CAPTURE S. [p. 221.] From the London Gazette. Capt. Pole of the Succefs, of 32 guns and 220 men, writes to the admiralty, that, ftanding in for the gut of Gibraltar, with the Vernon ftore-fhip, he discovered a fail right ahead, who gave him chace; and foon after, a moft aftonishing, clofe, and well-ferved engagement began, which continued from fix till paft eight o'clock at night, at halfcable distance, when the enemy truck. She proved to be the Santa Catalina, of 26 long Spanish twelve-pounders on the main deck, and 8 fix-pounders on the quarter-deck, and upwards of 300 men; is the largest fiigate in the Spanish navy; had between as and 30 men killed, and but 8 wounded; her hull was like a fieve, the hot going through both fides; her mizen-maft fell during the action, and her main-maft foon after the ftruck. All night was employed in repairing the damages in the masts, fails, and rigging of the Success, and in endeavouring to fe cure the fore maft of the prize; but at daylight next morning, fix fail appearing in fight, determined Capt. Pole to for fake the prize, after fetting her on fire, and the blew up in a quarter of an hour. The Spanith Captain had a particular description of the Succefs fent him, whom he was directed to look out for, and had been three weeks cruifing for that purpofe. The engagement was on the 16th of March; and the Succefs and Vernon arrived at Spithead on the 30th. Capt Pole had only one man killed and four wounded. From Lloyd's Lift. By Britif men of war. By the Lively cutter, from Gibraltar: A French privateer of to guns and 45 men, carried into Falmouth. By the Monfieur frigate: The Minerva, a French privateer of 6 guns and 38 men, carried into Portsmouth. By the Daphne: The Pearl, Godhall, for Hull, retaken By the Licorne: A new copper-bottomed hip, from Philadelphia for the Havannah, with 1200 barrels of flour, carried into Port Royal. By the Eagle cutter: A Dutch privateer of 10 guns and 37 men, fent into Shields. By British privateers, &c. By the Jupiter, Craggs: A brig from Nantz for Bolton, with dry goods; and a floop from Virginia for Cadiz, with tobacco; both carried into Kingroad. By the Lady Howe, Stevens: Le Lustre, from Brest for the Inle of France, with naval and ordnance ftores, valued at 6000l. carried into Dartmouth. The Sally, Stone, from Oporto for Ire. land, carried into Brest. The Dan, Rolanfon, from New York for Antigua, carried into St Euftatia. The Peggy, Ford, from Corke for Guernfey, carried into St Maloes. The Ceres, Boyle, from Clyde for Jamaica, carried into Port au Prince. The Thomas, Harrifon, from St Lucia for London, carried into Martinico. The Prince William-Henry packet-boat, from London for the Leeward islands, carried into Martinico; the mail was funk. The Grafshopper, Nichols, from Dartmouth for Newfoundland, fent for France. The Brothers, Hope, from London for Antigua, carried into Breft. Taken, but whither carried not mentioned: The Experiment, Sinclair, from London for Jamaica; fhe fought two hours, had her masts shot through, her throuds, fails, and rigging cut to pieces, and four feet water in her hold, before fhe ftruck; but had only one man killed and three wounded; the Rebecca, M'Fadzean, from Jamaica for London. Taken, but ransomed: The Fidelity, Lake, from London for Memel, for 500 guineas. MARRIAGES. April 11. At Glasgow, Mr Richard Gardner junior, of the customs, Edinburgh, to Mifs Agnes Maitland, daughter of the late James Pyot Maitland, merchant in Montrose. May 2. At London, Lord Lincoln, to Lady Anna Maria Stanhope, daughter of the dowager Countefs of Harrington, and fifter to the present Earl. 3. At London, Visc. Chewton, to Lady Laura Waldegrave. At Bath, the Rev. Mr Bever, to Mifs Sharp, a young lady of 200,000l. fortune. 9. At London, Lloyd Hill, Efq; of the 43d regiment, to Mifs Charlotte M'Colme, fecond daughter of the deceased Dr Joha M'Colme, of the Weft Fencibles. 11. At Springwood Park, near Edinburgh, Sir Henry Hay Macdougall of Mackerston, Bt, to Mifs Isabella Douglas, fecond daughter of Sir James Douglas, Kt, Admiral of the White. BIRTH S. 29. At Leith, James Cunningham, Efq; of Pitarthie. May 1. At Edinburgh, James Philp of Greenlaw, Efq; judge-admiral of Scotland. 3. At Edinburgh, Mr Robert Forrefter, merchant, and late one of the magiftrates of Edinburgh. At Edinburgh, Mr Kerr of Chatto. 4. At Tibberton, Shropshire, Mrs Taylor; who, fiting in a room alone, aflcep, too near a candle, her head-drefs took fire, and before any perfon could come to her affiftance, the was fo burnt that the expired next day. 6. Thomas Brown, Efq; of Langfide. At Otter, in an advanced age, Mrs Jean Stennous, relict of John Campbell, Efq; of Otter. 