The Sun. — London, England, 1803-11-16 00:00:00

1 :/111 7 REPORT. (20tinT OF 11NG's BENCH, 1:5; moved for a WI it . of Bobcat Ccirrn. to. be direled to the Commander . of Oop of 1-)i ; JVl:ljesty's Ships, to brit , up the'body of a liaisoi who hail been impressed, he being exempted fri)ry the Jrnptf.y.i, by the provision of an Ad ofTetrlia. mint, being a harpooner its the whale fibhery. Writ granted. - Mr.. MANLiy made a siinil,lrMO;ion on hehilf of others irithe 114 i t Lidt 4nd . thc `Writs we're' granted. , . , GAMBA AND ANOTHF.R (:). LE mEsuRI ER . Mr. WARREN stated that this . was a Special Case bet 4lowat for at-gunfew', to 6blati, the opii ion., cat' the Court upon a point 'of great itnportince.'- It .wits an anion upon a Policy . ot Insurance upnri a ..., Ship and Cargothaf were at Sr. Domingo before the. last war ; the Policy was dotter: writ tcl, lour months' ttefure the commencement of hostilitieS•betWecti , thii Country and.Francet The Plaintiff was a native of France, The ship and. goods were kit by capture during _the war ; this Action was 110 brought', until atter Peace wAs concluded betweqn. this Country . and IFranCe. The,question.,for the opinion. of the. Court was, Whether in such a case, the flaintifF..was entitled to recOvet:dpon this po ,Jicy of Insurance:V—,anti Mr. ,B AR EN • Contentled that the Plaiptiff : Was entitled to recover in , this Case, nom ithitast4ing cite late decifrlOn, of the tase of Furtado and Roger, ; s in. the Court of Cominon Fleas, reported in BosiNQUED arid:PULLER. „. As . • this wits a glie.*ion of gre,ilF and,gencral'.cointnercial impot tance, as well as one highly interesting to the parties, it had been put upon the Record,' irt'order to take the opinion of, this :Cpurt upon it, iand therefore be. should Argue this case in opposition to the decision of Furtado tin 4 Rogers, in like Maimer as • if he were arguing chit 'Case upon a Writ of Error. . . . •theu laid down the heads of argument.— Firstohat than currant of aulhorities, AS they were to be .fOund in' the books fur the last sixty years, in the decisions of all the Courts.in - Westminstet .were un'irmirnly in favour of this adion being rn..iti•airwhir. , It was true, he said, that the point was nor made in any one of them, but it Might have occurred in all, and not once ,had this point 'been started. The, point was this—Thaeno Subjea of this . Country could engage in' any contract What.; titer, the carrying of which into effeet, would' be detrimental to the interest of this Country in time sarwar, for that was the foundation of the decision of the Court .of Commonfleati; in the Case of Fur tado and :Rogers. In kupport of this head of argument, be quoted a. vast variety of Cases, and urged a variety of ,ar. suments. The second head was, " That from a variety of NnaCtments in different Atts oll'arliamtnt, partial lady those of thae 33d nod 34 . h of his present Ma jesty, it appeareri that policies of Insurance of enc. mice preyel •y, entered into dueiv war, should be' m deeed illegal, thereby, as well as by other provi. *ions therein rriade, plainly indicating such Policies,, being'entered into keyeary the war, were legal. Upon this 'he also argued at considerable 'length. The third p itti was, that orthe d,inger to which we should be exposed, if this sort of commercial i I-. tercoutst was to he allowed when natitos were at - 'war. Upon this he exp - atiated much, and insisted. .on the opinion delivered by Mr. MURRAY, after. wards Lord 11/1414:.Fis t. o,• when