Star.
London, England, 1809-12-02 00:00:00

YARMOUTH, DECEMBER 1.

Sailed this morning on a cruize, the CAMILLA,
BRISEIS, PANDORA, STARLING, SA RPEN, and RAVEN
gun-brigs ; and the HAVOC and BRITOM ART, to the
assistance of the DILIGENCE armed ship, who in a
gale got on the tail of the Barber Sand between nine
and ten last night, but hopes are entertained that by
taking out her stores she may be got off, and without
receiving much damage. The Union, of London,
B OGDEN, from Stockholm, to London, with deals and
iron, is on the Barber Sand ; crew saved ; ship and',
cargo is expected will be lost. An American is on
shore, with linen, near Winter= ; and a foreign hoy
is on shore on the Scroby Sand, laden—cannot get
the particulars for post. Sent in by the CENSOR,
Lieutenant O'NEIL, the Frinidschaft, of Stade, PE-
TERSON master] from Tonningen, with wheat, bound
to London ; and the Titurnia, NICOLAY, laden with a
valuable cargo, by the BRITOMA RT, Captain HUNT.
Wind S. W. with rain.

P. S. The Diligence just got off, and arrived in
e Roads.

The following is a correzt statement of the netv
rangemeilts respecting the prison-ships. The few
atiles wl:irti have appeared on this subject have been Wednesday se'nnight, the Eclipse, Mumford master, from
'Pry incorrect. The following system, which is to Grangemouth, while making for Berwick harbour, with a strong
mend to all the other ports, has been adopted at Wind at N. N. E. was struck by a heavy sea, which laid her on her
trtsMOuth : beam ends. She righted shortly after, but was considerably de-
" Mute prison-ships there, the Assistance excepted (which re- maged la her rigging, and the main sail cut away. In this state
bins under the Admiralty, with all her former officers and men, she attempted for Holy Island; but the weather prevented her
ke.Capta;n Downman's pendant), are, as soon as ever they can, from entering that harbour. She Was then anchored in Peak's-
%be paid off from the Navy, to be put under the Transport- Hole, but broke away and drifted ashore at Bamborough Castle.
Turd, to be commanded by a Lieutenant of the Navy, as Agent Nene of the hands were lost ; they were taken from the vessel
sfrransports, with Bs. 6d. per day, subject to the usual deduc- by a pilot boat at Bamborough. The master was lashed to the
ti-1+ for Property Tat and Widows' Fund ; they will be lent helm, and two boys, the whole of the crew, Were ordered below.
11' s Irori S,Tre ships in commission under the Admiralty; the The Thomas and Hannah, Holman, from Exeter to London,
I ; Iteaants who are in them now may remain if the/please.— was run down on the 23d ult. by the Princess of Wales, bound to
Tkis has been offiziallv communicated to them. By this arrange- Jamaica. Crew saved.
halus, from Newcastle, is burnt in the River.
tom they arc Oct subject to martial law ; and it is to be hoped Th. Bucep
ii 'gal effectually stop every discontent on the part of the mi-
The following Naval Promotions and Appointments
1,',, who are embarked in them all but the Admiralty silk, have recently,. Maude, eon of T. Maude, Esq. of Great George-
taken place
sol,i,h has marines. This is the M Captains—Met plan, and will take placeat street, Westminster, is appointed to command the Jewel (late
1'; -then ports where there are prison ships ; and in the arrange- Topize French frigate) ; Richards, made Post, and appointed to
v(r, it is pleasing to see the same officers allowed to retain their the Abercrombie; Mich. Halliday, to the Heureux ; Watti to the
(At:mails" Forrester; Barclay, to the Snap sloop; Higman, to the Rattler;
Foote, to the Partridge; Love, to the Tisiphone; Lieut. Smith,
A letter was on Wednesday received ;n Galway, of the Neptune, is promoted to the rank of Commander, and ap-
f. 'ln Vice-Admiral BOWEN, by the Hon. Capt. Wm- pointed to the St. Christopher; Achbon, to the Scylla sloop; C.,
1 'VI Lt PoEa TRIINCII, commanding the Sea Fenci- 11 Walton,
rd to
th;torAmhisetheystieeSsirinivilLi. re:
moor to thete
NHieesmPeren;.Ha
Mr', directing him to give notice of discharge to the m
roads, to the Armide, of 44 guns; Cathcart, wbo so nobly de-
7ci-Soats on that coast duty. We understand that fended the Seagull against the Danes, to the Ganymede, vice
!'rejlar orders have been forwarded to every other Kerr; A. Farquhar, to the Desiree; J. H. Godby to the Trom-
C(rnmander in the different ports of Ireland ; and Pens(' i C. M'Donald, to the Redpolej 1. Bowker, to the /Etna;
_i Hon. Cant. to the Parthian; J. M. Adye, to the Bri-
'!';.'. the gun-boats are to proceed to the nearest ors. . • Dawson,
sell; • W. Morce, to the Amsterdam; and G. Seymour, to the
..zee de2ot, in order to deliver up their stores. maim, frigates lately kamthed it wiyahridi.
1