8 At London, the Rt Hon. Lady Mary Scott. 10. At London, Brackley Kennet, Efq; alderman of Cornhill ward. 10. At Edinburgh, Mr Andrew Skene, third fon of the late George Skene of Skene, Efq; 12. The Earl of Scarborough, one of the vice-treafurers of Ireland. 12. At Edinburgh, Mrs Margaret Walkinfhaw, relict of James Walkinshaw of Walkinfhaw, Efq; 13. At London, the learned and ingenious Dr Solander. The death of the Doctor may be truly confidered as a lofs to fociety in general; it is a confolation, however, that the great botanic work, in which he was engaged along with Sis Jofeph Banks, will not be interrupted by this disaster, but is to be continued under, the direction of that learned Baronet to the fame extent it was originally intended. 15. At Edinburgh, John Cay, Efq; of Charleton-hall, Northumberland. 16. At Perth, Mifs Katharine MacDonell, daughter of Alexander Mac Donell, Major of Cavalry in Portugal, and niece of Col. John Mac Donell, of the 76th regiment. 17. At Caftiemilk. Dame Helen Orr, widow of Sir John Stuart of Castlemilk, Bt. 18. At his houfe of Muirtown, William Duff of Muirtown, Elq; 19. At Brumpton, near London, John M'Farlane younger of M'Farlane, Efq; 21. At Edinburgh, Mrs Margaret Archibald, relict of Lumley Thoresby, Efq; comptroller of the customs at Dunbar. 22. At Edenbank, Jean Gray, spouse to the Rev. Dr James Hutchinfon of Edenbank. PREFERMENT S. The King has been pleased, April 30. to grant to Gibbs Crawford, Efq; the office of Clerk of his Majesty's Ordnance. to grant to John Aldridge, Efq; the office of Keeper of his Majesty's Stores, Ordnance, and Ammunition of War. to appoint Vice-Adm. John Campbell to be Governor and Commander in Chief of the inland of Newfoundland, and of the islands of Madelaine in the gulph of St Lawrence.. PRICES OF STOCKS, May 16. Bank Stock, 114. No (1 hall, 4 per cent. Ann. 1777, 72 a 7 8ths a 3 8ths a 31 half per cent. 1758, 59. 3 per cent. Conf. 58 5 8ths a 59 a 58 7 8th. 3 per cent. Conf. red, 58 5 8ths a 58 14th a Long Annuities, 17 1 4th a 5 16ths. [18th Annuities 1778, 12 15 16ths a 13 India Bonds, 7 s. Pr. Navy Bills, 10 7 8ths difc. Lottery-Tickets, 16 l. 45. 6d. [3 8ths. 3 per cent. Scrip. 59 1 4th a 59 a half a 4 per cent. Scrip. 72 7 8ths a 73 a 14th a May 30. Bank Stock, 114 3 4ths a 1 half. 4 per cent. Ann. 1777, 73 1 4th a 3 8ths. 31 per cent 1758, 59 5 8ths a 3 4ths. 3 per cent. Conf. 59 5 8ths a 3 8ths a 1 half. 3 per cent. red. 58 5 8ths a 3 4ths. Long Annuities, 17 3 8ths a 7 16ths. Short Annuities 1778, 13 1 16th a 1 Sch. India Stock, 139. India Bonds, 15 s. Pr. 3 per cent. New Ann. 59 3 8ths a 1 8th. THE SCOTS MAGAZINE. JUNE, 1 78 2. CONT ENT S. Abstract of the Act for preventing the || New Books, with remarks and extracts 31r. Particulars relating to the ACTIONS of A- Sum of HUMAN LIBERTY, by Soame Je HISTORY 1980. Siege of Charlestown 289. Mr MONRO in answer to "An Officer" PARLIAMENT. Mr Eden makes a motion Gen. The Hiftory of GARDENING concluded 307. POETRY. Ode for his Majefty's birth-day HISTORICAL AFFAIRS. West Indies: LISTS. Marriages, Births, &c. 333-336. Ibralt of the act 220 Geo. III. for preventing the flaughtering of cattle within the city of Edinburgh, and for removing naifances and annoyances therefrom. And whereas under the authority of an at 7° Geo. III. "for extending the royalty of the city of Edinburgh over certain adjoining lands," &c. the city was HEREAS by the 29th at greatly extended, whereby the flaughterof the 23d parliament of houfes built upon the fide of the North James VI. of Scotland, af- Loch became fituated almoft in the cen. ter taking notice of an abufe ter of the city; and the faid North Loch, which then prevailed in Edinburgh, of which heretofore contained a large body butchers keeping their flaughter houfes of water, was drained, whereby the faid within the city, and emptying the filth flaughter-houses are become a public nuirifing therefrom upon the high streets, fance, and greatly detrimental to the lofes, &c. it was enacted, That after the comforts of the inhabitants of faid city, ft of May then next, no flefhers should and of perfons reforting thereto. eep any flaughter-houfes within the burgh, but fhould provide themselves with flaughter-houses at the North Loch ide, where they might have the ufe of water for their business. VOL. XLIV. And whereas the butchers, &c. would be much better accommodated with water and other conveniencies neceffary for their bufinefs, and the principal parts and ftreets of the city would be relieved NA from from the great nuisance of the slaughterhouses, if the fame were