Star.
London, England, 1804-04-20 00:00:00

IV /Writ; AL LNTLLLIGENCE.

The Marengo French cartel has arrived at Pal.
mouth from Goree, alter a pair:age of two months.
She touched at Teneriffe for doves' and has brought
hnme Colonel FRAZEE, late Commandant at that

Settlement, and 47 foldiets, who formed thelarrifow.

Fa L . AI M& I / ./8141111 aim weritiai tM Asezaame
whet. See/rite, with Walk of sods lea. fee Whoa; the hr ale
coo bawd a K. bfellreeser, wtdch woolledetl her palest. In
ro (added? ; arrived lat Nl* with femme retleeWaffewbeei
tailed ,No the Fox cater, tilleseceeor.•• 'saw IMe Clawad Mae I

the Itsieterien, Mrs, mad dreereteli whew en se ak j
sad the Say, Moacteto. for bruins. Ambled hi Iderzervb
btiw Dem et tt gees, Oilman Cusco, hese Paseerletb, wadi
the follow* tick under coney. hoed hr Jeledee:
Tyriot, Anvil" Naliyatmethuilheo.nd. Idopoms, areas NW
Selby, thick Ike are to irk the silleultrire at Wird lib
from Celt tepid eaerey, Ash dlledvitikbpzesigh4imover
The Tandem& pocket. Doma,tome Lama the
putty —, tress America; Lod Attlee itrOmaur whet.
COATILIWORTIII. ham the Leeward limelp t mod PANIIII
iMNr-
ba! packet, Moo, bum Jasodea,with mode, are homaty mu*.
ed.—Wird N. •
PLIMOOTII Aran 111.4 billed de Peons
pm,TitamMurlhatel-
to Ma dhe Channel lea he 16 ow taa.- 042
men a die Sat. mod to ream t• dim put eat Qum:
HIND, et to gum, Cepu Aetna, tor ON* tar MINIS
vide whir maw* The Duro ommeist. ot
MI welsh pullunky from Collated Igor Y so dr
but by tabs asuldmit lie rim shompl sl bm POIMON6 d gy"
at amber here, by ehleb fedi* go dimiegthealles
sormet amid me imeousd.
Pottestmorni. Atm tap—Mtn/ the lioduesteinutfr
erubs—dtgled the Mum mum ore& eehrOT
and de Sipes Med we bid awl limetfulto

ether evelhheetse ssiaaaleiseet
Ants t outs get Ihtst the
fee the tat rap. mitt teen= gibblidloblig.
the Itterreteos lean Ceatetee
bush hue eS layabges; Thiry ara wei-Za
bosh beet theteedt.aed amain b the Deem WA 111
She es per hit. end the La et.Vinewee, yob
{event eutererd-beeeL.-Whel N. W.
Quinlan... Ants. t}—Pallei by the Taw A1beek.......
Two Inithas..fieelet teyeet+. tepee; Mt thelleetheiheath.
lesherg, bum Tomehayes. Mkt the Weems. kr. he Mgt
brenlitick ; Threes, Todd; mel Alteto tebkihet, tr Owens
Lady Ann, Martis, for Woke; Ilona. Wale, tw Ofbeskate alb
far St. Salsethe's; fee Vent; %t 4
seder, for Let; Levent,Dryiet l Heed ka.lbehoVittee
aod.yrew Aria, heyearderue.

