Star.
London, England, 1803-11-12 00:00:00

ARRIVED.

At Oporto, George, Carman ; Dolphin, Tayler; and Defiance,
Nichols. from London ; Jupiter, Ewing', from Ponfmouth ; Ro-
bert and Elizabeth, Cargey; Ann. Green; and Commerce, Bur-
don, from Liverpool; Ann, Bibbins, from Plymurth ; Wake-
field, Bruce; and Hope, Lee, from Hull; Edward, Carey, from
Philadelphia; Ceres, Middleton; and Atlas, 'addle, from New-
caftle. At Plymouth, Eliza. Evans, from Virginia; Brothers,
Thompfon, from Malaga; Venus, Biblims, from Tencriffe; Su•
fannah, Hewitt, from Virginia; Good
...Mosher, Lawfon, from
Oporto; and Jorge Hendrick, Beng, Rom Barcelona. At Fal-
mouth, Robert, —, from Baltimore. At Southampton. Geode
Habbe, —, from Bilboa. At Briltol, Perfeverance, Canalla,
from Lifbon; and Britannia, Tucker, from Petertburgh. At Hull,'
Dafhwood. Baldwin, from Archangel. Off Shields, Three Sifters, '
Smith, from Lubec. Off Scarborough, Marquis of Landfdown,
Atkinfou, from Perri:burgh. At Whitby, Symmetry, Role, from
Narva. At Lilbon, Sportfman, Stanton ; queen, Bebell ; Albion,
Gammon; and Young William, Young, from London; Concerto,
—; from Cork; Otteen of Naples, Mary, Spavin;
Fanny, Williams; and liiancy, Wellfwood, from Liverpool; Fame,
Killack, from Clyde; Brothers, Broon ; Hope, Hodge; and
Gratitude, Scott, from Hull. At Jamaica, Netbit, Wood; Bri-
tannia, Service; Duckworth, Wake; Indefatigable, Weir; Ca-
therine, Ferriman; and Britannia, Leavey, from London ; Han-
nah, Davis, from Liverpool; Crekent, Cowan ; Blanchard, Cor-
nifh ; and Fanny, Irwin, from Africa. At Charlefton, John,
Pratt, from Liverpool; and Minerva, Ladder, from Clyde. At
Baltimore, John, Buclincll, from Africa. At Barcelona, Specu-
lation, from London. At Cowes. Concord, Mafon, from
Cadiz; and Abeona, Hebfon, from Alexandria. At Mootrofe,
Atlas, Gibfoo, from Ri, a.

Arrived at Gibraltar from the sath of September
to the i4th of Oaober.

The Amedcan Rep Terp&bore, P. Maki, 33 days from Bal-
timore, with coffee, fugar, Sour, Ace. for Lqborn.—The Ameri-
can lip Pisani:, J. Patalcat, eight days from Malaga, with wine,
gm, loop. and oil, for St. Thomas.-. The American brig Hefter,
John Allen, two days from Malaga, with wine, fruit, for Salem.
-.The American brig Celia, E. Bowm, one day front Malaga,
with fruit and wine, for Alexandria The American (hip Friend-
lip, B. Goodrich, one day from Malaga, with wine and fruit, for
New York.-.-The Emilie' !hip Carolina, B. Leprc, re days from
Malta, with doe and tobacco, for Gibraltar.—The Englidi brig
Jenny, W. Seism two days from Malaga, with fruit, for London.
The Ingdfli brig Succers. Thomas Warwick, two days from
Malaga, in ham& far Gibraltar. —The Belli& brig Zapher, T.
'raker, 24 days from Cork, with porter. ale, bottles, Ate. for
Gibraltar.—Tits &gni [chorea Flying Pia, W. Teaslinfon, 24
igloo from Cork, with butter, bums, candles, (pap and porter,
for Offiraltar—The American lip Monforis. D. Nkhollon, two
days from Malaga, with fruit and wine, (=London. Tbe Ame-
rican Alp Bulab, S. Gardner, 40 dip from Bolton, with fugar,
coffee, balegoods, (or Leghorn.—The American gip Union. G.
Nudges, (even days from Barcelona, with brandy, for New York.
...The American lip Treat, N. Klnfman, 44 days from Salem,
with tobacco, lepr, Sour, and dry goods, for Gibraltar —The
American brig Bedey, N. Grant, ose day from Malaga, with fruit,
for Leith....--The American [chooser twigs, W. Hedges, 14
days from Madeira, with wine, for Gibraltar.—The American
brig Fame, W. Drummond, 38 days from Norfolk, with flour,for
a market—The American brig Samuel, S. Evans, 3s days from
Philadelphia, with Sour and Bawer, for Malaga.—The Swedia •
brig Two Si,,ther John Bowfin, form days from Abeam, with
lilt, for Udavala.—The Ottoman polacre David, N. Alexandre,
so days from Idra, with wheat, for Lilbon.
Seat in for examinadoe —The Pruillan dagger Anna Maria,
Albert Keber, five days from Cadiz, with fait, for Amaerdam,
by his Majelly's Gap Dormegsl.

