The Sun.
London, England, 1806-07-23 00:00:00

surprised, had an inside door at his house, in Salis-
bury-square, with a spi:ing-lock, which cornmuni-,
cated with the next house, occupied by Mrs. Kers-:
lake, with whom he lived. This-Lady always opened
the outer door, and if she had anysuspicion of the
visitor, she rung .a bell as- a signal to Swinton to
make his escape through .a trap-door. Besides this
precaution, Swinton, when he went out, was always'
disguised in a waggoner's smock. frock, with a black
wig, and his eye-brows and whiskers blacked with
burnt cork ; he had also. in one 'pocket a brace Of
pistolg,ltud in the other a quantity of snuff.tothroW
in the eyes of any person who attentively seemed to
ottserve 7him."
Loiin CHANCELLOA.--" He seems to haVe Made
an attempt to brihg his" snUff-box here tb- blind our
judgment, but he may. be assured he, will not Sm-
.._

ceed."
The SOLICITOR GENERAL added, that, by these
stratagems, Swinton had long eluded his creditors :
but at last Chamberlayne promised Hall six guineas to
let' him into the house: - Hall consented' to betray
his master, and Swinton, after having been pursued
through *several trap-doors and' mazy labyrynths,
was at length arrestett Such was the real history of
the. bribe ottere:i -to Hall. But at once to decide the I
question, .it was only necessary to state, that the
conituission kid not been founded upon the denial
of the bankrupt to his creditor, but upon the fad of
his.abkonding. from , his dwelling-house, and taking
away his .property. This would appear upon the
face of-the proceedings under the commission.
Mr. CULLEN enforced these observations, and con-
tended that the Commission ought not to be super-

sided.
. _ .
LORD CHANCELLOR.•-••-•" Let Swinton bring an ae-
tick) to try the Aa of Bankruptcy if he ' pleases. ' I
would have him take good care that he is not a De-
fendant upon an 'lndietment. If these 'affidavits are
correct, it may be worth his ,while to consider what
`figure- he will make if he is indi6.ted for a ' ma-
licious-prosecution. I would recommend him 4 be
quiet, tbr should. he W prosecuted, he will be in a'.
situation of extreme peiil: Let him bring his aelion,
and I think .he will find that an a6t of bahltruptcy is'
not to be purged evert by Daffy's Elixir.".

IN THE ARCHES COURT OF CANTERBURY.
• BEI,QILE THE RIGHT 140 N. SIR WM. WYNbia.

KEMP V. REV. 'JAMES FILEWOOD, RECTOR OF SIBLE

HEDINGIIAM, -ESSEX.

This was an appeal brought by Mr. John, Kenip
from the Consistorial Court of the Diocese' of Lon;
don, against a decree of the Right Hon Sir William
Scott, Chancellor of that. Diocese, in a .cause pro-
secuted by Mr-. File Wood,, against Mr. John Kemp,
respeding the tythe of JOIN,
,and,Carrying away.' the
whole crop of carrot seed without setting out tytbe,
under pretence of selling thi same to a strange);,, be-
sides withholding various other ',matters of tythe
all which were adjudged, by Sir William Scott's de-
cree, ,to,be due to Mr. Filewood, with full
.costs' of
suit. .
This appeal_wits, a few days since; withdrawn by
Mr. Kemp, and the cause was
.sent back to the Con-
sistoriat Court...of London, -by which the decree of
Sir W. SCOTT was confirmed, and Mr. Kemp coh-
demned in the further costs of the,appeal. The ex-
peaces in 'both Courts are supposed to amount Ito
near 6001. the whale of which M. Kemp has
in-
curred by, resisting Mr. Filewood's-right to tythes. •
Mr.- Kemp has again compelled Mr. Filewood to
commence a new snit, for tythes become due Since
the determination of the.above cause, which, if per-
sistedin; is expeaed to be, equally as expensive to
Mr. KeMp as the former. •

COURT :OF KING's BENCH, limy 2r,

TYLER. BLACKBURN AND ANOTHER.

This .was an Action of Troyer, directed by the
LORD CHANCELLOR, to try the question, whether a
publican had been a sufficient trader as to come with-
in the Suituteot Bankrupts ?
.The Plaintiff ,had
,been a publican, and kept the
Three Kings' public-house, Orange-street, Red
Lion-square, and the Defendants were. Petitioning
Creditors under a Commission of Bankruptcy issued
against the former, , and in such 'charader had pos-
sessed themselves
.of his stock in trade, &c. for
which the a&ion was brought.
On the part of the Defendants it appeared, that,
the Plaintiff was constantly in the habit of sending
out porter, spirits, and wine, to hif: customers in that
neighbourhood, in small and large quantities.
The ,Learned Counsel for the Plaintiff contended.
that this was done in the common course of his busi-
ness as a publican, and pould not be within the
meaning of the Bankrupt Laws. But
Lord ELLENBOROUGII observed, this point had
been.already settled. If the Plaintiff could shew that
he had clone this only in one particular instance, then.
there might be some doubt of a general dealing ; but
it was a clear principle,that where g man held him-
self out to the world that he. Was ready to. deal with
every one, as in this case, that constituted:a general
dealing, and was fully within the, provisions- pf the
Laws against Bankrupts. . .
• The Jury act.-ordingly foOnd a verdi& for the De-
•fendants.

WILLOCKS V. POTTS.

This was an action upon a POlicy, of Insubnce
upon the Ship Uuiana, of and from Liverpool, to the
Coast of Africa and ,the West IndieS,‘ which was
captured by a French force.
Sir Nr.'Gthas stated, that the Sl4 in question
sailed 'from Liverpool upon her destined' voyage in
company with the Laurel;- both Ship; were armed;
and being-tosail in Company,- and the latter being
the heaviest 'metal, it was agreed that Captain
Philips, who commanded her, should have supreme .
orinnand over both, as Commodore.
,They•per-
fcaed their voyage to Africa,
.and were Proceeding
to the West Indies, when about eight leagues to the
N'vesflyard of Suritiam, they fell in with a FrenCh
Frigate,. which they' fought-for some hours; and beat
off. In ,this engagement. Captain Ilamsay, of 'the
Uriana, was kilied.; and Capt. Philips was wounded
by a cannen ball,' which struck him, and, after-
wards occasioned his death. In this diSabled state
Capt. -Philips, ever anxious fbr the interests of the
underwriters, considered 'l,vhat was best to be done‘
and bOreaWay for-Pemerora. In the course of this
voyage they weriz again 'attacked•by a French Frigate
of Superior force, whom they fought for two hours,