Star.
London, England, 1812-02-21 00:00:00

into consideration the relative• situation of the Cep.]
tain,in respect of his crew. There were eleven in-1
valid idle soldiers on board, without any mittr officer
than the defendant to command them ; and he sug-
gested the necessity there existed, in this particular
case, of the Captain's having a supreme command on
board
shis ship, and of maintaining its good order.—
Had the example of the plaintiff, in refusing to do
his duty, been overlooked, he would ask, what might
have been its baneful influence upon the rest of the
crew ? He left them, however, to say, under all the
circumstances of the case, what damages they would
give to a person of the plaintiff's decrtptiort.
The Jury, after a retirement of two hours and a
:half, found a verdict for the plaintiff—Damages R 5.

arr BUSINNS.

YesteriLy a Court of Common Council was held
at Guildhall.
'Vhe Committee for General Purptnes presented a
Report relative to rebuilding the Rate-coach. On
the part of the advocates for a new Coach, it was
urged that the old one was in such a ricketty state it
could not, with safety, turn at cert tin corners of the
streets ; that it was become necessary fa a man to
walk along each side to keep the doors shut ; and
that it would be less expensive to buy a new Coach,
than be expending large sums annually in repairing
the old ; and, lastly, that a new Coach could he had
for about £5OOO, whereas the old one, which was
made in 1762, cost a stun of £7,500. _ _

It Way finally referred to the Committee to obtain
estimates accordingly, and lay the same befor4 the
Court for further consideration.
The Coal and Corn Committee presented a Report
recommending the appointment of certain gentlemen
to be Coal and Corn Meters, in trust for the city for
four years, in case they should so long continuo
Members of that Court, when they were appointed
accordingly as follows;
To be Coal Meters—Mr. 7:achary Langton, Mr.
Richard Dixon, Mr. Robert Kirby, and Mr. Edward
White : and Mr. John BickerstafT, to be a Corn
Meter.

The election of Mr. Waithman to the office of one
of the Governors of Cliribt's Hospital, was received
and confirmed.

The sum of £:3000 w.is unanimously voted to the
Treasurcr of Bride well and Bethlehem Hospitals, as
the gift of the Court towards building a new Hospital
for the reception of lunatics in St. Ocorge's.ticld,

' The following is a return of the effective areagth
of the Regular and Militia Forces on the '2.lth of
December, 1811, laid before the Howe of Commons
on the 11th instant:
Cavalry.—British, at borne, 12,050—Abroad, 11,719—Futeista
and Cutoniat, a home, 186 I—Abroad, 2134,
Foot Guardx.—At home, 3748—Abroad, 3130.
infant ry.—Britikh , a. home, 43,101—Abroad, 99,735.—Foreigh
and Colonial, at borne, 2745—Abroad, 36,3110.
Alilni.i —77,139.
General Total—At blKte, 143,068—Abroad, 153,040—Tutal
296,104.