The Anna, Peacock, from New York to Jamaica, is calm, and
carried into Cuba.

The coop Loyalty, Williams, from Liverpool to Plymouth, was
loft at Scilly the i ft inftant.

La Sada, —, from Aux Cayes to France. Is taken by the
Therms nun of war, and carried into Jamaica.
The Mary, Doan, from Virginia, h pot into Ramfgate, with
much damage, and wili be obliged to united.

The Elise. Rofe, from Nerve, is on ibor. best Tetney Lock ;
the cargo will be favecl,but the (hip, it i• feared, will not be got air
The Pilgrim, Ckidwick, from Bourdimux, bound to New Or-
leans, is captured by his Migekos Ship Cumberland. and fait Into
JIMILICL

The Lady Hobart, Boykarats Liverpool for Afrien.la on bore
on Hoyle Bank, and !WI of water.

The Alexandria, from Virginia. arrived at Portinsouth fpobe,
about fourteen days ago, the Naiad frigate, all well ; and feet
days after, (poke the Argo, of 44 gent is he. 0. hag. 7. fell in
with a Deep of war with a convoy, bused to Halifax, all well.
The Bridal brig Anna, Peacock, from New York to Martha
Brae, was taken on IR September, sy leagues from Poet Antonio,
by the Swallow French (Mower privateer, of one long nine poun-
der and two Saes, aad about so men, end carried into St. Jag. de
Cuba.

Intelligence has been received that there are at
Batavia three (hips of the line. four frigates, and
three (loops of war, viz.—Two of 64, one of 74, one
of 44, two of ao, one of 3z, one of ao, and two of tit.
all of which are completely blocked up by an Eag•
lid fquadron.

The Comersof gun brig, with a fleet from Hull,
bound to the Baltic, failed from Hull on the 7th
infant.

A letter from an Officer on board the Vic?oat,
dated Toulon, the 25th of Augull, Rates. that a de-
tachment from Lord NELSON'S fleet was in readinefs
to make an attack upon feveral French (hips of war,
lying under the batteries of MsrfeiHe,. and no doubt
was entertained of its fuccefs.

On Thurfday a Court of Direetors was held at the
Ealk India Houfe, when Capts. CHAIM'S Jonas. and
Banco hisycast, were (worn into the command of
the DAVID SCOTT, and Ma aoyi s W LLLLLL BY. The
Court adjourned at five o'clock, till Wedncfday nest.
The Loan !thaws, from London to Peteribargb,
which was reported to have foundered. has been
picked up at fca, without any perfon on board, hay.l
ing three feet water in her bold. by the Better and
81.14U89 PATTI/40S, and is arrived at Windaw.

INTELLIGENCE.

COURT OP BENCH, NOV.

The principal part Of the day WAS occupied in
Special Pleadings. Among the moll remarkable
was an aftion of trover..

