The Sun.
London, England, 1807-01-27 00:00:00

LAIL' REPORT.

COURT OF KING's BENCFI, lAN. 26.
POWELL V. POACH AND OTHERS.
Mr. GARROW moved for a Rule to spew cause
why the Nonsuit should' not be set aside, and a -flew
Trial granted.
This was an anion upon a Bill of Exchange drawn
at Liverpool by Taylor and Co. on a house inLondon,
under the firm of Taylor and Co. accepted by them
payable-to the order of the Defendants, and by the
Defendants indorsed over, and then indorsed to the
Plaintiff. When the bill became due it was rcgu-
la'rlyb presented tbr payment, and a check on a-banker
was left for the payment of it, and accepted in pay-'
ment by the presenting clerk. When the parties went
to receive the money at the Bankers the check was
dishOnoured—it was found to be a swindling trans-
- between persons who were conneaed tope-
, the' in the making of bills. The holder of the bill,
the Plaintiff, immediately gave notice to the De-
fendants of the dishonour of the bill, and was told
' that if he would bring the bill on the morrow it
would certainly be paid. Upon the trial, the Plain-
! 'tiff was not in a condition to , produce the bill. itself,
Land for that reason he was non-suited. .
Mr. GARROW now urged, as be did upon the
trial before Lord ELEENEOROU9H, Chief Justice, at
'Westminster, that as no other person could make
..any. title to- the Bill, nor -have, any right to sue
upon-it, no person except the Plaintiff having given
due notice of the non=payment, he was entitled to
recover. He said that the Defendants could nouba,
damnified.
Lord ELLENEOROUGLI, ChiefJustice.—All that de-
pends upon the proof to be made in another case ;
you do not seem to have used the means you had 'of
procuring the bill.
Justice tAURENCE—Was there any proof of the
acceptor's running away, or any attempt to subpoena
him?
Mr. GARROW.--There was no proof of an attempt
to .subpoena him.. -
Lord ELLENBOROUGH—Then you are in the case
of an indorsee bringing an aaion upon a bill of ex-
change without producing it. •
Mr. GARROW then cited the case of Turner v.
Mead i St. 416, which the Court thought very dis-
tinguishable from this case. He stated that the prac- •
tice of taking checks in payment for bills, which was
very general, must be entirely stopped if the Plain-
tiff could not recover in thiS case.
Justice LAWRENCE—It would be well.to put- an
end to that practice. They take check of any per-
son, whether they know him or not, instead of their
bill. Rule Nisi refused.

WARRINGTON AND OTHERS V. JOHN FARVOIt AND

OTHERS.

Sir VICARY GIBBS moved for a new trial, and to
set aside a nonsu;t. This was an action upon a gua-
ranty of a debt from persons of the same name, viz.
MessrS. Farvor. and Warrington, which was as fol-
lows :—" We engage to guarantee you for any goods
that Farvor and Warrington may purchase, to the
amount of tOOOl. to be paid for by a bill at six.
months." Forthe Defendants it was insisted that this
guaranty ought to be stamped as an agreement; and
of that opinion was Lord ELLESIBOROUGH j but
upon Mr, GARROW citing the case of Currie v. Eden.
son-, 3 Term Report 524, his Lordship, upon the
authority of that case, over-ruled the objection.
Sir VICARY contended that the Case was distin-
guishable from the presents because, there the gua-
ranty was made upon the immediate sale of the
goods. It was in fad a sale by a broker of cotton,
with a guaranty that it was worth so much ; and
Lyrd KeN iOr.T. said it was made upon the sale of the
goods expressly, and that they would not have
been sold. had it not been for the guaranty. Mr,
Justice But4,ER also said, " This was all one entire
contract': Sir VICARY also took a further objection,
that the. goods were to be paid. for by bill at six
rnOnthi, and although Messrs. Farvor and Warring-
ton had become bankrupts, yet it was necessary to
demand payment of them, but'no such demand was
made.

