Star.
London, England, 1811-08-10 00:00:00

BOMBAY, FEBRUARY 20.

I take the liberty of enclosing, for publication in
your paper, an account of an action between the pi-
rates in the Persian Gulph, and the country ship Ma-
cauly, under my command. I am, Sir, &c.
(Signed) A. G. WATMINGTON,
Feb. 11, 1811. Captain of thu Company's ship Marauly.

For the information of Commanders sailing to and
from the Gulph of Persia, I beg leave to notice the
following circumstances :—On the Macauly's pas-
sage to Bushire, and while off Courjourn, we fell in
with four piratical boats of the largest size, who made
several unsuccessful attempts, during a perfect calm,
to board us ; we had little to fear from so few, and
easily kept them off. On our return homeward, and
while off the island of Bushrop, we again fell in with
three of the four above-mentioned boats, together with
seventeen others, hill of men, and elated with their
recent successes, having just captured two brigs and
five doors, belonging to Muscat. We first saw six on
the look out, while the remaining fourteen were at
anchor between the island Polia and the main. On
their perceiving our approach, they all stood towards
us, with the hopes, no doubt, of taking us by sur-
prize. We were prepared, and immediately hoisted
our colours, and informed them we were English, at
the same time warning them not to approach closer,
or we should be under the necessity of firing. Pay-
ing no attention to this, and commencing with their
matchlocks, obliged us to fire on them, notwithstan-
ding which, and the confusion it occasioned in some
of their boats, they continued closing with us. Our
fire now was close and very effectual, having repulsed
them in every attempt to board. Foiled in all their
efforts to effect their object of boarding us, a few of
the largest, one of which alone carried double the
number of men on board the Macauly, made a last
and desperate effort to boaid, but were again repul-
sed. lrrom this circumstance, together with various
informations we have received of their increasing
strength, there is every reason to apprehend e e
greatest danger, unless ships proceeding to the
Gulph of Persia are well prepared to resist them.—
To the determined exertions of my officers and crew,
together with the assistance and gallant.behaviour of
Lieutenant Pedlar, of the 9th regiment native infan-
try,. lam greatly indebted. Indeed, the conduct of
every man on board surpassed my warmest expecte-
tions.—Benav Casette.

~.rpt.rpolisireoio. -
r

• ORTiNc 7M►'B.iilo Nci -

a•Nrilm••••• . .
HUNTINGDON RACES—THURSDAY;AUCWIT
A Plate of .110 for Sand 4 yrs old, 9 yrs old ea:eying 'a-. ch.
4 yrs old eat. 91b.—Tie winner of a Plate, or Sw pita!' s
this year carrying 41b. extra ; if more 6111. and awi ,tor of a
Sweepstake this week carrying 71b. extra.—Szarting at the
Judges Stand, and going once round the Coot le.—fillies
allowed alb.—Two7mlle Heats.
Majlf Vortbon's lir. h. Bolter, 3 yrs old 7st. tilb. -
Lord Hinehlnghr.toke's Juvenal, 4 yrs old ao. 9b. - II 2
Mr. Peyntes b. f. Hannah, S yrs old, 7st. t ib. - 2dr
Bol.er the favourite—Won ra iiy.•
The day being wet, but little genteel company we• e
on the ground. This however, is generally the case
the last day of the Races, as the Ladies are preparing
for the Race 8311 in the eeen;ng ; which on this oc•
casion, was numerously and brilliantly attended.

• Amongst the company, we witnessed her Cram of
MANCIIESTCR, the Earl of SANDWICH ; the Members
for the County, Lord HINCHINGYIROOKE and Mr. Fa.-
Lowas ; the Members for the Town, Mr: ,11.V1111'
and Mr. FARNIER ; Gener.tl and Mrs. ONSLOW, Ad-
miral MONTAGUE, and most of the first tamili.3 in
the county and neighbourhood.

Barnet Races terminated yesterday, with a Sweep. \
stakes of 15 guineas each, won by 'Strideaway against
Arthur,.and a match between Mr. Hughes's poney
Prince and Mr. Ciarles's black poney Filch, for 5:)

. .
guineas,
.which was won by the latter.—Sixtcrn gel-
tlemen sobscribed•2o guineas etch for a Sweepstakes
in 1812, for burners, but none to start without having
been in at the death of t!,ree foxes.

YcsterJ ty an Officer of the Buffs, who has been
on a reci citing party at Newbury for upwards of two
years, teas found 'hot in a coppice, on the Andover
road. When discovered, I e was entirely lifeless.
A duel was fought at Fulham Fields yesterday
morning, betwixt a Mr. Combe and an Officer, whose
name we did not learn; when the former gentleman
was wounded in the breast in the first fire. The dis.

pure originated in a fight between two dogs belong-
ng to the respective parties.
On the 7th efJone a duel took place between G.
Poindexter. Esq. (Member of Congress fc r Witches)
and Abijah Hunt, Esq. Mr. H.'lol the first fire,
and died on the lOth. The deceased was a very re-
spectable and wealthy merchant.

