The Sun.
London, England, 1808-11-29 00:00:00

di ill ERI.CA

. SOUTH CAROLINA. .
Letter from the. Hon. 'omit ALs roN, Speaker.of
• House of Representatives of this State, to tiie.Presidept
the Unitecl States, covering the Restitutions of the Lest-
., stature of the iyth (t i.oie last, approbatory of the con-
; duct or the Administration.

Oaks, near Georgetown, (S. C.) July 6, iBoB.
Stu—The Legislature of S, h Carolina ckeplv
impressed with the situation , in- ~'which the. United
States hate-keen .placed-, by the unfounded' and- ar-
rogant pretensions. of the belligerent Powers of En-
rope—and aware of the-force derived, in a Givern.;.
ment like ours,• from_public opinion, have thought
it right, at such a crisis, to make known to the
worhi their unalterable determination to support the
tig!,ts and honour of our counirv, and to declare.
.their entire approbation of the prudent and dignified-
course pursued by its Administration. To this ina-:
nifestatiOu of their own feelings, they have 'been
yet further inducedoy the expression, io other parts
of.the Union, of contrary sentiments, at a moment
when, it is conceived, .that a sacrifice of the con-
flid.tng opinions of individuals, -and the- animos ties
of pariy, was demanded alike by sound policy and
by ptriutisin.

itesolutiois r Jove now the honour to
transmit you, Otifaiiied, ypu wiil.perceive,.the una-
iiinious 'concurrence 01 13091. bt.auclies of" Legisla-
hire.; a ;Conclusion -from .hence, however, either
that there-L,:iisted among- us a perfea unanimity at
Political,sen. anent, or that the
.present restrictions
upon our COLU'ulelCe were. but little felt by us, ivould
he 'equally erroneous. South. Carolina, like her
Sister Si:ate,,, is, to a certain extnt.,',cltracteriscd by
parties. The Lyislature, which adopted these ite.--
sblutions,'Consisted, use.the distinguishing appel7
latior-A,9f 'the day, of l',-deralists and K&publicans.
But, Sir, tio,',.ever we may ditlet as to questions of or-
dinary ptiticy; 'we'should deprecate as disgraceful to
us theritiV4 6i division where the' national honour or.
Interts'44re."concerned. the Off os attendant;
in.all countries, upon --a sudden susptilsion ut trade,'
many circumstances combined to render this State
tar from
.insensible but, if the. ,colisetiiezicesT or
privations resulting:to our' citizens trotn- the em-'.
batgo be great,f.their patriotism and public spirit are
still .greater; and persuaded, that those who
compose our. Legisla Lure nave been • the...fait h tut or=
ganS of their constituents, when -they declare their
determination, .at. every hazard, < to support the
general Government all measures calculated to
maintain the 1•4;las and support the independence
of the United States.'

" 1 1-14i'e the honour to be). Sir,
" Very respecliiilly, -your's; &c.
JosEPH.ALsToN,
'4, Speaker of the HOuse of Representatives, S.. Caiolina.!!

' THE PRESIDENT's REPLY.
To the Hon. I o:si,r to.tne House of Re.:

pre4entatives of Soiltli Carolina.

" Monticello, August. 4, 1308.
" SIR --I have- duly reeeiVe4 'your letter of
July covering -the Resolutions of the' Legislature.
of South Carolina of-June 29;' and I see in those
Resolutions a new manifestation of the naiional
spi, it of, Which South Carolina hils.given so many.
proofs. It is the More exemplary, as it, is cer.ani
*that no State sacrifices more by the operation of
a measure which, whether. to avoid War or to pre-
pare for it, -has been deemed equally necessary.
The unanimity of these Resoluti4Ais does peculiar
honour to- those individual, wiio, dilrering from
the mass of their fellow-L nizens in their opiniOns of
ernment, yet forget all differences NA hen the
rights Of their 'country are in question ; who, W-hen
it is assailed' by foreign wrong. and' menaced with
the evils of war, instead of encouraging enemies by
foreboding~ of weakness and .division, present to
them olio common and midi% icio() front. Persuaded
that
.the seiitiihents expressed in these.resolulions
are a true specimen of those entertained by the great
mass of ourfeflow-citizens, we may regret the evils
which a contr:lry, opinion in others may produce,
but we cannot fear the result of any trial they may
put us to.

