash plain.
Like tonic said crippled ftilwart (wain,
Wi' haters War,
While a' the bales o' his train
Trudge on before.
There's Enays, wi his bitin'
Nips lika tree as he gangs pelt,
Ad Cawing down the leaves does cal
Jul at his boils,
While BORIAS binds the burnies fait.
Or Imam the fie.
Bleart nineties feldom glee a peep,
As dimly down you weltern Deep
He pats it to th' Atlantic deep,
In's cloudy cap,
Ptak the lug unfotial Seep
On lap.
HL leefome finer, in kis Read,
Wl' a' Mr Rams about hir baud, •
Aye does her belt to thine, Indeed,
When be's aff's pot;
Jut aft fie wades thin mirk wings fprcad,
Her labour's loft.
The shovels:fa kye now kick the byre,
An' roufe the peafant frac the fire,
Loud rowtin' for the gloamin hire,
Ere nightfa's near ;
The nicherin nalgs likewife require
Thir alt-Brae cheer.
The poultry homeward early Balk
Fran their wort cant-mike:ling walk,
Sync moun:in' the aecultona balk,
Trim like feather,
An' tam to pats the time in ialk
Like chums thegithet.
The Neat& ChM now lie in cot,
That us'd to fail the Reed and dug;
Noe flickers:re now amang the fog,
Or fnawy drift;
The (nail kid, an' clock, an' frog,
Their lodgin's milt.
When Night's black plaid enwraps the pole, .
The cautious pawl& leaves her hole,
To crap faint Nature's fcanty dole,
On bank or ban,
rd; pair beaft ! to thole,
Now many a day.
Wie Robin Redbreaft, frac the wood,
Thaws neer the door to dokfu' mood,
To glen what katter'd crums o food
Perchance lie there ;
• - Ye =stem who delight in Wald,
The fangfter fpare !
Yet at this time. fee fair an' fnell
To a' In *cods an' wilds that dwell,
Ac pair, the farmer hens t iglu well,
Fare brawly now,
As mossy a good corn-Rack wlO sell,
Ere Spring, 1 yew.
Plot they wha Puffer raaift era,
Wha main mould our comp:awn draw,
Are thole on whom her harpy-claw
Misfortune clinches ;
Our brethren, by great Natur.'s law,
In painfu' pinches!
•
To theft let pity aid extend,
Let want in wealth aye find a friend,
When Winter's Ronny train dtkend,
Severe and hard ;
Sae !hall we gain, when time mall end,
A bieß reward !
Drawee. NAM.

Doom'd

• Yellerday afternoon a porter, under a heavy
load, going from Spitalfields Market to Ratetiff-
Highway, fell on fome fmooth ice, by which acci-
dent his knee-pan was put out, and he was other-
wife greatly hurt.
Monday morning lilt, while Mr. Anderfon, a
baker, in Bermondie y-Ilret t, was in his bake-houre,
he Iltddenly expired without a figh.
Mrs. BlOWll,_ an elderly Lady, refiding in Tri:
nity-ftreet, Brinol, was week burnt to death,
in confequence of a frark from the fire catching
her clothes, which fhe was too feeble to di ;
and although her cries fpecdilralarmed the family,
affiflance could not be rendered her, fu as to pre-
vent the melancholy eatafirophe.
On Friday the 4th in ii. a Corn Factor of Lei
teller was conked berate THOMAS PEACH,
Efq. Mayor, and the Jullices of the Borough, for
buying fix quarters of wheat, contrary to the fta-
tute of the 22d of Charles 11. and was fined the
value of the wheat, and the penalty of forty fhil-
lings, amounting, together, to the fun] of :81. Bs.
Mr. Ifriall Banner, Frame-fmith, the informer,
ordered his portion of the penalty, (the othcr halt
being ordered by the Aft) to he diftributed to the
poor ; and is the fame porno who, very lately,
convi&d three B.rkers, for felling bread deficient
in weight, and gave all the money miring from
the penalties, to the fame landithle purports.
It is to be hoped, that this will be a warning to
Farmers, Confeltioners, and Bakers, not to fell
or buy, by any other than the legal Winclieller
Fothel of Thirty-two quarts. only ; for there can
be no doubt, that in the cafe at Leiceller, the
Gentleman convieed was not amare that he was
tilling contrary to Law, when he made the con-
trite. His convinion, however, will produce an
incalculable good to the Toor.
Limits, blase's" oft Sisout,—lf vadat to
',wet the Fetters of Love, by retaining in their
Matron there Charms which alone can do fo,
tire, from Inducements foreign to Self-interea,
re-
admonithed of their Indirpenfable erten•
son to the ineftinsable 'Beings derivab!e from
Lary Health alone.—And thole B to pre-
* tee, even in the decline of Life, r kNIIODI,OI
!his w:11 known Nervons Cordial and Botanical
rup, has without a fingle_ Rival in Reputation
as d Succefs, molt happily adminillered the Mesas,
an i bat ever fouul then conducive to the End.

