The Sun.
London, England, 1801-12-24 00:00:00

ntiOn he was ready to do, namely, to Carry tome
this Barley from this plaCe; now the prohibition
was,. equally obligatory on those who were to
carry away, .as on those who wereito ship This
article for exportation. .BOTh Shipper and Ship_
owner were prohibited. ITeither of the Parties
could do .that which was contracted, both being
restrained by she Ruling Power, the one from
putting ott, board, the other froth carrying away
' this article, and therefore this prohibition was to
be taken as an excuse fur both.. The Plaintiff could
not do that which.ht. had engaged.to do, and which
he, had stated in his declaration he was ready to do,
namely, that: he was ready to bring home a cargo'.
of barley from Liebau ; it was not true that he
was ready to do this; for he could not have biotight.
. it hole. if the Defendant had put it on board the
vessel. 'Th‘ same prohibition affeded both the
Plaintiff and the' Defendant. On These giounds he
submitted, that the'Defendant, in This adion; was
entitled to a verdiA.' But if his Lordship thought
otherwise,:and that the Plaintiff was-,entitled to a
verdk't, then: the question would, be, What damages
should be, giyeß? and:upon that point
.hiSLord7.
ship would excuse him for 'fiddressing the Jury ex-
clusively; as he did the Bench, on the .question of
Law, As toshe charge for demurrage, there way
no pretence for it:
Lord YUa. I think you are delivered in
this case froth deMurrage, for you told the Captain
on his artiya); that he might depart. At least I
am inclined to give way to you in- that part of the
• case ;,,because,_ as you told the Captain he might
depart, :for that you could 'haie no freiglA for him,
there could not be any
.necessity,for his Stay. But
upon.the.other point, I am, at present, deCidedly
of ppinion,apinst you."
.„
. Mr. Grans._." We say,the performance was im-r
po.-sible, for that we were under the restraint of
Princes."

Lord KENyort.--7". This brings my mind to the
consideration of a :principle laid down a great while
ago,
~and which, therefore, is now pretty 'Old Law,
and-what I have alway.s received as such, an-cl.may
be found in Coke Lit. Wherein I remember 'read-
ing, that if a man stipulates with another, that he
shall make a Fe4Tale4r: to another, and that he is
prepared to do it, butlieli prevented by a third
person ,vlto not Make Lifer}' and kizin, that
shall not deliyer the Party who undertakes to 'make
the Feoffment ; its is_oth,:r-,vise if the Party Himself
refuses„.for. there the pet-;oil un&rtaking shall be
delivered. - This is old and very well 'undersio-Od
Law" ; the
,principle of it is clear;. it_ is
tnan_undertakes what he cannot perform, he shaii
answer for_ it to the,perso-ri onder akesto., I.
wish, whenever I.can, to apply:Jim principles .of
4aw to the regulation of commercial dealings, when
-they come into,,question in,a Court of Justice, for
I -do not know how, I cari:do `fetter. When this
••
rule of Law was laid down, Commerce was insig-
nificant in comparison to -what it is now. Since
that time questions of, Commerce have branched
out in a 'manner, much. beyond. my power to find
out rules for-its guidance, and therefore I am
continually continually obliged to
.apply to Gentlemen in that
Box,-.for assistance in the Administration of jus-
tice in commercial concerns, nor can it be expeft-
ed that rules laid .down. when there was so little
Commerce; should
.be wide enough to ieach :all
questions which a multitude .of commercial events
have necessarily introduced ; but whenever a com-
mercial question comes before ine, to which a settled
principle of Law applies, I am happy to apply that
principle. I am,happy also, to reflea. that the
opinion I am now giving, may he reformed by the
Court, if 'it he erroneous.---The case, on thedc_
murrage, I think, is with yoU, Mr: Grails. The
other part,, I think, is against you.yob 3 think there
is.no pretence for.. the charge for the demurrage,
because it appears by the, depositions, that. before
the Captain entered the port, the Defendant's Agent
gave him notice, that he could nor furnish him with
any cargo, .as the prohibition ~of exporting barley
was then in force," •

Mr. G 1 BBS then proceeded to address the jury
on the question pf damages, and contended that
they should be very small, inasmuch as the Captain
w4s informed, and, indeed he knew, liumediately
on his coming into the port, .the Defendant could
not have this' cargo of barley ; he should have gone
immediately to_ home other port to seek for some
other cargo, instead of which he waited, the whole
twenty pi his lay days, and ten of demurrage,
when he knew, perfealy. well, it was a fruitless
stay, for, that he could have 11Q cargo there. In-
stead of ,which. he staid all his 3o days, and then
returned ,o Berwick,upon-Tweed ballast-,.making
the most of the possible charge upon. the Defendant.
The. damages were always.in.the hands of the Jury,
and he submitted in this Case, the'y Aiould be small,
hoping, however, that his Lordship would reserve
him the point o(Law. .

