The Sun.
London, England, 1801-09-02 00:00:00

DEAL, SEPT. I.

A`b&lLßAL•tont NELSON still continuts the
his Flag flying on board the Aniazcn
"agate;

, .
, .
. . Arrived the Eugenie Stoop of
.War, Bold Gun.
1 •
otig, and Defender di tteo the latter from the West:
l'iard, and the two former Ircm a Cruize.
.Remain j.n 'the Downs, HiS Majesty's Ships
°l)e)::y.sieli, 71mriz ill ,: 1071, illbn aer, ' and Eugenie ;
12Pr'r,:•Iro/cano and V6uvius Bombs • Bad and
e.. ,-' i • •-.• • ' *• • - Pfe'zder• Gitn-brias, and Express Advice Boat.
A.r4ved ..,;e ----
r: Mt 'ar b LAls`, from Jamaica.
...yy, OUG
4he I ,-* '
qt
.the Fleetspnsisting of so or 6o Sail, in a
gale of wind ,fiye dayfafter sailing: -
-
....). . - SiIE.ERNES'S,,SErrr. t.

w•••,
1-1-I.ls Nis Majesty's Ship Giattoo,. of
SA. guns, Capt. Dif,o;cs.xti E, for her station down

~~,

YARMOUTH, SEPT. I.

.
..)-irrltt...Diana Packer, STEWARD, will sail this day
Iv • (.
?.U) the MaTkfo.i: Cuxhaven.
40 if editl-112ORoads, 'the Driver Sloop from a
fLuize; bringing in the Enterprize, PESTER MS,
011itiikripirkos fpr ',ikon, with. sundry
Zc)44/.s.


HIS MATESTir,PRINCE ADOLPHUS, P.R INC ESSiS
AUGUSTA and SOPHIA, and PitiNcEss SoPtitit of
GLOUCESTER, yesterday evening promenaded on
the Esplanade. The QUEEN and Pa.iNcxssELI-
ZABETH, accompanied by Ladies C 4 DURI-JAM anti
CATHCAR'T, and Mrs. WINIXHAM, rode out in
their Sociables on the Sands, and over the Bridge to
Wyke,.after which the. ROYAL FArs ILI' honoured
STACIES' Rooms with their presence.
This morning, after breakfast; the KING, PR INCE
ADOLPHUS, General GARTH, Colonels CART-
WRIGHT, FITZROY, and IVIANNIN6IiAm,, took an
airing on horseback over the, Hill .of Bincombe,
and Preston.

` HER MAJES+Y. ant the PR INC ESES rode through
Dorchester, and returned' back by Upway. ,
PRINCESS AbiELIA, with her favourite compa-
nion Lady NEALE, took their usual excursion on the
Sands.

It is a curious circumstance in The history of the
late Sir OEORGE• WARREN, • that he and his. Lady
were seearated by a decision Of the Ecclesiastical
Court, in consequence of complaints against each
other, not arising 'from any ads of criminality on
either side, but fronr" incOmpatibility of temper,"
and perSonal habits mutually repulsive. These
mutual obje4ians were strongly •stdted in Court,
and seemed to indicate unappeaseable antipathy •;
yet after this public exposition of their,grievances,
resentments, and aversions, they came together
again and lived with each other till death 'produded
the final separation. .

Mr. FULLER, the new Sussex. Member, is very
a4ive at Chichester, in promoting a Subscription for
the Widows and Children of the. Soldiers and Sailors
who fell in the late Attack off Boulogne.

The PREFECT OF LANDES has it seems sent
orders to the Mayor of each .Commune in his depart.
tnent, to draw up a listovithin twenty-four hohrs,
of all the Carpenters, Caulkers and Blacksmiths
under fifty years of age, and who-have a,settled re-.
sidence in their respeetive Communes, that they
may be inspeeted by a Commissary of Marines, and
that such as he selects may be sent to work in the
Arsenal .of ROCHE FORT. This mode, of putting
Artijil-er..F into refaisition, and. takinethem from their
harems and families, is what could hardly be expeOed
in a land • that,-boasts .the Occlusive ,privilege .of
enlightened lireeditrn., In this Country those only
are pressed who have employed themselves in the
naval service of Great Britain. 'The Advocates
for France will perhaps vindicate, this sweeping
mode of pressing in. their favourite Republic, though
they will probably still a,s bitterly inveigh against
that limited, necessary, and'unavoidable, pradice in
thiS Country.
The.late exhibition at Brest, of a sham Invasion,
Must have been highly diverting to
_the spectators.
It. has been cVer.,observed, that of all representa.
tions, there is'nOne more calculated to excite laugh.
ter than the rehearsal, of a Tragedy.

The choice of a new Elelor of Cologne, on
which the Chapter are now employed, will not be
easy., .If it be true that that Prince weighed nearly-
five hundred weight, it will be a difficult matter to
find any one to fill the ,vacancy. ,
The present age might be supposed to be cha-
raderized by the simplicity of its morals and its
exemption from luxury, since we see by Saturday's
Gazette Riches become banirupt.

