Star.
London, England, 1814-12-17 00:00:00

CAR►ISO\ Of GIBRALTAR.

.......... appears, from the most authentic rccor!s, that
since the earliest times, up to the year 1814, Gibraltar has ever
been considered one of the most healthy places in Europe ; that
in the said year a malignant fever raged with violence, and
again broke out In the years 1810, 13, and 14 ; that 11,910 per-
s9ns were attacked by It, and that 7,070 (up to the 3d instant)
have. ni:d.
" hat although this fever has hitherto constantly yielded to
the ii fiaenue of the cold season, yet its late recurrence for two
successive years, gives cause to tear that the rains and cold alunn
may not be sufficient for Its total extermination; but that some
seeds of the disease may lie dormant in the place, and be brought
into activity.by the return of the next Autumn.
'the exertions of every individual both military and civil, in
the Garrison, are therefore absolutely necessary, in carrying into
CICCU:iOII measures of purification : and it is required that every
house-holder, whether proprietor or tenant, shall, on or before
the 7th day of next mouth, cause his house and offices to he
thoroughly cleansed, and all kinds of filth removed from them.
" Livery kind of furniture, bedding, and wearing apparel, must
be thoroughly cleansed and aired.
" Every house in which the fever has existed, during the pre-
sent season, must be again white.washed and fumigated.
" Licit lime and soap will be allowed, gratis, to such persons as
are unable to purchase these articles, and will be issued by the
inspectors of districts.
"1 he materials for fumigation, and persons to superintend the
process, will be provided by burgeon-Major Fraser.
". The Inspacturs of Distriets, who have so zealously exerted
themselves during the malady of the present year, are requested
to superintend the execution of this important measure; and to
report upon It to the Lieutenant-Governor, between the 7th and
;4th of next month.
" It must be apparent to every one who has lately resided at
Gibraltar, that the exertions on the part of Government, to pre-
vent a recurrence of the malignant fever, can never be effectual,
unless zealously srconded by every individual, military and civil,
in the Garrison. _ _

" His Excellency the Lieutenant-Governor, therefore, in pro-
nsulgating regulations so obviously directed to the general wel-
.lkra, deems it unnecoleary to enforce their observance by any
ptinal injunction.
"• He cal. for, and relies with confidence on, the zealous co-
lopesittioit of every individual, in a task which involves the in-
terestaof all; having no view but the preservation of the public
40404 and the revival of the commercial prosperity which has
nnhatipily been suspended.
His Excellency is convinced,that the observance of the fore-
goiag rules will not only go far towards destroying the lurking
seeds of diseases but will tend to remove the impression, unhap-
pily existing in silvery mercantile town in Europe, of the danger
of communication with Gibraltar ; and his Excellency trusts that
these steps, combined with meatores he has in comemplatiou,
will, while they may ensure the forress from a return of the
dreadful malady, permanently obtain for it the advantages of
commercial activity, and the comforts of social intercourse.
(Signed) " GEOROX Do; Gun. and Lieut. Goy.
" Gibraltar, Noyembor 14."

