The Sun. — London, England, 1821-11-28 00:00:00

THE LONDON JOURNALS. DAILY EXTRACTS FROX THE 3IdRNING• PAPERS, November 28. . . ' • [bIORNING POST.] We received yesterday files of Papers frbm New Pkovidence.to the .4th ult. and from Newfound land to the 24th of the same Month.. They abound with complaints against the rapaciousness at:d ferocity of the Pirates who infest the Amer-- can seas and board and plunder all nations . indis criminately. Oae of them had been taken by a vessel belonging to a French squadron, which was actively cruising against those daring bucca, peers. The Editor of the Nassau Gazette, in his 40:narks upon the piracy committed on the Dutch ship. Marguerette, says—" We hear by chance of •' - geveral of these (piracies) some time after they have ,:taken place, and we have been told that in some instances the masters of vessels, who follow .certain regular trades, submit to such acts si ;lently, frbm the fear that those fellows, seeing themselves reported in newspapers which they find in the vessels they board at sea, will treat them - with cruelty and perhaps put them to death, for making the piracies and the names of the pi: - ates public. Along the . coast of Cuba, the Qulf of Florida, and down in the Bay of Mexico, as far as the mouths of the Mississippi, small craft, sometimes open boats, rob and plunder vessels. We understand that the American brig Cosrnopolita, from Charleston, which was - the other day wrecked at Florida, had . been pre viously robbed on that coast. The General As sembly of New Providence was prorogued from the ISth Sept: to Tuesday the 23d of October. [HORNING CHRONICLE.] We are glad to find that our Ultra Contem porary begins at length to draw in his horns with regard to the French Noblesse. He has pene tration enough, it appears, to see the ridiculous figure which the principles lie lately maintained cut, when exhibited in their proper light.—lt was but the other day he told -us, that " the pride of birth. will remain so long as men can trace their descent from the Duguesclins and the Bayards of antient, or from the Montcalms and Suffreins of modern fame. That such distinctions skiould be wholly taken away is not desirable, if it were possible, and it is not possible but by the entire extirpation of a large and estimable portion of Society ;" and then followed some re flections on the unsuitableness of then of family engaging in trade, and so forth. We were told too of Dukes descending from the garrets, after having made short commons for some days, to afford money for the fare of a fiacre, to convey them to the Chamber of Peers, to vote against a particular measure.—The separation of races was the curse of France before the Revolution, and with the return of the Bourbons returned also that plague. This separate race laid claim to German blood, arid despised the rest of the Frencls as• Gauls, and like the Noblesse of most countries of the Continent, were far above any pursuit of honest industry, hoWever poor and miserable they . might be. Sir James Stewart, whoSe feelings had often been hurt by see ing poor and ragged creatures of this order wandering up and down, and " chasing a wretch ed hare or partridge," urged the propriety of granting, as in England, the title of Noble to one of a family only, and let all the rest be come moners; that is to say, distinguished by no per sonal privileges whatsoever from the lowest class of the people." This is what common sense dic tated.—But the return of the Bourbons gave to the whole of this race the titles they had before the Revolution ; and this was followed by the notable absurdity of making Peers of Dukes without a penny to support their dignity. [NEW TIMES] - - rt is not long since The Tunes boasted of its respect and reverence for the Clergy. This re verence was evinced in its Paper of yesterday by one of the most flagrant insults on the clerical character that we ever remember to have ►vit- nessed. A. Reverend Gentleman, it seems, in the conscientious discharge of his duty last Sun , day, had thought fit to caution his flock against the perusal of irreligious and immoral publica tions, and in particular had specified the Poems of a certain Nobleman, as tending to the pro ulotion of vice and infidelity. A senseless Cor respondent of The Times denounces this pro ceeding as 4 C nct in conformity to the principles of Christianity," and The Times inserts the Letter under a heading, in capital letters, " Li centiousness of the Pulpit" !!! Licentiousness ! Was it ever before heard that a Newspaper, professing a regard for religion and decency, dared to arraign a preacher as licentious, merely because he cautioned the young and in experienced against snares the most dangerous to ' their consciences. Is it come to this, that a teacher of the Gospel of Christ must hold his peace, in the