Solicitor, ass(' Sir Throt,sy Rir DE , %Own Atlt4ney General, in a • Debate in the I louse of Commons, when they were decidedly in favour .tif the policy of allowingan In. surance En.my's Property. This dofirtne was maintained by these two high authorities in their Legislative capacity, in the years I 74.1 and 4.7. The CI;iRF JUSTICE observed, it, the course of this argument; that hail this been a loss by perils of the Sea, although it had happened a'iiriag /he 'war, 'yet as the Insurance was mule trfore the war, and Ow action was brought oiler the ,Ckar, the ff Plainti unlit, perhaps, have been entitled to recover, but the case was, very different when the loss was by caphre during war, IVlr. WAIt It proceeded in his argument upon all . these topics, and urged every tilt( g that ap peared to favour the right cf action in the Plain tiff, on whose behalf lie prayed the judgment of the . . Mr. Scritant went ,over t 1 arg' timents of the'learnedCoun,el, on the other side, and coin. b l ieti them all. He maintained,, chit a., to all the authorities tlbat bad been quoted, they coulit'not 'conclude the present point, since that, point was never made. in any one of them, opt. Was thete a tingle case of authority. contrary to that of the dectstonitiffurtadoand Rogers; Which, aithpligh: 4 solitary detertiiinstion, was entititt IQ great re. spea,'on account of Olt - highauthority of 'those:by whom it was decided,' - and that it threw the onus on those who disputed its authority. That as ti 4 the Ads of Parliament cited, they did not apply to the present Case. That OS to the: opinion of turd IVl,lnsfield, in h 4 legislative charafter, it was not to 'be set up agaiait his opinion'. in his judicial char,ider, although he, had succeeded in keeping the question ofe . , bo as not to be put under the embarraiquent of giving an opinion as a Lawyet, contrary to that •which he had before given as a Politician ; it was well known that lie, as a judge, tflottght that this adtion was not maintainable. This Was stated by Mr. Justice. Buller, in giving his .7 judgment in the ` Cas e of Gilson and Bell ; upon that occasion Mr. Justice Buller had said, that :Lord Matificid t9lti him in confidence, that as a Lawyer he'was convinced that this Adiod could not be maintatned. As' to the detrimental effetis to corn. Theme, the Learned Serjeant said, he did not know any thing, more so than to encourage such an Aetion as this, which tended to increase the strength of the enemy, if carried into effed, by which the party Nubscribing the Policy, could do no one ad to tuprort his own pecuniarY interest, without be •il'V of high treason. lie allowed that 4 party might in time of.,peace ever into a . cirtret .to indemnify ailOitter against the ads of any foreign Prince ;. bet he denied that any native of this tor any other'Cn6iatiy could either bi f the . principleitiof • donirottit reason (Crof cornmon sense; -be all4wed-to • inderrfriity anyone against the belligerent Aft of his own PrinCe,loc.that ould be counteratling, as . far as iewerit, the effld'Of the force' of tlie Country i uf :whi - eli he' was. a aluenthor, ' in a stare of Warfare.