Essequebo and Demerary Royal Gazette 1813 May 04


Vol. VIII.]

[No. 577.

TUESDAY, MAY 4, 1813.

STATE of ACCOUNT of the Subscription for Capt. Peake, Officers, and Crew, of the Peacock,

Subscriptions since the last advertisement


April the 28th:
Balance advertised,


f 2,330 3

The Hon. C. Bean,
By Peter M'Garel, Esq.


88 0

R. M'Arthur,

f 110


P. M'Garel,



C. Dickson,



H. Junor,



R. Irvine,



A. Brown,



J. Wollen,



J. Knight,



W. Singleton,



J. W. Runcie,



A. Jones,



A. Van Zuetven,



F. M'Gilvray,



J. Whitehead,



M. Mann,



C. Schultz,


-- 858 0






f 3,276 3

JOSEPH BEETE, Treasurer.
May 3

THE COMMITTEE for Financial Purposes give notice, that attendance will be given at the House of Mr. Joseph Beete, Junr. in Columbia District, for the purpose of Exchanging the Old Paper Money, every Monday in this Month, and on Tuesday the 1st of June, from 10 till 2 o'clock - after which latter day, the Books will be made up and delivered over to the Receiver General; and such notes as remain out, will be received only at the Office of the Two Receivers, in payment of the Public Debts.
George-Town, May 3, 1813.

NOTICE. – The Undersigned, intending to quit the Colony with the June Fleet, requests those to whom he is indebted, to render in a statement of their Claims, at the House of Mr. Alexander Reith, in George-Town, Demerary, within one month from date, after which no demands will be attended to.
Pl. Tenez Firme, Essequebo,
May 1, 1813.

NOTICE. - The Undersigned, finding that a number of people are in the habit of hiring their Negroes on Sundays, for which they generally pay them with rum, (and very often beat them for demanding payment) in consequence of which their negroes are very often intoxicated, and of course unable to do their regular duty - they hereby give notice, that the Law will be put in force against any person hiring their negroes hereafter, without their consent.

NOTICE. – The Business hitherto carried on here by the Subscriber, will in future be conducted under the Firm of JAMES DUNLOP and Co. It being the Subscriber's intention to quit the Colony in four weeks or by the first direct opportunity for British America, he requests all persons indebted to him, to come forward with payment of their respective accounts and notes of hand to the above concern, without delay, as they will positively be sued for, if not settled in two months from date.
Demerary, May 1, 1813.] H. E. LEMMEX.

JAMES DUNLOP & Co. [centered]
OFFER for Sale, the following Articles, from the latest importations, reasonable for immediate payment in Cash or Produce:
Prime Irish mess beef and pork in half barrels, best Cumberland hams, pine and Bath loaf cheese, Irish butter in half firkins, loaf sugar, salad oil, mustard, Cogniac brandy, beer, London porter, glass, earthen and tin ware, black and brown paint, white lead, green paint in small pots, paint and lamp oil, white wine vinegar in small jugs, temper lime, cordage, tobacco, powder and shot, nails, fish hooks, sets white ivory handled knives and forks complete, common ditto, plated and pewter table and tea spoons, gentlemen's fashionable coats, assorted colours, ditto beaver hats, cotton cambric, cotton shirting, printed calicoes, India jean, corded dimity, linen pocket handkerchiefs, black silk ditto, gentlemen's black and white silk stockings, black worsted ditto, black crape, bombazeen, green baize for window blinds, check and striped shirts, India salempores and white calico, stationery assorted, &c.
May 4.

ALL Persons having demands against the Estate of the late Mr. JOHN AUSTIN, Manager of Plantation Belvedere, are requested to render in the same properly attested, to come forward with immediate payment.
J. PERRY, Deliberating
H. HUTSON, Executors.
Mahaica, May 1.

LOST - a Double-Barrelled FOWLING-PIECE, French-made, with some gold letters on the barrels - the stock old-fashioned, and iron-mounted. Whoever may bring the same to this Office, will receive a reward of Four Joes; and Ten for bringing the thief to conviction. May 4.

ABSENTED ten days past from the subscriber, an African man-boy, named Content, but gives himself different names; he is five feet two or three inches high, and is from 16 to 18 years of age, with a blacker mould than himself on his top lip, the right side of his face is a three angle with the nostril and mouth, the right foot swelled a little; he has been often seen at the Camp, and in the Fort, with the soldiers. Whoever will apprehend the said boy, and deliver him to the subscriber, or lodge him in the Barracks, will receive the usual reward, - Persons are forbid employing him, and Masters of Vessels of taking him off the Colony.

SECRETARY's OFFICE. [centered]

This is to inform the Public, that the following Persons intend quitting this Colony: -
Hugo Cantzlaar, j.z. with a servant, in fourteen days, from April 1.
Samuel Knight, (free coloured) in fourteen days, or six weeks. [sic – no date]
Malachy Glyn, in fourteen days, or six weeks, from April 2.
G. Wells, in fourteen days or six weeks, from the 5th of April.
The free coloured Martha C. Jordan, in fourteen days, from the 7th of April.
Samuel Dealey, in fourteen days, or six weeks, from the 9th of April.
B. Freyhaus, in fourteen days or six weeks from April 26.
J. J. Muncker, in fourteen days or six weeks from April 30.
Secretary's Office, Demerary, May 1, 1813.
Sworn Clerk.