Mrs. Bz.ixtmoTox, it seems, had signified that
HILL'S voice ''Nvould hest correspond
.with her own
at
,Covent-Garden Theatre. The engagement, of
•BRAHAi,I at -that 'Theatre will, however, afrord
her a .much more suitable musicareolleagiie,
what will STORACE say, if he should presithie.t6
:sing With any body but herself? ,
Artaxerxes is to be revived at .both Theatres,
for. the purpose of bringing forward the transcendant
powers of Mrs. BILL iNG.TON. • According to re-
port, _Mrs. JounAig is to appear in 4rta44cs, and
KELLY in Artaxerxes. This,. however, -IPUS be
an erroneous statement, gave ArtiJbanes
with gteat force, and as, :he, part of Artaxo-xe,r,
.if
'it -must be assumed by a fethale, is much fitter for,
JORDAN than-the hoary traitor Artabanes.
The -Newcastle Company, which removes 'to
.that place from Scarborough, in order to assisrin
the performances of CoottE, -returns to finish the
'Season at Scarbarough, when it is time for him to'
resume his station on the Lunion Boards. r';••

.
It it impossible to'peruse,-Without Admiration,
the style of the French Papers. In order to inform
us that shev are now become prevalent, one of
them : begins. by quoting a Lyric Poet, who says,
that Flowers are approptian: to different seasons.._._
He then informs AIS, that insatS have also their'
seasons in which they devour flowers. That C4te.r_
pillars haVe had their day ; that these have
succeeded by Earwigs; that Grasshoppers have
been the successors of the Tatter ; and that Snaiils'.
have also had their turn,
.01 the evil of the Present
day, Arg.s he observes, that they are "terribly nJora
crous, but that happily no great artifice is necessary
to catch them--and that when once apprehended,
they are easil), killed !

. Last week gave the finishing stroke -to the har-
vest of most of the Fariuers in the neighbourhood
of Lewes, who alt vree, that it has been more fa,
vourable and abundant than any they before rethem,
ber to.have experienced:
Last Monday morning some men employed, in,
loading wheat in a field in the Broyle, near
-Lewes,
belonging Co Mr. Wood, of Lower Stoneham, dis-
Covered that 'moCe 'than* one-hundred sheaves had.
been robbed of, their corn, by some.persons Who had
threshed or trod it out, and. left the grainless Sheave's'
exaals' in the same situation which the reapers had
placed them.

Yesterday at the PUblic ;Office, Hatton-Garden,
five men, apprehended •by the Officers in different
parts of the town. the preceding
,day, and lodged
separately in the House of CorreCtion,
.were ex,
amined, being charged on suspicion of breaking
into the house of the Rev, Mr. Evans, of Clerken-
ivell, about three o'clock in the afternoon, on Sun_._
day the 23d of the last month, and stealing cash and.
notes to the amount of iol..aild upwards.,-

Ain/k), tIVG. 29;

According to private letters froth the. iragriei
Count BE IttiStol2 during' his eibode in that City,
113 S hatl several 6onferenees with tH Metrthers of
Government, the klinisters for Foreign Arrairi atid
Marine, and the French Envoy; 't
The last letters froth 4at;!tion are as follows.:
We await with impatience the orenitig of the de..
liheration.respeding the last.fiectee.of the.lmperial
Commission. It is on the i7th of Augo4 that it is
to take place. The:greater part of the instetiaions
hitherto receiv.edby the Ecclesiastical States; go to
bestowing on his IMPERIAL MAJESTY unlimited
powers. for .settling the final, arrangement relative to
the completion..of the Peace of the Empire."
. General MoktA-li iSexpeded at Brussels,
It is said that -a -courier arrivetry,esterday morn,.
ing' from Rome, bringing the ratification of the
Concordat. '

We hear from LegAbrn, that the Deputies of the
K No 'of ETRURIA, and of Geller:4.in Chief Mt! RAT,
have returned frotri Porta Ferrajo, without succeed-
ing in their mission. A reinforcem'entiof .330 men
landed from the English Frigates, .has re-animated.
thecourage of, the besieged. • •

According to a list7published by the Synod of
Russia, there died during 'the last year, in the
thirty-two divisions of the Empire, '216 persOns.
too years, 61,1, 133 between rot and i roi• 26 be.
tween 111 to 114, 9 aged rzo, r aged 125, 2
aged r 30, and. 25.0 above 90.,
Letters from Dij".o;/ contain .accounts of a, most
destruaive storm, which has, recently happened. in
that part of the department called L'Auxeis. It
has caused great zavages in no less :than sixty.com-
Munes. Throughout all' the villages on the,side.of
Charni and Mont ,St. Jean, where the harvest was
Commenced, not•a single ear o.r grain of corn has
been left. All the viliages.from Vitteaux, Alnac,
and Saulieti, as far as Semur, have, been. equally de
iolated by its-dreadful fury; .
We learn from Jiasle, by Letters of the 25th, that
a proposition will be submitted to the Helvetic Diet,
which.is to meetatilerne the 7th of September, to
change some articles of the Prole of Constitution;
and among others, that according to which the City;
of Berne- is acknowledged the chief place of the.
Helvetic Republic. The Central Government of
Switzerland will probably he removed to Lucerne.
or.Arau. •

M. de SANDOZ Ro t,c tN, the Prussian Ambassa-
dor to the French Republic, lately passed through
Strasburgh on his way •to Paris.
A girl in Belgium, only seventeen years old, who
was married about ten months ago, has brought
forth four boys, all of• them stout, ,healthy and
thriving.

