The Sun. — London, England, 1801-11-27 00:00:00

°f/ cel; . beT ,f rcckd' ?rtl tr; air 1, Sf r t (CO, is l: .$ at oar d {et re ; iroP CO°I I I to rog cr 4 ; 4 0/ 001, Lol l -II t o .og j 010 5 ; for gave I 0 1 ! Engl", P° E ven 10.- al bei cour t , the t . . e o i Jilts ,aed to mon h O f t er• le VC c Flo asts zobtlit ;tol o a ol rerP„, A PAZ:Ig; .NCA ACTS OF GOVERNMENT. ' ARRETt Uts,NOV. I+. • 116 Consuls of' the ,Republici with the adv ice of the c • ounctl of State decree • •,- The Consular Guard shall be commanded by foirrs t er 'ai Officers :—A General Commandant of Infantry; a ktIA , a eral Commandant of CaValry, a General of Artillery, `. General of Engineers. , First The Generals shall daily take their Orders from the rst Consul in person. 1, 4 3 : The Foot-guard shall consist of two corps ; one of two tei :_a • licns of grenadiers, sad one ot two battalions of elms pf..l4. Each of these corps shall be commanded by a Chief t a i ls , ri g , de, who shall,take his orders (tiredly from the Gene ‘.ot-innaridant of Infantry. , 4 . 1 he Horse-guard shall consist of two regiments, one of t h e nartiers and one of chasseurs. Each of-these regiments kr' be commanded by a Chief of Brigade, who shall take ty orders directly from the General , Commandant of Caval ti;--No change shall for the present be made in the organiza- T of the artillery of the Consular Guard. ?'' From the zzd of December, each .ofthe two Corps of ZZ-Guards, andviehlteginaent, as also The Artillery and a;,,lgneers, shall have a distind Council of A-dininistration, h 7 ,4 receive diredly. from the Public Treasury, on the War -I,t7tlker the Minister at War, the Funds respectively allotted them f et - These Cmincils of Administration shall make a general 4 0 1 re yearly of their proceedings to a •general Council of mr ninistration, w be assembled at the order of the Consuls. j• There shall be a Governot of the Palace of the Go ril ment, who shall ta)r4 his orders diredly from the First 49sul. H e s h a ll have, under his command six superior 'Maras, and six AssistaUt Captains. ' One of the six superior Adjutants shall be appointed eromandant of Arms at St. Cloud; and another Commarl -qt of Arms at the Military School. 411 - One of the four Generals Commandants of the Guard, 411 be constantly on duty at the residence of the Consuls, Oring one decade. lie shall be prasent at the parade, in eet the Guards, and cause them to file oft: The distribution of posts, the appointment of watch of.;4", and the duties which relate to tlie.service and,police f ""ie Palace of the cruverninent, shall be comprised in the It ettions of the Governor of the Palace. - 1 t1 • The Ministers as War, of Finance, and of the Public• r re;4l4 rY, are each of trespedive Departments, chared , t l th the execution thepresent Arrete, which shall begin.tted in the Bulletin of the Laws. (Signed) the First Consul, BONAPA RT E By the First Consul., . H. B. MAKET,, Secretary of State. t *as generally supposed that 'the Archduke A I tßowr would accept the nomination to the 'Bi. t ,,ric of Munster ; but from a letter addrased to t ue Chapter, it now seems certain that he will not. that communication the _prince declares, that Political circumstances do not permit him to come a final determination upon the subjetl. In the ~,!3 4 0 tittle he requests the Chapter will continue 1 ` t/ pay the pensions granted by his uncle the de. t eased Elector of COLOGNE. Ojhe conclusum of the Diet on the mode of Indem es has been ratified by the Emperor, and has D, communicated to the Diet. The States wait of . ` l ' l , the greatest impatience iiir the commencement situngs.of the Deputation of the Empire. Che Treaty of Peace W1,11.C11 SEBASTIAN' has car to Constantinople, is inclosed in .a very rich boxy and written upon v•llutu, with a sort of mag. t !hcence adapted to the taste-of, the Turks, who such a luxury as a particular' proof -of gteeni.' L'ORtkr, Nov, I 3 Frtgate 4, Boston,, of 24... twelve-pounders, entered this On the i Ith; having on board Ro 13 E.R,T LIN' I NC.- 1 10 N, Esq. formerly Chancellor of the State of 11 ,w-l'ork ; Minister Plenipotentiary of the Unit g States to the French Republic. - He landed yes.. day; and in a few days will set out for Paris, ac_ . 