lA* ha

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VOUiti• OF kiNGla BENCH, i ira, i 5
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STEINMAN V. PAYNE. •• ...
This was an action to recover on a bill of exchange
for .iCBOO, which had been placed inthe hands of May.
a billhroker, who, it will be recollected, was convicted
on a clfarge of forgery at the Old Bailey Session 4 in
December last. The bill had been placed in the hands
of May for the purpose of being discounted for his em-
Oloyer, but that unfortunate man discOunted it for
himself, and applied its'produce to his own use. The
bill afterwards passed through two or three hands, for
a valuable consideration, but when presented .for pay-
ment it was dishonoured, on account of the fraudulent
manner in which May had originally 'obtained it. A
friend of May, however, afterwards paid the bill, in
hopes of protecting him from prosecution. It was from
this person that the present plaintiff derived his claim,
Lord ELLENacatuuon however held, that the person
who had thus taken up the bill, had acted in n) other
capacity than that of agent to May, and therefore
could derive no claim on the bill independent of May.
The plaintiff, therefore, was nonsuited. .
DEC. 16.-ROIE/STA V. HARDY AND OTHERS.
The plaintiff in ihisaction is now in custody, in the
Castle at Yoiti—tiimst -an indictment, setting forth
that he being a bierstript, had 'refused to answer the
interrogatories of the Commissioners concerning his
estate and effects, and that he had in other ways vio-
lated the provisions of the bankrupt laws. The pre-
sent was an action of trespass against the Solicitor
under the Commission, the Commissioner and the
Nlessenger, by whom the plaintiff was taken front the
King's Bench prison down into Yorkshire, in order to
his examination, under the warrant of the Commis-
ioriers, and, tinder the same authority, brought back
to the King's Bench prison. The action was in rea-
lity, to try the validity of the commission which had
issued against the plaintiff, and the question was of
great importance to the parties, having been two or
three timt s before the Lord Chancellor, and as ia fact
trying the merits of the indictment upt,n which the
plaintiff stands fur trial at the York Spring Assizes.
The A TrOaNl:ii GENERAL, for the pl tintiff, contest.
ed the proceedings under the great seal in every stage
of them. It appeared that the plaintiff had been an
agent in America to the house of Walker and Coghill,
woollen-cloth manufacturers, in Yorkshire, and that
he had also traded on his own account. pon a dis-
solution of the connexion between the plaintiff and
Walker and Co. the accounts between them were re-
ferred to arbitration, and an award was made against
the plaintiff for upwards of ,E2OOO. He was arrested
and taken to York, whence he removed himself to the i
King's Bench prison, and having, by laying in jail two'
months, committed an act of bankruptcy,Walker and
ll Coghi became petitioning creditors, and sued out a
commission of bankrupt against him. It was in the
proceedings under this commission that the alleged
trespasses were committed. Besides several other
points raised by the Attorney-General, and disposed
of by the Court, he contended, that the bond to the
Lord High Chancellor was not well executed, \Val-,
ker having executed it as well for himself as for his
partner, Coghill then residing in America, without
any power of attorney to that effect ; and further,
that at the time of suing out this commission, Coghill
was in an enemy's country, adhering to the King's
`enemies; and therefore upon the authority of the case
of Hector v. Connel, decided by Lord Alvanley, be
maintained, that the petitioning creditors had no
power to recover, either in law or equity, and hence
the commission could not be supported.
Lord ELLENIIIROUGH professed great respect for
the authority of Lord Alvanley, and while he was of
opinion that the main point was, whether Coghill
was actually adhering to the King's enemies, or only
in an enemy's country against his will? he thought
from the nicety and importance of the question, the
facts had better be embodied in a special case for the
decision of the Court of King's Bench.
The Jury, therefore, return':d a nominal verdict for
plaintiff—Damages Is. subject to such decision.
ANDERSON AND OTHERS V. HEATH AND OTHERS.
This was an action upon a bill of exchange for
£2,000 crown by a Mr. Asulet, of Malta, upon the
house .ot the defendants, in London, payable to the
plaintiffs, who presented it for acceptance, which was
Id used, with an observation, that it would most likely
be paid when due. Upon this refusal to accept, be-
ing a Maltese bill, and payable after sight, it was pro-
tested ; and, as is usual, a duplicate protest was had,
and charged upon it. It was by mistake presented
for payment a Jay before it became due, when the de-
lendants told the plaintiffs' clerk to bring it the next
day. He accordingly took it for payriienr.
Mr. Furze, one of the defendants, said, the bill will
be paid, but we cannot allow the Rl7, for the dupli-
cate protest. The Clerk observed, that such charge
was regular, but he would run back to his principals
in Bow-lane, to ask them if they would give up this
chirge ? He went from Great Winchester-street to
Bow-lane, and hack, in about hill an hour ; but upon
his return, Mr. Furze informed him that since he had
been there, they had received their letters, and Mr.
Asulet had suspended his payments. They could not,
therefore, under those circumstances, pay the bill.
After Mr. PARK had been heard for the plaintiffs,
and the ATTORNEY GENERAL for the defendants,
Lord ELLENBOROUGH said, “ This case runs ex-
tremely close indeed. I don't recollect any case com-
ing so near the wind. The telling him it is a day too
soon is not an acceptance ; the next day he does not go
for acceptance, but for payment; and the words hav-
ing reference not to acceptance but to payment, I am
inclined to think that the defendants are not bound ;
but I should recommend a special case."
The Jury, therefore, found a Verdict for plaintiff—
Damages 82017 17s. 6d. ; subject to the opinion of
the Court of King's Bench.
COURT OF COMMON PLEAS, DEC. is.
PATTERSON V. BARKER.
This was an action to recover damages for an as-
sault and false imprisonment. The plaintiff had been
a pilot in the India Company's serxice, and, being on
his return home as a charter-party passenger in the
Company's ship Northampton, of which the defendant
was Commander, experienced the imprisonment which
was the subject of the present action.
The case was stated by Mr. Serjeant BEST as one
of.an aggravated nature, and requiring heavy dama-
ges. The plaintiff had been confined for 90 days in
irons, from -the 12th of March, when he lay on the
poop six daysexposed to the rain, and afterwards en
the 13th, the following day, in the hold SO of these
l

