Star.
London, England, 1807-11-04 00:00:00

NAUTICAL IITELLIGENCF.

PLYMOUTH, NOVEMBER 2.
: -Came in the Jafon, Captain Futtraor, from
Oporto, with wine, for this port : the failed with the
lillecrssus, of 32 guns, and Patetrur gun brig, in
company with 43 fail of merchant (hips, the 16th
Oetober, and parted from them Saturday evening off
this port. The greatea exertions are tiling by the
Britifh merchants to get away from Portugal, with
their families and propetty; a great number of whom
are in the fleet. Came in the French (loop Jeune
Eleanore, from Qiiberon, with Sib, prize to his Ma-
jefly's (hip GiSILALTAItt of 84 guns; French lugger
privateer la B,hemienne, of 2 guns and 45 men, cap.
cured by the Novae, of 18 guns : (he failed a few
days fince from St. Maims, in company with r+
other privateers of the like chfs ; fo that without a
(harp look out on the part of the Britifh cruizerr, the
trade of this country mull fuffer by thefe defperadoes.
Came in •the Bremen (hip purge Henrich, Captain
Wirrvar, from Charleßon, with rice and fugar, de.
tained by the Alert privateer ; George and Mary,
Captain HreTTi from Buenos Ayres, for London,
r :
wr copper, batk, Ice. ; Naactssus, of 32 rnss.
from Oporto : the is Rated to have a quantity o Bd.
tifh property on board : alto the Cormorant, of 74
guns, and the Coarranct, of A 4, from off Rochefort.

PORTSMOUTH, NOVEMBER 3.
—Arrived his Majefty's lips ALNICO'S, Bows,
and VArtcus, from a cruize ; and the fitHoosTax,
from the Mediterranean, with a fleet under convoy;
among them are the Neptune, --- ; Britannia, Ro.
arwsmc; and the Suffolk, MoRNs. Arrived alfo the
General Eaton, —, from Tonningen, detained by
the Deer sa gun brig; Willimina, ODDARTS, front
Peter(burgh, with hemp, detained by the Laußstr.;
and the Henrietta, LostortußsT, from Guernfey,
with the Infs of anchor and cable. Left night it
blew a heavy gale at welt, and continued all night;
leveret nails drove, but no material damage bar
been done. The Recovery tranfport,Capt.BALMANN
was driven on thine. but got off with little damage.
A (hip in Stoke's Bay 101 l her foremafl, bowfprit,
and tome leffer damage' was done to the (hips in the
harbour. Arrived yesterday the Peace, BUTCHER,
from Oporto. His Majetly's (hip FERVENT will take
the veffels which arrived from thence yefterday, un.
der convoy, to the Downs. Wind W. now moderate.

DOVER, NOVEMBER 3,
The wind during the whole of latt night blew very
violent froth the S. W. accompanied with fmall ►ain,
and I am forry to fay it was fatal to one fhip.—
The brig Santaritla, Captain Ms SOUZA FERRARA,
of and for Viana," from Riga, with a cargo of flax,
failed from this port a few days finite, on her voyage
(having put in,-here windb'►und) .with a fair wind,.
which however did not lag long, and the was obliged
to bring up in Dungenefs Road, from whence the
was drove during the gale laft night from all her
anchors, and her fails being blown to pieces, the
Captain tried to put her on (bore in our bay, but
having no fails let the would not Iteer, and drove on
Chore nn the point of the Sonth Foreland on a ridge
of rocks ; the crew fortunately got fafe on (bore by
the affillance of fome people who went from hence,
and this of ernonn the is gone all to pieces, and very
little of the cargo fared. Sailed the chip Ceres, of
London, Captain TAYLOR, to the Downs, to wait
for convoy, being bound to the Well
Wind W. aLd blows Rrong.