It appears from the Dublin paper= ef tf.e 6th, that
several counties have held Meetings on the subject of
the late Procl.tmation issued by the Government. The

Catholics of the county of Kildare held a Meeting,
which was also attended by several Protestant Gen-
tlemen, at which it was resolved to proceed on the
Resolutions of the Aggregate Committee in Dublin,
regardless of the Proclamation enforcing the Convert-
don Act. No Magistrate appeared on this occasion
to act under the late Proclamation. It is, however,
to be observed, that this was a Meeting called on con.
sider the Proclailatien, and not for carrying into_
effect the Resolutions •which it condemns. The

county of Kilkenny met for the same purpose on the
sth; and a Requisition for a similar Me:ting in the
Queen's County, of which Mr. W. Pots is a repre-
sentative, has been signed by a number of its inhal i•
tants. Mr. GEORGE LtDWLLL, a Protestant M .g's.
trate, has written a letter to Lord MANNERS, Stating
that the Convention Act does not apply to thi Catho.
lic proceedings—that he considers them perfectly
legal—that in this opinion he is supported by that a
some eminent lawyers—and that so tar from obstruct-
ing, he will, on the contrary, protect these proceedings:

CHELMSFORD ASSME6, AUGUST 8.

THOMPSON V. LANE.

This was aeticn to recover damages for slander, in
calling the :,laintiffn- thief. The parties were neither
of them very exalted in life, the.one was a butcher,
and the cther a publican, and one slander wets retor-
ted by another. To the charge of thief, the
retorted the accusation of " Cudisf." The Lcrd
CHIEF BARON said, he supposed the jury :you'd think
rixftence si,ificit.nt damages. 'f::e F:•remau said
that is too much, a farthing will clo.
" Gentlemen," said the CHIEF BARON. goof u--
mouredly, " I stand corrected ; I was too liberal. • n

certainly are in the right."—Verdict for plaintiff—.
Damages—One Ferthing.

HEWITSON V. PHILIPS.

This was an action by the Keeper of th • C
in Rovicord Barracks against the 41 ••fondant, who was
a Lieutenant, and Riding.tnaster of a drazoon r •r-
-ment, for beating and assaulting Anne Mills, the ser-
vant of the plaintiff, by which she was so much dis-
abled, that the plaintiff lest the benefit of her services.
Anne Mills, the servant, was cal cd ; she state,l,
that she lived with the plaintiff at the Canteen, Rom-
ford Barracks. On the Ist of April, she went to the
defendant's rooms to demapd payment of a bill (.f
ag3. 2s. which was not only refused, but the defen-
dant thrust her out of the apartment with the great-
est violence ; her neck was in consequence very much
hurt, her side bruised, and she was obliged to have
medical assistance. For several weeks she was una-
ble to follow her occupations. A medical gentleman
at Romford stated, that he was called in to her on
'the 14th of April, and that he then found the livid
''marks of several severe bruises, which inJuced him to
take ten ounces of blood from her ; and she has fre-
quently coughed up blood from that period, which
was evidently the effect of the bruises she had. re.
ceived. On cross-examination of Anne Mills, it ap-
peared that she was a servant of very extensive use, an .i
, that she performed most of the domestic duties of her
master • but nothing appeared to affect her, testimony
as to the injury she nad sustained.
Mr. Serjeant BEST, for the defendant, addressed
the Jury as to the nature of the acti n, and observed,
that the only damage they ought to take into the it
consideration, was the loss the master had sustained
by losing the service of Anne Mils; for all the person
nal injury she would be entitled to recover in another
action.—Two serjeants of the regiment were called
to prove that they saw Anne Milts as usual in her
business ; and one of them said, he, the defer.-
dant's directi:in, paid his bill, on which o,:casion tl e
plaintiff shook him by the hand as Me Rl:re:ening:re
of Me Lieutenant, and said all th:ngs were now settled.
The mother-in-law of the defentiint was also called,
and she stated that Anne Mills was very abusive, and
that the defendant only put ha gently rut of the room.
The Crime' Banosr stated to the Jury, that the Me-
dical Gentleman had proved Anne Mills to have been
severely bruised, and there was no imputation on her
credit at to the cause of these bruises. The plaintd
by lay was entitled to recover for the loss of her set-
vice, and they would temperately assess the amount
'of the damages. Verdict for the plaintiff-110.

