The Sun. — London, England, 1807-11-10 00:00:00

'... ~v: 1= L2.171 2 * RE"ORT. COURT OF Nov. 7. CAM Pt 1 LL IN THE MATTER OF NEWTON ‘l ,. :i;Thcatiori . ft* liberty-to prove - under, fe ‘:,A , cliH:4,ll. a 41. , .4 . 1t due to 'the Petitioner, as tru!,Cee or the wrife and children of the Bankrupt, coot ~f which had bk frit yelmcd by the corn tuiso; (Is," or, the ground that the r(teeti, under w lilt - itiorß claimed, was a gratuitoua'con vvsaifce by 'fie Bankrupt to his Wife and children, to the IleiOdice of the lawful creditors. heir , ,A 0n7, , d by the affidavit of the B inkrept, that diA rh,t at the time of •th', eCommission issuing, or for st:,,w Moe previOns, Owit.:any debt due at the 'time of executing the conve7aoce, the Lotto CHAN. cr.tiata thought this sufficient; and ordered proof Of the debt to be admitted. EX-PARTE 01'1'11 IN THE MATTER OP ROSS. This was an applicolion on the port:of Smith, a creditor of the bankrupt's to the amount of 17001. and who had takt.-nt in• execution subsequent to the issuing of the Commission, to starthe Bank rupt's certificate, and allow the Petitioner to prove "Ids debt to the effeet of assenting to or dissenting from the certificate. case vets *argued at considerable length by Ittisseoe, on the part of - the' Petitioner, and by Sir SAtuv.ne NI E. Cooki,",for thoßankrupt. It was contended by, t fortnei, that the .commission had been: taken otit eine* for the purpose. of defrauding the Petitioner cif Iris just debt.. Sir SAMUEL, 110 MILLY anti Cooke argited'owthe other. hand, that the Petitioner had endemoured to obtain an undue prefoence over the Other crediters, and, i cilint; in that, hail resorted to this the.hopo of still acootnplishing the . Objeet lie bad in view, •, The I..otin CHANCELLOR was of opinion, that if the Petitioner bad intended to oppose the Bank rupt's certificate he; should haVe come forward earlier. He considered that.the Petitioner was struggling to, obtain an advantage ..over the other creditorS; therefore ordered the Petition to. be disniissed .with cu6ts. NoVIIINIDER 9. wHiII.oCKR V, SYDENTim Immediately after the Lunn CHAS:M.I,OR had taken' seat, . Mr. HART addiessed his Lordship, and bco.g o d that the farther consideration of the motion wli c h he had the hohour of waking on the first day of Term, for having the Printer and Publisher of a weekly newspaper called " The Legal Register," committed to pri , son for a contempt of Court, in mist epresenting iheproceedings in this c:luse, might be postponed' till Saturday 7'.he Printer of the pa per in question, who was the only party at present complained of,, Seemed desirous of making tAery atonement iii his lower for the offence tic lrldcom milted, by giving tip the ant bur of the publication, sad he (Mr. Hart) had no objeelion to indulge him with a tow days for his'porpose. Mr. BICHARD3, for Griffiths, the printer, said that the person tor whoa] ht nivared was, in milid and intcrukai, as innocent of the offence' imputed to Lini as the child unborn.' Tim Loan Ora cr,14..0u said, the' Learned Conn sel wontd ha'e, great difficulty in convincing him that a printer etnad'he sopposed innocent, merely Cott twaltiSe he gave tip the author of an improper publi. a aion which he had been the means oh dissemi