The Sun. — London, England, 1806-03-07 00:00:00

to be his brother's hand-writing., The letter was read ; it contained the above paiisages; and many others injurious to the Plaintiff's charaeler, and others of the Defendant's,. family ; it was sent by the Defendant from London to his brother, , , Mr. Matthew Atkinson,. at Kingston, in Janraida„ in Jaly 1804, of. which he sent a duplicate and tripli- - cate, lest it might miscarry. To this letter Mr: M. Atkinson_ returned an answer . full of good sense, bearing ample' testimony to the honour of Mr. Clay ton, and assuring the Defendant of the interest he took in the ivelfke of- the family, gently assuring the Defendant his mind had been poisoned by some misrepresentation, and that he saw the condu& of Mr. Clayton'thro''the medium of prejudiceAcc.. To which there was a reply from the Defendant, full of anger, and considering his brother as an accomplice in a conspiracy to defraud him of his property ~&c. Sir Francis Baring, Baronet, examined by Mr. GAttnow. „ . . . ... _ Q. I believe, Sir Francis, that in consequence of your connexion in West India matters, which we all know to be most extensive, on the death of the late Mr. Richard Atkinson you assisted in the ma nagement of his affairs ?—A. To a dlEVtain degree, by advice. Q. Had you; in consequence of that, frequent communication with Mr. Clayton, the Plaintiff in this cause ?—A. -Frequently. Q. Were Mr: Atkinson's concerns in a consider able degree conneiSted with West India property-? A. Very much ; if-not entirely: Q. .1 believe the affairs of Mr. R. Atkinson had great complexity about them ?—A. Very much, in deed, they were' very complicated. • Q. A great number of persons claimed:under his Will ?—A. A- great many. , Q. I believe it became necessary to advance mo ney' for the relief of the estate from ,embarrassment, particularly on account of the claims of Mr. Benfield ? Mr. Benfield had a demand of about 30,0001. on the "estate ; it was proposed by Mr. Clayton, and those who represented the. family, to purchase Mr: _Benfield's right, for theparpose, : in thefirst instance, of liquidating the concerns of the estate ; and in the second, ,it any benefit arose from the purchase, that benefit was to be divided-among the family,- not in-• dividually to Mr. Clayton, but to 'he family at large. • ' Q. I believe, ;Sir Francis, that on that occasion you were SO good ALto makes considerable advance ? .—A.- I advanced 60001. - ' Q. Did Mr,' Clayton make considerable advances also for the same purpose ?—A. He advanced him self l 6,0001. for the same purpose. Q. I will take the liberty of troubling you with only one More question, Sir Francis. From the frequent opportunities of intercourse you had with Mr. Clayton, did he appear to condtiet himself with zeal-and integrity hi that case ?—A. I have had fre quent Oportunities of knowing Mr. Clayton - for iranylears, apd in all the transactions which 1-have tated, and others relativo to the farnilyr . •.. Here - Mr. TIVLLAS objeaed, that-these transaaions were not evidence; and his Lordship ruled acCord ingly.- GARROAV.- , -.Q., Was Ms. - Clayton's condua that - which vou, :Sir Francis, approved of, as beim. for the benefit of tbe family ?