Star.
London, England, 1802-03-08 00:00:00

DISTRIBUTION OF PRIZE-MONEY.

To the NAIAD, for the capture of the Maria
and Elizabeth, a diftribution will be made on the
NAIAD'S arrival at port.
For the Spanill brig San Rafael, and the
Genoefe polacco la Vittoriofo, captured by the
Cu LLODEN,TH FSEUS,SEA HORSE,ALLIANCE,BULL
Doc, and Peas cos, a diftribution will be made on
Monday, the 29th init. at Arundel-ttreet, Strand.

On Friday Advice was received at the India-
Houfe of the fife arrival, off Dover, of the
GANGES, freighted with a cargo of rice from Ben-
gal, which Prefidency the left the latter end of
Auguil. The GANGES is a regular rice-(hip, and
was licenfed ha year by the Honourable the Court
of Direetors to proceed to India for grain.
The Difpatehes for Madras and Bengal by the
(hips LORD Net.sois and BENGAL, were finally
doled -at the EaR India-Houfe on Saturday, and
delivered to their refpeetive Purfers : there are
the laft regular Coaft and Bay (hips of the feafon:

Paffengers per LORD Net soN.—For Bengal—Lieutenant
Colonel. James Macgregor, Lady and Daughter; Melfrs. H.
Shakefpear, and Riven Grindall, Welters ; Mr. Grayfun HaU,
Affiftant Surgeon ; Mr. Patrick Stewart ; Mitfes Barbara
Dunbar, Anna Stewart, Sophia Wilhelmina and Louifa Fle
ming, arah BamPton, and Elizabeth Gordilera
For Madras—Mr. Jof. Dacre, Writer.
Per Be sroat..—For Bengal—Mr. Charles Ray Martin, and
M. H. Turnbull, Writers • R. Williams, and John Fullarton,
A ffiftant Surgeons ; Edutund Craigie, W. G. Mackenzie, and
Thos. Watfou, Cadets ; and Mils Janet Robenfon.
For Madras—rMeffrs. Wm. Williams, and Henry Fowle, Af-
fißant Surgeons.
The Premiums-of Infurance on Vetfels failing
from the Port of London to feveral different parts,
experienced a further reduCtion during the lait
week, viz. • •
To Weymouth, Plymouth, &c. from 2U. to IV. 9d. per
Cent.

Alderney, Guernfey, and Jerfey, Briftol, Wales, and the
Coat! of Lanealldre ; and the Southern, Eaftern, and Northern
Coafts of Ireland, from 1
.54. to 214.

The Weftern Coati of Ireland, from 3rs Ed. to 26.. 3d.
Rotterdam, Amflerciam, and Embden, from 31s. 6si. to 211.
Bremen and Hamburgh, 315.6 d. to 265. 3d.
Neutral (hips to India, from 61 to 51.
The infurance from any of the !rah Ports to the Baltic, has
been lowered from 5 to 3 Guineas per cent.—to Portugal, from
24 to 11—to America, from 51. to 21.

'The aduiarice on VeffelsfrOm the Baltic to any Britifh Port.
is reduced from five Guineas to one and a half.

From the Leeward Itlands to England or Ireland, from 3 to
a Guineas : • and from Otebee to ditto, 4 to 3 Guineas.
The premiums on Vents from Jamaica to Great Britain and
Ireland have advanced from 3 Guineas to 4 per Ccnt.

The brig Favourite of Irvine, Co use It marl er, from
Tobago, with fugar and rum, for Port Glafgow,
was driven on the rocks at a fmall port near Boy-
-1 igh, county of Donegal, in the dreadful florm of
th!' 2 ft January !aft, and Ibortly after went to
pieces. The Captain and crew, the mate excepted,
happily got to land; but the unfeeling rople on the
coati not only plundered them of every thing which
floated to the !bore, but even Role, as they if ripped
themfelves, the clothes which they took from their
backs to dry, and left them almoit completely def-
titute. Nor could they get even any thing to car,
till they reached Glenculag. Here the minitter of
the parifh, the Rev. Mr. RAWLTON, mot humanely
fupported them for two days, and Capt. DODP, of
the Northumberland regiment, and Mi. Mosyroo
MERV of Mount Charles, fupplicd them with othet
needful matters. At Ballythannon, the officers of
the Northumberland regiment made afublcription
for them amounting to 51. 13s. 6d Bradt' ; and at
Ennitkillen the ferjeants and privates of the 21 ft
regiment (Scotch Futileers) moil generoutly fob.
fcribed amongll themielves, for their farther aid,
161. 165. id.

