Star.
London, England, 1807-12-17 00:00:00

.arßAPoot,

Ttlefday evening !aft, Mr. Janes Atherton, of
Evertoo, while walking in one of the ftreets adjacent
to his houfe, fell down in confequence of the very
ftippery date of the roads, and unfortunately broke
one of the bones of his leg, betide force fevers broiler
in other parts of his body. We are, however, happy
to learn, that he is in a fair way of recovery.
As the Rev. Mr. Gilbert, of Kentchurch. Here
fordfhire, was out cock &owing with fume friends,
near the Goitree, Monmouthihire, on proceeding
down the fide e.‘ a wood with one of them, and beino
a little advanced before him, by tome accident his
friend's gun went off, and lodged nearly the whole f
the charge in the fide of the back part of Mr. Gil
bert's head, tearing away his ear ; the unfortunate
gentleman inaantly fell. He wa• conveyed to a farm
houfe, where he lingered till Sunday morning, when
he expired ; he was fenfible till the laft, and repeat.
edly fignified that he lincerely forgave the unErto-
nate author of the accident.

Saturday evening, between eight and nine o'clock,
the family of a molt refpedable tradefman in Church-
ltreet was thrown into the deepelt dillrefs, by the
negligence of a fervant maid entrulted with the care
of the children to bed, when the unfortunately let
fire to the bed curtains, and left the room without
perceiving the flame. The alarm being given by
the neighbours, the difirailed father rather flew
than ran up (lairs, and fucceeded in fnatching his
child from the devouring element, but too late to
preferre the life IS a darling daughter between two
and three years cf age, who was fo dreadfully
burned that it expired in a few hours, though furgi.
cal aid was immediately had ; the lituation of the
otreittliitd parents may be better imagined than de-
(crated.

confequence of the Coroner's Inqueft deliver.
lag their verditt againtt William Hawkefwood, as
the fufpeeed murderer of Mr. Parker, of Swindon,
, (as mentioned in a former paper) he immediately
' abfconded, and was traced to Worcetler, whence he
proceeded onwards by the Briflol mail, and there
entered into the navy ; he was, however, apprehen.
ded ott board the tender, and conveyed to Stafford
jail, after undergoing a 'lna examination, in the
courfe of which he acknowledged giving his mailer ,
his ufual cup of camomile tea, which he was in the
habit of drinking every morning, and in
infufed, which ar-
fenic bad been but that he did not pot it in.
It appeared on the examination before the Coroner,
that Mr. Parker, the moment be tailed the tea,
complained that it had a very unpleafant flavour,
and did not, in confequence, drink the whole of it ;
notwithflanding which he was form after taken
and began to fufped he was panned ; a furgeon was
itnmetately fent for, but Mr. Parker died in about
an hour after. On examining the cup, the furgeon
found the dregs of arfenic at the bottom. Hawker
wood being cFofely queftioned, prevaricated in his
aofwer, and at length made his efcape, and conceal-
ed Itimfelf in his father's houfe till the Coroner's in-
gnat declared him to be the murderer.
At Inqueli was on Tuefday held at the dock houfe
of the Grand Surrey Canal Company, on the body of
W. Arnold, who was employed in the brick yard at
the edge of the baton. The deceafed, on feeing a
breeze merchant enter the yard, accompanied by two_
officers, for the purpofe of arrefling him, leapt into'
the baton, near 63 feet deep, and fwatn alongfide a
(hip in the dock, which he got on board ; when find-
ing the officers, who had followed his example, dole
at his heels, he leapt overboard on the oppufite fide,
and funk to rife no more. The Jury, conceiving that
neither the cfliccrs or plaintiff had exceeded their
duty, pronounced a verdiscl accordingly.
The following melancholy circumftance occurred
on Wednefday fennight in the neighbourhood of
Carlifle, to a Gentleman ofgreat refpeßability, a Cap.
tam in the Army, and who had for fume time laboured
under mental derangement. On the t3th inft. he ap-
peared to be In far recovered, that his friends thought
he might with fafety be permitted to take a walk,
attended by a man who had been employed for that
purpole. The unfortunate Gentleman travelled on
very peaceably till they reached Sandesfield, a dif
tance of nearly four miles from the refidence of the
Gentleman, where they Raid a Quoit time and had
Come refrefhment ; but when they were about to re•
torn home in the evening, he became fo zxtremely
refradlory, that it was deemed expedient to knock
him down, in hopes of their being able to get him
properly fecured. This meafure, however, did not
prove effectual, for he was no limner down, than he
immediately (prang upon his feet, and ran acrofs
Brough Marfh (an extenfive track of uninclofed
ground) with fuch (peed, that neither his attendant,
nor another perfon who was prefent at the time,
could overtake him, and he was Coon out of fight,
night then coming on. The molt diligent fearch has
face been made tor him, but hitherto without effea ;
and, we are lorry to add, that there is every reafon
to believe he has been drowned either in forme of the
numerous creeks on the marfh, or in Solway Firth.
MARLioioUGN STMT.—The manfion of Mrs.'
Jervis, a relative of the Earl of Banbury, was en-
tered on Monday night, during the abfence of the
fervent:, and fosse valuable property, and a trunk
containing Eall India articles of value, were flolen.
Information was given at this office, when an officer
was dilparched to find out the thieves ; the officer
apprehended fix perfons, three of whom were hack-
ney coachmen, two female fervants, who were left
in care of the haute abaft the family were at Bath,
and a cook maid who had recently left Mrs. Jervis's
fervice. It appeared that on the evening of the rob-
bery, this cook maid introduced the three hackney.
coachmen to the other females who had the care of
the houfe in Somerfet-ftreet, and the whole left it,
(pent the evening in the Edgeware road, and did not
return until one o'clock in the morning. A female
called at the houfe of Mrs. Jervis at eight o'clock in
the evening, but the could not gain admittance, and
on her returning thither at nine o'clock, (be found
the fireet door open, and the robbery was difcovered.
It was proved that one of the coachmen, of the name
of Herbert, had left the company of the others from
(even o'clock until nine, and that he appeared-in a
perfpiration on his return. The ftolen property re•
mains undifctivered, and Herbert, and the three fe-
males, were committed fur another examination.
WGRSHIP SPREET. —Ye fierdAy Ann Crouch was
fully committed, charged with ilealingaiargequantity
of wearing apparel, the 0-qv-Ey of Amelia Barnet.

