Star.
London, England, 1805-06-17 00:00:00

i

Mit ;It LOA-Bcir 6,17.277 E, :lune it.

MILITARY I'kUNIUMNS.
JUNE 11.
STAFF.

rrnlity CornnlM•v Gent!,* Henry Rohtnfoo to be
commai,try G..neral of Store*, Yrovitims, and forage to the
korco I.rvinit j.tuaka.
C.luimillions iv:the Lf•yal Carnarvon Mercantile Vo•
b•oteert, li?ned by the Lord Lieutenant. Dated
May ay, 180.5.
Edwarci (A:lsth Roberts, Gent. to }e Lieutenant the Secood
Company. vice Zaccbeus Jorce. Gent. refired.
Ro.,ort t.eir to he hatisti ta Thug. rice Edward Ortf-
la Raisers, Gent. proastted.

whs. orsica, just :5.
aft Regiment of Dragoon Goanle—aerjeant Major John t'aget
Sweny, frem the 4 It nragcon Guertii, to be Adjeta..t. with
the rank of Corn.t, vice Dowthwaite, who refieom the At.ju-
tantcy.
Ditto-e-Cornet George Morris, from the 34 Dragoons, to he
Lieutenant, without portlier, vice Nixon oppoioted to the tath
Light Dragoons.
6th Ditto—Comet Thomas William TAelor to he Lieutenant,
without purchafe ; Cornet letoMiss Hula. to be Ditto.
I ' Regiment of Dragoons--Lieuteuant Charles M. St. Paul, from
half pay of the ittla Light Drazoors, to be Lieutenant, with-
out purchafe.
6'h Ditto—Cornet Wiliiam Dowftn to be Lieutenant, wiltout
purchafe.
;to BeLiment of Light Dragoons—Centel Frederic; I.untley to
be Lieutenant, without purchafe, vice Earl Weldegrave, pro-
mated in the 30th Foot.
Fth Ditto—Nathariel Storey, Gent. to be Cornet, by purchafe,
vice Clarke, promoted.
anti: Ditto—ldectinant Lord William G.ll Somerfet to be Cap-
tain of a Tmop; by pur, hale, vie Tram ,who retires.
with Ditto—Licutaia:q Richard H. Bird to be Captain of a Troop,
by purchafe, vice Whin:, wbn tires; Lieutcpant john
from the ad Di ..gnoik Guards, be Licutetiaiit, without pur-
chafe; Cornet William Heydor robe Ditt',.
13th Ditto--Captain S. Ford Whittinehant. from the 25th Foot, to
be Captain of a "troop, vice Browne. who exchanges.
26th Ditto—Lieutenant Godfchall jahnfen, front the gth Light
Dragoons, to be Licatenaie, witouut purchafe, vice Hay,pro
tnoted.
27th Ditto—Bartholomew Thomas. (lent. to be Cornet, without
purchafe, vice Lawreofon. promoted.
IR p.egimeut of Foot Guard,--4 toner Grant, Gent. to be align,
I••• perchaft, vice Reeve, promoted.
Colilliream Ditto..-Carain William Henry Raikes, from the 66th
Foot, to be Lieutenant. vice Coiloye who exchanges.
4th Regiment of Foot —1 kit:chant Chrittopher Harcom, on bail
pay of the Regiment, to he Paymafter of the :d Battalion.
stli Ditto, feplino, Gent. to be Erfien, without purchafe,
vice Graves, appointed Paymailer of the ?A8:t0:440..
7th Ditto--Thornas Berkeley, Lig. to Le l'a)maller of the ad
Bat'alien, vice Staunton, who refigns.
9th Ditto--Enfigns John G. Hall, and Wiiiiam St. Clair to be
Lieutenants, without purchafe; John Gray, Gent. Lieutenant,
with temporary rank, on half-pay of the 52d Foot, to be Enfign,
vice Hall, and linfign M`Derrnot Rowe, from half pay of the
late Irifh Brigade, to be Enfign vice St. Clair.
10th Ditto—Captain Francis William Collett to be Major, by re-
chafe, vice Parkldll, promoted, and Enfign John Allen, from
the 37th Foot, to be Lituterart. without purchafe.
23tb Ditto—Lieutenant George Thornhill to be Captain of: Com-
pany, vice Bayard, deceafed, and Lieutenant Ri.,hard Butler
Handeock to.be Captain of a Compary, without purchafe, vice
Thornton, appointed to the isch Foot.
25th Ditto—George When, Gent. to be Enfign, by purchafe, vice
Caihell, who retires, and l'ryce Lockhart Gordon, Gent. to he
Pnlign, without poi-chafe, vice M'inees, prornoted in the 62d
Foot.
46th Ditto—lieutenant A' am G. Cam; hell, to be Captain of a
Company, without purchare, vice Gifford, promoted in the 87th
Foot.
48th Ditto—Captain William Browne, from the 13th Light Dra-
goons, to be Captain of a Company, vice Wbittiogbam, who
exchanges.
sgth Ditto--Serjeant Wiliiam Gillafpic to be Quarter-Mancr, vice
Stott, appointed Paymaticr.
30th Ditto—Lieutenant John Birchen to be Captain of a ColP-
pany, without purchafe, vice Rokertfon, promoted in the 35th
Foot.