0 by 11:s family, arid.,M.-Somen)N, SeCre tetary of Legation. • , . --MBURGH; Nciv. JAMES CRAWFORD, the English Minister. to tie Circle of Lower Sax j'Yi presented this day Sir RUMBOLD, whO tr.) succeed him as Charge d'Affaire.s. In a - few filtered Sir JAMEs will set out for England; and; it is licred, that he will he sent Ambassador either to er • lin Or CO Copenhagen. t,lt was announced some time ago in the public Pen that Count . VON MUNSTER was going to "eesburgh as Minister of the KrNG of -ENGLAND, 1 , awn quality . 0/ ELECTOR Of HANOVER. it is nocv that the objet of his Mission-is to ask in , arrinpe, for PRINCE ADOLPHUS of England, one the Gland ibutehesies, Sister of the EMPEROR of RLSSIA ; and as this Prince is to reside in, and go .4u the Eleetorate of - Hanover, it was thought paper that- thiS Mission should be _entrusted to a ' e noverkm Noblentan. ~OP . • ENki AG Vkli Nov. 3.—We had a violent tem ;ls'lt today, which began at eight, A. M. and con tinued till two ) P. M. Much damage has been d ' a ". The Iris Frigate; destined for the West In les) ran ashore ; several other Ships have been da.. a ged in the Harbour. The greatest part of the ''oue, have suffered considerably. ~ • . 3.---- , Since eight this morning, t rlere has b een a m o re . violent storm thin ever tvid - wind, blew all, night and part of corning. Several vessels drove from their anchk.i. •, At eight o'clock in the morning the wind su ddenly chapped round to the N. ur. and `'le tempest raged most dreadfully. ,- Weqtre very tneasy about the ships which sailed yesterday.' Se wereblown out of the" Cattegar. One of tbe 1 70 British Armed Vessels was driver very near 4Coast but -the wind having changed, she got ' and is now in Port. i t ICUXHAV EN, Nov. 4.---:The tempest was so vio. , t 4 t last n i g h t , that the great ferry-boat over- All the'tops of the 'houses . have been much i:laged. At day-break we saw from Altenbruck th.tterdorl ;lee vessels stranded; viz, the Danish 1 / . 1 . 1 ' . grper., which was forced to cut away all her as t ., i s . the Hamburgh ship the Mercury, bound to nun; she has lost her main -mast ) and is full - of T h r : the Captain and two of the crew' are dead. .4ho n a, laden with wine, and destined for 111 ' s r shansand : she is 'full of water, and her main t4 !. cut away. The English ship ~Captain I )e ," 2 R, from Hamburgh, bound' to Hull, has lost 4 s rudder. We cannot learn the name of the fifth to i l'' but , according to all appearances, she seems j a l t'e suffered but little. There is a vessel-in the t a ,„ l '`Tut which has lost two masts. We are very an t. ' the two Etiglish Packets Which.sailed yes ,rd3y. „ , Nov. 4.—w .. e learn from Temerwar, tne Goveror-Generai has given notice, that OQLc)U coils false PuCOW at- Widdix, bearing tic head of jOSP,P H it. ana also Crowns =A twelve Kieutzer • The Et,IPEROk received the French Ambassador, attended by all his Court in fall gala, a ceremonial which was not observed at the pl.,:sentation of the Russian Ambassador ; of this he coMplained. An answer was returned, that the conneCtion between Austria and Russia was too sincere and well esta blished, to require a , presentation in any other than a friendly and familiar. manner., Besides, the French Nation was fond of parade, and as the Chief COnsul had received Count Cos ENTZ IL with mark ed distindion, the Itnperiid Court had judged it proper to observe an equal degree of pomp. IVl..de RA.SUMOVISK I transmitted this answer to Peters_ burgh. Lord 'ST. VINCENT - 11a3 been attended by Dr. Prrcmax, butis so far recovered as to be able to go to his Country Seat at Rochetts, in Essex. There is no idea at present of his retiring from office, his state of health not being such as to render it neces sary. 