The Sun. — London, England, 1801-02-06 00:00:00

LAW REPORT. COURT OrKING's BENCH, Fzs. I. YANDYKE V. WHITMORE. This was an Anion on two Policies of Insur ance, both dated the 17th of March, 1798, at and from London io Rotterdam or Amsterdam, • lite. One of these Policies was on one hundred and thirty-seven boxes of Sugar, that were put on board a Prussian ship, and which arrived safe at the port of her destination, and therefore there was no dispute as to her cargo'i The other Po licy was on a quantity of sugar, a large quantity of coffee, and thirty casks of tobacco, which were • • put on board *another Prussian ship, called the Lydia, and which, in the course of her %Ty_ age, was captured by a French Privateer ; and the question was, whether the Plaintiffs were, under the circumstances of the present case, entitled to recover ? The Jury found a Ver -did for the Plaintiffs, subject to the opinion of the Court, on the following case—The Ship -Lydia intending to sail for Calais,, the Plaintiffs - obtained an Order of Council to ship on board thirty casks of tobacco for that Port, in the month of December, 1797. On the 23d of December, an entry was made at the CustOm-House, an oath taken, and a bond entered into, agreeably to the .Aft of the present King, that the tobacco should • ,be exported to the ports or places therein speci fied, and to no other. That after these goods were put on board the ship, the Parties concern ed learning (though this was not stated in the .ease),. that the tobacco could not be carried di eettlY from London to Calais without confisca_ lion, ordered the Ship to sail for the United Pro winces, and she was captured in the course of her voyage," The case was argued (the second time) with very great abilities, by Mr. G I nas for the Ylaintiffs,and by Mr. Rous for the Defendants. Mr. GIRDS observed, that there were three .objeftions which •his .Learned Friend Mr. Kr It, (who argued this case the first time with great in- enuity, on the part of the Defendants, as Mx. I IL ES did for the Plaintiffs), took to the Plain. of tiffs recovering. Ist, That by the Common :Law 'of this Land, the Plaintiffs being Subjetts of this Country, could not trade with the Sub jeds of Holland, who were then at war with us. 'That was -admitted by the Counsel ; but he said, that objection was no sooner stated than it was I 'answered from the fads of this case, namely, • that this trading.had taken place under a License 'from the King, which, in - consequence of his Sprerogative, he was- able to grant to any of his - objetts. Another objection stated by his inge nious Friend, on the first argument was, that ;that License, whatever circa it might have had • when granted, ceased to have any effed by the 18th Geo. 111. e. zB, which had passed some days before these goods were shipped. In answer ~to that, the Counsel direded the attention of the :Court to the sth Seflion of that Ad, to shew that thecrovisions of it were not to extend . to any s exported in consequence of a license from the King. The next objection was, on -the thirty casks of tobacco. .His Learned Friend had contended, that after the Parties had con. traded, agreeably to. the Aft of Parliament, that this tobacco.should be exported to Calais— after they had taken an oath, and-given a bond in -double the sum, that it should be exported to that place, and no where elseohe ship afterwards sailed with it for the United Provinces. ' This was an illegal voyage, and therefore no valid insurance could be effected upon it ; and the ground on which his Friend supported that argument, arose ' on' the:29th of -Geo, c. 68, sec. 4.0. In . answer to that objection, the Counsel contended, that the only dila of not sailing to Calais, as was ,certainly originally intended, was the forfeiture of the bond. That was the .extreme aid of 'not going to that port, and it by no means ten .dered the voyage illegal, or the insurance invalid. Not Withstanding, therefore, these °Nations, he contended,. .1 st, the Plaintiffs were entitled to re. • cover the value of .the whole cargo ; or, 2cily, if the objedions had any weight, they could only extend to the tobacco. Mr. Rous said, his