Mr. GILES, Counfel for the Plaintiff, Rated that
MeGs. Brown and Co. of Rotterdam. had configned
to Medi& Odie and Co. of London, a quantity of
goods, accompanied by a bill of lading surinderfid,
and a letter, inclofing a bill of exchange for the
amount, for their acceptance. This bill of exchange
Odic and Co. although they took the goods into their
poffeffion, refilled to accept, and Brown and Co.
then indurfed a fimilar bill of lading to the Plain.
tiffs, to enable them to recover the goods. Odie and
Co. failed, and a few days previous to their bank-
ruptcy -sniped over the goods to the Defendant, in
payment of an antecedesa debt. This, the learned
Connie' contended, was an inept affignment. There
being no indorfement upon the bill of lading, Odie
and Co. could have no right to infift for the goods
being delivered to them, and even after delivery, not
having complied with the condition upon which alone
they were entitled to take poffeffion of them, were
bound to reflore them to Brown and Co. who had
never difpoireffed themfelves of the goods by execut-
ing an indorfement in their favour.
Mr. MAltsior, for the Defendant, maintained that
the prefent Plaintiffs had no right in the property.
and were therefore not entitled to bring an aaion in
their own names for recovery of it. They could only
be confidered in the light of an attorney's clerk de-
manding. payment of a debt, not having given value
for the indorfement. Suppofing, however, for ar-
gument's fake, that Brown and Co. were the Plain-
tiffs, they mutt fail in their demand. Brown and
Co. purchafed the goods merely as agents for Odie
and Co. On the lath February they were (hipped
on account of Meail. Odie and Co. On the zsith of
the fame month they arrived and were delivered up
to the perfons on whole account they had been 'hip-
ped. No indorfement of the bill of lading was ne-
ceffary to give Odie and Co. right to the goods.—
They had been purchafed and fhipped on their ac-
count. What then was the right which Brown and
Co. ever had in them ? Simply, detention before deli-
very. If a demand had been made upon the Cap-
tain, and the goods had thus been intercepted before
delivery, Brown and Co. would have re-acquired this
right,but no fuch claim could exit after thegoods had
been delivered and warehoufed. Odie and Co. were
at the fole Wk. in cafe any accident bad happened,
the goods having been (hipped on their account.—
There was no condition in the letter, as had been
Rated. Brown and Co. fimply fisted that they had
(hipped the goods on account of Odie, and hoped the
bill would be honoured.
Mr. GILILI, in reply, contended, that if the learn-
ed Counfel once allowed Brown and Co.'s right to
flop the goods iss tralfitu, as be had clearly done. he
allowed an antecedent right to have exited in them,
of which it was obvious they had never legally dif-
poffeffed themfelves. No agent had a right to (top
is tranfirx the property of his employer.
The Court were of opinion, that if it were necef-
fary in this cafe, to determine the right of the plain-
tiffs to profecute the prefent fait, they muft decide
it in the negative ; that, however, was unneceffary.
, Neither was it for them at prefent to determine how
fat an adion might not lie againft the Captain, who
could not have been compelled to give up the goods
to Odie and Co. without an indorfement on the bill
of lading. /Ulna' delivery, however, having been
made, as between vender and vendee, in the hands
of the perfon for whom the goods were purchafed,
and on whole account they were (hipped, and the
goods not having been Ropt ix traxfitx, they thus be-
came the property of Odie and Co. by whom having
been transferred to the defendant, no Killion could
lie for recovery of them.—Verdia for the Defendant
confirmed.

