The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-07 00:00:00

DUTTON r. CHANDLER.

Chief Justice MANSFIELD read notes, which he
had, on a former day, taken on this trial. The De-
fendant had contraeled with the Plaintiff for a quan-
tity of Cheshire cheese, then in the cellar of the
latter. When it was delivered, he obi. Fled to it, on
the ground that the Plaintiff's servants, in taking it
from the cellar, weighing 4, and piling it in heaps of
six or seven cheeses each, had broken and otherwise
injured it. An altion was brought to enforce the ful-
filment of the contrat, and a verdiCt found for the
Plaintiff (as stated in a forme! Paper.)
It was now moved to set abide the verdiCk, and
institute a new trial, on the cause stated.
Chief Justice MANSFIELD said, he thought the
Plaintiff was certainly culpable, in having moved
tile cheese; as that was a proceeding contradic-
tory to the instruCtions of the Defendant, who
had said, that he would send his own servants to
carry it away. The Defendant was a dealer in
cheese; but, as the Plaintiff was a linen-draper, his
servants were not likely to have much knowledge
of the proper treatment of the article they had
undertaken to remove. "We must grant a Rule
for a new trial ; and, I think, Brother Shepherd,
that on the Plaintiff paying the costs of the trial, he
had better let it rest here."

COWIN D. YOUNG.

This was an anion brought by a sailor, against
his employer, for wages due, on a voyage to Gre-
nada. On trial, it was successfully resisted by the
Defendant, on the ground that the sailor had de-
serted his ship, before she got into dock.
Serjeant COCKELL moved for a new trial, on the
ground, that there was no abandonment, in point of
law ; and on the further ground, that credit had
been given by the Jury to the testimony of the pilot,
to an extent to which he was unworthy of belief.
The pilot had sworn, that he hat not, nor could,
grant leave of absence to the Plaintiff; although it
was proved by other witnesses, to whom the Court
gave credit, that whilst the ship lay in the river,
lashed to an Indianian, preparatory to her warping
into dock, lie said that he had more hands on board
than be knew what to do with. The Captain being
ill on shore at the time, the pilot had the command
of the vessel.

The Count., on inquiring the amount of the sum
sued for, and learning that it was about 191. said,
that it was only in very particular cases, that new
trials were granted for sums under 401. and that,
therefore, in this case, the rule must be refused.
TEMPLER V. M`LAUGMLIN.
Mr. Serjeant Best. moved for a new trial in this
case. It was an aCtion brought by an Attorney, for
condueting a suit at law for the Defendant ; but it
had been so negligently managed, that the client
neither had, nor could have, any benefit from the
aCion ; and he therefore resisted .payment of the
Attorneys bill. The Plaintiff, in the action which
was entrusted to his professional skill, had neglerted
to examine the bail ; by which means, the Defend-
ant, in that aAion, had been liberated from the
confinement in which he was held ; and, on a ver-
ditt going against him, absconded. Recourse was
then had to the bail. for the damages awarded ; but
they proved to be men by no means competent to
answer the demand. Notwithstanding this proved,
in the end, to he the case, during the progress of
the aAion, the Plaintiff (in this adios') wrote to his
client, that he had had the bail cxamined in open
Court, and for his alleged attendance in so doing,
he had made charge upon Mr. M'Laughlin.
There were also, in his bill, several items for pro-
ceedings against the bail—men, who, from their in-
sufficiency, ought not, and would not, have been in
that capacity, if the Defendant had done his duty
in making them justify in this Court. Upon the
trial of this case, on a former occasion, a verdict was
given for the Plaintiff; but he hoped the Court, on
the representation of the fiats stated to them, would
set aside the verdift.
Serjeant rr H ERO, for the Plaintiff. contended
that the Defendant could not say he was altogether
defeated in his anion by the negligence of Mr.
Templer, for it had been prosecuted with success,
so as to procure a verdiA in his favour; and al-
though the Defendant its it had absconded, and the
bail proved incompetent, still he would be able to
take advantage of the judgment, whenever the man,
against whom he proceeded, could be found.
Serjeant fi A I LET, on the same side, arued, that a
professional mats was not responsible for any acci-
dents that might arise in the prosecution of a suit ;
nor could a remedy for any negligence be had, in
the way in which the Defendant in this aelion
sought it, viz. by resisting altogether the attorney's
bill. It is net, besides, apparent (even were the dan-
gerous and difficult-to-be-liraited dotrine admitted,
that attorneys should he responsible for the failure
of their client's causes) that the Defendant may not
ultimately have the full redress which he sought
in the adios against the man who has absconded,
should that man be found ; and then, what pretence
would there exist for depriving the Plaintiff in this
anion, of the honest price of his services
(:hief Justice M *Niel erri.—" It is very trusts
it is not certain that the fruit of the suit out of
which this action has arises, is wholly lost : all that
the Defendant has really lost, is, the having in cus-
tody the body of Gardner, the original Defendant,
against whom he proceeded. The bail, or the
ITEM himself, may become of substance. There is
nu legal defence to this anion."
Mr. Justice ROOKS delivered his opinion, that the
way in which the Defendant should have sought
redress, for any negligence with which the Plaintiff
was chargeable, was by a cross-aetion ; by which he
might cut down the excess of the bill, which he now,
improperly, altogether resisted.
The other learned JuDoes delivered their opinions
to the same effeet ; and the Rule was refused.