FLOTILLA OFF Detll:OONE. -
Drat., Aran. 18.—YeRerday arrived at Dump.
nth, his Materre's Gips ILlA:seasons, bassipayam
tire, Strtrn ult. three cuttets, and the Roue Sipa
from Boulogne. The firil difcovery of a huge lady
of troops at Boulogne was on Sundaymbes there was
a grand review of at !cal t S,OOO men on the Mlle
above Ambleteufe. They remained on the grimed
from ten o'clock till paft five, and performed a greet
many evolutions. The whole of the affair was a
grand difplay of rapid manoeuvres.
The two new bafons at Ambleteufe and Vinsereux
are almoli quite finifhed, and have a coufiderable
number of gun boats in them. The opinion is, that
they will have a great advantage over Boulogne as
harbours. Fourteen gun boats cave out of Amble-
teufe on Saturday in ids than ten minutes, fo that it
appears clearly, that from the three harbours they can
knd out boo fail in a tide. It is foppofed, from the ob-
arvations made upon the force that remained in the
harbour, that about a third part of the enemy's fixht-
ing force was otundei as nearly one half of tit*
veffels are not armed.
The Lsor•asi. Etre YALVS, LIM% Suss, HARPY.
Late, Air!UY.a, FURV, Zssea, EXPLOSION VOLC.
NO, Hatter, Aectisa. ni.oonnoveo. and L
/locust
Deceits or CONIIIIItLAND, and Swattow cutters
FLY-NT-NIGH r. sod Gaaaars. Coors loggers, ware
left of Boulogne.
On Monday evening the gun boats an got under
weigh to get into the harbour. The brigs were
obliged to work up along (bore, and feeeral of them
Rays, the LIN.S. EUllf &LOS, Leas, shod
Hilary flipped. and during the coddles annoyed
them greatly. The Haley got very dole, sad taut
have damaged then. Nam of our ihips were bit
Doves, Aram to.—lt has blown Co hard fur fosse
days pall that we have had no renal news of our
Boulogne fqoadron, for though Tome ersiaefs were
at sachet in our roads, boats could not get on lhaes.
To day it is more moderate. On the isth, the lbw
(kips were off Boulogne, but owing to the whiff
dropping, could not carry the (hips iu. and the next
day the enemy bad got a large force out to prevent
them, via. ea loggers, 35 brigs, a hatches, and
two floops, of Boulogne; 23 loggers. eff Vimereur,
and 14 loggers off Andsletufe ; the Fritsch, my in-
formant, adds, were very much on the alert, and
/tented to gape° an attack from our cruisers a the
Taaraa, revenue cutter, CaptainWINIFIIING To., ig
gone into the Downs with difpatcbes to the Admiral :
ream& la our Roads. Sur frigates and tloope cf
war, with kraal gar brigs and (mall ersizer;.

A LAW INTELLIGENCE.