PAINS V. DREW, 13(4

This was a fpecial cafe for the deciftea of the Court
of King's Bench.
Mr. Cassius, whoopened the cafe on the part ofthe
plaintiff, fisted, that this was a demand made againft
the Sheriff for making a falfe return, by returning
is walla kw." A writ had been direaed to the She-
riff to levy a turn of money on the goods and chattels
of Charles Stun, Efq. When the Sheriff went
there, he was told by Mr. Sturt that thefe goods
were not his, but were under a writ of fequefkration,
which had been toed out of the Court of Chancery
againft his goods for socsol. The Sheriff, on receiv-
ing this information, did not levy, and returned Rolla
lona. Although the fequeftration iffued fo early as
the year I Soo, in the month of June, sito3, the par-
ty had taken no Reps to carry it into execution. As
far as refpeaed thefe goods, it was merely a pocket
fequeftration, as the plaintiff in equity infrared Mr.
Sturt to remain in poffeffion of them. This prbeefs
of the Court of Chancery appeared to have been long
ofed to enforce an appearance, or to enforce the per-
formance of a decree. From Chancery Cafes, page
g I, it appeared this writ iffued as early as the reign
of James I. It was 3 perfonal procefs, and abated by
the death of the party againft whom It iffued.
Mr. Janice Ls Bcsic—.-64 You mean in the cafe of
rattly proeo 11"
Mr. CA cited t Vernon, 511, 3 Atkins 594•
3 P. Williams 621, and t Vex. Ba 2. It was not de-
nied by Mr. Gately, that the writ of fequeftration, if
it had been duly carried into execution, would have
been a bar to the execution of the writ/ere !miss.—
But if fuck a writ might be kept for any indefinite
point, it would prevent every difpation of property
that could be made in the mean time. It would be
almoll a total flop to the courfe of Office in every
other proceeding.
Lord Ecceasoitouon (aid, they might apply to
the Court of Chancery to yet Ade the writ of fequef-
tration, if its procefs was abided.
Mr. Casstcts Paid, the queflion was, whether the
Court would drive a plaintiff, who was proceeding
regularly at law, into a Court of Equity ?
Mr. Juflice Gams allied what the Sheriff could do!
This was an aaion again& the Sheriff.
Mr. Cassis', contended, the Sheriff might to have
come to that Court and flared his difficulty. But
hand of that, he had takes upon himfelf to att, and
bad thereby pot hisufelf in the litoation of a defen-
dant. If he had found hinsfdf under difficulties, he
might have faatiaosed a Jury. If d►e frqoeltrators
had dope their duty, if tbey bad taken paean of

the goods tinder the writ, and if the money had ' •
paid for w!licil ;he iiritd, then It w.. 1
have ani-ivci,:d the pupate fai %shit!, it was gran: -:
But his oll;eflion was. that it had never been put i.,
force. Tiiere was merely an or ter to pat it in eire•
cution. Toe Court could pay very little iefp:Et to a
pocket fequellration.
The COURT here fuggeled the propriety of hav
ing fubmitted this cafe to a Jury, to confider whether
it was not fraudulent ; and thought there was no
doubt that there was fraud in fume of the parties ;
but the queflion was. whether the Sheriff was a par
ty to the fraud.
Lord Ettsissoitouott thought it &mild have gone
to the Jury

Mr. ba‘mritss argued the cafe on the part of the
Defendant, and obferved, that the goods being in
the polfellion of Mr. Stunt, was not incontinent with
the intereft, or the hen, if he might ufe the expref-
lion, which the fequearators had in them. Though
the Sheriff had feized, he bad abandoned, and there.
fore he was not attached. The Court of Chancery
confidered the fequeßration as of fore% The learned
Counfel obferved, there were fume goods that could
not be taken in execution, as goods pledged, goods
demifed, and goods diflrained. See I Burr. 20.
Y. Williams, 307. t Vez. 183.
Mr. J. LA VIR ENCF laid, if the Sheriff had come
to the Court and Rated his (Monty, they might
have given him time to make his ret•trn. Bat if he
did take upon himfelf to aft, he muft Rand or fall
by what he had done.
Mr. DAMrIERI obferved, that on the one fide the
Sheriff was threaterwd to be fent to gaol for a con-
tempt to the Court of Chancery, if he paid no re-
gard to the Writ of Sequeftration, and levied under
the Fisri Facia; and on the other hand, with the
payment of the debt and coils, if he abandoned the
execution ; there was very little in the books con-
cerning the effeft of a fequeftration.
Lord ELLEN BOIOUG wi(hed the proceedings of
the Court of Equity had been more looked into. If
the Court of Chancery would have confidered this as
a contempt, the Sheriff, by returning no goods, was
not guilty of a falfe return ; that had not been made
fo much the fubjeft of confederation. blow the Court
was driven to enter into that point : for, Paid his
Lordfhip, we are fitting here to decide, whether the
Court of Chancery would confider it as a contempt.
His Lordthip alked, if they had been able to find
any cafe, where a qui:Rion had arifen between a fe-
quefiration and an execution—where there had been
a conflia between thefe two ?