The body of Mr. TwEscrviis AN. manufaeturer in
Carlisle, was taken out of the river Eden, near
Cargo, on Sunday sennight. Nearly a month had
elzpsed since the unfortunate GentlematY Left his
house under a pretext of taking a walk. Mr. T.
for some time past had at times shewn slight syr-.4.1-
torns of an unhappy mind. He was in the 30th
year of his ages and has left behind him a widow
and three children to lament his less.

IC.f➢'JL ZNTLLLIGENCE.
PORTSMOUTH. TEL 5.

Arrived the Aime, Robertson, from London,
hound to Greriada-; Cygnet, Walker, from ditto,
fur Jamaica • the Sarre',, Wellson, from ditto, for
Gibraltar ; also His Majesty's ships Otter, Meteor,
Stend,,, and L'Argus, from a cruise.—Wind

PLYMOUTH. ice. 4.
Came in the Nerth Stop-, Overburg, from Oleron,
laden with salt, detained by the Lion privateer.
The ships in Cawsand Bay, have experienced a
heavy gale at S.E. with a tremendous sea, which
has detained the Kent, Pompee, and L'Aehilte, from
sailing ; the sea ran so high yesterday, that they
struck several times ; the Kent sprung a leak, from
which she makes eight inches of water every hour ;
and, it is generally thought, she must come into
harbour for repair.
The Geliatb, Captain Barton, struck her pennant
yesterday, and was paid off.
Arrived the Virago, gun brig, and Mutate sloop
of war, from Yealme river.
Sailed the Alcmene, 32, Captain Brisbane, for the
Irish coast, and the Harlequin, hired armed ship,
to the westward.
The bidi:fiti.vatte will be undocked this evening,
and the imper;cuse fills her vacancy. Wind, S.E.

DEAL, IEN. 3.
Came down from Sheerness, the Quebec frigate,
and the Mulitters praam.
Arrived the American ship Mar',, J. Knight,
Master, from Antwerp, bound to Portland, in
America; and the Americas schooner Nancy, J.
Bird, Master, from Flushing, for Rhode Island ;
and remain in the Downs, with the ships as per
last.—Wind S.W.

FOREIGN INTELLIGENCE.

FRONT FRENCH PAPERS.

-

PARIS, JAN. Q 9.
Yesterday His Majesty the Emperor and King,
surrounded by the Princes of his Family, and the
Princes Grand Dignitaries of the Empire, the Minis-
ters, the great Officers, Civil and Military, the Civil
Officers of his Household and of his Council of
State, received, upon his Throne, the homage and
congratulations of the principal Constituted Author-
ities.
The Senate being presented by his Serene High.
ness Prince Cambaceres, the Arch-Chancellor cf
the Empire, his Excellency Francois de Neufcha-
teau spoke as follows : •