presence of the scoffer and the in fidel, on pain of being stigmatised and held up to .reproach in the columns of The Times .. : A.incere and pious preacher may well be ex pected, at a period like the present, to be earnest in his warnings against vicious publications—to 'enforce his arguments with warmth—to illustrate them with examples—to point out distinctly the rocks on which so many make shipwreck of their salvation—" Who can• endure," says the admi rable Barrow, " that He, whom he appre 'bends to be his grand Parent, his best Friend and Benefactor, his, great Patron and Sovereign, - should in downright terms be defamed or dispa- , raged ? Who can patiently bear that, wherein he placeth his utmost hopes and supreme felicity, to be expressly .slighted and scorned ?" This consideration, might justify some severity of re proof in the preacher, and he would be so far from deserving blame on that account, that his discourse would certainly prove the more benefi cial. 4C The severe word of the reproving man," says Bishop Taylor, " is wise and healthful"— and " he is a miserable man whom none dares tell of his faults so plainly that he may understand his danger." As to the danger which is to be appre hended from the poems in question, we have tong been convinced that it is truly alarming.— The talents of the Noble AnthQr_.are great,' and therefore his works are popular. They seize, on the imagination of youth, and they captivate the female sex by their brilliancy and animation ; hut under the flower lurks a venomous asp ; and the admirers of the delicious versification un awares imbibe the profligaciof the sentimeuts.----; This is a national evil, well deserving to be de nounced, not in a single pulpit, but in the pulpit of every parish to which these pernicious Poems have penetrated. The phrase " Licentiousness of the Pulpit," is manifestly adopted by way of set-off against the general complaint of " the Li centiousness of the Press;" and the argument meant to be conveyed by it is, that a Clergy man, who cautions his parishioners against the reading of a vicious book, is as deserving of cen sure, as a writer who slanders the institutions of the State, and attempts to bring the King's Per son and Government into hatred and contempt. [THE TI NI ES .1 Now that all is horror and confusion in Ireland, the Government both there and at home are exer cising themselves with uncommon activity in the restitution of peace. To restore the lives that have been so fearfully destroyed is beyond their power. "At one fell swoop," sixteen, if not seventeen, persons murdered in the night, and by tire, is an event calculated to awaken the most torpid attention to the situation of Ireland. For the further particulars of this shocking transac tion we would rather refer to the extracts from the Irish papers, than repeat the appalling atroci ties here. We shall merely state our suspicion that the story of the child dropping from its mother's womb may be borrowed from the history of bloody Queen Mary's time, when such an oc currence actually took place in Smithfield (as may be read in the historian of the day,) and the living infant was by one of the brutal execu tioners cast back into the flames ! Sixteen, also, or seventeen at the most, and not eighteen, as at first reported, 'are the number of persons who perished. Neither does it appear by the Coroner's Inquest, that any of the unhappy suf ferers were shot, or that the murderers stopped to fire any muskets, or to witness the success of their desperate enterprise. The state of Ireland then, being thus distracted and it is not merely of the district in which the late murderous conflagration was kindled of which we speak, for it is evident that disaffection to existing usages, contempt of the laws, and a disposition to revolt, exist every where,—it becomes neces sary to apply the most prompt means to stop or to suspend the growing evils. The armed force of Ireland will no doubt be immediately in creased, and military law must take place of civil process. The present mischief is not one that can be temporised with; it must be sup pressed by force ; and when peace, or at least stillness, is again restored, all will have been done which it is in the power of such men as the present Ministers to do. They have not heads to regain the affections, to satisfy the reasonable wishes, and consolidate the tranquillity of Ire land as an integral part of the empire. These desirable objects must wait for their consumma tion till happier times arrive, and some more en lightened Statesmen appear on the stage. [MORNING HERALD.] The want of some system of public instruction is one cause of the degraded and demoralized state of Ireland. We alluded yesterday to the prevalent non-residence of the beneficed Clergy. One of the worst consequences of this is the want of Parish