" I receive with particular gratirication assur-
ances of approbation iron] the Legislature of South
Carolina, and will not cease in my endeavdurs to
merit a continuance of it. IL pray you to accept my
salutations and assurances of great respect and con-
,sideration.

" -TH. JEFFERSON."

•
PHILADELPHIA, OCT. ii.--Reparation for the
attack of the Chesapeake.—Thp.facts• 'stated in the
folloWing Letter may be relied upon, and we may
venture to say will not becontradiciteci by our Admi.-
nistration

" London, Aug.
DEAR Su—Finding that the negociation be-
iween Mr. ROSE and your Government has led to
various misrepresentations, and that the American
peOple are yet,,whody uninformed of the terms of
reparation, which Great. Britain was prepared to offer
k' the attack on the ckevepeake, I think it proper
tO communicate to you. the. following sketch of
thoie terms, that_your countrymen may be enabled
to judge of the disposition. of his Britannic Majes-
ty's Go'vernment to make honourable amends for
the unwarranted outrage . committed by Admiral
BRigLEY. ' .. • '
Atter expressing his Majesty's deep regret for
the tratisaEllon, and fits unqualified ackno.wledgment
of the printiiple that Ships of War of Neutrals are
to be free from search, Mr. ROSE was empowered
on the part Of:Great Britain 7—
" To reinitiurse all the expences. of repairing the
Frigate.
"- To restore the then' taken from—
" .To grant petisions to the, wounJed, acid to the
wives and families of the kille.l."

. .
The confidential Clerk of an eminent Clothing
house in the Strand, baving• decaMped with coast-
derable sums of money, an information was given,
-and. he was traced by two of, the Union, Hall Offi-
cers, Got:Vaud Lockie, that he had embarked in a
vessel bolind to. America, detained.in the 1.);)wils
for
a wind. They went of express to Deal on Salm-
day, and arrived there at an earn' hour on Sunda)
warning; utitbrtunately, the wind had shined earl:,
the ineceding day, and the vessel Made her %V ;,r
from Dungeness, with a fair aired down. Channel
of coutse the officers theii objed.'

THE INTERVIEW',

Tilt; modke,,, and the Bear,
Are met at Eifurth fair;
Bur, rilark me, n9i to dance.
Rug mounts on Ilruic's back,
Proud of his precivus Pack,'
Not hazel shut; to crack,

But crown;;, per Chance.
Let Bruin and friend Pug -
Greet with fraternal hug,
Through hollovVlieart, apd cold ;
Put should those friends so dear
pare play their gambols here,
Let them our British Bull Dogs feai',
•.
And- Ma,stiffs bold.

DUBLIN, Nov. ;4.

•
Thursday night, and the morning of Friday,.,
Was a most tremendous storm from the N.W. ac-
companied with Snow 'and torrents of rain .welear
by the accounts which have already reached OS, that
it was general from the moutls of the Shannon,'
and probably from the western' coasts of Ireland.
His Majesty's Tender, True Blue, lying at anchor'
at the Poole, was driven from her .mooring and -
,drifted a considerable distance on the field beyobtl.
Iciggell's Barrack.

A. large Sail-boat; belonging to -Col. WestrOpp,
loaded-with corn•-_at his quay, at .Bahysteen, four-.dered cam. her passage •to Limerick, near Ringmoy-
lan, and • the Master, ,Driscoil, with two hands,
,were drowned,. and the cargo losr.l Another boat,
loaded
-with caskw of butter to• alargeatdount, wLis
driven near ,some rocks, by which .slie Was
acid the-cargo, it_i-s,teared, much datna ed. Sevc-
ral lighters and 'small craft on
,the river, were (.)e.
stroyed, or 'cast adrift, and the 'tide being at S.pring,
caused many of the low-gtounds tti•be inunitrited':
lthe view of the.distant mountains presetited-at"-d.qi=
ight ati appearance of the in icicle of wriiirer; Iron
the quantities of snow which telt-during the night.
:.•Driscoll,.Vaughan,•and- Nash, were tile thri:e
sons lost in' the- aboye boatiAlehieh WAS Wrecked;
their bodies were washed on Shoile,' at iiingiiTrin-
quay, and on Friday conveyed on a car throngh Pal-
lace to their houses.--;-The jormer. has lett a -wi,low
and seven •children) the latter a widow 'and ei. ht .
There were three othertioms-there in great- ilistri!,ss;
one of them with a loading of hides tidal Lunetick
to Ennis
During- the. violent -storm which raged at ClOn7
mel and its neighbourhood Ott the night of 'Tues-
day se'nnitlit a bOat „laden with -butter, the property
ot'Messrs.,Cantweb's, of that town, was'bilged--and
\vein' down at the quay, there, by wind' the argo
was for the most part set atioat4—severalot the casks
(above 170 itr all) flame been • recovered 4-I wei)
Cion rneJ and Carrick, but •we• understand 3"are- yet
not be4ro of:

ENNIS, Nov.'l 8.

• •
'We had occasion to state, in a former, publication,
that some nightly ineetingsnt misguded persons had
disgraced a -liars of this county, (Clare) ; • and that
Rome fpjury ha beim su,r-uned -.by -individuals. con-'
ne6ted will) the collection and valuation of tythes,:-,.
We are now happy to say, that five fellows were
L'otiglit in here on Sunday morning List, and lodged'-
in our gaol, against two of ' %%horn positive informa-
tioa has . been sworn, for having been of a party
sided White Bob's, who beat and ill-treated on.e'
.Spaight, tythe-proaor to- the Rev. Kenne-
dy. Thisinan they took from' his bed and cruelly
111-used, compelling him to• swear that he never
.would' be concePned in the collection of- tvthes,
and forcing him to give up his book of. valuation;
&c. &c.
To the spirited' and prompt exertions of Thothas
Crowe, Jonas Studdart, and Robert Keau, ..E6qrs.
the public are indebted- for the apprehending of those
otFenders, whose punishnient Will, we, have no
.doubt, prove the best means of saving.from destruc-
tion a number of other unthinking persons, who
might be SeduCed to"engage in similar ails.
Nov. 19.--The disposition which manifested ita•
self in some of .1 he parishes in the West of this cowl-
ty, to disturb the peace,. has reached the ear of Go-
vernment, and• a subaltern, a serjeant, and ten pri-
vates of the Kilrush cavalry, a 'similar number
of the Kilmore cavalry, and a subaltern, a serjeant,.
and 20 privates of the Kilrush infantry, have been
placed on permanent duty. To this force is to be
added a company of the North Cork Militia, an order
having been received tor that purpose.

ORIGINAL ANECDOTE.--Two 'Englishmen and
an Irishman having been impressed in London, *from
whence they were taken to, a general rendez-vous
at Cork, to be examined concerning their places of
abode, profession, &c. —" Well," said the Admi
ral, to one of these originals, " what trade are you?'
—" An Upright, please your Worship. "An Up-
right," replied the Naval Pillar," What the devil
is that ?" "A Chimney Sweep," said John Bull. The
other Englishman, when interrogated, replied, " I
am a Downright, at your" Service,. Sir," i. e. a Shoe-
" Well Teakne;w4ere were you born ?"
"In the kingdom Dublin, your
"What is jour profession ?"--f 'A T4odenJeweller,"
answered l'at, shrugging his shoulders and scratch-
ing his head. " I never heard of a Wooden Jewel-
ler," said the Admiral to his elerk..--" look the re-
gistry.of name-s and trades." This book Was exa-,.
mined for two hours, and no such protessionl.ippear=
ed—thz patience sat the officers -being .exhausted,
they insisted the native of Sharizrockshire should
plain." Oct), dear Gvntremen,"
'nude Paddy,!"
pegs for a slater I"
rr
. .
Letters from the Guth regiment, Which was at
Corunna when the lass Packet sailed, have been re-
c: ivied, but they are dated, on, the preceding day, and
the efeire throw no, light oa the precise circumstance
Winch occasioned the recal .0f the ttan ports on the.
19i h. Tliey'!iieniihp, however, one tad which, of
itself, might induce precaution on the part of our
Commanders. One of the lette's says :—" Ti,e,
•ipanidt Ceneial CUESTA has , been deteCted M. a
",raitorous correliOndencewrilt the, enemy, and is
in 'ignotninions confinement." , rfheSe letters
it,v mention, that they had hard of a.severe aCtion-
near Bilnua, but had nut Elm.partittaks.