LAW InTELLIGLACE.

COURT OF KINul RENCK MARCH 6.

SMITH AND OTHras. Asst.:nit as, V. warm,.

Mr. Ea %KINE faid, this was an anion brought
be the A flignecs of one Thomas Charter, a corn-
chandler, a bankrupt, to recover the funs of 6491.
tp. 6J. being found to be the difference upon a
balance of accounts between him and the defen-
dant, and paid by Charter to the defendant in con•
tem plation of his bankruptcy, and, as filch, a fraud
upon the ref of the creditors, for that this ought
to have been brought into the mats co be divid.al
by the creditors at large, whereas this was a frau-
dulent preference, given to one over the Iva of the
creditors, and contiquently illegal. The law uponl
this &Nest was In euremely clear andfimple, and
flood upon principles, the policy of whith had been
fo frequently recognized, that little was left for
him to fay in opening this cafe. After a bank-
ruptcy took place, the bankrupt ceafed to have any
property whatever. However fecret that aft might
be, at the time it took place, yet the inflant it did
fn, a period was pnt, by law, to every one of his
arts afterwards, as far as they related to any pro-
perty he had the care or contmul of, except as to
common affairs and bulkier' which wis under the
proteaion of the &tote. An aft of bankruptcy,
though a fecret aft oldie party, had the effeet of
divelling him of the property that was in him be-
fore. It did not, however, very often happen with-
out the trader having fume reafon to tepee it, a'
while berme it happened ; and, if under that ea-
reflation, for motives of his own, he favoured any
particular creditor, and preferred his demand to
that of any other, and paid him the debt in con-
templation of a bankruptcy, loch payment was
void in law, and the affignees fhould recover it
hack for the benefit of all the creditors in common.
That was the cafe in the prefect inftance. This
was a neceffary interpretation of the Bankrupt
Laws, for, without it, flatutes concerning bank-
ruptcy would become a dead letter ; the bankrupt,
as loon as he apprehended his failure, would pay
one or two of his creditors whom he wifbed to fa-
vour, the whole of their debts, and there would be
nothing left to diftribute among the reit ; it was,
therefore, determined, that when a perfon knows
he is about to become a bankrupt, he !hall not (c-
-left any one of his creditors and prefer him to the
refl. He had only this farther remark to make
upon the fubjefl : Where a creditor of a bankrupt
hears, or has reafon to fufpeft that he may become
infolvent, he threatens to fue his debtor, and there-
by he obtains payment of his debt, the law will
flipport fuel' creditor in his legal vigilance : if un-
der a threat of arrell, even though a trader con-
templated a bankruptcy,'he paid the creditor who
threatened to arreft him, that (hall not be deemed
a fraudulent preference, but !hall be deemed a le-
gal payment to the creditor who (hall thus !land
upon his right, for the law would always fupport le-
gal diligence; but where the bankrupt, of his own
mere motion, without any arreft, or threat of an,
arreft, or any proccfs, without any propofition
from his creditor, does, of himfelf, give the prefer-
ence voluntarily to a creditor, that prthrence can-
not Rand. Now the bankrupt, in this cafe, com-
municated the circumflances of it to the Commif-
'inners. He Rated the account between him and
the defendant, and the defendant himfelf, in his
examination, laid, that the bankrupt paid him the
money, and delivered to him goods, and that two
or three days afterwards be flapped payment.—
That the bankrupt paid the cafh, and delivesed the
goods voluntarily, and the accounts were fettled
between the bankrupt and defendant at the bank.
rupt's own infiance and requeft ; and that he was
not requetled by the defendant fo to do. It had
frequently coil a Counfel the labour of a quarter
of an hour to prove a cafe fo plainly, by means of
his own witneffes, as the defendant had, by there
words upon his examination, proved againfi him•
fell in this cafe. He then went on to fay, that pre-
vious to the 6th or 7th of March, when this pay-
ment was made to him by the bankrupt, he had
heard that bills had been difhnnoured by the bank-
rupt, and that in cafe he, the deferdann had not
received cafh and goods on the 6th of March, he
would have been a creditor of the bankrupt to the
amount of 6001. or 7001. That, Mr. Erfkine laid,
was juft the complaint the affignees made by this
aflion. He (horrid have been a creditor like the
tell, and come in under the commiffion, inftead of
taking all to himfelf.
The Bankruptcy of Charter, the Petitioning
Creditor's debt, &c. were admitted. Comeniffion
ad April, 84.
Hugh Ufber Said, that he knew Charter, the
bankrupt, 'was conceited with him in trade, had
feveral tranfaaions with him. He knew, that4m
the 9th or loth of March Chatter was abouesqoall
his creditors together—they were toiled together
on the loth.

