The Sun. — London, England, 1801-12-16 00:00:00

y eota tr. orcier heerril ‘V iris ,t )f Iterba4 14011 fat ilass, rom 0 iment odFs;° red 13st ind Br' deal of fbrole c Aint• nd, 1 the Ie Llarly•t ° E n glish and tt , e rs We e d to d' e ;Are re' o f 1-1011 n sh;P s ' part °I Recei` i ' oin 016 tssea b] fc ( ' k, eoi .1 rd th 14° : ie ( 11 ° s " Ind h as .ed sate Jg b ore re, f is ons a' inp 4 / 5 Ce, hid in the - : inln 5 Co On' in !11S 0 ;ON , Of • be to had f'?' 0 En'''. - )r P as s ice, 3! Ecia " I; ►N 0 1 th re6 irka ble re d cuM- v ie t ' sear c n vete g ig _reli c inerl 311 0 re bCe Pob lic rt. i 3!! LS D • 1i ‘l,ol°l COURT OP COMMON COUNCIL. Court of Common Council was held yesterday it Guildb .11, at which were present eleven Alder. the Sheriffs, and the greater part of the COM. ' lU nerS. The Governors of the Landon Workhouse pre. nted a Bill for raising the sum of iz z t ss. :hich was read a first and second time, and referred th e Committee for letting the City Lands, to fill rthe blanks,-and report the same tb the next Curt bt L.Tiattrion uouncti. The Committee for 'Genetal . Purposes laid before I 'e Court 'a Report in writ ing, for appointing a Lagisttate for the Borough of Southwark—which W as ~ read and agreed to, and the LORD MAYOR I ° /liited to lay the same bttfore the next Court or qldertnem , A Report from the Coal aspd Corn Committee of ;'t elation of Messrs . . GRIITYITHS and HARPER, t ° be Coal-Meters hn Trust for this City, was . t4 d and agreed to ) and they were elefted accord- The Court ) after some little 'debate on the Pre dency of the City Officers ) ordered that the fol ning order be observed and complied with on all relic occasions ) viz. z• Mr. Recorder S. Mr. Comptroller Mr. Chamberlain 6. Mr. Rumenibraucer 3 , Mr. Common Sejean't 7. Mr. So'icitor % Mr. Town Clerk Z. Clerk of the Peace. s The Court then proceeded to the eleetion of a l' l cwn Clerk, and Clerk of the Peace, by she of :rlds instead of ballot, as there was no opposition, A bet Mr. HENRY WoottifoßtE and Mr. SELL were unanimously eiecled. tole reduced LORD MAYOR yesterday ordered the Bread reduced to z !Id, the Quartern-loaf, Which is 'lf an Assize, to commence and take place to "'arrow. t M. OTTO has t ,ken Lady MYNSANY's House in ( "rtman.squarc, at a rent Of 4501. per annum. 4 On Monday last . , about twelve O'clock, were /ied, in the new St. James's Burial-ground ; Tot reN, min-court-Wad, the remains of the Marchioness A Mrs. Btt.LlNG•rdrr made her appearance again l esterday evening ; in the"chatatler or Mandane ; and 'ev.' a very full audience: She went thtough the tilaratler %Vith her usual spitit and fascination; but L il t Audience encoring several of her airs, particu -4 r LY the Very dAcult song of '« The Snklier tir'd 7` war's Alarms," Mrs. Et LLINGTON *as so over by the exertion; that it was with difficulty he remain on the Stage to the conclusion of t s ge Operas and as soon as the curtain dropped; . she ftli into violent fits ) and was obliged to be carried the Stage. It was nearlin how before she re vered. The Proprietors of Covot-Garden Theatre have i e rY liberally givyi Mr. COOKE a week's.ftirlough; tonseyence of which he will perform his 2urite_charaaer of Richard Ac Third at Bath to. 14111 1'00i evening, and at Bristol on Fridays It has been unjustly insinuated in a Public Print, t Mr: PY E'S Alfred chiefly . brings to remem ranee the hero, " when he sat in disguise, [hopping '; i cks ) in the Neese-herd's Cottage." The truth is, "r• PyE has drawn an admirable Portrait of the Meat f oun der of our Laws,.has painted his anionsin T , owing colours, and has produced, a Work ho ltrable to the Subject, and to the British Litera- toe. ToussAlwr, the Mulatto Governor of St.- D - ; I nge * has set an .example to the Mother Country, illch we hope will not be unregarded. He has re s t ored the old Calendar, and enjoined. the observanee 1/ . 