Schools, which a liberal and enlight ened Clergyman of the Establishment would render available for the Catholic as well as Pro testant part of his parishioners. If he disavowed and declined the idea of proselytism, facilities of educating their children would be eagerlyembraced by the Irish. This fact is stated emphatically at every Education Meeting, or Bible Society Meet ing, in which the condition of the Irish becomes a subject of considerat'on. But it is clear that, from the non-residence or neglect of the Irish Clergy, these schools, which are an essential part of the duty of a Parish Rector, exist in but too many instances only in, name. As to the Roman Catholic Clergy of Ireland, they do Tittle or nothing towards improving the min& or morals of the poor; nor, indeed, are they placed in a si tuation, or perhaps competent to do more. They are generally ignorant, unambitious, and harrn!eis persons, and not without zeal and conscience in their way. But their means of subsistence are precarious, depending only upon voluntary contribution, for which' they are obliged to re sort to a system of extortion that makes them odious, or of compliance and familiarity that de bases themselves and those who are commicted to their spiritual care. It is, we believe, the Bishop of Killala, Dr. Stock, .a liberal as well as an accurate observer, who says, that the Catholic Clergy have but little influence except where they comply with the humours and indulge the passions and vices of the people. If it could be so ar ranged, it would be doing a great benefit to Ire land to support the Catholic priesthood at the expense of the State. It would remove them from that dependence on, and familiarity with the poorer classes, which at present makes them but too generally remarkable for low habits and intemperance. Is it to be wondered at, under all these circumstances, that the Irish should be uncivilized and disorderly? We will add one word more upon this topic of education—both individuals and associations have made most com mendable efforts to extend the blessings of educa tion among the Irish, and with considerable suc cess—but the success would have been still greater if it were not checked by an imprudent and indeed unjustifiable zeal for proselyt sal in religion. Nothing should be more carefully avoided when the object is to educate the Irish generally. It creates, very naturally, alarm and hostility. Our advice to them would be, to con fine themselves to barely unscaling the eye, and leave the rest to the great FOUNTAIN of LIGHT and TRUTH. 'BRITISH PRESS.I ' The Irish Papers still contai n various accoun„ of the horrid massacre in the county of Tipper ar but all agree in its extent —the destruction Y' of sixteen innocent and .unoffending These accounts supply some defects in the for mer reports, . and afford some additional .details of this barbarous outrage. So determined were these savages upon the work of destruction, .that they fired at some of the neighbours who came; to . the place to render assistance. The name of the , place of this diabolical act is rober, part of the estate of the Lard of Clare, about four miles from Fethard. The neighbourhood is thickly inhabi ted, and it is observed as a proof of the demoraliza -1 tion of the peasantry, that they do not appear to feel horror at this frightful act, nor that sympa thy for the sufferers that might be expected uncle, such dreadful circumstances. CriMe has now at tained a height and extent. in time south of Ireland rapidly approaching to the total disorganization of society, and consequently requiring prompt and efficacious means to restrain it. The Insur rection Act having expired, two other plans ap pear to be in contemplation—martial law, and a system of general police. An extraordinary ef fort must be made, and made speedily ; but that will not suffice, for without removing the cause we must expect a repetition of these frightful scenes. The cause appears now tolerably clear. These outrages originated on the Courtenay estate, in the county of Limerick, in the eviction of the old tenants, and the introduction of new occupants ; and a like cause is assigned for the present hor rid transaction. In the midst of the general dis tress, others, fearing a like fate, have a common feeling with the perpetrators of these crimes, and hence, as well as from the dread of revenge, the guilty actors remain undiscovered. It is very true that the landlord is• entitled to his rent, and the clergyman to his tithes, and their legal claims are not to be set aside by force and violence ; but if the tenant, unable to satisfy those claims, be' thrown an outcast upon the world, he will have recourse to acts of despera tion, and society has nothing to expect from him but a life of crime. Where idleness and extra vagance produce this result, he may be left with out compassion to his fate ; but where distress arises from actual necessity, it is the duty of every landlord to ameliorate the condition of his tenants as far as he possibly can. This princi ple, we have no doubt, has been recognized in the disturbed district, but if more generally acted upon it would produce much good. MYSTERIOUS DEATH.