.•
• . ItrituaGEATE.
. .
COURT OF RIIIG'S BENCH, FEBRUARY 22,1822.
THE KING V. THE CORPOWATION OF SC:AMUR/MID
In last Michaelmas Term, the Attorney General
moved for and obtained a Rule to shew cause, why a
mandamus should nor isebe to this Corporation, com-
manding them to rater to the rights of a capital bur-
gess John Fox, gentleman, against whom the Attor-
ney General then said they had proceeded Irevi mans,
that Mr. Fox had been summenchl to attend a meet-
ing, which he herd been prevented from doing by in.
disposition ; and that then he was immediately eta-
,. franchiled for not attending, and no other cause. Vide
STAR of 25th Nov. 1811.
MessrsePA Tome°, Bunnonou, and HOLROVD,
en the part of the Corporation, now sheaved cause
against the rule. The affidavits of the Senior Bailiff,
and several of the principal members of the Corpo-
ration, totally denied the material pointstdledged en
the behalf of Mr. Fox. They stated, that by the char-
ter of King Edward 111. in the year 1356, and con-
firmed last of all by King Charles I. in 1633, it was
directed that " S 6 Common Council Men, r r Capital
Betgesses, should, together with said officers,*beelected
and sworn IN EACH ANT) EVERY YEAR, CO Consult With
and support the Bailiffs in their office for the doing of
right and justice."—That the invariant usage from
the-earliest time in which records could be traced,
had been to elect the said 3(i Common Council Men,
. ex Capital Burgesses, for no further or longer term than
the current year, and eurnerous instances occurred
wherein persons chosen fer the preceding year had not
been elected again for the !warding year. That the per:
sons, as et ell when first elected, as wlien re-elected,
are annually swern into office, take the sacrament at
the Established Church agteeahly to the Corporation
and Test Acts. That Mr. Fox had been elected in
three several and seccessive years, the last of which
ended on the Ist Nov. 1810. That Mr.. Fox was duly
• Summoned w ith others to attend she Town. !len on
that duy, being the day appointed for the annual elec-
,
tion for the current year, but that he did not think
proper sn to do—that the name of Mr. Fox was cell-
ed over in the usual manner, and proposed to be re-
elected ; but the electors were unanimous in voting
against him, and no vote was given r him—that
Mr. Robert Morffitt, a freeman or common burgess,
was then proposed, and %vas by the said electors un-
aninrously chosen in, and immediately sworn into the
office cf. Cc moron Council Man or Capital Burgess.
for the current year, agreeably to ancient usage.—
That the electors having legally a free and unrestrain-
ed cheice as above stated, did not re. glect Mr. Fox to be
eft andizroter tenon to he one of the Common Council
et Capital Burgesses of the said Corporation.
; MT. RICH A RDSON, the junior Counsel for Mr. Fox,
(the Attorney General not being (resent in Court,)
allayed that the affidavit of the Corporation afforded
so clear and complete an answer as to render it un-
necessary to attempt supporting the Rule for the
Mandamus. The Counsel for the Corporation said,
they should not press for costs, and the Court then
discharged the Rule.
FED. 420.--• THE KING T. ME B EON VON DOORXICK.
Mr. Fetter; stated, that this was an indictmentl
against the Baron, for a most abominable nuisance'
he had set up in the fields, behind Whitechapel. lie
had literally stunk out his neighbours, by boiling
bones, and colletting a compound of all villainous
smells e the putrid carcases ef dead horses, stinking
horns and hoofs, sal volatile and soap lees, were all
ctugregated, each in its highest pitch of perfection,
were all collected, to the utter destruction of the com-
forts' of the neighbourhood. He was in a erudition
to call multitudes•of witnesses to shoe that even the
passengers who came within the effluvia of the fac-
tory
immediately unloaded the contents of their sto-
machs; and some workmen in a house near, were li-
terally driven away from their work, unable to stand
the shock of such a mass of putrefaction. He had
also a specimen of sc me of the liquid, w hich he would
uncork, to convince the Court and .Inry that he was
not overstating the thing.—(The Jury shod their.
kradt.)—He said, then he would not assail their'
lir.ScS, but he %valid give them ample evidence of the
dreadful nuisance of the Baron'emenufectory.
Mr. ATTOItN EY-GENERAL here interposed, and. ad-
mitted the manufactory had not &wet so well con-
ducted as it might have been, budfrdenised that in
future the business should be so nifinaged as not to
offend the neighbourhood, and offered to bind his
client by a rule of Court, to conduct his factory in a
mode to be prescribed by a skillul person, to be
named between them.
Mr. PARKE consented, • but said he must -take a
verdict of Guilty, which was, after some observations,
agreed to, and the defendant was accordingly flund
Guilty, subject to the above agreement.
COURT OF COMMON PLEAS, FEB.
LYNCH.
This Was an action to recover damages for an as-
sault. The Plaintiff was an invalid private of the 67th
regiment, and the defendant Captain cf the }Janina
ast-Indiarnan. On the 15th of March, 1810, the
plaintiff and nine or ten other•invalids were put on
board the tlefendant's ship, at Calcutta, for the pur-
pose of coming to Europe. On the 23d of March,
tare defendant told the plaintiff and his comrades that
they must do the duty of watch on board the ship,
and render themselves useful. The plaintiff alone
refused, and Lid, that if he was fit to do duty on ship-
board, he Was equally so on shore, as a soldier ; but
he was not able, and positively refused; upon which
the defendant ordered him to have a round dozen.—
The plaintiff, on his return to Europe, brought his
a. Con.
It appeared,. on the cross-examination of the wit-
vesses, that there was no officer on board who had
tlae command of the invalids ; and that, when the
riveter came home, he received from the defendant
£2 for his services during the voyage.
Mr. Serjeant SHEPHERD contended, that the plain-
tiff had acted very properly, inasmuch as he had
evinced an anxious desire to preserve the health of
• the men, by compelling them to perform such duty
as their state of health enabled them. He left the
Jury to consider the question of damages, acknow-
ledging that his client must have a verdict against
him.
Sir J. MANSFIELD told the Jury, that the defendant
had committed an illegal assault upon the plaintiff e
but in estimating (deer- damages, they would take
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• •