rryt
- COURT OF RING'S BENCH; DEC. I.
It • "
llErrison slit H. Inostunr, FART.
WS *as an issue bat of Chancery, and the princi-
pal purport of its being sent to this Corirt for the de-
cision of a Jury, *as to Ascertairi the validity of
the will of the late Sir H. Bromley ?ouncefort, Bart.
deceased:
After Mr. PAttikE had stated the case on behalf of
the plaintiff, and the will was put in arid read, a Mr.
Smith was called to prove the testator'shaml-writing,
and the hand-writing of himself and the other two
attesting witnesses, which he did.
The ATTORNEY-GENERAL interrogated Mr. Smith
on behalf of the defendant, and it appeared that one
of the attesting witnesses was a Lady of the name
of Smith, whose husband was appointed by the very
same will to be one of the executors therein named to
the testator's estate and effects ; upon which he took
an objection to the validity of the will, inasmuch as
the law requiring that a will should be attested only
by persons who were credible and competent wit-
nesses ; that an interested person could not be a cre-
dible witness ; that Mrs. Smith being the wife of the
executor, Mr. Smith, and he having an interest under
the very will which she attested, could not therefore
be a competent witness, and consequently that fact
affected the validity of this will, and it could not be
received in evidence to dispose of the real estate.
Lord ELLENSOROUCII desired that Mr. Smith thight
be exalbined as to whether he derived, by bequest or
otherwise, any interest or benefit by the will in ques-
tion ; and it appearing that he was merely named as
an executor, without any benefit, profit, or legacy
whatsoever, his Lordship ruled that he having no in-
terest directly by virtue of the will, a fortiori, his wife
could have no interest under- it, and consequently she-
was both a competent and a credible witness, and as
such could fairly and legally attest the same. But as
it was a new case, and of some magnitude in future
discussions of such subjects, he thought it most advise-
able therefore, that the Jury should find for the plain-
tiff, and the point be reserved for more solemu adju,
dication, in the shape of a special case.

LINLEY V. COCKER, GENT.
This was an action brought by Mrs. Linley, widow
of the late Mr. Linley, one of the patentees of Drury-
lane Theatre, against the defendant and his brother,
who are Attornies, and have been in co-partnership
together, for certain monies which came into their
hands belonging to Mrs. Linley, subsequent to the
death of her husband.

defence that fig die notice had heefi given
to the defendant ofilhe dishonour of the bill. It be-
' came due on the 4th July, and k appeared from the
evidence of a person who was then clerk to the de-
fendant, that notice of its dishonour had not been
made to the defendant, who resided in Londcin, till
the 6th of Jtily, being two days thereafter.
The same witness *as obliged to admit, hoirever,
that the defendant had signified to him hi' intention
of calling on the plaintiff- for an indulgence, so that
he might have time to pay.
Mr. PARKE:, for the defendant, admitted this to be
a sufficient waiver of the objection of no notice of the
dishonour of the Bill; on which the Jury found for
the plaintiff.

NOY. 28:e-400LE v. SIR BELLINGHAM &GRAHAM, BART.