Lord ELLP:NBOROUGII.—"..AS tar the .first point,
think if it applies to the sale -of goods, it is no mat-
ter whether to specific goodS then sold or not; the
case of Currie v. Edenson is in point. As to the
other ground, .1 think there was something in the
form of the agreement which rendered it unneceS=
.
sary to make the demand on-the buyers."-Rule
granted;

Saturday the Valiant, -a beautiful 74 gun Ship,
s Dock,, Blackwall. The
was launched at PERRY'
fineness of the day attracted many hundred spe6la-
tors, who crowded the surrounding vessels building
in the Dock ; while stages ereaed contiguous to
the launch' were occupied by selea company. The
launch was adorned with the Standard of England,
and naval ensigns. She, is a pattern of perfe6tion,
and exhibited a most gallant appearance. The; head
is ornamented with the bust of a British Naval
Officer in uniform, and the stern decorated with
figures and trophies, rakes in unison with her head ;
the whole combining the excellency of.naval archi-
tecture, for which our navris so celebrated. At
a quarter before two o'clock the tide had flowed
high enough; the support was then knocked away,
and she glided in the most majestic manner into the
bosom- of Old Thames, amidst the shouts of the
spe&ators, and the music of "-Attie Britannia."—
After drifting some distance, she dropped anchor,
and the people launched in her came on shore.
The Vessels in the River hoisted their colours, and
the 'scene was of the most pleming description.
Notwithstanding many persons were placed in the
most perilous situations, no accident occurred. The
Princess of WALES, was expeaed to honour the
Launch with her presence, but she was hot there.
Among, the distinguished visitants were the Countess
Of HARRINGTON, Lady CASTLEREAGH, the LORD
MAYOR and Lady MAYORESS, several of the Cor-
poration, the Port Admiral, Sir TtiomAs
and other fashionables. The Valiant has been
twelve months on the stocks ; she was laid dOWn
by Sir WILLIAM RULE, Surveyor. and Builder of
the Yard. A collation was prepared in the Model
Room., .

A small MO, containing a Life of GASCOYNE; an
old poet, and consisting Of -only eight pages, was
knocked down the other day for the sum of Arty
guineas!' • , . „.

UP?AEME^ti TAfYfikPV lir

Of THE
COMMITTEE OF HE INTENDED EAST LON-
, DON WATER WORKS,

For supplying the inhabitants of the parish of
Strattbrd Bow, otherwise Stratford-le-Bow, in the
Counties of Middlesex 'and Essex, and of the see►eral_
parishes of St. John, Hackney; St. Mary, Islington;
St. Matthew, Bethnal Green ; St. Mary, White-
chapel ; St. George in the East ; St. John, Wap-
ping ; St. Paul, Shadwell ; St. Dunstan, Stepney ;
St. Ann, Limehouse ; Christchurch, Spitalfields ;
St. Botolph, Aldgate ; Bishopsgate Within, Bishops-
gate Without ; St. Luke, Old-street ; St. Leonard,
Shoreditch .; Newington and Tottenham : also the
inhabitants of the several Hamlets, • Townships, or
places
.following that is to say—Ratcliffe,. Mile
End Old Town, Mile End New Town, Poplar, Old
Ford, Homerton, Upper Clapton, Lower Clapton,
Stamford Hill, Dalston, Kingsland, Shaklewell.
Holloway, and places adjacent and near thereunto,
in the City of London and County of Middlesex,
with good and wholesome Water:

Since the publication of the Report which the
ComMittee submitted' to 'the Proprietors of the in-
tended East tonclbnWater;-NVorks,:the London Dock
Company have ,presented
,a Bill to the House pf
Commons, to enable, them to purchase the West
Ham Water-Works, and to 'enlarge the Powers
originally granted by Parliament to the Proprietors
of those. Work's.
From this circumstance, and the Petition present-
ed by the London Dick, Company_ against the East
London Water-Works Bill, two questions will
arise : ' '

First, whether it was in the contemplation of the
Legislature, when it _granted a Charter and exten-

sive Privileges to the London Dock Company, to
constitute that Body a Water-Works Company? It
is true that 'the London Dock A& enabled them to
purchase, the Shadwell Water-Works, but it gave
them that power, as it did others, to facilitate the corn-

