The Sun.
London, England, 1806-07-18 00:00:00

First Lottery

for IS-b.
The. Bearer of this Chance will receive the
;;;I—c,-..-Z; Ticket numbered as above, now deposited at the
stamp:office, London, if entitled to any benefit
*•'.4,"!•=)° above Pounds.

.o~+.~rn :rig

•.0~~ .a~

A. B.

Licence(' as the A&
•

, •
Every person will have liberty to sell Tickets,
Shares, and Chances, but no person will be allowed
to make Shares or IChances, or register Tickets, or
keep a Numerical Book, without having a Sharing
Licencg, which is to cost 501. •

SMITHFIELD MARKET, 'LILY IS.

This day's Market afforded but a scanty sup-
ply of different kinds of Cattle; 'Beef, Mutton,
Veal,' and Larnb'
,are somewhat dearer than Mon-
day's market ; Pork is sornethingtheaper, and the
trade eras incOnsiderable ; tlie: sales in the Hay-
market were•very dull ; Hay •and Clover obtained
higher prioeS than our last report ; Straw continues
the same as per last account.---We annex a.corre6l
statement of the prices and numbers :

To sink the Offal per stone of Sib. ' •
Beef ss. oil. to 3s 6d,,—Mutton ss. dd. to ss. 64.-.-Veal
6s. od. to 7s. ed.—Lamb 6s. od. to 7s. 6d.-1 ork ss. od. to
ss. 6d.
fteasts, 372. —Sheep and Lambs, 2760.—Calves, 20.
igs 300.
--- •

. • 7 - SMITHFIELD HAYMARKET.
Hay 31. los. to sl. ss.—Clover. 41. 4s. to si.
tos -Straw,
it. t6s. to 2i. 2s.

CORti-EXCIIANCE, JULY iB.—To-day but ~few
further arrivahl of Wheat, that of prithe quality be-
ing .still in demand, maintains its price • Barley in
.short arrivals, and is rather.dearer ; Malt likewise .;
Beans doll sale ; Oats are inlolerable supply, with
a few cargoes of.Voreign, and this trade for prime
samples, higher prices are asked ; some Rape Seed
is here, and expected in abundance at less price;
Flour without alteration. „

Wheat 6as a 74s a 86s od Beans .. -44 s a 5" °1
Fine ditto - Bss a gzs ot! Tick Beans 35, a4ts od
Rye - . - .36s a 42s'od ,Vats 23S a 28S a 3ts ad
Barley - - 3a5 a-38, cd Poland ditto ,3is a 349 od
Matt - . 63s .3 73s cd Rape Seed -35 l - 381
White Pease sba a 64s od Fine Flour 7os a Iss od
C fey ditto 4zs a 469 od Seconds -65 S a 759 od

The late Capt. Lamas MORTL&M, of the dinte/Ope
Privateer, taken by a Spanish armed VesSO of snpe-
rior force, on the coast of Chili; was the only
.I?ro-
ther of Capt..Lnwis Mo4mooft., who was killed on
board His Majesty's Sloop of War the Waverine, in
an engagement with. two French,Luggers off Bou,,
logne, in January 1799.
YMerday o.ertmon. Mr..81.111T0,k, of the Strand,
.
undertook, for a considerable wagerp to walk against
time,. once round Lincoln's-inn-fields, which he
performed in 6. minutes and 2. seconds ; the time
Limited was ,13 minutes. - •

Atr/.:-ipiii6E.tg',

C3tiRT OF COMMON PLEAS, juLy

• . ~ • . .'•'t ,' . . „
311 TINS AT' NISI fRIUS, BEFORE LORD Cii1,5.1" J,L15:73.ct
waNsrht...,•Rlty skEcini. juitli`.." ' "'
. .

