Star.
London, England, 1804-11-09 00:00:00

SAW INTELLIOEfICE.-.-COURT Olt KING'S BENCH.

":•H! KING V. MARINA PHILIPS, Mt,
Mr. Cate voito obtained leave to move an arreft of i
,udgrnent whenever the Defendant Omit be brought
. .
IN CONTINUATICN IRON THE PRECEDING PAGE. ON on the fuggettion that he cannot now appear
HAT'. SEAN D. JACKSON. without detriment to the public fervice, lie being
Mr. Woon moved for a New Trial. It was tried Commander of the Sea Fencibles on the coaß of
before Mr. Baron GRAHAM at the laR Lancaacr AI- South WaTHE RING V. DAVIS AND ANOTHER.
fixes. An allion for the Defendant having given a
falfe charaaer of a houfe of trade, which afterwards Mr. Amor moved that the Defendants Edward
failed, by-which the Plaintiff was indueed to give Davis and Henry Davis, who were brought into
credit, and fultained a tors of upwards of moot Court by the Keeper of Tothill fields Prifon, might
Verdia for Plaintiff, damages toaol. be charged with an indiament which bad been re-
This motion was on the ground that there was no moved into this Court by Certiorari. They were
proof' that the houfe in queilion was itfolvdtt, at the charged accordingly upon an indiament,fetting forth.
time of the defendant's recommendation, although that they, on the sath of June laR, and on divers othi r
ft Ropt payment afterwards.- —Ride to thew Caule days and times, did, for the lucre of gain, confpire
granted. together to cheat and defraud our Lorcl the King of
- .
3. antitank, am, v. 3. MAT,
caul
• the duties payable on certain Stamps, and to impofe
A verdia had been obtained in this caufe for the upon the Commiffioners of Stamps by cementing to-
Plaintiff, and 4os. damages hid been affigned by the
glebe[g feveralpieces of paper, and Vaffing them at
Jury. It was an aftion for a libel, contained in an amp Office, as and for one piece, whereby they
anonymous letter, direfted to S Evan. /slepean, Se- obtained an impreffion on leveret pieces of paper at
crmary to the Admiralty, and h, was couched in the one and the fame time, on the payment of one
following terms : duty, and afterwards feparated the pieces, and ut.
* Sia—i be leave to rend you this lent% tar the information of tered them as if they had each been feparately Rampt
the Lords of the Admiralry, that Mr. Ramekin us taken upon and paid for accordingly. There were a great vs.
imfat to grant certificates to Mani oT thips, to precept their r etv of other counts, Charging them with limilar of-
being human% for bh KW& fervice. Tbiageotkman tin* Ma • •
fences, with regard to other Ramps.
glltate. and at to the injury ache {orrice. A lift of the linos
with
ftfpalt to the Mates otwhichthhirregularleybas been praftio To which indiament they pleaded " Not Guilty,"
mils filhioined I omit tieing my hiluidneei r, the mention of my but having no bail in Court. they were of comic re-
'me '"ight kW °' treat I"DiliY• it I. "%raga that thk let- mended, and informed that their trial would take
ter may ese be therm (The catalogue of the weals alluded to
was tifijoisicd.) place at the Sittings after this Term.
Mr. Serjeant &Leos moved to fee afide the Ver. DAVEY O. THF SHERIFF OF WILTSHIRE.
diet, and in care of failure in that point, he would Mr. Utah applied for a Rule to thew caufe why a
move in arreft of jadgment. He fasdkihat hit client new trial Should not be granted in this cafe. It had
was a Magiftrate, but that the Plaintiff was not, and been tried before Lord ELLENIOROUGN at the left
thai. therefore the latter was not authorifed to dIo Sittings at Weftminfter, and was an aOion againfi
what he did ; and as Sir Evan Nepean was the pro. the Sheriff for a falfe return in having a writ of
pee officer to whom fuch afts of mikendua flould /seri .fiftha nftainft Lord Arundel, and having made
be communicated, the piper could not, in any view, a return of nit& bona where there was a fufficiency
be eonfidered as a libel. The Learned Counfel cit. of effefts to have enabled him to make the execution
ed the cafe of the King and Bailey, in 3 Efpinaffe, effeflual. The queltion. in fad, was, whether cer-
-306, and of Lake and King, in Lake and Saunders, tain deeds executed between Lord and Lady Arun.