'e are happy to perceive that the present A& of Parliamerit for 'setting the Assize of Bread in the Metropolis is likely to be repealed. It was intro duced, we believe, by Mr. Alderman SKINNER, we doubt notfrom the best motives in the world ; but we conceive its only consequence has been a golden harvest to Mealmen and Corn,fatiors. The Chapter of the Grand Priory of the Order of, St. John of Jerusalem was to hale met on Mon- day last .at Heitersheitn, in Germany, under the special proteaiun of _the .Emperor ALEXANDER, to proceed to the . eledion of a new Grand Master. In His Majesty's note upon this subject, addressed to his Ministers at Foreign Courts, he expresses his, hope that the choice of _the Knights will fall upon one " who is most ent;tled to esteem from lus rank and pirsonal qualifications ;" but he at the same time-declares " his firm resolution of not re straining, either diredly or indirectly, the freed6m of eledion, and that the strident impartiality shall regulate the protection which he has been pleased to • grant to , the Order." THE Tat 4Titt.--The Comedy, of Kano your 'own Mimi, which is far abOve the'general produc tions of the modern dratila, was tolerably well at tended last night at Drury-lane Theatre, consider ing that ..no very powerful attraction was held forth by the Performers concerned in it. 'The Piece s is not disgraced by the eXtravagance, and the pitiful equivogues which constitute the Wit of the present day. The charaders are not strained beyond the limits of, probability, and are well 'diversified.— BAIULTMORE, 'though a respedable'aCtor, does not rise to the , height of the qualities attributed •to /lid/amour, and which render .birn the desirable prize of contending beauties. BAN.N IST ER'S Das7.l.‘ 'would had spirit and pleasantry, but wanted the sarcastic point, ,in manner, which might be expeeted from a character intended as a dramatic portrait of SAM FOOTE. Coy ENT-GARDE N.---The usual attradion attend ed The Duenna last night-at this Theatre. Mrs. BILLINGTUN drew. forth all her powers, and ex cited warm , and repeated applause. The Performers in general were improved in their efforts, and seem ed to be animated by a spirit of einulation.which will, perhaps, give the Piece an additional attiac.. tion, in affording public curiosity ample scope for a comparison of their tespeaive merits. The School for Scandal is so good a Comedy, that it would not decline so much in its attraction, if it were brought .forward with the strength of the ,Company. KE MB LE‘ should take the part of Joseph Surface; which he would play admirably, and 13Aiv.. RY MOR E should resume the ,charader of Careless. — With very few exceptions, though ~this Comedy was written by the Proprietor. of the Theatre, it is more Indifferently supported than most representa tions ax that place. , We :are happy to find, that Mr. SFIERIDAN'S private concerns do not so wholly absorb him, that he cannot pay his usual attention to those of the Public. He haS pledged himself to Sir FRANCIS BO RD ETT, to support his Motion whenever it shall come c.u. Amang the' Law Expences which contributed to invAlve . Drury Lane Theatre in a state of embar rr.ssmcnt, it is said, that the measures for suppress ing the representation of Plays, at the Royalty Theatre,. cost• no leSs than 17001. Ex.r . k oaDINARY piece of water at Then - ovine Royal, :Yorkshire, which had been ordered to be filled up, and for which pur pose logs of wood, roots of trees, rubbish, &c. had been thrown into it, lately being found use ful, it was ordered to be cleared out. After the Bond was thought to be quite free; under some roots, there seemed to be some animal, which was conceived to be an otter ; the place was 'surrounded, aid on opening an entrance among -the roots, a tench was found of most extraordinay form, having literally assumed the shape of the'hOle, in which he 'had of course, for` many years been confined. His 'form was an irregular semicircle ; his length, froth fork to eye, . Was'two. Eet nine inches ; his circumference, to almost the tail, was two feet three inches ; his weight, .4slb. 94 -oz. his colour was also singular, as his belly was the colour of a char,. or a•vermillion. It was carefully put into a ‘ pond; but either from confinement, or age, or bulk, it only floated, and with difficulty, at last, swam gently away. It is now alive/and well. The Margaret, of Anstruther, White, from Got tenburgh to Leith, with. iron and deals, and Pro vidence, Meal!, from Bremen to Leith, with corn and goods, arc; both put into Yarmouth in distress. After the ferocious battle between Belcher amid Burke, on Wednesday, two other fellows,. named Caleb Baldwin and Lee (a, butcher), ascended the stage, and fought several rounds without any mate rial advantage being gained on either side ; but the Butcher receiving a knock-down blow in the fist round,. NvA compelled to give in, after a contest of twenty-three minutes, including 21 very desperate fought rounds. Belcher having beaten Burke, challenged Men doza,' and offered to fight him in a month fur 300 to 200 guineas ; but Mendoza repliedi that he had xeli i ngutshed the trade of fighting. • COURT OF KING' BENCH ; Nov. Mr. ScAßit - ri moved for leaVe to file a Cri rninal Information against William Withrington and several others, upon an alledged Conspiracy to pass Mr. Withri►igton upon the Tenants of a veiy large estate. in the North of England,' as heir at law of the late Lord Nkithrington; with a• view, as it was supposed, of obtaining half a year's rent of them all, 4c. The - AffidaVit upon which this Mo tion was made, stated a variety of curious parti culars, the time for disclosing of which; will be on shewing Cause upon the Rule, which the Court granted. YA.TE Kl. WILLAN. This was an Aaion brought to recover the value of a trunk and some articles contained in it, the property of the Plaintiff. The value was 201. The Plairitiff took a place at the Green Man and Still, by the Mail-coach to Oxford. There was no room for his trunk, and therefore he left it behind him to he sent the next day—it was lost, the Aaion was therefore brought for the value of the trunk, against the Defendant who is proprietor of the coach. The substance of the Declaration was, that the Defendant undertook to convey this trunk as a ,Carrier and deliver it, and that he did not, &c. whereby a loss accrued - ta the Plaintiff of the value of the trunk, &c. The ,Defendant paid 51. into Court, and relied upon the' custom which is now . established, that he was not accountable for this trunk nor any thing it contained beyond the value of 51. and gave evidence of a board being stuck up in the coach. .office signifying ,that no parcels of above the value of 51. would be accounted for, unless entered and paidfor.accordingly, which this was not. TAle Learned Judge at the trial thought, the pay °ment bf money into Court, precluded the Defend.. ant from availing himself of this custom; and a Verdi& was .given for the Plaintiff, damages 191. deduaing the 51. paid into Court. • A Motion was made for a new trial, and it was ably supported' by Mr. Serjeant Wti.LlANts, Mr, MANLY, and Mr. BEDFORD, and ably contested by Mr. Mr lAA, and Cases vere quoted in support of their arguments by the Learned Counsel, after which • Lord KENYON said, " Wherever there happens by a trick in the Proceedings, that, the rule OE jus tice has been eluded, 1 am always sorry ; but we can only look into the Record and see how it is the Parties have fashioned their Case, and sent it to us, arid we must, upon such Case, so fashioned, administer Justice according to the rules of, Law ; and to be sure, this Case in principle and in prece dent, is as clear as the sun. It is indeed impossible to raise a doubt upon it, and I hope, by what I say, to make it, ,in a few words, as cleat to others as I feel it to myself, and which I shall do if I 'can convey ideas as clearly as I conceive them Ifsay if I can convey them as clearly as I conceive them to be, for sometimes I have not done so, I am very well aware of that. Here the Party comes into Court, and in his Declaration ht states, , for-, that is the form, the several demands he has upon the De fendant. Such, he says, I state my demands. I complain of the Defendant, and I come to you and call on you to administer Justice to. me. The 'Defendant comes into Court and says, True it is, yoti have a demand according to the first count, and second count, and third count in your Declara tion, but admitting the demand which you have stated, the damages you are to recover amount only to 51. Well, the Cause 'comes down for trial ; what do we look to The dispute between the PartieS-=whether the damages arc above 51. or not ? If the Defendant's defence had been, that ,the claim never . existed, nothing is more obviously clear than that the Plaintiff must prove it. But instead of denying the existence of the demand, which he might have