PRIgTEkS' iiESP(iNSiBILIT

GILLET V. MA NV /t;

'This iA'as in aetion, for Wor,k and labour; and fbi
ritoney had and
,rcce;ved, broug-ht to- recover a ba-
lance of tbB-181. upon an account atneunti., to
75.,2

M .
r. Serjeant VAyGIIAN-, in openirig the case of
the Plahitiff, said, this was anaction brofight ;,• •
cover a considerable balah-ce, due on s:tt
between these p::rties, . and he vi Bresti •ed
to find that it wit?:, 'to
,be
,tried by a
H shOuld have contented himself oy ststii!,g thsi.
it was an a&ion for
.work and la botir; and inerely
observed on•the general fails, until he came to the
last.set-off in the Defendant's, particw4s; 110
was a charge for loss of.goOds and propety hy.fise,
to the amount of 30001. of
not
goods the Plain-
tiff Was the insurer. • , It not was necesSarg for him
to state the resolutiophs of the Booksellers and
Printers upon this. subje&. The' former. Usselly
furnished the paper, and the latter made InS
charge for the printing, at so much per sheet.
The parties in this case cot-Awl-Iced dealings'in the
year 17g9, when the Defendant,'Mr. Mawnsan, be-
canie the successor of an eminent
.Bookseller in the.
Poultry (Mr. Dilly), add so continued dealing till
igos, with the Plaintiff, as his printer. It might
have been supposed, that, in cOnsequence of'tlit fire
at Mr. Gillet's workshop, all his vouchers hav-
ing been destroyed, be should not be able to make
out the account ' • but he should be able to prove the
fans beyond a doubt. There had been a mutual
confidence between these parties for many years ;
and be did not think it necessary to travel into all
the books which had been printed for the Defend-
ant; it was sufficient to say, that the works which
were finished, the Plaintiff wished to have out of his
way; but if it was to ee. contended that, so long as
a work remained on t ie Printer's premises, ready to
be delivered, he was to be responsible for it, it would
be miserable. to charge him with that responsibility
when it so remained for the convenience of the Book-
seller; and to make the present Plaintiff, under such
circumstances, the insurer of such property, was the
most monstrous proposition in law that ever was
heard of. These observations, he meant, should
apply to the only two works which should, he ima-
gined, come under consideration ; those were, Nu-
gent's Pearl Di&ionary, and The Younger Anachar-
sis's Travels through Greece. The first was almost
finished, and some part of it had been preserved
from the fire, and delivered, on the Defendant's ac-
count, to another Bookseller. As to Anacharsis the
Younger, it was a most ill-fated work. It had been
begun in 1804; the copy-right was nearly expired,
and every thing had been done to expedite the work,
and all would °have been ready fur publics on long,
before, but the Editor delayed the last shegs, and
although pressed exceedingly,• they could not be got
from him; and the whole of the work, s„, far as it
was finigheds was consumed in the gene:al confla
gration of Mr. Gillet's property. Wnat. was nacit
singular; Mr. Hamilton, another Printer,- had had
the same work alniost'finished, when tie was visited
by a similar calaniq. If then, the Editor did not'
supply the necessary materials to go on with the
work, he wished to know how thebefendant was
to beCome the insurer, unless by an express contract
to. that of ed ? No such contrad was in existence;
and if the Defendant had not effeded an in,urance
under such a contrast; he was liable to an action fOr
negle&, but it could not, in the present case, be
made a matter of set-off, If it was necessary:to go
into evidence of all the items, lie.was ready to do
so. A direct balance had been struck between 'the
parties ; but, for the present, he contented himself
by proving the work done, and would: await the
answer of the Defendant's Counsel.

After some observations on both sides, relati‘e to
the statement of accounts,

Mr. Serjeant SHEPHERD, on the part of Mr.
Mawman; readily admitted the portion 'of Nugent's
Pearl Di&ionary delivered, and various: other items
in the account, leaving .the question merely upon
the balance of 18181. which included the edition of
Anacharsis, and the paper delivered for that work.
William Mitchell, the Managing Clerk of the
Plkintiff, proved the Defendant's employing the
Plaintiff to print Anacharsis, and his computing the
amount, by the number of sheets, so far as it was
finished, which was within a few sheets; when the
fire took place, , on the 12th December, 1805, at the
warehouse, in Salisbury-square, when all the pre-
mises were consumed. Mr. Mawman wanted, the
work done with dispatch, which was effeCted as far
as it could,be, while supplied with copy by
_the Au-
thor; 'but, for want of copy, after frequent applka-
lions to Mr. Beaumont, the Editor, the Compositors
were first reduced from six to 'fonr, and, at last, only
one man was left on- it, in consequence of the copy
not being sufficiently supplied. The work contain-.
.ed seven volutnes, with •a. supplemental one, and
was finished; except the title and six 'or seven
sheets, which also might have been completed in a
fortnight or three weeks, brit for the delay -on the
part of the Editor. This was a great inconvenience
to the Plaintiff, who wished to have it cleared out
of his warehouse.