PUBLIC VENDUES. [centered]

[Transcriber's note: no new or modified vendues in this issue.]

Notwithstanding there has been no arrival since Saturday, in our subsequent columns will be found, several articles of interest. But the one of most importance, is an Address to the French People, from their legitimate Sovereign, residing in England.
[Transcriber's note: European news not transcribed]

The other articles above-mentioned, are an Order of the British Council respecting the sale of Prize-Ships, and confining the operation of an Order of 1807, on the same subject, sole to France and her Dependencies; and a modest, though disguised, Proclamation of the Emperor of Russia.


ORDER IN COUNCIL. [centered]
At the Court at Carlton-House, the 1st of February, 1813, [centered]
present, His Royal Highness the Prince Regent in Council. [centered]
Whereas, by His Majesty's Order in Council, bearing date the 11th day of November, 1807, and reciting, "That the sale of ships belligerent to a neutral is considered by France to be illegal:" His Majesty was pleased, by and with the advice of his Privy Council, to order, "That, in future, the sale to a neutral of any vessel belonging to His Majesty's enemies should not be deemed to be legal, nor in any manner, to transfer the property, nor to alter the character of such vessels, and that all vessels then belonging, or which hereafter should belong, to any enemy of His Majesty, notwithstanding any sale, or pretended sale, to a neutral, should be captured and brought in, and should be adjudged as lawful prize to the captors:" And whereas it is expedient to confine the operation of the said order to vessels belonging to France, are to the territories thereof, or to any of the countries or places annexed to, or incorporated with France: His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, is pleased, by and with the advice of His Majesty's Privy Council, to order, and it is hereby ordered, that the said order shall henceforth be confined to vessels belonging to France, or to the territories thereof, or to any of the countries or places annexed to, or incorporated with, France; and that all vessels belonging to any other power at war with His Majesty, which may have been purchased, or may be purchased, by the subjects of any power in amity with His Majesty, and which shall be captured after the date of this Order, and shall thereon be brought to adjudication in any of His Majesty's Courts of Prize shall be adjudged by the said Court, in the same manner as if the aforesaid Order of the 11th of November, 1807, had not been issued, and the Right Hon. the Lords Commissioners of His Majesty's Treasury, His Majesty's Principal Secretaries of State, the Lords Commissioners of the Admiralty, the Judge of the High Court of Admiralty, and the Judges of the Courts of Vice-Admiralty, are to take such measures herein, as to them may respectively appertain.

