The British Press; or, Morning Literary Advertiser.
London, England, 1805-12-21 00:00:00

cf. the nmeth of Mateh, having previ.esly laid in
every thing necessary for that voyage con-
templating the event of the I).7fendant's family
(who Lad engaged the hest accommodrions, and
principal cabins, fire ) going along with Lim. How-
ever, during his absence from Bengal, the Defend-
ant, in dark and mash; -sous terms, intimated the
subsequent possihility of his not going, nr sending
his f yto Lampe, ; ,wwie, that season ;
althonyli he was wed ac.luainted with the situation
of the Plaintiff, and the necessity of his utialitting
to the order, of the Co.npanv ; the engagement, as
the same time that he WA, t sail in the era-
stung spring ; at. , notwithstanding all these des
lays, the aphow a‘e was the first regular ship ready
to sail ; and, finally, the Defendant expressed his
wishes CO he a isolved from his enirtra3. The
Learned c'ounsel then stated, that he would thew
the regular custom in these cases (and he was sere
rho I....anied Judge would give that custom th,
sainftion of law) was, that the party retrataing,
should pay one-half of the suta stipulated for,
a remuneration for the expenc and trouble the
Captain of such ship should necessarily he put to in
reparations for such passengers. This aaion. there-
fore, was larougbt, under that custom, to recover
otie-half of the st;pulated sum.
lit the coarse of the evidence it appeared, from a
letter written by the Defendant to the Mate of the
k.ipineseine, that he had agreed to pay 2,000 rupees
as a remuneration for his not sailing to Europe with
Captain Craig, ill? latter not being able to set out
upon his voyage at the time originally proposed
and stipul..te for.
Lord t 1.1 Etin'AdOUGtl here interfered, observing,
that it a man engaged to give another a passage, at
a specific pried, and is obliged to go elsewhere by
the order of Government, it mast he his own loss.
Every man who make: seth a ..ont raR, corttemplates
sailing at a certain time. His Lordship thought
that the Defendant appeared to aft with the great-
est a•tention to the Plaintiff, and considered his
offer of the 2,000 rupees as an ma of liberality ; he
therefore advised, that the Defendant should sub-
stantiate his original proposal, and the business
should he put an end to in that way.
Mr. Gs show, for the D.4iindant, coiild not help
observing, that his Idwdship had done justice to his
Client's chmaner and liberality. The money WAs
no objet to him ; and, if it were necessary, be could
have shown, by a great number of East-India Car-
;Ain:, that no such cesont existed, and they should
b ashamed to make such a claim.
A juror was, therefme, withdrawn, on the De-
fendant agreeing to pay the 2,000 rupee% originally
prnposed.

MA1101,404.4 •NOTHT.R V. smite.
This was an aftion for money had and received to
the Defendent's use. brought by the Plaintiff . who
were eminent grocers in Thames-street. against the
Defendant, as Treasurer to the West India Doer
Company. to recover back from them a sum of 491.
ts. 3d. which the Plaiiitiffs alleged was an over-
c.harge upon the s'.ipment nt sugars
Mr. Turetec, for the Plaintiffs. after drawing a
line of distinaion between the condua of individuals
and corporate bodies in such cases, the latter of
wham felt so little consideration in any unreason-
able transitaien in which they might be concerned.
stated that, by the Aa of the 39th of His present
Majesty, the West India Dock Company were au-
thorised to ere& certain docks, wharfs, qnays, kc. ;
and, by the 137th seftion of that Aft, in consideta-
lion of their expente, trouble, See. in erecting such
docks, &c. for the convenience of trade, they were
to have stipulated fees upon such various articles of
merchandise as should be landed, stored, delivered
out, &e. from their warebnives and docks : and,
particularly, upon the article of sugar, whidi was
the subjea matter in question, they were to have
9d. per hundred. upon delivery from the warehouses
and wharfs, in which sum was included all charges
for warehousing, landing, delirertug, cranes, Stc.—
In the present case applicrion was made to the
West India Dock Company. to deliver nut on
hoard a lighter a quantity rif sugar belonging to
the Pleinefi:, which WAirefuseJ, unless they shotild
pay at the rate of eighteen pence per hundred, for
wharfage. pitching, turning and shipping, none
of which cbarges were stipulated for by the Act
of Parliament ; which expressly limited the Com-
pany to certain charges, permitting them to reduce
those charges accordwg to the prosperity of the
Company. but no permission whatever to iircrease
them. The charges in the present case, were made
as upon goods for exportation. The Company re-
losing to deliver the sugars without this extra-
emetic being paid. the Plaintiffs were under the
necessity of paying it, And brought this anion to
reimburse themselves.
The faft of payment and refusal being prove!,
The SOLICIT,A.GENCRAL, tor the Dekodant,
contended, that there was a material difference be-
tween goods delivered Irons the warehouses and
wharfs, tor what was c tiled tile home trad. , And
those for expnrt.rioe. In the first case, the Com-
pany had only to let the goods down by a standings
from their Lifts, into the carts which stout to re-
ceive them. outside the warehouse, or into the
lighter which lay at the edge of the quay, and there
was no more about it ; but, in the later case, when
the goods were fur exportation, as in the present
instance, the delivery was attended with a consider-
able degree of trouble. He then went into a mi-
nute description of the method of delivering goods
from those wetehousre for the purpose of exporta-
tion ; they were first let down from the loft on a
truck, then they were carried 60 or 70 feet to the
edge of the quay, where they were pitched and
turned for cauperage, by several men ; then they
were asur in slings, and hoisted on board the lighter ;
ell this time, he contended, the Company were liable
to all risks off' bulging. !cc. ; and it was but fair
they should have some king more for 01 this addi-
tional trouble, and for ail the immediate or corn,-
siesentiel respot.sibility Attached thereto.
To this argument Mr. Tor e:ste, made a most
learned and ae:e reply, sitewing the great import-
ant e of the question, and the mischief which would
co; se ei.rntly ensue. if this Company were to be per-
Mitre.; so rtgulate their charges at their owe opticos.
In tee course of his argument. he ialladed to the
nee..h I tea Learned Friend, Mr. Gerrow, who
exesecerned in somewhat a similar cause some
torfressed a wish for the appointment of a
'4ot, to this Company, obsetvreg, at the
'* the, would take Cart and asake a

I W.