vitt Ditto—Brevet Lieutenant Colonel William Spread to be
Lieutenant Colonel, without purdah:, and Brevet 81:Jor Win.
Stewart, to be Major, vice Si:mad. •
311th Ditto --- Ryan, Gent. to he Enfign, without porthole,
vice Raidey, whore' appointment ha. rot taken place ; George
stack. Gent. to he Enfign, without porthole, vice Perks, pro-
moted in Major-General Champagne's Regiment.
42d Ditto—Duncan Stewart, Gent. to be Enfign, without por-
thole, vice Ihnuilton, promoted.
47th Ditto—Enfign Richard A. Wolfe to he Lieutenant, by pur-
chafe, vice Harrifun, svho retires.
48th Ditto—William Gun, Gent. to be Frifign, without purchafe,
vice C roily, whole appointment has not taken place.
ltd liiro—Vl'illiam Jobnflonc, Gent. to be Enfign. without pm-
chair, vice Young, promoted, and Frederick ftel'islantara, Gent.
to be Enfign, without purchafe.
sad Ditto--Enfign W. H. Stephens, from tin: 6jd Foot, to be
• Lieutenant, by porthole. vice Parker, promoted.
• syth•Ditto--FMign G. F. Iddeur to Lieu teoant, without put-
chafe, vice Smith, who retiree: Fiditm George Kirby to he
Lieutenant, withemt porch ifc, vice Bourke, promoted in the
myth Foot; George M•Farlanc, Gent. to be Eniign, vice Kirby.
sSth Ditto—Arthur Williams, Gent, to be Enfign, by porthole,
. vice Wettrepp, promoted.
62d Ditte—Etifign ?Minors, from the t:th Foot, to be
Lieuttpant, without purchafe; Enfign Joleph Wood to be Lieu-
tena-it, without purchafc.viceSitickir IlumptuTys, who retires.
63d Ditto—Lieutenant William Botall to be Captain of a Com-
pany, by purchafe, vice Manly, who retires; Lieutenant Tito.
MU i.e Breton, front half.pay of the 4cth Foot, to be l.ieute
nant, vice BasalL
66th Ditto—Captain Matthew R. Ot,flow, from the Coliftreatra li
Guards, to be Captaiu a a Compai.y, vice Roles, who ex-
„changes.
tR Ditto—Enfign Lewis Grant to be Lieutenant, wit:tont por-
thole, vice Ptak, who retires; Dominick Ferhe, Gent, to be
Filign, by purchafe, vice Grant.
yllth Ditto—Lieutenant Ceti-go Sheldon, from the aft Garrifon
Battalion, to be Captain of a CoMpany, without purchafe, vice
Dichenfon, appointed to the stith loat.
79th Diuo—Ariftant-Surgeon David Wend, from half-pay of the
4th loot, to be Afilitent Surgeon, vice M'Gillivray, who ex-
changes.
82d Dlttc--Serjeant-M; i,r Richard I.e Royd to be Adjumot,
with the rank of Enfign, vice Pytni, promoted.
84th Din o--Lieutenaat Samuel Wri.itt to be Carton) of a Com-
pany, by purchafe, vice A::.lrems, who retires.
Bt:itb Ititto--Martin Ilihhotfc, Gent. to be Entign, by porthole,
vice Jacobs, promoted.
Syth Ditto—Captain Francis M. Miller to be M:ijor, by purchafe,
vice I tall, who retires; Lieutenant Henry Browne to be Cep•
taiti 01 a Company, without purchafe
89th Ditto--Major Jofeph Merrifon, from half-pay of the syth
• , Fcot. to hc'Major, vice Le Mehiricr, who a:chair:l.
90th Dittr—Lieutenant Arthur Bowen, from the I:th Font, to
Captain of a Company, without purchafe.
31 Ditto—Lieutenant Dugald Campbell to be Crptain of a Com-
pany, without porch:Se, vice Frafcr, appointed to the sth Ve-
teran Battalion ; Serjeam.Major James Stephens to be Enfign,
without purchafe,vice M•Pherfon, promoted ; QLtarter•Mafter
.---- Maclean, from half pay of the late lath Garr:fon Bat-
- t lion, to be quarter-Matter, vice Wilkie, ciccearcd.
93111 Ditto---Lieutenant Charles Beckwith, from the scth Foot,
to be lira Lieutenant, without purchafe.
th Ditto—Lieutenant-Colonel Gcorge Mrillo; Leatbu, from
halt pay of tilt York (dollars, to be lieutenant-Coloncl, vice
Wardrobe, who exchanges.
s yth Ditto-.-Enfign Maurice de Courcy to be Lieutenant, vice
Montagu, foperfeded. Robert Way, Gent. to belinfign,lvite Ee
Courcy.
99th Ditto—Enfign Jafrpb Payee, front half-pay of the itth Toot,
tope Lelign, vice Blair, who ,xchAnL;,.; fillip) T. Herring,
from the grit% County Niihtia, to be Adjutant, with the
monk of Fithgo, vice Blair, who rehgns.
' dd Welt lucia Regiment—Major Sir (temp Leith, Bart. from the
tnh foot, to be Lieutenant Coh..tiel, without put chafe.
3d 10itt,,,--john Poiton, Gent:to be Totign, without porthole.
vice Jennings,to faperftled,h:.vingabfented bimf. if without
Leave, when .in toe pi- int of nub triting to join hi<lltegim,nt.
nth a.ittte...(i‘ortc Gordon, Gen:, to be Bawl, vice Led, to be