—A. Entirely so. Here the Plaintiff's Case was closed. Mr. DALLAs spoke for the Defendant in his usual Elegance of stila, and contended that this was ex poiing unnecessarily thii teents of a family ; that the Defendant, whom he did not justify, and who upon refledion was ashamed of this letter, had aded under misapprebewion, and that therefore this was not a case for serious, but moderate damages. . Lord ELLEBOROUGIt delivered an excellent charge to the Jury . , in which he considered the else as very important, not only to the parties, but to the public. Solicitors were a body of men whp ought to be severely censured when they miscon duded themselves ; but when their conduet was corre&, they deserved particular protedion in their charade!' in a Court of Justice. He knew not how tb admit that. species of apology for misconduCt which arose . from a medium between insanity, Which excused a man,for any thing he did, and that perfea calmness by which he kept his conduet regu lar—it would be dangerous to admit it—for all wickedness was something approaching to insanity ; but nothing but 'a total absence of reason was an ex cuse for it. His Lordship made a great number of excellent observations on the case, all to the credit of the Plaintiff, leaving the amount of the &triages entirely to the Jury.—Verdid for the Plaintiff—Da= mages-tOOOl. • THE KING V. FROST AND OTHERS. The Defendants, Mr. John Frost, and several others, were indi4ed for suborning persons to vote for Sir Francis Burdett, at the late Middlesex Elec , fiat,' who were not. qUalified. Proclamation having been made, and no one ap pearing to prosecute, Lord ELLEN BOROUGH direeted the:Jury to find the Defendants-:—Not Guilty. scnnorDEn v. SMITH. This was the second trial of the A6tion against the Treasurer of the London . Pocks Company, to ascer tain, whether the . .Cornpany .were entitled to charge the impOrteis of West India.produce a sum beyond what was Mentioned in the Aft of Parliament for lowering goods into lighters, in order to their con veyance by water-carriage for exportation. The ver di& was similar to the former one, in favour of the Plaintiff, and the question was finally decided against the Company. MARCH 5, DAY AND TROTT V. LAMBE. The Plaintiff are linen-drapers in London, the Defendant is a manufaeltirer at Manchester. The p:esent aetien was brought to recover a sum of about tool. which the Plaintiffs had lost by the insolvency of a person of the name of John Jenkins, who had been recommended by the Defendant. Mr. GARRoNsr, for the Plaintiff, said, that this. ae tion was brought.; for a false representation by the Defendant of the character of the person named ; iti consequence of which, faiih had been reposed by the Plaintiff's, and a loss had been sustained by them. He observed, that the law on the case was clear. If a tradesman be referred to for the ,credit due to an individual, he might decline satisfying the inquiry, on the ground of the danger attending it; but if the person interrogated made a,filse answer, he was lia blot° the consequences of his own misrepresenta tion. The faces were these: _ 3,enkins. w„ is An obscure man, occupying a small shop, and,ln.a,dditionto his business on his oWn account, ..he was. Clerk to a re speaable_House wider the firm of Major Blundell and Co, Thus situated, -he Went to the Plaintiffi , add looked out a quantity of g oods With. a view to the purchase of them. Messrs.. Day and Trott were disposed to deal with this new customer, but. prudently_ required that Mr..,Tenkins should.rnake some reference for his chara&er before the delivery of the goods. With this requisition Mr. Jenkins complied; they were told that Mr. Lambe would give the satisfa&ion sought.; and the account given of the responsibility of Mr. Jenkins was the founda- . tiou of this a6tion. The Defendant said, that Jen kins had received goods of him to the amount of 5001. ; that he was a Clerk in the House we have named; that if he Were not a man of property, he had industry and talents in his business; and that if he required goods.to the amount Of 5001. more, his orders would be punEtually executed.. Was it to be credited,-that instead of 5001. Jenkins Was a debtor to