LAW INTILLIGENCE.

ADMIRALTY COURT, DOCTORS' COMMONS.

Wednefday the Right Hon. Sir WILLIAM ScorT
proceeded to the adjudication
ner of the following cafes :
Novello. llooavick .—lt appeared that this Danidt Rip
was in the dock of a litipwript, undergoing repairs, and was
feized by Government, in the ezpedation of boftllities with Den
mark, as i circa of Admiraity.bnt was afterwards reftored The
queition leas rod petting the lien the Ihipwright had on the Ihip als
a feeurity for ibis demand for repairs, and whether he was not to
be pat in as good a Causation se be was when In poffellion of the
Chip. The Court in delivering its opinion, obferved, that it had
been urged by Coorifel, that the Court had no jurifdietion to feize
the veffel in a dry dock—it, however, held that it had as much ju-
rifdidtion there as in the middle of the ltream in the river. It was
alto of opinion, that a lien of a litrkilit fuhjed Ibould be protedted
to the utmoll, provided it was found to be a jolt one ; and accor-
dingly diredted the Martha to place the velikl in the fame fitua•
thin he found her.

Elizabeth, Voight Matter.—This INnifti veicel, laden with a
cargo of wine and brandy, was failing under a licence for the pur-
pole of importing the cargo into this country —Ship and cargo re •
Bored, with freight, and expences, and the captcr's cxpences al•
lowed of taking the .depolition.

PLcenix, Brockling Staffer —This was a Daniel Slip and cargo.
The Ihip had already been condemned as Danilh property—the
Court this day alto condemned the cargo to the Crown, but re-
Bored the goods claimed on behalf of the Supercargo.
Canopus,Kortlang Mafter.--This veffel was going from one
Danilh port to another, with a cargo of various merchandize,
which was claimed on behalf of different chimants ; and it was
contended by their Counfd, that the property was as fully docu-
mented as any cafe that came before the court. and therefore
trotted that it would condemn the captors in cons and damages
The Court decreed rdtitution of the hip and cargo, and pro-
nounced this day's expenees of the claimants, in bearing the cafe,
to be paid by the captors.

COURT OF KING'S BENCH, DEC. Ts.

RD1141,011 V. SIR JANIS WRIGHT.

This was an action to recover a fum of money paid
to the defendant's ufe by the plaintiff.
The A rroastav Calmat. Paid, the- defendant in
this caufe was the proprietor of an ettate in the ;nand
of Jamaica, and alto of one at Savant; th, in Georgia,
to the former of which the plaintiff had aged as
agent, and to the latter, p.tri ns-of the names of
Maine and M•gfeen. On tto Jamaica plantatiost,
there were a number of negroes whom Sir James
Weight was delirotu of temoving to Savannah, and1
diretted the defendant to deliver them to Maine and
Mogen, who fent the (hip MtriA Frances to receive
them. They were put on board, and the Captain had I
proceeded as far as Cape Antonio, when the veil&
and cargo were feized by the Revenue Officers, as
not having the fufferance, or licence to convey them.
At the time the (hip was taken, there was alio a quan-
tity of fugars on board, belonging to a Mr. Brijant.
of King/lon. The quellion of the feiznrt was brought
before the Governor of Jamaica, and it was agreed
that t zool. currency Should be taken in hen of the
veal and cargo. When the Captain was called
upon to contribute his flute of this fum for the Ship
and the fugars on board, he was unable to pay it ;
and Mr. Edmifon, the Plaintiff, in order to releafe
the negroes of his principal, agreed to advance the
money upon the fecurity of a bill of exchange, and
a bottomry bond. The bill was drawn upon the Cap.
taints Agent., Mats. Mabte and Mackey. Theft
fecurities, however, were afterwards found to be We-
lds, and the Plaintiff now fought to recover the-fum
of tzool. from the Defendant.

• Mr. GARROW, for the Defendant Paid, that when
dm cafe came to be fu underilood, the Jury would
not. think that the dant bad been guilty of any
injulice towards the Plaintiff, in refuting to pay this
derhand. The fad was, that Sir James Wright pof.:
feffed no plantations in Jamaica, but owned only force
negroes, who were let to Melfrs. Hibbert and Co. of
this city, and which he wifhed to remove Ao Georgia,
where he hod an effete. Thwendeavoor of the Plain-
tiff, by this adion, was to indemnify himfelf from a
lofs be had fuftained by his own mikondat, by com-
ing upon the Defendant, and pretending himfelf to
be his general agent. When the negroes sere (hipped
on board the Maria Frances, it was his duty to fee
that the Captain was provided with the necerary'do•
cuments, in order to avoid feizure by the Cullom-
' houle Officers. This he had omitted to do, and could
not now take from the packet of his principal the
fum he had paid for his own negligence. If he chofe
to affil the Captain, it was at his own peril, and be
mutt himfelf bear the lots which had thus been in-
curred.