- • COURT OF KING'. BENCH, APRIL 59.
WAIN V. WA LTSRS.
In this cafe a very interelling and material puint
was decided by the Court, after much learned argu•
•meut by the Counfel on each fide, (Mr. Eesatisk,
Mr. Gatßow, and Mr. Lewes, for the Defendant,
in rapport of the nonfnit, and Mr. Guilts and Mr.
14aattiorr, for the Plaintiff).—The rionfuit was
etlablithed rn this ground: The Defendant prcmifed
thus, in writing. .4 I will pay 561. I.A. Hall
(due by him. by his acceptance). by half pall four
o'clock to-day " No confidetation for this under-
taking appearing on the face of this memorandum,
it was decided by the Come, that no pal ole evidence
of the agreement was admillible, and the written
paper containing no coafideration, proved only a
"white team. It moll be interening to the public
(imthe kradieg world particularly), to know that a
twomill to pay the debt of another, (hots's' not only
be reduced to writing, but that the tonicity-scion to
fappert fetch 'rewire. jboall agi. he fit forth he the writing.
TN, ZING V. BARNIT.
Mr. Fasting Rated, that a rule had been granted
to let afide a judgment obtained by the Defendant,
an Attorney of this Coast, again(! the Countefs of
Graaard s and the Defendant afterwards obtained a
atilt to kt the former one alide. In the mean time,
&shtick! ate referred to the Mailer, and Mr. Bar.
Ikett you direetedro deliver la his bill of fees. This
be tad *calcified -to do in proper time ; he was re•
eared iikessetempt. He had fine,: delivered his bill,
ant had given bail to anfwer interrogatories. If it
arns'ffefired by the other fide, he would anfacr any
'lllietiltglitoties that were deemed neceiTary, as he
.was Anions that so clOod Should hang over the
trankiiion.
Mr. GI,IIItQW fai4, he was afraid his learned Friend
luaidt. bit% fiiiiiillied.with a correa copy or die
..rev- .tbelbifendantbed been ordered aot only to
idefiterbia Mil of .cods, but fomething elk which he
• :.,;.,i . inclined to do without being feat into
'''.4‘,"%via Office 4 be 1114 been ordered to deliver'
'% - ''!" ..:I,.anci to eis uO4-• for all luau be had
received. To this hour he had refuled,to-criaforst
tura* 4 and, infat, every piece el/information
helplp to!the griefkifste ktepillel to be frirced from him
tilts fee
zrt =blood. ' '
waked bk.papiet to anfwer imam-.
i,,, and :with that view he was !worn.
n (*hasty's. joists. •
p ~'li rule:ef fair tertn,-to fet sfide the vet,
ma wes(ait. It war an affirm againfi
the . tibial of the Killed Bench, firr fuffering a lady
-al* ipsof af D'Enonville to eicape from his cur
rdf. after laving been delivered into his leering,
y a writ of Habear, Corpus, and a committiter eta.
closied thereon, by /*lr. Jutlice Le Blanc, at • Cheun.
bery. - The thelaration Rated there fairs, and aver-
red it would appear by the record now in Court.—
To ftipport this, the writ of Habeas Corpus, with
-the fignature of the Judge, was produced at the
alai. The mullion which afore was, whether this
Inuit was a record or not 1 By the comic of pra,llice.
as has long prevailed, when a prifottcr is removed
by Habeas Corpus, in vacation, into the cuflody of
Mat'
the Maiall, the writ, with the committiter mai ked
thereon, is fest with the prifoner, and remains with
the Ma;.thall or his Deputy.
By Mr. Gilts end Me. MARRYATT ...t was argned,
that the writ being then in the polfeilion of the Ofti•
wet of the Court, It was virtually filed, and became
matter of record.
On the other tide it was contended by Mr. GAR•
pow and Mr. burial., that it was not a record un•
ill it came in the rolls of the Court ; and that the
aO of a tingle Judge was not matter to be recorded
until it was fandioned by the Court.
The Court thought that this was a cafe of coati.
doable difficulty ; but Lord Ext.sasoaouaa lens
rileboird to think that a laxity in
into the proper re-
politory. and that they were not records until pro-
retly recorded. The Court laid, they fhnultl take
,1
further -time ha confider of their judgment.
TIIII LIMO V. 110)•TUN•
'll.e Defendant was brougbt up to receive
.iadg-
sner.t. He had been canvifted of wilful and corrupt
reiviry, ire fo caring, in anfwer to a bill in equity
- tiled aeattslt :.'in fir (.1'41v...te1l of evidence, that he
Cod not receive in Flytetvitt a firm of eighty-c,
r „rd„,i,„„;.„a to live been v.:id to bin) by the
wits of Di iKK., for which kiln nirs I, ~J been r„
nnlititie.Sing and iticatitiot . us nrit to take i. 15 receipt
sit the time. Boitou bionght an anion at tai., as if
n.s loch fun, had been pat.!. SAl.l4.llinr y roof 4
she payment sod of ilic petjttry basing b-el ad,:tle

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brnright to' try the right of the Plaintiff,'.toll for
commercial r,und. (not belonging to palfengers) car-
ried fom and through the town of Carline. Their
tight by charter and prefcription to receive toll for
fuch goods conveyed on fingle pack honks, or in
carts drawn by one or more honks, was not clifput.l
ed it was thus proportioned—one penny a hot f for
I each packhorse laden with goods, twopence tor a
cart In laden drawn by one horfe, fuurpence for one
drawn by two horfes, and after that number an ad-
ditional tuppence for each lstre.
11,1efTrs. NUE, thiLttlYD end Hueincx, in fup
Fort of the vcrdiet, contended, that as it appeared
in evidence, ai reported by the Learned Judge, that
no such toll had been claimed for goods conveyed in
',age coaches for fifty years pall (except a claim
which was made about fifteen yews ago, denied and
dropped) the Plaintiff could not rely on the ground
of proesiption and ufage ; and it was reafonable to
infer that coaches have always been exempt from
this charge., inafmuch as the number of horfes was
the criterion by which the rate of toll was appreci-
ated as to carts, becaufe it was to be prefitmed that
the greater number of horfca were required to draw
the greater quantity of goods, but that could not be
the cafe with refpeEl to Rage coaches, there might
be four or fix horfes to a Rage coach and not more
than one parcel of goods, and it generally happened
that more commercial goads were conveyed by a
tingle horfe tart than in a Rage coach drawn by four
holies; it would be therefore unveafonable that the
coach fhould be charged I3d. toll, and the cart, more
heavily laden, only ad.
The Learned Counfel admitted, that if the Plain-
tiffs were entitled to a toll on goods generally, the
verd.el ft-r the Defendant, which they were to fop.
port, might be wrong ; hot it was only a toll Ail ;no-
do. In this cafe there was no evidence of any fraud
or evafion. The dageacoaches conveyed goods fub-
ordinately and incidentally, but they were fitted up
and intended for paffengers.
Lord ELLENHOROUGH laid, the fubflantive right is
a toll for goods—admitting that no claim had been
made for toll on goods carried by fine coaches, that
may be accounted for varioufly. It has happen-
ed but very recently that Rage coaches have been
converted into vehicles for the carriage of goods--
and even the number of nage coaches is much in.
created of late years. In the Hiflory of Cumberland,
by Burns, it is mentioned that Bifhop Nicholfon had
been obliged to walk as far as Stamford before he
could get into a Rage coach with the Nobleman to
whom he was then tutor. But if any vehicle, whe-
ther cart or coach, or barrouch, or by whatever name
it may be called, carries goods on which there is a
prefcriptive right of toll, the party entitled to it has
it right to receive it—not from the proprietor, as has
been contended, butifrons the carrier, the perfon with
the goods. The Court was unanimous in letting afide
the verdia.

