Star.
London, England, 1803-01-26 00:00:00

HULL, JANUARY 24.

The Hope, WARE. from London, for this port,
with goods, arrived here lail night, after a linrmy
paffage ; having been obliged to put into Harwich
with lofs of anchor and cable.

ST. PETERSBURCH. DEC. to.

Three Lubeck and two Swedi(h (hips were yeller-
day happily brought through the ice, in which they
were frozen at 7 werfts, or about five miles from
Cronftadt, into Cronfladt harbour. Four of them
came from French and German ports. and one had
jolt failed from this place. They were all deeply
laden, and in the greaten danger of being cut in
pieces by the ice. Ca punt EH Hof Lubeck, who had
already loft an anchor, and few debut-lion before
his eyes, ventured, at the hazard of his life, to go
en (bore over the loofe pieces of ice, to leek al-
finance; he found in Mr. NiEmertri courage and
readinefs to Ain Him. An Officer and 42 volun-
teers. under NAIRN% and Nista-tares direCtion,
offered to remove off the dangerous floats of the
drift ice, to relieve the (hips from their extreme
danger. Provided with hoards, and tools for
breaking up the ice, they proceeded, on the 24th
November, towards PRICHN'S (hip, the Anna
Chrillina, which lay (fill in open water, three
werfts from the flat ftrand of the (bore, and eight
werfts from Cronfladt, dole before the drift ice.
Being prevented by the fog and driving (how from
difcovering their way, they wandered about for
five hours upon the ice, till, by continually cal-
ling out, they fucceeded in making themfelves per-
ceived by the crew of the (hip, who anfwered them
with a fpeaking trumpet ; but when they reached
the Chip, it w.rs too late to undertake any thing,
that day, and they therefore returned to Cron-
ftadt.
The next day Niaitairs took a compafs
with him to find the way. They began to break
up the ice, and thus made a channel, through
which they brought the (hip 6o fathoms nearer
the more fixed ice. The 26th, in the morning,
they perceived, with aftoni(hment, that a large
mars of ice, before which Nitrates (hip had lain
the day before, had drifted away in the night,
and that if it had not been brought the preceding
day farther into the fixed ice, it would probably
have been driven athore and cut to pieces.—
Half a werft from Patina's (hip lay the Swe-
di& (hip Fryheten, Captain EftWARS, in the fix-
ed ice. Help was alfo afforded to this veffel.—
The three following days they worked thefe two
flips through two channels to the neareft Lubec-
ker, the North Star, Capt. Limos, which lay fix
werfts from Cronftadt. When thefe three were
united, they made a channel through the ice to the
Swedifh (hip Venus, Capt. Lortaxito, and to the
Lnbecker Einigheit, Capt. STUCKER, which
were at a (mall diftance. Continued froll and
calm weather now favoured the work, which, in
the firft four days. had been exceffively impeded
by the fog and drifting (now, the workmen having
to ftand from eight in the morning to four in the
afternoon, conflantly in the water, which gonad
up as they broke the ice away. Many fell
into the water, but were always happily extricated.
After twelve days moll fatiguing and dangerous
labour, all the five (hips were brought eight werfts
through the ice fafely into the harbour ; and by
NIBMANN'S indefatigable aCtivity and courage, this
brave man, who, as well as his companions, re-
garded neither health nor life, fucceeded in laying
the crews, the flips, and cargoes. The violent
gale from the South, which rages to-day, and has
let the ice again adrift, would certainly have
driven thefe flips alhore, where they mull have
(bared the fate of the Englifh (hip the Princefs of
Wales, Capt. Yclumo.

The Caber !,4 frigate trarrived at Bantry By, from Jamaica.
whence flit failed on the 7th of December.
The Britannia, Brown, from Denman, Is kit at Antigua.
The lithe, --, from Briftol fee Dublin, k as sore at
Dundalk, and full of water.

