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Besides the order of Council for opening a trade with Buenos Ayres, as before mentioned, the Gazette contains an order for permitting the importation in neutral vessels, into our West India isl ands for twelve monthis ensuing, of lumber, staves, and all kinds of provisions, with the exception of beef, pork, and butter, and also the exportation of rum, molasses, and all other commodities, except sugar, indigo, cotton, coffee, and cocoa. This is the first exercise of the authority vested in the Privy Council by the act of last Session, called the West India intercourse bill, which was productive of such warm debates in both Houses. Since the passing of the bill, the Board of Trade has been al most daily occupied in ascertaining the practicability of supplying the Colonies wholly from the Mother Country. The order of Council seems to be decisive of the negative.

The Society at Lloyd's have voted a Vase of L. 300 value, with an appropriate inscription, to Major-General Sir John Stuart, for his gallant conduct at the battle of Maida, also honorary rewards, from L. 200, down to L. 25, to the different Officers wounded, and have also voted relief to the Widows, Orphans, Parents, and relations, depend. ing upon support on the Officers, and men killed, and gratuities to those wounded.

The Patriotic Society have also vo ted Vases, of the value of L. 200 each, to General Beresford, and Sir Home Popham, for their gallant and generous conduct at the capture of Buenos Ayres, and an Annuity of L. 25 per annum for life to Captain Le Blanc, who was disabled in the attack, with survivorship to Mrs Le Blanc; also relief to the Widows, Orphans, and Relations of those killed, &c.

The subscribers to Lloyd's have presented 200 guineas to Capt. M'Kenzie, of the Carysfort who brought away 30 vessels from the West Indies, which otherwise must have fallen into the hands of the enemy.

The sum granted by Parliament to the Heroes of Trafalgar is now paying. Petty officers receive L. 26. 6s.-Seamen and Marines L. 4. 12s. 6d. The sum of L. 18,000 has been deducted from the parliamentary grant to pay off the legacies left by Lord Nelson.


The following notices respecting the officers who gloriously distinguished themselves in the plain of Maida, will not be unacceptable to our readers:—

Sir John Stuart is the son of the late Sir James Stuart, who was for many years the British Superintendant of Indian affairs in North America. Sir John received his education in Glasgow. His atchievements in Egypt, where he commanded the Queen's German regi. ment, were rewarded with the Turkish Order of the Crescent.

Lieut. Col. Oswald, of the 35th, is the son of Mr Oswald of Dunnikier, in Fifeshire. He was severely wound. ed when bravely leading on his regiment in the unsuccessful expedition to Holland in 1799. General Fox has appointed him Brigader General in the Mediterranean. Lieut-Col. Kempt, who led the brave light infantry, was Aid-de. Camp and Secretary to General Aber. crombie, and attended his gallant Lord from the moment he was wounded, till his honoured remains were deposited under a gun at Malta. Lieut. Col. Kemp is the son of Mr Gavin Kempt, late merchant in Leith. Lieut.-Col. Patrick M'Leod, commanding the ad battalion of the 78th, is second son of Donald Macleod, Esq. of Geanies, Sheriff, and Lieut. Colonel Commandant of the three battalions of Ross-shire volunteers. He was Fort Major of the Cape of Good Hope, during the latter part of the last war. Major Plenderleath, who commanded the 81st, is son of Capt. Plenderleath, who commanded the Royal Edinburgh volunteer artillery, when it was first raised.

Capt. M'Laine, of the 20th foot, the only officer killed in the action, was a son of Gillian Maclaine of Scallastle, in the island of Mull. He very highly distinguished himself in the campaign in 1799 in Holland, and was particularly noticed in one of the actions fought there by Lieut.-Gen. Moore. He afterwards served in the Egyptian campaign, and returned with his regiment to Malta. In the late glorious battle, fought on the plains of Maida, Capt. Maclaine being on the advance with the bayonet, and after putting those to the route who opposed him, fell, much lamented by his regiment.