THE CITIZEN, .ELOITEN,' LIEUTENANT,.COMMAND-
ING THE 9TH DIVISION. OF THE FLOTILLA, TQ
',THE PRINCIPAL COMMISSiyAY AT CHERBOURG,
SUrSRINTENDANT INCHIEF WITH THE SER..'
VICE, DATED LA }WOVE, AUG.' 8. ,
" I take the opportunity offered by the return of •
a Seaman to Cherbortrg by land, to inform you. of
a slight encounter which I have had with an Eng
lish Squadron. The Enemy pressed upon meat the'
Coast near the Creek of Gatteville. I obliged them
to sheer off, after', roughly handling them-, though
we received no damage, nor had any killed. The
Soldiers embarked on board the Qin-Boats, as regu...
larly plied the oars zs experienced Seamen. I protee&—
ed on my course in view of the Etiemy, and anchored
at La ,Hogue, on account of the contrary winds;'
besideS I expea this night to be reinforced by' the •
Gunboat No; re, which was necessitated by the..
tide to remain yesterday at Berfieur. I propose tip
continue my course, and if ;he Enemy shews
self, we shall again ply, him With our thirty,six
ix-n'TTie
derls.Marine Prefect of. the Circle Of Havre; on
the'application of the .Rear,Admiralcommanding the
Flotilla, has reinforced him with seven small Boats'
in order to facilitate the service in the road of Dun....
kirk. These beats being arrived off.Cocq, Were 'sur..
roundedbya COrvette, a Brig, and Several
,English
Pinnaces—the Bdats; on account of their very small'
size, could not carry cannon, and the Seamen being
entirely destittite of means of defence, leaped' On'
shore. The English Pinnaces took poisession of
two of them, when a detachment of fifty men of the
• stst, which was patrolling in. that quarter, ran to
:the spot. ,These intrepid men foUght as I ifleinen in,
the water, up to the waist, .and commenced such:a.
brisk fire, that the Enemy. were -Constrained to
set sail, a.nd to, abandon, the I3OatS, except the twoi,
;al ove-Me ed ntion, which were out- of the reach br-
the musquAry. , •
is s'ilpposed that theFnigliSlreoriettes, which
• were in the Offing, had -lived rnoVe than-rOOO eanon-
shots' in order to 'favour the 'enrerr:prize, and in the'
hope of silencing the fire of our eel Soldier's,. which,
• neverthtfep,'. rook great -effect:'_ The Enemy; in
• one of 'that) Pirinaces- arollei;
.had five or six men
skilled. Our Soldiers were:so dispeTsed as Riflemen
in the -water, that none .of them were either Killed
.or.kvounded. • . .
(Signed). , 3. LAvALLEvr."„

MADRID,,•ItILY was but this-daY'ihat
the:Treaty of Peace with .Portugal was published.'
The following are the principal Articles the
Ports of Portugal shall be shut against the."EniliS h.
Spain shall. restore the places of jur?tane;ta, 4r-
roaches, . Porto-Afki ro, ..1.-fa;-bficen a,
Cava Maggio;e,l and (:)-guelit,.. with
_the "Artily rj
and Stores belonging to shese,
retain the Towns 4r)(.1. Territory
.ofo/i,:i:e',c(4 from
the. River of La .Guadian,,.. `lnn the course of three
months the expellees of the War shaltbe reimbursedby Portugal' to Spain. "The prisoners shalt be' re-'
ciprocally restored. The :two High .-Contracting
Powers shall immediately' after, •teneiv. the ancient
Treaties of Defensive Alliance, modified ac(iording
to the a&ual, relations existing between. France and
Spain.
The First Consul refusing,/ as- it is known,. to
ratify this Treaty, the 'French Army was prepar-
ing to .enter,'Portuval; but the Court of Spain, in
order to save thiit)CroUtitry, ,prevaWd An. the. Court
of Lisbon to itcertidc to the demands of France, by
guarciiiteeing the integrity of the_PorTtiluese States-,
aeriUrdintrio:ih- Treaty. A Portu-auese Pleni

tenti2r7 la
-As toriseluently *iili perti;fg,k
The French Army *AS- Ordeted tis halt; and the
Pk I Uf PEAct is icturne(l to Madrid.
• On Ito iSthi Admiral Titi.TCUVi.atiiiled-,hin'e,
iviill his principal Ogicers: It is believed .1.; .t he
pi•eteed to paVizi to take the corn•na,a.l J 1 the
Combined" flett:

Tile English havt alitacly Made tvio rate: t ,r 5 Lni
carry off of burn the Ha wlitch e.s ct at
Algezit'as, buc they ha vebeen repulsed wilhio?s.---;
(Courif+ d Mi/a/z.)