—On Sunday last, a fe male servant, named Eleanor Tritton, who lived as cook with Mr. J. CURLING, at Ozengell, near St. Lawrence, in the Isle of Thanet, left her master's house on a visit to her sister, at Sand wich, and was expected to return in the evening of that day, but the hour of nine having arrived, and not making her appearance, two of the men servants of the house went out to meet her ; and, in a quarter of an hour afterwards, when near the direction-post, where the road from Sand wich diverges in different directions, they ob served a gig or one horse chaise approaching, in which were a man and a female, and hay ing made themselveS known, the woman called to one by name, earnestly entreating they would •stop the horse, and; adding,—" for God's sake take me out ;"" but the man who drove, instantly whipped the horse, which sat off at full speed, so as to prevent any attempt to stop it. One of the persons, however, pur sued the chaise on foot into the direct road lead ing to Ramsgate, - and followed it in that direc tion till he perceived that the driver, having pas'ed Nether Court, had turned out of the turnpike-road-into a lane on the right leading to Yegwell, and accordingly crossed the fields, the mere readily -to - intercept it; but being unsuc cessful, he still continued the pursuit into Rams gate,. where . -by. the light of the lamps he first observed that the female was missing, and the man who drove directing his course through Rarrugate into the road leading to Margate, a 1 further trace of the chaise was lost ; and it being now ten o'clock, he gave up the pur suit, and returned to his master's house. An immediate search was in consequence made in every direction during the night for the female who was missing, but - without success, till about five yesterday morning, as a man, named Wood,was proceeding from the vicinity of Canterbury, with a cart load of bavins to Ramsgate, he discovered a female lying lifeless in the road, within a few rods of the grounds of Nether Court, which upon farther examination, was found to be the body of the unfortunate woman with several bruizes in her fa-,e, as if from the effect of blows. Assistance be:ng procured the body was carried to the Work house at St. Lawrence, where it now awaits the Coroner's Inquest, which will be held on it this day. It did not appear, from a purse, containing a sovereign and some silver, which was found in h r pocket, that she had been robbed ; and it is to be lamented that the person who pursued the chaise, should, in crossing the fields with the good intention above described, have left the main road before he reached the spot where the Lody was found. The deceased was about thirty years of age, and had lived with Mr. Curling at Ozengell, upwards of five years, by whom, 'as well as by his family, she was much respected for her good, conduct. Since writing the above, we learn that the man who drove the chaise has been discovered and committed to St. Augustine's Gaol, till the result of the inquest shall be known. —( Kentish Gazette, Nov. 27_) , STRANRAER, Nov. c21.--There have lately come on shore on the west side of the Mull of Gallo -way, a number of bags of GROUND SUMACH ; the marks and numbers not legible, excepting one, on which cc 'Woos and Co." can be read. A ship's pump, and several pieces of a broken ship have also come on shore, from which it is con lectured that a ship has been lost on the coast of Ireland. Monday morning the body of a respectable looking middle aged man was found drowned in the entrance lock of the Lea cut, Limehouse.• It, was conveyed' .. to"the bone house to be owned, and fora Coroner's Inquest. 'Monday evening the Gosport coach was robbed of a trunk filled w i t h valuables. The Wantaae coach was robbed on Tuesday night, last week ; and on Wednesday the luggage was cut from behind two private carriages. Scarcely a night passes Without robberies of this kind. LAW INTELLIGENCE COURT OF COMUON PLEAS, N0v.27, GOSS V. WATLINGTON. • • Sergeant PE LL having, on a former day in this Term,' obtained a rule to slew cause why the verdict which had been given for. the plaintiff in this case should not be set aside, and a new trial granted, on the ground that the receipts of a man named Waits had been improperly admitted as evidence against the 'defendant at the trial; Lord Chief Justice DALLAS subsequently. read his report of the case, which he stated to be an action brought by the plain tiff as Deputy of the Ward of Qucenhithe, against the de