The Sun. — London, England, 1812-01-25 00:00:00

LAW REPORT. COURT OF KING'S BENCH, TAW. 24. TLINDT V. WATERS, AND Rules to shew cau3e for new trials were, on the in mons of Nlr. TAPPING granted in these insurance cases, upon the same point which had gained the Rules in the last term in Flindt v. Andrews, and same v. Throckworton. The_question is, whether a plaintiffcan recover, who, .bye annexation of 1-I,mburgh to France, has become an alien enemy after - the loss, and before the action brought. who held that a retaicl could not legally be g 7 ven in favour of the plaintiff, found in his favour, to the full amount of the damageS laid. Sir JAMES MANSFIELD,— , " I recoiled the case; I must confess I was surprised at the verdid.—Take V. BAZETTE. a - Rule to shew cause." COOKE 'V. ARROWSMITH. This was 'an action to recover damages for an assault, leaving the sum to the discretion of the Jury. Mr. Cooke, the plaintiff, is proprietor of the King's Head Tavern, Black Wall, and the defendant a Gentleman of respeEtable fortune. It appeared, that at the return of the last East Indig fleet,. Mr. Arrowsmith, accompanied by two of his friends, returned from dining on board one of the Com pany's vessels, somewhat merry with wine. A Cinar rel had ensued between them and the waterinen, and they arrived at the public-house of the - plaintiff pretty welt enraged, as well as flushed with li quor.- Here, when they entered, one of the de fendant's companions swore roughly he wouhl have a b-y row, and began to.strip his coat, pitting himself in hostile attitude ; much disturbance en sued, the landlor& interfered, received a push and a stroke from the defendant in consegnetsce, and was grasped so vigorously by Arrowsmith, that one of the witnesses, at a loss for a vigor ous compariSon, described it to be somewhat more powerful thaq..the tweeze of a blacksmith's pincers !, The watchmen were called in, and the gentlemen we're confined all night in the watch-house. Such was the, case for which the action was brought, concluded the Counsel on the part of the prose cution. Mr. Serjeant BEST, for the defendant, said, that the purposes of justice would have been fully an . swered by one action, but in this. case three had been brought. Here were three young men, he said, ,Who entered a ,house of general accommodation a "little tipsy, and admitted they were quarrelsome, and assaulted the landlord,.and deserved to be fined ; but one of the defendant's companions had already paid a fine for the same assault ; Mr. Arrowswjth was called upon for his quota of fine for the same as the other, and a third action awaited the Other young Gentleman, when the present. was disposed of. Sir JAMES MANSFIELD said, most certainly, the whole might have been comprehended in one aCtion, and was sorry to think the Jury would have to re turn a verdio for the plaintiff. _ 'Lie Jury returned a verdiel of damages—One Farthing. BISHOP OF LONDON'S COURT, DOCTORS' COMMONS, I ,AN.24. POUGET V. TOMKINS. This was a cause of of marriage; brought by Joseph Pouget, Esq. the father of William Peter. Pouget, the husband, on the ground of minority, he being only of the age of 16 at the time the same was solemnized between him and Lucretia Tom king, a servant living in .the family. It appeared that the marriage in question was performed between the parties on the 28th of Jan. 1810, in the pa tish church of St. Andrew's ,Holborn, publication by banns - having been previously made by the name of William Pouget only, and this without the know ledge and consent of the minor's father. On the part of the promoter of the suit, it was contended, that this was a marriage fraudulently and clandes tinely had, as the Marriage Ad required the parties to give in their true Christian and Surnames, where- as one of the parties here had omitteJ the hame Peter,' by which name he had constantly gone, and was known by his parents, inmates, and ser vants, belonging to the fatnily, and this was done for the purpose of concealment. On the other side it was contended, that the Marriage Ad did not say that a party was to give in all his true Christian names, or that a marriage should