The Sun. — London, England, 1804-08-10 00:00:00

FIRE. Liver night, about half past eight o'clock, a fire of a very alarming nature broke out at Messrs. WHITING and Co's, Gr cers, at the corner of Do k's-toor-lane, :Thames.street. The flames were first discovered to burst our of the warehouse win. dow behind the house, in Duck's-foot-lane, and immediately to extend across the street, commtt nicaring to the premises of Messrs. HARDCASTLE and Co. which were threatened with destruction. The. timely arrival of an engine, however, pre. served them, by its beginning to play instantly, heft to the flames had got to a great height. By th , , time, however, the fire at Messrs. WHIT. two and Co.'a premises had gained considerably a.head, notwithstanding the exertions of the fire. • men, and the flames had made their way through the told of the warehtmse. Several engines, which bad now arrived, were judiciously arranged, not only. to subdue the existing conflagrition, but to preserve .the. adjoining premises, which consisted generally of warehouses stocked with valuable mercantile commodities. At• the opposite corner of the street are the warehouses of Messrs. ROXBY and Co.which were toll of hops ; they were with great difficulty saved, as as others, which, had they taken fire, must have involved the whole neigh: bourhood in the conflagration. By judicious ar. rat vement and yr , :tt exertions, the fire, for.. tunately, was chiefly confined to the spot where it commenced, oral, in about an hour, its fury appeared greatly checVd. After that. time the flames.progressively decreased, till the engines en tirely subdued them. The loss is, not expeeled to be very considerable. The Bridge Ward and Dow. gate, Volunteers, as well as some other Corps, at. tended to keep off the rabble, and preserve their neighbour's property from plunder, which they did effetlually, by stationing a party at every avenue leading to the fire. This plan . also prevented the fitemen horn being interrupted in their duty.- LOUISIANA. (From an Account of Louisiana, printed in America.) " No general Map of she PrOvince of Louisiana, sufficiently corred to be depended upon, has been published, nor has any been yet promised from a private source.—The precise boundaries of Louisi. ana,, westwardly of the Mississippi, though very extensive, are at present involved in some obscuri. ty. Data are equally wanting to assign with pre, cision its northern extent. From the source of the Mississippi, it is bounded easterly by the middle of the channel of that river to the thirty. first degree of latitude : thence, it is asserted upon. very strung grourds that according to its limits, when former. ly possessed by France, it stretches to the East, as far, at least. as the river Perdigo, which. runs into the bay of Mexico Eastward of the rivet Mobille. " It may be consistent with the view of these nines ro remark, that Louisiana,, including the Mo. bille Settlements, was discoveted and peopled by the French, whose Monarchs made several grants of its trade, in particular to Mr. CROSAT t 01712, and tome years afterwards, with his acquiescence, to the weliltnDwn Company projetied by Mr. LAW. • This Company was relinquished in the year 1731. By a secret Convention on the 3d November 1762, the French Government ceded so much of the Pro. vince as lies beyond the Mississippi, as well as the Island of New Orleans, to Spain ; and by the Treaty of Peace which followed in 1763, the whole Terri.. tory of France anti Spain Eastward of the middle of the Mississippi to the iberville, thence through,the middle of that River, and the Lakes Marepas and Ponchartrain to the sea, was ceded to Great Britain. Spain having conquered the Floridas from Great B r i ta i n during.,oor Revolutionary War,' they were contirmeti . to her by the Treaty of Peace of 1783. -L- By the Treaty of St. Ildefonso, of the Ist of °do. her tBoor His Catholic Majesty promises and en gages on his part to cede hack to the French Re public, six months after the full and entire , execution of the conditions and stipulations toereio contained relative to the Duke of PAR MA, " the Colony or Province of Louisiana, with the same extent that it aCtually had in the hands of Spain, that