natiperbaring his long praftiee lie. had never het able to bring his mind to believe, that a printer of a lit e 1 could be itltrOCCllt atild ought to be eseused be canse he gate up the author. Mr. HAUT said, the 'party for whorl - 110 appeared did,not wish to screen any person ittiplicated ; but rather wished. to have the author than the'printer. . The I.oen CHANCRLLOR had no objealon to the motion lying.oyer. Ile had some doubt whether the publication was a contempt of Conrt. Sv tar, however, as the' Commissioners were, concerned, there c'< old be no doubt that, as they a.ted under the authority of the Court, it they bad conduaed themselves properly, they were entitled 'to its pro teaion. COURT OF KINC's WESTMINSTER, 3ATURPAY, Nov. 7. G/13,1i,S r;4 V. PERKIVS ANivoTHF,ne, Mr. 11-Attuow moved:for new 4o this cause,, which arose out of the bankrtipiey of Nlessts...Dick ensgps, of Itiriniughatn, turntql entikly uptn the question whether. the Defentiants, , who were, Country Bankers, at Birniinzliatn, had :3 right to re tail, three,nills' of ex change. Mr. .o,ttiaow, at the- tri..ll, slated . his case and offered'evi . tienee p...)ve it, hut his,Lordship, ,before whOitt it was , tried, at . .Gnildb;lll, held tee Iti6l. ' W ho insufficient to itnitl..! the Defendants to hold the bilk, in it.' a verdia was given against theta. Mr, GA uow now , re-stated the evidence, and that lib would have beets enabled to prove that the parties trausatied inishiess, very differently Irolll tits, London Knitters ; for the Linihion.Bankers, wltt ti they receive cash Or Bank notes, enter it and give the customer cre.lit fur it iii his account. Lim when the customer pays in or Uel),)sits whietA art! On due, they enter ibeirt r a..; it is called, short, and do not givo credit upon thc.tu ,tmiess they agree to rouut thetti, when they charge discontit on the other: side. In this Cme, the Banker 4 received rash. Bank bills, and undue paper, .in one stun,. and placed it to accie int,. the bilk being Cast tuttorqd, and' ch:irged or attuwed loteri.'st on both sides , of the account. On all 'Occasions tlity did 16, rejecting such paper as they disputed; but never writingin slmrt, as it is called. He thetelo?e ,contended that these bills so tieliasited pftsscd to O A Bankers as their property., . , I,nriii..A.i.„Ei,itououtitt'said, that 6c:circumstances in this . eas, did not differ it from au ordinary dry deposit of money in the hands of the Kaiker. Ju ail cases the banker cit her takes bilk sit hick were undue, and doe not carry the anon* c , :upt,.and 'dots not have them intleirheti by his CL H or he dis. , counts them and takes his indorsettieut,- which lades hint to Sue afterwards upon that bill. bot t rases he has Al lien upon the bins only for-so-nitwit *4 is aftetwatds chawn.tilr by the cnstorner.--Rule rettlced, BIRTHS. On the Ist inst. at Edinburgh, Mts. Campbell Hamilton, of Milseri,:ola Son. On Wec,ebday last; at Dalkeith.House, Scotland, Lady Cirotith: 1)014;las, of a Daughter.. Yesterday, the Lady of lohn Rogers, Esq of St. Swithints larti;; cd t Sou. : • atcly Alts. Sttaton„ of fitzrpy-square, of a Son. --4.