Star.
London, England, 1825-01-29 00:00:00

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HIGH COURT, OF-ADMIRALTY, Jai. 29.
THE JOHN AND HARRIET.
Tliis was a case of a vessel on which money bed been
raised, and a bottomry-bond given for 5801.
Sir C. RostnsoN said, the Court had ordered it to
stand over for further consideration, and in the interval
the Marshal hadapprased the vessel and found her to be
of the value of 560/. which was less than the amount of
the bond,.and as she was getting daily of less value, he
prayed that she might be sold, and the proceeds paid
into the hands of the Registrar.—Agreed to.

THZ MINERVA.
This was a cause of mariner's wages.
D. WILLIAM Armies, in opening the case, stated
that it was promoted by J. Dunn, a mariner, against the
master and owners of the vessel. The summary petition
was in the usual Porn, but contained some particulars
of so novel and important, and at the same time so
stringent a nature, that it would be necessary to open
them more largely than in ordinary cases. The cause,
as the Court would easily perceive, was one of consi-
derable interest to the owners of vessels, as well as to
their crews. The summary petition set forth that Dunn
had been hired in the month of July, 1821, to serve as
an able seaman on board the Minerva, at the wages of
21. per month for the voyage which she was then about
to undertake, and which was described to him to be
from the Port of London, in which the ship then lay,
"to New South Wales," (whither she had been engaged
by Government to carry a large number of convicts)
" and to India, and to return to a port in Europe ;" that
these were understood to be the conditions of the in-
tended voyage by all the men who were hired about the
same time with Dunn ; and that at such time the words
"to New South Wales and India, and to return to a
port in Europe" were plainly and legibly written in the
ship's articles, which had been signed by him and them ;
but that at a subsequent pm iod, it should seem there'
had been introduced after the word " India," the words
"or elsewhere: which latter were obscurely and indis-
tinctly written. The summary petition then recited,
that the Minerva proceeded to New South Wales ac-
cordiogly and landed the convicts ; and being in the ,
port of Sydney, Bell, the master, one day informed Dunn
and the rest of the mariners, that the "ship was about to
proceed in the first place not to India, but to New
Zealand and the South Seas for a cargo of timber, &e.
and that he accordingly gave orders for weighing the
anchor ; that the mariners objected to this course, as a
deviation from the voyage stipulated for in the articles
which they had severally signed ; but ultimately they
agreed to proceed, and did proceed in the ship to New
aland, at their former wages, although higher wages
are always allowed for voyages in those remote seas
that on their arrival at New Zealand, on the 14th of
Feb. 1822, sufficient timber could not be procured' for
lading; and the Minerva sailed, therefore, for Val-
paraiso, in South America, and arrived there in April
following; that at Valparaiso she took in a cargo of I
assorted merchandise ; and having touched at Lima,
ran for Otaheite, where she took in a small quantity of
other goods, and, returning to New South Wales for a
second time, on the 23d of October, 1822, completed
in that ct,lony a cargo for Calcutta. The Minerva got
up to Calcutta on the 4th of January, 1823; and at
Calcutta, her crew being dissatisfied with the great
length of the voyage, and the deviations Which had
been made from the course specified in the mariners
contract, refused to remain in her any longer, unless,,
she immediately returned to Europe. The remainder
of the summary petition was in the usual form, except
that it set out other grievances, such as the being de-
nied to go on shore, and so forth; it concluded by re-
presenting that the said J. Dunn, while on board of the
Minerva, did well and truly perform his duty ; and
was therefore entitled to the wages schedulate. The
claim was for 391. 12s. with an allowance, however, for
money received, stores, &c. to the amount of Si. or 91.
so that the balance due on the schedule was some-
thing upwards of MI. Oa this summary petition, three
witnesses had been examined. In reply to the petition, an
allegation that had been given in on behalf of the owners
stated, that iheir primary design was, that the vessel,
having been taken up by Government to carry con-
victs to New South Wales, should go from thence to
India for a cargo, and from India return to a port in,
Europe. (And tilts, the Learned Counsel observed, was
the way in which the intended voyage was understood
by the mariners themselves when they entered). Ths
allegation proceeded to state, that a discretion was
given to the Captain to proceed to any other port or
ports whatever, according to circumstances; that ever
since the opening of the ports in India and the South
Seas, it had been usual, in this trade, to give this kind
of discretionary power to masters, and in mariners' con-
tracts, after the word " India," to add the words " or
elsewhere." Now the Court must see that by this clause
ships would be left at liberty to proceed to any port or
ports, or number of ports whatever, until their return
to Europe. _ Such was the kind of plea which these
owners had ventured to give in.
Lord STowaLL.—" Was that plea opposed, when so