it had when France possessed it, and such as it ought to be after the Treaties subse tinently entered into between Spain and other States." This Treaty was confirmed and enforced by that of Madrid, of the 2155 March, 18ot. From, France it passed to us by the Treaty of the 3oth of April last, with a reference to the above clause, as descriptive of the limits ceded." On Sunday morning, as a party of the rith Re giment of Dragoons was bathing at Hastings, near the rocks, to the Eastward of the town, at low water, the sea being considerably agitated, three of she men got beyond their depth, and were not per. ceived tfr some time. As soon as their danger was obsetved, a boat was sent from the shore, but he. fore its arrival, one of the Men sunk, and has not yet been found ; another, by the assistance of his companions, was brought out of the water, insen. sible, and in .an alarming slate ; th e third' was, brought on shore by the boar, senseless, animation being apparently quite suspended. Fortunately, Mr. Durrotr, Surgeon, of HaStings, was on the beach at, the time, and ran down to the boats in the water, to render his assistance. The two men were im m e. diately conveyed to a house near the plate, and by Mr. Dorm's's perseverance in the method rectm. nended by the Humane Society, they were both re stored to life. This Gentleman received a medal from, the Humane S':ciety last year, for the recovery of a boy in a similar state, and the apparatus si,tce sent down to him by the Humane, Society, was of great service on the present occasion.' . 7noter Tierney, Seaman, of the Dreadvught, who was tried and convined at th'e Exeter Assizes, for attempting to seduce another 'seaman from his alle giance, has,been respired on a. point of law, which is reserved for the opinion of the twelve judges. LAW REPORT. COURT OF CHANCERY, AUGUST St !X rARTE SZVAN; Sir Herbert Mackworth entered into partnership in a banking.house, in 1784, which was same. quently conduaed under the firm of Dorset, John. stone, and Wilkinaons. In the ytar 1795, Mr. Wm. Berners, the son of Charles Berners, E.q. was received into the partnership for 14 years i during which term he was to have one.sixth, or one.eighth of the profits, but if these did not amount to t &tool. per annwm, he was to have a lien on the profits of his partners to that extent. As a compensation for this interest, his father gave the sum of 70001. to the former House, not as a part of the general capital, but as a bonus to the partners, and he agreed to be answerable to the extent of ro,oool. tor any loss to which his son might be. come liable, in consequence of his concern in the House. Io 1796, when Wm. Berners had come of age, James Tilson was received into the firm with. out the consent of Charles Berners. The balance of accounts on the sth of May, 1803, between Charles Berners and the House was- in his favour 15,6491. and on that day a Commission of Bank. ruptcy issued against all the partners. The.. Com. missioners had permitted the full amount to. be proved, and the °Ned of the present Peiititin was, that the io,oool. for which Charles Berners had rendered himself responsible, should be dedulled from the amount so proved, and that.he should day be permitted to receive dividends on the 5,64.91. The Assignees were the Petitioners. The material question was, whether Charles Berners, under the agreement he had made for his son, was either- a surety, or a partner ? and whether either or both these charaders were not withdrawn in consequence - of the reception into the parnership of James Tilson, without his content ? Messrs. ROMILLY anti COLtEN commented on the fa.as of the case. They said the loss of the partnership would be to a much greater extent than 10,0001. and that the introdufflop of Tilson could not destroy the responsibility Charles Petners had undertaken. _ _ _ The ATTORNtY.GIINERAL .and Mr. RICUARD. sobr, on the contrary, argued, that Mr. Charles Bailers could not be considered at any time in the light of a partner; he was merely in the situa. tion of a surety, and the Law in respect to sure. tics had been long .established by the cases of " Lord Arlington and Merrick," 4 g• Wright and Russel," " Barclay and Lucas," and .the recent case of " Walwyn and Lee," before Lord ELLEN BOROUGH. If any alteration took place 'in the parties to whoM the surety was given, the surety was discharged. In the present instance, the in. troduftion of Tilson had made such a change in the parties, and in consettliece Charles Beiners was not liable to the to,otiti but was entitled to prove the whole of his debt. The Loan CHANCELLOR delivered his opinion on the relative situation of the' paities at great length, and pointed out the distin&ion in the obli. gation of Charles Berners to the partnership, and to the general body of the Creditors ; and ha ad. ded, upon a close examination of the contents of the instruments produced, as illustrating the inte rn, tion of the parties, and as conneeted with the law of the case, the situation of Charles lie rners was altered by the introduaion of Tilson ; from that moment he was a mere Creditor, and he is entitled to his dividends to the full extent of the sum proved. EX PARTE EASUM. This was a I",:!tition to the Court to stay the cer. tificate of - Nash, the late master of the ship Friendship, and the application was made by Messrs. Thomas Peterson and Co. the owners of that ship. Nash, in the beginning of the year 1803, had be come bankrupt, and, two months afterwards, had procured the signature of four.fifths of his creditors to his certificate: he, then engaged as master of a vessel io another concern, which proceeded to De. merara, where he is supposed now to be. Mr. ROMII;LY, on behalfof 'the Petitioners, stated various ads-of miscondud in his - Capacity of Cap. tain of the Fristuiddp, both during and subsequent to her late' voyage to Jamaica. The - Commission. cri.had not- permitted Messra. Peterson and Co. to prove their debt, and redress was'nosw sought from the Court, that the certificate might n,ot be granted, until the debt was examined into, ani, if establish.. cd, until it was 'proved. Mr. HALL, On the same side, 'stated a remark. able case from 'the Ist of Aaynr, wherein Lord Hardwicke commented with peculiar severity on thb 'injurious promptitude with which certi fi cates were sometimes..granted, by _which " the order of things was inverted, and 'death,: (milli:dons were introduced for the benefit of the bankrupt, not foi the advantage of his creditors." • Mr. RICUARDSON, on the contrary, contended, that the . Petitioners' , were not permitted to prove their debts, because they could shew no satisfac tory claim; that the Commissioners had . .given them the fairest opportunity , Of establishing their demand, and if they were guilty of Itches, they mit&t take the consequence of their own neglect, and not prevent the exoneration of the bankrupt, who had acquitted himself .to the satisfadion of four fiftha of his creditors. , Mr. RomILLT was proceeding to reply, when he was interrupted by the LORD CHANC ELLOR.•..." The man goes to sea, and disposes 'of the cargo with which he was in. trusted in a way inconsistent with the orders of his owners. It was his duty to have complied with those orders, ,and to have come home 'with clear ac. counts of the transactions. ` This he does not appear to have done ; butwhis certificate is signed in two short months, and he - then hastens away on new ad. ventures. It seems to me the certificate should be stayed." COURT OF KING's BENCH, MAY 3t. H SAUL Y AND OTHERS "Z. CUDDIN. The Plaintiffs in this adion were assignees of one John Hinton Timming4, a Bankrtipt, who formerly was a•grocer at Gosport; and the action was LONDONwed by RicHA RA 1 - 141 t 12 is, (of No..}, Martlet-court, How-Street); and I _tublihfird F.y Aha Akm,t, At the SUN•Uff ICJ ' 1 4 ;Q. r Si, Strand ; whcse Adruertitemmtt, Orders for the Paper, Letters in: Mr. Serje.mt BEST this day supported the nun_ suit, upon the grounds that the Ivlagistrate sh have beret included in the at - lion against the ',titer persons ; he te, k upon hirmrlt to decide upon tit, local reitlence ut the Plaintiff, e n d theretp,.on de in/. vi bowl) 111o.tni..strret, Giusvcnor.squ 2 fth pOir.ia.l), must be aLidressed. • brought for a balance of an account for goods sold' and delivered by the Bankrupt. to the Defendant, who was 'an attorney, residing at Pdrtsmouth. Mr. ERSLINE stated the Plaintiff's case. The Defendant had been employed by the Bankrupt, (Timmings) to recover a debt which was due to him, and, previous to the trial, Timmings had ad. vanced a sum of 121. odd, for expence of Witnesses; he also had paid his costs. The debt was recovered and paid ,over . to Timmingi, but the costs and ex , pence of Witnesses, which had been advanced, were not repaid. There was also a sum of 271. los. 5.1. due to Timmings for goods sold to the Defendant, making altogether a sum of 811. 