removed to fome place near the fea-fhore, or on the fides of fome of the rivers and brooks in the vicinity; it is therefore enacted, That from and after the 24th of June 1783, no butcher, flefher, or other perfon, fhall kill, flaughter, fcald, or drefs, any beaft, fwine, calf, fheep, lamb, or other cattle, or caufe the fame to be done, or keep or use any flaughter-house for the purpose of flaughtering cattle, or clean the intrails or offal of any flaughtered beast, swine, &c. or caufe the fame to be done within the city and royalty, or within the distance of three quarters of an English ftatute mile, to be com puted from the Tron Church of said city, or within the diftance of one quarter of an English mile on either side of that part of the river of Leith fituated between the bridge of Leith and Cannon-mill bridge, the distance to be computed from the river by lines drawn parallel to the paffages of faid bridge, upon pain to forfeit, in either of the faid cafes, for each offence, 10 s. Sterling, to be recovered and applied as herein after dire&ed. Provided always, that nothing herein contained fhall be conftrued to extend to prevent butchers, &c. from felling any manner of fleth or other raw victuals of any kind as heretofore accustomed with in the city and royalty. That in cafe any hog-ftye, neceffary house, flesh, dung, carrion, blood, offal, foil, or filth, afhes, cinders, or rub. bish, or any other noisome matter what. foever, in or near any of the principal ftreets within the city, or liberties thereof, fhall be noifome or offenfive to any of the inhabitants, or other person, the fame fhall be deemed a nuifance, and an of. fence against this act; and it fhall be law. ful for the Lord Provost, or any one of the magiftrates of the city, or to his Majefty's theriff-depute, or his fubftitutes, or any justice of the peace for the county of Edinburgh, where the offence fhall be committed, in any place without or beyond the royalty or liberties of the city, upon complaint made thereof to them by any fuch inhabitants, &c. by notice in writing, under the hands of the Lord Provoft, or any one of the magiftrates, or the fheriff depute, or his fubftitutes, or any juftice of the peace for the county of Edinburgh, where fuch offence fhall be committed, in any place without or beyond the royalty or liberties of the city as aforefaid, to order any fuch nuisance to be removed; and in cafe the fame fhall not be removed within three days after fuch notice given to the person who ought to remove the fame, fuch perfon fhall forfeit 5 s. Sterling daily, for every day that the fame fhall continue unremoved after the expiration of the faid three days. The next claufe appoints David Steuart, Efq; Lord Provost of the city of Edin. burgh, the Hon. Robert Bruce of Ken net, one of the Senators of the College of Juftice, Alexander Murray of Mur rayfield, Efq; his Majefty's SolicitorGeneral for Scotland, James HunterBlair, Efq; reprefentative in parliament for faid city; the Hon. Henry Erfkine, Advocate; Sir William Forbes of Pit fligo, Bt; John Grieve and Thomas Cleg. horn, merchants in Edinburgh; and William Fraser tinian in Edinburgh, or any five or more of them, to be commis fioners for inquiring into, fettling, and afcertaining, whether any and what fum ought to be paid to the corporation of fleshers, or to the members thereof, as a compenfation, upon account of their being restrained from carrying on and ex ercifing their trade and bufinefs within the royalty and other places mentioned: And for the better enabling the commif. fioners to inquire into and settle the fame, they are authorised, by their precept, to call before them all perfons who fhall be thought neceflary to be examined concerning the premiffes, who are hereby required to attend and give evidence upon oath, if required by the commiffioners, and produce fuch books and papers as may be found neceffary: And the commiffioners fhall inquire not only of the value of the houses, grounds, tenements, edifices, erections, and buildings, which may be in the poffeffion of the incorpo ration, or the members thereof, for the purpofe of carrying on their bufinefs of flaughtering cattle, and which, from the 24th June 1783, will become ufelefs for the purposes of carrying on the fame; but they fhall alfo inquire into all other damages which may arife to the corporation, or members thereof, by reafon of the paffing of this act. And in cafe the commiffioners fhall find that any compenfation is due to the corporation, or members thereof, on account of all or any of the matters aforefaid, they fhall order the fum or fums fo found cue, to be paid to