The Sun.
London, England, 1801-12-01 00:00:00

GEORGE V. THE SHERIFF OF MIDDLESEX.

This was an A-Etion brought for' Penalties under
the Statute for Extortion, of a 'Bailiff who had ar-
rested the Plaintiff in. this Attion , at the suit of
another for- i al. 16s. It -was nominally brought
against the Sheriff, but in:reality agaihst the. She-
riff's Officer who gave the Sheriff security for:his
condua, as is always the case, . .
It appeared that after the Plaintiff was arrested
on a Saturday, he was conduaed, by:his own desire,
according to the provision of an Aft of Parliament,
to the House of an Officer of the name of, Evans, in
Covent-Garden,- and that he was there for the
whole of Sunday ; that he paid the debt without
any 'further 'proceedings, and yet Mr. ERSKINE
stated, they contrived to charge him, one way or
other; no less a sum than 71. 6s. Bd. a, 'sum that
was shocking to think • of upon a debt of 1 21. 'and
nothing bat the ProceSs and Arrest upon it that
could be legally demanded. This Atlion was
therefore, for the extortion which,' he said, wad
evident from this sum of money being paid on this
occasion.. It appeared that Evans was not the
person to whom this Writ was dire led ; that the
Plaintiff was brought only to his house as a Lock-
up-house;' and thcreforeit was contended by Mr.
GAttaow, that Evans was not here employed by.
the Sheriff in this particular aft, and that whatever
belonged to it; the Sheriff was: not responsible.
Lord .3i.stwirom said, he-was-sorry. there was
such a• place 'as a Lock-up-house, and he felt no
disposition to screen any of those who had the care
of:such houses, whenever they did that which was
prohibited' by the Law-; upon' which subje& there
were many wholesome•Stathtes. Be approved also
of the doffrine by which the superior was answer-
able for the misdeeds of his inferior in all cases of
this kind ; the Sheriff was therefore responsible
for the condo& of his Bailiff, and it was well .the
Law was ,so, otherwise theTublic would have but
indifferent security, for indemnification against op.
pressive alts. . But then the Sheriff was only an_
swerable for the alts of his agents while they
were aaing -as such, the Sheriff would have been
.responsible to this Plaintiff, ..if the man who arrested
him had ailed in any way irftproperly, because, in
arresting the Plaintiff, he a6led as the Agent of the
Sheriff; but the man who took him into the Lock-
up-house, was not, in that respea, aeting as the

. - -
LQNDON : Printed by BUCHANAN Wl'vl ILLAN, (of Bow-Street, C9vent-Garden);
At the SUN-OFFItt, No. rz, Strand ; where ildvertitements, Orders

Agentor. the Sketif. If there;" wis any. Complaint
in that respe&, it must be made against. the.Bail.T
himself, who took the money, for in. so doing he
was acing for himself; and not against the Sheriff,
for, in that particular, 'he was not acting- in the
busines of the Sheriff. -
Plaintiff nonsuited.

COURT or COMMON PLEAS. Nov. 3e.

SITTINGS AFTER TERM.
WALKER against TlitiMAS.

The Plaintiff is an Autlioneer, and has an Auc-
tion Room in Dean-street, Soho, the business of
which is apparently carried on under the name of
Christie, who sells for the Plaintiff. •
A Gentleman of the name of Simpson, having
bought goods at, the Plaintiff's Auftion Room, to
the amount of io6l. 14.5. paid down a deposit of
zol. and gave a Draft for the remainder on the De-
fendant, whp is the Master of George's Coffee-
House, which was regularly paid.

It was alledged, on the part of the Plaintiff; that
in the payment of this Draft, a Bank Note for 301.
had been given by the Defendant, which proved to
be forged, and that; therefore, the Defendant not
tracing it to any other person, was liable for the
amount of the Note.