The LORD AfilYoll:i 1,1172Rir L 0417.1: ON.

• , . . . . •
_ .: On a
thinsd:iy last, , tintneralis. INl'..e-cirig rf th 6
.
Livery was hold a. the' NeW London Tat ern, Cheap
-side; Mr: Deity GOODBELIEkI,:, in the Clair;
when_ the following Protest ..and Requisi' kin , wer4
unanimous?y:agreed to a
and &plat:loon appointed,
with the 'Ohairinati, to present it to the Lomi
MAyon-:--- ,

TO THE RIGHT HQNOURArLE THE LORD
MAYOR; •

• "' MY LORD, NOV. 24, 1808.
" Having received .your Lordship's answer to a
- requisition dated tiro .2d Of 'Noveniber,lBo, and
signed by a number of Li, requesting your
Lordship " to convene a Common Hall, on an. early
day,- in order to take into consideration the laie Con
vention in Portugal, by which the
.eliara6tcr; honour,
_amtinterests•of the Country have been so
.deeply
affe4ed, and ',to, adopt such irieasures as it' fie
-deemed advisable:" in which answer you f‘ cJecline
to -convene a Common Hid]; as requested," and
assign as a reaibii, that "'since the ,date of- the re 4
quisition,. a .Court of Inquiry. has been iniiitnteci
by his-Majesty's- command, for, iitv-et!,i,;:itiirg the
causes:Whiith led to the Con veni ion alliid&d .to; that
.the-Court is now prosecuting-such Innu.ry," and
that you-are "of opinion, th'm a- rneetinA., of the
Livery of London in-CcinThidn-1-1,111-, on the subject
proposed by the requisition, pending such' pu'ilic in-
quiry, will be highly iinnecessary, unseaSoiloble, and
improper ;" We, the underi;igited L,ivetymen, beg
leave to observe;
. " Tnitt the rig=ht of the Livery of..LOndon to meet
in Common-Hall, to deliberate oil Matters of publiF
Ims been ever exercised,- with very few
exceptions, !Lit such exceptions have been 'tint-
formly sti Imatized with the reprobation -of, the
; •

if a Chief 'Magistrate' is' to grant such
Meettnp,
.whet) they coincide with his
,views of the pl,,,Het.; and utility of the lii a-sures to
be proposed, his e,,tldt. must amount to a violation
of the most sacrt.d rights,of the tll'ile6l-; inasmuch as
it necesBArtly deprives the people of the legal means.
of expressing their sentiments on all great. questions
atlect ug the coninion well,. and renders null thi
libel ties so repeatedly asset led by their an#esturs, and
su cleat ly •und emphatically declared ty -the- Bill of
itisitts