The Hannibal, Dyer, from Stade for Oporto, Is loft oat
Figueira.
The Mm, Mafon, from New Providence for North Caro-
lina, is put Into Charkfton, in dards.
The Margaret. Goodwin, from the Canaries for Loadoe.ls
loft near Oporto.
The Moo. Darbyatire, from St. likes for Looting. io put
into Vigo, in diftrafs.
The Hero, Deane, from Newfoundland for Leghorn, is loft
of Lame. and all ie crew.

llie Surprise, CA •Tlti, (TOT Liverpool it Rotterdam, put
into Ncwry the 7th MR. with the la s of an anchor and cable.

Monday Profeffor ALDINI had the honour of
exhibiting his interefiing experiments on the drab;
of Galvanifm, before their Royal Highneffes the
Prince of WALas, Dukes of CLaaaaca and Con-
aaaaa 111), with feveral other di ilinguillied charac-
ters, the Profeffor being araed in his operations
by Mr. CARPUB, Profeffor of Anatomy; Mr.
Hurcmins, a Medical Student; and Mr. Cora- '
PillTSoo, an eminent Philofaphical Inftrument-
maker. The whole of the experiments were per-
formed with the greatelt accuracy and effeaft at
which their Rnyal Highneftes and the other noble '
perfonages tefiified their entire fatisfaition. The
adios excited in the mufcles was very firong over
tlie whole body, both in hot and cold blooded ani-
mals; and Galvanifm certainly offers very powerful
means of Refill-citation is cafes of fufpended ani-
mation from common caufes, as drowning, hang-
ing, &c. as well as opens an emotive field for im-
provement in Phytiology,Pathology,C.hemiftry,&c.
Profeffor Aust.!, we underfland, has now in the
pre(' a very curious work on this fubjea, which
' will contain a Aries of interefling Galvanic expe-
riments, performed before the Commillioners of
the French National Inftitute, and lately repeated
in the Anatomical Theatres of London. It will be
illufirated with Plates', engraved by an eminent

L.IIIIf INTELLIGENCE.

COCaI OF KING's BENCH, JAN.
RYAN V. RENIkR.

This was a Rule calling on the plaintiff to fhew
caufe why the defendant lhould not he dileharged
out of cu(lody on filing Common Bail, and the
queftion whether he ought to be fn or not, de-
pended on the conftrunion of the An of Parlia-
merit of the 38th of Geo. 111. cap. cn, fee. 9.
which was an Aa made for the relief of Alienswho
fhould be driven out of their own country and come
into this in confequence of the French Revolution,
which An provides, " that loch perfons Ihall not
be held to bad, or taken in execolion, &c. in this
Kingdom, for or by reafon of any debt or other
caufe of Anion contraned or arifing in any parts
beyond the fea." The Ihort flatcment of the fans
of the cafe is this : The defendant gave a bond fur
the payment of a debt in France, as a fecurity for
another perfon there, and that bond was fent over
here to the plaintiff for the purpole of putting it
in force againfl the defendant here, and to obtain
the money upon it. Whorl the defendant came
here the plaintiff told him he had this bond againft
him, and threatened to arreft him for the debt
which was due upon it. Upon which the defendant
having no money (for although a manof property
in France, he was obliged to leave it behind him,
when he fled to avoid the horrors of the French
Revolution) he told the plaintiff he had a brother
who poffeffed confiderable property in the Weft
Indies, and he propofed to draw on him a bill of
exchange for part of the debt fecured by this bond,
and it was agreed between the parties that the
defendant lhould do fo ; accordingly the defen-
dant drew a bi.l of exchange on his brother in St.
Domingo, payable to the plaintiff,which hill was
afterwards fent to the Well Indies to the defen-
dant's brother,but returned for non-payment, upon
which the plaintiff held the defendant to bail, for
the amount of this bill, and the queftion now was,
Whether the defendant was, or was not, entitled
to be dircharged upon the provifions of the above
Statute ?