the Defandant to the extent of nearly 50001. and that this was a contrivance to bolster him up for a few months, until he had paid off that claim ? After the, witnesses on the part of the. Plaintiffs had withdrawn, Mr. TOPPING, for the Defendant, remarked, that he differed from his Learned Friend materially is the law ,he had laid down. A person was not liable for the Charaaer he gave, unless two things should •be shewn : Ist, That he had made the misrqr*is tation with a fraudulent design : and, 2dly; ltrtAa loss had'occurred from such misrepresentation. The case of" Haycraft and Creasey," in the early stages of it, had occasioned much doubt and difficulty on the subjea ; but in the ultimate proceedings, the opinion of a Noble and Learned Judge, Lord Chief Justice KENYON, arid the law had been for the fu ture definitively settled.' Mr. Lambe, the brother of the Defendant, ' was then called, who said; that at the time-the charader was given, the Defendant had no suspicion of the insolvency of John Jenkins, and trusted him to the amount of 50001.. It was true, that his brother had said, Jenkins was indebted to him 5001. at the time he was in faa indebted to him 5 0001. but this was in reply to the inquiry, whether Jenkins was indebted as much as .5 QOl. - ,to the Defendant. • Lord ELLENBOROUGH--." The ground of fraud is taken away, and on this principle alone the atqion could have been supported." GARROW—" If your Lordship had not ex pressed your opinion so decidedly,. I should have submitted to the Jury some reasons for distrusting thocredibility of thiS witness:" Piaintit Nonsuited. rind Ci. Who were the 'Aien'ts the -Plaintiff, be came pure ha se rS" 4 A - gr'en't lvitt of thie•tatgo, - a (1. 4 remitted the t mount. On: tiiis ground the Under- - writers had refused to pay the amount of the average' loss, and several adieus had been commenced in . consequence, • Serjeant SHErrttito, on the part of theDefenclant,' addressed the Jury at considerable length, relying on the circumstances of the Plaintiff's Agent being' the purchaser, and, in faft, seller,'also. - The goods, for aught lie knew, were sold under value and, at' all events, should have.: been sent to‘ Dublin after an eighth had been sold for the payment of salvage.--- From these considerations, he hoped to have the vet diet in favour of his Client. - The Lonn CILJEI? JUSTICE addressed the Jury, and observed, that according to the evidence, the ship was not in 4 'condition to proceed tODublin, And that she had been fairly sold by order of the Ad'- : miralty Court in Jamaica, consequently Crossman. and Co. as well as any other person, had a right to become the purchasers ; but he left it entirely to the Jury to consider of the faels. The Jury, after a very short consideration, follnd, a verdi& for the Plaintiff, datnagesl3ol. t 3, I- TIP NEWS. roo.t.t, MARCH 4. Arrived—the Good Intent, Thatchel, from Weymouth ; Dart, Harland, Aaive, Boynes, and Caroline, Palmer, from Portsmouth; . William and Catharine, .Pratt, from Newcas. tie ; lacola, Bartlett, from Exeter ; and DOve, Thompson, from Plymouth. ' Sailed—the* Neptune, Bishop, and Bee, Sfell,. for Lon don ,• Benevolent, Bartlett, John and William, Dench, and Alfred, Prouse, for Liverpool; Industry, Robinson, for Leghorn ; Active, Boynes, for Portsmouth ; and Polly ; Dramon, for London. GRAVICSEND, MARCH S. Passed by—the Amphion, George, and Economy, Cook, from lamaica; Paxton, BA!stop ' from Surinam ; St. Anto nio, Williams, from Charante ; Mary - Ann, Hammond, from Lisbon ; Success, Willer, and Jenny, Clear, from Cork. Sailed—the Itichinond, Partridge, for Barbadoes ; Iris, Stoddart, for Grenada'; Delaford, Young, and St. Vincent's, Johnson, tbr