Star.
London, England, 1804-07-16 00:00:00

mate hoifted his jacket upon a branch, which he'
cut frnni the parent tree ; the fignal was uoderftood,
And there wanderers confided themfetves to the fa-
vAges. In the fequel they approached a fchooner,
by the mafter of which they were humanely receiv-
' ed, and afttr a (cries of difficuhie•, againl which
nature feems incompetent to ftruggle, they arrived

fate in this rounti y. •
EllaKlNts Gists. and Gies, produced
teftimony to depofe to the whole courfe of the voy-
age. The condition of the policy was, that the
Mercury might take any vetfel of an enemy that was
immediately in her comae. but pofitive
ynflrti ions
NVCIC given to Captain Home, that he (honld not
abandon his eourfe to make any capture, and that he
thoald not cruixe for any filch purpofe. The
Learned Counfel contended he had not quitted his
direßion, excepting half a point of the compafs,
dif-
covered from the lee bow, and that only for one
trader of an hour, in a voyage of fix thoufand
miles, and engaging a portion of time of the dura-
tion of fix months. •
[The relult of this cattle will Thew how impor-
tant it is to the allured, that no deviation from the
ezprefs terms of the policy fhoold he permitted.]
•MelTrs. Gaatow and Scatter thought it wholly
unneceffary to call any witneffes. A deviation had
been proved by the evidence of the Plaintiff., and
I the law was perfealy known, that any deviation
would vacate the policy. if it were at all material,
they faid they could thew a much more striking and
continued deviation, but under the prefent circuits-
Races, it was not at ali incumbent upon them to
protrait the caufe.
Lord ELLIIIPOROUG it told the jury, that tanquef-
tionably under this polic the latitude allowed to this
thip was very great ; (he had a right to carry guns
for Pelf defence, either with or without Letter of
Marque, and to ufe them too for that purpofe, and
the people of this country had often thought that of-
fenfive operation was the bell defence; but the great
ale of Letter of Marque was, that the might be re-
fpefted by foreign nations, and not treated as a O-
rate, if, en defending herfelf, (be might happen to
take the (hip that attacked her, but as this voyage
here underwritten was a commercial adventure, the
had a right to ufe her force only for her own defence,
or to take an enemy that came directly and immedi-
lately in her way l • the had no right to cruise, or to
'deviate in the kip degree from her voyage; if hie
did, it was a deviation which difeharged the policy,
if it could be done for be/f a point, it might be done
for a point ; if for a quarter of an hour, it might be
elone for a whole hour or a whole day ; and, there-
fore, it moll not be allowed at all. It was not ne-
eeffary that the deviation (hould vary the rifque of
the voyage, it was fufficient that it was a deviation
to difcharge the underwriter. It had been held that
a Captain petting into a port to get hands neeeffary
to navigate the (hip was a deviation, although the
voyage was thereby fo far from being impeded that it
was improved, for it was the Captain's duty to have
bad a fufficient crew at firh. Here it appeared that
ithe (hip went half a point out of her track, and she.
proceeded on her voyage, and, therefore that, how-
ever minute, was in (Friends a deviation. It could
not be baratry in the Captain, becaufe he was part
IlOwner, and baratry confifted in the Captain, ailing
for himfelf, contrary to the direeion of his Owner,
which could not apply to a cafe where the Captain
was a part Owner. Upon thefe grounds his Lordthip
was of opinion that there was a deviation in this cafe,
which made the policy void, and the Defendant wits
entitled to a verda—Verdia for Defendant.

