Star.
London, England, 1807-11-09 00:00:00

PORTSMOUTH, NOVEMBER 7.

Captain WHIT!, of the &kith Q2een, which ar.
rived yenerday from Monte Video, fpoke the brig
Holly, BIRD, from Liverpool bound to Newfound-
land, in lat. 49.. so. N. long. 34. W. out 29 days, all
well. Sailed the Argus for Corh. Arrived this
morning, the MFous4 frigate, f,om Monte Video,
having on board General WHITILOCK, whn landed,
and proceeded for London. Alfo Artived his Ma-
Chip TH,15121R, with the following tranfports
from Monte Video, viz.—

The Zephyr, Annaly; and Polly, Chapman ; and the Ado-
nis merchantman.

The following is a lift of the (hips that failed from
Monte Video, under convoy of his MAjefly's flaps
Utocoan and Tulsa!, on the 7th of Auguft, and
parted in a gale on the 22d of Oeober, viz.—
_ _

The Britißs Queen, White; Eliza, Nicholls; Nereid, Richards;
Polly, Chapman ; Zephyr, Annetly ; Alexander, White ; and the
Adonis (which are arrived) ; ACtive. Welfh ; Francis ard Re.
becca, Rohinfon; Ceres, —; Ann, ; °thorn, Howler;
Alexander, Hvard ; and the Ktro, Carey (tranfports) ; Mary
ADOP.t-•• ; aid the Rape,—, merchantmen, not yet arrived.
The following are part of the tranfports that failed
from Monte Video on the aid of July, for the Cape
of Good Hope, yiz.— •
Abraham Newjand, Rowe; Dorilbam, Lord Helton,
Pearfon ; Arid, Brown; Brunfwick, Hart,
—; and the Henry, Lumley.

The following tranfports were left at Monte Video,
part of which were under orders for the Cape, • iz.

The Coffin, Hart; Indefatigable, —; Francis and Eliza,
Forbes ; London, Flews, Coffin ; Mefrenger, ; Eliza-
beth, Anderfon ; Britifh Queen, Forger ; Watt, ; Lady
Delman. Dryden ; Bruce Grove, Sandwell; Agincourt,
Triton, Evans; Albion, Melantho,
Jen-
ninga; Ariel, Hall; John, Mundy; Favourite, —; William ,
Pitt, Smith; Chapman, —; Flora, —; General Grenfield,
Street ; Atlas, ; Helen, ; &Ilan; Lamb ; Champion,
Turner; Harlequin, Jane, Lumley; Elizabeth, Mandel 7,
Amphitrite, Clark; Ocean, Chefter; Flora, --; Truelove,
Gray ; and Monarch, Hunter.

Novawasa B.—Arrived his MAjelly's fhip Bur.
TALO from New South Wales, which place the left
in February !an; and the Succ►ss from a cruize.
Sailed his Majelly's Chips THALIA and Boazas f.ir
Guernfey. His Majetly'sthip Fitortcx is appointed
convoy for the Welward, and Hittnorrart to the
tatlward. There is a tranfport in fight fuppofed to
be from Monte Video.

The fupereargo of the flip John, freighted by W.
J. LINDEGRIN and Mr. HEATHER, of this tram, for
South America, is arrived a paffenger in the Ma.
aims. The John had difpofed of the whole of her
cargo to good advanuge, and is coming home with
a freight of the produce of South America.
DOVER. NOVEMBER 8.

One of the Danifla,Taptains and a Lieutenant in the
DutCh fervice, who was a paffenger on board a vef-
fel in this port, were taken into cuflody Lail night for
attempting to make their efcape to the French coat!
in
a boat. Some of the Danifh (hips of war and a large
fleet of veffels came out of the Downs this morning
with a fine bree;e from the N. E. but which has
(bitted again this afternoon ; and as they are nlt yet
out of fight, they will, it is fuppofed, put back again.
Pallid by the (hip Mary Ann, Captain Retairla, from
Monte Video, bound to London. Wind W. S. W.
and moderate.

DEAL. NOVEMBER 7.
Arrived the_ Balilifk, Sparkler, and Acute gun
brigs from the Baltic, Bnld and Bloodhcitind gun
brigs, from► a cruize off B ulogne. Sailed the
caine frigate for Portfmouth ; and Skylark floop,'cn
a cruize off Bqulogue.
Nov. B.—Airived the Calypfo and Kangaroo !loops

from a crnize ; and Harlequin armed 04 kern tont
mouth. Sailed the CAPTAIN, BUNT, and BRUNSWICK,
of 74 guns, with the outwardbound, Ste. for Porn'.
mouth ; and Starling gun brig, for Yarmouth.—
Wind N.W. with a light wind.