Lord ELLINIOROUGH laid, that there were two
quefiions in the caufe, 1. Whether the agency of the
plaintiff ceafed as loon as the negroes were delivered
to the charge of the Captain, ,and became, therefoie,
fetaaus item ? or 2. Whether the agency continued
until the haves were in a place of fafery ; fo that be
ought to have provided the Captain with the necef-
fary licence to avoid feizure Although this fum of
cool. might have been paid for the advantage of the
defendant, yet it did not follow, that it might be re.
covered in an aaion ; for, in cafe an execution were
in hie Lortlfhip's honk, or his perfon in danger from
pecuniary emharraffment, and a friend, without any
authority, were to pay the debt, the money fo paid
could not be recovered by the common law.. It ap-
peared to his Lordfhip, that the plaintiff was bound
to ezercife his duty as agent, fo as to fee that the I
negroes were put in fafety on board ; and if front
negligence or ignorance, they were afcerwardsfeized, I
and a lots accrued, it mull be borne by the plaintiff.
—Vcrdid for the Defendant.

STEPHIN THORNTON, BROTHERS AND CO. V. HEATH.
This was an anion for a breach of contra&

The Avroew EY Gamneas, far the plaintiffs, Paid,
that they in the mouth of July, 1806, by their bro.
kers, Mars. Sharp and Son, agreed to buy of the
defendant, too tons of Peterfburgh clean hemp, and
too tons of Peterlburgh outihnt hemp, to be put on
board a (hip or (hips before the firft of September, in
the fame year. After waiting for a confiderable
period after the time appointed for fulfilling the con-
trail, they were obliged to provide themfelves with
it elfewheret and what they fought from the Jury
was, the difference of price they agreed to pay the
defendant, and the fum they allually did pay for the
hemp they purchafedof others.
After the neceffary evidence had been adduced,
Mr. GAtIOW, for his client, laid, that he was afraid
he could make no defence to this arftiun. He ad
muted, that the Drf. endant had entered into the con-
trail, and mull pay the damages fought. The truth
was, that in conftquence of the Ege of penhagen,
no veffels could be procured to bring home the hemp,
and the Defendant mull anfwer for this misfortune.
Verdid for Plaintiffs, 14001.

COLLET AND OTHERS V. SAIIIYER TORRIERY:
This was an .aai -s upon a Policy of Inturanei
upin the freight of the Ihip Pficenis, at and frorts
Trinadad to London, with permiffion to join convoy:
The ATTORNEY (;rimaces, for the Plaintiff, faidj
that the Pncenis had originally been purchaled by
his client, at Dover, and was then fent to the yard of
Meflis. Barnard and Roberts to be repaired, having
been pre•irsolly doubled, or cowered at bottom with
teak wood. She failed on her outward voyage to
Madeira and the Well Indies, and was c ,ming frinu
Trinadad on the t9th of May, on her v loge tO
England, with many others. under c rf his
hlajefly's fl. op Kingfifber. At that peri d the coma
pined French and Spacifh fleets were in the Welt
Indies, in purfuit of which -Lord WC n was fent
out. The Bri,ifb fcitradron was teen off Cocoarite Bay,
through which the nice:sir and the rell of her convoy
were proceeding, and it was miftiken for the enemy.
The Comm.idore, under this nacoLception, ordered
the lbips under his care to be hauled up on the
wind, in order that thry might be protetied by
the batteries on Chore. While tncy lay in this firma.
tion, the Pilo: )ix heeled upon her fide, and by this
means was I-, much drained, that when the was got
afloat, the made feven inches of water in the hour.
It was deemed not prat icable to pry ceed with her to
England, and a futvey was in confequence tAken,
when the was condemned, and her cargo abandoned
to the Underwriters.

The evidence was next adduced ; but upnn the
crcfs•examination of fome of the witneffes, they de.
pcfed, that the Phcenix might have been repaired in
America, and that they had head that the had floc,
arrived in tilt River Thames.

Mr. Gaseow, for the Defendant, contended, that
the veilel, when the quitted Trinidad, was not in a
(late of fea.worrhinefs. It was admitted, en behalf
of the Plaintiffs, that the was doubled at the time
of her quitting this country, which, at beft, was but
a lame expedient to aviid the expence of a new
bottom. It was true, that after this repair, the might
be ftronger than before the received it ; but it was
only like a man who, inilead of having no leg at all,
was proVided with a wooden one ; er like a perfon
who having frattured his &till, had, to prevent death,
been trepanned; yet, in neither inftances, would it
be contended that the man was as found as before he
loft his leg, or fraaured his skull.
. The CHM' Justice inclined to the opinion that
the veffel could not be fea worthy when the com-
menced her homeward voyage ; as if fhe had been
fea worthy, the heeling upon the mud in Cocoarite
Bay, would not have been attended with the confer
quences vrhich followed it—Verdia for the PlaintiA,
1831. 41.