fuperfrded, baying '.l-..f:ftlted hitt:fell, without 'Leave, vrheitgpt
the point of erni,arkinr to join his Prgintent; Ant!rra Barite,
Cert. to tit. Erdign,l.y purch:ll.:, vice Corner, promme.l.
sth 'ltto—Captain John Cattle to be Major, without purehaftt.
vice Strike, ptvimot, d ; ti-utLnAt Richard I'. Burnett to be
Captain of a Company, vice Celle.
ad G:rrlfon Battalion— - Wright, Gent. to be Fefizi„ Age
I.eronni. promoted in the 45th Foot ; William Itubtrta, ifq. to
be Payinalter.
Rneal Veteran Buttalion—:Major John Grant, from the gtfi
Veteran battalion, to be Major, vice Writ, who exchang.a.
tth Dittl—Captain John M•lhitntll, from the soh Veteran Bat-
talion, to hr Captain of a Company, vice SutherLaud, appointed
to the yth Vetirmi Battalion.
_ _

7th Ditro:—Ciptalli L. Lconord K. Willard. from the Bth Veteran
Batt lion, to be C.l•tain of a Company, Vice Brown, placed on
the retired lift; .Mojr.r Wiili ini Weft, from :he 3d Veteran
battalion. to be Major, vice Grant, who exchanges.
. .

•
9th Ditto.—Laptaie William Friths. front the 9id -Fant, to be I
Saptalu of a Company. vice M'llonneU, appointed to the 6th...

• VCtaall Battaiion.•

GARRISON.

LieuteDant-Colonel Alevatxler Loraine, or the 91R Font, to be
Lleputy-Governor of South• Sea Cattle, vice Smelt, appoaited
Lieutenant-Governor of the ;fie of Man.

STAFF.

