this licence, can have no effect what- Mr. Conftable was then heard in teply, and he opposed the principles which had been endeavoured to be drawn from the cafes ftated on the other fide. Upon the queftion of forfeiture, he infifted that the conditions in the grants were, and continued to be, valid and effectual upon all the heirs of the original grantee appointed to take under them; that the mode in which they were introduced in the grants, removed all doubts upon this head-for they fol. lowed the defcription of the heirs who were to take the beneficial intereft conveyed; that a failure of either of thefe conditions was ei. dently intended by the granter to open the right of reverfion to him, and not to transfer the benefit to the partyin remainder under a gratuitous gift; and that, even taking it upon this footing, it appears that the deed upon which the forfeiture attached, was not only granted by the heir in poffeffion, but his wife and fon, who concluded the feries then exifting, and left no perfon to claim in remainder. Mr. Conftable argued, that the power of devife granted by the patent was not general, but confined to the heirs of the grantee; and that it was not the meaning or intention of the granter to convey a greater eftate than was expreffed, or by any means to defeat the conditions he had thought proper to attach to the grants; that the licenfe fo much infifted on by the plaintiffs could not have this effect from the objections taken to it, as being granted without authority-upon mifreprefentation, and as not applicable to the aft of double conveyance, which incurred a forfeiture, nor capable of doing away the conveyance of a greater eftate than the party poffeffed, which immediately creates an efcheat to the lord, or him in reverfion; that the fact of publication of the fale alluded to in fupport of the the mortgage, if the Company were to stand upon that ground alone: and he concluded, that it was inconfiftent with all ideas of equity that thofe plaintiffs fhould be decreed the property of an eftate rendered valuable merely by the protection afforded and the expence laid out upon it by the Company for a period of near 35 years, befides fubjecting thein to the probable claims of all perfons to whom they had made intermediate affignments and conveyances of parts of the eftate, unoppofed by the prefent claimants in a fingle intance. After the hearing was gone thro', the Recorder obferved, that as it was a caufe of very great importance, and many authorities had been cited and referred to, which he wished to have time to examine; he would confider the matter fully before giving judgment, and fhould apprize the Advocates when the Court would be ready for this purpose. On Wednesday the 19th of June, the Honourable the Court of the Recorder met for the purpose of paffing a decifion in the Mazagon Caufe, viz. Sir William Syer, Knight, Recorder; Jofeph Harding, Efq. Mayor; James Loughnan, and Robert Henshaw, Efquires, Aldermen. The following decree was paffed: "It is ordered, that it be referred to the Mafter to take an account of what is due for the principal and intereit upon the mortgages of 1737-8 and that it be directed therein to debit the mortgagers the principal fum of rupees 46,323 upon the 1ft of February 1758, with compound intereft down to the prefent time, and alfo to debit them all fums of money paid on account of the eftate from the refpective times they were paid, with compound intereft, and alfo with quit rent and tax due to the Company, and the batta and perfions annually paid to the mortggers and their heirs, with com 5 pound intereft; and that he alfo take an account of all the rents, iffues, and profits annually received from the cftate, with compound intereft ; and alfo to take an account of the bona fide fee-fimple value of the ground which has been in the pof. feflion or occupation of the Company, upon which docks, powderworls, and magazines have been erected, and alfo the artillery practice ground, from the refpective times they have poffeffed or occupied them, with compound intereft thereon; and for which purpofe that he be permitted to call in the Veri. adorfs and Muttaras to his affiftance, and alfo one or more perfons on the part of the mortgagers; and that the Mafter be permitted to call for and examine all the books of the Company relating to their mort. gage debt, and alfo that he be permitted to examine all witneifes, whether they have been before examined or not, relative to fuch accounts; and that the Mafter be directed to proceed with all reafonable expedition in his accounts, and make his report thereon; and that all further directions in the caufe, and alfo the confideration of cofts, be referved till after the Mafter shall have made his report."