131. Mr. Etikine alas quoted the cafe before Chief del were valithed, in whichwas event there ere
if woulde
deeds
be no
'Akede Grey, when he happened to be in Court, googoods,and return true ; thof
A
Frior to Isis imroduaion into the profelfion. The were invali
Arundelthe hd ry onque cer-
Rated the grounds on which he moved an arre fi of tain eflates, independntly of cr hufand. The
judgment. ellates being conveyed to them for thebir lives, the
Lnrd Eci.in aciaoucti—‘, I feel lefs unwilling to remaindsr to their fira and other tons in tail male,
refufe your rule, becaufe you may bring a Writ of and failing them for the ufe and at the difpofal of
Error, but you may think it prudent maturely to the faid Mary Conqueft, who, though a plow eau-
weigh the care before.yousdopt that meafure. It is tem, was in the complete difpufal of them. Lord
to be lamented that the paper was Coffered to go out Arundel, in the year (Soo, was much in debt.—
Of the Admiralty. The qualms for the jury is, if There wete no ions of the marriage, and only two
the letter WAS Initialy publifhed ? I Lie no rearon daughters one of them married to Loud Clifford,
fm dial:thing the stadia.' and the other to Mr. Arundel. There were in War-
COL. HOPKINSON O. HICKSON AND MITCHELL. dour Cattle fume piaures -and other valuable furor-
The Plahniff is employed in the Ordnance Office lure, to the amount of about oictool. value, which
for the puachafe of hot les ; the Defendants are trot*. Lacey Arundel naturally wifhed to fecure to her
tees of the road between London and Woolwich. daughters. It was therefore agreed between Lord
The former had purchafed ten holies, at the price A. and her, that that property thould be made over'
of twenty guineas, of a liable keeper, for the ufe of to Lady A. and that the on the other hand Thould
the Ordnance, and had fent them towards Woolwich raife the turn of 1 3,0001. out of-her own proper
from the office in Privy Gardens, by one of the men Mime, to pay off his debts fro tante. Mutual Trutt
called constuaors, of which there are fifteen in num- Deeds were accordingly executed. Lady Arundel
ber. On the arrival of thefe horfes at the turnpike made over her dime to Lord Clifford and Mr. 12,
0001.
in toll was demanded. which being.refufed to be del for the purpole of railing on it the fum of 12,0001.
paid by the conduftor, one of the animals was de
to be employed in paying off Lord A.'s debts, and
tamed, arid was fold to defray the toll. On this he, on the other hand, made over to the fame Trot--
cirtumftance so ion of trove'. was brougte hgo aain tees o
13,000r.cwasn her acount the goods in Wardour Caine.—
the Defendants, ame
nd the queftion was, if th ehrnks,ft The railed, and all paid away in pay-
froconduCting to Woolwich, were exempted from toll ment of debts of Lord Arundel, except athbou hand
t d
hsl.
under the Mutiny Aft 1 which gut into his own hands. On the other an
Mr. GARRow admitted, from the (butte, that all the Trull Deed in favour of Lady nitre S de-
!Nees of his Majelly's Officers and foldiers by land, livered, but had never been made ufe of, dered
and not only thefe, but all barges and boats in the public, till the Sheriff came to make the execution,
fame fervice by water, are exempt from toll. A when it was (hewn to him. The Learned Counfel
verdift was obtained for the Plaintiff, to which the confeffed that the learned Judge, in his addrefs to the
Learned Counfel objefled, that the horfes were not Jusy, had viewed the conveyance as fraudulent.—
in the fervice of Government until they were palled He should, however, meet the eficrarent lulpicious
and accepted at Woolwich, and therefore not ea- circumflances in the cafe ; and hoped to be able to
empted from toll ; but taking it that they were ex- (hew that they did not warrant fuck a charge. That
empted, they mull then have been the property of Lord A. was embarraffed at the time of the convey-
Government, and the Plaintiff, in point of law, could ance he was free to admit. But were the interests of
not bring an aftion of trover in his own name for his creditors lefrened, were they not rather rendered
this public property. more fecure by that conveyance ? It was converting
Lord ELLItiIIoROVGII—" How could he he the an alienable fund which he might have difpnfed of,
proprietor at all ?—Take a rule to flew cattle." and have fmtandered away without regard to his
s. cease soßw L. rite COMPANY OF FRGS [WILES or
Icr editors,
as laid, iittLady.s a fubfl
A. hadantianever enteredl fund for their
into polref-
payment.