81. sd, for which the attion was brought. Mr. Timmings was then examined ; he said lie had employed the Defendant to recover 2991. - es. for him; that he had received that sum from him in two .payments; that he had advanced the ceste, and the expences of Witnesses, whiCh had not been repaid him ; that the Defendant had got goiell from him to the amount of 271. soy. 31. ; that he had repeatedly applied to Defendant for his bill of costs, but in vain; and that there remained a ba. lance due to his assignees of 811. Sr. 5 , 1. Upon his cross.examinat ion by Mr. GAP et ow, he was cautioned how he should answer the questions to be put to him, as every w•trd of his evidence should be taken down. He thee► said he had re. ceived the sums from the Defendant as before stated, and no ioher sums. A book wis then produced to him, wherein it appeared he had signed a receipt for 1631. los. 61. to the IVentlant. He admitted the pale signed at bottom to he hi, ; but ilositively swore he had never seen the writing above it before ; that he always reads what be signs, and, had he seen that writing before, he . shy uld have recollected it. Hr exeressed his surprise end astonishment at such a chit% having been pro duced. He sail lie male it a tegular prafiice to make up his cash acc Atilt every night, and enter it in his day-bunk ; that he did exped to have re. ceived part of his costs hack, and if he had, they would have als been entered. He admitted he.did give a receipt for twelve guineas, and some other trtflitrg► sums, Mr. GAIRovr, on the part of the Defendant, ob. terved, he would find great difficulty in defending his client, as the material evidence he had to pro duce was the Kelt, in which this receipt fur the 1631. tos, 6,i, yeah entered, and not being duly stamped, could not be given in evidence : he there fore would not take up, the time of the Court, but submit to a verdift for the Plaintiff. Lord ELLENDOROUGH observed, if this was a false charge of the Attorney, he should he dealt with accordingly, It was not natural to suppose that he had Raid over the costs ; perhaps this entry in his book, by way of a receipt, might be a mistake ; but as it then appeared, perhaps it was better he did not go further, as his Lordship feared, in such a case, he should have another duty to discharge : he was glad the Defendant retired so soon, and hoped it way the last time he would venture to exhibit him. self in that furm.—Verdie.l for the Plaintiff 601. /MAKIN AND OTHIMS 'lO. ABRAHAM!. The Plaintiffs in this alion were baize manufae. niters ; they had employed a man of the name of Shepherd Scott, as a traveller, to sell goods for them upon commission to country dealers. iSCott accord ingly sold goods to the Defendant to the amount of tot. t9s. in the name of Shepherd Scott and Co. and bought some atticles from the Defendant for his own u,e. The defence set up was, that the Defendant knew nothing of the Plaintiffs, but bought the good 3 a 3 from Shepherd Scott and Co. Lord E,LLICNBOROUGH said, where an anion was brought by an unpaid principal for goods sold, though not in his own name, or where the agent of some unseen principal has sold goods, he has a right to recover..lo this case he did think the Defendant might set off the amount of the articles which Scott had received from him . against the Plaintiff's mand. VerdiCt for Plaintiff, ti. 73. 6d. JUNE 4. LAMB q. SIZILAND. Mr. CAR now moved to set aside the nonsuit ob. tained in ►his cause. The Mlion was brought against the Defendant, as acceptor of a Bill of. Exchange of got. Upon the trial, a witness of the name of Burton swore that the Defendant had applied to him to procure cash for the Bill in question, and he declared he could not, without paying : a sum of go shillings ; he then took the Bill to the Plaintiff, who gave him the cash 'for its without deducing any such whatever fordiscOunt or otherwise. 