William Arniftrong, Efq. late Major of the I.nrgford Militia, to
be an Infpeding Field Officer ofillfeunianri aral Volur.teer
Colvin Ireland. with temporary rack of IdeutangneaCulonci
the Army, eke Lord ktriffaanre, who rekils.
HOSPITAL s

Harpies! Mate W IT FOX tub.. Apothecary to the Forces.
London and Wearninner Light Hibrie Volunteers.
Captain Woo:Jane arid to be Major, vice Stacey, who reigns;
Lieutenant Edward Yank to be Captain, vice Parbb; Thomas
Lzsghton, Gent: to be Lkutenant, vice Vault.
3d Regiment of Royal EAU India Voluinteerfu.
Licata-it G-07,7e l'nztet tribe Captain, vice Steele, who refirns.
'fa be. Lieutchatat--Enfign John Futter, vice %V. Savory, who
rcligns; Etifign Henry lludvetil, vice Potter; Enfign Joreph
Lufen. vice Lutyena.
To be Enf.gns--Thomas Reflies, Cent. vice Foier; Peter Con.
tench), ne. vice I )odevell ; Inward Rode, .Gent. vice Lhfon ;
Robtrt i 3. land. GLne.vice Reifies, who refight.
Ic;LNIORAUTWAI.

Parnafter James NOW' old. of the 4th Battalion inf the both
Foot, is difmifTed the Service b•r embezzling the public money,
and applying it to the Payment of
Comtbilfion in the A..tiliire Ritle Battalion, figned
by the Vice Lieutenant.
- - -

Al.xaneer Mart:mit, Certlernan, to he Quarter-Mafter, vice Da-
vid Craig, t cligned. Dated June t, tBos.
Commitfions in the Bei kliiire tliilitia, figned by the
Lnrci Lieutenant.

Honouraide Richard Dee'll'.e to be Deputy lieutenant. Thornai
to be ditto. Dated Deauber 20,1804.
fo be Captaina—Hezry VaLfittart, Efq. Dared Sept. 11,1804.
Gcorye Tmais Sturkes, EN. Dated F‘h. 73, 123 i.
Lionel Charles Hervey, bfq. Dated April S. 1805.
JAn Sturges, EN. Dated Junes. 1805.
rhomas Forreft, Erg. Dated June 6. L 80(.
To be Lieutenants—• Thomas Forrett,Gent. Dated March 7,1804
Henry Vanfittart, Gent. Dated April 14,1304.
Join Grii,ble, Cint. Dated Aprills,lBo4.
co be Enfigu—William SLede,Gent. Dated January 1, 1805.
Commiflions figr.ed by the Lord I.leutenant of the
County at 131rks.—lleynhurll Volunteers.
William Ncweil, Cent. tube Enlign. Dated reb.as, atu.
ilttoget ford Vclunteers.
Robert Coxhead, Gent. to he Eufign. Dated March 14, 1805.
John Brown. Gent. to he d:tto• Dated March 15,1805.
White Hnrle Volunteer Infantry. •
Peolin Barrett,l:6l. to be Captain. Doted May 17,1805.
F.ttriogdon, &c. Volunteers.
John Mayow, Gent. to be Enfir. Dated May 23, 1803.
Clewer Volunteers.

J,mea Ramlbottom, Lig. to be Captain. Dated May act, IleS•
Thomas B.tverftoek. Gent. to be Lieutenant. Dated June 4, iSos.
Wink field Volunteers.

Jobn Dolby, Gent. to be Second I.leutenast. Dated May 19.I8oS•
11l Reading Volunteers.
:Wings, Gent. to he Enllgn. Dated May 30, 1305.
John Shackle, Gent. to be ditto. Dated May 21,
BANKRUPTCY SUPERSEDIID.
William Dann, of Giliingtam. Kent, banker.
Bryan Bentham, of Sheernas, Kent, banker.
James Baikie, of Chatbam,Kent, banker.