The Funeral of this illustrious Statesman from the Stable-yard to Westminster Abbey, took place on Friday Oct. 10. The Procession was arranged according to the formula of the Herald's College, in the same manner as that followed at the Funeral of Mr. Pitt, (as described in the Mag. for March.) It began about two o'clock, and was led by a body of Volunteer Cavalry, then the High Constable of Westminster, followed by the funeral conductors, the 57 poor men in long black gowns, with the crest of Fox emblazoned on their left arms, their number answering to the age of the deceased. Then followed the Heralds, Bearers of the Standards, Guidon, Banner of the Crest, great Banner, Helmet and Crest, Sword and Target, Surcoat, &c. all with their respective sup. porters, marshalmen, trumpets, &c.

The following distinguished person. ages performed the principal duties at this solemnity:

Chief Mourner, Lord Holland. Supporters, Earl Fitzwilliam and Lord Howick. Pall Bearers, Lord Chancellor, Duke of Norfolk, Duke of Devon. shire, Earl of Thanet, Earl of Albemarle, and Earl of Carlisle. A number of noblemen, among whom were Earl Moira, Earl Spencer, Lord Grenville, Lord Sidmouth, Lord Ellenborourgh, Lord Henry Petty, Mr Windham, &c. followed in 12 mourning coaches and six horses. Above a hundred Members of Parliament and of the Whig Club were on foot.

The hearse was entirely of a new construction. Instead of being a closely covered vehicle, it was an open hearse, upon pillars, of a simple and elegant form, richly covered with black velvet, which hung in draperies, trimmed with black fringe, surmounted with lofty plumes. It was lofty and large in all its dimensions, about 27 feet in height, and the whole being in black velvet, without any mixture of colour, gave it a simple and grand effect. On a sarcophagus, in the centre of the car, the coffin, ornamented with the arms of the deceased, and a simple inscription was laid open to view. On reaching the Abbey, which was entered at the great western gate, the body was received by the clergy and gentlemen of the choir, who proceeded down the great aisle to the vault pre

pared for it, chaunting the usual psalms; and the funeral service being performed, the mortal remains of this distinguished character were committed to the "dark and narrow house."

The grave is immediately adjoining the monument of the late Lord Chatham, and within 18 inches of the grave of Mr Pitt.

The vault had been built for the sole purpose of receiving the body, and is only sufficiently large to contain it. Is is about ten feet deep, and six feet long, lined with brick, with the bottom lined with tiles. A platform of timber, about six inches above the pavement, had been raised upon this part of the aisle, extending almost its whole length, which was appropriated solely to the clergy, choir, and chief mourners. The whole of the ceremonial was calculated to display rather a tasteful simplicity than an ostentatious parade. Every part of the ceremony was most solemn and impressive. And what particularly contributed to the effect was, the orderly demeanour, and silence of the immense multitudes which were assembled in the streets. But such was the judicious arrangement made by the police magistrates by stationing their officers in the various divisions, so as to embrace every avenue, and the dispositions of the horse and foot guards, with the volunteers, under the command of Major-Generals Ainslie and Calvert, that not the most trifling disorder occurred.

The Prince of Wales and the Duke of Clarence visited Liverpool on Thursday Sept 18. His Royal Highness was presented with the freedom of the Borough in a gold box, and entertained in a Princely stile by the Corporation. The town was illuminated in the evening.