•••••1.0••••

COURT OF COMMON PLEAS, DEC Is.
ARNSTRoNG O. CHALPOR.
Mr. Serjeant VAUGHAN Rated, that his client (to
(peak the pain tru,h) was a crimp, and the defendant
was the manes of a public honfecafled theThreeFoxes.
He thought this fign was very applicable to the de-
fendant, and that the Jury would think that In craft
and cunning he refembled thole animals which (creed
as the fign of his public houfe. The Plaintiff had de.
pofited with him a confiderable number of protaiC
Tory notes, to the value of about 5001. He was pro.
.bably aware, that it would be almoft impoffible for
the Plaintiff to prove the cud number and amount
of thole notes, and therefore refuted to return them.
i He could however prove, that a demand had been
made, and that the Defendant had acknowledged
that he had note% of nearly the value Rated. The
Plaintiff was therefore driven to this anion for trnver,
and he huped to recover at leaft the amount of what
the Defendant confeffed he had of his.
The witneffes that were brought to prove this cafe
Rated, that the Plaintiff had lodged for two or three
years at the houfe of the Defendant, where he was in
the habit of brir•.gidg the failors whom he had crimp.
ed—that in the month of July lift the Plaintiff and
Defendant had, at different times, very high words;
that the Defendant Paid, that he wilhed the other
would leave his houfe—to which the Plaintiffanfwer-
ed, he would with pleafure, if the Defendant would
Mime him his property. The Defendant replieds
that the notes were with his wife, and that the Plain-
tiff might have them when he pleated ; and that forte
time after the Plaintiff brought his anion of trover,
And arreßed the Defendant for 4501.
Mr. Serjeant CLATTON on the part ri the defen-
dant, undertook to convince the Jury that this was
one of the moR ill founded, malicions, Ind wicked
aaions which had came before his I.ordthip d uring
courfe of the prefent fittings. The real truth Of
the cafe was this: the plaintiff, who had lodged two
or three years at the defendant's houfe, owed him a
very confiderable fum of money, and as a fecurity for
the payment of i;, depofited in his hands a confide.
rable number of promiffory notes from (slots, which
was prnbably a very inadequate fecority for the debt.
Not only the plaintiff, but his Attorney had requeli.
ed the defendant to keep thefe notes as a feeurity ;
and yet after this they ferved upon him a notice to
I give up thole notes, and in about three minutes after
I leaving the notice, arrefted him and held him to bail.
Sir JaMes MANSIPIRLD (aid that this was a horrible
I abnfe, and he hoped the Counfel would mention it
to the Court of Common Pleas next term. It was
nerefary that there fhaold be fun rule with refpea
to aftions of trover. It had been known, that a
plaintiff had arrested a man for 50,0001. which be was
pleated to (wear was the value of a deed detained
from him"; and in the prefent inflanee the defendant
had been:arrefted for 4501. and held to bail in double
that amount for a parcel of-old bills that were per-
haps not worth 56.
The witneffes for the defendant completely con-
firmed the 11,11teerlellt of Mr. Serjeant CLAYTON.
Sir Janes Maisstau did not think there wu any
contrariety of evidence to fubmit to the Jury. The
defendant might have Paid, as the witnefes for the
plaintiff (wore, 6 You may have your antes when
you pleafe,' and yet it could he not inferred from that
!that he meant to give :hem back without being paid
the debt for the fecnrity of which they were depofi.
ted.—The plaintiff was nonfuited.

The accounts from Limerick and Galway are of
the ntoft diftreffing kind. The face of the country
is deeply buried in (now, which fell moll heavily for
four hours on the 7th infant. Groat quanti ies of
potatoes remain in the ground, where it is feared they
will receive filch injury as to make them fcarcely
worth the dig.ing.

.
• LAW INTILLIGINCL

IN MiTIPRIATION FROM VHS ?RECEDING FAGS.