The account, as fettled, between Chartd the
bankrupt, and the defendant, by which he paid to
the defendant in bills and goods on the 6th of
Augutl, to the amount of 6491. 13s. 6d. was then
put in and proved, and that part of the examina-
tion of the defendant alluded to in the opening was
read—f.' that the cafe was made out on the part
of the allgnces.
The Avvoattsv-Gas teat raid, he did not melit
to controvert any of the fails under one of the
beads of the examination, but he fubmitted, that
uhlefs other fats were proved, or confide Ted by
thz Jury already proved, elpecially after what
be Mould prove, the defendant, in this cafe, would
be entitled to a verdict; for although the payment
might be voluntary on the part of the bankrupt,
and made only a few days before the bankruptcy,
set, unlcfs it was made in contemplation of a
Lankruptcy, and with a view to prefer this de.
fondant to the reit of the creditors, the payment
was a valid payment. Before this payment could
he bad, and the alliguces recover in this ation,
there molt be two ingredients—namely, a purpofe
---eference, and a contemplation of a pending
iptcy. Now, on the part of the defendant,
lid call Charter, the bankrupt hinsfelf, who
ly knew better than any body elf. could,
plapOre was, and with what 'levels paid

thi*balanee of accounts between him and the de.
Pendant. He would thew, that the defendant and
Charter, the bankrupt, were in the habit of fettlins
their accounts together, and that at the time thus
ace. dint was tail fettled between them, Charter had
nu idea that he ihould become a bankrupt. if 10,
the defendant would be entitled to a verdiet. It
was tote, the fettlement of thefe accounts pro-
ceeded from the motion of the bankrupt himfelf,
and that the payment was not made under terror
of arreft, or any particular legal diligence on the
part of the defendant in this action, which, as Mr.
Erfltine had very properly Rated, would have
legalized the payment of it; but it wag a payment
made in the entitle of trade, not under any contem-
plation of bankruptcy, and therefore legal. The
law of bankruptcy, in over-hauling by-gone tran-
faCtions in trade, in confequence of a fecret atit of',
bankruptcy being difcovered, was abundantly hard
and harfft already; there was no occafinn to ex-1
tend that conitruaion of the law. He was not
arraigning the law, it was wife, and if a man, in
contemplation of a bankruptcy, preferred one cre-
ditor to another, and paid whom he pleafed, there
would only be left a hulk for the mats of the
creditors—a thing which the law would certainly
not endure; but the bankrupt himfelf would prove
that he fettled this account in the common entitle
of Winds, and that he had not, at the time, any
idea that he was to become a bankrupt, and that
one of his creditors called the reft together, which
brought on his bankruptcy, and therefore the de-
fendant would, in this cafe, be entitled to the pre-
ference which the courfe of bufinefs had, by acci-
dent, thrown in his way.
Thothas Charter, the bankrupt, was then called,
and he (wore, that when he fettled this account
with the defendant, he did it in the afual courfe of
bufinefs, without any idea of giving the defendant
any preference over the reit of the creditors, nor
had he the leap idea of becoming a bankrupt atl
the time. although it turned out fo afterwards :
one of bit creditors, to whom he owed 40e01.
corning fuddenly upon him, Eite. That he was
then worth 13s. in the pound, on the winding up
of his accounts. That his father offered the cre-
ditors to pay that fnm, but they did not take it—
proceeded to law, in a manner that (wallowed
up almoft all the property—no dividend had yet
been made, nor did he know whether there ever
would be any.
This, after a long crofs.examination, did not
appear to do away the prefumption that this pay-
ment was made by him to the defendant in con-
templation of bankruptcy, and therefore the Jury
found a verdiet for the plaintiff —Damages
640. 13s. 6d.

ODDT V. UNDERWRITERS.
This was on a policy of infurance for sod.
made to the plaintiff, as agent to a Mr. Orman, on
the flip Vrow Anna, from Penzanato Genoa, on
which fhip Mr. Osman had a bottomry bond for
1 soot