..pletion of their Dock's, and Buildings, and to give
them the -command of Property immediately con-
tigilous to them. Indeed . it' must be evident from
the very title and preamble of that Aa*) that,the
LOndon DoCk Company was not constituted for the
purpose of internal Trade and Commerce ; and that
the great national and sole object of their Charter,
was to promote the Free.. Navigation of the River
7Tharnes, and to give convenience and security
to the Commercial Interests Of the City of London:
Second, That supposing the London Dock Comte
pany had been originally permitted to be a Water-
Works Company,whether, in a Country in which a
-spirit of competition is so universally encouraged, and
in which its etieas are found to be so produaive of
individual national
_welfare), it could be intended to
grant to that Company the exclusive monopoly of
serving to the eastern parts of the Metropolis the
first necessary of human 'existence ? The propo-
, sition is too monstrous to be indulged for a moment—
yet at this monopoly the London Dock. Company
most evidently aim.
In the last Session of 'Parliament the Dock Com-
pany (then Proprietors of the Shadwell Water-
Works only) opposed, the East' London Water-
Works Bill, which was withdrawn by reason of in-
formality alone ; they have Since agfeed to pur-
chase the; West Ham Water-Works; in'. a few
years they may purchase what still remains in
their way, and the Eastern Astrid will be at their
mercy.
The consequences ofgranting such a monopoly to
the- London Dock Company, must be'too obvious to
require observation. It is against the spirit of Bri-
tish Freedom, and consequently of .British, Legislate
Lion ; the Dock Company is already formidable ;
-let it not become more so by granting to' it powers
which were never designed for it ; in other partS
of the , Metropolis competition is encottraged ;
in the Cities of .London and Westminster, different
Water-Works are .supplying the same streets,
and its good effeas are universally acknowledged ;
on the contrary, where focal circumstances have
produced mon9poly, the inhabitants have invariably
had to submit to the alternative of...exorbitant exac-
tion, or inevitable privation..

These' considerations the East London Water.
Works Company humbly submit to the wisdom of
the Legislature, and trusts with confidence in that
benetiaal exercise
,of it which has always been
manifested in. promoting the Interests of the Bri-
tish People. •

• . Signed, by 'Order of the Committee,
•. . RICHARD FISHWICK, Secretary.
. Batson's Coffee-house, lan. 21, 13e7.
* The Ad of Parliament of 39 and 4O Ceo. 111. c. 47.
commonly called •the London Dock Ad, under which that
Great Body derives its power, is intituled, " An.Ad for
making Wet-Docks, Batons, Cuts, and other Works, for the
greater Accommodation . and Security of Shipping, Com-
merce, and Revenue, within the Port of London." And the
Preamble thereof recites, " That fur the greater Accoin-
modation and Security f Shipping', Commerce, and Re.
venue, within the Port of London, it was expedient that good
and sufficient Wet-Docks and Basons, with proper Cuts,
Sluices, and Outlets, should be made and established, under
proper Regulations, in convenient situations within the Port
of London, and as 'near as may be to the City of London and
Seat of Commerce ; with legal Quays and Wharfs attached
thereto, ter the Reception 'and Discharge of Loaded Ships
and other Vessels."

•« A sound mind in a sound body, is a short but
full description of a happy state in this world : he
that has these has little more to wish for, :Ind he
who wants either, will be little the 'better for any
thing else." We have not the temerity to attempt
the refutation of an opinion advanced by one of our
profoundest philosophers (Locxt) ; but, without
courting the severity of criticism, we may observe,
that at the period in which his elaborate treatise on
education was, written, the Guide to Health was not
in existence, nor had the country -been blessed'
with the discovery of the Cordial Balm of Gilead.

SHIP NEWS.

GRAVESEND, JAN. 25.

Passed by—the Elizabeth and Ann, Wippn, from Nova.
Scotia.; Fortitude, Bride, from Trinidad; Jcseph- and
Mary, Bibbins, from Newfoundland; Stii>ex, Bilerson,
from Norway ; and William and Ann, Match All, from Me-
mel.