COURT OF CHANCIRY, DPCEMBER 14.
PICKETT V. LOGAN.
' The CHANCELLOR gave judgment in the above
cafe. It was a bill filed by the plaintiff and others,
to let afide a deed under the following circumeances
The bufband of the defendant, Mrs. Logan, in his
life time was the mailer of the Bull Tavern, on
Shooter's Hill. His fuccefs in trade enabled him
to purchafe an eftate in the neighbourhood, and
another in Cambridgefltire, which, at the time of his
deceafe, were of the value of feven thoufand pounds
and upwards. Mr. Logan. however, died inteeate,
and his widow, of c:mrfe, was left to her dower.—
The next of kin was advertifed for, and they proved
to be perfons of low and difrolute life. A reprefen-
cation was made to there people, and an advantage
taken of their poverty and diffolute life, that induced
them for the rum of 10461. to part with their right
of fuccetlioa, and in Short to make a Pale outright of
all their title and intereft in the Logan eftates to the
widow, the prefent defendant. Some I•ears after
this, Condar, one of the relations, who was a con-
yid, died, and alto the hufband of Mrs. Wear, ano
ther of the relations. The widow of the latter
married a Second hufband, named Pickett, and it
being fobfequently afcertained that John Carr, ano-
ther relation, had died abroad, Mrs. Pickett and the
widow Condar made a further claim upon the eßate
of their deceafed relative. They then fouid that
they had difoofed of all right and title to the effete
by the deed they had formerly figned, the confidera-
eon for which was the 10461. they bad before
!hared. Upon this, in the year Leo°, they filed a
big in Chancery to let afide the deed, alledging that
an undue advantage had been taken of their dieters
and ignorance, and that when they figned a forten•
der of their interefts, it was with the exprefs under-
Handing, on their parts, that their brother was living,
and Rill likely to claim for bimfelf. This was an-
fwered by raying, that it was a tale outright. and
that the referee was only an afterthought. From
1800, to the prefent day,that caufe has been in Chan-
eery, the poverty of the plaintiffs preventing them
from profecutiog it with greater celerity. The eines
lit queflion are now worth 14,0001.
The LoanCu c scum held that it was quite unne-
ceffary for him to give any opinion on the point,
whether the plaintiff having filed a former Bill, on
fimilar grounds, which was dihniffed before coming
to a hearing, was entitled to Wing the queftion again
before the Court, by the prefent Bill. Two very
confiderable perfons, Lord Somers, and Lord Mac-
clesfield, teemed not to have been decided on this
point ; but it was tmineeeffary for him to enter into it,
it appearing to his Lordfhip, after the belt confidera-
tion he could billow on the fubjea, that it was clearly
competent to the defendant to wave• the benefit of
filth, a plea, which the had done, by not originally ,
MOOR it as a bar to any further 'proceedings, but
going at once into the merits of the. Deed of Leafe
sod Reigate. This preliminary objeetion being chi
riled of, his Lordettp could not entertain a doubt
that there was no Rule in Equity, on which the Deed
excuted by, the Plaintiff andher titter, whom the now
reptelented, could be rupported. The Defendant's
salver, and the whole evidence in the caufe, went
to thew, that it, was not a Waive and immediate
right which the Plaintiff and her lifter were under-
flood to be difpofing of, but 4 mere thing of chance,,,
depending on the eircumeanca o 4 John Carr, their
brother, being then alive or data.- Is was pot ea-
pleined to there women, their brother not having
been heard of for twenty years, that they had a right
to enter into poffeffion of the property, and were en-
titled to fay to Mts. Logan, that the mita not conti•
sue ip that advantageous flotation (be pow held,
but mull yield it up. to them.. No, they were not
told they had any Inch tight, nor, indeed,, that they
had any claim, unlefs they could produce, not kid
proof, but aagal proof, of the death of their brother,
Jahn Carr. Such being theignorance in which they
were fuffered to remain as to their legal rights, and
fuch the extent of the,right, or rather chance, which
it was raid to be bargained that they Mould convey,
it was of confequence to remark, how far the deed
correrponded with this averment. Nothing could be
either than to point out in what terms Such a convey-
ance would be conceived., It would fpecify the un-
certain nature of the, tight conveyed, and for which,
of cootie, a trifling confideration had been given.—
Here, however, the right dirpored of was not of an
uncertain, or even of: a contingent kind, but an ab-
folute and complete conveyance of the freehold and
copyhold ellates, of which Mr. Logan bad died poi
fared, by the Plaintiff and her fieer, not of their even-
tital right, depending on the fat of John Carr's being
then alive or dead, but by them abfolutely as co hei
relies of Mr. Logan : with a complete warranty, not
againfl their afts merely, but againft thole ofkhn Carr
alfo. This was a deed which it was impollible that
the Court could ever rapport. As to the idea of his
Lordfhip's reforming the islet-invent, and reducing
h to a. due. execution of the intention of the parties,
that was impoilible, no, two witneffes agreeing in
what that intention and comma actually was. His;
Lotcifitip, therefore., ordered a re-conveyance of the
real age of Mr. Logan to be, eiectited in favour of
the plaintiff; and that an account fhould,be taken of
the rents and profits of the eftate from. the, date of
filing the preterit rill, the rum of wool. and inteteß,
forming a, charge on the, other fide. His. Lordfhip
alfo ordered the qtleffipn, as to. Mrs., Logan's right
to dower, to go to the Weer.
Mrs. Pickett and her bulband were in. Court, and
were near fainting when they heard his Lordlbip's•
decree, and their cunfequent good fortune.
nac. 15.
ANDREWS AND OTHERS V. MOWERAY AND CASTLE.
This cafe came on this morning for final judgment
—aqd being a qucliion of confidarable importance to
Land Stewards or Agents, we thipk.it necefrary to.
revert to the general charges in the Plaintiff's. bill.
By the bill it appeared, that the.Plaintiffs,were
the children and heir> at law of the late Mr. /later's,
of Scrnpley, in Northumberland, and became jointly
and Severally poffeffed of aneeate,ii that-countr by
the ckevile of their, father, in the year-in+ thcrenu •
and profits then amounting to 301. per annum.. A
perfon of the name of Hopner ached at.ithat time as
manager and ilewatcl of the came ; hut his.conduel
not giving fatisfaCtion, Mr. Mowbray was wont./
mended as a perfon of great !kill and knowlcdgeini

r

I

spicutturai &ffaaii b. was accordingly appointed
Steward, and continued to aEt fuch till he became