done by - pleading the general issue, the Defendant says to the Plaintiff, by his proceeding here, You have a demand springin4 out of a contraa, but its amount is only 51.,; what 1 is the question then between these Parties upon this statement made by them ? Why, • the question is then, i question on the quantum,' and on the quantum only, and can be no other. In this Case the Plaintiff comes by his first count, and says to the Defendant you have undertaken to carry my goods —the goods are lost-41e law, in its result, says that you' must make me satisfadion to the extent of the value of such goods. My Brother WILL lAMS (who has argued the Case extremely, ably, as have other Gentlemen) says in answer to the Plaintiff, You have no Ll,mnand on this count; for there was a special agreement' by which you have no such demand upon the Defendant, but by which another demand exists. The Defendant is not bound to pay in the relation of a Common Car rier, but is bound only to pay 51. whatever may be the value, of the goods. To this the answer is most obvious. If the general issue had been pleaded, and• this proved to be the agreement, the Plaintiff would have been non suited; but by paying money into Court, the'Defeudant admits the existence. of the demand, and nothing can be in issue but the amount of it. I do not, know that talking upon such ,a Case can make it clearer than it is already ; this question T eally, - as it appears to ine, is one which has been at rest for many and many years .before I was born, I believe." Mr, Justice 'GROSE said, " it was too late to say now that money- paid into Court, was an adonis.: sion on only.one count. Here was a general under taking to carry the goOds without any limitation, unfettered by any agreement : as stated in the De-. claration, the Defendant indeed said otherwise, but, that did not appear on the Proceedings upon Re cord. The undertaking„upon the face of the Declara , aion ; was an unfettered and unlimitted undertaking, the Defendant, indeed, said otherwise by his Coun. cil ; but that was direaly• contrary to his own ad mission ; and this was' his own fault; ; it was his .. own fault that he Was in this scrape; for, by look ' ing at the Declaration, he might have found - that it Was not adapted to the case as he now states it, and ' if he had pleaded the general Issue, and proved that case,' the "Plaintiff must have been nun suited," Mr: Justice LAWRENCE Rid; the AdMission here was the paynient tif-rntiney into Cotiti.....Tliat the Defendant ctmtraEted with' the Plaintiff in the mannef stated in the Declaration. It was — there stated, that the Defendant had undettaken - to carry and deliver to the Plaintiff certain goods; t'vhieti were not delivered ;by reason of - the non-perform: ance of which 'contra&, the Plaintiff had sustained damage ; which damage was beyond the value di the , O.' which the Defendant had paid into. Court ; now - that such a question was a mere question of quantum 'of damages, appeared by all the cases that had been decided, and particularly by the Case .of Defendant and *asßarry: It indeed true, that the' should not,. by paying money into Court, be said to C admit the ontra& to be as laid in the Declaration; if, the Contra& itself was illegal; that the party could not do, because no adatission was binding in. a, Contra& that was illegal. It was said, that it the - Defendant had not paid money into Court, hewould 'have been bound to pay the - five pounds, which he admitted to be due. This the Learned , Judge did notairee to, because, if Plaimiif had stated the Contra& otherwise than it was, he would not have recovered a sixpence. There was a case to this effea, one that was tried befoFe him at Shrewsbury ;, he did not, know' that.it was in point ; the name of it was Pigor and Dunn, it was a . case similar" to this, where it was contended, that the Defendant ought to have paid the Sl. - into CourtA but the Court was of opinion, that the 51. ought not to have been paid into Court. Mr. justice LE BLANG said, that in the present case, ,the Plaintiff declared upon.a Special Contra& The evidence given by the Defendant, went to vary that Contract, by'saying. that he was liable only to a certain extent. The money paid into