Mr. ERSKINE, on behalf of the plaintiff, ad-
mitted, that if the defendant had been held to bail
upon the bond, he would have been ..ntitled to
his difcharge according to the humane provifions
of the above Att of Parliament, becaufe that arufe
from a contra& in France, bin here was a bill of
Exchange drawn in England for a fpecific fum of
money upon a bill, and which bill was payable
to the plaintiff, and returned to him for non-
payment, and therefore that was a new contra&
between thefe parties, made in England, upon
which the A& of Parliament was not intended to
operate, and therefore the defendant was not en-
titled to his difcharge.
Mr. Gilles, on behalf of the defendant, con•
tended that he was entitled to be difcharged un-
der this A& of Parliament ; that, in truth, this was
not a new contra& between the parties, but a mo-
dification of the old one. The plaintiff had a
bond given by the defendant in France, for a debt
contratted in France, upon which, molt clearly,
he could not have held the defendant to bail in
this country, the provifions of the A& being di-
tally againit that; the plaintiff told the defen-
dant he could arra him on that bond, ',Mich was
a fraud upon the defendant, for the plaintiff had
no fuch power ; however, the defendant having
no money, and believing his brother had, in the
Weft Indies, drew this bill on him, which was to
be confidered only as an order of defendant's
on his brother to pay a part of this money, and
this was in cafe of the plaintiff, to obtain money ,1
which he could not have of the defendant, which
bill was returned for nonpayment, upon which
the bond flood in like manner as it there had been
nothing done. The whole matter originated jn
France ; there was no new confederation given to
the defendant in this country, and this was an at-
tempt to render a man liable to be held to bail,
for a debt, becaule he had, from an excel b of ho-
nay. endeavoured to give the plaintiff a better
chance than he had upon the bond, for the defen-
dant was not bound to give this bill, but might
have left him to his remedy upon the bond ; but
he had endeavoured to do better by giving this
bill, which endeavour had been ineffedtnal, and the
plaintiff then Rood in his original fituation, which
did not entitle him to bold the defendant to bail;
for which reafon he trufted the Court *meld be of
opinion that the Rule for difcharging the defen-
dant on filing common bail, fhould be made ab-
((Ante. _

Lord Eu.seaosnucH raid. it appeared to him,
that the °hien of the Ad of Parliament in this
cafe was to proten perfons, driven from their own
country, by the violence of a revolution, from the
inconveniences of arrefts in this. on account of
contrans entered into in their own, but not to pro-
! ten any perfons from the inconveniences which
might rcfult from their contralti here, however
improvident they might
I be. In this cafe the Court
b moil take it, that parties were equally cogni-
bet of the law of this country ; and with that
knowledge which the defendant was prefumed to
have of the law, he gave this Bill of Exchange.
which was a fecuriq for the payment of the mo-
ney therein fpecified.
Mr. Gus. Paid, that this Bill of Exchange was
given to relieve the plaintiff in this cafe. That
was not fo ; it was rather to relieve the defendant
trim the preahre of a fist which might have been
infiituted againit him, although that could not
have been a bailable one. The defendant might
therefore have been Paid to have purchafed a be.
nefit to himfelf by giving this fecurity to the plain-
tiff, it was therefore neceffarily a new caufe of ac
tion. In Awe the anion was made different, by'
giving a Bill of Exchange, from that in which it
would have been upon the bond, (for upon the
hondan anion might have been brought, although
the party could not h;ve been held to bail ;) nor
was this all, for the coniecprences of an anion on
a of Exchange and upon a bond, were differ-
ent in tome refpens, in point of law. It was there-
fore not an anion upon the old contras, which
arofe in France, but upon a new one, which was
made in this country. Some difficulty did, at Lk
prefent itfelf upon the word debt, as it ftood in the
Aa of Parliament; but here the debt was varied

in its ()ape, and therefore the mode of aaion was

VAI

Lord Ett.emllOß 0 Ur; H haring expatiated on the
nature of the cafe in many other refpeets, laid it
appeared to him, upon the whole of it, that from
the variation made by the parties as to the means
of ftsit, and the rights of the parties, this cnAld
tun now be faid to be a debt wiring in a fisecific
contras trade abroad, but was a new debt arif.iig
here, wilt new incidents to be attached to it, to-
gether with new forms of anion, and therefore be
could not feel that the patty, on wh;,1:: behalf the
application was made, came within the beneEt of
the AC of Parliament.