objections to the Plaintiffs recovering .he hoped would appear to the Court to ise very sufficient. It had been admitted. to 'him by his Learned Friend, that if, tht voyage was illegal, the Plaintiff's could not recover. , The priticiple on which that rested was'univergal, and founded on the nature and charader.of Coats of Justice, whose province it was to enforce the oh servance of 'the Laws, and not that which was in lcontravention of it. His objection was this, that by the, Common Law and several Statutes, trad ing with • an' Enemy was illegal, subject to the power of the Crown to license that trade. He said the party must bring himself within that li. cense, and he contended, that in this case the party had not observed the terms and conditions of that license, and therefore could derive no benefit from -it.: He was authorized by a clause in the 34th Geo. 111. c. 79, sec.. 30, to saY that the Plaintiffs must • not only observe the terms and conditions under • ,which that • license' was granted ; but if any proceeding, civil or criminal, were instituted • in a Court of Justice, it was incumbent upon them to prove that compliance. He cortended, they had done neither the one or the other, and there fore could derive no benefit from the license, and of course the voyage must be illegal. The Learn ed Counsel illustrated and enforced this argument with great abilities. After an able reply from Mr. - G1 has', the Loan CH lEY Jusil c t observed, among • .other thins, that he could not say , less of the Counse l on both - - sides,. than that they had done great justice to their Clients': - '" The argu . ment seemed now to be delivered from all time points except this. Every body now seemed to acquiesce in the proposition that trading with 'an enemy was illegal, and the question therefore -was very properly narrowed. It was admitted also, and it had been most ably argued by Sir LONDON : Printed by At the Svt4.oFiti:t, N John Nicols, in his argument of 13e11 v. Potts, that trade might be carried - orrwitb enem): consequence of a license from they King—that it was one of the Royal Prerogatives : to make Peace or War ; and 'if His Majesty could 'mike Peace between an hostile 'Nation and 'the whole Com munity, he could make Peace between that Na lion and a single Individual, so as to enable him to carry on Trade with an hostile Nation, though not to depart from his general Allegiance. But since the dispensing power (as it was called) was put an end to at the Revolution, every License of the King was limitted by this, that it must not interfere with any positive Law. • What the Court, therefore, had to do in this Case was, to see what extent the License went; whether the Terms and Conditions of it had been complied with, and whether there had been tfie breaCh of any positive Law, which 'the King's License could not dispense with, The case seemed to be overwhelmed with some confusion at present, which the Court must endeavour to get rid of by a little attention. The Court will take time to consider of their Judgment. THURSDAY, FEB. 5. Mr. ERSKINE moved for leave to file a Crimi nal Information against Thomas Thomas, Esq. upon an affidavit which imputed, he. would not say a neglect, but a total abandonment, of his duty,, and that at a period when every motive and principle ought to have stimulated him to a great exertion of it. The detail of the affidavit he should not trouble the Court with ; but it laid before their Lordships A scene of dangerous riot of Miners in Glainorganshire, and not only of riot, but also Of violence and plunder. They made a scale for the Price of Provisions, and, by force and, threats, compelled the Owners of them to sign this list of the price which they had thus made. , The affidavits also disclosed the details of other very great vioiences and disturbances, and breach of the .public peace ;, such as were not only disgraceful to the authority of the Law, but also highly injurious to the interests of the Poor, who could never be worse served than by at tempts .to better their condition by violence and outrage. A Person of the name of Humphreys (we think he said), who was a Magistrate in the