" Stag ! What a glorious day for all France is thie, which
seem. to bring bark to it light and life, in rests, ug to it the
presence of your Majesty ! What a glorious moment for the
Senate, honoured as it with your august confidence, is the
instant when it is permitted to contemplate, in all the Mil-
hancy of victory and peace, this Imperial Thome, which six
hundred thous:old men in arms, flattered themselves they
should he able hi uvaturn!
Sire ! with what pleasure do we kehold you seated, after
so long an absence, and which, under airy other reign than
yours, would have been so alarming' We May justly say, an
absence so loin, although it has only lasted four months
Reckooing by the ntomber of your triumphs, these months be-
came ages; hut they were not less tartly, from our imminence
to behold arid poo.est the hero of our age, the deliverer of Eu-
rope, and the father of his country.
Notwithstanding, we feel it our duty to inform vow Ma-
jesty, that you have never ceased to be present in the lessoln of
the Senate, Sire! not only by that renown which fills the uni-
verse, bit' by that feeling which attache' us all to your Ma-
jesty, and unites our affections raid destinie: to your;. From
the inunierit that your Mojesty announcel to us that departure
which we could not have foresees, all our hearty accompanied
you beyond the frontiers. The rapidity of vow march, always
outstripping our hopes. continually redoubled our yea). We
incessantly partici; attd in your dangers end your fatigues.
Your sublime exprosoons, your astunishiog actions, drew us
along with you an a kind of enchantment, which met with no
iriterruption Awing four months. Yes, Sire! withont taking
breath, we were present with you at %Yertiligen, at Ulm, at
Vienna, at Austerlitz; aud, in • more pleasing manner, at
Carluulte, at Stringent, and, lastly, at Munich. With the
soldier we marched from victory to victory; with the father of a
family, we celebrates! a happy arid illustrious marriage.
**But, after all these wonders, how impatieutdril we desire
your return! With what unanimous ardour would the im-
camse imputation of the first of these cities have pressed on the
heels of the Senate to meet our Emperor endow Hero, if lime
would have allowed you to yield to our wishes' or, rather, if
your Majesty's devotion to the public service had not imposed
it as a duty upon you, to sigealise your arrival by meeting your
Councils It is a trait in your Majesty's charade', arid which de-
serves to be remarked in your manner of seeing thing,--to reign,
with you, is to forget yourself, and to live tor others. Thus,
with your Welty, the labour of the evening has no other per-
spective er reward, than tire labour of the following day.
4. Ah, Sire! suspend, for one day, this unceasing activity t
all eyes are impatient to see Napoleon the Great--.ill hearts are
open to him.
"We shall not endeavour to paint what we feel- The
transports of the public joy will speak more forcibly than our
weak worth. There is one thing which the Senate reels itself
obliged to say, arid that is, that the sentiments of the people
are worthy of the actiona of the Prince. The French nation is
proud of its Monarch. See! all your contempocaries congratu-
late themselves upon the age in whichithey live.
Happy are those' who being able to escape or to survive
nor unfrirturiate dscords, to witness the glory of their couotrYs
and to contemplate the brilliancy arid prosperity which Heaven
sheds on this Empire, since the Senate, the People, arid even
Gad hicuteif, have placed the sceptre iu halide so worthy to
bear it
Ah ! from this epoch, how should Prance adore its fourth
dynasty. What pre'aleuri have bSeu resolved, both abroad arid
at home!

'6 At I :fame , in fart. the French name is respected; our
allies are antihrined; en, elbeniteerec.agnized as the enemies of
Eurdpe; and their perti,lious combinations Wee .ioly ..ers,.4 to
increase the spienJour of y our csown, and tour personal glorr.
Mut they coughed to make you even grrater than you are,
they could not have more effectually sacceedrd.
Abroad, your Majesty, always faithful to your principles,
inviolably maintains the union of liberty with the monarchy.
All our fears are p.ut, our hopes are ineremesi. Sire ! all the
Frew+ fed what they owe you. There is net one who does
not feel for your Majesty that enthusiasm which a rest
soul iinparu, and which meow to exalt the minds of others to-
wards it.

