Star.
London, England, 1810-06-27 00:00:00

mounted.

APRIL 13th. We had in the whole 5 howitzers, six
mortars, and nine guns mounted, which kept up a
heavy firing until the 16th, at mid-day, when a flag
of truce was sent out of the Castle, and in the even-
ing a capitulation took place.
Avail, 17th. Early in the morning onr troops took
possession of this wretched ruinous Castle ; the houses
are ruined, as there is not one habitable; a`shell fell
on the 13th in a church which contained their bread
magazine, when the whole was destroyed, which
hastened the surrender. Most of the guns were
injured or dismounted ; they hal three mortars which
dismounted, and as the place could not be de-
fended any longer, the French General was perfectly
justified in giving it up. Our tars are very sorry for
it, as they have now had a month's holiday (as they
call it) on shore, and wished to have remained a

month longer.
The French marched out this day from the fortress,
having previously grounded their arms, and embark-
ed on board the transports as prisoners of war, with
the exception of the General and Officers, who are
allowed to return to Italy on their parole. The pri-
soners go to Malta, and are a find set of good-look-
ing soldiers. General Camus did not appear in the
square until after the French Garrison marched out ;
the reason assigned for it is, that five months pay
was due to his troops. It is said he kept himself
mostly in the bomb-proof.
APRIL 18. This day Major Clarke, of the 35th, died
of his wounds; he is the only one of the wounded
that has died.
During the siege the French had one officer and
25 men killed, and 82 men wounded. The British
had one Quarter-Master and 22 men (sailors, soldiers,
and marines) killed ; and 130 ditto wounded.
APRIL 19tli. The French Officers embarked to-day.
LOCAL Micerm.--,Several doubts have lately arisen
whether any Officer, Non-commissioned Officer, or
Private in the Local Militia, can be tried or punished
after the disembodying of the reginient,..batralitittiorl
corps to which he, muy belong, or Th period Of m6O
in g and exercising-of such regiment shall have ew4
pired, or the same shall have been dispersed after tltq
suppression of any riot or turnelt, for 414;cifretikq
committed during the period of such regiment
embodied fortraming and exercise, or assembled for
the suppression of riots and tumults. To remove
these doubts we insert the following ; 13'y the New
Act concerning the Local Militia, It is enacted,

" 'that every Officer, liott.tommissioned °Stet, or
Private of anylliectl who shall, during the
period. of the.regintent,.battalitia, or corps, to .tvhicli
he belongs,• being-embodied for training and exercise,
or assembled for the suppression of any riot or tumult,
have been guilty of any offence against any act in
force for the punishment of mutiny and desertion, or
any articles of war made in pursuance of any such
act, and shall lave been put un:lzr arrest for such
offence, or shall have been reported to any Officer of
the regiment, battalion, or carps, to have committed
such offence before the disembodying or dispersing of
the regiment, &c. may afierwark te tried by any Ge.
neral or 'Regimental Court Martial, ant!, if found
guilty,may be punished for stir': offence, although the
regiment to which he belongs shall not then he em-
bodied, in like manner as any officer, serjeant, corpo-
ral, drummer, or private man of the Regular Militia,
may be tried during the period of the Regular Militia
being assembled."
On Monday, the 23'tli inst. the Cambridgeshire
militia, which have been quartered in London and
the neighbourhood for several weeks, marched from
Barnet and Hatfield, on their route to Hull.
Thursday and Friday last, the 2d battalion of the
52d Regiment of the line, marched into Ashford bar-
rack from Chatham.

The 38th P.egiment of Foot, at Shorncliffe, are
vnder orders for embarkation.

LAIV IAVFELLIGENCE.

COURT OF SESSION—FIRST DIVISION.
EDisnußciii, JUNE 23.

Roxatmon CAusx —Thursday last the Court give
judgment on another plea in this important case.
The right to the great Roxburgh estates, it should
he known, depends upon the interpretation of a clause
in the original deed of entail, executed by Robert •
Earl of Roxburgh, in 1618. By that deed, the Earl,
having no son alive, had called to the succession Sir
William Drummond, his grandson (by a daughter
deceased), on condition of Sir William marrying one
of :11iis bur grand-daughters, the daughters of his only
son, Harry Lord Ker, deceased, and the destination
extended to the heirs-male of the. marriane. Sir
William Drummond (who was a son of the then Earl I
of Perth) accordingly married his cousin, Lady Jane
Ker, the eldest of Lord Harry's daughters, and be. ;
came the second Earl of Roxburgh. The succession
has continued in the persons of the heirs male of this
marriage down to the death of the last Duke, in!,
1805, the family having got their title extended, by a;
patent of dukedom, in the year 1707. By the entail!
in 1648, Earl Robert appointed, that, failing heirs.;
male of the body of Sir William Drummond and
Lady Jane Ker, (and these were extinct at the death
of the last Duke) the estates should belong to the
eldest dochter of the said umql. Harry Lord Ker, with-
out division, and yr heiris male, she always mareing,
or being married till an gentleman of honour!. and
lawful-descent, wha sail perform the conditions above
and under written : qlks all failzeing and yr s:tidis
Hires male, to our nearest and lawful airis male
qtsomever." .
Upon the death of Duke William, in 1805, there
were several competitors for the estate. Sir James
Innes claimed under the above clause, as the direct
descendant of Lady Margaret Ker, third daughter
of Lord Harry ; as did also General Ker, as the heir
male general of the first Earl Robert. Mr. Bellenden
Gawler also claimed, as having got a right from the
last Duke William, who, having conceived that the
en:ail terminated in his person, had disponed the
estates to Mr. Gawler. A vast deal of litigation fol-
lowed on these competitions.—The Court of Session
ultimately determined in favour of Sir James limes,
and this decision was iiflirmed, in effect, by certain
resolutions of the House of Lords.