BANKRUPTS.
Samuel Cartwright, of Maiden-lane, Wood•ilreet, London, holler,
dealer and charman, to furecnder June 28, at. and July 27, at
one, at Guildhall. Attorney, Mr.'Thomas Wild, Cattle fircet,
Fakon-limare.
David Devonfldre, of Old Rrea, Gorwell street-Road, Middle-ex,

jeweller, dealer ai...l.Napinan, June 22,29, and July 27,at twelve,
at Guildhall. Attorney, Mr. George Atkinlon, Caftle-ilreet,
Falcon .fquare.
Edward Marlton. now or late of Utteteter, Staffordibire, cork-
cutter, dealer and (barman, June 28, at fix, June 29, at ten, and
July 27, at twelve, at the Three Queens, Burton-upon-Trent.--.
Attorney, Mr Ofinirne, Burtun-upon Trent.
Horn Cilee, of Canterbury, grazier, dealer and ekapman, June 19,
29, and July 27, at eleven, at Guildhall, London. Attornies,
Meifrs. Netherfole and Portal, Effez-hreet, Strand. London.
Sohn Brewer, of Eifel- fireet, Strand, Middlefex, taylor, dealer
and ehapman June 18, 29, and July 27, at ten, at POlitbeil ••••••
Attomies, Mary Evitt and Rixon, Haydon•rquare, Minorite.
Henry Hayward, of Racal:vim' in rile ide of Thanet. Kent, but-
cher, June 18, 29, at one, and July 27, at twelve, at Guildhall,
London. Attorne;, Mr. H. K. Swinford, No. 16, Mitre-court
Buildings, Temple.
Thomas Bdwiek and George Redfern, now or Lte of Qi.2arnford,
St.dfordfhlre, dealers, chapmen, and partnere, June 20, 27, and
July 27, at eleven, at th • Old Angel Inn, Macclesfield, Chethire.
Attemies, Mere Chilew and Stone, Macclesfield.
George Shepherd, of Suchor.; ftreet, Clare-Market, 1/11dleftx,
wine and brandy-merchant, J-iie 28, 29, and July 27, at ten, at
Guildhall. Attorney, Mr. Elltob, Caltaritiz -court, Trinity-
fquare.
John Lewis, of Cardigan, Cardiganflii re, mercer, draper. dealer and
chapman, July 4,5, at :be Beaumont's Arms Inn, Kirkheaton,
Yorkthite, and July 27, at the Role and Crown Inn, Hudderf.
field, I'or:retire at eleven. Attornics, Mr. Bettye, No. 20,
Charcery-lane, London t or Mr. Jolhna Crofland, Huddersfield.
Benjamin Mendes Da Cofta, of Bury-ftreet, St. Mary Axe, Lou-
don,and Green !freer, Lnfield Highway, Middlefes, dealer and
chaporn, June as, July 9, and 27, at one, at Guildhall. Attor-
vies, Merry winett and Annefley, Finfbury-fiatsrre. l.ondon.
Richard Mattliev.-s, of Aberyltwirh, Canaganfhire., and Thomas
Jones, of the :came place, merchants sad partners. June 27, July
13, and 27, at ten. at the Ivy Bulb Inn, Spilman !freer., Caniner-
then. Attorney, Mr. 'erbert Lloyd, Carman:igen.
Thomas Hefter, late of New-crofe, parilb of St. Paul, Dentrntd.l
burrey, carpenter, dealer and chapman. June 18, 25, Bud July
27, at eleven, at Attorney, Mr. Dawns, I..nrie:ta-
ft.ieet, Covent•Gardeu, London.
Edward Way, of Henrietta-Klett, Cavendifh.feitiare, Middlefez,
wine-merchant, June 22, 29, and July 27, at ten, at Guildhall.
Attorney, Mr. Parry, Great Mary la-Bone-fired. * .
PARTNERSHIPS DISSOLVI.D.
John Reminington and William Browning Smith, of Barton-
End, Hot they, Glouceftcrfhire, clothiers, 11/41,ty 31,
Wilmore.and Thomas Dalton, of I irmingham, War-
fadtirs, May 30, 1803.
Jothua Gregory, Henry Lobeen the younger. idol Barlow,
and James Chambers, raft iroufeunders, of Sheffield, Yortioire,
June Is, 1803.
llamas Sub's; and Chriftopher Sabin, of Marlhfield, Gloucef-
terfliire, matchers, June a, 1805.
William Haywood, John Chamberlain, and John Shelton, of.
Birmingham, Warwiclilliire, timber merchants, May 9., 1823.
Edward Thon p,nn and John Gilder, jun. of Kingfton-upon-
Hull, June It, 1803.
Sranuel Needham and JoEfph Lowe, of Spread Eagle-court.
Finch.lani, April 30, 2803.
John Thomas and Robert White, wine and brandy merchants,
No. 34, Walbruok, Loudon, April 30, 1805.
DIVIDENDS.
June 26. Thomas Wilkinfon, new or late of Gritntnefearefoot in