Sailed—the George, Barnett, for 1,i,13J.,; Drarer,
liams, for Dublin; and William, Stai,vv.Ad, tut the_Caiae
de Verds. . .

DIED.

On the 3oth ult. at his seat at l'auls Walden; Hens, aged
35, the Hon. George Bowes, second son or the late, and br?-
ther to the present, Earl of Stu thmore.. '
On Saturday last, Francis William Montague, agett Is,
second son of Matthew Montague, ot
Tke- same 6writing, Mrs. Hosier, wile nf John Hosicry
Esq. of Great George-street, Westminster.
'On the 17th init. at his-house in Oxiord-street; Mr. ,Da-
vid Adamson, aged 86.
A few days since, at Kennington, Mrs. --Sa r4h Gundrgy
aged 75. .
lately, at Chelsea, in 'the 9th year of his age, Ge'•rge
Gautier, eldest son ot the Rev. William Gamier, prebendary
of Winchester.

Last Tuesday se'nnight, in consequence of a fall through
the aperture of a trap-door,-hy which. he disloc.:Lted the spine,
Peter Harrison, Esq. of Sandwich, Kent.

PRICE OF SLOCKS

YESTERDAY.

Bank Stock,
Navy per Cent 9i
5 per Ccnt. 1797,
Irish s per Cent.
4, per Cent. 79
per-Cent. Red.
3 per tent Con 60i fit
Bank L. Anh. 17 516tItsi4
Ditto Short Ann.

india Stoat,
India Bonds, 3s. 4S. pr.
Exclieq. pr. "par
Ornnikno, 3 4
3 per Cent. Deterred,
I nipoial 3, per Cent.
Ditto Ann.
Cons. for Feb. 6o fri

HIGH WATER AT LONIDOI4 BRIDGE TO-MORA

RQW.

Morning, sr min. after 4. I Afternoon, 1 min. after S.

LONDON MARKETS, &c.

CORN EXCHANGE, JAN. a6.—We have farther considot-
able supplies of Wheat for this day's market; fine lidin I,:s
have given way in price, but not in any degree with tins
second and ordinary, which are down 3.5. and 4s, per quarter.
Fine Flour has likewise fallen ys. per sack.' Barley still ar-
rives in great plenty, panic samples of which only retain I4C
prices, the other sorts, with Matt, are clwaper.—in the two
descriptions of Beans and Oats, we have sio material al-ter,
ation.—White Pease continue dear, with but few at market,.
Grey Pease, on the corttrary, ire lower.

RETURN OF WHEAT 1N MARK-LANE,
fly Messrs. Cut Lo and M ALP As, Meal •V,l,iters .
Including;only from the 12th of lan. to the 174. n a; PO
...
agreeably to the Act. - •
83 Quarters at gos od . 752 .Quarters at
.77a od
~,
97 --7---, at Us od 28; ------ at 76; oil
94 ---4--- at 87s od 175 -- at .75,ed.r,'
412 ~.. at 86s od So -- at -74 - od
676 at 85s od 121 at . 73; -od'
440 —.- at 84s od 50 - at 1
72sJA.
52 ---- at S3s 6d I 77 —at 70,0 d ',
485 ------ at. 83s od : 99
6,,9 —,......... at 823 dd 131
269 •,--............. at Bt-od 40 ---r- at :674 od
299. At SOS od 272 --..- . at 'lO5 od,
..
-354
757
.—.-...--- at 7ss ad I 39
.---7 at 6os CLI.,. •
- ' And 14 quarters at ss. prr Quarter. -• • '.,
Total Son Quarters.—Aver4ge 74. .oid.
..,..„
'l5. 4d. lower than last Return. .
•