DEAL., NOVEMBER 3.
Lan night, it blowing very hard, the Stip Faiths,
Fowl- roafier, from Nescafile, bound to Jamaica,
cut from two anchors, while lying under Dungenefs,
to prevent her driving on !bore ; the Deal brumes
have carried other anchors off to her to replace them.
Arrived the SKYLARS (loop, BOLD gun brig, and
Nos: ;lotus fire verfel, from a cruise off the Cosi
of France.
In the Downs—Fri/leers of Orange, Vice Admiral
RowLsr ; Pompee, Vice Admiral ST•Nlinlik j Ca•
nada, Valiant, Captain, and Ruby men of war;
Skylark, Royalill, and Trompeule (loops of war;
Bold, Niter, Virago, and Bloodhound gun brigs;
Harlequin armed fhip.—Wind Weft, fedi breeze.

YAMOUTH, NOVEMBER 3.
The following is a correet lilt of the (hips remain•
ing in thefe Roads, siz.—Majellic, Admiral Rua.
SELL ; Roebuck, Admiral DOUGLAS ; Minotaur, Ad.
miral ESSINGTON ; Maida, Mars, Hercule, Nara%
Agamemnon, Defence, Alfred, Stately, and Cen•
taut; Survcilante, Cambrian, and Hufftr frigates;
Defiree, Cruizer, Difpatch, Ringdove, Leveret, Vs.
lourous, Havoc, Oberon, Nightingale, Eclipfe,
Archer, Flamer, Pigeon, Erma, Bruizer, Thralher,
Crane, 'Claudia, and Swan cutters.—Several fail of
Danilh men of war, and about zoo fail of tranfports,
remain wind bound. _ _

Mr. FI.IIILnNGER, Mailer of the Daniih (hip
Waldermer, late of the INFLEXIBLE man of war,
was unfortunately drowned as he was taking found-
ings in working into thefe roads on Sunday lak In
him the navy have 101 l a very deferving Officer.—
Wind W.

FROM LLOYD'S LIST.
Ca tot sex NOV. 3.—Pared by the Juno, Warner. from Co-
pet.hagen. Sailed the Elizabeth, Stephenfon ; and the Britih
Queen, Wardlowe, for Jamaica.
ARRIVED,
In the Downs, the Longley, Thompfon, from Peterfburgh; the'
I ins, —, from Lifbon • the Ceres, Morgan ; and the Speedwell.
Harrington, from Waterford-At Dartmouth, the Swift, Canning;
and the indefatigable, from Oporto—At Betio!, the Finan-
cier, —, from ditto—At Liverpool, the Catherine, Wall, front
ditto....At Aberdeen, the Evergren, Booth, from Petedburgh.
DISTRIBUTION OF PRIZE MONEY.
The Druid, for the Pandour, captured sit May. and Swanen,
captured the ad July, xBo6, will be paid on her arrival at Cork,
and recalled on Wednddays and Fridays, at No. I, James lirect,
Adelphi.
The Conftance, for the Becquet, captured 9th May, add, will
be paid .uid recalled at No. a, James.ttrcet, Al' tphi.
will
lie Warrior, for the Ranger, captured id Augult, aeS•
be paid on her arrival cff Plymouth, anti recalled at Mr. Hunt's
Deice, in that town, on Mondays and Thutfdays.
L'Algle, for the Juffrow Alida, captured t9th April, !Sod. and
the Margaret, captured lath March, tlio7, will be paid onboard.
on• Friday next, and recalled at Ms,.),..ockyer's, Plymouth. na
Tuefdays and Fridays.
l'uefday fe'nnight, a floop bound from Dublin to
Wexford, laden with merchandize, Renck on one of
the fmall ifland, in Dub in bar, near Dalkey, called
the 'Anglin., and almofi inliantly went down, when
two of the three-men of which ihe crew confiaci un•
fortunately perifhed ; the other fwam until he got
upon the rodeo, where he remained all night, and in
the morning, when his unhappy fituation wa; dirco•
vcred, he was brought on Illwre.

LAW INTELLIGENCE.

COURT OF CHANCERY, NOVEMBER 3.

OIFR♦ RoUSI.