the purchafer of the suite. His appointment took i
place without any written agreement or ftipulated
falary, and Gam after he riifed the value of the lanai
from 3491. to 3901. per annum.
The tame was afterwards put up to autltiou under
direetion of the Plaintiffs—but there being no bidder
beyond 1 t,cool. the Plaintiffs being unwilling to
1
part with it under ta,oool. it was bought in, and
Mr. Mowbray afterwards putchafed it by private
contra& for 1 t, i Sol.
Mr. Cattle, the other Defendant, had been she
receiver of the rents, and as a profelfionar man trap.
I faeltd all the law bufinefs relating thereto. The bill
Itherefore, among
.other things, charged the Defen-
dant Mowbray with concealing the teal value of the
clime, and other advantageous circum fiances relating
`to it, at the time of the Mess-with having teed undue
influence with the parties, for the ptapore of becom-
I ing the purchafer himfelf at an undervalue, know-
ing the elate to be an improveable one, as appeared
I by his saifing the value to nearly double loon after
Ihe made the purchafe. The bill, therefore, prayed
againft Mowbray, to let :elide the conveyance, as ob.
tained by fraud, and prayed colts againft the De.
fendant Cattle, as having been officially engaged by
the Plaintiffs, and yet having combined with the
other Defendant, in obtaining for him this eltate.
The caufe came on originalfy to be he trd before his
Honour the Mailer of the Rolls, who, after hearing
both parties and maturely confidering the cafe, dif-
miffed the bill with colts.

It then came on again to be heard before the Lord
Chancellor, at the time before mentioned, upon an
appeal from the Mallet's decrcc—and the important
queltion for the Court was, whether, under fuch cir-
cumflances, and according to the principles of law
and equity, a land Reward or agent could become
the purchafer of his employer's elate ?
In pronouncing judgment, the Loan CHANCEL.
„Loa obferved, that the bill, from the beginning to
;the end, charged Mr. Mowbray with contriving,
from the year tyss, when he tint became concerned
with this dime, to become finally tile purchafer of
it ; and, to attain that end, with concealing the real
value of it, and conniving t" bring it to a file ;
with entetiag into a combination, by means of the
agent, Mr. Caine, to take from this family, for
to,oool. an cßate whicip was reprefented to be worth
from 15 to 18 or ao,oool. It would have been the
duty of his Honour the Matter of the Rolls to have
given the relief prayed by the bill, had the grofs
fraud alledged againtt the defendants been proved ;
but there being no evidence of fuch fraud, be difinif•
fed the bill with colts. His Lordfhip Paid, he felt
he was difcharging a moll anxious and painful duty
in this cafe, as in the former part of his life he bad
been acquainted with there Gentlemen, who were
fully Raced to have been, until the filing of this bill,
both men of irreproachable character ; but his duty
fhould be firmly and handily difcharged. " The
queßion (laid his LordThip), now before the Court,
is not cid?• whether, if the charges of fraud were
made out in evidence, it is loch a fraud as would
vitiate the deed of conveyance I but alto whether
Mr. Mowbray, as the aging land Reward of the
plaintiffs, and their agent at the time of the fate,
could become the purchafer of this dime ?" His
Lordfhip, adverting to the circumstances attending
the fate, thought there was no evidence to impute
frandor intentional concealment to the conduct of
Mowbray ; and with refpea to the other queflion,
whether a land Reward could be the purchafer of an
educe ? he could not find any precedent in the prac•
tice of the Court of Equity, to vitiate for filch a
caufe the deed of conveyance. Still his Lordfhip
thought, it would have been more prudent if Courts
of Equity had dealt mote particularly with this
fpeciee,of cafe ; and he thought it would be much
better flrould e rule be laid down, that no agent
or land Reward thculd become the purchafer of his
employer's eflate : however, there did not in fad
exist any fuch rule. If therefore Mr. Mowbary had
done his duty in this cafe, there was not a precedent
in that Court that could authorife his Lordfhip to
cut down this deed. The bill however contended,
that he was not only land Reward, but agent at the I
Pale. It was eafy to fee, that much more mifchief I
would arift in permitting a. perfon who was agent at!
a file, to become the purchafer, than he who was the
land Reward ; yet his Lordfhip did not recollelt any
inltance when the Court had let afide fuch a fale.—
Untefs, therefore, it could be made out in evidence,
that Mr. Mowbray had from the firft adopted a fyf
tem of fraud, for the final purpofe of purchafing the
clime, and that the attempt to fell by auElion' and
the lubfequent tranfations were a part of that
fyltem, the conVeyance could not be vitiated. The
tads of the cafe were clear ; for if any body at the
late had chofen to bid above mewl. for theerhate,
Mr. Mowbray would not have hadit. Under all the
eircumfiaoces, it appeared to his Lordfhip that Mr.
Mowbray had ailed honettly and fairly, and had not
violatedany duty as land Rewarder agent; he was
1 accoriingly of opinion that the decree of the Mailer
i of the Roll., difmilling the bill with coils, fhould be
f affirmed.
DEMIIRAIR v. THE CORPORATION or cairrevrame.
This cattle came on to be further argued upon de-
•muner to the plaintiff's bill.. The bill, as Rated in a
1 former paper, Caught to reinflate the plaintiff in the
office of fchoolmatter of the free fchool of the borough
of Chippecham, which fituation he had enjoyed for
I fifteen years, and charged the defendants with dif
'miffing him from that office without any kilt caufe,
but merely beeaufe he had voted at a late eledian
contrary to the willies of the majority cf that body.
t. Some of the defendants, by their anfwer, as the body
Icorporate, Rated that the plaintiff had been difmiffed
,'on account of his age and infirmities, and for no
other reafon. Other defendants demurred to the bill
in their individual capacity, Paying, that as the bill
fought to charge them with combination, for which,
if the allegations of the bill were true, they were
liable to be indicted, they were not bound to anfwer.
Sir ARTHUR PIGOT and Mr. HORNE, were heard
lin fopport of the demurrer, and Sir SANIUIL Ro.
i MILI.Y in reply.
The LORD CHANCELLINR poilponed his judgment
until let iday, but oblerved, that if demurrers were to
be allowed becaufe the bill charged the party with
combination, the doors of that Hall might as will
be cloyed for ever ; for nine out of ten rat the bills in
that Court charged the defendants with cowl:tilting
and 'confederating.