liAcuE, Arlo. it.---Sonie of the Bomb,ketchet
of Ashniral GazivEs't Squadron:approached] the
day.before yesterdayod near the Road of tiekofi:.
lhol, that we imagined an attempt-wa-stmeditated
upon the Fleet---but searee:y hrid the .I.:atavian Bat-.
teties fired a few shots at the Ketches, than. th 4
stood out to seas

BR iST, ArTC":22.."-FOUr Cht7iSe xaiies- laden with
salt, after doubling the }lin of Pennenmrk, were
chimed about 9 in the
,tmuuing. by an Eng
gat,e;.:which. attempted to cut off :heir r:t.t'rear td
';`ludic..rne. The Officer* who co:nnidniied cite Battery
tried every possible ineans to protect them; but one
. of di* Was much- injured by •the fire of the Frigate,.
and the duce others, ran ashore on an: jn,errned i:ite
point. Notwithstan4ing the 's•irited fire inin-
rained by the Battery du. Sack, the Enemy :4(.:;'fire
to two and carried off another of the cl.iase
However, two Officers of the 4oth,and- s6erat
diers'succeeded in extinguishing it on boant. of •oue
of them, which they conducted into the 1):•rt of
Audierne,. whilst the Frigate discharged above 150
shot. We have' to _regret the loss of one man:
was killed. •

Three pinnaces, tarrying from 1,20 to tso men
well armed, and dispatched by the Sloops
of War cruizing about a league and a half Rom the
mouth of the River of moriaix, attempted, pre.
cisely at midnight, to cut out the Sandwich Cutter,
as she lay at anchor under the Batteries cf ti.e castle
du Taurean, but were repulsed with v.gc,...m, and
forced to make a precipitate retreat.
The Enemy lost five mcn and a bat, and one of
the Sloops of War had- a man wounded.
I T
• CONSTANT
INOPLE;JULY 24...--Laorci ELGIN, the
English Minister, lately
,bad an extraordinary at 4;
dience of the GRAND SIGNIOR, in which his..,ttighZ'?
ness presented. him with a superb aigrB4,Adorned
with brilliants, a horse richly caparisoned; sand Se-
veral Other articles of great value;

Great. iniMberiof Frenchmen Pa•fs through this'
City daily, who had been,kept prisoners in the
Castles of the Blaek Sea. They are on their way
to their native Country,
,and we are assured thar all
French Citiens found in the Ottomin Dominions
at the, breaking out of the War, Will' be„immedi-
ately set at liberty.
BAYREUTH, AUG'. • 16.—0 n the t zth of this'
month our Regency received new orders from Ber-
lin, relative to the French Emigrants detained in this
:place. They immediasely assembled to fake the.
dispatches into consideration, and in the evening of
the same day to notify to them the. new commands
of the King. Agreeably to these. orders, they, ave
to be permitted' to see.their relations, in- pris,,n, 'td.
be allowed the use of pen, ink, and pap s, ..ind..even
to writeTetteis, but on condition' that none of them
'l,shall be concealed, and that a .e?py. shall "be depo.
:sited in the hands of the Regency. , It is even, fig-
-1 mOured, thati an examination of each of the;e"Pri-
soneri separately shall take Place;,and4.th,at a special
CoMmissioner for this purpose may be-speedily ex-
!Peeled'. -

•
. . _
, r . • • -
..
„.
'gallant. - stand
Porto Fe4tijo, 'tillich lids glade so a
,
:against the French, 1114 s ‘11:k1 no' oilier. 7tlonimlincier
during the siege than Mr. ISAAC RAT 'lateEllg....-:
lisp Vice-CoroMl atleghorn,
.who beinedriver from -
Ithence when thefrench last entered it',"ikibit'refuge
'in Porto li'e';t-iljol.',atid' at his iiittigatiokl!tfie' inha.
bitants anti! a feto English 4the're 'beirieno'veguint..-
igarrison) .have nobly tiefencteiL the,mstiyesThgaitlsi-
!the.Republicans, beating them off twice with great
!slaughter, in attenipts to storm it.;" ... . ;-:::, , ~.:.

' MANS I ON.:1-10 ohn- Moore, who 'Bee'tl. 7
in-custody some tiMe, 'c'har4teel. with having horse
in hiA:possession, suppoed rd-b•, stolen, • waS'sester-'
day,agaim,brought befofe.the.Lord Mayor, vilien 'no
pn-son. 'appearing to ,•elfiitu -the horse,
been advertised- seVerat tinnts, he. was ditch,:rgea.
He disclaiming the •AV:rse -to be his•Lptiiptirty,'
•it was • ordered to be'' sold' to defray ''the
'pences of his keep, and the'.rernaihdei• Of the 'ino:•';
.ney 'to be kept for the imner, wherever Jie shotild
fappear.—A Colleior of the Kiiig's‘Tax*.tA eh:irked a •
Baker with, assaulting ,hitu in the-,,extrevyjoo: ills
;dpt..; The. Maker . lt.adwrefuked, .pay the. _ In-
jcome-tax, when a Warrant of Distress was
vitd ;, the . Colleaor:: Assiskant, 4ertt
:seize his goods.- under the. 'Warr-ant, - when the,.
Baker
,pre.ented a couple..ol, pistols, . and, sv.fore
that he_ would shoot the first that attempted
touch Ili. or: his ,prOperty.. The,.tolicAor !,w -)re
his life.was,ii? di9ger, and 01'Q Bake'v
• ed.'fo. give in ,stlhstaptial lia,itl to answps,,t:hks:om,
number of Eskers, .wtre,...sucamOned.
te,),
1 uOf6duce their of parcels of.fiour
sed by theth during the last two >veeks, :accord-
: ing to the Returns : .toany of theM were:Vqry
which.they said was, owing
,to the:Mealtneq,
• not. giving in, their, bill's of parcels with the pttiee,„
artheOne of delivering the flour. They ware or-.
dered to attend on• a future day, when the Meal_
men' will be surnaiOned to answes the cqmplainc.
ibis ,I.,ordship
.said, he wis (let*. mined.. .to use.
every exertion to p?t:a.stop to. this,praaice,
is a material .cauSe of the present.. higi4„,ptice,,9l
bread.