'ln paying over the amount to De. fendant, the. Witness stopped 31, for his trouble. It appeared that this was an exurbitant'demand, and further, that the Witness was interested in the event. The Court granted a Rule to shew cause. • ed hit warrant : he must be liable, and the anion should have been brought again,t him. s It appeared, however, froth the afn(lartts, the Plaintiff did not reside within the jurisdiaion of the Magistrate; that he had- certainly ranted the warrant, but it' had-been executed out of his jurii. diction . ; the Magistrate, therefore, waa not to blame, nor did the Plaintiff accuse him ; the Constable and his assistants were in error': -the warrant was right, but the execution of it was wrong. The Court made the Rule fur a new trial ab. solute, A Court Martial is sitting at Dover, for the trial ort tr. CAV.EN . DISH, of the Vlichile , ex Militia, for sending a challenge to the Adju:ant. I'he Adjutant did not acceia it, and has since quitted the itegi; . The growth of potatoes in Cumberlana, the-pre% sent year, has been almost unprecedented, and (bet are excellent in quality. Not less than 73 cart: 1 .ads, beside s 9CYCIAI sacks, were on Satutday last Ur ught into Cnrlisk market • s vot 3 supply was never before known in One d.,v,.at this elrlY In the mornoig they s Id at 'Bl. but towards ever:l ing- they fell to 4.d. the hoop estiinAted et t+lb weigh!. Yesteal a Special Sessions was held at Cltr well, upon . a Pettti ,n f the J ,urney tryn S dk Weavers, praying a new regul ition ‘sith resl'co 14 the mode of payment of _wages in the in !atifill! r t of slighL silks. They csluplaihed th a t the tivot", s , had given them a greaser num b er i.)f threads to up, in the same width, than was u,tc.l, by 1 0 ' 4 = 1 ' their labour was considerably increased.. Aft er betting O.:lntel on both sides, it was agreed to be referred to a. Joint Committee of masted 0, 1 • journeymen. MILTON 'V. ORIIIN AND OTHERS. This Mtion 'was .tried before Mr. Baron Ho. TRAM at the last Assizes for the County of Kent, and the Plaintiff was nonsuited. In this case, the Plaintiff had been drawn to serve in the West , Kent Militia, and being called upon to be attested, he refused either to serve or to procure a sub>titute, upon the grounds that he was nut a resident within , the limits of that County. The Magistrate there. upon issued his Warrant, diretted to the Defentfunt.. to levy out.of the goods arid chattels of the PlaisuTtr the sum,of Isl.being the penalty direttedsby the Aft of Patliainent to be levied in such cases, which accordingly was done, and the Point iff then brought, his atlion to recover his goods, .or the value there. of. Upon the Trial a point was made, 'that the aaion should have been brought against the M strate as well as the Constable), and upon that the' Court thought it necessary t nonsuit the Plaintiff. BIRTIJS. At Stonehaven, near Plymouth, the Lady of Lieute nint Snowe, of the Royal Marines, of a Daughter. Ott the . 4th lost. at Cilinerton-House, the Lady of Alexapiler Kinloch, Dart. of Gilmertun, ofa Daughter• M ARR • On Tuesday the 3rst ult. at St. John's, Ilacknel, n t r. bert Roger, Esq. ot h.ingsland, to Miss Sarah Elria beti ` Nash, ot the Cny. Yesterday, at Lambeth Church, Frederick Benjamin King. Esti. of College-hill, to [Hiss Austin, of ilia same day, Mr. V. Butistield, of Tooley-street; to Miss Martha Smith, second daughter of Mr. I. Sinitbs of Houndsditch. DIED. Ti O m n ot t h h y e t u h r at Esq. his house at Homerton, ncar flac7 . 1, 41 : On the joth ult. at Woodside, Hamilton, Liettt" 4 " ter Bogle, of the koyal I.aii.nkshirto i M itia.„, By. On Sunday last, alter a lingering illacas, Mr. 1 .