COI.TRT OP SESSION IN SCOTLAND.
minewiLD V. MgDORXELLsOT GLEKGARY, AND OTHERS.
Ia June lad the Codtt of Seffion decided a. cafe
which for a conficlitable time patt occafinned much
public interell. An alion was bronght by Mr.
MOrmald, Garrifoi Surgeon of Fort Auguftus,
againll Mr. M‘Dannell, of Glengary, and five others"
for an ailitult committed upon his perfon.
The anion was originally pleaded before the Lard
Jostles CLsait, as Lord Ordinary, who appointed.a
' proof to be taken in Edinburgh, where, accordingly,
about 6o witneifes were examined for the parties, in
the month of May, iBo6. The cafe came finally to
be tried before the Court in June lag, when four fe-
veral days were occupied in bearing Counfel.—
Thereafter their Lnrdfhips appointed Tuefday the
23d of June, for giving judgment, when the fen-
urine of the Court was delivered by their Lordlhipb'
appointment (they being unanimous on every point)
by the Lord jusvics CLEax, in a (peed) of lingular
force, eloquence, and ;mind:Go:l, wherein he hived
the eircumttances of the cafe, and the import of the
I proof, in the molt candid, clear, and perfpicuous
I manner. The Judgment of the Court was in thefe
1 words :

Clove

" The Lotds having advifed the bate of the pro.
eels, writs produced, tedimonies of the witnetfes
adduced, and heard Counfel for the patties in their
own prance, they find, that the brill (whole) de-
fenders, on the 3oth day of September, as libelled,
on the market day of Fort Auguffus, and at or near '
that place, were guilty of a violent and atrocious
affault on the perfon of the purfuer, Mr. Donald
M`Donald, to the effufion of his blood and danger
of his life : find, that the faid affault did not origi
nate in a fudden quarrel, but was the relult of long
preconceived refentmero, and a deliberate purpofe
of revenge, and was attended with many circiim-
llances of great barbarity and peculiar aggravation,
efpccially on the part of the defendant, Alexander
M'Donnell, of Glengary ; therefore find the bail!
Defenders, conjunaly and feverally, liable to the
purfuer in damages ; modifying the fame to Two
thoufand pounds ilerling, and eecern : find the De-
fenders, conjunetly and feverally, alfo liable in ex
pences of procefs, ordain an account thereof to be
given in, and remit to the Auditor to tax the fame,
and to report to the Court. And farther in refpeFt,
that the Defender, Alexander M'Donnell, was, at
the time of the above affault, a Jullice of the Peace,
and a Deputy Lieutenant for the county of Inver.
nets, and was not only the aggrefror in the above af.
fault, and did not interfere to prefelve the peace, but
did, by imprecations and outrageous threats of per
fonai violence, deter and prevent John M.Kay, head
conflable of the county, from inteifering to affiii and
recut the purfuer, when officially called on by him
Co to do ; thereby openly aiding and abetting the
other defenders in their attack upon the purfuer, and
did likewife endeavour to prevent the military guard,
when called, from coming to the purfuei's relief—
the Lords remit this cafe to his Majefty's Advocate,
with the view that he may confider, how far it is
proper, that the laid Alexander M‘amnell, of Glen-
gary, fhould be any longer continued in the Com.
minion of the Peace, and Lieutenancy for the county
of Invernefs ; and, in reipeet of the ungovernable
refinement and violence manifetted by the laid De-
fenders, alto to confider, whether it would not be
proper, that they fhould all of them be laid under
proper fecurity to keep the peace."
Both parties reclaimed ag-linit the above interlo-
cutor, and their mutual petitions came to be advifed
by the Court, on 'ruefday the z.vhof November latt,
when feveral of the Judges delivered their opinions
at great length. The Court unanimonfiy refuted both
petitions, adhered to their former judgment, and of
new recommended the farther confideration of the

cafe to his Majefly's Advocate, in tcrms of thcir
former Interlocutor.

&minx DEATHS.—On Saturday died Mr. J.
Noithali, bookleller, of Stockport. After eating a
hearty dinner, he teemed quite cheerful; but in about
an hour he was feized with a numbnefs in one of his
feet, which proceeded up one fide, and took away the
ufe thereof. In a few miuutet, he was deprived of the
ufe of the other alto, together with his fenfts. He
remained in this deplorable Rate, unable to (peak, till
about five o'clock, when he expired iu the aims of
Mr. Dawfon, his partner in trade.

Tuefday Mr. Callahan, who had fnr many years
held a refpedable fituation in Covent Garden Thea-
tre, fuddenly expired, at his houfe in Porter-fireet,
Leicetterfields.

MARRIED.

On Saturday Taft, James Webber Smith, of Allslirg. in the
County of Suffex, Captain in the Royal Artillery, to Mifs Simeon,
rideft daughter of John Simeon, Elq. one of the Matters of the
Court of Chancery, and M. P tor Reading.
At Wilt Mon ck,on, Somerfetfliire, Charles March Phillips, Efq
eldeft fon of Thomas March Phillips, Efq of Garendon Park,
Lriceftesihire, to Mifs H. Ducarel, youngeit daughter of Mrs Da-
s:re!, of Watford Houle.