--Witness, Sir William Syer, Knight, Recorder at Bombay, the 19th June 1799. Extract from the Hon. Company's Commands in their Public Department, dated Aug. 1, 1798. Par. 58th.-In order to preferve due refpect and attention to the of ficers of your marine, who, on important occafions, efpecially during war, are affociated with the military and affifting in operations of warlike nature, we have refolved that certain rank fhould be affigned to your marine officers correfponding with thofe of the military; and we therefore direct, That That the Commodore have equal tank with the Colonels in the army. The Captains of the larger veffels of 28 guns and upwards, equal rank with Lieutenant Colonels in the army. army. The Captains of fmaller veffels under 28 guns, equal rank with Majors in the The firft Lieutenants equal rank with Captains in the army. And the fecond Lieutenants equal army. rank with Lieutenants in the JULY. CALCUTTA, July 3, 1799. MURDER. This day the dwelling-houfe of Mr. Auguftus Norton, a native Portugueze, not being opened as ufual to perfons defiring admittance, and no noife being heard from within, fome of the neighbours, in order to afcertain the ftate of facts, got over the wall of the compound, when they found Norton lifelefs in the verandah; and near him lay a female fervant, who was infenfible from the violence of the couch was a child of the deceased, blows the had received. On a about eight years of age, covered with blood, his fkull fractured, and otherwife wounded: he was able nevertheless to anfwer fuch inquiries as were made, and from thefe and his female fervant had a violent it was collected that the deceased quarrel the preceding evening; in the courfe of which the cafualties juft mentioned occurred to the parbelow the Superintendant, and to be diftinctly afcertained. Mr. Norties, but the particulars could not Par. 60th.It does not appear neceffary to affign any military rank to the Superintendant or Mafter At tendant: but as the Superintendant had formerly a feat and voice as fifth in Council, and was alfo a member of the Select Committee, and in confideration of the import ance of his office, we direct that his civil rank fhall be next to the Mem. bers of Council; the Mafter At tendant is to have civil rank next fit above the Commodore when THOMAS C. HARRIS, May 2.-Shaik Ihmail was convicted of breaking into the houfe of Pittamber Narrain, and ftealing from thence a variety of gold and filver joys, and a quantity of wearing apparel of filk and cotton, the property of the faid Narrain, forming in the whole a large amount. VOL. 2. ton was a man of fome property that time an unlucky difpute with eight or ten years ago; but about an Armenian concerning a peacock laid the foundation of a law fuit; which was carried on with fuch fpirit and activity, that the peacock coft Mr. Norton upwards of forty thousand rupees, when the want of further pecuniary ftrength reluctantly compelled him to relinquith the game. FATAL ACCIDENT. It is with much regret that we announce the following melancholy accident, whereby the fervice has loft a most valuable officer, and fociety one of its worthieft members, Lieutenant Colonel Samue! Black, of the 3d regiment of cavalry. Colonel Black, after his + C arrival arrival at Patna, with a view of expediting his journey to the Prefidency, left his budgerow, and went on board a small bauleah, wherein he meant to proceed night and day. The very next night, while in the middle of the river, he was awaked by his fervants, who informed him. that the boat was finking. Finding her nearly filled with water, he lept overboard with a view of fwimming to the fhore, and unfortunately perished. The people who remained with the boat got fafe in her to the fhore. Futtyghur, 11th June.-The under-mentioned note was fent in circulation throughout the lines: Major-General Stuart, impreff ed with fentiments of the highest refpect and gratitude for the eminent talents of wifdom and energy fo confpicuoufly displayed by Earl Mornington from the commencement of our conteft with Tippoo Sultaun, and equally fo for the military conduct and gallantry which has finally in the field crowned his Lordship's political plans with fuccefs; judging that a refpectable addrefs of congratulation on the occafion will be becomingly proper, as well as dutiful from us, fubmits the accompanying one to the officers and gentlemen of the Ration, for the fignatures of fuch as may approve of the fame. To the Right Honourable RICHARD Earl of Mornington, K. P. Governor General, &c. plans with fuccefs, unequally fplen did; though unenvious of the merits of others, fo nobly difplayed, we cannot help th regretting that fortune has not alfo placed us in a fituation to pay our tribute of filial gratitude to our country, by a faithful exertion of our endeavours