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11701r71!,7r7-7-7.--

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includeiribe vithole-61'their'etio which the Merv%
bad made ; from wherice they should argue. that here
had been desertion on the part of Dunn, and that that
desertion had worked the forfeiture of his wages.
The whole of the evidence was then read. The Cap-
tain seemed to impute disobedience of orders to Dunn
and others ; but Dunn produced strong testimony of a
very opposite kind; and at the close of the reading,
The COURT said it would take the argument on an•
other day.

a=ozaszlow
LORD MAYOR'S COURT, JANUARY 28.

TUB CHAMBERLAIN OE LONDON V. HAIM
This was an action brought against the defendant,
upon an Act of Common Council passed on the 15th of
April, 4th James I. to recover a penalty of 51. for car-
rying on a retail business in the City of London, with-
out being free.
'The defendant is a carpet ard rug-manufacturer, in
Cannon-street, and also describing himself in his bills
of parcels as keeping a general job-warehouse. He has
been several years in business, and has hitherto avoided
taking up his freedom, having from time to time set the
Inquest of the Ward (whose duty it is to return non-
freemen to the Court of Aldermen to be prosecuted) at
defiance. First, he alleged that he was exempt under
the statute of the 56th of Geo. 111. cap. 67, having
served his Majesty in the army. He, however, refused
to produce his discharge, and afterwards shifted his
ground, saying that he would avail himself of several
other good defences in any action the Chamberlain
might bring. Scme time ago, an action was brought to
try the power of those defences, but was abandoned
through the insufficiency of the proof of his selling by
retail. The Inquest of the Ward again returned the de-
fendant to the Court of Aldermen as a non-freeman, and
the Court having referred the matter to the Chamberlain,
to prosecute, he issued his summons, .pursuant to the
Act of Common Council passed on he 10th of May,
1821, to the defendant, to appear before him and shew
cause why he refused to take up his freedom. On the day
appointed, the defendant's servant attended, and stated
that his master was extremely ill, and could not attend,
personally. The defendant was then allowed two
months to take up his freedom, and his servant signed
the Chamberlain's book on his master's behalf, assent-
ing thereto. The two months, however, expired with-
out being noticed by the defendant, and then the Cham-
berlain directed the present action to be brought. The
proceedings, therefore, were carried on ex-officio, and
not at the instance of a common informer.
The above facts having been proved by witnesses,
Mr. BoLLAND submitted the following paragraph of
the Act of Common Council last alluded to, in answer
to the action;—" And it is hereby further enacted, or-
dained, and established, by the authority aforesaid,
that from and after the passing of this Act, no such ac-
tion or actions shall be sued, commenced, or prose-
cuted in the said Lord Mayor's Court, in the name of
the Chamberlain of this City, against any person or per-
sons, until such person or persons shall have been duly
summoned and heard before the said Chamberlain." The
Learned Counsel argued that this condition not being
complied with, there being no evidence to prove that
his client had been summoned and heard, the case must
fait to the ground.
For the plaintiff it was contended, that the appearance
of a person in behalf of the defendant was tantamount
to the hearing of the defendant himself. The question
was one of law, and not of fact.
The Court, however, submitted the case to the Jury,
leaving it.to them to decide whether the Act of Common
Council had been complied with.
The Jury, after a short consultation, returned a ver-
dict for the defendant.
This decision renders it. necessary to apply to the
Court of Common Council for an amendment of the
Act before any action can be brought against men who
retail goods without being free, as it is probable that
every person in such circumstances will avail himself of
this construction of the Act, the words of, which are ex-
traordinary, as it is not easy to be comprehended how
the neglect of a person summoned to appear should
have escaped the notice of the framers of the Act, and
that no provision is made for such an occurrence,