WHITS t w
Mr. Serjeard. SHEPHERD applied for a role to fliew lion. This umpieftionably would have been a throng
MIK why a new trial should not be granted in this prefumption of fraud againft any perfon I but Lady
cafe. It had been tried at Maidanne, before Mr. A. who, being the wife of his Lordthip, her pollef-
Serjeant Runnington, on a writ of Mandamus, and a non was fufficiently proved by that of her bufband.
verdia given for the Plaintiff, who had claimed to be An
;niventory, too, it was laid, had not been made
admitted a freeman of the fociety. Thc peril-ins en- out but this circumtlance, though it might impole
title to he admitted as f were the eldeß lons a greater difficulty nn the perfon climing riht t
of (Id cemen ; apprenticesreemen who had re;stlarly ferved the cffeas, could not be fuppofed indiacative of g fraud.o
Canted (icemen, or the widows of freemen. The Want of notoriety was alfo objetted, but it was a
Corporation was an ancient body, who for an int- determined point, that perfonal clefts might be eon-
s:scale number of years h..d been lefties of the fifhings, yed to a wife by a marriage fettlement, without
of which, by an Aft of Patliament patted in the 33d any publicity being required. The only other infi-
of his prefent Majelly, they were entitled to become matron again% the validity of the conveyance, was
and now were proprietors. Every member of the inferred from this, that about seol. of the rum paid
Corporation was entitled to an equal (tare in the pro- in confideration of it, had been allowed to go into
fits i and as ouch profits did not arife merely on the Lord A.'s hands. This, however, could have no
Minna of the native °Titers, bat alto in the exertions effea un the tranfaaion If the trullees had allow-
ed' the apprentices and members of the Corporation, ed any part of the money to get into his Lordllsip's
in bringing the (pal, &c. from other quarters :—a hands, they were liable for the mirapplication of it.
bye taw had been paffed. the reafonablenefs and Of. and could be called to account in a regular manner.
lice of which was, from that eircumßance, fufficient. Thus he had confidered each charge feparately, and'
ly apparent, declaring that nn apprentice who had hoped he had made it appear, that there was in none
not fairly d truly filmed his matter for the whole of them any thing which could ground even a fufpi-
period of Iris indenture, heing feven years, was entitled con of fraud ; and, taking altogether they did not
to be ada.ioed a member tit the Corporation, and that in any raped amount to what the Law waffled to
no matter coold content to fuch alienation of fervice. guard againft—a conveyame entered into fectetly,
The Plaintiff commenced thatpthi in the male fuk and without a proper confideration. That
year i 79 1 , and it appeared his matter, who was a fair and proper contideration had been granted. no
as member of the Corpor•tion, had allowed him to en- man who allowed that t howl. was equal to a
age in a hit ed tender iti the year t ana,and that he fmaller furn could difpute. To thew bona fides, and
hadnot gone itn board a man ut war till two years no with of acquitting a clandelline or fecret advan.
afterwards, from which it fleetly appeared diat his tage, it was fulfirient to keep in view that here, NE
delertion if hi. apprentaceibip WAS not conitiained, the time of executing the conveyance, there was no
but volnntary. Even if csnoiraint could have been imputtitnate cre.litcr in readinefs to tarry os the
proved, the Learned Seijeant wool./ have found goods ; butt that, by the very terms of the tranfac
himfelf w4tranted in maintag, that, where the be. fl4lO, a flitatiating fund which might have been di-
ne& to be derivedarofe entitely (torn the peaknai ex. vented (corn payment of Lord A.'s creditors, had
eitions of th ifs engaged in the employment, patents, been converted into a certain fond which could be
vim, even from neceffity, had borne no part in ad- applied only in payment of his debts.
dint! to the value of the propeity, had nn riy,la to ! Lord Liercs.otovnti laid this was certainly a
Share in it ;far more fo, however, was he entitted to , very fit c.,n. to I.? coutlidercd. He withed the Coun-
told fug it an argument. when. A S in the prefent este i Id. itriscc‘er. to ki,p in vicw that it appeased that
it :tpoentzd, th:ut the Plaintiff, I,y his own will, with ! the first payment mrude under the mull deed WAS laid
C., kiiimatter, hadgincapacitated binned Ito have taken c— in S.ptember, after the prefent
item-16%1A1 diming tu [lee general futiJ.--Itnie granted ; AiliVfl war btoughßule granted

HAT AND srewazt, mentos, or GEN. PATRICK
DUFF, V. LIENIAMIII AND ABRAII AM GOLDSMID.