_
LoOrd.i4NY9'N.-, Can I stipulate- any other-
.bargain for the parties, than Oat which,,they had
made ,for ' themselves, and which appears. in the
Charter-party ?" . . •
One of the Jury said, 'f Suppose the Captain had
gone to another port, and the ship had- been lost,
what would have
.been tie consequence ? Could the
.Assured recover the Insurance ? •

Mr. Gin as said, it was certainly for the Jury,
under his Lordship's direction, to say, what the,
Damages were to be ; and his Loidship would say,
whether, in point of Law, they ought to give the
amount of the whole, freight.
Lord K,ENYON said; that the Jury need have no
direction, and
,he was afraid they could not have
much assistance from him ; but he was afraid of the
precedent' Of lowering the amount of the Damages,
which arose from the non-performance of a contrail,
the breach of which was stated at a given soul, as was
the case here ; and as to the discretion of the Captain
to go to another port, the observation ,which came
from the Jury Box, was quite decisive.—lt would
be wild work,- acid the Jury would do more harm
than they could repair, perhaps, if they were to lay
down a rule, even in the calculation of damages,
different from that which the, parties had stipulated
between themselves.

Verdi& for the Plaintiff.—Damages 4861,—the
deinurrage being dedigled.

PR ICE 0
YESTI

Bank Stock
Navy -5 per Curt., shut
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Irish 5 per' Cent.
4 per Cent. Con. 83a,
per Cent. Red. 67}
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Ditto Scrip
Bank Long' Ann. 19 9-16 i
Ditto Short Ann. 5 ;-16.F.
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; and Published by WILLIAM ARMICIER Scitte?9,, (of tiorse-ferry,ruad, WestzninstcAir:
For the Paptr, Letters for the Editor} ,&c, (p44-paid), must be addres4d.

, . .
Mr. GinM said, the point he shbald put to the
Court, if his Lordship: would leave it to him,
Whether., -upon tile construaion of the Charter-
party, the prohibition was not equally obligatory
on the'Deferidant as upon the Captain of the Ship ?"
LOrd KENyON said he had entered this in his
nose book—"Vr. Gibbs insisted that the
bition delivered the Defendant, from any obligation
to ioad the Ship, and that therefore the PlaintifFs are
not entitled to Freight.'k
Grßps.-2." In as much as the PlaintitN
Agent, the .Captain, was not capable of receiving
the goods, my Lord."
Lord KENYON said—" Yes,".and observed that
Mr. Gibbs' might move for a new trial.

DIED.
•
Last week, at Kentish Town, Henry levers, -Esq. of the
Kingdom of Ireland.
On Sunday last, Mr. George Wood, Merchant, of Sher.:
field; Ile served the office of Master Cutlei. in the yaar 179.1.•
On Sunday last„ in Harley..street, -General Ba:hurst, of
Clarendon Park, Wilts.
On Friday, the iBth inst. at Southampton, Bennet Langton,
Esq..; of Langton, near SpilsbY, Lincolnshire, aged Os years_
On Monday se'finight, in the neighbourhood of C lasgow,
Mrs. Elizabeth Buchanan, widow of the late Willizuri Bogle,
Esq.

STOCKS,
ERDA.Y. -
India Stock
Excheq. Bills par, s. prem.
Fundable ditto prom:
3d Exchequer Bills par
New S. S. Stock •
Oinnium
Itoper.•3 per Cent. 66
Ditto Ann:
Bank tOr Account -
India for Account
Consols for Open. OH

MEDICINE ACT.

- *At:the onry Warehouse for Dr. lAMES's POWDER,
No. 4.5, St. Paul's Church-yard, a few Doors from the
•
Corner of Cheapside,
THE
following MEDICINES are Sold, -at the
Prices annexed, inAusive of the Stamp Duties ini-
posed bythis Mt ,but no'additional.,clrarge has been maceupon. Dr. JAMES's POWDER, which is continued at
the priiinai Price of 25. 6d.. per -Packet. I;. may also be
had at 11. 45., 11er Dozen; or the quantity of a Dozen
Packets in one idtttle for 11. as. 6d. Duty included; 5o
that-the Public.are no surii!---ers. •

But in order to facilitate - the operation, and to lessen the
burden of this •Aa,- which would in a great measure have
proved-a Tax Upon Benevolence, all the. other Medisines
are sold to any Persons purchasing. half a Doien, .or more,
free from the_ expense of the Stamps. . -

Dr:
_Pates's- l!pweler z 6 Cephalic ritiff.
Analeptic -4 6
.tic Steers's
Cattle Powder r 6 tic Lozenges • t
Dr. Flooper's Pills r
,r) —camomile Drops 5
Dr. Austin's Chalybeat Essence of Coltsloot. 3 .0
Pills • 4 o EssenceofPepperm. r ti
Berry's Bilious Pills 5 o OrMskirk Medicines 5 s
Dalby's'Carrninative t 9. Glass's Magnesia 3
rieltell's /Ethereal Spi- - Inglish's Scots Pills t 6
rit 3 6 -Grant's Drops - r o
Greenouila's Tinattres tsY Norton's-Drop.l 5
Tolu Lozenges Spilsbu.ry's Drops s a
Mr.sponceg Den tr. /rio 4_ SpeedisUari's Pills. tt a
Vreake's -rina. of Bark 3 6 EriglislitCoffee z 9
Huhatn's, by ditto' z- 6 "Dr. Solander's Tea z 9
Dr. Steer's Opodeldoc z 6 Jones's tt heurnatic
Convulsion Oil 2. 6 frinetu.re - 3 6
,• Also, the .Genuine Arquebusade, lately imported, and
most, of the other Proprietary Medicines in repute.. Orde4
for-. Exportation are supplied without Stamps, as before Oil
Act.