The Note was traced and respeCtively sworn to
from the hands of Christopher Christie, who re-
ceived it from the Defendant, and paid it at the in-
stance of Mrs. Walker, in the absence of her
husband, the Plaintiff, to a Publican in the neigh-
bourhood, of the name of Clarke, by whom it was
paid to Mr. Arbouiny a Brandy-Merchant, in Min-
cing-lane, who sent it to Messrs. Lees and Co.
Bankers, by whom it was paid to the Bank., where
it was discovered .to he a forgery. -
Mr. Bliss, one the Inspeftors of the,Bank, proved
the Note to be forged, and that it was one amongst
many which came from llamhurgh, but said it was
scarcely po3sible for any One except the inspeetors
of the Bank to be aware of the difference. He also
said that the Bank had formerly kept- all Notes
which were found to be" fOrged, but that within
six months past, - they had stamped them as forged
and sent them back. _

ChriStopher Christie,. the son of the person
.who
sues for the Plaintiff; and who acts -as •the porter of.
the lamer, swore to receiving the Note on the sth
of May last from the Defendant, and laying' it .on
the same day to Mr. Clarke. The latter made a
memorandum at the time he received it, of the
number and the sum, and also the person from
wham he received it, and the day when, which was
the sth of May. He was in doubt, however,
whether he had set down the day correctly, and was
inclined to think it was either the 6th or 7th of
May that he had received. it. .•
The Defence set up was, that the Draft of Mr.
Simpson upon the Defendant, was not paid till the
6th of May, and that therefore, the 'Note in que-
stion, which was sworn .by Christopher Christie,
to have been received on the sth May, could not
have been received at the Defendant's house. It
was sworn by Mr. Simpson, that he was accidental.:
ly present at the Defendant's house, when his own
DrArt• was present&l for' payment, and that it %vac
on the ,6th May • -
Lord ALVANLET having summed up the evi-
dence, observed, it was clear there had not been
two payments at .the_ Defendant's, house upon.the
Draft of Mr. Simpson.;
,the only difficulty that had
arisen was frOm the difference of, dates. The Jury
were to determine whether the evidence of Chri&to_
pher Christie was entitled to credit, setting aside
the mistake as to the .exaCt date, and whether the
Note in question Was actually received by hiM from
the Defendant. - •

Verdiet for Plaintiff for 301, being the amount of
the Note.

SMITH against GAIIEGAN.

The Plaintiff, ,who is a Taylor, brought this
Mtion against "the Defendant for t6l. 2S. being the
amount sofa bill•for:,c}oaths. , A letter from the
Defendant to the Plaintiff...was produced, stating his:
inability-at that moment to pay the demand..
The delivery of the goods, the amount, and the
letter, were admitted by•the =Defendant's- Counsel,
who resisted the AdiOn on the ground that the
Plaintiff had :agreed to give the Defendant twelve
months, credit, 'and that the first item' in the Plain-
tiff's bill being dated "the .2.zd' April, i 800, he had
commenced his AdiOn in Michaelhias iri the
same year, which was within the'twel:v-e months,
and therefore it was contended he was not entitled
to recover.

It was proved by the Defendant's brother,- thaf
the Plaintiff had acknowledged, that he had agreed
to let the Defendant have "'the goods at twelve
months' credit.

PRICE OF
Fine Flour - &ss to dos od '
Second.ditto 6os to 65s cd

RETURN OF WHEA
By Messrs. CHILD and Al
eluding only from the 16th
agreeably to Ad of Varliamc
68 Qtryters at 9os ad
46 _ at 88s od
28
67 - at 86s od
163
12 11 , at 84s ad
6tß

at Sos od

5o - at 79s od
10
4 76s od

J 9
1260

321
i7B --- at 73S cd
798 - at 72S od
241 • at •71S od
7.31
41
288
38

at 6s oil
87 at 63's od
31
Total, 16,989 Quarto
3d. lower

/'RICE Q.
YEST

Bnrik Stock
Navy
,5 per Cent.
5 per Cent.-1797,
S per Cent.
4 per Cent. Con.
per Cent. Red. 66?
3 per Cent. Con. 67
Ditto Scrip
Mink Long Attn.
Ditto Short Ann.
Ditto Scrip

Lord ALvANLEy observed to the Jury, that all
bargains' were to be considered as for ready money,.
unless expressed to the contrary. They were to
consider, in this instance, how 'far the Defendant's
letter, dedaritigThiSinability to pay, without no,
tieing that the 'Plaintiff had agreed to give him.
twelve months' .Credit, did 'away the effea of the.
.
parole evidence which had been given of the Plain,
firs having agreed to give that credit.
Verdia for the Defendant.