-- --7" • Mint RIA.D. e.tealay v at St. Andrew's Church , llclborn, A. C. Da- Lsti. of Lambs' . Conduit-street„ to Miss Deyenish, of 4,i rear j aims st reef, Bedford • row. - •On Friday, Mr. Parker, of •Leeds,.. Merchant, to Miss Moody, eldest daughter of Mr. :Moody, Ship-owner, of 4)n Sunday, at St. George's Church,. Southwark,, Mr. R: Bell, Pruner; of Clerkenwell, to Miss Satalt Newman, se cond daughter of the late Geo( Ae Newman, Lent. Latch, at Ilelitisley-Blacitarnoot,'Me John Brown, Me thodist Preacher in the Manchester Circuit, to Miss Mary Smith, daughter of Mr. Christopher Smith, of Hararn, On the, 13th ult. at Corm, in ,Coverdate, Mr-Anthany Dodsworth, aged Ss, to Nliss Cumberland, aged zo, both of Carl tuit. A few days ago, at Denbigh,: North Wales, the Rev. !ones, Vicar of Iliddenbant, lied tordshitv, and Fel 'env, of Je sus Co)lege, Oxon, to Miss Meiliarn, daugutek of the late Titumai Aleshant, Eat!. Lately, at Stoke:upon-Trent, Staffordshire, Mr 1. Proc. 'ter ii r 4 2.9), tm Mra. l-latton, aged 7t, both of Newcastle. DIED. On Friday last. ovit 70, p,t %Yellin4ton, Henry :hi lls, Esq.' the oldest Magistrate in the County of Durltaiii. • '1 h o y a rne.43_,.. klato.ltester, Mr [oho IL,, ton, of an iq~u,oliiarton, ileum-101 V ickers, 4.11c1 ilvviion, 41 Ila a i .1.,(1 haiu ful jil Salurday last, at Sinningfon-tiousc, near Kirbyinool aide, atter a abort but painful illness, Ilicnard iraw,on, aged as, only stoviNlog son or Ow KCV: tot:bard Uawaoni • Redo,. of Isoltori c mar c;uishout,, in Cr.tven. Yesterday selinight, after a paidrut. atflidion, Mrs. Ste pliensuri, wife of My. ltobert'Stepheinton, ot 134yerley. The save day, at Ihigg, in fathwlusturc, aged 69, lona. than Qoodwiti, sCII. Alert:twit. LON DON MARhU IS, dcc. t .14.1,:il1itN or MASA I.' thl MARK-LANE, .11yk1c3sra. Cart.o and, NIA Li , As, :Meal Weighers, 111clit.ting only from the. 36th 01 041, to the 3i4t ot 0 tt..berr a4rte:wly 10 the Azi. „12 Qtllttet'S at 7;,..5 Ott a. 1.1 Quarters at ' '6Zi 'O4l ', 13 7 -..------.. at• 616 cd t.itt ---4--....... 4 t .41 I (K 1 344 —^-777* at 6)# q 4), ' 0 —7-- At th.. 04 , . ~i ----.. at 66a 64 st ---- --- m j i,, 0 1 674 —.— at 66, of n 8 --- .ai 45,. 6.1 32. i ---. at , 653 o 4 -113.3-• —4l 56i 0/1 39 1 '"---- 4 k 9 4 ' 4 ! 1 1 0 7 -- 7' --. " " 1 sciA4 Ito ---- -at u3a c , ..t i b ---- at ji, 04 • And 5 , Quarms at szs. tier,Quaiter. 'fut.*/ 3613 Quattars.--3a,cti/ 635. 31. i. • oa.- lift.. Ittg!ter [llan lOU it . ttint. , , • 4 RETURN OF FLOOR, , ° Prom Ott. sj. to Ott 30; trotri the C l ocket.o.llicm , Srel:s. b. 4. !• • s.uka. 6.. t. „ 5...1; 0 ,, 1. pt"`' 33 --- ba o (to - ill 6 ,2 , -- pr Pi L lO ---- 0 4 ' 9 7 9 -..--- i3 o +. 47 0 - •, 0 D 12554- 55 Q L 24 • si- 6. I ,s 4 — 7! -30 S''. 791 .---. )4 o ; 7t 7 --- 51 o a .: . .0 - 4/'; J.. Mid t: SACIC iIL 45i. I, f ISALI. ' ' ~ l ' Oti,4l-• 15,Sgs N.0.151.!—:—A ,, ...4.tge 5 1;i. i.,!, I. per Sly.k. 90.464. 'o Si4i;k lotv4r mi.:4 iat vrpel,.. , ' ' . . lL N Ct)U ri-f N' tll et 12 K.F.TS (Lsr tiecti . „, (.21" VielteJt. Batley. (% it). rielyitury 59% to 74s jos titt ra ir3 oil ZS; 6 , 1 to ;6 Os to Cris iltlett to 311.100 ad to 30$ 1 14Valt: 3141 4".: i tse 6 Ti k e: I $ 5 l: t t ,? ) ( 64 )2.1 . 1. 1 3 2 , 1'3 3 , 4 fries . 51 ) to• 645 , 335'4 to 35,E , .t3S 61: r 33 .4 ., 1 kUrittittster jos to, 645' . .j jOs otZO 39s od I iky5.0,..1 Jt. PRICE OF [WI'S. 1 Joks . _ . , rocK *TA. 