LONbON MARKETI

COR.N-EabtriUNlCE, FRIDAY; DECnirER 1!.
Rotas of the PRICES of 'LOUR, from the ph or Dec.
. .

to the Itth of D-cetnhcr Inc'Owe.
Total 16,903 tacks.—Average 64a.
Oa. 81 lower than lalt retune
PRICE OF HOPS IN THE BOROUGH.
Les 31 es to 31 os I Pociets 41 os to 71 10$
SMITHFIELD, December ad.

To Gob the offal—irer Rope of Sib.
Beef 4s tod to 6s 8d - ss rod to 6s mid
Mutton -ss rod to fis rod Pork - 69 od to ys 4d
Stock at Market this morning, Beall, Loco. Sheep pso.
NEWGATE and LEADENHAI.I., December 18.
Per &me of Sib. by the carcafe.
Beef 41 ad to ss itd Veal
Mutton 4s to ss rod Pork 46s n
s od4d
to
i;ss
44dd

RAW HIDES, December IR.
I Hides (per Stone) 34 44 to 31 Bd Heavy Calf 99 od cub
Middling 'zs 8d to Is rod Hoge Skins 12s to tss
Ordinary as od to as ad Sheep Skins 3s 6d to 7s od
PRICE OF LEATHER, per lb. AT LEADENHALI-
Butes, So to s6lb each, - - aid to ail
Ditto, 6o to 661 b - - - 194 to 22d
Merchants Backs . ad to 17d
Drudbng Hides - -13 d to 14d
Fine Coach Hides 144 to 164
•
Crop Hides for Cutting - - ad to and
Flat Ordinary - - zed to 16d
Calf Skins, 30 to 4016 per dozen, - ad to 24d
Ditto so to 7011/ - -24 d to 29d
Ditllo, 70 to 80Ib . -24 d to 264
Small Seals (Oteenland) per lb. as 44 to 25 6A
Large ditto - - zoos to tzos per dos.
Tanned Horfc Hides -18 s to 3os each
Goat Skins - - sts to 63, per demi
PRIOR Of TALLOW IN LONDON.
St. James'yttarket Os of Town Tallow 67s 6d toos
Clare market es od Rullia ditto (ea.) 6os cd to 6rs
Wbitecbapel.market 31 1t i Rtilsl eau* (foap) Si. tool
(per Rune of 81b.) ‘Vbitc Caudle Ruffs 38s to 6os
--- Melting Stuff 49s od tops
7s lid Ditto Rough sos od to 371
Average Price 31 it id Gteaves - 191 od to os
Good Dregs atsto os
Yellow Soap, 6Rs. to cs.—Mottled, 76L—curd, Bog.
Cantll:..i, nos. 6d—Moulds, 1:s. 6d.
PRICE OF ILIY ANL) sTRAW, December 17.
13mithfo.41. St. Jallleell. • Whitechapal.
o.Hay3lo to i S 2 150 tO g 8 0 4 00to 5 8 o
N. do. o o too o
Straw 1 7tol 13 1 9 nee: 19 0 I 60 to t Is •
CIOVer 4 to to s IS
___ — . 5100 t• 6 6 •

MI Coals in
I:Wirers's'
Sunderland,
Del;vered

COALS, December r.
Pvol, 21. p. 6d. p
• 21. Iv. 6,1.
21. ca. a
- aL 94. Od.

COURSE OP EXCHA
Hamburgh 32 o 2 U. Genoa
Alton - 32 1 i U. Venice
Oadiz - 284 in paper Oporto
Ditto - gpi effedive Linn*
Madrid - in paper Leghoen
Ditto - 3 tired:lye Naples
Palermo yo pence per Oz. Dublin

DIRT' IS.

10E.

4/
301
67
etSl
33
44i

In Duke Watt, Portland-place, the Lady of jofeph T. Moe,
Efq. of a fon.
At Ravenfwell, near Dray, the wife of Capt. Vigoigne, of a

MARRIED.

At Aldbourne, Wits Mr. William Smith,
.jun. aged 19, to
Mrs. Pigmy, a widow Lady, agcd upwards of 60, with a kegs
fortune.
At Eaton, in Hants, Sir Thomas Charnpneys, of Amport,
in the County of Hants, Baronet, to Mils Minchin, eldeft
daughter of the late Humphry Minato, of Solscrton, in the
fame County, Efq.
At Skibbereen, Lieut. Hunt, of the Cheffsire Fencibles, to
Mrs. Jane O'Callaghan.
On the sift tilt in the Me of Mann, John Nelfon, Efq. to
Mils Alien, daughter of Thomas Allen, Eli. Member of the
Houfs of Keys.
Robert Rhode, Efq. in the Hon. Eaft India Company's Ser-
vice, to Mifs Sotheby, of York-ftreef, Covent-garden.