The Sun.
London, England, 1802-11-02 00:00:00

DEAL, Nov. z.

ARRIVED His Majesty's Ships Jamaica, Ran-
ger, Driver, and Argo, from Sheerness ; the latter,
with the Pylades Sloop of War, has sailed for the
Coast of Africa, and the two former to Portsmouth;
the Driver remains.

Last night the Portuguese Schooner F;gilantia,
from Riga for Oporto, with pipe staves and iron,
ran on shore on the Goodwin Sands, and has since
bulged.

EXTRACT OP A LETTER PROM HALIFAX, DATED
OCTOBER I, 1800.

" On the r4th ultimo arrived here His Majesty's
ships Gauge:, Goliath, Cumberland, Bellerophon,
Vanguard, and Theseus, aftemencuuntering the most
boisterous weather on their passage from Jamaica,
in which, I am sorry to say, the Goliath had her
fore and mizen masts much injured, and many of
her men killed and wounded by lightning. The
other ships sustained no material 'damage. The
Squadron is expetled to leave us again on the loth
instant, on their return, to Jamaica. Our Corn.
inar.der in Chief, Sir A. NI urc HELL, is here, as he
must be every where, in universal esteem, but I
am sorry to say, he is confined by a severe fit of the
gout."

Captain SKENE, of the Determinle, is appointed
to the Lapwing ; Capt. BECHER, to the Dettratitiee;
and Capt. FANSHAW E, to the Cary fort.
On Wednesday a Court Martial was held at Ports-
mouth, on board the Nepuite, on John Geram, pilot
of His Majesty's Ship I',;ms-ne, for having run the said
Ship on the, rocks going into St. Aubin's Bay, on
the evening of the Bth of September last. The Court
agreed :hat the charges had been proved againSt the
pilot, and that much blame. was imputable to him,
for attempting to enter the Bay of St. Aubin in the
night, at a time when she might have remained with
safety at sea uptil day light, and did adjudge him
to be mukted of all the pay ar.KI allowances due :o
him for his services done as a pilot" on board that
Ship, and to be imprisoned in the Marshalsea for'
three months from that day.

On Saturday last an overland Express was re--
ceived via Bussora. Letters by this conveyance
are of a date anterior to some which have already
come ;o hand. No official answer had been given,
by His Highness the PEISHWA to the request of
HOLKAR ; but sunnuds have been issued in favour.
of the NEUWAI3. for the Distrils occupied by
HOLKAR. Both the contending Chiefs maintain
their position at present.
,The rebel Rajah of TAN..
DA hirs resigned the -Villages which belbriged to the
Prince's Jagheer. The Neuwab ALLE and the
English Government maintain the best understand.
ing. The NEUWAB St0;90111MICS to. levy troops,
and another a6tion has,:beefought between LAI.
SING and the Rajah of MITKUNDPOOR the loss was
excessively heavy on both sides. 7The;'batteries of
Nujmoochleen have again been attacked. The Neu-
wAa had ordered HEMMUT BAHADOOR _to march
with MIRZA KHAN, with orders to raise the siege.
MULHA Rio is still in confinement, though not a
close prisoner ; it is reported that he will he sent
down to Bombay ; most ofhis adherents, following
the example of their Chief, have delivered thethselves
up to Sir WILLIAM CLARKE, who is taking mea-
sures to dispossess them of any offensive weapons.
Guzerat, and the whole Province seems tranquil:
Letters received from Amidabad, dated the 3d of
May, say that the Rajahs inhabiting the wild
and mountainous part of the Provinces know no-•
thing of this Rebel and his Fugitive Army, and
that they do not concern themselves about other
authorities.' The Armies of 'HOLKAR and SC IN-
DEAF' are said to amount together to 130.000 men.
The PEISHWA is colleBing a force little ;short of
too,ooo, and means to await the actual determina-
tion of the parties.
We understand by private letters received from
Bombay, overland, that Colonel KIRKPATRICK,
the British Resident at the Court of his Highness
Nt ZAN! ALL!, Soubah of the Pecan, has concluded
a Treal with his Highness at Hydrabad. A Royal
Salute was fired on the 13th of April last, on the
occasion. Some important acquisitions are said to
be contained in this Treaty.