4

. ...~

that made use of by him, to tell a Court of Equity
that they were to be guided by the regulations of.
Lloyd's coffee-house. He did not doubt but the
members composing that body were very proper per-
sons, and very well calculated to perform the duties
incumbent on them ; it was, however, the first time
he had ever heard them charged with understanding
equity. Another argument of his Learned Friend's
was equally fallacious, that the greater part of the
goods were delivered ; allosifing it to bb so, he asked
for an injunction on the remainder to establish the
rig ht. With humble submission to his Lordship he
most be entitled-to his motion, without he would go
so tar and say, that the defendant had a right to en-
force the plaintiff into arbitration.
The LORD CDANCELLOR observed, that he would
not admit that either a Court of Law or Equity on
any occasion should be wholly guided by the resolu-
tions of a parcel of men who met at Lloyd's coffee-
house. This certainly was a question of much Im-
portance, as it concerned the convenience or incon-
venience of the commertial world. The impression
then on his mind was, that the motion should be
dismissed. It appeared clearly to him very, fair se-
curity was offered to the plaintiff. As to the ques-
tion, whether the defendant could force the plaintiff
to an arbitration? he would say no; but it must come
to that at last, to ascertain what loss the plaintiff had
Sustained, or it must be brought before a Jury for
that purpose. It was z new case, and it was confessed
by the Learned Counsel on both sides, that they
tread not find a similar one since the commencement
of the world. They ought not, then, to be surprised
that he could not decide immediately : he would
turn it in his mind and give his farther opinion in a
few days.
Mr. Toeff.lNS, Solicitor for the Defendant, ex-
plained to his Lordship, that the gentlemen at Lloyd's
bad been actuated by no motives disrespectful to the
Court. The Lotto CDANCELVOR said, that the Gentle-
men of Lloyd's Coffee house wished to shut out all
law, and all equity, but, fortunately, they could not.
AUGUST D.—MAXWELL V. wieeros.
This was an application on the part of the
tiff's Counsel, that securities night be delivered over
in consequence of a former decree. It seems that, in
making up the report of the decree, an error had crept
in through inadvertency on the part, as was supposed,
of the Solicitor, by which the defendant was about, if
the present motion was cpmpiied.with, to sustain an
injury to the amount of £1,300. As the error was
manifest, but the decree enrolled, his Lordship did
not think proper to accede to tie motion, nor yet to
determine the question in the manner in which it was
then before him ; he therefore ordered it to lie over to
be discussed ou a future day.
WCEK G;LDART.
Sir SAMVEL ROMILLY, (ID the first day of the Seal,
moved to have the injunction'in this case dissolved.
A bill had been fried on the part of the plaintiff, call-
ing for specific performance of a contract as to the
sale of a leasehold estate, and the injunction had been
obtained, restraining the defendant from selling iris
interest in the bill, in the mean time. The an-
swer to the question being put, in, Sir S. Romilly
now moved to Lave the injunction dissolved, on the .
ground that the immediate payment of the price, or
security for the price, at a certain period, was of the
essence of the agreement.
It appeared that on the 12th of April last, the de-
fendant, having occasion for a surer of money, rcceiy-
ed propeslals from the plaintiff, for the purchase of
the estate in qeestion ; but understanding that the
plaintiff did not find it convenient to pay down the
price, declared, that, in that event, the bargain must
be at an end, his chject in selling the estate being the
obtaining of an immediate pecuniary accommoda.
tiro. The plaintiff then offered to the defendant a bill',
of exchanee, drawn by a respectable person, for
ESf;O, and another bill, by the seine person, for A'9o3,'
making together the price agreed on tar the proper-
ty, bath payable in three m .nibs, the former bill to
he delivered on the fnllowirig day, and the latter on
that day se's:night. Qa these terms the bargain was
concluded, and the egreentent was drawn out accer-
di egly. The two bills, 'eowever, were not forth-corn-
ing on either of the d tys on which it was stipulated
that they should be delivered ; and although the de-
fendant ag zed to take the plaintiirs own acceptan-
ces, even these were denied him. Relaxing from the
precise terms of the agreement, the defendant, on the
2641 April, furnished the plaintiff with an abstract of
his title, again calling on him, both on that day, and
on the 30th of the same month, to complete the
agreement; hut, Sliding that his. applications were
uaavailing, he, on the 3d of May, wrote to the plain-
tiff, declaring the contract at an end. After this, the
plaintiff brought his action for specifit; performance
of the contract.
Mr. HART, for the plaintiff; and in support of .the
injunction, contended, that the furnishing of an ab-
stract or title by the defendant to the plaintifi, after
the period for the delivery of both the bills had elap-
sed, was to be considered as a complete wavour of,
and depar tore from, tile terms of the original bargain,
which, .letugh not thereby vacated, was enlarged and
extended, as to the term and mode of payment.
The LORD CiJANGELLOR, when the motion for dis-
solving the injunction was first made, said, that it
would be too much, at that time of day, to hold in the
Court of Chancery, that tinat was not of the esence
of a contract, His Lordship, or any other man, might
sell, on condition that the price should be payable in
six months ; but it u'ould be too much to hold, that
he should be compelled to ratify the agreement, on
receiving the price at the distance of sit years. The
desire of having the money immediately might be the
impelling cause to the contract; and the purpose of
the person selling might not be answered by having
the money at a future day after that on which he hid
stipulated that it should be paid. It was contended
for the plaintiff, that the transactions which .'took
place between the parties, after the first bill should
have been delivered, and after the second bill hhoull
haste been delivered, were to be considered as equal
to a dispensation in fawn- of the defendant, of the
terms of payment which he had originally underta-
ken. Having taken time to consider this point, his
Lordship, this day, delivered it as his opinion, that,
considering the chaffering, and going backwards and
forwards which had taken place between the parties,
it would be too much to say, that the plaintiff was not
still entitled to specific performance of his agreement.
'. Mr. HART said, his client was ready to complete
the purchase immediately, by payMeot of the price
stipulated. •

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