1. do
0 9

N. B. As many Persons, particUlarly Se'rvants and Ales.,
sengers, nnstake the House, F. NEWI3ERY, the Proprioo
tor, 1 under the necessity of pointing out, that it is at th•
-E4stE.hd St.'Paiii!s, 414.1TeSt. to. Cheapsidoi and that it
has a large White Stucceed Front,- ivith these Words in-
stribed : " THE. ONI Y 'WAREHOUSE FOR DiZ•
J tMES's POWDER." .

VENEREAL BLINDNESS,. Fec.
To Mr. THOMAS TAYLOR, Surgeon', No. 9, New
Bridge-,:s tn.-Tr, London.

DEAR SIR,
IT is with the most hertfelt satisfaaion that I
address you on the incomparable excellence of your in-
valuable Medicine, LEAKE's PATENT PILLS. In the
Spring of this year I had the.tnisfortune to-contract a Vent,-
real Complaint, attende&with the most alarming and clan-
gerous.•,symptoms ;. insomuch, that,l have been confined
to my room for a thole week together,: and not able to stir
out of,inor t ; I,had no rest night day, and-suffered the most
excruciating pain and torment, and what was
.still worse,-
my eyes grew weak arid dim, so that 1 could scarce discern
any object, if ever so close to me, and expected nothing less
than the' total. loss of my sight.—From- a-stout, healthy,
•and rather 'corptflent man,. I became a mere shadow, =lan
object of pity ancl miipassion; My friends had all given me
over, and thought my recovery impossible,* In tin s• dreadful
state, .aild expeding every minute to be my- laSt iii thil
World,• I was fortunately reComirtentled .by a neighbour to
try. your Medicine; but having tried all *medical aid to no
bepurpose, and being at an enormous expellee, it was some time
fore I could be prevailed on to take Rhein ; at 'last I seat
for It% bOxei• and before I had raken..thern„o.ll, I *build con-
.siderable- benefit ; 'my pains gradually decreased, and my- eye-
sight grew better, and,
,to the' great surprise and astonish-
ment of all my friendS (after 'taking three boxes more), my
-health and strength: 'was perfectly` restored, and I am now'
(.thanks to my _God and your. invaluable :Mealieines). as well
and hearty as ever I was' in My life. • •
' You are at full:liberty, to publish' this in any nixing!,
You think.*Proper, for the' benefit of society at large, tils'
whield shoidd have Sent you sootier, but was fearful of
relapse. I remain, with the utmost gratitude,
Dear Sir, your obliged huindle Servant; It, L. LEIGH,
I`ligh_street, Birtningham,,NOv 1799._ '
The above Medicine is earneStly recommended to .
•-'Persons that are in any doubt-of their being entirely free.°`
'every Venereal Affeation, p'artiularly to those about alter!
ing , their condition in lite, as it will certainly eradicate
every 'of-however
taint of that nature, -of-hoever long standing, °
however disguised under the appearance' of "other disorders
it may be; for Sccitbutie,- Glandular, and Cutaneons Conti
plaints, it is also recommended to be taken, especially
the Spring, Summer, and Fall.
' Prepared and sold by the sole Proprietor, Tnom A s Yi
A
LOS, -Member of the Corporation of Surgeons,. London, ao,
his House, No. 9, New Bridge-street ; where he will 01'4
Advice, without a feL---, to peribits taking these,Pills, 0';
will answer Patients' Letters, post--paid,- on the sarfi;
terms, observing in all cases the most inviolable secrecy,
' Patient's name or case haying been mentioned, but at
own particular request;. by, t he' P roprietot, during the coo '1
of- more than 35 years, that he has • had the conditaing-°,
an extensive sale of the above Medicine, and the Pratlic'
. arising therefrom: •
-
They are -also sold- by his , appointment, at the Pcr,
furner's, No; 35,- St. Alban's-street, ; Mr.' R„°.
bertson's Toy-shop, No. 103, Oxford-street; Mr, .stee,;',"
No. r, Union-row, Little 'rower-hill; and by one Pc,
son in every considerable TOWII' in. England, &c. -in boxf:
•of only 25. 9d. each, sealed. up, with full and plain Poe
redions, whereby ,Persons" of either Sex may cure that
set ye; with ease and secrecy. - 01
N. B. Each Box- sold in' Great Britain is sealed up ss
a Stamp, on which, by favour of the CommiSsioneZ.„/
prinF_ed at the Stamp-Office —" T. Taylor; No. 9, ',Der,
Bridge-street,"—td imitate which is Felony, and all 9'
are Counterfeit.