At a Guild held at Berwick-uponTweed, on October 13. it was resolved to make application to Parliament for leave to bring in a bill to rebuild the old pier, called Queen Elisabeth's Pier, and also for deepening and improving the harbour, and to empower them to lay on a small tounage on shipping towards defraying the expences. Leave has also been obtained from the Board of Ordnance, for taking down and wide. ning the Scots Gate, and the draw bridge leading thereto, so as to render the northern entrance into the town more accessible.,


The departure of Lord Lauderdale for Paris, on a pacific mission, afforded

His Excellency Lord Seaforth is at Bristol, on board the

to the stock jobbers an occasion to en- s ar leave from his Govern

gage in boundless speculations. On the 13th of August, however, an uncommon occurrence took place on the Stock Exchange. One Joseph Elkin Daniels, a Jew broker, generally known, had purchased a large quantity of omnium, which he declared he would hold, and gave checks on his bankers for the amount. He immediately went and transferred the whole for money, amounting, it is said, to upwards of L. 40,000. When application was made in the afternoon at the bankers for payment of his checks, it was found he had left but a small sum in their hands. Daniels had immediately absconded, and a reward of 2001. was offered for his apprehension. He was traced to Liverpool, and from thence to the Isle of Man, where he was discovered and taken into custody. He was brought over to London, and after several examinations betore the Lord Mayor, the Counsel for the prosecution found that the crime of Daniels did not amount to felony. He has therefore been set at liberty, having made a full surrender to his creditors under a commis. sion of bankruptcy. It is supposed the loss to the parties, after all, will be inconsiderable.

A fatal and distressing accident happened at Leatherhead in Surry, about four o'clock on Thursday afternoon, Oct. 2d. While her Royal Highness the Princess of Wales, accompanied by Lady Sheffield, and Miss Harriet Cholmondely, was travelling in her barouche and four, on a visit to Mr Locke of Norbury park, owing to the postilion's turning too quick round a sharp corner of the road leading into the above village, the carriage was overturned, and the ladies thrown out with great violence. Her Royal Highness received a contusion on her shoulder; Miss Cholmondely was killed on the spot, having been thrown with such violence against a large tree, as to fracture her skull. Lady Sheffield received no injury, but what was occasioned by the fright. The Ladies were carried to the Swan inn, and a surgeon attended immediately, but his assistance was in vain. The Princess and Lady S. after having recovered a little from their excessive terror, returned, in an agony of grief, to Blackheath.

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ment at Barbadoes.

On Saturday, Sept. 20. a gentleman of the name of Tyssen was killed in a duel with a Mr Fyisch, late a Hamburgh merchant. It was not a Lady, but a dog that was the cause of quarrel. They

were on a shooting party, and tbe. dog of

the one disturbed the game of the other.

A dreadful accident happened on the 23d of September, about four o'clock in the morning, in Harpelane, TowerStreet, London. Two old houses, one the sign of the Hoy public house, and the other a shop adjoining, fell to the ground, and shocking to relate, there were about 30 persons at the time in them, five of whom were were killed on the spot; the landlord of the public house, and a little child, being found, the other three, a woman and two men, were dug out of the ruins at twelve o'clock, Greatest part of those who escaped were carried to St Dunstan's workhouse in a very mangled state.

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On Monday morning, Sept. 1. a fire broke out at the distillery of Messrs Smith, Cook, and Tate, at Millbank, Westminster, which burned with incre. dible fury for near two hours, destroy. ing the valuable steam engine, estimated at L.soop, a great quantity of corn, the dwelling house, and the storehouse, the vat containing the spirits was fortu. nately saved. The damage is estimated at L. 60,000. The premisses were insured in different offices to the amount of L.77,000.

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On Sept. 1. David George, a fishera man of Swansea, lost his life in the fol lowingsingular manner-He was clearing his net, when observing a small sole entangled in the meshes, he put its head between his teeth, as the practice is, to draw it through ; but whether in so daing, or in going to open his mouth af terwards, cannot be ascertained, the fish slipped into his throat, and choaked him in a few minutes.

A beautiful young lady of the North of Ireland, having been lately compelled by her father to marry a gentleman of fortune, though she had promised her hand to another, took poison in her tea the morning after marriage, while breakfasting with her husband, and expired in less than an hour,


Scottish Chronicle.



it in general to state, that on the part of the Bank, it was maintained, that their a gents were not entitled to take in money

A CASE was decided last Sessie, the ive for both of of the,

is of such general importance, that we consider it our duty to communicate it to the public.