ELEVENTH 'EXPRESS.— No. 566 z, a Prize of
One Thousand Pounds, was sold, by :RicharAson,
Goodluck, and Co. ; who sold also, in the present
Irish. Lottery, No. 9278, a Prize of One Thousand
Pounds ; No. 1202, a Prize of One ThOUsand
Pounds ; and No. 3568, Five Llundred Pounds, in
shares. Tickets and Shares, warranted undrawni,
by the latest accounts; continue on sale at their
Offices, the corner of Bank Buildings, ,Cornhill,
and facing
,the gate of the King's Mews,. Charing_
cross, till Wednesday week, the. 9th of December,
when. the Express, with 'the last , Ten .Thousand
Pounds Prize, will be due in London.

; and Published by VVzi.z.z A.t4 AP MIGE a SCRIPPS, (of Horse-ferry-road; Westminster)
For the Letters for the Editor, &c, (post-paid), must be addressed,

We are informed . that the 7Cririd Menagerie'
Exeter *Change, is now in :r state of high improve't
men t, afiA t very cozisidErable additions have hero
made to that superb colleaion by the late East Indic
arrivals, eipecially—of curious _Birds; :,which will
render that. unique seleftion of .Beasts and Birds &pill
the four quarters of the Gl;)be, still more superiut
than riefore to every Exhibition of the same kind in
the Universe, by the almost innumerable subjeftst
of Natural History there open to the inspeftion
the Public. It has not only been Pideock's war"
mitted study to afford satisfaction and entertainmeot
by the great variety of animas assembled at an ex'
pence unparalleled, but also that they may be view'
ed even by the most timid and fairest of the, Crf"
ation, with that admiration which is the natural
effeft of their several and distina perfeftions.
N. B.—The roost money given for all sorts of
Foreign Animals and Birds. Enquire as above.

DIED. •
On Friday last, at Chelsea, the Right Hon. the Earl 4
Nliltown, Viscount Rusborqugh,,in the nd year of his age'
On Wednesday the 186 ult Mrs. Buckston, at her hotto
in Grafton-street, Fitzroy:square,
On Sunday night, at six o'clock, at her apartments if
Queen-street, Westminster, 'the orice.eclebiated. Mrs.
fird, who for many years was the ornament of the 8rit.1.4
S cage.

. •
CORN EXCHANGE,./ploNDe-Y,
We have had a 'great' many fresh :arrivals of Grain in sinc4
last week. Fine Wheal we:ltt<):l at a retitle-Um of full zs. P
quarter since'this. day se'rsmght.
There beint a gocid Show of Barley at' Market, that asticl"
went off full 3s: per quarter eheap,er,
oats; aline quality, are likew4e rather chiaper ; as 1.14
both Tick and Small beans ; also:White arid Grey Pease.
'Flour the same as last Week.

• --- ' "P.-171"17RX PRICE OF GRAIN;
..
.. -
.... -,- -. • .(a.)ir board. Ship,. as under: . • 4
Eng7.,NVheat 45,s- 58S
...c6s.l6ss cd Superfine old Milt a.---s 2
r in. . -- . - 7 ts a- --$ od" Oats - ZiS a 2,-.S-a -,25s "
Superfine .
.;•,.,,
Sas a—s od Fine -: - ,3Q s a 3255
FortiAzi do, .
' -. a."--s Od't Fine ord . -..._ 4 a ---5
0ne..., . k ,-, ,m -a od Sujoeithre: -, ---7 s a.--s';.
Superfine i ,-.- -- • a.---6 .0d "lciifite Pease 48$. a 505 "
Rye - - ' 265R524-Pcii Fitt. "- - --53 s a.—S-od
i
fine.• -•-•- 34s a 31‘..-o„0 Seiv Ecilers
~ -...t0s :CO 4
Si,pe,tfine:- - ..: oa a -s-.c4 ey•tiitto.36s.a4c-s a----6 04
Barley -28 s a-32s a, 356- 0.4- .ine..__ - 4Ss a 005 of
Fini . -; - - _ _ .os a 4js- od Small. Beans New 36s a 494
Superfine - . 47s a cos; o:c.1 Fine 1.11:1 - CoS aOs 4
Malt. - 4/3s a i6s a fins :04 Ticks; .new .., 3s a 375 A
Eine - .- . os a 65s.'oct 1 Q 14.-- - ,„,,. - 42s.°'
- .
FLOUR. -
•
Pollard. - - - :s.os to . ",,a
Bran gs to ros od -to -05 "-