fendant, as surety on a bond conditioned for the due performance, by Watts, of all the duties of tax-collector of that Ward. The bond was given on the W. of May, DM, and the condition was to be void " if - Watts should well and trtfly receive and pay to the - Deputy of the said ward, the watch-rate and taxes, deduct ing only his poundage for the same." Watts had sinec died, and being considerably in arrear, the Deputy had commenced the present action for the purpose of recovering the amount of the defendant's obligation. At the trial of the cause, the.plaintiff, in order to prove the deindarit's liability, had offered in evi deuce some books kept by Watts, in which the names of t." - ie rated inhabitants were entered, together with the sum due from each, and when any inhabitant had paid his rate Watts put a cross against his name to signify that he had received the same. Mr. Serjeant Pell objected against this evidence—first, that it was not the best evidence that could.have been produced. - 2dly. That the declarations of the principal could net be received against his surety, as such declarations would exonerate him self by rendering his surety liable. 3clly. That it the'piiacipal could not, while alive, be evidence against his surety, so neither could his receipts, when dead, be used for that purpose. His Lordship, however, received the boas as evidence, but wishing to have the opinion of the Court on these points. permitted the plaintiff to take a verdict, reserving to the defendant the liberty of moving to set aside this verdict, and have a new trial, if the Court should be of opinion that such evidence was improperly admitted. Mr. SerjeantVauosissas now sliewed cause against the Rule, and after stating the nature of the action and the .point to be decided, contended that these receipts and entries were admis- sible;in evidence against the surety after the death of the prin cipal. Such entries were clearly sufficient to have charged Watts's executor; but it was said that the surety being a third person, not a party privy to the entries, was not to be made liable by them. But the surety.here must he considered as standing in a degree of priority different from ordinary casts. The admission of one obligor to a joint and several bond would certainly be sufficiera to bind his co-obligor. If Watts had been alive, he might have been called to prove the receipt of these taxes, and that certainly would have been primary evidence, but as he was dead, the Court must resort to the other rule, and receive the best secondary evidence of which the nature of the case would admit. Mr. Serj. PEAKE followed on the same side, and submitted that these entries must be received in evidence, as they formed part of the running accounts of a person liable to make such ac counts to the defendant. Mr. Serjeant PEr.I., in support of the rule, said that he should argue the case now as he had done at the trial, on prin ciple, feeling confident that it must ultimately be decided on principle alone. ,The principle he should contend for was. that the declarations . of one obligor could not be received in evidence against his co-obligor, whether the party who made the declara tions were at the time of the trial alive or dead. Lord Chief Justice DALLAS, after consulting with the other Judges, said, although by the industry and zeal of my Brothers on each side, the books have been, I may say, ransacked for authorities on this occasion, yet not one case was to be found like the present.—(Here his Lordship stated the facts.)—All those which have been decided appear to have been cases on private security ; but this is a case of a public surety, who re cognises by his bond the - particular duty of his principal. We intend suspending our judgment until we are put in possession of the books in which these entries were made. « e wish to know whether they are the same books mentioned in the bond, where it is said that certain books were to be entrisetod to Watts, charging it as part of his duty to deliver them up, pro perly authenticated, to the deputy, This case must, therefore, stand over for the present. On this day Lord Chief Justice DALLAS delivered thc judg ment of the Court. This case has been very ably and extensively argued at the Bar ; but, notwithstanding, it appears to us, that a great deal of what has been said has no direct application to the present question. Our judgment will be founded on reasons which he in a very narrow compass ' • generally, we should say, that whatever a man may admit, shall be taken, against himself, both in civil and criminal cases ; but it would be laglily inconvenient in a variety of instances, if his admissions were to be considered conclusive against third persons. The question for the determi nation of the Court in this case is, whether these entries in the books of the principal