Lady Essex Ker, the eldest sister of Duke John,l
who died in 1804, had made a claim to the title in
the Committee of Privileges. Her Ladyship now
brought an action in the Court of Session, to have it
found and declared that she had right to the estates
also, in virtue of the above clause. Her principal
plea was, that she was the heir female of the family,l
(of which there Was no doubt), and that the term,
" eldest daughter," used in the above clause, was, in',
the law language of the time at which the entail Vas
made, syn.minions, or of the import with 44 heir
female." Very ingenious papers were put in upon
this plea, and long pleadings took place about a fort-
night ago. On Thursday the Court, after full opi-
nions from each of the Judges, gave judgment, una-
nimously repelling the pleas of Lady Essex Ker, on
finding she could not claim the estates under the entail.

COURT OF KING'S BENCa, JUNE 26.
GLADSTONE V. GILDAKT.
A special point had, in this case, been reserved for
argument, namely, whether the Liverpool Dock
Company had a right to charge duties both in and
out, as for two voyages, where a vessel, having taken
the benefit of the Liverrol Docks, on a voyage to
America, had delivered her cargo at Halifax—had
thence proceeded with another cargo to Demerara,
having delivered her Halifax cargo, Where she took.
in another cargo for England, with which she pro-
ceeded to Liverpool, the port from whence she origi-
nally proceeded on her voyage?
Mr. CLARKE, for the plaintiff, contended that this
was a double voyage. Touching at two ports, where
the duties were the same, and delivering cargoes at
each, he argued, formed an intermission of, and de-
parture from, the original voyage, which ought to be
held as from some one port in any particular division
or quarter of the world, and back again to the same
port from whence the vessel originally sailed. Here,
however, the: vessel had sailed to Halifax, where she
delivered her cargo, and, instead of taking in another
cargo at Halifax, and thence returning to Liverpool,.
had proceeded to Demerara, where she took in a
fresh cargo, from whence she proceeded on a fresh
voyage to Liverpool ; by which, he contended, the
duties inward, as well as outward, had been incurred.
' The Court *as of-opinion, that the voyage out
. and home comprehended the whole of any particular
4voyage, and w as not terminated in consequence of
Lthe vessel touching,. and even talcing in a fresh cargo
r'at any interinediate'phrt. .133 d the" vessel gone to.
Nay port where tl c :Iv of charge was higher than at
'that to which the clearance had been made, that
mould have formed a seppate question ; or, bad the
•yessel returned to Ail. other
.port in this country,
where she might be supposed '
to be domiciled, from
thence have gone back to Amer:ca, and then return.

al to-the port of Liverpool then the chew, es for
voyage horoe, would have arisen.

BLAKEY v. ASHLEY, ESQ.
the MtOrtrerGenetal moved for a rule to cltew
eau*, why die bill of costs, in this action, s;!ollia
.not bz referred back to the master fur him to review
his taxation. The plaintitr, the Attorney-General
said, was an admirer of paintii.gs, but, utifot tduntcly,
he confined his admiration wholly to those:which were
his own property ; and some of the:c he recommend-
ed to the notice of the defendant, describing them as
being the production of some of the ntnst eininent
Masters of the art. They, in fact, however, as much•
resembled the works of those artists to whom they
were ascribed by the plaintiff, as the figures con-
tained in them did the ancient heroes whim they
were intended to represent. Notwithstanding this,
the defendant, who unfortunately possessed no judg-
ment, avid hud a very great reliance on the taste of
Mr: Blakey, took several of them at very high prices,
on his rec(anmendation, and gave him a bond fur a
considerable sum in payment for elem. In process
of time, however, he discovered how much he had
been deceived, and proceeded to resist die payment
of the bond ; but being afterwards informed his re-
medy would lie in the Court of Equity, at periott
when, according to the original agreement
the parties, certain interest became due upon the
the defendant moved the Court, that, upon
of the same, amounting to £l7. Bs. into Cul
ceedings should be staid. A rule was gran
payment of the costs, when the costs were
amount to £4O. The manner in which these ,
been incurred, was what the defendant objec,
witnesses had been brought up from Liverpool
prove the execution of the bond, though it
been the intention of the defendant to disput
and the expence of bringing up those witnesses
charged to the defendant ; a charge which t!
tiff could have no right to make.
Lord ELL ENBOROUGH •••••Held you not imposed
notice of trial on the plaintiff ?
ATTCHIN EY GENERAL—We certainlyhad, tri
Lord ELLENBOROUGIL—Then the plain
obliged to bring up the witnesses ; he coul(
what would be your mode of defence, and
himself, called on him to be provided against
every means in his power. Unless you hat
vits to the contrary, we must believe that the
has exercised his discretion in his taxation.