TWOS. WALPOLI O. DR. EDW. 114111CROVT.
The Plaintiff is a Banker in the firm of Walpole,
Clark and Co. and executor of the late Hon. Thomas
Walpole ; the Defendant is a Phyfician of Francia-
greet, Tottenham-court-road.
This was an atftion on a bond, the penalty of which
was 64001. At the time of the American war, in the
year 1780, when there were prodigious fluftuations
in the flocks, the Hon. Thomis Walpole, and this
medical praaitioner engaged in a joint fpeculatios to
a very confiderable amount. In the condi of there
tranfaftions the Doaor gave a promiffory note to
his partner in the concern, which was fecured by
the bond in queltion, and on the face of this note it
appeared, that the Defendant was to pay :pl.
cvety fix months until the debt was extingnifhed-
The payments were regularly made during the life
• of the Hon. Thomas Walpole, and the ffrfl innan
• ment was difcharged after his deceafe ; but fince that
time the Defendant hal defined from fulfilling
.his
engagement, and in confequetice of fuch defalcation,
the anion was brought.
Meffrs. Glass and Gila, gave in evitlenceothe
bond, the hand-writing of which they proved ;it
was dated the loth of September, 1799, and was
for the amount gated. The gentleman whom the
pre(cnt Plaintiff reprecented died about a year and
a ball ago. The fitfl payment was on :he 25th of
March, tituo.
Mars. Essaisa and Wtottv refifted this de-
mand ;they (aid the debt originated in time bargains
for tl. ck, for which, therefore, no aftion could be
ropported in a Court of Juflice. To prove this they
brought the Clerk who tranfaaed all the bufinefs of
the accounts, and the Broker by whom the flock ne-
gociations %vete conduaed, but the rule of evidence
requiting that ibefe Jepofitions fbould be confirmed
by the books of the Bank, and no perfon attending
for that pttrpofe, the defence failed. A verdift was
taken fur the Plaintiff ; and the Defendant was to
give Ala featirity for the flame payments, and to
receive (itch indulgence for the time of making fuch
"ayments as Mr. Jones. the Mensal of the King's
'' 'llench, mall think reafonable.

Helga George LeIA vies Clarke, promoted: Jaw Cordon
Gent. vice Blackburn, religued. Dated Junc 35, 1134.
Commiffions in the lit Royal Regiment of 'foyer
Hamlets Militia, figned by the Lord Lieutenant.
Dated June 25, t Soo.
William Pegg, and Charles Henry Praire, Gents. to.be Lilies.
COnttniainn in the Rnyal Cornwall Regiment of Mi.
litia, figned by the Lord Lieutenant. 'July 9,
George jeffreyfon , fan. Ga n. to be llnftgo.
Commiffion in the Herefordfbire Regiment of Mili-
tia, figned by the Lord Lieutenant.
Lieutenant lord Rodney, to be Captain, vice Geary, reflgned.-..
Dand July 1, 1804.
Commiffions in the Royal North Lincolrifhire
figned by the Lord Lew enant.
--- Gam, Cameo be Lieutenant. Datcil May 23, dot.
Parkin Hark, Gent. to he Ditto. John Sinclair, Gent. to be En-
Ggn. Dated May 24. 5804.
Consmiffion in the Royal South Lincoldhire
figned by the Lord Lieutenant.
Wits= minter, Gent.to be Ratan. Dated Jane is, d ,
Commiffions in the Royal Third Lincoltabire Militia
figned by the Lord Litntenant.
Nevlie King, Erg. to be Lieutenant-Colonel. tee Honourable= • ,
Cult to be Major ; Francis Fiction, Erg. to be Captain.
june.46, 1804.
r dszardßalter, Gent. to be Raga. Dated June i 3, 1804.
Barlow, Gent. to be Ditto. Dated
.111011,1, 3804. .
Commiffion in the Ayrlhire Mili:ia, figned by the
Lord Lieutenant.
EnOgn Jame; Handcars to. be Litatenatk-vice M Gown, re-
eved. Dated June 239 ars.s.
Cumulations hgned by the Lnid 'LietititlanB of the
County
of Ayr—Ayrthire Volonteer Infaotry.
set Hattason—John Weir, Gent. to be Quarter-Mafter. Dated
Jun; It t 184.. Rollo
3d Battalisa—Alexander M.Gown, Efq. to be Captain, vice
rekned. Diced June 26. 1801.
4th HattaJon--Ballen Gition to be Lientenant
Miran,nice Hayro-
s
refignrd , Hush Bioko, Gent. to be Enlign, via , p
moted. Dated June se, 1634.
Commiffions figned by the Vice Lord Lieutenant of
the Couni.y of Stirrty-:-RitliMond Volunteers.
William May, Cent. to be Lialibiallnt ; john Norris, Oat. to be
Enesa. Dated July s, sane.
BANKRUPTCY ENLARCED.
Aura t. Tho Mas Coihys, of Cheapftde, Loadarn, draper, dealer
and ckapman, at ten, at Gordhall.
, Anat. 8. David tilthill, of Klugflob-upon-lia, draper, at ten,
at Guildhall, London.
BANKRUPTCY SUPERSEDED.
John Blomeky, of Mancenter, isurkeeper.
BANKRUPTS.
Thomas Whittle, of Wheekon, near Cheeky, Lancathire, man.
rnanufatturer, dealer andeeapanan, ton:treader July ss, a 6, anft
Aug. its, at twelve, at the Bridgewater Amon, Mancherkr.
Ab
tondo, Marra Ds:Awash and Chipsesdati, Manehater.
Jolts Shaw, at bleavgate•ftreet. London, linen -draper, July 07, at
one. July as, at eleven, and Auguß as, at twdve, at °DMA.
Attorney, Mr. Aide:fan, No. so. Norte.ftren, City-Road.
Thomas Price. of Ned erofs-ftrett, Southwark, Surriy, upbei-
Reser and cabinet-maker, dealt and elsaptnan, July t Aura
•4. and at at ten, at Gaildbell. Attorney, Mr. Berry, Walbrooti.
am Willi Wilberforce Bird, of Coventry, filk•manufaCturer, cicala
. and clupenals, July t 7.28, and Auguft It, at tin, at Gsdkihal,
London. Attonwy, Mr. Barry, Webfoot&
John ChafiC6l3ll Hobo. of dam Crotched Friars, London.
Stip and infumnee broker,
chapati, Anstalt 7,8, and
25, at ton, at Gaildhall. Attorney, Mr. Evans, No. so, Hitches-
lane.
Samuel Lichigaray and Matthew Mastoid, et Rallnithall-Reefer
London, dealers, ehapmen, and copartners, July 20, 21, MI
Augult 23, at ten, at Guildhall. Attorney, Mr. Walton, Girdles
Hall,Mills,Balinghalaftreet.
JAMS of Porten, Hants, grocer, dean and chairman, July
30, at three, July 31, at eleven. and Auguft as. at two, at the
Ship and Cattle, in Pamirs. Anomie+, Mr. Maid Lowe,Saise
Jamea'*.ttrert, Portia; or Mr. John WUlikets, Salibury-fliat,
strand, London.
Richard Emmett of Withnell, and Peter Baldystb, of Heiken.
Lanraildre, eaten tflassufatturas, dealers, ebapmen, and mart.
nets, July 25, t 6, and Augat 25, at eleven, at the Bridgewater
Arms, Mantis:ller. Anoraks, Mcffrs. Duckworth and Chip-
Finiall, Manebefter.
Charles Fortnum, late at Upper Berkelcy•ftreet,Portnuo.hprare.
Middlekz, snertbant, dealer and &spawn, July zy, 28, and
Aura as, at ten, at Gulidhak Anomie,: PARra Palma and
Tonslitlista, Wartdord-coPrt, Thrognsaton Bras.