Mr. Juffice Gauss laid, that the queflion here
was, whether the band or the bill ef exchange was
the caufe of atlion ? If the bond, unquellionably-
there would be an end of it, the defendant would
have a right to his difcharge, as the motion pray-
ed. But the bill of exchange was the caufe of
the aftion; and as' to the circumfkances under
which it was given. the parties muff be taken to
be cognifint of the law. The defendant knew that
he was liable to be fued upon the bond, though not
to be held to bail; and then he chofe to change
the fecurity, by giving a bill of Exchange. That
bill of exchange was a new caufe of aftion, arifing
in this country, and that the defendant knew, or
muff be fuppofed to know. Suppofe this was a
negotiable bill of exchange, and had got into the
hands of a third perfon. what anfwer could be
given to him ? The prefent defendant could give
the fame anfwer to him as he now offered to this
plaintiff: he really did not fee any ground of dif-
tittaion between this plaintiff's Cafe, and that of
an Indurfee of a bill of exchange, for in this cafe
there was nothing ma/um info. He fhould have been
glad to give to this defendant the benefit of this
merciful At of Parliament, if upon the circum-
fiances% he had appeared to be intitled to it, but
he was not fo, for the caufe of this aftion did not
arife abroad.

Mr. Juflice LILWRINCII (aid, that if the aft of
Parliament had enabled the Court to extend its
provillon to this defendant, they would have been
glad, for although the law prefumed that he, as
well as every other perfc.n who entered into any
contra& knew the law of that contraft, yet the
probability was, that he did not know the law
which exempted him from arrea upon his bond in
this cafe. However, he mull be taken to know
the law.—The tingle queflion was, Whether the
rank of this aElion arofe in this country or not ?"
and upon that, it was impoffible to doubt, fince
the aftion was brought upon a Bill of Exchange
made in this country.
Mr. Juflice Ls &aim Paid he fhould, for the
reafon affigned by Mr. Jullice LAWILENCI, have
been gl.sd, if the Aft of Parliament had empower-
ed them to relieve the defendant ; but that was
not fo. By the Aft of Parliament, the slefendant
was not exempted from the penalties of a fuit upon
the bond ; it only providedthat his perfon could not
be arrefled in the firft infiance.—He, under an ap-
prehenfion that he might have been arrefted upon
the bond in the firft inflance, or to avoid any
other courfe of law, gave to the plaintiff this bill .
of exchange, and fo he became liable to all the
confequences, as any other perfon would be who
gave a bill of exchange. It was a central en-
tered into in this country with all the confequen-
ces of fuit attaching upon it, and therefore the
defendant was not entitled to the benefit of the
Aft of Parliament —Rule difcharged.

OLD WARRANTS Of ATTORNIT.
Mr. MANLIT moved for leave to enter op judg.
meat on an old Warrant of Attorney. The affi-
davit Rated that the party was alive on Thurfday

Mr. Jullice GROSta You mutt Ray until von
have an affidavit of the party being alive within
the term. The very fame thing that this motion
feeks was refuted lalt term to Mr. Holroyd ; it is
a pity that Gentlemen at the Bar will perfift in
making motions which have already been refuted.
Tilt KING W RIDGWAY.

This was a Rule calling on the defendant, who
is a bookfeller, to mew caufe why a Criminal In-
formation should not be filed againft him for an
alledged libel on theMagiarates of Gloucefierihire,
and thofe wbo have the fuperintendance and di.
redion of the gaol of Gloucefter. Mr. Aesop
moved that the Rule be made abfo.ute on an affi-
davit of fervice.—Rule abfolute.