— liatling expatiated Ott these and other topics, with usual ability, he concluded by expressing his Confident trust that the-Court would pronounce judg. •meiit fair the Defendant:- • Mr. WARKENFepliedratidob3erlied among mlny other things, it was hardly fair -to quote the. opinion , suppoied . .to, Hie _Weer* privately intimated by my Lord MANSFIELD to Mr. Justice BULLER.' JIRTICfrObSCCVM, that with regard to the private opinion of Lord IVlAnsri Lo, deliver. ed inj...;confidenee fo. Mr: Justice 13uLt.elt. being oh. jetfled tO, 'w :is Tully as rCgUlar as 'that of giving suppHsed to have been .delivered in the 11 }u. e of Comtn.MS, And fully as likely to, he his' genuine .cpinion. I - lis Lordship added, that he , 11%4 as little doubt upon 'the Policy as he did upon the legality of thiropra6ice of allowing Insurances (f enemy's property to operate during. War There Was another case depending upon the deterininatiOn Of this. His Lordship said, he would not be under. stood to have Any kind of doubt upon the principal ' question; but as there were. Some points stated ny Mr. WArt . REN; on the 33a and j'4.111 of the King, which were proper to be looked Into, the Clink would not now delive(jud.,;trient'in this case. He desired ii-to-lie inierstood; however, that the re. nervation was purely fot the purpoSe of attending to 'the pailicular langnagc•of the Statutes , kitioted ; but on the question before the Court, his*Lordship dill 'not process to have'a particle of.doubt: • . CHRISTIAN V. TH g EAST INDIA. COMPANY. This'was a:Special Citie reserved fOi . argument on a charter.party the ship Martha, to the East India 'Company, and was stilted to be precisely similar to that cif \White against. the, Eric indiA Company, which, had been.forineriy:hefore the Court'. GlLgs .Way proceeding to open the Plaintiff's car; when, ,Mr. Woo), said he should he 'obliged to his learned Friend stn attend to the six first work cat the'present.Caits.bitige he went any fuither ; thy } , . were ibese.--i, , •This is an. Aaion . of Assiiinpsit."— " My friend, Mr. GiLas," .said Mr. Wi•mo, ft - will: be so.good-as th' sliew us, how he cm; maintain an Ataicin of Assutnpsit againit- a Cur, (oration.." T • • -This..objeetion was fatal, and . although the Tench rec;ommended it to be waved, observing, it would onkydyive •tho Parties to Equity, Ste.' Mr. Woop:persisted In it; and' demarided the Judgment of the Court for the DefeUdanti, .upon whick-thet Court ordered . the Case to stand over, to affair d the Eawindia Company time to 'consider whether the Counsel will persist in this objeEtionv.which is tnetely J poiot unconneatd•with the merits •of the Cast. • • • ••'• • nion of the kearreekillut!ger why thought there was nor sniii , :ient proof,gven of the malicious intent.: The Learned Setje ,wisheik che t e n.. rinn :prrrifect distrihutq,senerally,.am . qm.,,,qcntfemeW4 servants,. .at ;he West - Snd of the 'town, and which, in soli; mea3ure, reflened . On-theproceedinzi of this Coutt„ It Was entitled; Oenerili • 2 setting forth.the •"pieitcit trial; and-tfirliii'ng ffrem to become subscribers to support thilifiggtinn the Defendant, in *hid) not tlnly the'Prilintlit's in terests, but the intereits•trf theliiihole•nf the partk..! coloured_ fraternity were.itavolved.•:- •T• 4 this`papt.r . Were subscribed the namerof 34 - servantt, •witth t e - sum of 61.'ai''subseription.tnoiley , .. • • 'The Lora Chief justiceasktd if the pnper;6llll - to was ir Newspaper ? .