On l\fanday Illichnel,Walker, of Newastie, - was '
apprehended on a:charge of forging a. Will, purport-
ing • to be the last Will. of.. Robert 'Loftus, deceas-
ed, He underwent a: 101 T examination the same
evening; by which it appeared in evidence, t! at
an hour after the death of the supposed testator,' a
en had been introduced into his hand,, whch was
.
4o guided as literally to make him sign the instru;
meth ; but the widow..of the deceased, who was the
only person deftduded, being present, and in some
measure privy to the transaftion, although from. 4..
norance, not comprehendinc the nature of the fraud,
:tke:PAs,orier was discharged.

LAW REPORT.,

ITILDI-1 A 1,, 1:0isID()Nz.

SITTI:46S BEFORE Loa r) KFNYON,A:III .A_SP2.,O4AI, JURY
OF MERCIIANT?'S.TM•

Cosi.Eß v. GILO-IRIsT AND ANOTHER.

THE Counsel: for the,Ylaintiff,bserved, that this
Aaiun was brought to recover the.value of a large.
quantity of coffee and tobacco of. the Defendants,
uho had conceived- they had. a right to stoi these
goods in trot/My.. But that pOint was completely
at rest, in consequence of the decision of Lick
barrow and Mason. It was:there held, that eyeky.
hoider of a Bid of Lading for a •valuable.consider-
ation, had the absolute property in the goods, as,
midi:as the holder of a Bill of Exchange with an
indorsement upon it, had the pioperty in it.

Lor3 KENY. Ok here asked what _relation these
parties Itood in to -one another ?
_ _• • .

The Counsel for the Plaintiff observed,' that the
Defendants, who are Merchants at Liverpool,
- were the original owners of these goods, and sold
them to a-Mr. Horace :Watson, who was a Mer-
chant in London, in. 1799'. He sent these gpods
to his correspondent at Hamburgh, the present
Plaintiff, Mr. Gosier. He at•the same: time Sent
hint a Bill of Lading indorsed, and Bills of
change to the amountof, 32001. to be aceepted.—
On the faith of that consignment, those Bills were
' accepted and afterwards paid. Soon after 'these
goods Were shipped, the Defendants were informed
that Horace Watson, was insolvent, and they
znediately came up to London. They made the
best" of their way after the goods, and overtook
them before they had reached the end .of their
voyage, and the Captain, on teceiving minden',
pity from them, delivered up the goods, If this
coffee and tobacco had been-COmit:g to, Horace Wat-
son, and the 'Djendants had been informed that he
was in falling circumstances,: they swoul,. clearly
have had a right to stop them, but,- on the authority
-of the case of Lickbarrow and Mason, which".was
case precisely in point, when the Defendants had
sold these goods to Watson, and Watson had sent
them to the Plaintiff, and at. the same time an in.
• aor?ed Bill of Lading, transferring the property,
and, upon the credit of which he had' accepted Bills
to theamoorit of 3zool. which were paid, the right
of the Defendants to reclaini these goods was en-
- tirely gone'.
Mr. H. Watson,. examined by Mr. ADAM, said,
he was a Merchant in London, it-1.1.799, and lived
,in. St. Mary Axe,' He knew the Plaintiff:4nd De-
fendants. •He 'had dealings with the Defendants,
who lived at Liverpool. He bought the- coffee and
tobacco in question of .them, and they exported.
them on his account to Hamburgh, to the Plaintiff.
In March-, I 79.9, they. exported 4.3' casks of...coffee,
and •t?, hogsheads of tobacco. -Being shevyn a Bill
of Lading, and. a number of Bills of Exchange; he
said he had sent that Bill of Lading indorsed to the
Plaintiff, and the Bills of Exchange had .been ac.'
•
cepted and paid. He sdld part of these. Bills ; to
wit, to the =aunt of 2.3001..t0 Persent.and Bodi.
ker, anti remitted the rest, amounting to 7061.. to a
correp6ndent at Hamburgh. These Bills were :ne-
ver retyrned on him, floe, which he infer•red they