St, Vincent's; Gibraltar, 'Craig e, for Mont serrat; Carolus, Sibbo..rni-r=and Jane, Davidson, for . Hain bro'. BIRTH. On Wednesday morning, Mrs. S. H. Phillips, of Howard street, of a Daughter. • MARRIED. On the 4th inst. at St. Pancras Church, Henry 'Dickson, Esq. to Miss H. Park, of Guildford-ntreet, Russell-square. Yesterday, Captain -George I. Ryves, of the Royal Navy, of Shroton-House, Dorset, to Miss Eimn Graham, datitglt, ter of K. R. Graham, Esq. of Chelsea College. The same day, at St. Marv.le.bonne, Thomas Egg. of Wiinpole-street, to Maria Margaret, seeonddaugh ter of the Rev. James Morrict, _of Flower, in Northampton shire, and of Betshanger, in Kent. • Lately, at St. George's, llanovcr.square, john Champion, Esq. of Sfanhope-street, May.fair, to Mrs. Ann Douglas, widow of the late Captain Peter Douglas. In January last, Mr. Ashley, of Paris, to Miss Lestathr gents, eldest daughter of Mr. Lestourgeon, late of Margate, now prisoner in France. •• X APITAT. '''C - OT.f.IF.P.Y, in CrIFFJIIRE. I'o 501.4) ( — nort, SCOTT, • - On ‘Sredneskiv the ryth inst. at - I' w0..1% e o'clock, at Carta. way's Coffee- house, ; frarwc•-al ley, 1.:4,141m1. unless 11 ac. ceptable Oder is preViousty made by Private Contr. - la, I THE . very Valuable COLLIERY of • PARK GA rE the situation extremely des:rahle for expor tation, being close to the . Port of 1 3 441 - kg ate, on the River Dee, • iz miles from the. City of Chester. This important - Concern .poisesses a combination of ad vantages —theGrantis vet - , extensive, corriprisink the whole of the Manor of Great Neston, and umier the Sea as far a$ low water-mark, extending under the River Dee, within a' short distance of Flint Castle, comprising abo - ,*6000 Acres ; it is proved, that wirbin the depth of 46 yards there are above at - feet of solid Coal, in various strata, of very - fine quality, part ()fit being cannel, which lying so near the sur face may be obtained with comparative facility, with the superior advantage of being so near H Shipping Place, 'inhere Vessels of 4or s . oetons] . rnay.receive their Cargoes from this Colliery so admirably situated for the Exportation Trade ;, and according to the estimates that have been made by a re:: spedable experienced Engineer, this Concern is capable of being made,..at a comparative small expellee, one of the most profitable Undertakings ()fits class. • To view the Premises, , apply to Mr. Robert Bowers, East. gate-street,'Chester ; of whom printed Pattibulars Ma . ) , be had ; also, at the Talbot Inn, at Pafkgate ; Hotel, Chester; Royal (Joh!. Liverpool ; Rein Deer,Newcastle-upon:.Tyne;- Geerge, Sunderland ; Red Lion,. Durham ; Three Crownsi Leicester ; Bush Tavern, • Bristol ; at Garraway' s . an d t h e Coal-Exchange Coffee-houses, London ;, and of - Mr. Scott zs,' New Bridge-street, - London. FREEHOLD FARM, LEASEHOLD MAN S ION, and . GENTEEL RESIDENCE, yvith LANDS,- &c. in and near Birmingham, ‘Varkviek. ' • -•TO BE 'SOLD- BY AUCTION ' . By Messrs'. -GIBBON'S *and JACKSON, . ' At the Royal FlOtel,' Birmingham, on Monday, March to, at • Two o'clock in. the . Afteritoon„-by Direction of the As - signees of Messrs. Oickenson, Goodall, and Diolienson, AVALUABLE FREEHOLD FAR of, lying very -corniad and most eligibly situated near ,Snirley.. street, in t'A Parish of Tamworth, eight mites .from Bits mingharn, and contains 124 .Aerts'cif MeadOW, Pasture, and Arable Land, Farm -House, and every requisite Building ' • ~0 11 lease . Mr. George 'Banister, whiCh expires - at t Lady-clay, at a very old Rent. :Tile valuable Lease' of that , Capital -Mansion, known 1311'. Edgbaston Hall; in the County of Wor , :ester, about two miles from Biciiiingham, .situaftd in a, Park adorned witlf stately