• • • The Learned Serjeant replie r .in the negative, area informed liiiLnrtiship it was a hand-bill; anti re. quested the opinion of their Lordships as to the prc priety of tnoVitig for on attachment against de Printer. , . The Cotirt declined - to interfere iri the matter. The . Lord Chief Justice ob'serve'd; that such A pro ceeding was highly inderciroits, rtd - he 'hoped tint pending trials, of any 'nature, no observations would'be suffered to' appear in any `of the Daily Journals, toaehirigHtuch trials. His 'Lordship ob. served, those eirenntitances, to' be sure, did nut often occur, and indeed heltad , every reason to sup pose what he had intimated•tvepufirbe attended to stri&ly.. Whatever a man's situation in life; when he appeared in 11 . Court , of Justice aPplyingfor re. dress, even against the mostArtaltityi .it was the proyince,'.as in,teed-it had-been the pratc.tice, of the Judges of the Courts, to afford - himstrialand, im partial justice. I . t, therefore, • beeaMe - highly ne cessary to guard-against 'rite- indecent observations which .bernitdc, by enforcing:llle petraltics . whiclt:the,L4w}ing t ias .• :2 .r TSte etip l rt tiirtdetl. the Leatncd Scrje4nt to.take !tulc Mr;,, ,• • • • The Edinharth MiSsionary 'ociety nave re.. ceived accounts, : theSe few drys, that the m ;Missionaries, Wh o . they sent. out.last spring Op Rassim Tartars', had-iftnindin.stgfet'pliEthe placf *of their destination: They' left SG:Paite4*gli the sBth, 'May, 0, S. and . Ploce:!.led by' oscovi , and Tarnhoff, to Sarepta on the Volga, whel they l ,arrived on the vitli of july From thenCe',.rnstead of going by Astracan, .as they originally intencle4 they shortened-their journey considerably, i4t.cross.. ing the immense Steppe,.o clesart that west of that city, in a' straight line . to Georghiveik and Kaross, at which last plate they arrived in'safety the beginning of August, ,after performing a jour,, ney, by` land, •of above zsooo ti versts.They : found • • . the Rev.'' Mr.- Buni-tia4 and'his . two.compantons,. who went out last year, in 'goo: health, and' living On very friendly ternii svith the natives; whose linguage.(the Tartar) they already speak With the, greatest case. They have begun to tranSlate the New Testament -into that language, and, have had' many coriversafions with the people around them on the subjed of religion, some of whom appear to he a' good deal impressed with what they have heard, particularly the Priest- of a Mohammedan lief ,re th.y Left St. Petersburgh, agreeably to their instructions, they communicated, their-designs to the Russian Government, who highly - ,-approved of them. His Imperial Majesty- was pleased •to send along .with them, at his own expence, a Courier of the Senate, and an interpreter ; and his , Excellency Count -NOVASSELZOFP gave them an open letter, in .the.:EmperoOs name, reqniring all Governotsof Provinces, Commandants, and Magi. strates through whose jurisditlinns they should pass,' to give them all-necessary protection and assistance. The, place. which they have- chosen as the , scene ' theirOperationa is pn the borders o.f Cabardia; not' far 'ffam the Notthern4ange..of•the tnountairit 'Of; Cucasus, about-an equal-distance. from the Euitinerl and, the .Caspian Sta. The .country is healthy,. fer.. tile, and beautiful ; lint the inhabitants, who are . very numerous, arc sunk in the grossest ignorance, barbarism, and vice. The, Society are More and more satisfied, tbac the situation they. .have seleaed is peculiarly •propey for; missionary .attemetts.; buti the expence of conveying, to such :a.distance, :40' many persons (no' fewer than eighteen,. 