shall be admitted in evidence, so as to charge his surety ? We must, to decide this question, examine into the circumstances of the case. The condition of the bond was, that Watts should well and truly receive and pay the Taxes. of this Ward, and the books which lie kept by virtue of his office, were always to be open to the inspection of the plaintiff, when ever lie should wish to examine thems They must, therefore, be considered as public books, for they were to be kept for a par ticular purpose, and were to be delivered up to Watts's succes sors in office. Considering them, therefore, as public books, the Court are of opinion, that they must be reedited in evidcnca against the defendant, for they would be admitted as such against the principal himself, for the duiperformance of whose particular duties the defendant is bound. There has been another point mentioned to the Court, namely, that the receipts of the princi pal, and the persons to whom those receipts were given, might have been produced against the defendant, and this, it had been said, would have been the best evidence. On this point the case does not appear so clearly supported by the authorities. — The receipts of an agent have been held to be admissible against the principal only under peculiar circumstances. In Biggs v. Laurence, Mr. Justice Buller held, that the receipts of an agent would be conclusive against the principal; but Lord Kenyon subsequently dissented from that opinion. The Court, there fore, think, that the receipts of an agent will or will not bind the principal, according to the particular circumstances of each case. In the. present enough does not appear to make these receipts evidence against the surety. The verdict must, there fore, stand for the amount due to the plaintiff. as Deputy, on the entries in the books kept by Watts, as Collector. FORSHAW V. CHAU RERT. This was an action on a policy of insurance from Cuba to Liverpool. After the policy had been subscribed, all the under writers, except the defendant, put their initials to the following alteration, " with liberty to call off Jamaica." It was proved on the trial, that four of the men had deserted before the vessel quitted Cuba, and the Captain, thinking he should •be blamed by the different parties. in England if he sailed with only ten men, although he thought them fully sufficient for the voyage, quitted Cuba for Montego Bay, and took in men to make up his full complement. .The vessel was subsequently• lost. The defendant objected first, ,that the alteration had vacated the policy, and secondly, that the Captain was bound to have had a sufficient crew on board when lie first sailed on his voyage, and therefore, that the policy had been vacated by his sailing to Jamaica with only ten men on board. At the trial of the cause, the Jury had given a verdict for the plaintiff, which Mr. Serjeant Tanny had moved to set aside, on the above objections. Mr. Serjeant II u renocic now sliewed cause against the rule, and contended, that as every thing had been done for the be nefit of all concerned, and as no improper conduct was charged on the Captain, the plaintiff was entitled to recover. The Co uRT however thought, that the ship should have had a sufficient crew at the time of her sailing, and therefore, though they believed the objections to be against the justice of the case, I they made the rule absolute for a new trial. READ V. DONHAM.• This was an action on a policy of insurance for 8,0001. effected on the ship Vittoria, at and from London to Calcutta and back, dated the 15th of August, 1819. On the I lth June, 1820, she arrived at Calcutta, and after - having taken in her homeward cargo, prepared to return to England. While coming down the River she ran against a brig, which she damaged considerably, and by the saute accident kst part of her own rigging, and in jured her deck. She was, however, fully repaired at Calcutta, and subsequently sailed from that port, butencountered a hurri cane, which obliged her to put back; and while in the act of re ., turning. to that piece suffered so considerably front this continu ance of the tempestuous weather, that it was thought advisable to have her surveyed, which was accordingly done. The per son who surveyed her reported that she intest be unladen, and that she was so considerably damaged, as to require repairs, which, together with all other incidental expences, it was cal culated would amount to above 4,0001. The Captain found considerable difficulty in attempting to raise money by the hypo thecating the vessel, and it appeared that only one house at Calcutta would advance the necessary sum ; and even they refused to do so, except the bills of lading and the policy of Insurance were indorsed over to them or their agents in Eng land : with this condition the Captain could. not comply, as