be annulled fur the want of giving in all his names. Sir \Viz. SCOTT said, be should take time till.the next Court day, to consider of the sentence. Sunday evening last, about nine o'clock, as Mr. Lander, jun. was quitting the house of his uncle, who lives near the road.leading to Aiverstoke from .Gosport, he was attacked by a man with a small crow-bar, eighteen inches in length, who struck him over the head. He had proceeded but a few yards from the house, which is situate in a field, at a distance from the road ; but supposing more were at hand to assist the robber, he pulled the door to, and called to his uncle to make it fast. A despe rate confliEt ensued for a short time, during which,. the- robber sustained several severe .blows from a stick, which Mr. Lander , had to defend himself. The fellow, finding himself pressed hard, stabbed at Mr. L. with a bayonet, and ran to the top of the field, where another severe contest took place, until both were exhausted with the loss of blood, and fell litele,s; Mr. Lander recovering first, went down the field, and, found, that on the elder Mr. L. setting out to his assistance, he untorttmately took' the wrong side of the field; otherwise, the fellow must certainly have been taken. Mr. Lauder's wound we are informed, is only a flesh wound, and of no material consequence. The robber escaped, but left behind him a leather hat, with piece of crape sewed inside, so as to let down over the face: The hat has the name of " M;chael M'Coy, Dub ho," written in it, and has been ascertained to be long to a private in the Dublin Militia, who had been ill, and was at the time so - unveil, as to keep his bed'in the hospital. Every man belonging to the different regiments have undergone examination by the Surgeon, but no discovery has yet been made. The villain appeared to be nearly six feet high, and bad crape over his face. 'No less than five 'houses in Salisbury, and the immediate neighbourhood were broken open on the nights of the t ith and Mb instant. The general alarm has, howevbr, made the public so vigilant, that the robbers failed of then- object, being dis turbed- before they could commit any plunder at four of the hou,ses, and only car:ying off a cheese from the fifth. A pitched battle was fought on Pittani-common, near Farnham, on Wednesday, between G2reen and Hamerton, two stout novices, for a wager of ten-guineas. It lasted two hours and ten minutes, during which time above 'sixty knoelc 7 down blows were given. Hamerton won the match, but both were hit senseless. BATH V. TAYLOR. Mr. JERVIS obtained a Rule to sliew cause why the verdict for the plaintiff should not be set aside, and a nonsuit entered. -The question is, whether, in consequence of the alteration of the date of a bill of exchange, from the Ist of August, 18 I 1, till the Ist, to oblige the defendant, the acceptor,. but not ag. his request, a new stamp was not requisi . e;.. The Learned Counsel distinguished this case from that of Kershaw and another v. Cox. 3 Espinasse's Nisi Prius Reports, 236, the case of putting in the words, " or order," and meant to rely upon three decisio4, viz. in Caldwell v. Mai tin, g East, 190 ; ancri Campbell, 69; Wilson v, Justice Baylers Bills of Exchange, 24, note a.; and Bowman v. Nichol, 5 Term Reports, 537. RAPP V. ALLNUT. A new trial was also granted in this case upon the same point. Mr. SCARLET took another objeuion as to the in- sufheiency of the policy stamp. - The insurance was for - 90001. but the interest was afterwards declared by indorsement to be in six persons, in proportions of fraOional parts of 1001. ; and by the statute of 35 Geo. 3, a duty of 2s. 6d. is imposed upon'every lesS swirl than .1001.,and by statute 48 Geo. 3. c. 149, it 'is declared„_ that when several parties join in interest upon one policy,. it shall be considered as so many policies, and liable to duty accordingly. The Att also imposes a penalty of 5001. upon every un derwriter paying upon such improperly stamped policy. • Lord ELLENBOROUGH was against this Objeiaion, since at the time the underwriter effeeted the insur ance, the interest was not known, and ,the duty could not be