'old young) has ,been very great, and nearly ;exhausted the Society's- funds.. ; . , Monday a dealer in fruit' was summoned before • thel.o id-Mayor, by,,t,wd Fellowship Po r ters, ing him with not haying the, dues for porterage; lfcc. for landing some, apples within the City. It appeared from their. statement, that _this tnatte,r had' been complained ofhefore t and the late Lord. Mayor had, given it in their favour, from the tes timony of one of their,rulers : but this fruit.dealer still resisted their demand,. and application b e i n g 'made to the pr es e nt Load '4Ayutt, he ordered : the parties to be again •summoned before him, when an appeal was matte against the charge of the ship Porters. The Porters pleaded their privileges, according to the regulations of the Courts di Airier men 'and Common Council, which they produced, stating the. different charges. Mr. Stttrpy ERTI, the Water-bailiff, told his Lordship that the claim was right, and that many encroachments had been' made upon the City Privileges, by fruit being brotight to the London market indlogsheads, and not being mea. cured according to ancient custom, The Fruit'. dealer was ordered to pay the demand, and all the expense attending it. On' Saturday evening, IsettVeen six and seven, as Miss Sit* 4 13, of Providence-row, Finsliury.' square, was sitting 'by the fire with her mother, the !octer was taken ill, and Miss StirtaD rising to assist her, her clothes' caught fire. She ionne.-, diately run into an adjoining room, and endea voured-toextinguish the flames, but if itliou t All her clothes were burnt off", excepting her srays 'and pocket. *At first there was nobody in rte house, • but 'the cries of the'st?ffrrer a n d tier mother brought a number of people.• ar t sor i y t; that in this distressing situation Miss Srf rr4» harihei pocket:book with a ,sfiver, .parse, in wii4l . l. was a one pound note arid sonic silver, stolen. 'Vile voury, Lady was' so much burnt that she• died or, Strlday atiernoon. -, T 4. • •ei tek) - Barkstoll4:l.4(e4 fkisi INtrovtaiutt ;a ; 4 11(1 )R .),: rt anti fr 4 plortioler ,f ilk xetc 51 8 - 1 i Crii(it re; 'Bartlett, for, 'arto • 11 ' 0 1W, 'fOV " ' „11 ' • . ye ,• • ' • _ ;0 7 P1 1:414 0 • , jOltif!ifoPitfg, 4 to ' lltii r Sea s , Three Friends, latp . es, from Mo,gadore ;,Industrk,JSWltisoh• from Bijina t i fitN 4 -rgi , 4 and mv ha t , io k iniocip,rifrotrs : , . ;1 3 # 41- , 17471Cre:f31" - a? A fitca,,gliAitis., 77 kht Ste' 104ri. 1 - 04 nee W# }3 id* XSYer.4 o Add . wen alert§6;i: rol- iiiiiaica.;,.Atlq Rig chards, 1.411 Ar. Ce• i l Ardfit,-; 6 . 1 d ; Itrede, fur. Stettin a . 1)31144, andlariumnh,. P‘tysdyeb. I'r Varp . ll ; . pion, lixer:44 fwi`bViit4rford,; , Naucci,!, ,64,1 en ; otrign,t; BiOlifEs, - .' Peter,. RTinsi,Vrow in' a, • -Owe chiky s it. rs ; V row ereaa„ , V Vw T9llk .191)g0 , b rongiCtoatif ,,,,, —* -- ,' and Yen ado, Hanson, for Einbdcn. ..• • , . 1 • .; "'"'""P"''''''""'''""'"'""""`A"'""'"""''''"'".6;y.::_,____ • GO V E Riq NI •t•sti .--- --•-•-• "7 ,'"" • . ' • • T SECURITTY AGAINS l* (.t)U-N -' T.EXPEJITS. ' - - 1. None arc, G en • ;,I ',• .. SAWS. Sntn'.?"ll; tlanC, Witfibtlt..ha ng ' ..1) t ods ftr, LiVelpool, l enfrave4,,,lthe Stamp : and T en. 0 . ,fait, ward , for every Bott le so ld without a Stamp, to Do otictinvidion i o f l' rlianient, the slut Goo.. II L . , under At a ~ c S ?thr ough the delicacy' of laci f i elli w C u b .l tr.iir t.-1-,,, bebre tiny jruStiat of the rcace. . ~. . treated - of by the atiCiVitt l' r-1413ES DORSALIS the Constfternon.i tiCl*.. . ~rtr. •ie dent . ,to youttat,pc,rpons 0 ... ~,,, , , f me,tic in: 0 Of -s;tiacipas (1'181)0944)w,, is . so, . lat lidequate irs --ea of it cannot. be 4olledied (rem. tbeir. writings. ..t! ,_„ 1 " 5 necenArY, then to say, that the tiOtr symptorns of tti, nterttaltieuities ; ' a..,'Jcs Dorsalis are caslly discerned bl, involuntary ncaurnal, c.....m155,41"?, ; pains-in -the ',vex, as kvell 'as: often in . the head ; 14111tMlelr'6hypsician-5,..