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Wllt* getrepaired •
. •liielit:tier bad ieleptaiiiiikagse,bet tbe •
Ithooner begged the Magistrate to •takette charge, se be wisitcd to ,
be punfsbed,•for the salvation of his soul, and ISSINM railletvillr
in a solitary cell for the remainder of his life. .e.,„kilaellpillt.. ;
—*rodeo his request, and remanded him.
11 1
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SPURIIIMi INTELLICTLNCS. ....--
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TROTTING MATCH'. -. . ,
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The Bantam mare (Mr. Holdsworth's) and Mr. It: Betetetidtr•
Frolic trotted the match of eight miles yesterday morning, oviiit ;
two miles of the Ashford and Staines road, for 200 sot.. 2,04 811104 i. I
carry eight stone each. Betting 5t04 on the hurrek. lacirdiA *RA r
ground as follows: M. & f
M. - S.
The mare two miles in 7 20 The horse two miles hi i 7 I ' 3114"
Siietind tare . 9 4 Second two . 0 34
Third . . $3O Third . .. 0 100
Fourth • . it 10 Fourth- - . . O 3 ItlV:-
32 4 39 Siff
It was an excellent race, and many hundreds were wan endive.'
upon the event. The mare broke into& gallop in tbeitmentit milsy.
or she would have won more easily.
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ABSTRACT OF THE RESULT OF COMMITNIEN2*-
TO THE LAST OLD BAILEY SItiSSIONS.
Conloieued. Acquitted.- .
£4
22 6 - •
EL 11
19 3 •
1S 9
_ 12 • 0
6 3
6 $
..--. ..---..:

e. - .0

Bow-street Office
filarlborough-street - -
liatton-garden - -
Worsbip-strcet, - -
Queen-square - - -
Nary-la-bonne - -
Thames - -
Coroners - -

City Magistrates

125
35

160-

47.
14
Gi•

Of the above cases-- The Recorder
Mr. Justice Holroyd tried 7 The Common Serjeant
Mr. Justice Gaoriee 9 Mr. Serjcant Arabin

51k4
7

The letters from Demerara, received yesterday, state
that Storey, the person who had been coiivictei of.
forgery, had received his sentence, which was 500 lashes'.
under the gallows, with the rope round his neck, and
seven years imprisonment with hard labour.
Married at Falmouth, on Sunday, the 24 instant,
THOMAS JONES to LOVEDAY RENVREE, both of that
place. Their united ages exceed 141 years; the bride-
groom has held the title of Mayor of Cape Firiscs for
upwards of thirty years.

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_
BIRTH.
Wednesday, in Portland-place, the Lady al Win. Curtis, Esq.
' a son.

MARRIED.
Thursday, Francis Frederick Rougesnont, Esq. of Dulwich, to
Marianne, youngest daughter of Alexander Glennie, Esq. of Great

James-street.
Wednesday, at Great Rainbam Church, Norfolk, Charles Loftus,.
Itsri. to Jane, youngest daughter of the late Colonel John Dixon,
formerly of Minium Hall, Norfolk; and Harley-street, Caren-

dish-squ'are.
Lest week, at Torpoint, the Rev. Mr. Johnston, to Miss Hamilton.•
Tuesday, at Wisborough-green, Sussex, the Rev. John Broad.
wood, to Charlotte, eldest daughter of John King, Esq. of- Lowe
wood, Sussex.