" Deign, then, Site, to receive, by those sacred titles, our
cengratuLdrone, our @mutinies-its, and our homage, which are
thove of your great people. Vouchsafe, best and most illus.
trines of Prdices to receive favourably those tribute, of admi-
ration, devotion, and respefl, which the whole Senate ha.oens
to offer to your Imperial and Royal Majesty and aliiiiitigh
your modesty spades, so humbly oh the nut-term.. iinallaws by
which that genies, which hos already solvencyl all oilier heroes,
now soirpuses itself, permit that we fulfil the decree of the Se.
wt., in snierrinly mendarring en the li.iviour of France the title
Gitnt--a title so Ira deserved ; this title, which the voice of
the people, which is, in this instance, the voice of God, has
enjoined us to decree to you.
In adding this glorious title to the contir.en expression of
the uniserul wish, we will conclude with these words, become
in France the national cry/a:nation, which floe (ant every
Irea.t, and which are eons our lip—l Pug lila Napo:ton the
C • rat ."'
His ?stalest/ ti:e Emperor and King answered in
a flew sortie.

MEETING OF CREDITORS AT GUILDHALL.
TO.11101t?!(AP. M. N.
•
Wi.,i,111 bey, TitcMeld-street, Mirly-la-Bonne, Mid-
die:ex, riarr - 3 11
Henry Comte and John Herbert,Bir:hin-lane, London,
merchants Gin
John Wright, New:gate-street, London, grocer 3 1 z
IVenjamin Cli•tolol, Smith's-rent,, St. John street, Mid.
dlesex, dealer anal elianinsn . .
Robert Moron, South Moulten.street, St George,
11.nover-square, Middlesex, coal mereliatit 2 It;
Joienh Dickenson, William Dickenson the elder, and
William Dickenson the younger, late of Broad-street,
London, merchants
Francis Straesy, Windsor, S.rishire, grocer • 2 1
tdward Hardgrave late of Whitcomb street, mime.
sex, but now of Lover Touting, Surrey, dearer sad. • •

2 Ift

_ •
clianman • 2 11
.
James Webb, Moulton, Northampton, Litman a 12
Moses Levy, Minories, London, niaruhent 1 It
John Alfrey the younger, Carshalton, Surrey, carpenter 1 I@
William Griffin, rate of Great Sutton-street, Clerken-
well, Middlesex, cabinet-maker 1 10
Richard Whiting, late of Da‘enny, Northampton,
brandy-merchant . lip
George Steednaan and John M'Lean, Lamb-street,
Christchurch, Middlesex, notatoe. merchants 1 In
John Willis the elder, now, or late of Wapping-street,
St. John, \Vanning, betiLlltscx, grocer - 1 '.."
Dew, Rnhard Collard, btotland-vmd, real of George-
street, AcLiliihi, Middlesex, no.d-ii.eralialit 1 1,
Francls Beedey and Thema,. ()wen, late of Rood-lace, ..
Lond.in, witte.inerchanti - t 12
DIVIDENDS.
•
William Leveridge, Shore•liteli, Middlesex, cabinet-
maker - .12
. .
Ebenezer Coombs, Sr. Jaihea's.street, Westminster,
stationer • 'lO
CERTIFICATES.
Sarah Anetie, late of Devices, iu the county of Wilts, dealt
and ellapworoan.
Jolun Mellor, now or late of Sheffield, in the county of York,
rope-ruak,r, flax-dies•er, dealer and chapman.
Alexander Cockburn, ol Gray's•inn lane, in the county of Mid-
dlesex, sa•ller, dealer and clasping's.

PRICE OF STOCKS, TESTEKDAY•
Sank Stock
9 per Cent. Reduced .. . 611 2 li
3 per Cmit. Coat. CH St
4 per Cent BuVli
5 per Cent. Navy 93
Long Annuities . . .17 j 19.16
linperiiil 3 per Cents CP:
India Stock
Initi , HOlldi Si 4i. pur9a. ~
Exchequer Bill- tvs.2t. prem.
English Lottery Tickets . l9l.dir.,
Consuls for.. 290 Ai
T. ilSliir Er, k-q,
4. Crirnhill, 9. cheenvekerpm. i.

rkicE OF IRISH STVGLJAN.
Gov. Debeolturei,3l pot:ent.. .. 7l e
Ditto, 5 per Cent .
Gmnd Caws! Lmn &rawl • 94