On the motion of Mr. Haar, the hearing of the
quetfion relative to the management of the Opera ,
Honk, which flood for the first day of next term,
was ordered to Hand over till the firft Thdrfday in
term.
GAMBLING DE8T3.....-MILTNORT V. LAW ANb ASPY.
In this cafe, an injuntlion was muved to reftrain
Mrs. Law from certain proceedings at law, grounded .
on two written notes, or acknowledgments paffed by
the Plaintiff to her hufband, in his life time, for feve-
ral faros of 2501. and for 2601. which notes The
found among her huiband's papers, and which the
bad put in fuit, in her capacity of executrix to her
deceafed hufband. The Plaintiff filed his bill for an
injuntlion againft the proceedings at law, on the
ground, that the notes were illegal and void, as
gambling fecurities paffed by the Plaintiff to the De-
fendant's deceafed hufband, for monies loft at play,
or rather as acknowledgments from the Plaintiff to
the Defendant's hufband, for the balance of cath re-
maining in the Plaintiff's hands, as the holder of the
bank at the game called Rouge a Aoir. There had
been formerly a demurrer filed to the original bill
filed in this caufe, and the demurrer was allowed on
behalf of Mrs. Law, who could not be compelled to
anfwer to the charges of keeping a gambling houfe,
as, by admitting that fait, the might be &Nett to
legal puuifltment. The bill flood now amended.
Mr. Acmt argued for the Plaintiff, explaining the
minutiz of the game ; but his Lordfhip obferved (ax
ormerly on hearing the demurrer argued), that he
till remained uninformed about the true nature of
Rambling, but confidered that there was abundant
smatter for a Jury to confider in this cafe, and he
would, therefore, not prohibit that tribunal from -at-
certaining, by their verdict, the fans 'of the cafe.—
I The injunaion was reflled.
__
BOWLS V. HAYSAND °THUS.
_ _

Sir SASIUEL ROMILLY, followed by Mr. HART on
the fame fide, moved the Court this day on behalf of
the Hon. Thomas fillies, now or late a prifoner in
the King's Bench prison, for a continuance of an in-
junetion by him obtained againit the Defendants'
proceedings at law in this cafe. The circumflances
Rated were, that the Plaintiff being in great difirefs
and embarraffinent about the year 1804, entered into
a trail deed for railing divers rums of money, at the
high and exorbitant intere( of paying, or caufing-to
be paid, four times the (um borrowed upon the oc.
currence of any one of the feveral contingencies in
the deed contained. Thole three contingencies were
the death, without iffue, of the Right Hon. Lord
Strathmore, the Plaintiff's brother, on the Flai!ttiff's
coming into poffeffion of Lord Strathmore's elates,
which the Plaintiff is heir in tail male in remainder,
or in the event of the death of the Plaintiff's brother,

the Hon. George Bowes, without iffue, who was
then in a dying (tate, for he died in December 1806,
ten days only fubfequent to the tranfaaions, which
grounds the prefent proceedings on Mr. Bowes' re•
turn from the Ifle of Man in tRo6, whither he had
retreated in Re+, owing to his pecuniary embarratr-
Itsent, where he met with the Defendant, or rather
with a Mr. Hill, who aged as agent or procurer of
the money in quellion for the ufe of the Plaintiff.—
The firm agreed to be advanced to the Plaintiff was
only soolb which he had not however alually re-
*Wed, and he was to pay the fum..of aoool. upon
my of the foregoing contingencies, one of which
took place io ten days after the prefent Defendant
had come into this contra& fur he was not at firfl a
party to the croft deed. The Learned Countel Rat-
ed, that the Plaintiff was at that time heir in tail to
Lord Strathmore's eftate of 30,0001. per annum ; to
another eflate of ifi,oool, a year, and to a• third in
Scotland of I 2.,0001. a year, of which tali the entail
tould not be barred, and of cotnfe that tire rifque of
thelender was not in reafonable or juft ptoporticm to'
the tnormoui gain of four times the funs agreed to
be advanced.
Mr. RICOARDS, for the Defendant, argued that die
prefent was a bargain depending on a contingency,
which might never have happened, and which if it
had not happened, his client mull have 101 l his 5001.
in which cafe his Log &hip would never have heard
of Mr. Bowes. The Plaintiff had received from
the Defendant a good bill, which the learned Coun-
fel contended was the fame thing as if Mr. Bowes
had had the money in his pocket. It was impoflible
for the Court to tit fur the purpofe of weighing in
fcaleb the value of chances and contingencies. It was
not a fair way of viewing the cafe, to take it now af-
ter the continpeney had occurred; it ought to be
vientd as if George Bowes were flill alive, likely to
matey and have children. The tranfaaion might
teem monk= now, but it was not fo at the time
it tovk place.
The Lotto CHANCILL'iIt was of opinion, if the
argument of Mr. Richards was good for any thing,
that it amounted to this, that where there was a
contingency, the Court fhould not interfere, not
merely in a cafe where the fccurity taken was four
times the amount of the advance, but were it even
four hundred times as much. The praCtice of the
Coutt,however, had been differept. He was of opi-
nion a very enormous advantage had been taken in
this cafe, and, therefore, continued the injunction till
the tank fhould be heard.