'Kent, 41. t 63, to il. t;s. Kent, O. ss. to ul: iO - .0. tit , . to ;I Si. Stlit.C. , ., /i. .),.;110 61. Old I :sbax, .It, Jo 3, Co 51. ii*. . 1-4dtiw4il, Ht. a31,t0,10t. n'is , ' Niiwc,vri: AND LEAI)ENIIM , ,L At 3 it K.F.TS. ily the C.irc...ts,:. Reef 2.3. 81. to 4.5. od. 1 V4.',A1.• 3s. ori. to ;',;.. o: Mutton 25.. J. to, 43. 4L. 1 Pod:.' + v. id, 1..) , / # ,) 4 4 ' _ I'RLCJ L I::4.111E It ( r e . h. 0.1 AT 1.1:41). 1 -:411Al ,k • Butts, EMb Sts to . each . - 22,1. to 41 1)IttO 60 to 6514. ouch. , 1 , 0 r 74; 1116‘44taae - - - 2 vl. •1P • 24 4 1 ' • Dressingl6,t. to, a 71e., :FioeCo.“-o I.lples, . . Croli !Ivies. 3s• 1 11b. 1(4 cuttio4 . 87,1. •to 1..).ti0, 4s to ;ow. • - 2 , 4 1,„ dt .p to 44t0. c 5.1. to 11.1. oft Iti r , Ditto, s* to 7010. Tb. Ditto, SoIL, 4o• . 0,1, 1 9r 1,1)4- ••••"; Small Seals (C k,•,.6tott) 344. t. 40,i. per lii. • Large Mtto, - • to lo 4s. fief Tatmect Horst to lob "e4On. • ' • RAW 41 b 1 45 . ). 1 14 Beit iiei rers anti Steer:. st,l Ordthary, is, tod. to 2 5 . 13. ach1:1•1•Js. 4*.t. Nl4acet 4.464 NI - ladling, xi. 40. to Z.N. •&V. I 11+,trsi3s.to 16*. Q.t. ,, ' Skllns - PRICE OF TAL - LOW. 04 1. St. James's Market , 4s. • Clare Marker 4s. Yriluw 6 4 ) ,- • ''' l l ; Whi rechapei'Malket 4s. eiet tY mirk: a 0..-5. all. t?' , per stone ot --- Soap 4.16..6t5. -.5•'04.1• its. ed. I Merril% Stuir—s. Soi' Average prico 4s. ci,t. • Ditto rough' -- C• 33 * * Cd• • • tifilVer. 124. 44.• , • Gookt•t)rep.ii ark. • YellOW 9os.—Ltutt, 94 ,, Price of C.Antiles per itozeri. t z b .'ott, —Moulds, Ili St. lAMES'a Y ALA KN. ET, NJ/. 7. Hay, 41. O. to 61. cs. Si, .0!„ Straw, 11. t6i. att. to 2 r 3s, 6d.—Aver. rt. 19i. go. WHITECHAPEL HAY MAROE,T. thir, 4 1. 4 8. cd. to 4..)1. Jos. cl.-=Aver. 51.7,. tid; ,ClOvcr, St. tos. ott. to 6t. 4,. .Straw, 12s. on. to l. t7o. New Hay el. os, per Lost. COAL.M'AkKET. Shi pi at Market. -304 d. 7 1 2 5 3 '- s N o l c i :v d_ e cat i l t e t .. ;6 2 .. I,,ic ii vi l c e as rs tie ,• *S i '4 ; t ; 432279:1 . 0 0t1 1 :1 1 :: . 9:' " 3l'' NuY, 2. ,• i • i •,i h.'. I . 1 : g Suadee.and 21 at 4 4 6 ; 9t od i -, 1 1: ."-!• . , • 3 Cimien 6. 2.. I N i ) ewcwstle . 1 . i.t E..,.... 3d- --> "' 31 ta , 46$ 4.4.1., 0 , ' 1 . . t Stoue Coil . . lof (.):. ...: —„ 4.1 2 Ctutiets ' • 2 0 7 `.., fed •••"' ' °I% ~................... ROBINSON V. DARTIIWAT7 Mr,,TA m i tt - toyed lora to t,e ehtereil in this which was-ii qui-tfitn action, tried at Yorl: . beforeir: Justice -CHAm B UpPit 4 Gvo. 3, c: go; s. ti.• -_ _ _ 'There were lout...counts, which cliamed the lac fendAnt with being a Captain iu the d : Surrey 2 1 / 4 11i 7 - litia,tind lining at the town and co'nty o(Kingstou upon iiull,.executed certain acts and powera under A.U.4,Parliatnent, as a. Cm'ilitin in the Militia, without having-delivered Ito the-Clerk of the Peilee for the - . coluiv.,Of Sutrey. a due certiticate qualification,. ~,In:some a the counts he. was charg, with some siXcific acts,. such as sitting upon. a Com! •Alartial its. President, but these ;taw being laid . to have been performed in the town. , and county of and, not being proved its laid there, thu .Learned Judge non-suited the ;Plaintiff on thew counts.. • , 'rhe count in ()notion was laid generally, eharg ing him simply ,with executing the powers vested