1 the Sabbath Day. • Mr. jor:Es seems to have started for a little p lari tv by giving notice cif his intention to move 'Ee Repeal or The Income. Tax.. He might have • ''Ed himself the trouble, however, as it has,already e en more than surmised, that Government have t ° inething in agitation respelling this measure. A certain Senator seems amious of imitating trACnAItSIS CLoors, a mad bit .Revolutionist F rance, and who assumed the ridiculous title o t 'war of the Humanßace. • The Member alluded ° seems determined to speak upOn every subjed, 11 , 'etnet ne understands it or not. Mr. Roissosr must now be condemned .to hear :Levee for some weeks at least. There cannot be 4 greater affront to him than , to congratulate him on Christ.was—There can be little mirth he ' °ll ceive s where there is no opportunity for his t PPosition. t It is said that the Innkeeper, on the road from 41 ais . to Paris are all agog with the expectation of 4 glisb Travellers, who are proverbial for extravp pite in favour olsuch people, and their dependants. b t lere can be little doubt indeed that a vast num- . of curious „I":migrants will issue from this 94ntry, as socin as the Peace is finally settled, and dere tan be as little doubt that JOHN Butt will ; treated on the road in France as the Duke de tv EßNois was by an Innkeeper of Canterbury, ° was said by a Wag of that day to have ;iletl . 4 f:°o truly Cii)istian Prineiphs, " for as the Duke 4 4 :tuna, he Ali him LAII' REPORT. J COURT OF' KING's.RENCI-T. StiTINCS BEFORE LORD KEN'YON AND A sPr.cIA4 JURY, 1 . 11 GeiLDHA'LL, LONLIDN . , TUESDAY, DEC. 15. ~; COURT OF CHANCERY. LINCOLN'S-INN HALL, DEC. 16.. DRiIRY-LANE THeATRE.. • Tsince_ E CHA:icELt.oa. sato, tnatthe v S , t hearing relative to 'the above Concern, se .tal P e ti tions an d Affidavits had been filed; which t k ur !tained matter it was itnp(Crtant he Should ra tie ws and from some of which, nearly a new ar tetnent would arise. He therefore wished that a I Y should be appointed, beyond which lio Petition (, 41 1. ..Affidavit' should be riceived, in order that he i ght be in•possession of all the information which w as to be had upon the stibjed, before he decide& Ris Lordship then ordered that no Petition or t Adavit Telative to this subjea, should be re eived after Saturday next, unless by , his oven particular order -; and intimated that perhaps 'on 'tea:lay next he would give his final decision. CREICHTON 'V. STEVENSON. . THE Plaintiff was the Owner of a Vessel called the Speedwell, the Defendant the Owner of a Ves sel called the Calypso. Both Ships Were fti Tortola Road., 4-het the Calypso ran down the Speedwell. After all the Evidence was gore through,. Lord KENYON said., it appeared, that the losi which took place in this instance, was matter of mere accident, and where "there Was no body to blame=, the loss must be sustained , where it happened . to fall ; and therefore his Lordship was of opinion the Defendant was. entitled to a verdid. Verdict for the Defendant: LAYTON 'T.i'. An Aftion upon a Policy of Insurance foi the Loss of Goods on board the Ship Friendship, on her voyage to and from. Lisbon to London, warranted to sail with Convoy, captured by. a Spanish Ship of 'War, re-taken, and afterwards •so damaged by. weather, &c. that an average loss arose.. ..- Defence.—That the Ship did not join Convoy, as warranted she should do, and that this was the cause of the loss, because she would not have ,been taken had she joined her Convoy properJ', &c. It was proved, not only by. the Captain, who was 'made a Witness by being released by his Ownth, but also from the evidence of two, other Witnesses, that she received her sailing instrudions, and ac_ rually sail,eci,for one dP,y with the Convoy, and was in a situation to give and receive signals ; but was separated from Convoy by thick. weather, &c. Verdid for the Plaintiff Damages; the average Loss, to be computed by one of the Gentlemen of the Jury. WARNtI2., ASSIGNEE, &C. V. WATSON. Mr.' Watson, the Defendant, a Steam Engine Maker, &c. in Blackfriars Road„ entered into a Contrail in writing to erea . a Steam Engine for a person of the name of Edward Boyer Bull,. who had advertised for selling cheap Bread in the City Road, fl.r which Bull was to pay to the Defendant 15°1. whi,m the Engine was finished, Sool. when it began to work, and zsol. at' stated times after