SHEERNESS, NOVEMBER 8.
A his &Reda Majefty's fhip Freya, Col
NltDr
sir Vd A
:i:
Ftl commander, to be refitted. The Attie.
rican (hip Cabinet, of Philadelphia, JoHN &slow
o
Mailer, horn thence with tobacco for London, has
met with fame (mall damage in the way from the
Downs to the River, and is brought into the Eaft
Swale, near Sheernefs, by two fmaeks. Arrived the
INFLEXIIILZ and feveral tranfports, Tome of which
are gone tip the River, but a number tem.:-
Arrived the amid) merchant {hip Narhvale.

STENO
_TEMPO, from the Greenland Fifliery,
valuable cargo of blubber, fkins, down, feathe
captured by bib Mojefly's ihip Sam and the Pi
gun brig. She is ordered to proceed to Londo
will probably fail today. The Baltic convoy Bill
remains here. The Swedifh frigate is likely to be
here Come time.—Wind S. W.
YARMOUTH, NOVEMBER 8.

Yefterday, at eleven o'clock, Admiral Es:twos-op,
in the MONOTAUR 74, with the [hips and tranfportt
under hia command, got under weigh with the wind
W. and by N. and at one were all out of fight. At.
rived the RosossoND fr igate. This day arrived de
LEDA frigate, Captain Hosts Yt44/1.
Remain in our roads, the blAismc 74, Admird
RUSSELL ; Rosaucc, Admiral DOUGLAS, Rosa
MOND and Leo* frigates, and ARCHER gumbrig.,
Sailed the STATELY, of 64 guns, to relieve the Rt.
soLtmor, Captain Buawrow, cruizing off the Dui
coalt.—The Lou& and Henrietta, of Londou, from
Malta to Hull, is arrived here, and put under qua.
rantinc...-Wind S.W.

"z••,•-•
GALLANT ACTIONS.

The 114 Batbadoes, Captain Lawn, arrived at
Liverpool on Friday evening lag, from Barbadoet,
which place the left on the 4th oitober: On the
28th Ult. in lat. 50. ea. N. long. 39. (poke the Dtike
of Kent and America malt (hips, from Halifax, for
Portfmouth. The Windfor Cattle packet arrived at
Batbadoes on the 3d ult. from Falmouth, and
brought in with her the Jeune Richard French priva-
teer, of 14 guns and 96 men, which the captured
after an engagement of two ho.nrs and a half, in
which the privateer had 56 men killed and wounded,
The packet had only 8 guns, and a 8 men and boys,
4of whom were killed and 8 wounded. The prin.
teer had captured on a former crniee the (hip Chi
from Demerara ; brig Portfea, CLARK ; Aar
rice, ; and the brig Margaret, from Berbice.--
The Portfea is fipce recaptured and carried into Gre-
nade ; the others are carried into Guadeloupe.

Wednefday fe'nnight a very gallant action was
fought in the Irifh Channel, between the Louts*
tender, of 4 guns, Lieutenant Hoy, and a French
lugger privateer:, of r 4 guns, and full of men. The
maim Liked nearly an hour and twenty minutes,
when the Frenchman fhftred off, after having killed
two of the Louisa's crew, and wounded one Severe.
ly. Lieutenant POWELL, of the Viscinia, was on
board as a paifenger, and behaved with great gal.
lantry, in affilling Lieutenant Ho; whole conduit
was worthy of a Bridal feartaan. The lugger failed
remarkably fail, and was painted black. The Lou.
ISA is arrived at Cork. Mr. HILLEVI& HUGGAAD.
Midfhipmari off' the Louisa, was (lightly wounded
in the head. The gallant crew of the Tender were
hailed on their arrival at Cork with the acclamation
of all ranks.

TRURO, NOVEMBER 7.
A Portnguefe brig of about too tons, bound from
Oporto to Sligo, and laden with wine, oranges, and
cork, was driven by the Dorm of Wtdnefday left upon
the rocks near Portreath, on the N. W. coral of
Cornwall. Captain Bums* of Swanfei, whole reffel
was lying in the pier, pu(hed tiff in h 4 bolt with fire
men to the affiance of the (hip-wrecked foreigners;
but the virile v:e of the furl ,upfet the boat, when
three of the brave fellows were drowned, and him-
fell and the two others were driven on Ihore fenfe-
lefq, but happily recovered. The crew of the
brig, confining of eight men and the Captain, was
all fared. Lord Da Domsvasviecs and Colonel
JOHN Ls molt arrived on the 'bore in time to prevent
the cargo becoming a prey to the populace. Captain
REYNOLDS'S company of Portreath artilleiy were
ambled, and affined in landing and guarding the
cargo, great part of which has, in confequence been
raved ; bin the vefrel is quite a wreck.