apportioned. The policy was execut ed in perfetit good faith ; and unless a ,1, - tra b e duty were paid to cover the Chances of a fuiuredeclara lion of interest, no policy of this kind could .be at tieaed. The A& could nut intend this ; it involv ed a matter of prophecy. There was a.case in the Common Pleas, in which a rule had been granted on this point ; and should it be deci:ed thereagainst the impressi9n of this Court, his Lordship - would open the argument here. BLACKBURN V. WATERS. Mr. CARR obtained a rule to shew cause for a new trial, or ,f non -gait in this insurance cause, the main question of which was already resertied in Same v. Thompson, on the same ship.. The shipment was of British goods only, to Hayti ; and the question was, whether a license was necessary under the Orders in Council.. The Learned Counsel should rely upon a case, in 2 Taunton, 344. HEADLEY V. LYE. In this case, whiCh came on to be argued in the peremptory paper, the rule was made absolute for entering a nousuit against the verdiet for the plain tiff's assignees. The case decided, tbat there was no remedy upon a bill of exch inge against any body Whose name did not appear upon it ; and that the acceptance of one partner did not bind the whole firm, or subject them to an aiitiJn for Money had and receit ed, by the mere discounter of the THE KING V. STOCKS. This rule nisi for a criminal information against a Magistrate of the West Riding of the county of ,York, for oppression, was by consent, ,discharged without costs. The Counsel for the prosecution felt that the defendant's affidavits fully answered ,their cise and Mr. GARROW, for the defecdant, said, that if he had erred, he had done so with two most respeaabie Magistrates of the neighbourhood. Rule dischiirged. The CONINION SERJEANT moved for leave, for a gentleman, formerly an Attorney of the Court, to be again admitted. In the year 1797, he had re linqui.thed-the profession, and held a situation in the Excise until the year 1808. Hz had not left the profession on account of any complaint against him for misconduct, and in his petition to the Boird of Excise, had..statecl his intention of making this ap plication to be restored, to which no objection v*.as made. Lord' ELLENBOROUGH observed, that although there ;night 4)ot have been any complaint against hint as an Attorney of ,the Court, yet the Court ahould be'satkfied he had not rnisconducted him self in any other office. He did not mean to say tiny , t Ling invidiously apinst this gentleman, but the Court must take care that persons who may have iniCondtrted thernelves in other service 'sere not thrown upon the public by coming to practice as Attinnies of this Court. The (natter was then ordered to stand over until certificate should be produced .from 'the Board of excise to that effect. COUR I OF COMMON PLEAS, lAN. s 4• HUSSEY V. PRIMETT. Mr. Serjeant VAUGHAN in this case, which was . tried the last Sittings atter Term, at Guildhall, - Londim, and a verdict obtained itr 'facnur of the plaintiff, moved for a rule to sTieiti" cause why the verclid should not be set aside and a new trial vented. The Learned - Serjeant stated, that the aOion arose out of. a wager made between the plaintiff and defendant, two gentlemen of the law, Vs to the state of their resoedive ages. The wager was for "a round of beef and trimmings," which • was won by the plaintiff. Defendant demurred to the payment, but plaintiff being determined to take the full advantage of his'good fortune, ordered a p n did dinner for himself and a few friends, at the London Tavern, for which he paid, ?nd then brought his adion against the defendant for t 81. the amount of the bill for the said dinner. The Jury who tried , the cause not. abiding by the charge of the Judge, LONDON.: Printed by THOMAS WOOD, of No". Maiden-lane, • Covent-garden and Publiz , fied by WILLIAM *ARM! GE R SCl2lPps,.South Mot ion%:strAci; Graivenor square, At the Suw Unice, No, 112, Strand, vtlure Advertisements, Ordgrs Eb t the l'api,r„Lellers for the . Editor, Six, (post , Puid), Inuit be adireised. Dl,l. Among, the various topics of - discussion which Parliament may be