in 3 Captiiiii by, the St4lllo. was a Lieutenant in the same ITO-. ment. The Defendant was properly lualitied, being the son of a gentleman 46001. per annum, an d had, sent a certificate of his qualification, ; but. though 'be stated the coniity in which the qualiriCation was,'hu omitted the, parish. Since the ai:lion he had o sent a proper certificate.' The only to proved againt him was that he had received his own pay, in the town of Hull. The Learned .Judge re carved the point at the trial, and gave liberty to Move for a nonsuit, irk case the Coui t should be of .opinion that receiving pay wercly , not doing such an an as fell with in the words of the stutute, 77 The Court gratiml the, Rule. • There is a farther motion alto in arrest of judg. went, whether the count iu such general words Was good ; and whether it ought mot to have speciiie4.. the a6ts done, PITT U. GREW . Mr. DAmrimt moved to set 13ido a vet ditc.t before. Mr. BARON l'itoukkam, at. Exeter, and enter a nonsnit. The peint was reserved as follows The altion was in, covenant upon a lease of lands diserihed,in the declaration, one of which was OA re in called " The Seller's Bean Field."-The Defen dant pleaded .71011 esfiftfaUm, anti other pleas. In - the lease; produced in evidence, the field w as described " 4110'S Been Field." This, the Counsel contended, was a material variance in setting.,otu the, etl'eet of a deo .', and Cited Cowper 664 , 4 Term Rep. Min. and a .Nisi P rius case at Salisbury, betbre Justice Bot./..pa, Lent Alisins, 1797, which was a k:4lward VI. for ,not setting dLbt on the Statute of. out the tyt he of lands, and. there the Plaintiff kiln ed, that the Defend3ut was possessed of, a. certain close, called Wood /ant. 1n evidence it appeared that it mas talk(' " Woodhhawy" and the Plaintiff was tionsuited. So also in flos. and Pull. the vari ance nt St. Ethelberg and St., Ethelovrga,was.held because: one was a will: and the other a female saint, In the prevent case there were other lands, and other breaehet, of covenant, end the Plaintiff did not take a. ver4lict upon any of the hreaches'Avith respeet to thkelosie. Loril ELLZNISOROUGH, Chief Justice, upon these anthorities, grinned a Wile to 11011 DAnurr AND AfitienEtt Ews. , Mr.•Cunwoon Moved to discharge the Defendant . upon filing common bail. He was arrested for z,OOl. This debt 'was in ha liquidated upon an agreement entered into under the fiAlowing circumstances t—The Del'endao( kept a' shop as a taylor, in Chartfig-eross, and wafsnPPlied with goods by the PloiutitFs, who were Iris partners.. At the cod of the week they crane and took all 'the money received, and allowed him 301. per week far' his trouble; but finding the ho3iness not ans Wei, they put. an end to it, 3lld made him sign an agree. Meat to give op the bowie at Alicdiaelm:l4. He ob. jedetithat there was a lodger in. the house, who could not , he turned out, , and they said it vas very. well„ the person Who took the haute Would pi obably let hint stay 3 but In order to'protet his ludger, the' 'Delendatwretitsed tolive up that part of the house, and the •Plaintiti- brought netion, and also an ejellment, whit+ the Learned 'Counsel contended, was extremely hard upon: his client The Court held,. that as this Went to