The three men who loft their lives in their humane
exertions to lave the Portuguefe from the wreck.
were inhabitants of Fur treath. One of them, JOHN
Clows-Netts, has left a widow and feven children.
The Swedifb (hip Prudentia, Temen, from Elfineur
to Hull, was captured on the 22d ult. by a French
privateer, off the North of England. The commander
of the privateer put ten Frenchmen on board of their
prize, and left the mate and two other Swedes to aft
in navigating her into a French port. On the 25th,
when four of the Frenchmen were below deck,
the three Swedes formed the defperate defign of
attacking the fix Frenchmen. They feized on what
arms they could, and by their intrepidity and alert-
nefs killed three of the Frenchmen, and made the
other three men prifoners below before the other four
were aware of any disturbance having taken place;
they they fattened down the hatches, put the Sip
about, and fleeted for an Englith port. In their courfe
they met with one of our Dana prizes, the Lieute-
nant of which fent Tome men on board, and the brave
Swedes arrived with their !hip in Yarmouth, on Fri•
day latt.

I

LAW INTELLIGENCE.

COURT OF RING'S BENCH, NOV, y.

CILN3 AND FORANIT D. P 11101113) &C. COVNTAT
DADA ERE; .

Mr. Gaitiow moved for a Role to fet afide the
verdia in this cafe. It was an action brought to re.
over the fum of t 8,0001. and was one of great im-
par Lance to the commercial world, and alfo of great
eonfequence to country bankers. The Defendants
were the aflignees of Dickinf'n and Co. perfons who
carried on the bufinefs of bankers in Birmingham,and
they were entitled to the fum for which they had
taken their verdiel, provided certain hills of exchange,
paid into their bank, were to be confidered as the
of the Plaintiffs, and not of the bankers.—
Cafe depended upon the manner in which the
'aei. between the Plaintiffs and the bankers was
carried on; and it is extremely different from the
manner in which it is carried on in London. To
point out !hat difference, he Should contrail the two
-nodes of tarrying on bufinefs. If bills, which are
tut yet due, were paid in by a cuflomer to a banker
in London, the London banker writ's it fhort in his
book, and dyes not carry it to the credit of his cult°.
r er, until thefe bills be paid ; not fo with the country
hanke-s, fuch as thole now concerned in the prefent
They had always dealt in this manner :
when a cuftomer came ro their counter, and made a
payment of calb or undue paper, it was deemed a
payment made to his credit. The banker exercifed
Lis Judgment as to light gold or bad notes, and the
validity of the bills, and for what be kept he gave
credit to his cuftomer immediately, uniting the whole
Sato one grofs firm, and confidering the undue paper
as cafh. If a cutlomer upon fuch an (Ideation wanted
a remittance upon London, the Banker would give
him a bill on London ; or if bt wants' a large fum
in call, equivalent to the amount of the fecusities he
thus paid, the Banker would give it him, nr would
fuffer his cutlomer to draw to the full extent of the
amount fa paid, although the bills remained undue
for a crinfiderable length of time. The Banker con.
fidered fuch bills as his own, and made ufe of them
to terve his own purpofes ; and in many in9ances,
in order to rave the expence of Ramps, he adually
gave away the undue paper, in payments to other
cuflomers, tiling a bill of exchange not due, a gui-1
nea, or a Bank of EnglAnd,ruiter equally as his own
property. The three notes whickeonilituted the fub-
je& of the prefent cafe, were not-yet_ due, and there-
fore the Plaii.tiffs then it:filled that this was money
oftheirs which they had a right to take from the
Banker, becaufe, if the bankruptcy bad not taken
place, they were not entitled to fpecie. This matter
was tried at Goildhill, and the Jury, uoi,ing in
opinion with the Judge, formed their judgment upon
the London practice, because all thefe bills were in-
dorfej when put into the banker's hands. This, how-
ever, mull necefEtrily be fo. In London, bills me
Laid in a (late of negriciation ; lint, notwithstanding
!heir having an indot lenient, a London banker would
not pine ciedit to his cuftomer for a fingle Shilling.
Be (the Comae!) was in a State to produce evidence
that country bankers conlidered thete as a grcfs pay-
ment, and that she parties charged interett both ways.
—This was not like a cafe where a bill was paid in
• agsinft another bill.
Lord ELLEN BOROUGH—" The Jury had a Wong
opinion that every perfon who pays bills into the '
hands of a Banker, pays them to an Agent, to re•
ceive money for them ; and, in cafe they give credit
for thefe bills, they will have fuit againtt that party,
by means of an iodorfement ; thefe bills, therefore,
remain as a dry depofit."
Mr. GARROW" I certainly could prove, that the
aniverfal courfe of bufinefs purfued between thefe
cuflomers and their bankers, was to pay in a grofs
Gm, and to have an immediate credit to that
amount. They rely tip .n this as calif."
Lord Ets&E NBOROVGH" It is certain that they
might have advanced money upon thefe bills, but it
does not appear that they have done fo t and, there.
fore, they come to be nothing more than a mere fe.
curity in the hands of the Banker."
Mr. Gaittow—" My Lord, I (hail fuppofe this
cafe r If A. B. has fent in to his London Banker's,
C. D., paper to the amount of moo!. while his call
account only allows him to draw for zool. a clerk of
the banker would anfwer hisdrafts only to the amount
of that zoo!. If the bankers lent their customer a
larger film of money, it was quite a different thing,
and totally independent of his call account. On the
Contrary, the Birmingham Banker, the moment his
tuflamer has paid him in bills, gives that cutlomer
authority to drow to the full amount thereof."
Lard ELLEN/M(00 Gre —" It appears that the Lon-
don Banker has a fitn on that paper, but he has not
an immediate !bit upon it. The brain One cafe and
the right of firit in the other, appear to he the fame
thing in the event of their being over-drawn."
hlr. Gaasow—,. In the cafe of Bent v. Fuller, in
; Term Kt-pots, 494, the quellion feemed to have
turned upon a payment made upon a fpecific ac-
taunt, and wtnt to raife a general credit from the
Mann it was paid in."
Mr. Juflice Butt R was of opinion, that the bills
were paid in upon a general running account.—
Rule !elided.