expected to entertain in the cour,e of the Session, few will be found, more really iah portant, and of more vital conseqtvnce to the isi 'e‘-.. rests of the Mother . C6Untry than those conneaed with the existing state of our Indian Empire. It has recently been observed by a periodical wri ter (contemplating the termination of the Company's Charter), that a crisis is- fast approach-jug when we. must make our eleMion bztween.the.present and a ditferent system.", 'With somewhat of asindiar feeling, we pro?eed in the best exercise. of our duty to the public, to lay before them some points :Mate rially connetled with this sublet), and to throw such light upon them as may eventually prove serviceable to those individually concerned, as well as to the public in general. Much clamour has at various intervals been raised in this country, respe6ting the vast sums said to have been expended on our wars in India, more especially in those undertaken during the period of the Mar quis Wellesley's government. To enable us to form a cornea estimate of the real balance of profit and loss to the'Empire at Farg,-, upon the tleged wasteful expenditure,we hote,had,tecourse to a wry imp°, tart official document, bearing date the 21st of June, 1811 i entitled—" Report of :a &leaf Com mittee of the House of Commons - upon the affairs of the East India Company ;" and tromthis : unques, tionable source of ioformaiinn, we are enabk state the following tarts, equally interesting aud au thentic, which gill put it fully in the power of the public to draw their ovtn conclusions. It appears from 'this Report, that the whole of the surplus Charge, for a period •of 17 yeais, from the 30th April, t 792, to . the 30th April,tBo9; of the Governments of India, for wars, including EuroPe as well as Asiai'and for port , ical charges of eve!) , descrip,tion,'amoon'is to 5,078,0151. The .Permanent Annual Lcrease of Revenue in the same petiod, arising entitely out of tetritOry, accioired during Lord WellesleY's Administration, or from salutary financial regulations originating in him, is nearly eight tnillions sterling ! : The permanent increase of Debt during the same period has been' 20,905,1941. to meet whiclythere has been an increase of assets (independently of an increase of income, consisting of stores, goods, and property of various descriptions), to the value of a,298,6661. leaving - a net increase of debt, daring seyenleen .years, of 12,506,5281. an aggregate sum, our readers will remark, not amounting, to much more than a year and a hall's amount of increase of permanent revenue ; nor can it be asserted, that. the " Assets" Pre not an inVailable resource, since it appears from the same authority, that a constituent part of them is Cash, to the Company's treasuries, amounting to 5,6 ) 5,4941. NOr is it entirely correct, to charge upon the war expenditure in India, or even upon lildian etpen diture of any nature, the- whole of the existing debt. Tlis will appear eviklent, from the faEt, that 844,3721. have been admitted by Parliament as just claims upon the Public,- and leave been accord ingly paid at home. Indeed, the general result of the whole statement appears to be, that the expellee to England, on account of India, during a period of seventeen years, has been little more than a million and a half sterling, a fa& which the following brief statement will lolly establish : Supplies from England to India, in goods, stores, Lillis of Exchange, bullion, &c. &c. tor the period of seventeen years - • - ,C433 203 ,A 1 Supplies from India to England, in the shape of investments, &c. &c. in . . the same time _ .. £33,956,26; _ ... . Add.claims recognised and paid by the public 8,212,372 Balance . ,70! At the expence then of the above balance have we established our empire in the Peninsula of India, on an immovable basis ; and have been enabled, through means derived in a great measure from it, to acquire those gems of no mean lustre—Ceylon, the Wands of France arid Bourbon, with Batavia and its dependencies, to set in the diadem of the Unit ed Kingdom ; not to speak of our having-also been enabled thereby to . assist in a very considerable