-iiiii ;41iri 'o".ro.bc 4 tlon of the ,spitte, 4 , aching 03friS,. and ‘VnAkne l4s.°( • ergbt ; dOea of rozorry,, by an extrinne dejeelion of. OW 'lltilenaft!,4_.."l4Se ; ecnaciatedbody ; irregidur /Antistatic` seriiii -17-113,*i which; preccaling 4 4)l4lroinc, at: liCatc3l, complainsi. •::,...41111.'lle'll. close the fatal; cataotrophe. •1:11e. c',Pcacßer' the. end -contingent tO these are gpita-sercoa $ •., -""al Willi of C;ileidifiliAlf,dentonitrated, in erOicatfing, c lute worst and most dawzerous symptoms Of net -y/011 dist 44-1,•;• this` aiirt,clOthillo has tc,r4ledoppuch to dstabtish the fame c_i! , wh ''.. "'euicine, a its certain *iitecis in those ,Gootp,i4ide 4 t !ch strike their root sodeep ii',ti-tite,•Constitution, ;aid ar.o iii T ii l er te , Co 3 rd i ial, D4tiii of, Gi:o4l. is,earnestli recom i nt i e . rju t to , - • 1 : ' O l 6 taooming l imier those &mei - nu 3c11:.'.5 Walltrt i . .... '...d l °Clait' ICI:ild:Tictvahlbr:Eati1:1;i:)183::(111-liet:ve,34billnlirtial:641;::°i141::;:vs'iiIIINItojet:t:4:19.7;i3':1:'0.CihrIi':;:.1::::;i2tiansitirigkfiti:t. i4 ::: :4)c 1:rv' i ri n: wl41 : 11:I. w : r1::11tli Ilkel6.lg.t3l'nlt ' ie°lt:s :l .'3li sca ::)::°!:°4:41::::11 tog ctiiril to four• Bottles at . Guilie'a egch ; there . are n6cii, itottlds, price 33.5. ContiiiPlE ft' e . r.,-(i ... it'Lotion.• ;i4.'vcs 95. including ; A iso tilot),Aity; tin... Stun p of whiab W i l l !' she Proprietor's Name and Address ► Sturstud SOlOlllO4-'"'- lierpnol,"loi ' ' . ' . . . nlitate whieh IS fvloay..' N. B. Th,„ i.'' .ii d u el aW I Ili! bt.P.!Ni 'which the Patilln —.•• ostaAe at all Letters must be pal • --, . . d r t e Ni t i l i le i l4 l B e de9lb a ' Ym t 9b: Cordiall Hazard, 4k n-k Rem nant, : ell ' and a l. I . i r t :i. :1;t : r. 1°(:r ' l 3; i I 1 ::n y l*:: ilietilu'u' {; ni ck g. I ' l ' t. I I ; :h ;l e t f :i ;:u t eS r 't i ii t riir t tj i :l: • .:14:11';'1 " If 3::: Inalt: .111. el sit li‘i l' 11 re:;11174a:;-: vil;i :idSPI ilt-i I:tlirg 11'; 'ter, (slil3 ; K e el? n b e ri r d - g e P C H .i °d i t v g rrst: r ; y : , Siiiiiii,.js ; -al -is,e ' I I . l t f ; • Altdont; istnry St. fi r t i romrs, D i n I S L 1 11 ill. cov.Jvckoi g l,ai t I ; c e L : c'e ' ;,,ttly2p,' Eti;erino.o ;. ,Citelm6fol44 Clack: • ; S mith;C: .. oft i .: ,I)6rb y , „, "I,a Lois ; Cl•khcateri Phil ti pvtil ;.c. irepcosterrt IJoe, co tmtirpenhatif, Combs ; Dutilin, Dogdalc, No. 7, " 1t: 1 .1i,, ► -r ► • Neales, DeVaeS 1.,,we .D I \,• Pea, 10 . '" . : otesocater, little 1 , „ ri de Dartmouth • Jackson ;_ Edinburgh, .Sinith, Norm ", 4 '',.. ; 13 t r * TY ; 7 thuhant, , Pennington I . • .' 4 .... • Exeter, - T rew man and Sna.;-cEatinouth, Elliot "; 6, 0) , 1 . 1 `. ; ,;„ t.N.• Pr*t, .Walker ; Gla4;ow M'D0.14.1 ; • LivcsfKro'r ‘i," druggist ; Leoos, tims,. iirdines ; I.hicnin,• Prot!' i: . 1 -r. 1 . 