The Danifh fhip Vrow Anna, having been
Branded near Penzance, was purchafed by Mr.
Oxman, for the purpofe of breaking her up. Af-
terwards, Mr. Oxman having a better opinion of
the veffel,
el, and a confidence in her Captain, ad-
vanced the money for repairing her, gave the veffel
to the Captain, and took. as a fecurity for the mo-
ney expended, a bottomry bond This veal fo
repaired proceeded on ber voyage to Genoa, with
a cargo of pilchards, the property of Briti(h fub-
jells, and was taken by a French privateer, carried
iato Malaga, and there condemned by an order of
the French Conful, who refided there.
The dcfcription of this veffel in the policy was,
the Danifh Vrow Anna, which defcription the
defendants' Counfel contended amounted to a
guanastee that the was a neutral veffel, and not
Britillt property, mafited by a Danifh bottom, the
value of which was entirely covered by this bot.
tomry bond.
_

For the plaintiff it was argued, that the words
Danifh vetrel being in the policy did not amount
to a guarantee that the was neutral ; and it was
proved, that on the fame day other policies had
been done on the cargo of the veffel at the fame
rate of infurance (is guineas per cent.) without
defcribing her as a Danifh vette'. It was alfo infift-
ed upon, that the was lanais& a Danifh veffel, not-
withaanding the amount of this bottomry bond.
In the courfe of this trial, a queftion of law
arofe, whether the fentence of a French Conful,
refident in Spain, had the fame legal validity as
the fentence of a regular Court of Admiralty,
and whether it could be read as conclufive evi-
dence of the condemnation of the vela and the
caufes of it?

This being altogether a queflion of law, was
referved for the future confideration of the Court.
The Learned Judge told the Jury, that the words
Dana veffel being in the policy did amount to a
guarantee that the was Danifh ; and the principal
queftion for their confideration was, whether at
the time of her capture the wAs to be conlidered
a neutral velfil or a Brit& (hip ?—Verdift for the
plaintiff'.

TODD,. CHRISTIE.

This was an afhon on a policy of inforanee of
tool. tiltnn the !hip Fowler, then in the Mediter-
ranean, hi the tranfport fervice. This policy was
to infure the Fowler for fix months from all perils
of the fear, captures and feizures excepted ; the
tranfport board indemnified the owners from cap-
tures and feizures, or any lots refulting therefrom
(provided the Captain made a futficient defence).
This veffel was (during the fix months that the
was fn infured) fent as a cartel thip to Marfeilles
with prifoners ; on her return the took in fundry
articles of French merchandize. Thefe were found
on board at Port Mahon in Minorca, upon her be-
ing examined by the Pearl friglite, and by a legal
fentence in that ifland the was condemned, as be-
ing concerned in an illicit trade rtith the King's
enemies. The Tranfport Board would not pay the
lots arising from this feizare, as not being within
the meaning of the indemnity they had given, and
the defendant refilled it, as being contrary to the
exprefs words of his policy, excepting captores and
feizures. On the part of the plaintiff it W 1.5 'ar-
gued, that this was not a capture or feizure within
meaning of the exception; that it was in con- ,
fequeuce of the barratrous aft of tlic Captain, and '

that the barratry of the Captain was one o 1 the,
cafes covered by the ordinary policy of infurance.
The defendant's Counfel admitted. that had the
reffel been 101 l from the perils of the feat, in con-
fequtnce of the barratry of the Captain, the &fen.
dant would be liable ; hut for a capture or fel zurc
made in confequence of the barratry of the Cap-
tain, they contended he was not liable.
The Learned Judge ilemed to confider the lols of
the veffel, under theft r.ifelifnibllcei, rather as an
effel of the barratry of the Captain, 01:111 as a cap-
ture or feiznreoccording to the feii: of the words
in the policy.—Verdkt tOr the plaintiff.
llnkTh LIN AND CO. V. A• SIGNE ES or CROW.

This was an atflion of ti over, torecover the value
of too calks of tallow. The plaintiffs are Mer-
chants in Ruffia, and at the time of fending this
tallow to the bankrupt'sorder, being informed that
his circumftances were doubtful, gave notice both
to the bankrupt and their agent in London, that
unlefs a former debt was paid, the bills of lading
ihould he delivered up to Mr. Slider, the plaintiff's
agent in London.
The ATTORNE T-GRNIIRAL obferved, that the
commercial law At. Ruflia, and of all the North of
Europe, was, in this refpeet, more equitable than
our own. By the law of Rutlia, a conligner, when
informed of the failing circundlances of his con-
tignee, may not only flop the goods consigned tu
traeftv,but, on giving a proper notice to the Judge
of the place, may get an order for taking them
out of the 114, or even the ware/wide, of his con-
fignee. He offered; in evidence of the law of
Rullia, a formal atteflation of certain Ruffian
Judges on this head. There being come doubts of
the admiflibility of this evidence, it was relayed
as a queftion of law for the future confiderAtion
of the Court.—The Sittings were then adjourned
to Friday the 23d of April next.