•
We understand from Bombay, that a manufaftory
is establishing at that Presidency, for preparing
copper sheathing for the use of the shipping which
may be built in India.
The ships to be built in India; under the new re.
gulations for private tracici. and which -were trans-
mitted to the Government:LGeneral• by the ships of
last season, are severally to lx-,01 the burthen of be-
tween Soo and 550 tons, builder's measurement,
subjeCt to the approbation of the Marine Boards.
The keels are to be laid within three calendar
months from the day on which leave shall be given
by the Governments in India.--,-Twelve months are
allowed for building from the ofpiration of the said
three calend3r months, when the ship shall be
launched.

PARIS, OCTOBER 29,

LIGURIAN REPUBLIC..

EXTRACTS FROM THE REGISTERS OF THE SENATE.
SITTING OF AUG. 23, 1802.

The Senate of the Ligurian Republic, considering that it
is conformable to the ancient institutions of the Republic, to
consecrate the images of great men -I.tho have rendered it il-
lustrious ;
Considering that CIIR / STOFHER cOLVMEUS discovered
the new world, and that NAPOLEON/ BONA PAR TZ. has paci-
fied the Old,• and the labours of his Consulta, extended
the limits of Liguria, secured its most important interests,
and rc-oiganited its laws, has decreed unanimously that there
shall. be erected in'the'Vestibule of the National Palace, two
marble Statues, the first representing BoziArARTZ, the se-
cond; CoLumaus.. ,
(Signed) DURAZZO.
LANZOLA, Sec. Cen.

TREATY BETWEEN THE FRENCH REPUBLIC,
PRUSSIA, AND BAVARIA.

The Fra sr CONSUL of the French Republic and His Ma-
jesty the EMPEROR of Russ' A, having offered their media-
tion for the arrangement of the affairs of Germany, and having
made known to the Imperial Diet, by their declaration of the
18th August, 180 z, the Indemnities which they thought
should be adjudged to each Prince it: consequence of the 7th
Article of the Treaty of Luneville ; His Majesty the KING
of PRUSSIA hastened to conform to the Plan presented, and
in taking possession of the States adjudged to 'him, confuted
himself scrupulously within the limits assigned in the De-
claration.
His Majesty the EMPEROR of GERMANY having, on -his
side, announced the intention of causing its (title-rent posses-
sions to be occupied, Fits Majesty the Kt No of PR ss
the Ftesr Coiesue, and the .1'.:41'',9.0R. of RUSSI v, have
spontaneously hastened to make known to hint, that it was
not at all becoming that his Troops should pass the tients
assigned by the Declaration, or that they should occupy any
Territory but that appointed for the indemnification of the
Archduke FERDINAND.
Yet, withodt regard either to this Declaration made col.
le6lively at Paris to the IMperial Ambassador by the Mi-
nister of the three Powers, nor to-that which has been made
at Berlin by the Count de liAUcwl -re to M. do Sr ADION,-
the Austrian Troops have taken possession of Passau, and
His Imperial Majesty has informed the Diet by his Plenipo-
-tentiary, that he would not withdraw his Troops Mtless the
Countries, occupied by the other Princes, were M likeman-
ner evacuated, which is an indication that His Imperiat
,Majesty sets no value on the Declaration of the Mediating
Powers, ,and that he regards it as void.
In consequence, His Majesty the KING of PRUSSIA, and
the FIRST -CoNsue of the French Republic, engage them-
selves to teiterate in concert at Ratisbon and Vienna, their
effints, to cause the Plan presented to be adopted by the
Germanic Body, and to be ratified in its whole extent, but
particularly so far as it.guarantees to the ELICTOR of BA.
VARIA the preservation of his Possessions on the Right Bank
of the Inn, and as far as it secures to him the Town of Passau.
And if, .contrary to their hopes, and their united interpo
sition. His Majesty, the EMPEROR, raking advantage of the
possession of Passau, should refuse to evacuate it within the
period of sixty days-npOinted for:the deliberation of the Im-
perial Diet, the Governments of Prussia and France pledge
themselves to combine their etlorts with those of Bavaria, to
secure to the latter the preservation of her ancient Domains
on the Right of the Inn, as well as the possession Passau,
and the entire Indemnity which has been adjudged to her.
Done at Paris, t 8 Frudidor, year 10, Sept. s,
t Ba 2.
(Signed) • TALLEY RAN. 4.
MARQUIS DE LUCCHESINI.
C Erru.

THE COUNCIL OF EXECUTION TO THE INHABI.

TANI'S OF HEI:VSTIA.