Trees, Rookery, large Sheet - of ‘Vafer,.and every de scription of attached and detached Ogic , is, Fartit•klutze, fatally the occupation of Win. Dickenson, „Esq. • - The Lease.of a Genteel Dwelling Floiise, with Fore-court, and-Coach-sweep-approach, delightfully situated in• the gen teel Village of Moseiy, in the Parish of King's Nort. - m; tltde miles from Birmingharn,with FarinYdrd, co, and 3 z crs of very - rich Land, and every suitable descripti on of attached and detached Offices ; late the Residence of Thomas Good-. all, Esq. The Lease of-Three-Dwelling HoltteS, 'with Shops, 41 Bull-street, Birmingham, one — of Went lately occupied as ai„ House. • , • And a Hundred Pound. Share in the Birmingham insiir. ance 'Company. , To be viewed six days previous to the Sale, when para.. culars may be had on the respedive . Premis'es ; of Messrs- Barker and Unett, Birmingham ; Win Prirehard, Esq. Broseley ;- Mr. Sarel, Surrey-street, Strand, Solicitor to tie Assignees ; . and of Messrs. Gibbons and jackson,;BuCk.i. lersbury. - • Genteel FURNITURE,. Wardrobe or Fine Linen, Piatei Horses, Cows, cheep, Pigs, and Farming 1 inpiements, TO BE- SOLO BY 'A UCI:10.N; .AreErs, GIABONS and JACKSON, - On - . the rernise 4 .11losely; in the Paristrot"King-'s Norton, three Miles from Birmtntham, cm Tuesday. March t 1,.1806, t and two days, at Eleven o'Clock by . Direclion ot the A ssigrres, ALL the - Gt.:\TEEL HOUSEI-100 FUR, .N t - ru RE, Sideboard of Plate, China, fine Table aril Bed Linen, and Books, amongst which is a fine Copy of Baskerville's Bible ; a Harpsichord by Kirkman, a genteet Single-horse-Chaise, Horse and Harness, a Galloway, tour , Draught 1 - Inries, tour Suttalk. Cows, Leicestershire and Southdown Sheep, Scc, of Mr. ThornasGocyiati - comprising an assortment of w4l-made Cabinet and -Li phol'srery tu re. and Kahn), Requisites. A ntangst the • Farming Stock is a Stack of Hay, Oats, and. Barley,. a _6-4?0 sla6d-w Cart, a Water-cart, 3 ^ o of-the Chint and Berkshire breed, l'oultry; - ,Scii. - . To, be viewed Saturday and IVlonday' preceding the Sale, when Catalogues may be had (at 61. each, to be returned to Purchasers). at 'the ,Royal- Hanel, • Biriningnain ; and of Messrs.'Cibbons.a.nd Jackson, Nu. 3, Buckicrsbury, Cheap. side, 'London.: lilegant FURNITURE, Linen, China, Winch, Town Car: riago, &c. Edgbaston Hall. TO' BE SOLD BY AUCTION, • By Messrs.. GIBBONS and JACKSON, On the Premises, Edgbastdn Hall, two miles trom Burning. ham, on Tuesday, March 17, •and. two tollovoing Days, at Eleven, by direction of the Assignees of Messrs. Dicken. son, Goodall, and Dickenson, THE • elegant modern' HOUSEHOLD FURNI, TURF, Sideboard of modern Plate. Wardrobe of sine Table and Bed Linen, China, fine toned Grand Pian . i.leite, 120 Dozen of curious old Red Port, I Pipe of Port in'the Wood, 30 Dozen of .Sherry, Porter, Ale, a yellow-bodied Town Carriage and Harness, Pkasure Boat with Sail, Live and Dead Stock, Waggons, Carts, Farming Implements, Sce. of Mr. W. Dickenson,' Senior, comprising a general aisort— , mcnt of handsome uniform Furniture, in Cabinet and Uphol_ stery articles, Mirrors, ,&c. ; a 6-inch shod-wheel c 105!.., bodied Waggon, z Carts, Ploughs, Harrows, Stack of - Wheat, Hay, Straw, zo'store Pigs, Poultry, dcc. &c. To be viewed Saturday preceding the Sale, when Catz. logues may be had (at bd. each, to be returned to purchasers), at the Royal Hotel, Birmingham ; at the late Banking-house in Btill-street,, Birmingham ; and of Messrs. 