were paid..
On cross-examination by Mr. ERsictwa, he said,
the. Defendants drew Bills on him for this cargo,
which he accepted, but, unfOrtiinately, b'efore these
Bills came to maturity, he had become insolvent.
. .
Mr. ERSKINE here observed, that his Clients,
the Defendants, had taken. all these Bills up : and
adverted to the case of Kinloch and f•
/ . .
:Lord KEN ox here obseryed,,.that the original
owners of,the..goods had to .40 with a third person.
If It; 114 leen- with.the Assignees,of Watson, it
wpul:AliaNe been v,ety different, It seemed
.to him
theilaintiftmad made- out hi“aie. His Lordship
asked Mr..E:ASE:ifgE: what lie had to say, tp it
/Mr. Easxt NE, itt his.address to the Gentlemen of
the .jurY, said they -would observe from the
dence, that the Defendants in this cause were thi
sellers of these goods to Mr. Watson; They' drew
Watson. for the. .of them.,—
These Lills were accepted by ,Mr. Watson, . but! he
hecatne•insolvent before they, came to matiirity.
They came on the netendants, and therefore they.
cone on the Estate-. of the Bankrupt ;, and,
therefore,;. between the Defendants and Watson,
there could be no doubt on this case. There could
.be no doubt tbat„they.had. a -right' to stop in fran.
situ. 'What was.. the situation in which Wutsop,
the purchaser, stood ?.
.
• Lord Kri,rYowberle iriterp'osed, and asked Mr.
ERSKINE if he believed he could make any thing

of it? „
Mr. Gt ass, on, the, same side4-said,,: his .Lordshiid-
would.see that his Learned Friend could.
Mr: EiSKINt'. said, he was AFerving thifituation
in whiaThisllients,stood VVith regard to'iVir. Wat
son. They were 'the.sellers, W;it,,on was the.
buyer -,,5-,but he did not buy theui to sell "them again
in this Centntry,:hut they were to go to parts be,
yond the seas. The Defendants•were the , Shlppers
of the goods at the time. The Captain gave-the
bill of lading ro the Defendants, the shippers; and
the goods were only deliverable to their order:
The bpyer, on whom the Defendants drew, could
not 'receive these goods without the Defendants':
Bill of Lading. There could not be any other way
devisca by v. hick a seller at LiverpOol could give
an authority to his Agent, or to the buyethimself;
to receive the &okis" when they were there, but by.
making
,a blank indorsement on. the Bill of Lading.
The' Defendants, therefore, put their blank in-
dorsement on the Bill of Lading, and transmitted
- it to the buyer, in order that he might send that
over beyond'the seas, to give an authority to the
Consignee to receive these goods. But, he con-
tended, it armed him with no authority whatever,
to give any .title to that person,,to whom he chose
to indorse the Bill of Lading beyond that which he
himself had, on performing his part of the contratt.
He contended, on the authority of the Laws of
that Country, that the Plaintiff, who was the Con-
signee of that cargo, stood precisely in the situ-

ation of I\e Ir. Watson himself ; and that this .13il! of '
Lading, so indorsed in blank from the sellers to the
buyer, indorsed either in blank or specially to any
person., could convey ,no higher or greaters title
than what he possessed himself, and that the Plain-
iff abroad, though .he had accepted, all the Bills in
the world, could stand no higher than the person
With whom he had contraeled. In one word, this
Bill of Lading was nothing
Lord KENYON, interposing-7" By the Law of
this Country, as laid down in the ,case of Lickbar-
row and Mason, it was established that a Bill of
Lading, .circumstanced as this is, absolutely trans-
ferred the property. And this case is to be decided
• by t•he Law of England, and not by the Law of
any other Country. If you•have any doubt, I will
save the point for ydu.",

Mr. ERSKINE observed, that the case of Lick-
barrow and MasOn, after long and entangled argu-
ments, in the different Coutts of Westminster Hall,
at last came to be decided as a question of fa I, with.
regard to the custom of Merchants, and it was put
to the Jury: He subtnitted to his Lordship, that
this case ought_ to be governed by the Laws of
Han:burgh; that it ought to he governed by the
Laws of that Country where the goods were stop-
ped. The •C,ounsel here alluded to a case that was
argued very lately in Westminster Hall, where the
Court of King's-Bench, in the Case of a Bankruptcy,
thought themselves bound -to decide by the Laws of
Russia.

Lord:KENyort---( In that case thq goods came
from Russia ; they were Russian. property ; and the
contrad betwden the parties had its first concOc-
-tion in that Country ; and there it was proved that
by the Law of that Country, although goods ~were
sold and delivered on board any Ship, if the vender
happened to receive information of the insolvency'of
the vendee, he had a right to his goods again. But
by the Law of England, these goods could not be
reclaimed by the Owners, but must be-considered
as part of the property of
.the Bankrupt, and the
Proprietor could only come in under the Commis-
sion. But this is an extremely different case, irk's-
much as the contrail originated in. England, and the
goods were originally English property ; and,.
Therefore, for the same reason that the Case, al-
luded-to had been. decided by the Law of Russia,.
the :resent case ought to be decided by. the Law of
England; Wand I will not eprive a Foreigner of the
benefit of the Laws of this. Country. ' By the Laws
n.f. 'Russia,. in that case, it -was proVed that in that
CoUntry in which 'the • goods were, and cOntrad
_made, their Laws gave to persons certain powers
over their goods till they were in the a.etital posses-
sign Of: the vendee ; and I shall "not break in upon
the Laws orßussia."