• • • . .
lip his legs and hands: were minded. The cause
which led to this assault and imprisonment was a re-
fusal on the part of the plaintiff to assist, with other
persons on the watch, to draw up water fur the sup-
port of the whole of the ship.
Several witnesses were called to support die plain-
tiff's case, and they proved the main fact of the im-
p_ukonnsent.
Q*, the part of the defendant a plea of justification
was entered on the record, which in substance stated,
that he being Captain of the Northampton, the plain-
tiff, a charter-party passenger, sent home at the East-
India Company's expense, was bound to obey, and
ought to have obeyed, the lawful commands of the de-
fendant, and also those of John Drayner, the Chief
Mate; that on the day the assault was committed, he
(the defendant) had ordered him to assist in hoisting a
cask of water, which he refused to do; and that there-
fore, as he would neither obey the orders of hitn (the
defendant), nor of Drayner, who, by his instruction),
had repeated the order, he was justified, for the sake of
preserving the discipline of the ship, to imprison him.
It was proved by the Mates and the Boatswain, and
several Officersin the ship, that he had so refused ; and
also that he escaped hum his confinement on the first
'day, the 12th of March, and, on being enquired for to
assist, he was missing ; Alm the defendant ordered on'e
of the. Mates to tell him to come on deck, but he re-
fused to come, statingott the same time holding-a kiiiie
in his hand, that he mold stab any one who attempted
to compel him. The Mate was intimidated by his man-
ner and threat,and retires'. Two Quarter-masters were
then.sent,.and two of the B-iatsw ain's Mates; but he
still refused. At length the defendant himself, accom-
panied by the Boatswain, went down; and then he slid
out of his hammock, endeavouring to stick the knife ih
the floor. The Boatswain attempted to wrest it out of
his hand, and in the scuffle received a severe wou•id.
This resistance he maintained with a view to try the
right of the Captain to call upon his services.
Captains Thomas and Baker (the former having
commanded one of the Company's ships 14 voyages;
and the latter seven) were examined, to prove shit
charter-party passengers had insatiably assisted oh
such occasions ; it was also so considered by East In-
dia Commanders. They did not receive wages; nor
were they ever mustered among the crew, for that
would give them the right to demand wages.
The CHIEF-JubricE directed the attention Cf. theJurr
to the question, which was the chief one for their 4e-
cision, viz. whether the command cf the defendant in
this instance was a lawful command. If so, then the
refusal of the plaintiff to obey that command was ille- •
gal, and the aggravaticn of punishment, so much in,
sisted upon by his Learned Brother, must be laid out -
of the case. It must be within the recollection of the
Jury,that the service required to be performed was to •
draw water for the whole ship. The plaintiff could
not, from the peculiarity of the thing, bring up his
own water, and consequently it must be lett to the
election of some one to delegate those who were to
draw it up. The Captain, having the command of
the ship, was the proper person to select men, add he
had done so ; but the plaintiff chose to dispute his au-
thority. With respect to his own opinion on the le-
gal question (and if he was wrong the Court might
be moved). he thought the question alone was a.. to
the right of command. He thought also, that those
who engaged for a voyage as charter-passengers were
bound to make themselves aoquaintaci with the usages
of the voyage, and oa coming on board must under-
take to perform those duties which, according to the
evidence of the Captains, were invariably performed
by this description of passengers; because, in the pre-
sent case, if all the passengers were bound to be sub-
ject to his assistance, the plaintiff must also. It would
be for the Jury to say whether he was not bound to
obey the order ? In this case the resistance was illegal,
because the Captain had ordered him to be brought
before him, which he had a right to do ; but instead
of complying, he threatened to stab any one who
should bring him before the Captain. They would
judge, therefore, whether the Captain had acted fairly
in preserving the discipline of the ship ?
The Jury found a verdict for the defendant, thereby
establishing the right of service from charter-party
passengers.

Tuesday, the following unfortunate accident hap-
pened on the grounds of Messrs. G. and C. PAYNE,
at Temple Mills; Stratford, Essex:—As J. Wilson, an
industrious deserving man, in their service, was in the
act of bringing over in a boat two lads fr An the op-
posite side of the river, his boat-hook fell into the
water, and, in stooping down to recover tile same, he
unfortunately slipped over-board and was drowned.

A shocking accident happened on Monday last in
Great Britain-street, Dublin. An old woman, wlto
had been for a long time rather weak in her intellects,
was given in charge by her daughter, with whom sh.t.
lived, to a servant-maid, who locked the old womait
up, and on her return found her burned to death.
Saturday night last, a woman of the name of Byrn:,
on ha return from Dublin to ltockbrook, after pu.-
chasing some necessary
.articles, was drow.leti at
Rathfarnham river. it is supposed that a sud,len
squall of wind precipitated her from the bank ant ► the
water. It is a most surprizing coincidence, that on
Saturday night four years, the daughter of this un-
fortunate woman should have been drowned in the
very same river.

At an early hour on the evening of Sunday last, a
party ot armed men went to a person named Hely,
ferryman of Dromore, county ot Waterford, and te-
nant to W. FoLzy, Esq. swore him to secrecy. and
compelled him to conduct them across the river.—
They then attacked the house of a farmer, and robbed •
him of what money he had in his possession. The
farmer contrived to detain them till he had an opp..)r-
tonity of sending intelligence to two neighbours, who
armed themselves, and proceeded to the place, joined
by the neighbouring peasantry. Two of the assailants
were taken, another got into a small boat, which was
upset, and he is supposed to have been drowned.
Thursday, a Coroner's Inquest was held at the
Coach and Horses, Ealing, on the• body of a man
whose Christian name was William ; surname un-
known. The deceased was in the service of Mr.
Hawkins, of Drayton.green, farmer ; and on the day
pfeceding the inquest, Charles Crow, as he was going
along Drayton-green-lane, found the deceased lying
inithe lane, on the side ot the road. He was quite dead,
but there did not appear to be any marks of violence
abort him. Verdict—Died by the Visitation of God.