to contribute to her matchlefs glory, under the aufpices of the fams diftinguished protection. We have the honour to remain, with moft perfect refpect and attachment, your Lordfhip's moft faithfully devoted humble fervants, (Signed by General Stuart and every other Officer at the station.) Dated, Camp at Futtyghur, Dated, Camp at Futtyghur,} June 10th, 1799. Extract of a letter from Camp að Seringapatam, dated 7th June. On the morning of the anniver. fary of the King's birth.day, there was a meeting of the field officers who perfonally ferved under Major General Baird at the ftorming of Seringapatam, when it was unanimoully refolved by them to prefent the General with a sword, as a mark of the high fenfe they entertained of the admirable conduct fo eminently difplayed by him on the very arduous and dangerous fervice he was employed upon the 4th of the preceding month; and Colonel Sherbrooke, of the 33d regiment, who was the fenior officer prefent, was defired by the others to write the following letter to General Baird on the occafion: SIR, I am requested by the field officers who had the honour of perfonally ferving under you at the ftorming of Seringapatam, the 4th ultimo, to inform you, that they have ordered Meflrs. Jefferys and Jones to make a drefs fword, value 200 guineas, bearing the following infcription: "Seringapatam taken by ftorm 4th May 1799, on the one fide; and on the other, "Prefented by the Field Officers who perfonally ferved under Major General Baird on that occafion ;" which they beg you will do them the honour of accepting as a mark of their eftcem, and of their admiration of your perfonal exertions on that day. Jefferys and Jones have been directed to fend the fword out by the earliest conveyance, and we we hope you will receive it before the an- I have the honour to be, with respect, J.C. SHERBROOKE, Colonel. To which General Baird was pleafed to return the following anfwer: SIR, I have been favoured with your obliging letter informing me of the honourable teftimony of their approbation, intended to be prefented to me by the field officers who ferved on the fuccefsful and glorious affault of Seringapatam; and I beg you to affure them, that this diffinguifhed mark of the favourable opinion and efleem of thofe excellent officers, whofe gallant exertions fecured the memorable victory of that day, will ever be regarded by me as a recompence of the highest value. I have the honour to be, Sir, With the utmost regard, D. BAIRD. To Colonel Sherbrooke. left by that great statesman on the The following is a lift of the field officers concerned, viz. Colonel Sherbrooke; Lieut. Colonels Dunlop, St. John, Dalrymple, Mignan, Wallace, Gardiner and Monypenny; Majors. Shee, Picton, Forbes, Craigie, and Bell. DEATH OF THE EMPEROR OF China goods are at least 20 per cent. cheaper than I ever knew them to be before, and money is in great abundance. Extract of a letter from Macoa, AUGUST. CALCUTTA, August 1, 1799.. The public difpatches to or from Lord Cornwallis, and fuch other public or private letters as were intercepted by Tippoo during laft war, have been lately found at Seringapatam. They were carefully packed up; and, what is more remarkable, not more than three or four of the letters have been opened: the feals of all the others were entire. In two of the laft marches to Periapatam, where the Bengal volun teers went with General Ford to bring op the Bombay army, the only dry wood they could find to drefs their victuals was fandal, of the finest perfume, both red and white; there were thousands of logs, which were devoted, without mercy, to the culinary fire, and fpread a cloud of fragrance over the dated 16th March. The whole of the mighty empire of China is in mourning, the Emperor having died on the sd in. ftant, at the advanced age of ninety years. He has been fucceeded on the throne by his eldeft fon, who is at an advanced period of life, although I cannot exactly afcertain his age. From every thing I fee tranfacting with refpect to commerce, and from all that I can learn from the Mandarines, the new Emperor is particularly partial to the English-a circumftance which they readily allow to have originated with the embaffy of Lord Macartney: indeed, the favourable impreffions camp. At the time of the fall of the capital, and the death of the Sultaun, an immenfe convoy, confifting of the fix regiments of cavalry, Montgomery's corps, all the Nizam's horfe to the amount of near 10,000, a detachment of the Ni. zam's infantry, and about 12,000 European and native infantry, with 48 guns, having near 100,000 brinjarries under their efcort, were on their way to the grand camp, and about fixty miles diftant. Cummer-ud-deen was dodging them with the greatest part of Tippoo's horfe, and a body of infantry, with + C 2 20 |