ATTORNEY GENERALMy Lord, I have no
vits.—Rule refused.

Yesterday, a Mrs. Lazarus was charged
Mansion-house, with having left a small bee
stranger, containing some valuable property.
it was supposed was dishonestly come by. T
woman, who had been a little deranged,
assistance of a Solicitor, explained to his Lol
that she had been separated from her husbat,
some years ; that the contents of this little box
chiefly gold, silver, and bank-notes, with some
and handkerchiefs, hut she could not exact),
amount ; but that it was her own, and, she
worth above £5O. The contents of the boa
been examined, proved to be worth above £l5O
and notes, which proving to be her own, was -
and she was discharged.
One of Meux's draymen was yesterday comm
from Hatton Garden Office, for riding on "
of his dray.
J. Kane, belonging to the 9th Dragoons,
terday fully committed from Queen-square
charged with stealing a del Bank of Englanu.
and sundry pawnbrokers' duplicates, the property
T. Phillips.
J. Baffin was yesterday charged, at Marlborou
street Office, with stealing g'94 from his master.
Tufton, Esq. No. 24, Sackville-street, and _
to the dwelling-house. The prosecutor hid
prisoner, who was his valet, to get cash for .
£lOO, and having taken R 8 from it, he deposi,
remaining 892 in a box, and the prisoner alone
where the money was kept. The prosecr
from home, and at about four o'clock in. the
the house was discovered to be on fire; but,
exertions of the neighbours, it was got under,
out .destroying the room. Some fire, it turned
had been introduced under the boards of
immediately under a table, on which vra:
containing the money. A couch filled wit
was also discovered on fire,' in another part
room. At the first alarm the prisoner was •
ding his boxes over to the top of the next 1
he slept in the garret. The box which
money was not burnt, but had been broken
the contents stolen. On examining the premr
stolen property was found in a cannister, in
ney of the back kitchen, and a chissel was
in this kitchen. Foy, the officer, proved
chissel fitted the cavity in the box which
broken open ; he also found eight of Mr,
shirts in the priioner's possession. He was
mined.
Conaxc.,—Sarah Stenuell, Elizabeth Jones, .
Madill, three soldiers wives, were charged
milton, an officer of the Marlborough-stri
Office, with feloniously coining a large
counterfeit shillings and sixpences.
It appeared, from Hamilton's evidence,
consequence of information, he, in company
other officers, and one of the City marsh:"
to a house in Field-lane, Holborn, which they
and on breaking open a room upon the -
they discovered the prisoners, two of
seated at a little round table, and the other
the window-stool, nursing a child. The pris,
' thrown into such consternation by the abru,
of the officers, .that they shrieked aloud,
°ye:turned the table. One of the officers
prisoners, while the others searched the
the table was found a large quantity of
of copper, about the size of a sixpence,
at the edges ; and several pieces of scourin,
strewed about. In a cupboard, and other 1.
the room, were also found some aqua fortis, ern
tartar, several pieces of leather, and a punching
with which some of the pieces of metal were,
All these materials, together with the prieoners,
secured and taken to the Poultry Compter.
The other officers corroborated Hamilton's
dence, and each produced some token of
guilt. Elinor bladed). was discharged at
tion of Mr. Powell, tile Solicitor of the
other two prisoners were remanded for further
nation on Friday.

-:

4.1111 g Llll5,
no judg-
e taste of
gh pricer,
and for a
II process
:11 he had
payment
ed his re-
t a period
he:Weer'
the bond,
payment
ant, pro.
ued upon
found to
costs bad
jected to ;
Tpool, tO
had never
,ute it ;
esses was
the plain-
osed short
my Lord.
iota was
Id not tell . •
1 duty to
st you, by.
the affida-
lie Master
no arrida-
ed at the
3x with a
:y, which
rids poor
with the
Lordship,
sband for
box were
some lace
ly tell the
Jtt thought;
ox having
,50 in cash
s returned,
:ommitted,
L ate shafts
s, was yes.
are Office,
;land note, •
?roperty of
xlborough.
aster,
setting fire •
id sent the
r a check of
posited the
alone knew •
,cutor slept
he morning
but, by the ' i
nder, with-
awned out,
the room,
as the box
with papers
part of the
is seen hart-
honse, as
:h held the
:n open and
remises, the
in the chim-
s also found
ed that the
had been •
tr. Tufton's
Ls fully com- •
cr, and Maar
ged by Ha-
.stteet Police
quantity of
tnce, that in
my with two
ialmen, went
they entered,
second floor,
whom were
her sitting on
wisoners were
erupt entrance
I, and almost
rs secured the
to room. On
f circular bits
and rounded
:ouring paper
other parts of
rortic, cream of
lunching iron, •
were stamped.
,ri*oners, wire
ter.
smilton's
eri-
f the prisoners
at the sues-
: Mint.
Further asp.
:r