It appeared that Mr. Linley, by his will, had ap-
pointed Mr. Sheridan and Mrs. Linley to be exe-
cutors of the same ; that Mrs. Linley only undertook
the executorship, Mr. Sheridan in no way interfering;
that some professional business had been done by the
Gentlemen (who are the defendants), for Mr. Linley
in his life-time, the amount of which, when they
were called upc& to account with Mrs. Linley for the
monies by them received, they considefed themselves
entitled to stop. This, however, Mrs. Linley would
not consent to ; and therefore she brought this action.
The witnesses who were called proved those facts,
and a verdict was given for the plaintiff—Damages
e3OO.

Mr; MARRYATT having on a preceding day obtain-
ed a Rule calting on the Plaintiff to shew cause why
the Interlocutory Judgment should not be set aside,
Defendant's Attorney having sworn to merits, Sir
Bellingham being a Minor ; against which Role Mr.
Reader skewed cause upon an affidavit of Plaintiff's
Attorney, most satisfactorily proving that the Judg-
ment had been regularly obtained, therein stating
Plaintiff's willingness to waive the judgment signed,
and offering to proceed to trial to prove a full consi-
deration given for the bill of exchange for which the
action was brought, or to leave cause to any Gentle-
man at the Bar to arbitrate, provided Sir Bellingham
or his Attornies would undertake not to give Infancj
in evidence ; which offer Sir Belliagham's Attornies
refused ; the Rule was therefore made absolute, with
the payment of costs by Defendant.

Mr. Sheridan, who bad been called Upon by sub.
pasna as a witness, was in Court the whole time, and
had a short conversation with the Attorney-General
when the cause was finished.

It appeared that the whole principle here rested
upon the circumstance, whether the Messrs. Cockers
should, or should not claim, by way of set off, such
deductions. The Court was of opinion, that in strict
law they could not.

POOL V. BEN TLY.

This was an action for the use and occupation of
certain premises in Islington, for a quarter of a year,
£3O, being at the rate of £l2O a year.
The ATTORNEY-GENERAL observed the written
agreement on which the plaintiff claimed his rent,
was either a lease or a written agreement ; if a lease, it
had not the right stamp, it was a stamp of 16s. and
should be 30s. and therefore, void as a lease. If it was
an agreement, it was not binding on the defendant.
Lord ELLENBOROUGN held it to be a lease, with the
wrong stamp, on which the plaintiff was nonsuited.
Mr. GARROW observed it was singular enough that
it was stamped this very morning, and the party
Might as well have paid for the right stamp to save
a nonsuit, which would cost him a good deal more
than the difference between the two stamps.—How-
ever, if parties would be so heedless, it was their own
faults, and must be at their own expence.

SHAW v. COTTLE.

This was an action of tresspass and assault brought
by the Plaintiff, a green; grocer in 'Windmill-street,
against the Defendant, for breaking into the Plaintiff's
house, and there assaulting and beating him.
It was proved by a variety of witnesses that the
Defendant had rushed into the Plaintiff's shop, on the I
first of November last, following another man of the
name of Burton, who, it would- since appear, he, the
Defendant, being a constable of the parish of Mary-la-
bonne, suspected of having stolen goods in his pos- 1
session, whilo, on the other hand, Burton avoided
him, on the impression that he wished to rob him
of a parcel which lie then held in his hand, to secure
' which he took refuge in the Plaintiff's shop. The (
Plaintiff, seeing that an altercation was about to
ensue between Burton and the Defendant, both of
whom were strangers to him, desired that they should
leave his house, which the Defendant refused. The
Plaintiff again begged of him to depart, putting his
hand, at the same time, to the breast of his coat,
though in a gentle manner, to convinct him that he
was serious in his request. The Defendant peremp-
torily refused, using abusive language and personal
violence to the Plaintiff, so as to occasion a constable
to be sent for, and the watch to be called. It was not
till the Plaintiff had received a severe blow in the eye
from the Defendant, and also a cut in the back of the
head, and that the watchman appeared, that the De-
fendant represented himself as a constable, though not
in the parish within which the Plaintiff's house lays—
Before the Magistrate the Defendant alledged nothing
in his defence, farther than availing himself of a sug-
gestion of the Magistrate, that he must have been in-
toxicated at the time. Verdict for the Plaintiff—Da-
mages AM
WATERS V. MP& 41 .1
This was an action on a b 'of 'exchange for
4442 12s. of which the defendant was the indorser
and•the plaintiff the holder.