The Gentlemen at the Bar replied, they did not
know any fuch cafe.
Lord ELLllNsoitouc ic—id As this is a quellios
that involves the pradice of the Court of Chancery,
we rather with tp take time to look into the pradice
of that Court, as that is the point to which the qud.
tion is now reduced.. If the Sheriff would have
betlk gpilty of a contempt to that Court, there is so
diaslit he was right in not executing the/mei fiNiass

CILIIIINAL IMFORMATIOIII.
•
Mr. Eestina moved for a Rule to thew caore why;
a criminal information fhould not be filed. againli,
Richard DaLeti who refided in the parith dilemma
in Surrey, andhad acquired confiderable property;
but his manners did not liens to have kept pace with,
his profperity, for be had committed -an ounce
againft the 4w. for the purport of driving Mr. Heads
on whore behalf be moved, out of the parilli, by
having exhibited kiln in effigy. Lf be had attended
to the manner in which that Court-had treated the
laft cafe of that defcription, he woad have foss
this offence led direaly to the. pillory. It was 'stab
bable the pillory was frequently thrown away tio -
'perfons who were infenfible to the difgrace of it, h
the learned Counfel thought that would not be the
cafe with this Defendant. Mr. Head was a man aie
property, and bad retired from bu6nefs. R. Dalian
wilhed it to be believed that Mr. Head had a crimi-
nal intercourfe with his boufekeeper, and had exhibi.
ted them both in effigy in a manner which decency
forbids us to defcribe. The learned Coastal alto
included in his application Matthew Dailey u be-
ing concerned in this tranfalion.
Lord Es.Lannottotrian" Take a Role to thew
caufe."

NOVENIII 9.
TNt BIND OS TNt tROSSCIITIOS Of silo AGAINST

seerm.
Mr. Serjeant Batton moved for a -Rl'lg to Row
mule why a new trial &odd not be had in this cafe.
It was an indiBment for perjury 'Hedged to have
been committed by the Defendant. in an anfwer.
which he pot in to a Bill filed againli him 11, the;
Profecntor. denying the payment of a fum of eighty
&seas, which the Profecutor (wore he had paid eo
the Defendant on a day Rated. The indiameot was
tried before the Cuter BARON of the Ezcseqyas at
the lag Mtn for the county of Cambridge, when
the Defendant was found guilty. The grounds of
this Motion were two—Firft, that the Profecutor was
not a competent Witoe4, becaufs he came, by Ida
evidence. to difoharge himfelf from this fnm of mo.
ney. which be &odd acmmplillt by convi&ing the
Defendant. and if be was incompetent his wife was
fo of cootie.. and they were the only Witnefes who
!wore any thing material to fupport the Profectuins.
And this doarine he fupported by a cafe 'in Mr.
Peake's Nth Prim, page ta. the hang v. Dalway—
Secondli. that even fuwofing the Profecotor and
Wife to be competent Witoctres in this cafe. then !he
Verdi& ought to be (et afide, becanfe it was againft
evidence, and again& the diniftion of the Learned
judge before whom it was trial. The Cotirt granted
a Role to [hew Gore : TheDefeadant who was necef.
foxily recent at the time of making this Motion, had
Bail to offer for his appearance when called upon,
himfelf in sod. and two Safeties in asol. each.
The Court anted Mr. Cacaos Watson, who was
of Counfel for the Profecution, whether be coofented
that the Defendant Gould go at large upon filch Re-
cognizance ?—for that by his content. he might, but
without content the Court bad no power to (Ufa him
to go at large. but he Rea be committed to the
Prifon of the Contr.
Mr. Wizson Paid he had no other objeftion, than
that be had no inftruttious upon the fubjea.
The Court Paid they could not let the Defendant
go at large without an camel's confect on the part
a the Profecution.

Upon which Ur. WIL6OII molt handfontely faide
he would venture to take upon hintfelf to confetti
without tottration—upas which the Defesdaat Was

laberAted.

II

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If.

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