!'fiat WithreSpea to the date Of the requiiition;
we be to state, that it is snbstquent ti) the appoint.; \
Medi of the E.:min of Inquiry, andthat.oilier-i\leet-,
ipgs, have been held under similar circtim'stances, td
which no such objection has'been.made;
" That since the -Sheriffs Of Counties, o.f:ricers
appointed by the4/..'roWn; haie`iiut 'withheld troin
the people the exercise of .theright in question under
sch-spretence;" ,we cannot fornear" erp,ressing .•
astoniillinent and -displeasurei that the Chief Ma,
gist; ate of the City of London should, by .aliiinst ilia
first aCI, deny it to those to Who good °pi.;
pion,,, confidence, and sutftageS Ire' has been
deb'ed for his high Situation;
" That without adopting your Lordsh:p's r+ tion
respeding what•you term* Comrtof wi
trust, we may' be allowed tb exercise our. o-tn j
meat as to the instittitiOn a a tribunal 'unknown to.
the laws of this Coiimtry, appointed, by-thek.7.row
udsworni posseBsing -no authoritytto Cotbpcl 'the
• tend:ince of Witnesses, to administer. oaths, or to
acquit or condemn ‘the'varties, whole conduct,they
are investigating 3 .. • ,
That we cannot _observe, -without:real concern,..
• the , suspicion -which'. your 'Lordship's an swer ev
de.ntly implies, that the great body of the Livery of
London, to whom is'entrusted the-choice of a Chief
Magistrate,. 'of Sheriffs, Members- of. Parliament,
and.'of..other important Offiders,4ould so tar forger
themselves as. to .countenance' or adopt any, .p:o-
-ce•edings incompatible with the charaeter they Lave
'ever maintained., or:repugnant to the pure principles
of public justice; •
"'That we ,presume your Lordship may safely
,confide these.juatters untie Livery themselves, who •
'do not solicit your advice, but merely claim their
undoubted right, and leave them to be the guardians
la their own charader and honour; •
" That as the only ground of 'objection (to- put
;the most favourable• construdion .upcn your Lord'ship's answer). appears to, be. a supposition, .that
'since the date of the requisition circumstances have,
arisen to preclude -the -necessity of such a meeting;
we :beg to state to your Lordship, .that seVeral of the
names have been signed subsequent to its date; that
the Liverymen who signed it were generally aware
that it could not be delivered until a late day, and
that nrii material circumstance. had occurred to cause
a change, in their opinion as to the propriety or ne-
cessity _tliereof. For the.purpoSel .hol,v ever, of ob.;
viating every difficulty in. that resped,
We, 'the undersignd Liverymen :of the City_
of London, do hereby again -requestyour Lordshio
to convene a Common Hall,: on an early day, in,
order. to consider the late Convention in Portugal,. by
which the charaCier, honour; and ,interests of the
country have been-so deeply atfecied, and to adolit
such measures as May be deen:ed advisable."

- -
The above Protest and. Requisition were signed
1' nearly one huri'dred Liverymen, -and preseno-A last
Saturday, by the Deputation;, io the LORD MAYOR.
The tollo‘ting at-Awer'waS,re(arned the same day by
• . ,
his Lordship - •

4. Mansion I:lOuse,. Saturday, Nov.. 26, 1808.
fi The. Loin MAYOR presents 11is compliments tc
Mr. liepufy GOOD..‘EHERE. The • considerations
which induced the Lou). MAYOR to decline 'COLIN' en-
ftig the Livery. Of London; itneonnuori HA, on , tine
:requisition before presented;todn,n, tor the' ptirpo::e
'at considering,.at this. time, the,late:Corwention in
Porttigal, remain itt full force, and .induce his Lord-
ship .again to decline convening tire .meeting re-
quested by the renewed application in- tlie same
' terms, for tlte,Sanie purpose which
send by Mr. berm,' E oticmcrigirsiiii4 morality.
.‘ The. LORD. .‘,VA YOR greatly regrets to find him,
; self obliged,' in the official exercise of iris discretion,
1 to (filler from any part of
,the respe.ilt:ibic Livery of
Landon, in their vieiv bt thissubjee.t."
" Samuel Goodtel/4' re, EsS".bep"u y, &c.."

In- the turnip field of Mr.Tiromas Bell, farn-4n in
-
Whilhalb parish of Coyiagtoo, North Britoil, a iur-.
nip was. puited which weighed a stone and a hair
.E..glislrweight, including the slaw, hich was very.
proportionoble. It is believed' the largest'vyt
pfuducod in that part a the wuntry.

IPIM'

14'

LAW REPORT.

COURT OF EXC QUI-7R, Nov, 28.

GOLDEN-LANE BREWEY.

The Court ga,, ju,gtuel,f in this case. After
taking a review of the several Ads upon the subject,.
which gives the allowance to Brewers not selling
by retail, ttr-tv decided that the Detendants were not
to be conlidered as Retailers, and ordered judgment
aecordingli.

COURT OF KlNu's BENCH, Nov. zg.

THE KING V. FRANCIS BJIOWN_ WRIGHT.

The Defendant, Proprietor of a Liverpool News-
paper, had suffered judginent to pass by default, to
an information filed ex officio by the ATTORNEY-
GENERAL, for a libel w'hiclf appeared in the, Detend-
alit's Paper-in December last, against Government,
and refhttingon the Copenhagen Expedition, &c.:ot
which we gave the paitrculars on a former day.
Mr. Justice GItOSE expatiated on the evil ten-
dency of libels in general, and of this in particular, as
well as tho,liability to punishment of all parties con:
cerned in that publication, whether.privy to them
in. the first instance or not. The sentence of the
Court was—That the Defendant be imprisoned in
the common gaol of Lancaster for three calendar
months.