0 : cai ! tie, Walgter, Hear 'Leicestei, CI regOiy, S‘Yinfini Lewes, Pstr,,i. ''', 1 1 ;: l 2 , chest,r, 'rhortipit ; • Margate, Rowe., ; .Nfaidstlone• " r4l " - : ,Marltsertong.h, liar/slit; Ncw.burY, Fuller Atlee i. w,.. Reacting, Snort nod Co. ; °sac ( : ll'xiAsbli ; NorthaMpton, Dicey ; " tr l `ham, ffurbage; NtrrWich,. StOre'tiSoll - and Cc).: Jones ; Plynteuth Dock, }fox - hunt r; Ports:lt:nob, •• gc 121 % s„ergent .; Shrewsbur± , Elletuwes ;* Southamprbil• 114 1 4 1 , 6 v; ` Rochester, lithe i Pre' W r a l , StatlOrd, Morgan ; Siarnitird, Newcomb • Suinferindi,,,,,,,'t;•i' Salisbury, Cottios ; Seartrorr.ogit, ii.eyrevi; l aunters), 1---,a, T cuihriekc IVeils, Spninge '; WeLis 'Evil, ; WcYfr ° ' Wood ; Windsor, Riakcoey ; :;ricl by' it'll Venders ot COM:, , . Mont:lnes m the United Kin . gdoin. ' O - , r W U r "'bum 11 1 • 1 Y be hod, a new kdition. being riiitiy 11110(in:11 Pages, 'price only zs. SOLONION's CUIDt. TO Fit:Al:T.ll : op. Or advice to. both aries, tni telltale disc3ies, Nen:o lo ' ok o po,honndriac, and Lotriumptive Complaints. en: tio ,uf to fe....orpruerreled to r troy; ritect an', i.,:) , ., , ; 11A b 'M I, II". 4414 ,',, , ,i , i many year i:xperi , :oLe and ot)3,:rratiro on the (....lano,t; 0 corr:i..-querrres 4A a se..ret ancl deltrilet.ve yie:.• 1 . 0 , : ,41 ,_. .r:1:1.; 1 Alt r.S.S.Iy on eirse,cses in•Adent Jo ferlialc:4 an' ‘ ,.. l : l , ,1,,c , perirtitoti.ttl:-SubPV:t of ,i solitary and :estritztive-v......• ~,, ' ll 441`11-:CS3 V) P4fLOt.S. (•:=Jaretians, Tcrwrs, alit( tlir.sse..rl(4. - 11.• Ye rho care aral educe of voittlil 1 ilccwie aolri.,„; :;.,t , iliig, extdainin, the ,ii,.44' 0: tn.-Annear; ir. ill.' clef„ ~,,,•,,l, stares of the Scorvy, 1,.., ,, ,.;,i, K iii,;:., L:cil, (;0 1t ., ,; 4 „,* ~, :If , in • :•,, , ii, and'Yvnered pi'lei , v ; 1:.#0 Flow; TO yowl , 17 1 ,,;: ix ,,,60. t:,,.- Oar., ::r ,d • improper voritreition, cp - 1 !,1.,,,,P.er 11" it ' ',,,,v),0 6-17. 1.1:0 ntlahing Slier or tiliq Lin , :.. i.; Life trli2ilie it, east etilitY. ...-.."'.'.__.rte. .n.strcrt, , V soircnOt-,AlLitc); r voyEmßelt ‘• :HicKSTEN AND OTHETISV. CLFMENTI. Mr. ERS!EINIt i .i6 this-case, moved for a.Rule to shew cause why.-,the Nonsuit which had been ob.' tamed in this case. should :not .be stt .aside, and .a .dew Trial awarded. • This , case vass! , tried before. ,Lord V.,'LLENDOKUirdfi and a Special Jury of Mer chants, at the Adjourned Sittings at :Guildhall, kwas an. Milan brought to -recover a sum of mo ney, as : damages, arising from a' refusal to accept quantity of stock which stood in the, name of •Mr. ..Eliaton• Gn t h e ch rLVlay last, this Stock was soli at . 7o, in consequence of the fAse . report that was sent to the Lord Mayor:. The Defendant, c tt. the imposition being: discovered, refused to .accept . Of the stock. The first question was, Whether' the AC - lion could ha maintained at all ? -And secondly, Whether it could be supported ,Under this form of declaration ? • Mr.. Eliason had instructions from hi& COTlTSpOricittlt at Hamburgh, to sell this stock in trust for him, to wit, pool. in the 3 per Cent; Consols. , On the discOvery of this imposition, a great number of persons refused to fulfil their cunttads, considering it as an imposition too gross, and too universal, ,to make it binding on, soy body. But the Court, held that these Contrads must be fulfilled, unless you could conned the party-entering into the Contrad with the fraud. .On the 6th of 'May, that is, the next day, .the impositioo,being discovered, the Stock, fluduated between ; 64' and 651 0 But the Plaintiff, instead of selling that stock • at that.price,.and going against the Defendant for the difFerence,,wrote to his Correspondent at Ham. bUrgh,.and slid not dispose of the stock till he heard fro:n hini, which was on the.gth. of ,Ettne,, and then sold his stock at • • 4• I'4r. ERSKINE entered into 2n elaborate discus. sin, on the pleadings, ant) contended, that his Client was a t least entitled to receive the differ. once between 7oi, and the best price that could afterwards