the merit's, and ai the' penalty was liquidated, and the Counsel could state no Error OA the faee of the AffidaVir, the , motion could net be graute& :Novt*lmrt 9. rem. v. TAYI-011. The ATTneNtcy.thiNKRAL 'moved for 'new trial in this case. It Wjfi no salon which bait been -tried at Gtiildhall, ott . the Atli. of Jti laftt.t . tbroslight by- Mr. Poi), the Commander of a Revenue-cutter, in cad& to recover the produce of certain prize-money arising from the capture of certain Dutch vessels, The tricts,of the case Were t he.se :—This Mr. Pell had beert‘Commander ()film Hind Revenue-cutter, of. kk hide •Captain Allan had' formerly. had the corn-, tumid. Against this latter Gentleman a complaint had heat made, and he had been trio(' by the Otti cent of; tan Customs, 4ind a/though absent, was found guilty of certain charges; his Commission , was ordered to be and the seal was tarry did it. On a 'representation, • however,' being made, the matter was're-heard, and the Sentence of" dismissal rescinded ; his commission .was delivered up,andditted.as his former Commission. In the interval between his dismissal and restoration, this 'vessel, the find, captured certain prizes,. while the Plaintiff in this CatISC I vino was formerly,. Eliate Was :aesing•as.Commander, and this was previous to the 'formal declaration of 'war, .or at ,least the issuing - of , tetters:,ofMarque. '&t Pell was! riding without a Commission,, , the disposal of_ the Captain's share - of prize-money was ia.the. Prown. His' Majesty, by:his worrant, datedu4th July, 1005, cli'retied the'- Agents to pay three-eipths,of the proceeds to the Coimuanding!Oilicer atilt the-crew. of the Revenue eutterihe or to lttl* n -TaylOr, 'General :Prize :Agent , forJall cantutes tnade by cutter s ployetlits t .service of the. Revenne:. and. CUSWI'IIS; By that warrant the particular distribution i 4 ttireet ed.46- take plact4 in the f.ilow;ng manner the -Commanderobe 14.32 d part to the Mate, the .part ;• to, the Deputed Marinersi the 3-2'2tl part 5 to the IMAI - iners, the rernaitit% 8-324 part if there be no, 13iinited , •Marfiltirs; , -.4bue hail to go to the Commaoder; 1- - tthief\ the Mate, and aiiotti to ft , e40414,1gF5.: t,his time, merly hadthtt Cunauiis tpu Wal,k4bien.t, and •PetlijolOP was,,eetorkiantliug the Outer i ;': so thatittArkOieiugpe legaUletumander, that 4,bare a dt.Uil 1y,71; mpaineo uhdiqlos4d , cri - and„ the Vatrant in censequence• i 11- t hat • respeCt, cont ;titled tutopt-ra led upon.. It .had, in.)wever,.,struek,,liisi. Lordship (A lenhorough) that .as- this was,. intended aS.Arewalki ter actual ~servicel'ell was .entitled to. the prize,' money. .The , Cotpptroller • of. the •Custoins,, who teas a witness this case, ,said ;that Pelt was di rected to keep the Cutter atsua. under his command,. and although he was not. paid as the ACting.CoM wander, he wiis allowed ,vl6tqalliog ‘timiusy 'as such. .A letter was also written authorising Pell to at iu the mean time. From . the •circußstance of there lA:nig a Deputed Marieer, the Captain's .share was . less,. and that-Deputed Mariner, said, that. if Pell was acting as Cen.mander, then he (the Deputed { was was acting as ;Aate, and therelOre entitled to a Nikte ' s share while. Pell says, that in that case • he (the Deputed Alariner) not being entitled to•the Depqted Mariner's share, would consequently en-. title hith as Commander to a greater share. Sup posing; therefore, that Pell was entitled to recover AS Commander, his (the Attorney-General's) appli cation would then be, that the vertiio should be re- . (Weed to such suns as he would beentitled•to, sup posing a Deputed Mariaer to be reckoned amongst the number. • It was for their Lordships' decision, whether Pell's :toting as Commander lifted up the Deputed Mariner to •the situation of Mate,. and left no Deputed Mariner. It did not appear from the et that the Deputed Marioer• ever acted asp Mate. Toe Met, howe%er, was, that if there. wai a ease where a person u ho was absent was entitled to his share of the prize-money, it was this, because Allan ,v..as put .out of the command by gross in justice; lie (the Attorney-General) was not, how ever,. contending, tor Allan; but was contending on behalf of Taylet, that. the prize-money in this case ought to be otherwise distributed.---,!rule granted. WALL V. KING AND 0711 Eu. • Mr. G, arrow moved ter a• to ttheW cause why the Nonlduit obtained before Mr. - 'Juitice in this case, sheuld not be set aside, and 'a new trial granted. I'llo Dedaratien stated, that the De fendants exposed. for sale a number of Lambs, .which they • warranted as South Down, and soon(' Stock [lambs,, but: when purchased by the -Plaintiff,' they were found to be unsound, and nut Stock Lambs, being afflicted with a 'distemper called the Rut. — Rule grimitd. ILIOGINS V. ISAAc AGUIL4g. Mr. PARKc moved for a Rule to slew cause why a new trial should not :take place in this' case. It wag an atlien upon a PoliCy of insurance Of . a ves sel loaded with sugar, from Detnerara to London,, Which %vas tried at Guildhall haute Lord Ltlen4O 7 rough, so latvly . as last .Nionday, 1t enorely de pended upon the construttiou of the Policy, , which,' in this coie, included' the risk of boats in conveying the sugar to the vessel which lay in the river of merara, and part of the sugar Was supplied front the River 4ssecptibo. Upon trig point arose the con: trove' sy in the present insuutce, the River nut being mentioned'in the poky, acd not being Under the Wine Governor, or at De puty Governor, as that of Deincrata. It t lie :,Plaiii titrwi'shed to :,hew that this River was included in the description in the policy, 1) the name Demerara, it was incumbent upon hi , a to prove, that it , t ;is tic) included by custom ; but upon this poitit there was no e vidence at all. The Myer Essequibo was Much larger 0131) that of ntittlel'ara, ' and time Sue* was brought in large schoUne'ri or draggers, during which operation 15, hogsheads of the sugar were lost.— He, dicrefore,:subinitted;‘L‘a the Insurance could only be applied to goodS lest in the river 'Demerara. Rule granted. . COURT pF COMMON.PLEAS, Nov. 7. • •r[m.lZcikY 4.1.• MICKLEWAITIIIt. .Serjeant CocAELL moved for a Rule to slew cause Why the verdid in this ease should not be set aside, and'a nonsuit entered. This was an • act= tried at the Assizes of the Connty of Sussex, for false imprisetnnenr; against the Defendant; - the lato High Sheriff of the County. Lord Chiefltiqich kecollect the case well, and I . believe the only ghestiou is, whether Sheriff has or has not a right to 'itupr:•:- .son a person• whb by noist or outrauge shall dis turb an d molest; hie 4 su tuning the Ton ?