A RETURN OF FLOUR, . f
Vrom fan. 10. to fan. 16, Awn the, Cocket-Offite: ,
Sacks. S. d.. Sacks. s. d. Sacks. . 5.,",:,
33 —go 0 1 67i -.L-- .72 0 c 25 --____ 60,
to-'_ 790 . abi —7t .o '163 (0/ 41
X 467
--- 750 . 625 —7O 0 5 - 6441
46; 0 55 69 0 - • . 7. --- 63 °
, . le --'-.- 73 61 , . . Ib4 6 c, 1 / _ 01 0
7i'''A
----.. 73- 0 i ' 40- ---"•' 67 0 ' '
,a 0 ...-.. b
Totak-,74z,zi6 Sacks..---.Aver.ige 741, oid?- , ,
os. lid. higher than last Return. •
---,!'
AVERAGE PRICE OF ENGLAND AND WALES'
. • ~ • ending lan. to. .. . -
Wheat 775 od Barley 4os 3d 1 Beans 45g .43
, ~.4
Rye '. 475 tad Oats 275 2ti i Pease .. - 4e.s -4.

eRicE ok. Hors.
I*G3. POCKETS.
'Kent, 41. tis, to 51. 15s. , K.ent, 51. —s. to 61. tos.
Sussex, 41. ios. to il. is. Sussex, 41. 16s. to 51. Lti.
Essex, 41. bps. top. los. Farnham, 71. os. to 91.9',,

NEWGATE AND -LEADENHALL MARKET'S.
• • By the Carcase.
Beef Ed, to 4s. 6d. Veal 4s. od. to 6s. 6`'
Mutton
.4a. od: to 4s: Ed. I 'Pork 4s. ed. t.) 6s. ode

PRICE OF LEATHER (per lb.) AT LEADENHAL.b•
Butts, so to 561 b. each. - . zsd. to z4LIJ
Ditto, 6o to 651 b. each - - 241. to zril•
Merchants' Backs, - - - t
....21d. ;to 231.
Dressing Hides, - . -17 d. to .IS-I°,
'Fine Coach Hides, - - - . . ,at. to zoi•
Crop Hides for cutting, - - / 2,4(4: to zA -
Flat Ordinary - - -- - -17 d, to i9JI
Calf Skins, 3o to 4olb. per. Dozen 2,Sci. to, ,iol. per ID. • •
Ditto, 59 to 701 b. 34a. to 4ad. per lb.
Ditto, 70 to Solt): 32it. to 34. i. per lb. --
Small Seals (Greenland) 4zd.to 441• per lb.
Large ditto, - loos. to . 14ps. per Dozen.
Tanned Horse Hides, 113 s. to 345,, - per Hide.

R/I.IV I-11DES. . ' ;'.l
Best Heifers awl Steers (P. st.) Ordinary, rs. rod. to 2S. 04 'II,/
35..04. to 35.• 44. . Market Call, its. 6d,
eail
Middling, as. 4(1. to 2s. 6d. Eiig.kl4,. orie to 17). e.tcli':
Sheep Skins ' - ' 4s ad to 6s ad.

PRICE OF TALLOW.
St. James's Market 3s. (La'. • TdWiITAiIOVV.--5.0d,67,;,01.
(tare Market 3s. tjet. j Yellow Russia os. c.--d
%Vhitechapel Market 3s; ti64t. White do. cs.jo-d. -7s. cL"
per stone oflilb.
Its. 91d. i Melting Stuff' s: —s
Average price 3s. aid. 1 Ditto rough —5,1305.
raves ti
Good, Dregs ios. cd.
• Yellow Soap,, 7.45.--Mottledi S6s.—Curd;
Price of Candles per dozen, tos.6d.—Moulds, t rs. atsf

St. IAMES's HAY MARKET, Jan. 24.
Hay, 31. 6s. ed. to 54. os. od.2—Aver. 4!. 3s 01;
Straw, .21. ss. od. to 12$. od.—Aver. 21., 44.. 41

WHITECKAPEL HAY MARKET.
Hay, 31. los. od. to 41. 113 i. od.—Aver. 41. 45. 04.
Clover, 41. los. od. 'to 51. 51. os.
Straw, al. res. od.. to 31. 3s. od.—Aver. al. 15 .