DIED.
Wednesday, at Leytnn, in Essex, Joseph Cotton, Esq. Deputy
Master of the Trinity-House, in his 79th year.
The 17th inst. at Fort Pitt, Chatham, Captain John Pollock, Skit

Regiment, aged 28 Years.
At Walston Manse, on the 16th current, in the 79:11 year of his
age, the Rev. P. 11follison.
Jan: 25, at her house in Park-street, aged 87, Mr'. Barrie
Begot, daughter of Sir Walter W. Begot, Bart. of 131otbfield,
ist
the county of Stafford.
Jan. 19, at Edinburgh, the Lady of Captain Wentyrs, of the
Scots Greys, of a daughter.

NEWGATE sae LEADENIIALI. MARKETS. Jaw. ea.
Beef 2s Id to 4s Od Veal ...... ... 3s 4J to Ss 4d.
Nation .. 3s Oil to 4s Otl I Pori' 3s 4.1 to Ss 44

PRICES or HAY /ND STRAW YESTERDAY.
IT. JAMS! $. WHITICIII ATV
Hay 31 34 Od to 51 Ss Od I Hay 31 5e to 51 55.04
Clover 31 151 Od to 51 Si Od Clover, 41 Os to 61 Os ad
Straw I.llls Sd to 21 Ss Od I Straw 21 Os to 21 4s Od

PRICE
NC* POCKETS. _
__

_
Kent 126 s to 160 s
Suuez
Rigel
Farnham, ne 200 s to 25

PRICE or TALLOW,
Town Tallow. Sos Od
Yellow Russia ..... 44s Od
White ditto ...... 40s Oil
Soap ditto
Meking Stuff

IF HOPS.

WNW NACU

Kent 1151 to 147
Sussex Ilits to I°t
Essex 11Ss to 155
I—Seconds, 1802 to 3006

SOAP, &c. per ilWb.
Ditto rough ....... Els Pd
Yellow Soap
Mottled ..
Curd
Graves l6s 04

11111. VOL
e &
O 0
O &
O 0
O 0
O 0

1 rift Right I
..ja- No/41m a
ztippoiattil-Maaiy for
News the Ist of Octet
till. Majesty% &sahib
des, th the teberal
"Odle, by the Memel
the morning, on the t
'Oa the Tth, kb, an
ilatorthete Actinides.
On the reth, 11 th,
Ilensats and Chaphilm
On the 17th and it

Pratt., and their At

After which, the L
Imaday in every /dent
Sind tie receive what 1
them an Affidavit as
the Forms of
heat this Office, date

send at the 04co of

ebe said Claeen it
•epsplij Anomie. for
duet similar Affidavit
Vine Officers are

Masted copies of sucl
And as, by Act of 1
Ilbjesty's Reign, enti
" and szpedidous
.41 to his Majesty's N.
said Act, " that if al

0 who shall be entitle
'"!o receive and be p
a deuce, he may appl
4adon, to have st
" Residence. Ste. in
And by a further A

jeurs Reign, enritW

" his Majesty's Navi
'" receive their Half-
'of the said itet, " t
" who shall be entitle
" count of bis Half
46 Exchange for the si

46 Navy, instead of
44 shall signify sack
4. Majesty's Navy ;
" Navy whe shall be
" os account of Half.
48 paid to him by Ex
" where Clerks for th
" instead, of receiving
" change, he is to appl,

" Offiste.in London, n
44 tog such his desire.'
Bat[-pay ending the 3

co the 7th of Februar
fur, or of hiving theii

above directed.
Maui Bills of Exc;
above recited, are not
No ms residissi a
pisilega V this Act.

IN THE MATTER
NOTICE is bet
Shillings and
Partnership Creditors
<III MONDAY, the 7th
between the Hours of
tween the boors of Te
THE CREDITO
quested to meet at t
street, on Tamar, tht
Afternoon, precisely,
*lmes commencing
necessary parties, for
on the Life of the late
Possesaun of and dal
Trustees; and also to
founding certain Debt
be stated to the Meeti
Assignees employing
and selling by Private
Bankrupts, under pal
to the Meeting, and of

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NUII4 BER

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