wards, until the whole was paid, :which amounted to about t took - The Defendant took, a number,of 'articles to the house of Bull from time to time, for the purpose of ereaing the Engine, but as the affairs of Bull de clined, Mr. Watson, the Defendant, took away the materials of which this Machine or Steam Engir;e, was intended to be composed, and afterwards Bull became a BankruPt. The . ,obje& of this Atlion was to compel Mr. Watson to' bring all these things back, that they might be b\ - ought to the Estate' of the Bankrupt, for the use of h,is general Creditors. It appeared, none of the articles thus brought to the Bankrupt's house, and carred away again by Mr. Watson, were fixed to the '4 l welling, or in any degree made fixtures, and - therefoi - e, Lord KENYON said, there wao nothing more deal Law, than that in this Case, the Defendant was bound to leave every . thing that \was fixed, and that he had a right to remove every thing that was not a fixture ; for here nothing . could be. said to be delivered, .because the Engine was one en \ *ire thing, and the Contractwas not performed until le whole was made out, and therefore the . Defendani .- had right to take any of it back, and stop it aeak , rding to the Rules for the stoppage.of Goods ill tiYit:Sitil., His Lordship added; that in a case like this, he, should be sorry to hold a Manufaaurer, endeavoitr ing - to save his property from the 'shipwreck 'of '0 ; bankruptcy, to the most rigid Rules ;. on the con trary, common honesty and common 'sense proved the propriety of construing the Rule ar„ liberally as possible in favour of the'Defendapb Here was no thing fixed to the dWelling, and, 7 tt f TO 4'S Oleg as the sun, that every thing which was not Led; the Defendant had a right to remove ; fo? 'this reason, and as there was no part of this, Engine fixed to the dwelling, the Plaintiff was nonsuited: NEWBELL 2': ASLIN: . Mr. IARIt, on the part of the Plait stated, that this was , an Aetion brought for the small Sum of 41. the payment of which, he said, was most um righteously and shabbily resisted. The Defendant was stated to him to be a Man, of Fortune, who had a farm of his Own once, of the yearly value of 1501. which he had disposed of fora full consideration, for his own convenience. The Learned Counsel added, that the Defendant held also a Place in a Public Office, of considerable trust and etnolurrient ; kept his carriage, &c. soasted that he could. do so, , be. Cause he had parted from his Wife ; whotii lie had driven from him, it was said, by his cruelty to wards her ; that she being thus driven off ftsm her husband, upon a small alloWance, agreed upon be tween them, became much distressed, and the Plain tiff in this Auion, a poor widow, gave bet credit fiir Bread to keep her from perishing by want, and this was the demand which the Defendant chose to re sist, alledging, that be was bound for nothing more than the Sum he agreed to allow to his wife. Lord K E NYON.:--" And which allowance puts a final end to this Case." Mr. PARK said, he could easily prove that this Bread was furnished to the Plaintiff's wife from absolute necessity, to save her from the extremity o f want. Lord KENYON. , --" We must not break through the rules of Law to suit the altedged Or supposed hardship of a particular Case. The rule in this Case is a plain one, and was settled long ago in ‘a well known Case : ' Where a woman cohabits with ber husband, and he turns her out.of-doors, or makes itimpur , ible for her to live with hitn, and she con. tracls debts, the husband is liable to pay,. up.to the event'of his degree in life, for those things which are absolutely necessary for his wife so circunk staneed. But if she goes from him and commits Adultery, he is answerable for nothing on her ac count. If the husband and wife separate from each other by agreement, the husband is not answerable for the debts which hisi wife contraas. The agree ment is a voluntary agreement between the Parties, the propriety of whiat nobody has a right to eines tion, because it is a anatter beween thernselires.' God knows where we shoUld go if third Parties were allowed to judge whether the allowence is sufficient or not." Mr. PARa said, " If his Lordship woUld he pleased to hear the Case., it would appear that this charge of the Plaintiff was pure necessity to support the life of the Plaintiff's Wife." . Lord KE NY Opr.