4:.;ibboms and Jackson, 3, Bucklersbury, Cheapside, London. • • ESSEX. WALTHAM-LODGE, near CHELMSFORD, With immediate Possession. To BE SOLD BY AUCT!ON, • - By CHALK and MEGGY, On Friday the 2ist inst. it the l.ila is E,/, +,u, C 1 zlinsfi , rl, at Tlnee o'Cluck, unless previously disposed of by Pd. • Nate Con t rack, - • THAT. New-built FREEHOLD VI L LA, WAL- THA NI-Lt7DGE, most delightfully situat,:al in the Parish of Little Waltham, four Mites trout Chelmsford. at the union of the -Turtplice•roads leading to Cambridge and Bury, about 33 Miles from London. - The House, which is fitted up in a neat modern style,. comprises a Drawing- room 18 Feet by 16, a Diningparlout la . Feet by t 6, a Breakfast-parlour, five good shy 13ed-rooms, with Dressing and numerous other Closets: together with proportionate domestic Offices, and good. Water ; a Garden and Orchard, laid out with much taste, and partly walled round in a peculiarly private and subpantial manner, in the planting of which no Expence hap been spared, the Trees just arriving at perfeaion; has a handsome approach through a small Plantation. The detached Offices (which are also new-built) consist of a Coachhouse, with Servants'-room, ever the same, a Four-stalled Stable, Cow-house, Dog-ken nel, and Piggery ; ,the Premises altogether containing about three Acres. Also two Paddocks opposite, containing about flaur Acres of rich Pasture, held under a Lease for zt Years, 17 of which.were 4expirtd at Michaelmas last, at the yearly Rent of fol. The whole of the Premises are in a most complete state of repair, having been built hut ele4tri Years; during which time a very considerable Sum has been expended in Additions and Improvements. • Waltham Lodge is situated in a beautiful and healthy part of the County of Essex, where the Roads are excellent, and in a good Neighbourhood. Stage-coaches piss to and troin . London every day. This Estate is truly desirable for any Gentleman fond of the-Sports of the Field, there being.p len ty of Game in the Neighbourhood, and a Paul( of Fox-hounds at a short distance ; the River Chelliter running diteetly in front of the Irlotise, not only enriches the View, but also ailortk good: Fishing. The Fixtures to be taken by the Purchasers; the Fur niture, which is fashionable, may also be had; it desired and immediate possession will be given. For further particuhis apply to Mr.. Cookney, No. 9, Castle-street, • Holborn; ROJert Tindal, tray. ; or to Auctioneers, Citelinstoid. DIED. On Tuesflav last, Sir Lionel Copley, Bart. in consequence .01 his horse falling with'him. The same day, in the a lth year of her age, the Lady of Mr.. Richard l'otts, of Hackney. Or Wednesday last, at her house in Buistrode.strept, Mrs, Anne Pinfold, aged 8 4.• The same morning, at his house in Great George -street, Havilland temesutier, Esq.. Commissary Genera to the Forces late in Egypt, and in the Mediterranean. PRICE Uh YESTE '.' s 1 OCKS. i ,it DAY. ' 1 India Stock for Op. in il, • India Ponds, is. pr. - - Exchequer Bills, as. pr. par, ".13r. 3 per Cent. Deferred, Imperial 3 per Cent. - , Ditto Ann.. 9 t-x6th 9 Cons. for isth April, 6oti it Bank Stock% Navy 5 pet Cent. 92 } ; per Cent. 1797, shut Irish 5 per Cent. yoi 4,per Cent. shut 3 per Ct. Red. shut per :_7t. Cons. 6o Bank L. Ann. shut Ditto Short Ann. No. q, New Bridge-street, _radon. six, Edinburgh, May 2, 1300. • TN the Spring of 1794 I was Afflided with a Venereal Complaint, which . I treated With indiffer ence for five months; but was then obliged to apply to a regular Physician, who put a• temporary stop to the viru lence of the Disease (by mercurial applications) for some time • but growing, in spite of all medicine and the advice of time; first Gentlemen' of the Faculty here, worse and worse for two years, I was reduced to a state almost un:. paralleled and beyond description, being an entire leper, and ulcerated from head to tbot.