Haley, uvrifb. of tialirax, Vorkfaire, nu:ream, dealer and chap-
n-.an, at tcu, at the White Swau-Inn, I nedenlie:tl.
June 27. hi:: y Tagr, I..te of Br.:ll,s,,ntcrf, quire, widow, grocer,
tet elLven, at t!-.e. Litottceitcr lan, Vii.lcot, Lath.
June 26. Rob, r r l‘'altcrs Harp( r. i:.!...of'Sutton, in the parigh' e
ch.aler at d t i.0.ern.,:4, at tin. Witte Bear,'

LAY rmurcsivii:

COURT OF KING'S BENCH, JAWRYA
'CRAttas PAWL V. THN HON. 11.10111811-0•1 /LNM•'

WING.

The Plaintiff was harpooner on board the Green- /
with Whaler ; the Defendant is Captain of the fri-
gate Egyptienne. Mr. ERSKINE, on the part of the
latter. made aprlication to pollpont this trial, under
an affidavit, &poling to the inapoffibility of finding
the witnefs, Lieutenant Conelly; but by a fingulu
coincidence, his name being mentioned loudly in
Court, he prefented himfelf at the bar. The caufe
then commenced before the Special Jury appointed
for its decillim.
Mr. Gaaaow laid, the Officer from whom his
ell!nt now fought a compenfation in damages, was
known to the whole cram!). ; but whatever might
be his general merits, the ohfcure individual for
whom he (the Learned Counfel) now appeared, had
not exhibited lets courage for the proteCtion and
glory of his country. He had boarded a French Chip
in a dangerous exploit, which he was appointed to
fuperintend, when he received a wound in the plain,
which he concealed, until, exhanfied with aptly, he
fell into the arms of the companions of his triumph.
The wifdom of the Britith Legiflature, fur the pun
pores of commerce. tinder feveral Aias of Parlia-
ment (an Gen 111. 28 Geo. 111. 35 Cm III.) had
granted exemptions from the import's to perfons cm-
',toyed in the Whale Fiffiery. The Plaintiff was re-
turning from a long voyage in the imrneaforable wa-
ters of the Pacific, when an Officer of Imprefs
boarded his (hip (the Greenwich), and hurried him,
and two of his companions, on board the Egyptienne,
commanded by this Defendant. It was in vain that
they (hewed their proteCtions to the Defendant; be
laid he wanted men, and men he would have. The two
meffmates of the Plaintiff finding it impoffible to
efcape, to rife a strange perverfion of language, en-
tered as volunteers ; hut the Plaintiff perlifted in
affetting his rights. Soon afterwards a Bailiff came
on board the Egyptienne, for a lona fide debt, and
arreiled the Plaintiff; on which the Lieutenant, who
was then on board En command, was conitrained to
refign him, that he might anfwer the claims of the
law. When • lie Defendant was made acquainted
with this circumilance., he haftened to the fptinging
hoar, ilifehlrgtd the debt and colts, and the man
was again hrcught on board the veffel, under an ef-
tort of marine.. On his arrival on deck, be was
inflantly put in irrts, in which (late he continued for
three days; at the end of that term he was fattened
to the cal:1113n, and received three dozen lathes with
the cat; under the orders, and in the pretence of the
Defendant ; who, not contenti.d oith this leverity,
fent the unfortunate piston nn board the Fairy Hoop,
commanded by Lord William Fitzroy, defined to
the Wen Indies :-fete the .Lararned Couplet had
ferious reafon to complain, for the objet teemed to
be to prevent the PlAntiff from obtarkiog redrefs
from tl,e humane intihutions of public last ; but,
whatever was the defign, the effect was, that in a
dangerous climate to which he was expofeei, he W-
iens: two attacks of the yellow fever, and it teemed
to be only by the miraculous interpofition of Panvt
DEN cE that he was now aisle to demand jultice from
the hands of a Briti(h Jury. •
Mr. Mathew Miller, from the Cuttom-houfe, ex-
hibited the mutter-roll of the (hip Greenwich, by
which it appeared that the Defendant was a har-
pooner on board that veffel.
Mr. Charles Sayers, a Clerk of the Admiralty,
produced the hook of entry, by which the exemption
of the Plaintiff was certified.