--fake :t; Rule." • Serjeant Cory.ELL—" The pregeht application goesAurther, :iciAstnuch. as en tilt Jt►ititicat~uu there is .s reference tc, au actual assault committed, al though the ven.hd of the Jury went to every thing save the. assault." Rule granted. ~.Sfir IP lo;r:E,, • loirer)4ovyi4,.t4ovamxtr 7. jatiVerin, f •'r s t i an t l . ICTUfZe.; Hib Ship. :I Fleet 441 o: v s iir bt: tvt6i n :. t .i d t. - if t b c: mr t u h n o ti : t c l e oe s len,( t i . s : e a y z . t . : z..u l mr . a e .„ : l ,4: ‘y i , r ,o .l l, lke i i v ii e l n itiu tz ac C l4.l: t t itt ; e ti r art , iy,7 l9 , l lo :: troth Sttndcriand,. with ceals; Goo4i Intent, R. Th.itetteri,' frcitit Poole, with Duke oflurk Eg.; ciao Cutter, Capt. SaritiOn. - front a cruize; Chestertidd •:Post-Oitice Packet, S. Wood, .with and passengerst and if ril Hata, W th. Cqutt, troth uernse) . -6atled - =-11fistdajetiy's Vint°, and Liberty Brig, on a crui4o , ;. (.lirtsoound „ Revenue. Cutter, R. Wilkinson, tor cyernseY ; Wm. I.4cgrisll, attd A uza, I. 1Yi ,. 1 " Immi. for Plymouth, with ; Pheasant, T ll oyneS, f or 1, 4 01 - 1b11101.1t11:;••William and Frtrets, Wjn. for 'Lon dpu ; Alert Iktra D..Potron, for •Guernsey, With passcugers ; and General, Dolie . p , :st-Otlice Packet, Capt. Maihnnf passengers, tor Cheritsey and lersey. Mai Mr V, LP. •YONTE. Serjeallt SHEPHERD moved for a Rule ani to shew se whyt he vet d i his case should not be set aside, and a nonsuit, entered: This wa. an action, , tried at Guildhall, to recover the value of a horse, Of which the: : Plaintiff was owner. He had ern ployed• a Mr. Hall, who'was the principal witness on the trial, ito sell this horse. From his testimony it appeared, that the Defendant, De Foote, had en gaged with hid' to take the horse, in order to be tried by rt Major tvlackenzie, and also undertook to bring back, at the expiration of three hours; either the heise, DT the sum of 1001. The horse was; not' brought 'back within the time, and the present salon was instituted. Independent of theimproba bility .131 the Defendant. making au Mud engage ment of doing that over which he could not have con. trout, as Major Mackenzie had rode out the horse, the present application rested.on other grounds.— First, it was stated on . the declaration, that the De fendant had tiCtually bought dad had delivered to him the horse, although the only .contraa, as appeared from' the 'testimony Of Hall,. was, That the De-. Pendant would either, within a limited time,- r e tur n the horse or f bri9g.back the sum,oi Logi. More. Deer, it appeared, tint this.. conversation. between. Hall and De Conte, end the,engageroent made, took place on a Sunday,, and was, therefore, by the stature n 1 Charles tbe.eeotid, prohibiting the sale of .3r ticlei of Merchandiie„ &c., on that day, invalid and illegal. ' Rule granted. . - L. NIJ(JN c I' tinted y Kcc , H ALD .$, of No. 4i N artlett.court t itow—Areet ; and published by Pi Aam I Suuh mokton-Itlvet. Grosvenor — stNar's At Ito SuN.o;vicg whero po .eld,liseatwis, Orders fur the Pa#rt, 'Piers for the e&c ditor, , (osl.Paid)r „must b e addressed-