—My head, throat, mouth, nose, legs, arms, &c. have been alternately in danger of becoming useless; in short, I have had from twenty to thirty eating ulcers on my body, and nearly totally de prived of sight.-:•-lt would be voluminous to particitla rizeaamy case—suffice it -to say, there never was, or eve r will ~ one of a more dangerous, or. of a inure compli cated nature. I was long looked upon by my friends, and imagined Myself, beyond all hopes of recovery; and, in deed, in my then comfition, death was preferable to my more than miserable state. In this dreadful situation did drag a most miserable existence, till Divine Providence threw in my way a Newspaper containing the case of a Mr. B. of Plymouth—my' friends read it, I could not.l sent and procured, some of your LEAKE's PATENT PILLS, which, by using from time to time, am now, and have long been, (after more than four years indescribable. distress), in as good a state of health as ever i enjoyed; as a proof of this,, I had a flue, thriving, healthy child, born'to me a few months ago. In gratithde to God, and in hopes of rendering my fellow-creature service, I • request you to' publish this; and you-may at any time refer persons who wish to be satisfied of the truth of this, or further parti. culars*, to me or my friends, by letter or person. As few cases for badness wdl ever equal mine, and none exceed it, I have from experience every reason to assure mankind, that iu your LEAKE's PILLS they will find a sure, speedy, safe, and radical cure, for than most dread ful sange of the Venereal Disease, which is called a co n,- muse Lots. JOHN THOMPSON'. To T. TAYLOR, Surgeon, ' • Lo, _ • Insurmountable family reasons prevent making my name and address public ; but creditables persons really wanting information may also be referred to me and my friends by Mrs. S. Clack, Ramsay-Gardens; Edinburgn. Prepared and Sold by the Sole Proprietor, T. TAYLOR, Member of the Royal College of Surgeons in Loit.l.On, at his house, No. ss New Bridge-street, Where he will give Advice without a fee, to persons tak ing these Pills, and will answer patients letters, if post paid, on the same terms, observing in all cases the most inviolable secrecy, no person's name or case having been mentioned,' but at their own particular request, by the Pro prietor, during the course or more than thirty-six years, that he his had the conducting of an extensive sale of the above Medicine, and the practice arising therefrom. • They are also sold by his , Appointment, for the conve nience of those living at a distance, by Mr., Baxter, South-bridge, Edinburgh; Mr. Macdonald, Printer,.G las gow, to whom also Air. T. refers for his address; at the Perfumer's, No. 3;, St. Alban's-street, Pall-malt; Mr. Robertson's Toy-shop, No. 503, Oxford -street; Mr. Dis borough's, No. 7, Fish-street-hill, nearly opposite the Mo nument; Mr. Steel's, Bookseller, No. e, Union-1 - 6 *c Litife Tower-hill; M. CallwelPs, Dublin • and by one person in every considerable, town in Great-Britain and Frelarid, in Boxes of only as. 911. each, sealed up with full and plain directions, whereby persons of either Sex may cure them. selves H ith ease and secrecy, N. P. Every Box sold in Great Britain •is sealed up with a Stamp, on which, by favour of the Cortunis sLiners., is printed, at the Sta!lp-Olfice—" T. Taylor. No 6, New. Brikt-street," to Mutate which is telony,*and all others are counterfeit. , LONVON : Clint:al - by 1414:HARD HA IZ RIS, of No. 4, Nlattivt-4xurt. Bow-street: and V J bliSlted i . 1)- ! 11, 11.1.1 A ‘ , l AR.hil C. R rk s SC R. IF ps, of South Million. Stft - ..q, C rosvet;or-S(I. , ,MC i 'e • At the SvN.,)viicE, N 9. 