Distri& where these proceedings took place, had taken ,the examination of some of these persons, many in number, and who were about ,to he sent to gaol, and the place would have been full of them, so many were taken into custody., In this situation, Mr. Humphreys sent to Mr. - Thomas Thomas, who lived about .ten miles off, kequir. ing his attendance and assistance on this Occa sion, for he was a Magistrate : he came the next day, and aelually gave his .assistance in his cha racier of Magistrate. This was on the' z4th September ; but after having remained there fur a day, 'lending' his assistance to his brother Ma gistrate, and while there was still a riot ex treinely dangerous and alarming from the neigh bouring District, 'Mr. 'Thomas mid cniy left the Town, without giving any notice to his bro ther Magistrate; so that for want of his assist. ance, many of the,Rioters escaped, and the Ma gistrate was extremely endangered. , Under-such -circumstances, Mr. ERSKINE said, be hoped the Court would be of opinion that this MagiSrpte was extremely criminal in this case ; for although a Magistrate might have learning and many other requisites, yet if he,did not, in times. like the present, add fortitude to his other virtues, he was unfit for that station. . Lord KENYON asked, whether the Magistrate had been served with notice of this Motion ? for that was necessary before it could•be made against a Magistrate upon any complaint in his official charatier. Mr. ERSK INE said, he understood that this Gentleman had been served with this notice; 'if nor, the Rule should not be drawn up. Mr. BEVAN said, that it appeared on the Mo tion of Mr. ERSK I NE ) that this happened in the month of September last, since which the whole of one Term had elapsed, and a great part of the other, and if this Rule was granted, this charge would hang over this Gentleman's head for the whole summer, which was a great grievance, especially when it was recollefted that no reason was assigned why this application was not made sooner. Mr. ERSKINE said, that the time at which the Court had limitted _these applications, was that, of two 'Perms. Lord XI NY ON said, that these were matters of great importance, in which the public peace 01 ° the Country was extremely embarked. He re membered the case of the late Mr. Alderman KEN_ NET S who.was Lord-Mayor of the City of Lon don, in a time of riots in 1780, and who had de dined to exercise his authority ; and this was at a time when .•he Magistrate might have been thought to be in immediate and personal danger ; yet the then ATTORNEY-GENERAL, the late Mr. WA L LAC E, filed an Information, rx-oficio, upon which this Gentliman was conviled, but it.had been thought not, necessary to ,proceed any fur ther. It had been often thought sufficient to in timate to Magistrates, that they should not tic. glen their duty.---Sometimes, he was- sorry to add, that sort of mildness and favour to delin quent parties, had not been received with the feelings with which it ought to be received. His Lordship added, that he believed the GAM must grant this' Rule. As to the application coming too late, the rule was, not to let an Assize pass withoUt making the application. He believed this point was, settled in the time 4.l.orc,l,R e ki- MOND. Rule to spew cause granted. THE KING The Defendant came into Court - for the purp,e DI receiving its judginent on the conviCtion 10; forestalling Hopi, with intent to enhance die pric6 in the County of Beni: . Lord KENYON reported the trial, which took plitee &foie his Lordship and a Special Jury, at the Sittings after the last Term, fOr the County of Middlesex. Mr. Lnw, Mr. BOND, Mr. DAUNCY, Mr. CLIFFORD, and. Mr. P.. EAU', addressed • the Court in behalf of the Defendant, and submitted, that he ought to have only a nominal plltiiSil'lllolll. Mr. CLIFFORD assured the Court that Mi. -Wad dington was determined to take the sense of the House of Lords on this case: Mr. Waddington addressed the Bench aho, in a speech of considerable length, in which he justi fied his condutt in the purchase of Hops, and maintained that the Prosecution of him was a po pular error, &c. ;—and that . the praetice would