the corporation, or fuch mem bers bers thereof as fhall be found intitled thereto upon account of the premiffes: and at every meeting of the commiffioners, the prefes of fuch meeting fhall fign the minutes of their proceedings, and the final award, or judgement of the faid commiffioners, or fuch of them as fhall act in pursuance of the powers hereby given, fhall be fairly written on paper, and figned by their prefes, and any two or more of them, and recorded in the books of Council and Seffion; and fuch award, or judgement, fhall be final and conclufive to all intents and purposes whatsoever; and the fame, or extracts thereof, fhall be deemed as good and fufficient evidence and proof in any court of law or equity whatsoever. That the commiffioners fhall meet at the Goldfmiths-hall, Edinburgh, at eleven o'clock forenoon, on the firft Monday in July 1782, and fhall then and afterwards, from time to time, adjourn themselves to the fame or any other place, within or near to the city, which they fhall think proper or convenient. And at fuch first, and every other fubfequent meeting, fhall proceed with all due diligence and difpatch in executing the powers hereby granted to them, in fuch manner as fhall be neceffary for carrying this act into execution. And if there hall not appear, at the firft or any fubfequent meeting, five of the commiffioners, the major part of the commiffioners io met, or any two of them, whether prefent or not, fhall, by public notice to be afterwards given within five days, in any of the Edinburgh newspapers, appoint the said commiffioners to meet at he place where the last meeting of the aid commiffioners was fo appointed to e held, within fifteen days at fartheft ext after the day on which fuch laft neeting of the faid commiffioners, when here was no qucrum, was appointed to be held. And the faid commiffioners, or any five or more of them, fhall, at all and every their meetings, chufe a prefes from among themfelves; and every queftion relating to the execution of this act, under the direction of the faid commiffioners, fhall be decided by a majority of the said commiffioners prefent. And the faid commissioners are required, finally, to complete and execute the purposes and powers of this act, on or before the 24th day of June 1783. And the commiffioners fhall, at all their meetings, defray heir own charges and expences. That in cafe any dispute fhall arife between any of the parties claiming intereft in the fame premiffes, or in cafe any part of the damage or recompence that may be awarded shall belong to infants with out tutors or curators, or to other perfons not capable in law to receive or difcharge the fame, or to any other perfon or perfons not refident within the city, or who cannot be discovered; or in cafe any person or perfons fhall refuse to accept of, or receive the fum or fums of money that may be awarded to him, her, or them, in the name of damage or recompence, it fhall, in every such case, be lawful for the commiffioners, to order the money fo awarded to be paid into the hands of the treasurer of the Bank of Scotland, or cashier of the Royal Bank of Scotland, at intereft, if any intereft can be got for the fame; fuch confignation being always at the risk and peril of the parties to whom fuch money fhall belong; and both principal and intereft, (if any intereft has been made of the same), shall be paid to such perfon or perfons as fhall make out a juft right thereto, and fhall be willing and in a capacity to receive and discharge the fame. That none of the members of the faid corporation fhall be liable to any of the penalties inflicted by this act, for killing, flaughtering, &c. until the commiffioners fhall have completely executed the purpofes of this act; and in cafe they fhall find any money due to the faid corporation of flefhers, or any of the members thereof, until the faid money fhall be fully paid to the said corporation, or the members thereof who may be found intitled thereto, or configned in manner before directed; any thing herein contained to the contrary thereof in any wife notwithstanding. That nothing herein contained shall be conftrued to extend to injure or prejudice all or any of the prefent or future members of the faid corporation, in any of their rights of election, as members or deacons of the faid corporation, in any cafe whatfoever. Then follow feveral clauses authorifing the corporation of flefhers, tutors for minors, &c. to fell, alien, and difpone, any lands, houfes, or other heritage, that may be neceffary to be pulled down, converted, &c. for executing the purposes of this act. The act then proceeds, That |