- 11 1',' ; p a' , tieici,, son or George Bytield, Esq. of Cray.t-street, '" 4 I'l ICE, 01' Yasit Bank Stock, t6t 160 Navy 5 per Ceit , 92 5 per Cm ,8 I nOt s per Cent. 4 per Lent. 75 ; per Cent. Rea. 57 pet Cent Con. 37 56 SIIIP IVElt's. CRAVISIND,"AUC. S. • Passed by—the Almeria,. Stour, from Virginia ; 1110 _ Duncan, Daniells. from Limerick ; Dorothy, Virginia from Memel; Eskdta Christiana, and Endeavour, desk ly, from Dantzic ; from Stettin ; Vr D Anna, Smith, Friendship, .lones Johanna Sophia, Ilocr.s and Four Brothers, ----, train Imixten. Sailed—the Mentor, Christie, and Three Brothers, Ps" trick, for Oporto; lunge juhanna, --, and lunge IsCitero Kerr, for E laden. • V S TOCK.V. itpAl. .16thr Bank L. Ann.. l 7 5 Ditto Short Ann. India Bonds. °militia - 1, 6 f pr. I mp,:ria; 3 pot Cent. ~.. , Dittu Ann. 9 1 t-16tlittl Cur's. tor 2,3 Aug. 5710 VENEREAL BLINDNESS, aro: To Mr. THOMAS TAYLOR, SHriZeoll; No. 9 , ?leo Bridge-street, London. .DLAR SIX, T T is with the, most heartfelt satisfa aion J. IL address you on the incomparable excellence of I t he valuable Medicine, LEAKE's PATEN"): PILLS• ' Spring of this.year I had the misfOrtune to contract a t o ,. real Complaint, attended with the most . - alartnitig getous symptoms; insomuch, that .1 have beco c"",.. st ir to m room tor a vihole week together, :nut mat able t o stir out 'of it ; 1 had no rest night nor day, and stilired th e - 04 excruciating pain and torment, and what was still vy' , 2 n t my eyes grew weak and dim, so .that I could qcar.:c ,Tos any object, if ever so close to me, and ex pettednothiog i thi, than the tuta: loss of my sight.— Front a stout, b‘'„ J r ; ( tia and rather corpulent Man, I becaine a mere shadowy. f oe object of pity and toutpassion. My friends. had all git i ital over, and thoughts my recovery inipOssible:• In thisti,t‘' - i . 1 1 1.4 state,' and expeeting every 'minute to bj my lo r t i n 0 world,. I Wai fortunately recommended by • a neigbbt Ao try your ; but having tried all medical aid purpose, being at an enormous expence, it was som e ; ; 51 . t .beiore I could be prevailed on to take .them ; at 1 3 it 011• for six boxes; and before I had taken them al I, I found siderable benefit; my pains gradually decreased, 211k 1 104. : wilt. grew better, and, to the great surprizc and Astor oy mem of all my friends' (after • taking three boxes more!! health aiid strength was perfettly restored, and. I :a (thanks to my God and your invaluable Medicines) 3 . 4 .• slid heairty as ever was in my life. " n oel You are at full liberty 'to publish this in any 1/,',° l a nd you think proper, for the benefit of society at 'l'l6o'; of a which' I should have sent you. sooner, but was (0" relapse. I remain, with the utmost gra:quite, ; E1C ,14• Dear Sir, your obliged humble Servant, R. L. High-street, liinninghani, Nov. 1, 1799- - A a firers{ • The abtive Medicine is earnestly recommento i , Perilhis that are , in any doubt of their tieing etit 4 "„; t every Venereal Atli:Clio% particUlarly to those jug the'a condition in Ai' it Will CertalnlY e „j ' ingi a , 4 every taint of that nature, of however loft; however disguised under the appearance, of other (;elf' it may he ; for Scorbutic, Glandular, and C uta ueOl 4 S . . i ni 0 plaints, it is also recommended to be taken, esP"'' ' - the Spring. Summer, and Fall. • Prepared and sold by the sole Proprietor, T hiti` cr0,4.%" Loa, Member of the Corp o r a tion of S u rgeons,' La ill '6 his House, No. 9, New Bridge -street • where he IP; Advice, without a lee,' to persons tilting these E ll O 6 311 1 .. . will answer Patients' Letters, if post...pod, on t il ,•y, terms, observing in all Pates the most inviolable se`j a w- i ' Ole' Patient's name or case having been mentioned, Wi t h ,. oolic own particular request, by the Proprietor, iduriog l e o of more than 35 years, that he has had the conut l 'i.,, l li cti an extensive sale of the aboye Medicine, the tier , and arising tnerefrom. t the 'ft , They are also sold by his appo;fritment, a a ir. futher'c, No. 35, St. Alban's-street, ; so a r : hertspn's Toy-shop. *No. 103, Oxford-street; f e l t No. t,.Union-row, Little Tower-hill'; and by 1/ 0 ) ,, son in every considerable Town in • England, i4c lain l in only as. siti. eaph, sealed up, with full and P re l ilt rectums, Persons of either Sex ala 4 Y " th selves with case and secrecy. le d int N. b. Each Box sold in Great Britain is sea , _ sio net'!' , a Stamp, on which, by favour of the Goma' 6 printed at the Stamp—" T. Taylor, I` lo .• a ri vl a h r r e idf ou - o s te trec rt :, a — c toimitate which 10 .Fuluhy. 11'4.