On his 'cross examination, Ile said, the paper was
furnished by Mr. Mawman, and Mr. Gillet wished
the work finished, not so much for the purpose of
bringing it into the year's account, as to accommo-
date Mr. Mawman. The yearly account did not
usually contain unfinished.works. die could not tell
how much Mr. Gillet had received from the Impe-
rial Fire Office, hilt had heardit.was'.soool. nor did
he know that Mr. Mawman,had attached any part
of that sum in the Mayor's Court, 2dr tile paper ,die
had. sent Mr. Gillet.

Being re-examined, he said, the damage's by the
fire to Mr. 'Gillet's private property would not
.b 0 re-
placed for 50001.
Robert Chapman and James Richardson, two of
Mr. Gillet's compositors, stated, they were employ-
ed on Anachatsis 5.- at 'first five hands were engaged
for several weeks upon it,' when some were taken off
in congequenee of the Editor not furnishing sufficient
copy ; they were at last reduced to one, whip alsova
put upon other work for want of copy.
were made for a supply of copy to 6a,
work; which at last was finiihed all but a few sheets,

might 'lave 'bee pietoll.y.tile beginning'OT
my if materials had been I.o.gulatly furnished.
Mr. Seryeant SHEP HERD, in oPezing, the, case 'on
the part of Mr. MaWMart, in a very elogilent
,tress to the-Intt,.obsetfVed, that.his Lei rne4,l3rother
(Serjeant.Vaughan), in addressing them, had talked
of his -Client; and the difficulty of making-out-an
account of all the business done for hiM by the
_ Plaintiff for the ldst few yeAs-•; but he begged to
a,sure the Court and Jury, that Mr. Mawniaa never
`Meant to avail- himself of such a circumstan'ce, for
h.id they called for= his books, they could have seen
evety itein and particular entry which constituted the
accounts between these parties. The cplestion was,
,whether a-printer; when paper was. sent to him, in
case such paper and the printing thereon be lost
frot any misfortune, by fire, or otherwise, 'be re- •
tiPonsible for the 'same'? In
,this case the complaint
was, that copy wits not- sent sufficient to keep -all
tie compositorA enniloyed, and great negled Was
charged against Mr. Mawman,- by the Plaintiff, on
this account ; and for this, it was contended; that
Mr. Mawman was liable to the:loss.
Lord Chief 'Justice MANSFIELD here interposed,
and asked, was not this point already decided ? In
the case of a tailor, could he charge for making a.
suit of clothes before they were sent home ? &c.
Mr. Serjeant VAUGH AN, in reply to the queStion,
adverted to the case of a ship being burnt in- dock,
when the builder was not-,held