COURT OF KING'S BENCH, NOV. 3. '
SMITH V SCOTT. ..
This is the long depending caufe of the Welt In.
du Dock Company. When it was called on, it ap-
Peared that only three of tht Special jurymen were
IL) attendance, on which the ATTORNEY GENERAL.
declined praying a taro, as it was a caufe of fuch
im-
taenfeimportance, both to the Company and to the
Some idea may be formed of the magnitude
of there concerns, by what has been already (tailored
ill the courfe the legal proceedings we have had
keafion to detail in our paper. A thort time lince
•e gave the particulars of an at lion for lighterage
Oki per hogihead, charged in certain cafes of (hip-
root. The refult was againft that great commer-
cial indication, and we are informed, that it would
mike a difference in their annual receipt to the ea-
I tent of 350,0001.

HANNAM V. HURRY.
After this caufe had been opened at fome length,
by agreement between the panics, a verdift was
taken for pool. and the quantum of datnages was re-
ferred to the Foreman of the Jury.

,WILSON W. THE LONDON ASSURVICE CAMPANT.

'chic cauk was .dbferred, on account of not having
a fufficient attendance of Special jurymen.
RUCKUS AN'D LUSNINGTONS D. JOHN AND ABRAHAM

•TKINII.
The Plaintiffs are merchants, at No. 29. Mincing-
lane ; the Defendants are merchants, at No. 1, Wal-
brook. The former are owners of the fnip Clio, and
the latter of the. Anna Maria Catharina, both in the
Wen India trade.
The ATTORNEY GENERAL flared, that this action
was brought for the damage done to the Clio, the
haying been run foul of by the Defendants' fhip.—
They were both deilined to the Weft Indies, and,
having failed from the Downr, had reached Portf-
mouth, where the Captains had both of them receiv-
ed. inftruCtions from the Commodore, under whore
convoy they were to proceed. They afterwards went
to Torbay, and the accident on which this fuit was
founded, occurred as they were leaving that harbour.
The whole caufe would turn upon the fad, whether
the Captain of the Defendants had faithfully Were-
ed the failing inarudions he hid received ? if he had
acted confillently with them, the Defendants were
not liable ; if ntherwife, they mull be refponfible.—
The part of the inftrudions to which the Learned
Counfel referred, he would take the liberty of Rat-
ing : to guard againfl the danger of (hips falling on
board each other, it was ordered that the (hip on the
(larboard tack fhould keep the wind, and that the
(tip on the larboard tack (hould bear up.
(Models of two :(hips were produced, to affill in
explaining the refpedive fituation of the veffels.)
The Clio was on the (larboard tack, and the other
on the contrary tack, both of them croffing to oppo-
ate fides of the bay. In this pofition, it was the
dirty of the condudors n 1 the Clio to keep the wind,
and of the Anna Maria Catharine to bear up. The
latter did not corform to the inftruftions, notwith-
'landing the whole crew of the Clio, excepting the
man at the wheel, called nut from the forecaftle to
warn the crew of the other veffel to bear up. The
eonfequence of the neglect was, that the larboard
I bow of the Clio was driven in, and damage was
done to the veffel in other refpefts. Never was a
plainer cafe (late& and the only queftion the Jury
had to decide was, if the Defendants under fuch cit.-
comnances were anfwerable ? The veffel which bore
up in fuch cafes went out of her courfe, and loft a