112 Stratu,l ' wig:re 4drerM." At iients Orders :or the te , ,,Letters foN the kidit , r M: /host p-iid) b:• Mai' • ad:lressed, • • .0 .1 DAIA'SON V. ATTY. This was an aftion on a Policy of Insurance nem fiC t OdS, on board the Ship Hermione, frOm Liverpool for Messina and Sicily, under Written for 1001. upon a premium of eight guineas. While proceeding on her voyage, the Ship was captured, by a Spanish Privateer from Algesiras, and carried into Cadiz. The necesOry fads of shipping the goods, and the subsequent eaptnre, being proved, Mr: Goa ow, for the Defendant, '.endeavoured first to she‘v that, there - was a collusion between the Captain of the Hen:ill= and the Captain of the Privateer ; as it appeared, upon the evidence % 'that they did not appear to be inimical to each other but, on the contrary, had lodged at the same hotel in Cadiz, kept the same table; and ,were in habits of friendship. The Learned Counsel then con tended, that the Ship iii'question'Was an ‘AMerican Vessel ; or,. at leak from the evidence, was repre. sented to be such ; and therefore he objeCted upon a 'point which he considered to be perfaly now in the do&rine on insurance; and called the attention of the Court particularly to a furtherinvestigation.— .11 this Vessel were an American bottom, as he must take it for granted, - from the evidence, that-she was, he contended, that, according to the Treaty between Spain and. , the United States, it was necessary for the Captain to have what is termed " a sea-letter," as well as a certificate, from the proper officers at the port from whence his Ship last cleared out, testi fying that she carried no contraband goods ; 'he, 'therefore, submitted, that, inasmuch as this Ship had been represented . to be an American, it was neces sary these documents should be produced. Besides, he contended, that the premium would have been double had not that representation been made. It appeared,. however, that the.representation had not ,come direCtly from the Plaintiff himself ;. and an advertisement alluded to, stating her to be an Ame rican, appeared some time after the Policy had been effeeted. The Vessel was said to be a general Ship. Lord EILENBOROUGH thought, that the do trine of representation might, _in many case's, be drawn too far; and should be received with great suspicion and caution. But in this case . there was no grounds for the Defendant to stand upon. There should be not merely an implied warranty, bilt an a&ual war ranty ; whereas, there was not a pretence for either one or the other. His - Lordship having taken a note of 3.1 r. GAR ROW'S ob3e6tion, the Jury found a verditl of 9i I. 12s. for the Plaintiff. COURT OF COMMON PLEAS,GunnnALL, Mmuctz s 4 SITTINGS AT NISI PRIVS, lIINFORIL LOAD C 1414 1, JUSTICZ MANSUILD t AND A SIriCIAL JURY. TIIELLUSSON V. CALLENDER. This was an ..kaion'on a Policy of Insurance, to recover from an Underwriter the average of the loss sustained by the payment of salvage. It appeared, That the ship Mary, with her cargo, consisting of sugars, to the amount of. 90001. and upwardS, had been consigned to Messrs. ('Con nors, Dublin, by Crossrnan and Co.. merchants, in Jamaica, as agents for the Plaintiff, In the month of June last, the Mary having taken in all her cargo, proceeded on her Voyage, but had not been long at sea when she was taken by a French Pri vateer., 'in whose custody she remained for a short time. She was. in her company when the' Flying Fish Armed Ship hove insight, and, bearing,down on them, took the Privateer, re-captured her, and. brought her back to Jamaica. It became necessary' , to pay, an eighth for salvage;, and the ship not being' in condition to proceed on her intended voyage, she was condemned in the Cburt of Admiralty, and sold/by public au&ion. Under this sale, Crossman