COURT OF KING'S BENCH, Feb. 3. [centered]
MARTINI v. COLES. [centered]
This cause was argued on a special verdict, by which it was in substance found, that Plaintiff, resident in the Colony of Demerara, shipped a considerable quantity of coffee to a person of the name of Vause, resident in London, on account and risk of Plaintiff, and to be sold for his account. Plaintiff forwarded bills of lading to Vause, which were filled up, directing the goods to be delivered to Vause or his assigns: the letter which inclosed the bills of lading, directed Vause to sell the goods, and to pass the net proceeds to the credit of the plaintiff. Vause, on the receipt of the bills of lading, endorsed tem, together with several others, to the defendants, Messrs. Coles and Williams, sworn brokers of the city of London, who advanced thereon a large sum of money, conceiving those bills of lading to be a sufficient security. Vause afterwards became a bankrupt, and plaintiff brought an action of trover to recover the coffee in question. It was also found, that Vause was a general merchant; that defendants were ignorant that the coffee was the property of plaintiff, and supposed it to be the property of Vause; and that Vause, at the time of his bankruptcy, was largely indebted to plaintiff and defendants.
Mr. Richardson, for the plaintiff, contended, and quoted a number of cases is support thereof, that it was a settled rule of law, that a factor, although authorised to sell, cannot pledge the goods of his principal - much less the bills of lading; and that it was also a general rule of law, that the agent could not exceed his authority. The defendants in this case were brokers, and had they confined themselves to their regular trade, or had they taken the precaution of seeing the letters which inclosed the bills of lading, they would not have involved themselves in any difficulties.
Mr. Walton, for defendants, stated, that this was a case of infinite importance to the commercial world, and that it would be very hand on the defendants, if it were given against them. That it was stated by one of the Special Jury at the trial, that if a broker asked to see the letter of his principal, his business would be speedily annihilated: and it could not be expected, that he would do what would bring upon him such consequences: and that as it might be avoided by addressing the bill of lading to the factor, as factor. He said that this case differed from others, (which he quoted) both in respect to the filling up the bill of lading, and that this was not the case of a dry pledge, but the defendants were brokers for the purpose of sale, and placing the coffee in their hands was not exceeding the bounds of Vause's authority. The learned Gentleman then argued, that it would be altogether for the advantage of the consignors, that factors should have no power of pledging; inasmuch as the general custom is for the consignor to draw in advance on the factor, and it would frequently be impossible for the factor to pay those drafts, unless he could raise money by pledging the goods. In conclusion he urged, that the doctrine of liens was originally an equitable doctrine, adapted by Courts of Law in conformity to equitable principles, and it is a rule in Courts of Equity, that where two parties have equal equities, he who has the legal title must be allowed to prevail. He therefore hoped their Lordships would not interfere to take from his clients the legal title, which was invested in him by the bill of lading.
Lord Ellenborough stated, that it appeared to him, that plaintiff was entitled to recover; and although it might be regretted, that the bills of lading were not more carefully filled, still it was customary to fill them up as those were filled up. Since the case of Patterson v. Tath, it was held, invariably, that although the factor might sell, he could not pledge; and, although, if it were res integra, it might be for the interest of trade, that it should be decided otherwise, it was now too late to question the decision. - The case of Evans v. Martlett, his Lordship stated, did not apply, as carriers and warehousemen, among others, might maintain an action of trover, on account of their special property. But whenever the principles should enable the factor to hold out false colours and to state himself as owner, he should hold the principal not entitled to recover, as was the case in Delelira v. Edward, decided by his Lordship, at Nisi Prius, and recognised by the Court.
Mr. Justice Le Blanc said that whether, originally, it might have been better that the possession of goods or the symbols of goods, should be proof of property, it was now too late for Judges to speculate upon. The factor has no power to pledge, whether the pawnee have knowledge or not that they are not his goods. It is clear Vause was a factor, and if defendants had kept to their own business, of brokers, for sale, and not become pawnbrokers, they would not be in any difficulty. It has been contended, that it is for the advantage of the principal, that the factor may pledge, as otherwise, that drafts drawn by the principal might be dishonoured, the factor not being otherwise able to procure the means to honour them: but in this case the goods were pledged for the benefit of the factor, and not the principal; and if principal wished, him to raise money on the goods, he must give him a special authority.
Mr. Justice Bayley agreed in opinion with his Lordship, and Mr. Justice Le Blanc, that judgment should be for the plaintiff.


Bridge-Town, April 24. [centered]
It has been in circulation for the last two or three days, that the United States ship Essex, has taken the Castor, British frigate, after a severe action. This is on the authority of the following dated Philadelphia March 6. - "The Essex frigate captured the British Castor, and filled 150 men" - This, however, is rendered doubtful by a succeeding paragraph, "The report of the Essex having taken a frigate is not confirmed" - And as we have perused New-York papers to the 19th ult. which do not mention such an event, there are good reasons for discrediting the report.

On Friday the 9th instant, Mr. Hollingsworth being informed there was a Whale seen at the mooring of his boat lying off Maycock's Bay, accordingly prepared himself with a harpoon and bayonet, and accompanied by his son, and Mr. J. Griffith, on the following day went off to the said boat, where they found it lying close alongside and seemed to show no disposition whatever of leaving the boat on their approach to it. They immediately got on board, and endeavoured to pierce him with the harpoon, but could not penetrate his skin. They then struck at it with the bayonet, which succeeded, and he appeared at every thrust to stick closer to the boat; they therefore, by repeated blows, killed him, when he immediately sunk; and, by getting several boats with a number of the neighbours to their assistance, lashed and succeeded in getting it on the beach, after a tedious time of six hours. It measured 22 feet 6 inches long, 17 feet 9 inches diameter, and the fin 7 feet 4 inches in length. It has been viewed by many hundred persons and the skeleton is still to be seen - the flesh having been taken away by the neighbouring negroes, it being tried and supposed to be too young for extracting of oil.

LOCALITIES. [centered]

The April-Session of the High and Honourable Court of Colonial Legislation, which commenced on the 26th ultimo, ended on Friday last. Much matter, we understand, was proposed for deliberation; and many measures, aiming at the improvement and advantage of the colony, ultimately agreed to.

The April-Session of the Hon. Court of Justice is further postponed to the 24th instant.

The Nereide, Orr, and the Bellisle [sic], Reed, for this port - may be daily expected.

Departed this Life - at the Residence of the Hon. D. King, on Friday - W. Humphry, Esqr.

In another part of this Paper will be found, a judicial decision in the British Court of King's Bench, on the 5th of February last, on a Case, in which Mr. Martini, of this colony, was plaintiff, and Messrs. Coles and Williams, of London, were defendants - and which, from its great public importance, we have given in substance.















WHITES. [centered]
April 16. John Seward, Cumingsburg,
20. Rowland Smith, Mahaica.

FREE COLOURED. [centered]
April 21. Ann Moses, Stabroek.
The above Return and Obituary are from the Orphan Chamber.

GEORGE-TOWN: [centered]
Printed and Published, every Tuesday and Saturday Afternoon.
By Edward James Henery. [centered]

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