The Directors of the Bank of Scotland, a good many years ago, conceiving that they might extend the business of the Bank beyond the limits of Edinburgh, resolved to establish branches in almost every town in Scotland; and the arrangement was no doubt beneficial to all parties. To the country it extended an useful fund of credit, and though the more general circulation of the Bank paper was the primary object in the institution of the branches, the Bank received advantage by their becoming very naturally the deposits of the money belong ing to numerous persons in their neighbourhood. The case now to be detailed took its rise from this last circumstance.

In the year 1793, the Directors of the Bank of Scotland established one of their branches in the town of Brechin, and appointed James Smith, a merchant in that place, and two of his sons, to be their agents there, under a constituted firm.These people some years ago became bankrupt, when it was discovered, that besides taking in money for the Bank, they had received a great many sums, to the amount of 50001. or 60001. for which they had not accounted to the Bank, but which the persons lodging them stated they meant as Bank deposits. For these the agents had given receipts on a copperplate engraving, bearing to be dated at the "Bank's Of fice," and in other respects containing the usual style and words of Bank vouchers; but in signing these documents, the agents did not add any designation immediately indicating their having acted for the Bank in the receiving of that money. When the failure happened, the Directors of the Bank of Scotland refused to retire these documents, on the following, among other grounds: That their agents were not entitled to take in money so as to bind the Bank, on documents, in the form granted by their Brechin agents. With a view to try the validity of such a defence, an action was brought against the Directors on one of these receipts. It would exceed our limits to enter into a particular detail of the arguments of the parties in this cause. Suffice Oct. 1806.

on cash accounts, and for promissory notes, which last were to be sealed with the Bank's seal, countersigned by the Accountant, &c. and this plea was enforced by reference to a placard, which was hung up in the office at Brechin, and to advertisements in the newspapers, &c.


It was farther maintained by the Directors, that no agent, factor, or commissioner, could bind his constituent beyond the limits of the mandate or commission under which he acted; and as the niandate in the case of money lodged in that manner was confined to promissory notes, the Bank could not be bound by documents in the form of receipts. In answer to this, and other arguments used for the Bank, stated on the part of the claimants, that as the Directors had established a branch at Brechin, they had in fact thereby transferred the Bank of Scotland itself to that place; and, of course, were responsible for every act and deed of their agents which related to a banking transaction. Nor were the persons who had dealings of this nature with these agents bound to enquire whether they were authorised to take in deposited money, on promissory notes or receipts, that being a mere matter of form, altogether unconnected with the substance of the transaction. Besides, it was stated for the claimants, that the Directors themselves had departed from their regulations in this respect, as it was no uncommon prac tice at their branches to grant receipts for deposited money. As to the arguments of the Bank, respecting the powers of mandatories or commissioners, it was maintained on the part of the claimants, that, though a man was bound, when he transacted with ordinary mandatories, to act and understand the extent of their powers, yet, that where a Bank established itself in a place, opened an office there, and nominated agents for the general management of the business, the powers of these agents were to be presumed in all matters connected with "Banking;" and, consequently, that in a case like the present, the improper acts and deeds of the agents must affect the Bank, and not the public, who had confided in these agents, by the in vitation of the Directors, As to the placard, it was stated by the


elaimants, that they had never seen it; and, at any rate, that when a person enters a public banking office to transact business, he is entitled to consider the official person with whom he deals to be in possession of every necessary authority for rendering the transaction legal.

When this case came first before the Court for judgment, it was decided in favour of the Bank by a narrow majority of one vote; but their Lordships, on advising elaborate and ingenious papers on both sides, altered their former interlocutor, and, by a large majority, found the Bank liable for the sums claimed, besides the costs of suit.