The Anniverfary of the Matins Society on
Thurfday lilt was attended by upwards of 300
perfons. Several liberal donations were made on
the occalion, and in the whole near eight hundred
pounds were collefled. Laid RoMMEY prdidcd.
When the worthy Chairman was Rating the gene-
red bufinefs of the day, he took notice of a circum-
fiance which ought to be generally known :—A
boy fent out by the Society to fea, was on the
Weft India Ration, and performed Tome meritori-
ous ads, which induced the Commander to make
him a Midfhipman ; he was afterwards ordered to
command an armed boat on Come cnterprize, and
he fucceeded fo much to his credit that he was
named a Lieutenant • when he returned to Eng-
land, being without friends or money, he applied
to the Committee—they were fo well pleated with
him that they ordered the Secretary to write to
the Admiralty Board, requefling a confirmation
of his appointment, which Lord SPENCER very
handfomely fent him the week following. This
will be a ftimulus for boys to behave well under
fuch a benevolent Society.
A man, a few days ago, had a finger ampu-
tation by a wheel at a &dory in Manchefter : the
poor fellow immediately went home with the mu-
tilated limb. A few hours after the matter of the
factory happened to meet a fon of the man's, and
accofting him in a tone of fympathy, Paid, " I am
very forty thy father has loft his finger !" " Loft
it !' exclaimed the lad, very limply, "he has not
loft it—he has it in his pocket !"
A poor man, who worked at a pit near Pow.
frail, unfortunately fell from the iron as he wa%
defcending on Wednefday fe'nnight, and was killed
on the fpot.
Assizes.—At the Reading all zes, R. Brown,
for horfe-flenling ; G. Ring, for houfehreaking ;
G. Phipps, for robbing his miltrefs; E. Painter,
for flealing heifers • and J. Williams, for filets-
ftealing, were capitally convicted, and the two Taft
left for execution. T. Slingo, for ftealing a tow
and pigs; and J. Slingo, for receiving; E. Belcher,
for haling a hog; H. Pizzey, for (leafing a pair
of times and buckles; and W. Kember, for Realing
wearing apparel, were fentenced to feven years
tranfportation.
At the Oxford affixes on Wednefday, J. Smith
was convicted of itruing a forged Bank of England
note, knowing it to be counterfeit, and was or-
dered for execution. J. Margetts, flr ftealing
from Bruern Abbey, fomc lead belonging to the
Duchefs of Dorfet, was fentenced to (even years
tranfportation.
EDINBURGH, MARCH t.—On Saturday evening
a woman was burnt to death in her houre in the
Pleafance. She had been fo much addicted to
drinking, that her hufband had often found it ne-
celFary to lock her in the houfe when he went out,
but in fpite of all his endeavour the found means
to get liquor, and was exceffively intoxicated when
the accident happened.
Friday morning, between three and fourt'clock,
a fire broke out in a (mall Rove belonging to a
dyework in Spoutmouth, Gallowgate, Glafgow,
which in a few minutes was burnt to the ground.
A Polimafter in Paifley was haft week fined by
the Juflices in half a guinea and expences, for re-
futing a chaile to a gentleman, from one part of
the town to another, on pretence of the evening
being flormy.
ENGLISH STATR-LOTTRRY.SIZLh Day.—Nos.
13,326, 3947,, Prizes of soool.—No. 43,850, a
Prize of zoool.—No. 23,997, a Prize of tool.—
No. 19.035, a Prize of sal.
The Ticket No. 45,850, drawn haft Saturday a
Prize of 2,0001. being the highcfl yet (bared, was
fold in One Half, One Qtlarter, One Eighth, and
Two Sixteenths, by J. Beam 'coma and Co. at their
Lucky Offices, No.ll, Holborn, and No. 37, Corn-
hill where the fortunate holders of each refpec-
'tire Share may receive their Prize Money on de-
mand ; and where Tickets and Shares of Tickets
are now felling in great Variety of Numbers war
ranted 'indrawn-

No. 39471, drawn the 6th day of the preftnt
Lottery a Pr* of Five Thoufand Pounds, was
fold by RICHARDSON, Gooricuot. and Co. in a
Whole Ticket on the Bth of January lalt.—Tickets
and Shares, warranted 'lndrawn, will contir.u: on
file from Eight 'till Nine in the Morning, and
from Two 'tall Eight in the Evening, dnring the
remainder of the drawing, at their Offices, Corn
hill and Chariag-Crofil alfo at Na rwich aad Li-
•crpuvl.

of pick
•• bAnkroi
Is he wool
ccrtainl
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