Mr. ERSKINE, applied for a rule to thew caufe why
a dew trial (hould not be granted in this cafe. It Ap-
peared that the late Major Gen. Duff had ferved in In-
his own perfon, he wasdema alfo executorh of Capt. Alex-
ander Itobertfon, alto formerly in the EAR India
Company's fervice. The General granted a power
of attorney in favour of his two brothers, James and
Robert Duff, of Finfbory-fquare, authorizing them
to demand from the Eatt India Company all firms
of money " due or that might become due to him
on any account whatfoever," and to r* tranfaft all
Winds for him." Two bills having arrived in fa-
vour of the General, as executor of Captain Robert-
fon, drawn on the Eaft India Company at 548 days
after the and November, 18ot, it appeared that the
brothers James and Robert Doff had difecientid thefe
bills, aster procuration of their brother the,General,
with Meffrs. Donaldfon and Glenny, who again in-
cluded them to Meffrs. Goldfmids. James Duff be-
came bankrupt in 18oz. The General then came to
London, and finding that his brothers were indebted
to him, called in queftion the payment of thefe two
bills, infifiing that Donaldfon and Glenny (hould bees
the lofs of them, and on their refuting to do fo,
threatening to bring an altion for recovery of the
amount from Meffrs. Goldfmids. This the latter
Gentleman begged might not be done, but that fuch
a&ion fhould be brought againtt them. The Gene-
ral, however, never did bring any aBion of the kind,
but lay on his oars till his death, when his executors
brought the prefent aBion, againft the Meffrs. Gold-
fmids. For the Plaintiffs it was contended, that this
was not a regular aft of the attornies of Gen. Duff,
as in payment or intromiffion with his eftate, but
with the monies of Captain Robertfon, which it could
neer be his intention, not being his own property,
to v
entruft to their care or management. On the
other hand, however, Mr. Ertkipe contended, that
the power of attorney granted to the brothers was one
of the fulleft and molt ample powers which could
have been ;ranted, and that he, as executor, having
complete right to uplift the debts due to Capt. Ro-
bertfon, and having made over to his attornies the
right to uplift all turns of money due or to become
due to him " on any account whatever," they had a
right to the bills in queßion as much as to any funds
of the General, and the Defendants were warranted
in difconnting thefe bills to his attornies.
Mr. GI What I contended was, that they
had no right under that power to put the bills in
circulation before they became doe."
Lord E'.11.,11101t000H.--" Let us have copies of
the bills, and of the letter of attorney. You may
take a rule to thew caufe."

CHILBLAINS are cured by one application of
WHITEHEAD's Fluid ESSENCE of MUSTARD, and the
kocreft *aim and Bridles, in ida than ball the time dually
taken by °palebloc, Arquebufadc, or any other liniment or em-
brocation: and ftsifed Immediately after any accitent, it prevents
the part taming black.
The Mutrd Pills are alto taken with lingo
faeces In all
ft
Rheumatic, Paralytic, and Gouty affedions, Numbed', Sprats,
or ',undoing pales, Flatulency, indigeitton, and general Debility;
at the fame time, the salve fluid Effenee is applied to the parts
affeded, in theft complaints where needrary. It is prepared and
fold at as. pd. each box or bottle, by R. Johnfton, Apothecary,
No. t 5, Greek-ft:as, Soho, London. •
Cr The Chilblain Ointment, for deviling and fpeedily healing
brawn Chilblains, is alio preparod by Mr Johnliton, price is. t
each Box.

—FOR THE JAMYELLWES AND CPOWDEOgrAOIOUS
R.
THE fuperior Efficacy of this Medicine. eon.
firmed by the Experience of the greater Part of die laft Cen-
tury, has occafioned Its Introdudtion into regular PraCtice. Its
extraordinary Succefs in the Ineutnza of till, as well as that of
1.78a,is too recent be forgotten ; and the happy Effedts derived
froffi i a Ilk, as related by Captain Colnett, ot the Royal Navy,
in his Voyage tn the South Seas, when all his Shlp's Company were
attacked by the Yellow Fever, have eltabUlbed its Reputation in
the Cure of that horrible Diforder. After deftrihing the Manner
in which he admistiftered the Powder, be rapes
ter " The w
who hn
thou le
Crew
" improved in their Health, except the Carpen, , gh a
" very Rout robuft Man, was at one Time in loch a State of De-
. liriunhand fo much reduced, that 1 gave him over but be at
" length recovered."—oSee Captain Colnett's interefling Publics.
tion; and the Extraet of his Mode of Treatment to the Bill of Di •
re lions with this Medicine.—The Powder ihould in all Cafes be
taken nn the Firit Attack of a Fever, before it has been (offered to
gain Ground and ravage the Co Alit talon; but as it has often re-
Rored Patients after every other Febrifuge Las failed, it ought to
be tried even in the left Extremity.