At a General Court-Martial, held in Edinburgh Castle, on the 19th of May 1806, and on several subsequent days, whereof Colonel Sir John Dalrymple Hay, Bart. of the Kirkcudbright Regt. of Mili tia, was President, for the Trial of Captain Andrew Hunter Sproul Crawford, of the 28th or Stirlingshire Regiment of Militia, upon the following charges, exhibited against him by Lieut. David Carruthers of the same regiment, viz.

1. Unofficerlike conduct, in using language towards Lieut. Carruthers, for some time past, highly injurious to his character as an Officer and Gentleman; but particularly on the evening of the 12th April 1806, in the public Mess-Room, and in the presence of several Officers of the Regiment.

11. Saying that he, Captain Crawfurd, would not go out with Lieutenant Carruthers to fight, as he was a Damned Swindler and Scoundrel; but that he Captain Crawfurd would wish, that some of the officers would tell Lieutenant Carruthers what he had been saying, in order that he might have an opportunity of drawing his sword, and running Lieutenant Carruthers through the body.

And also upon the following Charge, exhibited against him by Quarter Master James Dougall, of the same regiment, viz. Having falsely, and without foundation, accused him, (Quarter-Master Dougall), in the Mess Room, in the evening of the 12th of April, in presence of several Officers of the regiment, of having drawn coals and candles for him (Capt Crawfurd,) while he was in jail, and applied them to his own use.

The Court having maturely deliberated on the evidence adduced, is of opinion, That the prisoner Captain Andrew Hunter Sproul Crawfurd, is guilty of the charges preferred against him in breach of the Articles of War, and therefore they sentence him to be CASHIERED.

The Court likewise considered the conduct of Lieut. Carruthers to Capt. Crawfurd as highly improper. His Majesty has approved of the above sentence, and ordered it to be carried into effect; and has also commanded that Lieut. Carruthers be removed from the Stirlingshire regt. of militia.


Inverness, Sept. 18.-LORD CULLEN. James McPherson, alias James Roy M'. Pherson, fox-hunter, accused of murder, was outlawed. Archibald McDonald, in Knoydart, accused of perjury;-the diet was deserted pro loco et tempore, information having been received which required further investigation. Margaret M'Callum, accused of petty theft, was, upon her petition, banished from Scotland for life. Aberdeen, Sept. 22.

LORDS DUNSINNAN AND CULLEN. Alex. Laing accused of receipt of theft. The diet against him was deserted simpli citer. Elspeth Brown, his wife, and Isobel Laing, his daughter, accused of theft, were found guilty on their own confession, and sentenced, the former to five months imprisonment, and banishment from Scotland for life; the latter to be imprisoned two months, and banished from Scotland for five years. William Laird, late of Bonny. kelly, accused of theft, was found guilty, and sentenced to be imprisoned for one month, and banished from Scotland for life. Perth, Sept. 27.

Before the same Judges-John Lessels, late manufacturer in Pathhead, accused of theft; Martha Carnegie, late servant to William Bethune, Esq. of Blebo; and Mary Smith, of Inverkeilor, accused of child murder, were all, upon their own petitions, banished from Scotland for life. Inverary, Sept. 26.—LORD MEADOWBANK.

Donald, Duncan, and Neil Mackiachan, all residing in the island of Islay, accused of breaking into a cellar possessed by Mr Campbell, acting supervisor in that island, and stealing from thence 125 gallons of whisky, were outlawed for not appearing. Glasgow, Oct. 2.-LORD JUSTICE CLERK.

John Allan, alias Michael Jamieson, was tried for the murder of Robert Frame, and acquitted. Thomas Scotland, for the murder of Thomas Forrest, weaver in Glasgow, was found guilty of culpable homicide, and sentenced to a month's imprisonment. Joseph Muir, for perjury, was outlawed. James M'Alpine, also for perjury, and Alex. Colquhoun carter, accused of the murder of Thos. Laurie weaver in a squab ble, were recommitted on new warrants.

Ayr, October 4.-LORD ARMADALE. John Adams at Balgowan, for theft, not appearing, was outlawed. Edward Graham travel

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