the policy was in London at the time. Under these circum stances lie offered to abandon the vessel to the Agent of Lloyd's, residing at Calcutta, who refused to accept the abandonment, on the ground iat he did not possess any au thority on that subject. The Captain then had another survey made by the person who was employed by the under wsi ers at Lloyd's, and two masters of vessels at that time in the port, and this survey was attended, at the - Captain's re quest, by the Agent of Lloyd's himself. The former report was confirmed in every circumstance by these persons, and the Captain still finding he could not raise sufficient money, and believing that the vessel was nearly. useless, advertised a sale of the ship, at which she fetched only 14001. He then left Calcutta, rind arrived off the coast of England on , year, and in London on th e 25th of the sanzrionth. The Ai." 4 papzrs were received by the plaintiff abont the AI:v;IVI.' lowing ; on the f;th he gave a verbal notice of abandOntient to the diff,2ront underwriters. The Jury had given a ves , di. 4 for the plaintiff, for the full amount of the dcfendant'3 subtr6Xill" tion, which was 2001. The SOLICITOR••GENERAL, on a former day in this Tart , had obtained a rule to shew cause why chi. verdict shoukl;los be set aside, and a new trial granted, on the grounds, fillt, that the Captain possessed no power, under site circumstances of the case, to sell the slip, and thereby derermined.the voyage • insured against ; secondly, that a notice of abandonment was necessary ; and thirdly, that if such notice were necessary it should have been given sooner. He cited the cases of Andrews v. Mellish, 15 East, 13 a Hunt v. the Royal Exchange Assur ance Company, 5 Nfaule and Selwyn, to ;hew that the notice of abandonment should be given as speedily as possible. Mr. Serjeant Lx ;s and Mr. Scrjeant YELL now shelved cause against this rule, and contended that under the special circumstances of this case the Captain had a right to exercise-hie discretion and abandon the vessel. By the sale the Captain had, in fact, acted for the benefit of all concerned, and this was a case of such extreme distress as fully warranted him in what he had done. Mr. Sergeant TARDY, in support of the rule, stated the points. He contended, that even if this were to be considered as a total loss, still that the notice of abandonment was bad, for the Captain arrived in town on the 25th of April, from whirh time he had frequent communications with the plaintiff, and yet the notice of abandonment was not given till the sth of the following month. On all the grounds, therefore, the Court were bound to make the rule absolute. Lord Chief Justice DALLAS—In this case the Jury found that, under all the circumstances, there was a justifiable cause of selling the ship, and we must refer to these circumstances in deli vering our judgment, as an attempt has been made, I do not say improperly, to impeach the conduct and motives of the master, of the vessel, as if he had acted for the benefit of the assure' alone, and-not for the benefit of all concerned. The ship sus' tamed a considerable damage, as specified in the different re ports on the various surveys which she underwent; and what was the conduct of the Captain on being obliged to return? There was an agent of the Insurers at Calcutta, vested with particular powers; and the Captain, ignorant of their extent, offered to abandon the vessel to him as the representative of the underwriters. Vilna could be more fair, open, just, or honourable, than this conduct? and if the agent had not authority to accept the proposal, that circumstance would ' snake no difference as to the conduct of the Captain in mak ing it. The Captain intended to repair the vessel, and with that intention caused her to be surveyed more than once, in order to ascertain the extent of the injury she had sustained. At one of those surveys the agent himself was present, and must of course have been able to know whether the Report of the Surveyors was exaggerated or not. ‘Vhen the vessel was subsequently put up to sale by public auction, that agent had notice, and yet he did not interpose to prevent it. The sale, however, was only resorted to when the Captain found he could obtain no pecuniary assistance, except on terms with which it was impossible for him to comply. The Jury have found that under all the circumstances the Captain was warranted in the sale. In Mills v. Fletcher, 1 Douglas Reports, 234, Lord Mansfield said, " I left it to the Jury to determine, whether What the Captain had done was for the benefit of all coneerned• If they had found that it was in words, where would have been the question of law ?" In this ease I acted as Lord Islans field had done before me, and the Jury did find that what the Captain had done was for the benefit of all concerned. Th