Court ad mitted the Contraa, as it was laid, and the only question was, what the amount was, upon that ad mission. If the money had. not been paid into Court, the evidence on the part of the Defendant, would have nonsuited the Plairit(ff: 7 -,and why would it have n-onsuited the Plaintiff? Because it would have proved the Contraft not to be that which was, stated in the Declaration. . • Rule discharged. LANDLORD AND TENANT. In the discussion of a case• wher6 the question *as Upon the validity and . cited of a Notice from a Laddlbrd to a Tenant to quit; &c., on the'penalty of paying double Rent. .the bye, an inaccurate niode of expression; for the Statute. op which this Noticeois founded, says, dou'ble the value of the Land."] Lord KENYON said; that in a case from Chester, Wherein he was .Counsel; he remembered Lo'rd MANSYI EL D saying, that it was not optional in the Tenant, whether he' 'should quit; or pay double but it was optional in the Landlord whethei he would receive the double Rent, 'Or, compel the Tenant to quit; at the expiraticin of the Notice, THURSDAY, NOV. 26 THE RING V. HOSIER: - There were two Criminal InfOrmatidiis against the Defendant, James Hosier; Esq. .whO was Capes tarn of a Military Company,, stationed, in September tfiot, at•Bricignorth--one for provoking Grey Ed.: ward-Bolton, to fight a Driel:--- - -the other for libel lous :Publieations; - in the way of Letters to some Ladies of the fattily of Mr. Bolton. • There was no Detence,and the Defendant was found guilt)' which he was afterwards arrested, and kept pri:;on far five ,nionths in Gloucester -Gaol * Mr. Mt LL ts spoke in mitigation of punishment, and Mr. Eitsitirli addressed the,COUrt on the part of the Prosecution ; after which, . , Mr. Justice GRosE said. tne Lietenoant,— " The offences of which you, have been fotindguil tyi are very serious, and, tinder certain *cum. stances; ought to be punished with severity. YOLT are found guilty of publishing a Libel, on a Lady of good eharaeier : this is . rt great offence that , offence you have added another ; that of a Challenge to a Gentleman to Vit a. Duel. Neither of these can possibly be permitted in civil society. At the same time, the Colart in measuring out punishment, must in justice s attend to what the party has al ready suffered.-i-We do take notice of the quantity of punishment you have already undergone ; and considering all the circumstances of this case, upon the whole Y them;, do order and adjudge, that for each of these offences, you pay to the King a fine of 6s. Bd. : that you do enter into a. Recognizance in tool; to keep the peace for two years, and that you be further 'imprisoned until such fine be paid, and security given, &c." • , • HABEAS CORPUS • Mr. Jkkvi.i. moved for a Writ of //abetis Cor pus . to be directed to the Keeper of the common Jail for the County ofSonzerSet, commanding him to bring. up the body of James Ark, to be hailed. He stated, that James Ash stood charged for" a rape; if the Court should grant him this Writ, he said he should also ,move for a certiorari ro remove the proceedings before the Magistrate on this subje&_. • • This appli cation he made upon two aflicfavits. - The one that of the Prisoner, who denied ; in aired terms, the offence charged. It admitted that an . improper in tercourse had taken place between the Prisoner and the Prosecutrix, oa a promise Made by him to her of a sum of money for her compliance. That some days elapsed before the charge Was made : and a Mr. Jones, who knew the' Prisoner for many years to be a man of a fair - chara&er and substance in the neighbourhood. That he Mr: Jones having heard, of the rumour; asked the Prosecutrix, how she .tame to spread such a calumny avihst Mr. Ash ? She said ; that Mr. Ash was a person against'whom she had no . complaint Whatever to make. That several days afterwards ; Mr. Jones ; to bis astonish. meat ; had a warrant delivered to him in his capa city as of the Hundred, to apprehend Mr. Ash ; which he was obliged to do accordingly, and to take him into custody. -"I - hat he was cominitted to the County Jail of Somerset; and had continued there ever since. This was in Septembd last. The person with whom the Prosecutrix: cohabited +@- ~'y e It Iw