little of her way ; and, on the contrary, that which
kept the wind, preferved her diredion uninterrupted-
ly. It was neceffary, therefore, that tome rule fhould
be prefcribed by which mariners fhould know with
certaiwy which veffel was entitled to retain the be
nefit a the wind. The Learned Counfel could form
tome idea of the defence intended, becaufe a few
witneffes of the Defendants had been examined upon
interrogatories, and he had teen the proceedings un-
der the commiflion. One of thole witneffes had laid
that the fhip Anna Maria Catharine was working out
of Torbay, and that the miffed flays, although every
exertion was ufed to put her about, and being thus
ungovernable, this veffel did not run foul of the
Clio, but the Clio ran foul of the Anna Maria Ca-
tharina. All his witneffes would agree that the (hip
of his clients was on the (larboard tack, and that of
the Defendants on the larboard tack. He fhould
proceed to the proof, and t nno doubt would re
lit
main on the minds of the Ju .
Captain John Fergufon' who commanded the
Clio, Paid, that be failed in March, rBo6, bound for
Tobago; under convoy of the Cerberns, Captain
Salon, from whom he received his failinginftrultions.
lie law We:Defendants' (hip at half a mile diftanee,
as they were leaving Torbay. He hailed her, as the
bore down upon him, but no attention was paid to
him ; and the corircquence was, that (he ran aboard 1
of him,- and his larboard bow was (love in.—Johnfnn
and Dennis, two mariners, depofed to the fame effect.
The failing infirtglions were produced, and being
read in evidedce, appeared to be conformable to the
natement of the Attorney General.
Mr. PARK Paid, that if a verdi9 (hould be given for
the Plaintiffs, the Gentlemen of the Jury would be
(pared the trouble of afcertaining the damage, as the
parties had agreed that it fhould be fettled out of
Court. He admitted the intlruftions, but contended
that the accident ayofe from a caufe which the Cap
fain of the Dsfendants' (hip could not controul, his
veffel having miffed nays, and, in confequenee, be-
come ungovernable. It was a Dutch veal, and
therefore not fo manageable as (hips built t Britith
docks. On account of her awkward conarnetion, it
was neceffary that (he fhould make an additional
tack, to extricate herfelf from the harbour, which, by
1 the infpcBion of the map, would appear to be of
difficult exit, in proportion to its convenience and
fecurity in other relpeds.
Capt. Lindley, of the Anna Maria Catharina, de-
poled, that his Mate having lung out that there was
a (hip on his lee, he came round and hallooed to the
Clio feveral times, " Ship a-hoy, put your helm
down." Twelve men were on deck. He Paid to his
people, "that man mutt certainly fee I am not ma-
nageable, and he will not put his helm down."
Being crofs-examined by the Artniesv GENERAL,
he Paid, that he had miffed nays, and that the Clio
came to him, and bore down upon him in that fitua-
lion. At firft he put his helm down in flays. and
when the had (tern way, he put her helm up. When
he was preffed as to the caufe of the accident, there was
Come incontinency between his teftimony in Court, and
the contents of a letter he had written on the fubjed.
Paton, the Mate, and Neal Spragg, a mariner,
were next examined ; and after a thort ohfervation of
the CsiFF Jurrics, a verdict was found for the Plain-
tiffs, the quantum of damages to be determined by
Mr. Bolland. EP
BURDEN V. THE CORPORATION OP THE •SHBY DE