—" fc may be so, andl dare say you are so-instructed, but,wlien yoU state that the Defendant and MS wife,,are separated by agreement, you defeat. your Client's Case at the threshold yet as the Plaintiff is. tiitied; as Idaresay.she is, to be a poor woman, and the Defendant to bca than of fortune, I think it would be proper that yoti •SlioOd withdraw a furor." The efrea of which Woad have been that each Party would have paid his own Costs. Mr. PARK intreated his Lordship to recommend that course to the Defendant, to save, the Plaintiff from payment of Costs, which his Lordship did. Mr. ERSKINE, on the part of this Defendant-:-;. I must' say that I would readily comply with the desire of your Lordship, but the Plaintiff does not deserve it in this case. The credit was giyen for the purpose of affording an opportunity of exposing the Defendant to gratify the malice of the wife, whose extravagance would undo the Defendant if he did not resist these anions ; and as ,to the allowance which is said to be so meanly given to the Defend ant's wife for her maintenance, it amounts to a full third of his income. Lord KENYON---" Well, .if the Defendant does not consent to withdraw a)uror, I cannot compel him ; certainly the Plaintiff has no right of alion in this cast:"—Plaintiff norisuited. COURT OF COMMON PLEAS, Drc. 1 . SITTINGS AT GUILDHALL. HARRIS against HOGG. . Tuts was an Aftion to recover 351, is. being the amount of the sum .at which certain Goods, be. longing to the Plaintiff, were appraised to the De. fendant, 'who had agreed to purchase them. It was proved, on the part of the Plaintiff, that the Defendant had agreed to take the goods accord ing to the valuatidsn,-Of a Broker, employed by both parties, who had finally valued them at thirty-three pounds two shillingAt It also appearea: i that the Defendant lodged in the Plaintiff's bouseatt:that at the'titne of the Agreement,' the Plaintiff - was arrested, - and in a Lock-up-House. - On the part of the Defendant it appeared, • that he had paid the Plaintiff 251. with which, it was as serted by one of the Witnesses, the latter declared himself perfeelly satisfied, in lieu of the 331. 25. and ,that tol. of this had been returned by the Plaintiff to the Defendant, to pay the Taxes, due on account of the house of the former, which was given up to the latter. That the Taxes were accordingly paid, and a 'trifling balance remaining out of the rol. re paid to the Plaintiff. No receipt however was pro. duced on the part of the Defendant, to 'hove that the Plaintiff had aeknowledged the . 251; he had re ceived - a5 a full satisfadioil for the 331. as. at which the goods. had been valned, and on this cit.- curnstance the Plaintiff's Counsel chiefly rested his reply. _ _ • Lord ALVANLEY observed, in sununing up the evidence, that the Defendant ought to have brought the best' evidencb which `could be had, that is to say, the Plaintiff's receipt, to prove that he had accepted the sum Of z5l. in full satisfaaion of the sum of 331. Is. which was agreed to be paid by the Defendant to the Plaintiff. Verdiel for the Pkintiff—Damages 81. zs. with Costs,. . . OPVENHEIM AND ANOTHER (7. - azizst RtisstLL. _ . ~*rhe nefendant is,Proprietor of .a Waggon going froriN London to l'tyinoutli; by which certain goods were stilt by theiPlaintifS, consigned to a House at PlYi.nouth. The-Plaintiffs gaining intelligence of , the fail' re of the Consignee;, stopped the gooL in tranSitu., The D'efendant 'detained the goods upon a plea that the Consignees were indebted to him upon the balance of an account, :.nd that he had a right to de tain the goods in part of payment of that debt, ex clusive of whl4 \'‘vAs due to hiin for the carriage of the goods. ;Mese fads apo tared, by the admissions on both sides, Evidence not being gone into. Mr. Serjeant` Li.,Ns and Mr. DAmpi having admitted the faCts, aod the right of the