BAMlkuikrs IN Iliti,Al4o.
John (Ma of Ennikorthy, merchant, to lu/render on the Wit
and 16th tuft and s4tn Angult next.
Oetnyte rites Drinane,of Cork grocer, to farrentler the satk
tsth ft. ind ioth bugott•
Jaw Bello, of Sackvale.ltreet, linen draper.
to (offender wan
16th acid tyti loft. and 16th olAgult.

BrATHS.
On the t tth tuft. to Taney-Beset, the Right Hon. Lady Mary
Catharine Myert, of a daughter.
At the Barracks, Cilatiorr, on the soth wk. the Lady of Captain
Crawford, of a fort.
On Monday raft of a foo, the Lady of I. Simmons, Efq. of
Paddington Hole.

MARRIED.
Oa Taefilay Taft, at St. George'. Church. by the Rey. Mr. M.
dream Major Mitchell. of the a6th Righaent of Foot. fun of H.
Henry Mitchell, Ely. of Merrier, Cable, one Dublin. to the
Right Hon. Lady Harriet Sainerfa, daaghta of the late Duke
of Beaufort.

—.—
On Friday, the Inds ult. at Bath, the Rev. Thomas Collins.
Within the (hors (pace at about twelve moeths this venerable QM
man had loft no Ids than three of his defeendants his daughter.
Lady Ilolingbroke, and two of her children, the Hoe. George and
Mary St. John.
--- - -