COURT OF CONIMoN PLEAS, Nov. :S.

WILSON V. TURNER.

This was the case of a malicious arrest, in which
occurrence Johnson, the noted Smuggler,was a party
Defendant, and has already been reported in former
Numbers of our Paper. The original motion was
fen- a new trial upon the grocnds of improper and
inadmissible evidence.

,Court, ii .pronouncing judgment this day,
observed, that in admitting the evidence of a con-
versation between Hill the Attorney and the She-
riff's follower, when..neither- parties were present,
the Learned Judge, who tried the cause before, had
permitted evidence which should have been rejected
in the.first instance. The Court could not place
themselvt:s in the situation of the Jury, and ask them,
selves whether this evidence might not - influence
their minds in the verdiCt they were to give.—
Taking the whole of the circumstance into their con-,
siderat ion, their,
,Lordshipswere decidedly of opiniOn-
that the evidence in question ought not to have bet.n
admitted, and therefore they ordered the Rule for
Ai new Trial to be wade absolute.

This being the 14st day of. Term, a number of
motions of course were disposed of, but nothing of
any public interest occurred.

NOVEMBER at.

.WOOD V. WEST.

Mr. Serjeant.SLIEPHERD had on a former day ob-
tained a Rule, -calling on a person of the name of
Greenway, to .spew cause why he should not py
the costs to be taxed to the Petendant, upon the
non-suit at the trial of this cause. At the trial itself,
Green way had; on the part of the Plaintiff, to prove
an admission by the Defendant, of a balance in .his
bands, on the foot of dealings between them ; it
appearing, however, that the balance Was the other
way, ,:tere was a. non-suit.--The affidavit of the
Defendant, upon which the present application
was grounded, charged G reen way with hay-
ing brought the action in .the Plaintiff's name,
(who had befoie that time fled the kingdom
to avoid prosecution for some offence), without
having any power: of Attorney authorising him
so to do, and for the purpose of • pitting the
money in his own pocket, in' the event of his
succeeding. It also charged him with knowing,
at the time of bringing the attic)°, that 'nothing
was really due to 'the Plaintiff; and declaring - that
he would go on. with' it, not witlistanding, in order,
as he said, to sweat the Defendant, Who, by the
flight of Wood, was disabled from ever 'recovering
his costs.

Jo reply to these charges, Green way made an affi-
davit, and Mr. Serjeant EST cootendel fr6m it, that
his client should not be made answerable for the
costs: The affidavit stated that he had been autho-
rised by Wood; at .his departure, to collea his debts,
and denied that in the present instance he kneW
there was nothing due by the Defendant; .on the
contrary, it appeared,, by the statement of the ac-
count, that there was a :balance in favour of the
Plaintiff, which was only•done away on the trial by
a set-off on the part of the Defendant ; the affida-
vit also denied that Greenway had brought the ac-
tion for his own benefit ; inasmuch as Wood, at the -
time of his flight, was not indebted to him in any
sum of money. Lastly, it WO& contended that the
Defendant had lust his time for 'redress, if 'entitled
to any, by not having applied, as he might have
done, to the Court, for seeurity for the costs, upon
the absence of the Plaintid out of the kingdom.
,Mr. Serjeant SHE:EI.:RD argued, that the 'Court
were called on, upon the face of the affidavits, to
punish Greenwey,, by making hitn .pay the coits.—
It did not appear, upon his own affidavit, that he
was properly, that is, in the legal sense of the word,
authorised to bring the attiou in the Plaintiff's
4-fame, but only to colleEt his debts. He did not ven-
ture to swear he had, nor did he offer to produce any
Power of, Attorney for the purpose. He had also
sworn the Plaintiff was not in his debt, which might
he' true, and he not the less intend to.put into his
te.yn.pocket,any money gotten by the suit, as there
was 'no dairger- of Wood's retartiitig 'to claim it.—
AS-to his knowledge that the 'Plaintiff had no real
doom! against the Detendant;That was manifest,
front his declaring. he wodld go on with the action,
at all evens=, as the Defendant could never recover
his costs, which had been' positively sworn to, but
which Greenway had never ventured to deny.—
The Court were inclined,to make the Rule absolute,
. for making Greenway answerable to the Defendant
for his costs, .but gave him till Monday to' IJrodace
his Power of. Attorney, if any such he had, to war-
rant his instituting this action.