Mr.. SeTjeant SHEPHERD then continued. In, al
lusion to 'his fast position, he said, that the tree must
lie where 'rt fell; that is, that the charge should be
made where it may be substantiated. 4. charge of.
negligence , liad been brought forward against Mr.
Mawmarr, for not. supplying a thing within a rea-
sonable time ; when it would. appear evident that
no time was lost on his part, and he had, in fad,. no-
thing to say to that matter ; this was a question. of
great rand serious importance: to Mr. Gillet, but of
little moment tp Mr. Mawman, except, so far as
paying a large sum of. money. What was called a
whimsical-set-off, consisted of several items of money
bad and received, property in h;tnelS, and that Mr. G.
was the insurer. et that properly ; and the question
Was., whether printers did not frequently elle& policies
of insurance upon goods in trust.? As instances
.of
this, he would mention the two Messrs. Woodfidl, and
seVeral others, who always considered themselves
responsible to the booksellers ; and, in particular'
instances, did pay for property so destroyed. The
work in question was a Novel, introducing. the His-
tory of Greece, put into the mouth of the younger
Anacharsis, who is supposed to converse with all
the Philosophers of those days., . and gjyes an ac-
count of all the laws; politics, usages,, and customs
of the Antients, and had been written, by the
celebrated Abbe Barthelemi. This work was trans-
lated by the Editor in question (Mr. Beaumont) ;
and because he could not spin
.his brain quite. so
fast as a spider does his web, and supply the
'craving compositors with copy as fast as they could
wish, Mr. Mawman Was to be charged with ne—
gligence. It was well ascertained that the prin-
ter never brought the work in hand, into the.
year's account, until finished ; , and Mr. Gillet
wishing toinclude this Work in such account, was
anxious to have it finished, and not to -obligo Mr.
Mawman, as stated on the
.other side ; for this
reason; and this alone,. the Editor was haunted by
the printers, and it Was an absolute fraud on Mr.,
Mawman to charge hith with this. It had .been
said, that -this was,, not a new work, and the copy-:.
Tight being nearly expired, when any one might
publish it, Mr. -Nlawatan was, therefore, anxious
to have it executed : but it, might as well be so
s tkl of Bishop Newton's edition of Milton's Works,
with his-elaborate notes upon it. Any person might
have published the original work, but it could_ not
be contended that the Bishop's work was not new
and exclusive property ; so it might be Aaidthat this
edition of Anacharsis, revised, altered, and with. an-
notations,by Mr. Beaument, was not a: new work ;
but if Mr: Mawman was so anxious to, publish this,
he mighthave employed other printers, as is usual
in such cases: But Mr. Mawman did not rest .his
case upon any of these grounds—his was a defence
quite foreign from them. Having heard. of the fire,
he was surprised that Mr. Gillet did, not see him
upon the subje&; and never having come to him,
he prevailed on a friend to speak to him about it.—
After some apologies, Mr. Gillet said, that Mr.Maw-
man need not be uneasy, as he should have. the po-
licy on goods and stock in trust. At that time the
policy had -not been signed, but the usual deposit
was made at the Imperial Insurance Mice. After
that time Mr. Gillet made- an application to the Fire
Office, and not having effeaed his policy, but only
.given in his particulars, they at first denied that he
. hactany .claim, but afterwards engaged to give him
50001. Hearing this, .Mr. Mawman (when the
Office was about to pay that sum), attached it in the_
I.layor's Court ; and Mr. Gillet. afterwards meeting
2 friend of Mr. Mawman's, declared that Mr. Day,
the Secretary to the Office,_ .who had been, his
Tgreatestenemy, was now his, best friend, as he ad-
vised him to claim only, for his ,private property, and
not for that in trust,. as. thereby he. defeated Mr.
Mawman's attachment, and he_ did not care for it, .
'accompanying' the expresSion with, 'snapping his
fingers: From this it-wasevident he Lad received
50001. to his, own. priVate use, insteadLpf,applying a
. portion of it to' goddt in. trust.. He therefore con-
tended lie had a right to charge Mr. Gillet with ,this
sum, as so much money had to the Defendant's use
--and on these grounds he was entitled to the set-off
which had b'ren made against the .Plaintiff's. clO7

•
wand. •
John PattersOn, foreman to the Defendant, depos-
ed, ,that he remembered Mr. Gillet) who was print-
ing The Voyages of Anacharsis the Younger, calling
at Mr. MaWman's shop in the month of Nov, last.
He came into the counting-house, and requested him
to write to Mr. Beaumont for more copy, that the
work might be printed before Christmas, for the pur-
pose of including it in that year's account. Mr. Beau-
mont, while they were in conversation,
.came into
the shop, and he and Mr. Gillet conversed together
tor some time ; when it was at length agreed bet Ween
them, that the Plaintiff should Send all the 'sheets to.
Mr. Beaumont, that he might make out the Index.
Mr. Beaumont, be believed, then went out.; and as
Mr% Gillet was leaving the shop, in a short. tittle after,
Jae said if the work remained a month in his' ware-
, house after it
.was printed, it, would be at _Mr.

LONTV N : Printed by R I CHAR!) HARRIS, of No. 4, Martivt-coi,!tt, Bow-street ; and
At the SUN.OEVICi, NQ. i 12, .Strand where AdVarillf27l267llS Orders f

Published b) WILLIAM Aamicaß SCRuurs, of South Molton- tree, Grosvenor.Auao
u* the Papee Letters fox, the .Erlitcir, &c. {cost-puid); must be acldressesi.