Plaintiffs to stop in transitu, whit la they had in this instance done ; .contended,. that by the custom of England, Common.. Carrier wai. authoried to detain, goods sent by him, until any bt due to him by the Con_ signet they offered evidence s from which Illyy intended to draw an argument to meet the case Oefore the Court. Mr. Serjeant SHEPH PRO ctd•Mr. READER, for the Plaintiffs, objected to tha evidence 'as sible, and it was filially. over.ritled by - Lord ALVANLEr, whcrobsert ed, that if evidence was admitted to prove the custolv, it could not ,go to the jury in tins case, as it cold not affeet the. Plaintiffs right to stop in transitzt, h• not being,con. tended - that the goods' ever were legVlly in the pos session of the Consignees. He, theivfore, refused to receive the evidence tendered by thO, Defendant's Counel. It was at _length agreed, that the plainViffs should have a, verdi6 for the , amouni . of the goods, objea to the opinion of the Court, upon a Moti9o fur a new Trial. Wnt:i again!' MILLER. This was an Miion for an Assault, in which some contradietion of Evidence appeared, and the decision of which turned upon the credibility of the Witnesses. Tlie Plaintiff is a 'female, and the Dekndant a Broker.. The latter had justified upon the Record, by alleging that the Plaintiff had behav , .'d in ariot. OW; 'manner in his dwelling-liduse, and that he had gently put, het Out. . - The principal Witness for the Plamt if sivore, that the Defendant brought the Plaintiff out of the hOuse of the formerin'hiS aims, and theri pushed her down upon.the ground with considerable violence; whilst, on the other hand, , it was a; nosi:. tively sworn by a Witness for the Defendapt, whO said', be was in the house of the latter at the time that the Plaintiff' came into the Defendant's house; and behaved in a very riotous Manner; and 'that the latter; after repeatedly desiring her to quit the house; which she refused to do,' took her up in his arms; carried her out of the door, and gentlY set her down upon her feet upon the ground. The jury; after sOine consideration, found a Ver.. dill for the Plaintiff—Damages which carries Costs; there being a justification upon the Record: it is to be hoped that • the Bow:street Magi: strates Nviii take a hint froth the City; and compel the PubliCans. in the neighbourhood of Covent- Garden and lirurY-lane to pay some attention to most Sabbath. I n ost of the Public-houses in the 'quarter alluded to; there is hardly any diffe r ence in their appearance on a Sunday and other days, pr. ticUlaily in the courts adjoining the Theatres. •G't ~•4Ar4 4,ITEIt - tTURE.Tfie Fair at Leipzig this .year, proclu-red but 1150 Novelties which h: created great astonishment, when it is recollefted, that Germany is •the Mother of 9000 living Au thots; the eldest of whom is only 97, and the youngest r 9. In this there is scarcely , any thing theaLagical, ,a singular occurrence at the Fair. , As Walking semis the *rage of the - ifibYand it herothes so profitable a speculation, we wonder , walktng STUAIT doe's not start forward. Front *his long pratlice, he ought,,to bear all Competitors,. being so highly accomplkshedin peripatetic perfedi- • •• • tt • . Ceinei SANItso train i ng for his Walking- Match; which is to be performed some time before the z4th insr. in the vicinity of Yoik. 'lf the LAD' CHANCELLOR Should be able to settle the business of Drury-Lane Theat?e, he will certainly display great skill in'ka;ggeineht. The example of the Chief Consul of Vrance hotels out no great lure to Englishmen .to emigrate to .that CoUntiy: Where a man dispatches his dinner in half a& hour, wine and all, John Bull thinks he Would scarcely have a belly-full. Mr. PETER MOORE, a Gentleman Well known in ttie vitcld of the Whig Club, and other such meetings, called papilar societie's, means, it is said, to iffer himself as a Candidate for Coventry. The Peggy, Hunter, of Newcastle, was lost near Liebau, 2d alt. Last week, ai a workman was p4ling down an old cottage at Loosing-hill, near Ravensworth,- he discovered a quantity of ancient silver coins con. coaled in the wall, consisting of