degree towards the expulsion of the Frenct from Egtrpt. From the statements here given, our Readers, we trust will derive no small satiataalion, which %s ill be further increased, when we- add, (s!iIl deriving our. information from the same authority) that in the year 1810-11, there will be an aelual surplus reve nue in India, after defraying charges of ever : ) , de scription. Of this expected surplus the Governor- General in Council, in a letternuderdate l of the 14. h January, 181 t, remarks,.that " it is likely to be drawn from our Indian territory during a period of actual war, when it is - found necessary to maintain our Military Establishments. upon a high scale, when the charges for particular services are neces sarily high, and when 'considerable advances are made from the resources of India for the general service of the Empire." Lord Minto further adds,' " that satisfittory, too, as the result must appear,- when it is remembered that this surplus has been produced under ev-ery disadvantage, we hope to see a very considerable improvement effected in the en suing;year." , We shall here for the p resen t l eave thi s i mportant subject, satisfied that what we have laid before the public' is abundantly sufficient to refute at once and for ever, all the absurd calumnies which the blindest prejudice, the meanest jealousy, and the most in‘e terate malignity, hate, at variocspeiiods; and on va riOus occasions, heaped ui an the Go%ernment Lord Wellesley in „India. We by no means wish to deny their respeelive meri.s to Sir G. Barlow, Lord Minto, or to the Court Direaors, for the shale that may be jus ly due to each and all ot . them, with reference to the present flourishing state of.lndia.„ 7 -- But let us never forget, that it is to the Noble Mar quis that we are really indebted for the sow ees of its present prosperity, nd for that "extension, internal improvement, and additional sectfrity, of its Empire, at this moment, compared with 1792 ;" to which circumstande, as the Report justly rasons, " The present high state of public credit is justly attri butable.". PORTUGUE,SE P/IPEIIB CUP"I ES. TTiNG OF DECEMBER ,9,9 !. A Ling exposition on the part of Senor ViRA wat read, in Which he severely criticised the condeei ( , f the Co hes; and whicbconclutkd with the foUr 0,- lo w itig ,prOpositions Ist. That a new ItAtency should be forth With appciintad, and at its head a . pe-!4"naze of the RoyA invested with the full poWers 01 King, ac .corditt4 to the Constitution. Th.,t such reran be. empowered,to treet with friendly or neutral Powers.with regard to the wain tenare of mici. 3d. Tila t k,vithin tha period of ore month ptecte ly,. the diieusiions on the Constitution be tern.i n.ded, the Regpcy be appointeA, and the Congress be Lisw!v-ed. 4th-. That die Cortes do nit re- assemble till the yen I 8 13, according to the Constitution. A very w;arm then took place-, in 'wliich Senor ARouELLEs delivered such an kaierge tii.: oration in defence of tilecondud of the Coetes, tbat'the public who were pres'ent could not refrain from expressing their. applause. Senor , C,ALAraayA expresSed his belief that s Senor 'Vera was by no means thereat author Of the'se -plO - but that some ill-disposed men-- had made use of him as an instrument, for the Fur pose of throwing discredit on the Ndtional Repte- Senor GOLFIN.—It is not difficult to know .whence this paper ,?riginates. Senor Vera an hononrikble . Citizen, a, good man, and . a 'patriot, who has been decrii-ed by some rpalecon6nit ; and, doubtless, he wig give up his advise: to Congress, • . Senor VERA declarrd, that it never was his in tention to throw d s.,:redit on the Cotes ; and,that, such as the EXpOsilioll %%AS, ho, had tak e n it fr om the public papers,,--;me portion from this, awl an other from. that. ANER.—We all KOOW that the Cortes .hay. f eotailYenernies, but fortunately We ktiow the.n. C-ongrk;ss.ought to pioceed in its dtgoi&ki career, without occupying its time with this p tper ; but at the 'Sarne time no deputy Should' be. perolitted tti blaefien the Cot tes. Those who draw up such pa-* pers are men capable of capitulstin'g with the Ftench ; and I DOW swear to bury Myself under the _ ruins of the : nation ! .