continue even though the Court should Send him beyond' the Seas. . Mr..ERSKINE, Mr. GARROW, Mr. GUM, and Mr. SCOTT, addressed the Court for the pro secution ; after which it was. ordered that the Defendant be brought up on WFdnesday next. LET ITI A FLETCHER, a young Lady . , brought up by Habeas Ciirpus, appeared in Court.' It appeared that the writ which kid been direEted to. her two brothers and another pers'on, conituand.:l log them to produce her, was. returned by Mem: in two ways; one return statedler being taken. by them, away from Landon, order that she might not be under the dominion of those•who, were likely to ruin her, and that she had been since in the country, perfealy at liberty, and that she had not, from that hour to this, been under any restraint whatever. Tile other return stated all the special circumstances of the case, but the Court did not think it necessary to hear them. Lord KENYON asked the young Lady where she had been since she was taken away from Lon don ? She answered, and said with whom ? 'Whe ther she bad .been perfeftly at liberty to go where she chased ? - She said she was, and that no restraint had been put upon her ; where she wished now to go ? she said, back again to her brothers ; she was allowed to go accordingly. Mr. PERCIVAL then moved, that the person who had caused this writ to issue, might answer the matters of the affidavit, charging them with a Conspiracy. . Rule to slim c.'m granted. COURT OF EXCIIEQUER CHAMBER. CRAWFORD 1.). LIJCINA. • This .was an Action : brought by the Honour able .Dutch‘ Commissioners; against the Vrider- Writers, on a Polley of insurance op eight, Dutch Ships and their cargoes, at and from St..lielOna to London. FoUr of them were" losl, and . the . amount of the loss claiMed was ¢o per, cent, This case was tried ,at Guildhall, before Lord Chief J usiiee KE Ny ON, under whose .direclion the Gentlemen of the jury found.a . .Yerdia for the Plaintiffs.----The. Counsel for the Defendant ten dered to the Noble Judge a Bill of• Exceptions ; and to-day this case. was argued a second time. There were several. points in the case, but the principal luestion, on which .there was a very uncommon display of abilities by the Counsel on both sides, was, Whether the Vonourable-Coin missioners had an instireible' Interest . 'at die'lime the'Polity was laird P. The argument occupied upwards of four hours. The reply of the*Coan sel on the part of the Plaintiff's in error, and judg ment:of the Court, were postponed to a future day. Saturday at the Adjourned Sessions at Guild hall, a porter, named Evans, was conirkte4, of tescuing a Soldier apprehended on a ehate of felony, and was sentenced to .a• year's imprison. ,mend. in Newgatc. Mr. Talbot, of Tower.bill, on Friday night about ten o'clock, on his return home from Clap ham, was stopped near Kennington. Common by two footpads, whO, after robbing him of three guineas and his Watch, beat him pevercly on the legs with their bludgeons, in order to prevent his pursuing them, and escaped across the Comnion. A Public-how at Bartlaw, in Cambridgeshire, was some nights since robbed of property to a large amount. The thieves were apprehended in consequence O A Shoemaker having seen the mark of the foot of one of them, and examining closely the impression of the shoe, declared it to have been .made by him for a man at Thaxted ; and on going to the place, part of the property was found. No. 26, Cornhill, London ; also at Liverpool and Exeter.-- 7 -Pigot-Piamond 'rickets are selling, at Two, Guindas each, by 1-loaNsny and Co. The Prize is valued at 30,0001. and is to be de. terp)ined by the Drawing of, the present English Lottery.—lt will be the First.drawn Ticket of the Numbers from Ito 11,428, inclusive. The Only Diamonds that ever were disposed of by Lottery were sold by 1-10)$14bnv and Co. in the year 177+, at their Old Established State Lot. tery Office. HoRNsnY and Co. beg leave to re_ commend an early purchase, on 'account of the very trifling number they have for sale. For the•ltheumatisms .and Colds which ptevair at this sea§onpf the year, no Medicine is so salt) and efficacious as Dr. JAMPs's ANALLPt-lc PILLq —Their peculiar tendsney to , promote perspira tion,. And all the 'natural secretions, •svitt account for. their singular virtues in these CompLints,.as well as'ln many. othe r s to which the human frame, is liable from the vicissitudes of ',Our Climate.