e Jury was formed of merchants, gentlemen most able to judg e in such cases, and I see no reason to overturn the conclusion to which they have arrived. On the other question, of the notice of abandonment, I think I may ask whether the rule as to thiti is, in such a case as the present, to be strictly pressed against the party ? The notice must be given in a reasonable time, and 14 13 t reasonable time is, must generally depend on the nature of die, case. .There is no evidence to shew that the party had the fell means of determining the course he should pursue until the 3 1 ' rival of the ship's papers, on the 3d of May. Taking five day -5, therefore, as the limits of the time to be alloWed to the assured, I think that the notice here was within the rule. Mr. Justice PARK and Mr. Justice ButtROUGII expressed at some length their concurrence with the Chief Justice. Mr. Justice RicstAnnsoar—l am sorry to havethe misfortune to differ with my Lord and my Learned Brothers who hay= just expressed their opinions, but I must shortly state tha.t in my view of the subject the assured has no right to sell, ex cept in cases where the circumstances may be said to lay hie' under a moral necessity of so doing. He should act as a pru dent man in the same straits anti difficulties would act as u he were uninsured. His' Lordship here stated the circumstance of the case.] On this account it would be more satisfactory to my mind if this point were submitted to another investiga tion. On the other point too, the case is not so clear I could wish. It is not stated whether the Captan had an); communication with the plaintiff immediately after hisarrirS' in London. If he had, the notice was certainly too 1 tte, and fo r both these reasons, therefore, I am of opinion there should be ° new trial. The majority of the Court, however, agreeing will the CIO • Justice, the rule was discharged. - TOURNEY V. BELL. This was an action on a policy of insurance for 50001. on the freight of the same ship ; the same verdict had. b en given, ex the same rule obtained, which was enlarged till t lc first day in the next Term, unless in the mean time the cause should be S tied by arbitration. COURT OF EXCEIEQUEP, Nov. 27. Mr. TAUNTON moved, on the part of air. Parkins, former, ll , Sheriff of the city of London, for a rule to shew cause $ O / 4 he (Mr. Parkins) should not be allowei to have free ace' ? to, and inspection of, the books in the office of the Untl, o : Sheriff's, for the purpose, as was understood, of enabll y t him to complete the accounts of fines, forfeitures and ottL," monies received and paid and due to the King (WWI the term of his shrievalty. The Learned Gentleman proceeding to state the grounds of his motion, when the Cou r interposed, and ruled that the length of time which had beer' suffered to elapse since the expiration of Mr. P.'s service in Of office of Sheriff; together with the subsequent death of his c?'' league, without moving in this case, left the Court no jurisal' tion in it. The rule was therefore refused. COURSE OF EXCHANGE, Novemi)er 27. Amsterdam Ditto, at Sight l2 10 Rotterdam 1.2 14 Antwerp l2 7 Hainburgh 37 6 CI t r 4 Altona Paris, 3 Day's sight 44 60 6 1 ' 6 ' Ditto Bourdranx, ditto Franlifurton the ,N , ain Niadrid Cadiz 'l6 F tieLi 1 r Ililboa 951 Ettectir` Barcelona 35i Seville Gi' , raltar Leghorn Gt.' itAll 41-Venice, Ital. Lis. Y 7 00 Malta 45 --Naples 391 Palermo Lisbon Oporto Rio Janeiro Dublin .... St ...... ..C(1rk...... 9 per Cent. BULLION. Portucal Gold, i n Coin Foreign Gold, iu Bars New Doubloons New Dollars %1i1t..., in Tirirc. . •L. 0 0 n p I ° l' ... y I ..,A . 0 4) . 0 4 ;,:.12 BIRTHS. ' ro On Saturday, the 24th instant, at I3rct'lerton-flall, shire, the Lady of Major Crowder, of a sui. On Wednesday last, at Purley House, near Croydon, s l* George I.larrinton, of a son. .0 0 On Sunday last, the Lady of John Arnold, Esq. , °- Bond-street, of a son. 10 11 On the 28th inst. at his residence, Palham, surrey, the of Frederick Woodbridge, Esq., of a daughter. • 11 , IARRIED. sf id° On the 23d inst. at Mellerstain , in the County of Ber• John Lord Glenorchy, only son of the Earl of ItreadalbL;ie, Eliza, eldest daughter of George &tithe, Esq. of Jerriswo ° ,4l• ° 4. On the 22d inst., at Mawnan, in the County of Corn Catherine, daughter of John lionlclemor, Esq., to the Woe rend Edward Rogers, M.A. Vicar of Constantine, in the niv County, and one of the Prebendaries of the Cathedral of bury. DIE 1). Jo, On the 23d inst. at Elmstead, r: ;sex, the Rev. John 1.3=-7 F.R. and L.S. Vicar of that Parish. • ti On Saturday, the 24th inst. after a few dais'..•illncssl:lo John Wyatt, distiller, of Redcross-street,Cripiilegate, 32d year. On Monday, the 26th inst., at Dulwich, Mr. George Printed and Published, for the PROPRIETORS, at the 0 OFFICE, 112, Strand, by J. B. CARSTAIRS.