be got tor it. -The Court thought it was better to sue for it in another form of asOion, and refused a Ruh* to shew cause. , • COURT OF COMMON PLEAS, Noy, 19,. ROGERS V. SIR JERVAS CIA VTOli t BARt. This case was -tried at the last Sittings before Lord At, vANLEr. It was an Adiou for malicious ivordq. The Plaintiff was in the service of the De_ fendarir, as his Batley, and was discharged by hi m some time in the month of jitly. The malicious word's upon which the Action was founded, were contAinect in a Letter address e d .to n Gentlermso lv h o had retplostra to learn the Plaintiff's charader, and in which he stated that lie was a lazy, idle, inso. lent fellow. The , jury, upon the evidence adduced on the trial, found a verkila for the Plaintiff, with zoi. damages. - - A IV! was made this' day by Mr. Serjeant BEsT for a new trial, on the ground that the ver did upon the former trial .Was contrary to the,nri. • PrintedbY R:JCIIANAPNI 1VPM11.1.,1,N, (of s,tfeert _ovent-C;a' Wen) ; alp Pubilbeit by lADA ARViCtlt. ' Sk At the Stir - 401 , 41c1, t, 4trand: WtiCIC dildertii(Oinyha Qrsirrs for Pn;cr. iwttife thc. R2' {At 6 °qth Moi • .• 111;rg RFE a iyn• Thmiday last, dt.qt: Angrew s,l - lolborn, by the Ref. ChatlesTryee,. Mr., jcid*Sitiiigi oFßarkwa?, to 111i$s Sarah tit ~X H txhbo rx f oirotdsughter.ot the late. I osepp ''.43'°;Y* of AlAwelk• Herts.' . • . , 1d bi 4 I. two j skr el o i ste , t i ,t ( a;.: . n ti l l e es : W 4,v i w ila i. rn ier s ; 1 E ; e wa"s in at a Potl.F,ldar paission, capt4u...l.le:::enant klayes,of me Royal. Enzinierl. •-- tiiiVhalfs4s4tlilst; °felt.. 0 rrstenitt-s , frect. 4, 44r5 . # 211 .-; tr q (1,94)14j -of Henry, 1.,,41410ittit 1301 Rey!: tt . ot. . th,: vice . , i t fyisrip, Iged,63, rvlrt,. ll , l b"." mite, formerly Ithe Nfirvt,„it N0v1111 . .001 . 1 - int.,11C3.1 side. . • OPSOt her- On the mitt ul Dahrttni.ain;'.44 tit= co'lntY' • land; Ep.sii4 acnea $1.1;41r1Oili:1A140,01; ate 4:Nakincn"a"b 1 Pa 4r.i.lip, in the ti3tii'ye;,cof a^,e. ' • „ •,, At tfina; 'Mrs. to rieire',' T110:31:10 GfiCVvozeigijortj , Ole ,1411cF. : !ogki$;• NI ndrew Ihg I i s„, Su rgedn. •Lately, at Ashby de' la , Zoirch; In 'l.4#eiitcrshi tlic he . • '„V„ic.tr :f) thrtt4etilVer' 4l 4 ll s 44oo ro e ais? Vicormtei . a4ington. Co . only. •t, • . • mortinik:tlie. -Ist .i:ibtithty t. the Ileaorr West Monkcln, atter a few thys illness, the. rossmah,j. L. D. n it e.,4;ir V#3, 4t in)cq,'• 'den, in the ?..!iiittitrot : Sertntrser, the of the the Cathedral Church,of tVcl.l.4fan3 One of'Hfy ustices.ist the Peafe for,titat - courarr,, , -• • -", ()it tivz..:.7tii tilt. 1°110144k 9 : ; , PlJntittion, in Yoitsbire: •• ' go ; On Wednesday, ftaCtlil in at . it*F.dirthargh, therw''l,(4cl- Mary Elizabetit Forbes; Ilaughter of the 14ight „,10 Forbes, sister ot-itermEllyttee-14ffrote ss o f A t i t ul, of lehiljiay, Esq, bankor, ,gdiflbitr4. Dtt • ANlEWiltg6w, oil 'the 1 - 1;t urt jime.c'Atidrew, r• , ;`+' PfQYgstrif that . • t .~ ~ ~ FR JE, .t?f t ' - .. VASTIApAy, • ,• ~ . .. . . . . Sank Stock Liz 1 11163 ttock far Arcola 1611 1 N. iy 5 Pci 1. clif • 2 ;.zii ,'_ indipktopis s,. s. tip. i per Cents v... 9-, 11 , ,rigi 1... t. Milli, par s. (Ns. itiiii .S. µ:c Cu .. ... ; . - ,Oinniunf , g 3f•dis• ; . 4 per Cent. COO. 6761/ I inpvr. 3 ror, cont. 931 3 per C. R. 521 i . Irtto Aims. -„lper ,C*. cyfi . shift ' . HMl:for _, • . .P 411 k I_ A 155- tb 1 COlll,lO , ACC, 'STig • ditto S. A. . - On Thursday, at . Flower-I)l4er, Surrey, theLady:or tho, Hon. Ganr. , i; N c 9. If pt . t Sof;