- - They, are admirably calculated, (or . ..disorders of the Stilwell and. Bowels, for personsof a Bilious or a Goury habit, .as also for those whose con ktitutions bare been affeleal by a too'adive or too sedentary life. They are likewise particu. ' larly serviceable in Ilead.ichs occasioned by in, digestion; and. irr...- teaming. the bad effeEts of free living ; a s•• also in tire.o;nting Palsies and Apoplexies, fi so often-the : cons'equenq, 9fireem- ,• peranCe.... Recourse .should be had to ther•d,after every excess of4ating 'or drinking, and upon every slight indiiposition ; and thus their well knowiti cbasaoeristic of promoting longevitlf will be maintained ; 'for, by assisting Nature in the due discharge of the ,a . n . imal funttions, and by keeping the constitution. ti it were in continual repair, theyi-prZiefyeithe body in health and vi. gout, and prevent premature . decay. .Ai-ihe'Aiihliptie Pills ,Owe their excellence to a peculiar preparation, which has •never been di vulge4.by:thf Inventor but tcl the present Pro. vrictoFs, they can only bt . had genuine. from • th;in a -lind they arc . ' told by i't:tiv6is Ne'wlJety,' 5? ti Warehouse for Dr. Tait esi's Powder, N 0.4, the:gastlnd qlSr. Paul'4,"%ke . yv . doors li.oip c.-.4ea t , sitte, • i L!?ppn-i . and• at pr. : lernss's late house in lrfueqn-st 4f.; tif SO xe,. price ,V.' 6:1. each, itiAp . inciiina: f;_or . thp ciil4titity . .d . •i4ix maybe 'lO in oni.laree 'box; for .; !F.' zi. 6d'. • Observe -tinit • the name: I,- le.'Nev)ery, No. .1.5-, 'St. - PatiPsi" is rraved in• - thC stanipsi • All others are 'dm. . - . ter cats . .. . . •• . • • : ...• • . • • '... . • AMRRIED. . -Qn.Wednegiay., arbor Ludy:41111) 1 s howe in Gloucester.. phirre4itieftlitii-Ehn'.l.aily Antic' Lan - ilium, to the Roo. Charles Wyndham, brother to the-Earl of lip-moot ( • • On Wednesday last, at his . house in John-street.. Bed. forel-roivi Le Coy, Esq.• - On Tuesday the 23d tar. at Liverpool, Tho.. MaS Riley, Esq. lete of St. ann-,'-b,, in the, 131an4 maica; Lately, at Bath, sincerely - rekretted. by all who had the {pleasure .of her acquaituancei:Mis.s D'Alton, a -young Lady; who by the aul - tif d supetier and cultivated mind, bore with firmness and' attitude, • the pains of a long :And severaillness. . At POrtjtoy.al, jarnaica e , on hoard.His'Majesty , s Ship Seine, Lieutenant Colin Mackenzie, of the Royal Navy, secant' son of the late Iludor Mackenzie, _Esq. of Din‘. wall, North Britain. On Saturdav, at St. Alban's, Ilerts, after a short illness, Mrs. Hester Puullion, widow cif the late Mr. john;Lewis . Portthan, of Mark-lane. Same day, W, Markham, Esq. brother to the Arth.. - bish9p of York. • • On Sunda morning, in Great Georgc-street, Westmin— ster, G . B. Brudenell, Esq. Same lav, at Brighton, aged is years, the eldest son of Mr. John banvcrs, of flornsey. PR ICE . 0 . 1 1' STOCKS, YES I 11,,,k sod; ip,a Navy t perCermgoi I} Rsi S per Cent. 1797 911 2 I riiivs per Cent... 47 4 per Ceni. 4 eh:a. 76i 6 3 per Cent. [tell. 3 per tent. Con. s6ali 58 Ditto Scrip Ibnk Long Ann e . 17 5.16,} Ditieburt Uit Sciif) ?JR. D A . India Stock IS6I f. Ditto Bonds Exchequer Hills New ditto Lottery Tickets Ontnium Impel.. 3. per-Cent. 561) Ditto Ann: tfl i tli ' Hank for Actiount rutia. for 4t.to •• • .(;965.' foftr Ai a Family Book for ' Those who iltiVe little lekure (8r reading, or who have children tor whose mental Uri.• provement they are alvtioub,;theContpmplative Philoso— pher may be very :acceptable. "Ifeadfers of a maturer age may well bestow their time in a petuaal of it. The , 74 display considerahleickiing e .a cxitivated urler— `B Aida good heart.