Mr. ERSKINE said, he'put'the ease in this way—
If these Gentlemen had indorsed the Bill of Lading
to Mr. Watson, and Mr. Watson, bad transmitted it
to a British Subjed, then, as between two British
,Subjeets, the Law of England must• have given the
rule. But he requested the Geutfetnen of the Jury
to consider what this case was : Mr. Watson sends
these goods beyond the .seas--4e draws: Bills—th,c
Consignee accepts those Biils at Hatnburgh, mid
they are afterwards paid. He has- no knowledge
of the English Law. He conceives he haS that
right which the Law of Denmark gives. He ac-
.cepts- the Bills, and that gives him an authority to
:receive the goods, .provided. the 'Drawer and-the
•Consig,per of the goods appear to have a right. so
to convey them. To be sure, when every, thing .
was laid. before 'his Lordship and the „Gentlemen
of, the Jury, if that did not amount ultimately to
proof to satisfy.his Lordship, he must retire from
,the cause. The Defendants laid a case before the
most eminent persons :in the-profession of the Law
there I know. his Lordship; will, not, .because he ,
cannot, receive the authority of what are called, in
the Civil Law, .the respanraouttentum. ,And the
'Courts in that Country would not giye.the law upon
any point, unless they were required.so to do by a re,
:quest or communication with a Court in Engllnd.,-1-,
'lf his Lordship §hould be, of opiniop that the Law..
of the .Place 'should govern the tontra6;
'ptit the Defendants precisely same sit uatioh
as if they were Suhjels of that COUntty. IFOr the
case being statetl,, as he had then -stated
;person eminently :killed in 'ch.': Law of that 'Coun-
try., the result of his -opinion was;', that the. Co-
nsignee could only- look to 'the' tide'. of the -Con-
signer.. He could not place hitiiseir higher than
that. title , and therOfCre,, althOtigh the CorlSigile.e..
, had' accepted and.paid the .Bills, 'he- had no right ,
to the cargo, because the person' through whom he
di!rivejd title, had no right to it, not having fulfilled
Ills part of the Contract.
• Imd,K,ENyemr-t!,! That was :the opinion Chief
Baron E-1-12 first entertained on the subjef.q. But.
I inn very clear ,it, must :be decided, by ..the Law of
England., And -believe, it is ,the more conve-
nient rule of trade.; = I believe the convetlience of
trade from Cape Horn t?-,the Cape qcid Hope
cabs out for. such a' decision." .• :
ERsinit-said, it would be satisfadory if: it
could be put in some way of obtaining the Judg.
meoCof tho-Court Of King's Bench upon It. .
Lord ,KENYON--" I VIII • never refuse to reserve
a .case on such authority.. shall be. bound, how-
ever, to tell the Gentlemen of-the Jury, that the
case is' with:the Plaintiff. If you think, upon con-
sideration; that you can make any thing of it, you
may bring it before the Court ..of 'King's-Bench.
The ,great object, most undoubtedly, of all judicial
proceedings, is to do justice:. But another, and by
. no means an inconsiderable objeft in the .adrilinis
. tration of justice is, that mankind ingeneral should
he informed that the Court has taken all due pains to
decide to their satisfattioni"

,The Gentlemen of the Jury had some difficulty to
ascertain the precise value of the goods at the time
they were sold.
The Jury, after some conversation on this point,
and after asking some questions of one of the Wit-
nesses, relative to the value, 'found' a liettiltri fir
the Plaint if for 2,201. with leave for ,the De-
fendants, if they should think proper, to take the
opinion of the Court on the Law of the case.

KENT ASSIZES.

4ULY 2g,
BEFORE. LOAD }.ENYON, AND A SPECIAL JURY,

lIONEYWOOD kiEWDON.

Mr.-GARaow' observed, that this was a Case in
which it could...not possibly be necessary to occupy
much of the time of thejury, for he would venture
to say that a clearer one could not exist. He was
happy to see one Gentleman in the Box who had a
view of the place in dispute. It was.an Adion of
Trespass brought by Sir John Honeywood, nomi-
nally against Mr. Hewdon,• but the real Defendant
was the reSpe4a-bleNobleinan, Lord Radnor, whose
name appeared upon' the Pleadings as the 'Lessee of
the Defendant. The sole question to he tried was,
whether a house which Lord Radnor had built, was
built on ground forming part of the-waste of. the
Manor of which Sir John Honey wood was the
Lord ? That his Lordship had imprudently built
'the house on the waste of the' Plaintiff's 'Manor,.
was a fact he would, prove beyond doubt ; and
indeed he was surprised to think it. should ever have
been contested. In the first place; he had an antient
map, made in- 1660, in which the very spot where
the Defendant's house had been el-et-led Was describ:.
ed as the Manor Pound, and was stated to be situated
on the waste of the Plaintiff's Manor. In addition
to thi's, he Should'shew, by oral, testimony, that the
tenants of the Honeywood family had:the exclusive
right of depastnring -their cattle on this waste, and
that thebeasts of other personS found straying there
were impbunded in 'the Manot Pound. There was
not a child in the parish who was able to lisp, that
did not, before the Deferidaht's house was built, call
the scite of it the Manor Pound. The Noble Lord
hadbeen warned not to build there, but he had. paid
no attention to the warning ; he had crated it in
defiance of the Plaintiff's right, and therefore the