thirty-seven pieces, of 'different values, weighing upwards of seven ounces. They are mostly of the coin's of Queers Elizabeth, James I. and Charles I. and in a good state of preservation. It is probable they have been secreted there during the Rebellion, in t 715. Last week, at Gerrard's Cross, Buckinghamshire, 'an Ostler, conveying a horse to a farrier, dropped down dead ; a few hours after the horse died ; and the following day the farrier also died after a few hours illness. A few, days ago the house of Mr. Teasdale, in Featherstone buildings; Holborn, was robbed by a young man, who was very incautiously received into the hOuse r.s a lodger before the necessary inquiries- respeging his charaeicr were made, and who, a few hours after he had got posses'sion of the lodgings,' , bundled up the hed-furniture, sheets, and counterpane, threw them out of the window to some accomplices, and . then ringing the bell for the servant to light him down stairs, deliberately walked out_ of the house. The House of Mr. Donald6on, ofSalisbury-street, Strand, was robbed of a pair of sheets, and other articles, in . a ?imilar manner, on Saturday afternoon last. On .Thtirsday night laSt Mr. %I/kW and Mr. BAssEr, two of His Majestv'S 'Mesengers, were stopped' in a post chaise on , the Deptford road, by two footpads, who robbod them of their watches, and about zol. The same night, Capt. ALIARD, of Rotherhithe, wAs stopped on Bexley Heath by three footpath, who.robbed ,him of a zl. note and some cash. Dr. J. FULLER, of Upper Brook -street, London, with the liberality and humanity which distinguish many others who have refired, after a life of exten sive prgtice, has communicated to B. D. PE RIC I xs, of Leicester-Kpare, London, some important obser vations on, and experiments with, his Patent Me, tallic Traetors ; on the final metits of which he thus concludes I have used the Ttadors in very numerous instances with great success, and have the firmest confidence in. their utility, among such as have a pleasure in the possession of the means of relieving the sufferings of their teilow-creatures."-- After detailing several cases of Tooth-ash, swelled Faces, Sprain, : and Rheumatism, he recites the followins decisive experlinent " A - Lady, aged 60, whom the Tradors relieved of a R matism of long standing in the shoulder, round a great warmth during the application, .And, which was extraordinary, f.:it the burning sensation continut for several days. This patient being so susceptible, I thought her a proper sabjeet on whom .40 try the . comparative merit of the Tractors with other sub stances, and thereby ascertain .what concern the imagination had in the effects. I accordingly drew the points of forks, wood, &c. over thd part affeded, as I had b9tbre used the Tractors, , butjfrom neither was thereproduced_the least efs fed. The Tractors, however, on being applied a second time,. immediately occasioned the heat, and gave exactly the same rel etas at first.--This experiment was made under cit cumstonces which rendered it very decisive." The Traitors,: so necessary in every Family, and among Horses, may be had gelatine, with new and improved •Direc tionS tor using them, for Five Guineas the Set, of B. D, .Perkins, A. NI. the Patentee, in the house of the late john Hunter, Surgeon, - Leicester-square ; and of Frederic* Smith, .Chemist and Druggist, in the Hay-Market, ..Loh r don. • : 9;lie portable nature of the Tractors renders their conveyance by coach, or even by post, perfe . dly convenient. Letters inclosing their amount (post-paid) duly attended to_ • N. 8.. The purchasers of the Tractors receive gratis, two did Brent Zooks, which contain, as communicated by the list literary characters, about three thousand Cuees of Gout, Rh, nimatism, Scalds, Head-ach, Tooth-ach,Sprains. I ntiarn., rtAlhs. , ,erc. &c. and,all analogous Diseases Di . Horses: CAT:Tioa.—Th,.. genuine TraCtors are stamped. with the words " PERKINs'S PAIENITAACTOItS,".mtia: :he bet toni oft printed diredions is a Receipt foi - thb live guineas, signed 1,-1 the hand writing of the Paterite„ Obairviol tidy, inipositions wilkottea be detected.