,T MARK-LANE,
At Los 4s. . Meal-Weighers,ie
orNov. to the 21st of No`''.
It. 04
63s A
•6os rr"
551ssA
36s :1
55s 6j
545 0j
53s
525 di dl
is cd
50$ di
4
I's
at
'
4,c1 i
47 ocJ
46$ A
455 -A
445 ;ti
05 01
42,5 ad
415 d
405 od
3SS
345

325 Quartets at
298
3zB
10D at
426 at
35/ -----at
-
20. —
268 -- at
157
lo
• 6s .. at
at
445 ---f at
120 r-
tiq
at
579
230
1888
130
404
1236
756 at

'l.s,-average 595. lid.
han last Return.

' • A RETURN OF FLOUR, ,
From Nov. -147 to. Nov. 26, from the Cocket-Pfecc• 4,,
Sacks. s. d. Sacks. s, d. Sacks. sii 5
—I -at -IS' -8 • 87.• :al -66 • - n at uz, •
27. . at . 74.. 5653.. a$ - 65. .2, . 3039 at ' "*"
--5 -at •72 ' 6 - •20.-- at- 64 6 ' 72 'at 5
1.. At . , 79
~8 30 4t 64 - 3
.6 • at. 5,
8_193 at 70 230 at 64 145 at 5:
16t pt 69 , 25$ at 63 : 49 'at 116
to at ,6S 6 5 at 62 10 25 at, 5. 1
393 ar—,6B 44' 'at- 62 6 6 'at !i). ,;
20 at 67 6 49 at 6z I 26 at 53'
172 at ' ti 7 -•- 43 'at6 164 3t at '5- `
___ _ _

, .
Total-19,p26 Sacks.-7 Average, 665. 4d.
6s. ,id.-higlief than last Return,

- • i vso
AVERAGE PRICE OF ENGLAND AND WA••
, • . Ending Nov. ai.. • - Si'
Wheat . 715. 7d. I Barley 445. ed. I Beans 445., 61,.;
Rye . -4is. pd. Oats -255; id. i Pease 455i.,,,r.

F STOCKS,
EI(DAY.
India Stock
Exciter]. Bills los. 9s. r nveto°
Fundable ditto prein•
New'S. S. Stock
per Cent.*t7st,
Omnium
Inver. 3 per Cent.
Ditto Ann.
'lank for Account
India for Account
Consols for Open. 6*

o'
T F the Next of Kin of MARY HEDLEY, of
ceased, who lately lived with Mrs. Blenkinsol,llo/0
Whickham, inkthe County of Durham, will apply
Storey, of Whickham aforesaid, they will hear of sow of
to their Advantage. The said Mary Hedley was bornbkie
in the. Neighbourhood of, Kirkharle, in the CoulacY°'
thlimberland, about the year 1737.
Whickharn, Nov. as, rEor.

• " HOSIERY.
COOKE continues to. have on Sale at his 114,
faetory and Nottinghain Warehouse, No. 434.,. I„,r,terf
an extensive and valuable Assortment of HOSlEKY°.:iitlit
deicription, which, for elegance, neatness, taste, and 4"rielt;
has never been equalled, and,, hkt flatters himself; can ou
be surpassed. The, many advantageS he possesses ovet'„cdree
other person in, this line Of business, and the pecui:4,
of perfection to Which, by indefatigable attention, ant OS
'
mited. expellee, he has brought his Manufacl 1 ory, wh'"atigu
afford him an opportunity of offering to the-Public 3,..rget:
of oods,. superiorin every respect to those of any
son, and render alb competition fruitless ; also enable 1:4, 0,
accommodate the Public, either in the wholesale, ict',slbil
export trade, upon terms more Moderate than Can
be afforded by any other House in the Metropolis.