Sold only by F. Newberg and Sons, No. 45, St. Paul's Church-
yard, (a few Doors from Cbcapfide) London; and at Dr. James's
late Houk, in Bruton-Reed ; Packets, Price as od. cash, Duty
or in Bottles containing Twelve Packets, Prise aas as
made op for the Army and Navy.
N B None can be genuine but thole which have the Wade " F.
Newberg, No. 43, St. Paul s," engraved in the Stamp.
From the Right Hoch the LORD CHIEF BARON.
To Mr. CHING, Apothecary, Chcapfule, near St. Paul's.
SIR—I do you the juitice of acquainting you that
my Son has derived very material benefit from your Warns.
Medicine, having bath attacked by Worms above &scar in the mutt
formidable manner, and attended by a Phyfirlan of great (till, my
own perfonal friend. I ventured, but not without acquainting his,
to adminifter your Medicine • the confcquence was, that my Son
was relieved from a tom) which cannot with propriety be dekrib•
ed, but which appeared to be the nest of their perniciaus animal.;
ed,
and I further acquaint you, that from the cafe and efficacy of the
operation of your Medicine, lam encouraged to repeat it, if per-
ceive any of thole (raptness with which tam wen acquainted from
very difsgresuble experience.
I have alto reccmarionicd your Medicine to my friends, parties.
lirly a family with which I am nearly connedrd, where It has
done very great ferrite, and when we meet I 'hall acquaint you
wt. h more inltances in winch it has been attendrd with perfsa
(sweet's, cfpecially amoog poor children. am, Sir,
Your very obedient Servant, AR. MACDONALD.
Duke tart, V'citminfter, Nov. xi.
Sold Wholefale. at Ching and Butler's Medicinal Warthogs
Cheaplide, Londomin boxes at ts.6d. and as. pd. e-arh; may be bad
retailoit liarwoosi,Cbehenhani; Silver, Margate: Bursa,' Real-
gate I Sharpe. Deal; Brilttaw, zollrey, and Simmonds, Canterbu-
ry ; Baker, Harvey, and Sutton, Southanipton ; &Dm andGlDas,
Portimooth ; Bur land and I,l6'efinn, Poetics : Benton and I cc,
Lewd; Gregory and Gilbert, Bnebton ; Spooner, Worthing; Ha-
zard, Marti •t, hicyler, and Simi, Bath ; Bulgen, •Iteppard, and
Brown, Brllini ; Goadhy and Prony,Shertiortic ; Hervey,
and Ryail, Weymnith ; Cotkon. thy, Payne, Rirlaarda, and
Willa, Plymouth; lin•Land and C..ligJon. hock; -
nureettem ; theiter ;K. ',mei., Eulcticit,r ; Mcsgy and
Stabs, Chain:s(4;l; Smith, iteaburn, god Scott, Edinburgd,h ;
MacDosiakl, Glafgow ackins, Hereford ; invente ;
Greyhm, , am; Sayer ; I Avery. ; [Wins, Wright.
and Holmes, Lode ; liurbage and Dunn, Nantstigh in.; Edge
and Mariball, Nortb.nipton ; Read, Yarnuauth ; back, New
Yank; Garner, Barbados s ; Call
ail
and Builk, , Dublin ;
sslio Akard,
n -
head, Walker, and Holriem, twcaftic ; Pcc Koh, It
and Melesiter, HaU ; W oldtalbalme and Blanchard, York ; Ba.
osii at.% Starctdon, Norwich ; J sic. and Sdat ter, (Oxford ; Bray,
Sunderland ; Wo,al and Iddows Shrcwibary ; N. wcombe,
stunt ; Tholwall and Pratt, dcarlax.mgb ; Legye and Knight
•Viodfor ; Smart anti Co. Readtog ; and by nod 800 hiding
as
reff•enlef •in 0,4 ry town die Unit, d Kingdom.
As opening PLy fir on all Gershon', CHING's Paten! MDR Ni
I.O7.f.NGLS Aft IRCWIIIII CeiC&Cl.l., it a!f., slur!, s the do:r.acl
sod bowels sal 111 if 4.114 Rime with which they .r. terquenti
loaded ; I.y diClod‘ii'g thrift crudities, n thy al rttat
lag the body to Deihl' end Rteogth