---Monthly Rev, forjan. iSe - This. Day was .publtstted,; In Two large. Volumes ratripi . Price gs: inboards, and 9s. bound, embellished \'k? FronllSpidc4, designed by Stothard, and engraved by Baker, . .MHECOWIEMPLATIVE PHILOSOPHER: A. •ut, Short ,'Essays on slur Various Objects cif Noma Ahrotigtoilt 'the .Year; with Poetical . I tiustrations . add Moral Refledions on each Subjelat Printed for Gi k G. aid J. Rottiuson, P. and C. Riving. toe; -V773 Bent, L'Ongftiaettiitl . Rees, and J . _ EXTRACT figOti TIM BATH CHRONICLE. • • • • July 3, ;goo. .PERSON„,gflifted with the Evil,. who had lA. eight wiiiirids in her neck, and was entirely blind for seven months, during part of which time she was art Ookpatient.of the Bristol Infirmary, and had the Advice 4oftetet2l•Crament•Gentlemen ofithe Faculty; but Without 'ffeel:, has received a:Ctire,by the uie,dr r s a vales TENT AN:rtscoltaurte Dltors. - -Prom the natureof ter employment shels under the necessity c)f withholding_hee name; but Mr. Crut well (to whom the Case is known) %rill refer any inquirer ro the pvr . son cured. The above Drops may be taut the Dispensary, No. is. Soho-square, in, bottles of ss. and each, t h e ss. Mottles are marked " Frs. Spilsbury—his Aritiscorbutic: Drops—by thp King's patent," and the !arm the King' s Arms, and sold by the tOltowing Venders 'in London a 4-- F. Newhery, Dicey and Co. Wye, Wray, Howard and Evans, Barclay, and Son, Mrs.- E. Mivvbery, Bolton, Bay ley a nd Co. lebottit . and Co. 'Nitre; Wade, Swiney, Ward, Pidding, and.Debrett t in the Borough' only by ,Clark, :No. 269, and Shaw, No. 74. • CONSUMPTIVE COMIILAINTS, ARE generally occasioned by the Stagnation of the Blood In the Ltitigi, till it is converted into purulent matter; . this may be owing to nervous, bilious, asthmatic, or dropsical complaints, excess of 14dinous indulgencies, leading a too studious,• 6ftrentiry life ;= heat of climate, hard drinking, immoderate use of merturials, tea, coffee, or other watery liquids ; ib may be owing to a cold caught by damp beds or damp houses; chlorosis' of green sickness ; excess of griefor pleashre ; debility of the fibres of the varora an ulcer the liver, net Ica of eft tomary exercises, & e . &c. The CORDIAL BALM. of GILEAD is calculated to restore a broken and decayed constitution to its pristine health and vigour. To be had at Half-a-Guinea; or 51. Cases with twelve, at Mr. Mathews, No. 18,• Strand, London, the only Ware house,for Dr: Solomon's Cordial Bairn of Gilead, No. 7, Exchange -court, Dublin,_ and in Bath, bypazard ; Bra m!, Sheppard -, Brighton, Gregory ; Birmingham, Swin 'ney ; Bedford:, Smith Blandtiard, Simmons ; Bury St. Edmund's, Dingle ; Cheltenham, Hirward ; Cambridge, Hodgson; Coventry, Rellason ; Colchester, keymor ; Canterbury, Simmons; Carlisle, jollie ; Chatham, E tlicrington; C hel msford, Claehar ; Chester, Fletcher, Poole and Son ; Chichestqr, Philipsoti ; Cliencest: r, Ste phens; Chippenh•on, Combs; Dublin, N 0.7, Exchange court, Davison; Derby, Drury ; Durham, Pennington ; Dover, Nettles; Deviies, Broughton ; Dorchester, Crut well ; Deal, : Rose ; Dartmouth, Jackson ; Edinburgh, Smith ; Exeter, Trewman and Son ; Falmouth, Gloucester, Raikes ; Glasgow, Gosport, Harding ; Hull, ReIVVSOII ; Middleditch ; Isle of Wight, Al bi n; Kendal', Branthwaite.; Liverpool, Merritt and- Wright ; Lancaster, ~ Walmsley 1. Leeds, Barns ; Lirictiln, Drury ; Lynti; Headlev.; , Le ices ter, (krcgory Swinten ; Lewes, Lee - Manchester, Lyttchs; gargate', Rowe ; , Maidstone 'Blake ,• horbitgli, Harold ;, Newbury, Fuller ; ker ,• Northampton, Edge; Nottingham, Burhage; Vor wich, Stevenson,. and Cipnpanv ; • Oxford, tones ; Ply mouth, RiChards ; Portsmouth, Belarn ; Preston,, Ser gent i Reading, Smart and. Co. ; Shrewsbitry, Wood ; Southampton, Baker.; 'Sraffiini, Smith ; Statnforti, New comb; Sunderland, limy • Salisbury, Collins ; Scarbo rough, Bayley ; Taunton, Poole ; Tunbridge, Cox.; Wells, Eyill ;, Weymouth, Wood ; Windsor, .Blakcney ; Wor cester Tymbi; War Wick, Perry,. %Vmcheittr , Robbins; York , Tesseyman ; 'Yarmouth Dom* And by all the reputable ' Medicine Venders, Booksel lers, &c. in every principal town Jo F.pgland,• Scotland, and America. BUCHANAN NI . AIII.I.AN, (of Bow-Strcet, ('ov , n•-Gapticii) and rublithrd by lours )timics:, (of Cravendluililings, Druir-Laricf: - 0. 1.1 zi Strand ; where Advertimmenti, Order/ fur . the Pater. Lilltri for the Editor v , , Stc, pist be Addressed.