On the zit iultant, at Cruikftone, John Murray, Efq. writer in
Stirlieg, to IVkifs Jane Buchanan, daughter of the late Nlr Thomas
Buchanan, of Croy, merchant in Glafgcw.
in liackville ftreet, Dublin, faun Kemmis, Efq of Knighitown
in the Ce.ieetia County, to Ma Smyth, &left daughter of Arch-
deacon S,aith.
On the 7th inftant, at Ayr, William Fullerton, Efq. advocate
to Milio Sufan Hunter, Whitefide of Ayr.

DIED.

On the Toth Inßant, at Ills huufe in Southampton, John Brifbane,
Efq. Admiral of the Red.
On death inftant in Bath, is Ms 71d year, Julio Bourmafter,
Efq. Admiral of the Blue.

On the ad inftant, at Edinburgh, Mrs Mary Lundie, eldeft
daughter of the late Rev Cornelius I. u ndie, m ini (ter of Kelfo, and
rclidt ofshe Rev John Wood, late minifter of Crookham.
At Edinburgh. Mh Smith, widow of the late Colonel Smith,
Commanding (ifScar of the Royal Artillery in Ecotiand.
Lately, at High Holden, William Bourne, aged who had
so children grand children, and great grand children, 89 of whom
curvived him, and are now living.
Captain M. Stephens, aged 39 rears, of the Alarm, loft so the
syth ult. on Burls@ Sink, on his pakage from Cork to Liverpool.
At Muuntpantbcr, County Down, the Rev C W. Moore,many
years Rtdor of the parilb of Moira

..,_ PRICE OF HOPS IN THi 80ii0t1GH MARKET.
New Bags 31 36 to ill 6: j Perko* 51 16/4 tO 71 ;1
!MICR Ot MAT AND STRAW ill lIIIITIIIPIIILD.
•• 51 IDS to 61 6s j New Clover of ocs to of cos
31 tos to 61 6i. I Straw. tl ty to st fis
COAL MARKET, December 16.
SMpe at Market Ships fol 4 Price
ss 'Nee/cattle Coal a 6 491 od to 55. od
6 Stinderliiid 4 46 04 to 494 94
COURSE OF EXCHANGE.
Amfterrlatn 33 7 aDC Cadiz 391*cffee.t. Genoa 414
Do. at fight 34 t t Madrid Oared I Lilian 6o
Rotterdam 11 4 2 in• Ihthrw 39} &ed. ( Oporto 6o
Hambargh 34 4 2111 f. Leghorn 491 ; Dublin to
Altona ' 34 szi Df. 1.4-40 e s 4 2 I Cork itf
Paris t day's date 24 o tiv. Venice 5a liv. Mecca drain
Ditto a Elf. S 4 4 per £ fterling
Botmleala 24 4 I Palermo, 92 pence per of.
NewAgio on the !tank of Holland 54 per Cent
New Dollars 3ti 4 /ti per Ounce.

To Ma!titers and Breorcrp in particular, and to any other Trade 4e

Manu.azlory w6-re Room k required.
In tbe Matter of Jour; EN SUR, a Bankrupt.
To ►e Peremptorily SOLD in FFE, by AUCTION,
By Mr. JOHN PkRCY, _ _

At the Half Moon In'n, in Sh-erbernc. in the County of Dorfet,
Monday the t Ith day of January neat. precilely at three o'clocit.
In the afternoon; falbjectto Inch condition, as will be then pre.
duced,
ALL that DWELLING HOUSE, lately fitted
up and inhabited by the f .id John Enfor, &nate in Deck-
ftreet in the town of Sherburne, with a large walled la Gutkii
adjoining.
Alto. A newrisuilt MA eT-FfOUSE adjoining, with tore room%
corn lofts and bi,w wheel or floating tackle, borfe milt mill, cod
every ocher couvenleney neceffary tor carrying on the nutting buff-
nth.

Likewlfe, a new built BRBWHOUSE, and new-built, roomy.
and commodious Cellars, alto adjoining ; with 'a large boiling cop-
per, wort coolers, lead refersoir, lead conveying pipes, bone pump.
and every other receAlary, upon an improved plan, for a Brewery.
with plenty of water. Alfa a good flailed Stable, and a Waggon-
houre.

Thefe premiks, the whole mating but one lot, are Tully
worth the atteotio., of any perroo who tizzy be difpuled to carry
un the making and hiewing hufataft, either upon a large or a (mall
kale.

The buil Engs throughout are of the very heft material', and
credal at a con6Jera:tle expence, and will he peremrtord,
fold to the belt bidder, that the affignces may clufr their wens It.
YofflUon of all eiccpt tht Dwelling-Hoak, and that at et-
before Lady-day, to be taken in ten days, on the purchafer's
giving fatisfadtory fecurity tor payment of the purchaft-money ow
the 23th of March our, e.f wluch ten per cent. is to be paid as
the file.

Further particulars may be known by applying (if by letter, polt
paid) to Mr. Whitty, at tht. Sherborne Bunk; Mr Owen, builder,
Sherhorne, Affignees of the ram John knfor's Fftate and Ffreas ;
or hit fcrs Edmonds and Son, Solicluss, Chancery Jane, Loadoo.