William Tonne, a feaman, meffmate of the Plain-
tiff, gave evidence to his being confined for three
days by a long bolt, with fharkles, on the deck. The
witnefs added, they beat the divifion (affembled the
crew), after which he was tied up, and received three
dozen lathes at the eapltin.
James Warren, who affifted in the !tugging, con-
firmed thefe particulars,
Lord William Fitzroy (from the Bench)—" My
Lord, I am called upon to give evidence, but heroic
I do fn, I think it right to mention, that I have
come fibm Plymouth at a conGderable charge, and
my expences harinot been tendered me; my thip is
ready to fail, and may depart before 1 return."
Lord ELLENEOROUCH.—" The Court will inforce
what is .right in this refpeel."
Lord William Fitzroy then depared to the Plain.'
tiff had been fent on board his Chip, not by the
Defendant, but under an order from Admiral Mon-
tague, dated from the Admiralty. The Plaintiff be-
haved well, and before his Lnrdfhip's return from
the Weft Indies, the man was promoted and remov
ed to the Hercule; the flag (hip under Admiral Sir
John Duckworth.
Mr. ERSKINE laid, t'w fulit& of the complaint'
arofe at the beginning ails, prefint war, when the
fecurity of the (late in a great degree de; ended on
the aaivity and fpirit of our naval officers. In this
lunation, all proteaions were withdrawn not autho-
riled by the Statutes : the Defendant, a very young
man, did not make the dittinetion between* protec-
tinns of office, and ender the. flimsies, and in his zeal
for the fervice committed this offence. He bating
then flepped beyond the limits prefcrihed
could have no jorifliaion whatever over the Plain-
tiff, and the imprels, as well as the put.ithment, .be-
omit illegal. The Jury would deter mine on Arch
damages as would meet the cafe under dick petal'
ar circumitances:
Lord ELLENBORAUGM having fummei tip the
evidence, the Jury withdrew, and, in leis than an
hour, returned with a verdi& for the Plaintiff—Da.
wages veil. '
aatt.sv, TRITTON, AMOCO. V. 301111RECECOR AND.#9ll‘
The Plaintiffs arc Bankers in London, the Defen--
pants are in the fame Wines at Exeter. This action
was for the value of a trill of exchange of zoo!. dated.
the 3d of Septentlier,,tflos. and ladorfed by the De-
fendants.
The Scit.terrnit Gatiaaat {aid, this bill came in-
termediately into the hands of the Plaintiffs; they
having rcrizived it from the ho !e of Sir John Duntze,
Saunders, and Co. with whonitrelley were conneeted.
It was refufed payment on the Saturday in London,
and, in confequenee of the cu(lom of the Plaintiffs to
write'enly quit tfhicx tirsqii, was not returned
to Exeter until, this Tuersliy- following,: In that, bs
the law of bills Of exchange; the Plaintiffs,. as bold-
est, could have an tdaillO-An' the -Defendants; as in
doifets, if the latteetailikt waved. their right on ac-
count orgia ladel. - •

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Evident e was then produced to this water, uhith
was again refilled on the part of the Defendants by
Mr. Gattow ; who, on the teßimcny of ! dward
Wilcox, one of the lons of the Defendants, endeavour-
ed to (hew there was no filch waver. The Learned
Counfd alio at gued on the improbability, that an emi-
nent baMting horde at Exeter, itould be fir ignorant
of their rights, and fo negligent of their intet ells, ps
the reafoning on the pats. of 11 e Plaintiffs neer:lLn ily
Cupp:if-ed.
Lord heetuttneouctr'faid, the ~hole depended
open the queitior, whether the Defendants had
waved their right in cm-Sequence of the emiflion of
the Plaintiffs immediately to commitoLnte the n -n-
-payment of the bill and his Lordlhip added, that it
would be ken, h: hoped, by the daily proceedings in
our Courts, that this pratltice of Bankers, of pet
cal communication with their correfi;ondenb, witliont
regard to the time when the diflionour of their biil,
accrued, was deli:naive to their intetells.—Verdir•
for the Plaintiffs, soot.