WILLIAMSON V. CLEMENT.

The Plaintiff in this ease had lost a Bill of Ex.;
change which he had received from the Defendant,
uid -conse(Dently had no means of coMpelling pay-
ment when it becatne due. :The Defendant, how-
ever, agreed to pay it, provided the Plaintiflgave
him a brmi to indttnnify_him pgilti,4 any 'future ap_

pearance of the Bill. the Plaintiff 'consented, and
the Bond was executed, but the Defendant refused
to perform the promise, or restore the Bond. An
aaion- was brought to compel, the Defendant to pal,
the amount. according to Isis promise. ft 'tea, tried
on Weducsd:ly ja.it before Chiet. Just ice Ma hSFI LLD,
and the tuteui.tvl-1,3, that the promise was not ribso-
lutv, but coupled with the condition. that one Batt,
the acceptor, .should pay tile money to the Defend,
ant. Batt, however, had become unfortunate, and
.absconded with 'the Bod in his possession. The
Jury, however, conceit ing the promise to have been
absolute, found Icir the Plaintiff.
Mr. Serjeani BEST now moved for, a new trial
first, upon the ground that the promise was -condi-
tional ; and second, because the Defendants had re-
ceived no conAideration for the money.'-

The Court were of e)pinion that there was no rea-'
son 'to &Au. rh-the verdi6t on the first ground; and
as to the second, the motion ought to have been for
an arrest •of judgment.—Rule refuSed.

DEMURRAGE.

FLEMING t'. EMPEROR, WILSON, HEATH, &C.

The Defendants had freighted a vessel of the
Plaintiff-to go to Surinam, where she was to remain
sixty days, and then to return with the first convoy
that sailed after the lapse of 'these sixty days,, or if
she remained after the second convoy, the Defend-
ants were to pay demurrage. The vessel was ready
to sail with the second convoyi! but Wilson, who
was Captain of the vessel, as well as one of the
freighters, upon .going on shore to procure some
'necessary papers, was illegally arrested by the Pro-
curator Fiscal of the Settlement, in conse(,-,2nce. Of
which the Ship was detained till the sailing of the
third convoy,' the. Defendants availing themselves
of the delay to take in . additional cargo. The
Plaintiff brought his a6tio.n for demurrage for the
detention. beyond the Sailing- of the second con-
voy, and the Jury gave a Verdi& in his favour,
subject to the opinion of the Court, 1% Nether the
Defendants were liable under .the Charter-party tin-
damages arising from • a detention which they had
not occasioned.

Mr. Serjeant LENs.moved, that the verdi& should
be set aside, and a. nonsuit .entered, on the ground
that the Vessel bad been ready to. sail with the se-
cond convoy, purs►lant to the terms of the Charter-
party, and that the detention arose 'from causes over
which the Defendants had no controul.

The Court, on examining the issue, appeared'to
be rather of opinion that(nobreach of the Charter-
party had , been cornm*d4l,;(as the _Defendants, had
been ready to sail with ttie second convoy, whatever
cargo they had, and, had aetually drolit down the
river with that intention : and that,. therefore, the:
verdi& ought to have been for the Defendants. The
Judjes, however, took time to insped the issue
more minutely before. they gave an ultimate decision.

DFIITORS.
MANN V. BLOOMFICL.D.

Mr, Serjeant ON§Low., moved for a Rule to shew
cause why the Defendant should not be discharged
from the custody._ of the Sheriff of Essex. By an
A 6 of the last Session' of Parliament, this sort of ap-
plication was
,pertnitted, when a debtor had been
imprisoned twelve months, solely uppn a debt which
did hot Originally amount to 201. exclusive of costs.
The present Defendant had been imprisoned for 18
mouths upon such a debt. He had an affidavit of
the amount of the debt—a certificate of the gaoler
as to the lime of confinement : and that there was
no other cause of detention; with an affidavit of the
signature of the certificate,---Rule granted.