'Mg REV. ROB. TOWNSHEND V. PACE WADDENSWORD.

_ .
This caufc was 'lied before the CHIEF BARON, at i
the loft Gluuceler Affizes, and a verdiet was found
fur the Plaintiff in the fum of 301.
Mr. Serjeant WILLIAMS raid, that this was an ae•
Lion upon csfe for which he moved a new trial.
in eider that the queftion might be completely un-
derliond, ire would beg leave to nate the fubflance of
the deciai atiOn, which confined of two counts : the
fitit Need, that the Defendant,-intending to catch,
wound, and deNrny the Plaintiff's dogs, fet divers
engines, traps, and fnarer,• in a wood called Cats'
Alio( d, and lieewife near the footway, and upon the
adjoining lands ; and placed pieces of meat, flefh,
had other &long fmelling things, in the enginesoraps,
thatch &c. for the fpace of ten days ; by reafon of
which three dogs of the Plaintiff then and there law-
ful!) paging and repafGng in the faid wood called
Cats' Wood, along the pathway leading through it,
and three other dogs of the Plaintiff in the lands 'if
other perfons, and alfo three ether dog's in the lands
of the Plaintiff were, by the ft•ent of the faid meat,
&c. enticed and allured from the lawful highways
and other lands and grounds, to the laid engines,
trap, and !bares, and were thereby caught. The
fecend count did not vary from the &it in any ma.
serial particular. The Learned Serjeant faid, that
in his whole pi &dice he never hoard of 4 cafe of fo

brat a nature it the prefent. ft appeared in
evidence at the trial, that the Defendant was owner
of the wood, called Cats' Wood, and that he ;had
employed a blackfmith to make him vaiions faun
traps to citch weazels and other vermin, and likewife
to contingt fome traps, of larger dimedions, to de
(troy foxes, badgers, &c. and that, 'unluckily, the
Plaintiff's dogs were caught in them by irefpatling
into the wood of the Defendant ; but it did not ap-
pear that the Defendant had any malicious intentions
againft the dogs of the Plaintiff ; and on the firft
night, when the Gamckeeper fct the traps, two bad-
gers were caught.
Mr. Juftice GROS Was there any evidence
that the meat was drawn acrufs the lawful pathway
through the wood, to as to allure the dogs ?"
Mr. Serjeant WI LIA M S —g. None at all, my Lord."
—Rule to (hew carafe granted.

STEPHEN PITT V. JOSEPH GREEN•

Mr. DAMPIER find, that this was an aetion of co-
venant brought againft the Defendant, who pleaded
nose 1 faflum. When the caufe came on for trial, it
was difcovered that the piece of land in queftien was
differently called in the declaration and the original
covenant ; in the firft it was named " Alit' beer
Field," and in the Taft,'' Sellerbeer Field ;"-and the
quellin":l was, whether the Plaintiff timid not be
nonfuited upon this flight variation ? The Learned
Counfel cited, in fupport of his pofition, the cafes of
Disfh v. Lind Weymouth (Cowper 665), Drury v
Twits (4 T. R. 560), Smith v. Baker, and a cafe in
ad Bnlanquet and Puller% Reports, 28 t, where the
variation was only, that a parifh was called St. Ethel-
burg, when, in fa°, the real name was St. Ethelburga.
Lord Et.t.sisenaoucn" The difference was be-
ween the hatrie in Latin and Englith i"
Mr. DABIPIER" No, my Lnrd ; the variation
there was between a male and a female Saint."—
Rule to {hew cattle granted.