... DONT V. SIR ANDISW DAYNTOM.

During all term we gave an account of the par-
ticulars of this aaion againfi the Defendant, as She-
riff, for a fable return on efforts in the poffeffloo of
Lord Arundel, to the amount of 24001. A verdisl
had been obtained for the Plaintiff, under the direc-
tion of this Court, and application was now made
for a new trial, on the ground that the return of the
Sheriff, of nails hoes, was correa, in as much as the
property was veiled M the traces of the Coussefa
of Arundel, for her nfe, on the occafion of her mar-
riage on the 24th of April, 1764.
Mr. Gaitaow, in fupport of the verdilt, contend.
ed, that the right was not in the truftees, and that
they could bring no attion of trefpafs :—that whe.
ther they had taken into their confideration or not
the nature of the deed, if it could now be fhevm to
be fraudulent, which he conceived he could do, it
would be imneceffary to diflatb the veiclia.
Lord ELLINIOROUGN." I think, on the prin-
ciple of the cafes ofCadogan and Kennet, before Lord
Mansfield, and of Kydd and Rawlinfon, before Lord
Eldon, it may be right again to fubmit the cafe to
the revifion of a Jury. Take a new trial."

COURT OF COMMON ALFAS, APRIL rt.

THOMPSON V. ORIPCS.

Mr. Serjeant Dtvr moved to fet elide the verditt
obtained by the Plaintiff in this caufe. The tallow
Was brought upon a policy of a (hip infurance. It
appeared when the Ihip put to tea flu was very
leaky, and the day following made fignals of dif-
trefs ; upon which the carpenter and mate of another
yadr went on board, and found feveral holes in her
fides, the pump In cloaked up, as if purpofely, with
fmall coal, as to render it ufelefs, they were obliged
to cot a great part of it away-; and the pump well
was removed, :us was fuppofed by the Captain, from
mercenary motives. On the day following, though
the weather was very fair, the funk. It had been
fivorn on the trial below, that flue had been caulked
at Oporto tome time before, upon which the Jury
found tor the Plaintiff ; but no Wand's, fare the
Captain, being produced to prove this tad, the Court
granted the mcition.

SMITH O. VINOR.

This seas a motion to let afide an award made in
Chit Cid the Defendant W 33 to deliver .e certain
titlatitity of peas on bo.trd the (hip Newcaltle, and
the only ciuedien was. as t• the late delivery on
board. To prove this, the Captain's receipt was
proJnced, and the arbitrators made their award in
favour of the Defendant ; but upon the receipt
being tpiellioned, and invelligAtion •tAking place, it
appeared the peat were put on board a lighter, and
her coming along tide the Chip, the Deferidain
oldained a receipt frorn the Captain ; the lighter
funk loon after, and a great tinAntity of the peas were
hot). The quellion then wAs, as to the negligence of
the Captain ; butt the parties liavit.g already made
their clenin.i, the Cm: t ordered ue award fnould
go t• Ti' tie at LitrATOTS for amendment, and the
m ti ,n to IlAnd over tit.til to-rtierrow.

Glengary. at.d Lettcrii:Ocy Eat..arinn
c,,rnmandtd by C,l,•nd A. lkinc-
-1.-%F.:.1. Wa* d Lazg:in Ac-
" t!,.c sth i-U,41.t, by Lictit.•
I:.ll!eiing otEccr.
••" ' "

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