(And I ! and 11. exclaiined nutnber of deputies.) ~ After some further debate, it was agreed, on 1110 motion of Senor ArgUelleS,that the Exposition SlioUil be farther discUssed to-tnortow. SITTING OF DEC. 30. Tile discussion on the Exposition of Senor Vera was recommended. Scpar ARGUELLES defended, at great length, the conduct of the Cortex, and concluded with submit ting the following propositious Ist. That no royal person be placed at the he,:d of the Regency in the absence of Ferdinand VII. 2. That the oidinary Cortes be convoked at the precise period required in the Coastlt:Wiwi, and.that the existing Cortes do not separate tiI,I the Re gency is arranged, the Councir of State and tl4S.tr prerne Tribunal of Justice appointed, and the Gene ral Treasury and the Tribunal of Exchequer accounts organised. _ 3d. That on the dissolution of the Cortes, a de 'potation of 60 of their body remaitT, ckothed ample powers for watching over the Constitution, &c. till the next Conies be assembled. 4th. That a Special Commit!ee be appointed to devisethe proper means for bringing to a speedy issue the great object , Of oig.mizing . the Govern ment. The propositions of Senor VErtA were reiPaed, and those of Senor ARGUELLES a,i)oiutecl for ctv!sioa. , An old Lady, of Hampstead, while stirring the parlour tire on Friday se'nnight, uniortutiat,•ly had - her c l o th e s set fire to, and was scorched. , ;everely,. that she died on ,t he following day. fi ef h o ,h oo d W 5 adeep by the fire when the accident lia,ppenerk. Instantes of this 1614 are too frequent nut to IZ , . quire the greatest pr,ciwion 'pi e v e ry family. • At Leverstow, the seat of- Postman, Esq. the Lad,' of Captain Hawker, of Loug Pariilt-Houie, I lami shire, of a Son anti Heir. I.,aA,rieek, at Norton Conyers, the Lady of Sir Belliiig lin.n 'Graham, Bart. of a On • Sattir'Llay Ee'nhight, at her father's /Rinse, Arthur Vial- . crut„ Esq. the Lady of Henry 13. Fitzg.iald, ut Astivilie. near I..hrieri;•k, Esq. of a Son ari,i Heir. On_Tiaesda) last, in Bic:id:street-0k; the I. , dy of A. De Froger, -of a Daughter. On the zoth inst. at Dover, the wire of Captain Thomson, of the Royal Engineas, of a Daogh:er. /.74fINIP: • Or, the 3d inst. at St. Olave's Church, S'inathwark, Tito-• mas Esq. of Kingston, , kintaica, - to Miss Ao.o Ge.•rge Rowe, of Falmout le, Corn, ail. On Saturday last, at Kinnersley, ficrefords!tire, "ohm A. Crab — ins t.:latke, Esti eldest sun of I. Graham Clarke, Esq. of lienharn4 louse, Notinurnoerland, to Mary Elizabeth, only, daughter of Leonard Parkinson, , Esq of Kinnersley Castle. • On Tuesday, Mr. Platt, of Cateaton.strect, to Miss Thcobald, of Skinner.sttcef. On Wednesday last, at Poo!e, Mr. Phili? Browne, or London, to Miss Rolls, (lithe former place. A few days ago, a Gretna Green, Mr. Larnbton, to - Miss Choltnondeley, ot Cno!inondeie), in Chealiire. 1.114/..) Yesterday morning, at his Lordship's house • in Portman., square, the•COutitess of Loterky tin,Wednestlay sc'ziniglit, at., icilinore. in the -County of Kerry, Usher, relict of the late Edward Usher, f.sq• and sister of the 'Right Hon,' Lord ..entry. Oh the math list. at Cantetbury; Captain Lamotte, of the sat or Royal Drag oons , • On the 17th inst. Mr. James Leinpriere, of Keimingtoß.. aged s r yeas. Saturd4 last, after a lingering illness, Miss - Milnes, eldest daughter of the late R. P. Manes, Meinber for York, and sister 3o the present Alt:tuber for Point:hid. On the 2oth hist. Miss Docker„, aged 45 years. O'n:ttie list inst. at her house hi- thl t. moon. street, In the' 701t . year of her age, Ann, the relict of f ohtt Jebb, Ai. D. ut Par li,tinent On the 22d inst. at Or: 'Reaory, Paul's Cray, Kent, in. the 22u year of her age, Elizabeth Iklary - , the wile or John Simons, Lsti. or Thorn F.tr:ra, Clieshath, Bucks. • COAL MAKKET, lAN. 24 Ships at ',Market. Ships sold. . Price. 4 2 Newcastle . . . 1.9 i . gSs. od. to 545. 9d. 7 Sunderland . . 6 . 465. GO. to Los. 3,t. i Colo; = - . • I . S. cd„ to -. s. 0.. HIGH WATER AT LONDON BRIDGE TO.MOR. Moß►ing, 39 min. after la. I Evening, 8 thin. after