Jury, unpleasant -as it might be, must feel them-
selves bound to oblige him by their verditl to, pull
it down again.
The title of Sir John Honeywood to the manor
in which the waste was alledged to be situate, was'
proved. by the production of the 'title deeds.
James Dunn, a tenant of•the manor, said he per-
fealy well knew the spot where the Defendant's:
hotise w4s built ; there had previously been a pound
on the very. place ; it was called the Manor Pound,
and for fifty years he had-known it ; it was- under-,
stood'to belong to the Honeywood family, ,who al-
ways kept the key of it ; the manor of Lord Ra&
nor adjoined, but the tenants -had no right to put
their cattle oti ,the:waste where the Mannt.Pound
was, and ifShey'did they were always- impounded.
Other-Witnesses were examined, and itapraring
clear the Defendarit'l house was ereded on Sir John
Honeywood's ground, .a Verdid was given for the
Plaintiff, with One Shilling.:Datuages.: •.., _
• •

DORE ex dem:. LORD CO-V ENTRY against SMITH.
Mr. Serjeant'SHENlElt.D. stated that this was an
Adion of EjeOment to recover possession of a farm
in consequence of a breach Of covenant by-under-
letting it without licence frnin'the-Landlord, The
farm had been- let to a person of,thename of Bedell,
who becoming insolvent, had given a Warrant of
Atiorney to the Defendant, to enable - him'tO take
the lease in execution, but such a subterfuge could
not prevail in ,a Court. of Law ; a Landlord.had a
right to ktipttlate that his tenant should not assign
Without his,consent, and it Was not to be permitted,;
that under colour of an Execution, the owner of the
premises' should have atenani imposed upon him' of
whom he.did not approve.
• The •ftas of the execution of thd Warrant of At_
Torrey, and the possession ,of the Defendant under
;it, were admitted; it was proved that Bedell had
'applied for leave to assign to Sinith, and had been

Mr.. AnAm, fors the Defendant, said, there wo-nld
be no dispute upon the question of law. Undoubt_
edly, he agreed with,his•Learned Friend, that the
covenant in •Bedell's Lease prevented a voluntary, or
a fraudulent assignment of his term, 'but it did not
pievent an assignmeni under the authority of the
Law, therefore, the only question was, whether .this
was an assignment effected by contrivance ? He
.had witnesses to call to prove that it was a regular
transaClion,

Lord'iCitviom was of- opinion; that thecircuffitY
'stance of the Plaintiff having been appliM to:at-
cept the,Dgfenciant 'as te,nai'n,. and refusing to do so,
created an iosurmountaW degree of suspicion' that-
!the Warrant of:Attorney-was given with'. no other
view than to Av.gal.le :the necessity, Or his licence.—
Accordln 1 the ic"lintiff had a yerdiet in his favour.
.„g • •

~....

DUNKS •V. NICHOLLS.

Mr. GARAOW said, this was an On-of Tres_
pass,' brought to preVe.nt.an obStruaiOn'tei a way of
which the Ilaintiff and his family had been in pos-
session upWards of .seventy years; he 11A" a map
far-bltcicas•seventy years ago, describing the place'
in qUestiOn, and the road o'er. Which hecialmcd the.
right to pass. It was land ,devised originally by:
the, celebrated ,Doacir Hervey, 'Author 'of the
MeditatiOns among the Tombs," a-tub other; li-
terary works, to the College Physicians,, and
demised to the Plaintiff-J.4 father. He Thonld prove,
that.inthe Plaintiff's father's time, 'as well as in
o
his own, he had constantlyvased over the way in
question, tili theobstru&ion of the,Delendant. Be
understood it was. to.. be .said! that the Plaintiff,)
thongh.. he ,had 'a' right: tO.l)liss with his sheep and
cattle, had.no right to pass with waggons and car_'
riages; babe contended he had a riglitto do both.

The firsiWitnesscalled said;' he'knieW the Land`
belonging to the College or Physielatis ; the Plain_
tiff, atid his Father had held' it for seventy years; he
aISO knew the Land .1v ing between that and the
Diniehurch high road; 'which ‘v:ts occupied by' the
Defepdant ; the, way to the Plaintiff 's Land led'
through it ; he had worked there fifty_.'ears ago,
and there had never-been' any obstructionin !'assing
to the Plaintiff's fiekh O. • his eross.ex:lminati n
he said he did not renieinbor ever laving seen wag.
gons pasS.
-.Stokes said he knew the Land called Her.
vey's Land ins old Mr._Dunk's time ; fie wa§'eln-