" Citizens of Helvetia, the Government is as-.
sembled at Berne. The events which had.necessi-
tated its departure, and those which have preceded
its return, are_ sufficiently known to you. We will
not, thetefore, speak to, you of the past: we wish
only to open your eyes to the present, and to seek,
if it be possible, your preservation for the future.
" It is not a requisition of the Helvetic Govern-
ment that will cause the French to march among us ;
but the Ft tts..r CONSUL of the French Republic can_
not suffer fadions and civil war to desolate a country,
bordering on France ; a country attached to France
by Treaties ; and which will for ever be indebted to
France alone for the restitution. of its Independence.
Theie cannot, therefore, Citizens of Helvetia, be
any question, at• this rnoinent, of dispute, . as to this
Or that system, or on the pre.emii,erice of this or-
that opinion ; the allied is to prevent the occupa-
tion of our Country by Foreign TroOps, and all the.'
evils chat would be the result.of it. Only one mode
remains to us to prevent those evils ; it is that
which the Proclamation of the Ft RsT CONSUL points
out to us.

" Citizens of Helvetia, we counsel not to repel
it : it is the. last piatik by which we can escape
shipwreck. The abyss is bewath your footsteps,
and your` itin- is certain if you neglect to seize it.
A General Officer aiikhed to the Staff of the Army
of Obstervition our frontiers, has arrived at
Berne, to see with his own eyes, if the orders of
the Fittsi(Ciimst.lL are punilually executed through-
out. He Will cau,e the Troops to enter if a single
Canton resist. Yes, a partial disorder, a single
uncor.stitutional authority refusing to dissolve
itself, or an as.,embly refusing to lay down its
arms, will he sufficient to draw down on you this
misfortune.

!‘ Let every Citizen, therefore, submit to the
constitutional order provisionally re-established, and
await in the dispositions of peace and good will the
definitive order of things which is announced to us
by the Mediation of the FIRST CarssuL. Let all
party denominations and all hatred be abjured ; let
a general.desire toTreseive the existence and inde-
pendence of our Country ; let the necessity of pre-
serving for ourselves and our families the feeble re-
sources that remain to us, command tranquillity,
and unite all mind's.

For every true Swiss there can beneeforth'be
but one thought, one 'end, and that is, the preserva-
tion ,of the Swiss Country."

EXTRACT OF A LETTER,FROM BASLE, OCT. 23.

" A part of the left wing of the French Army of
Observation concentrated on our frontieis, has put
itself in motion, conformably to the orders received
from General NEY, to proceed by Dilemonti Mon-
tiers, Grand Val, and Erguil, to Bienne, to the
extremity of the French Frontiers, where a part of
the zo4.th demi-bripde had already arrived in the
course of last week. A considerable quantity of
ammunition, and a number of pieces of artillery, had
also arrived at Huninguen ; and quarters are pre-
pared there for the Troops exile fed to arrive with.
out'delay from Mayence.
" They write from Berne, that two days before
a courier had arrived from-Paris to General RAFT,
and that immediately after he had a conference with
the Executive Council. They expedted there every
moment the ultimate determination of the Diet of
Schwitz, which has already atinounced to General
RArP, ten days back, that it would submit en-
tirAy to the proclamation of the FIRST CONSUL,
404 which, nevertheless, has not yes dissolved

NWT

itsalf.—lt is confidently said, that since the tau
events, two parties have been 'formed ; that one,
at the head Of which is ALoys REDING, endea-
vours to protract, putting its hopes in the Negotia,
Lions, which its flatters itself with tieing -able to
open at Vienna, by, means of M. de Dint!)Act-4/
whom they have charged to claim formally, in the
name of the Diet of Schwitz, the intervention and
co.operatiun of His Imperial
.Majesty to terminate
the affairs of Switzerland.—At the same time this'
party is adive in circulating a report that this En-
voy will probably succeed in determining the Court
of Vienna to charge itself with this Mediation
jointly with the French Government." But tht
other party, Which is known by the title of the
Bernese Party, continues to advise perfect ••01)-
mission to the Proclamation of BONAPARTE. It it:
to this difference of opinion that they attribute the
delay which the dissolution of the Diet of Schwitz
has met with."

ti Tlit re.ON:T2I;nI

BERNT, OCT. IS.—The Senate has returned into
our walls. It has been received, with discharges of
cannon. Its progress from Laulatse experienced
no obstacle. The Constitutional Authorities havc,
resumed their labours. The Cantons have nomi-
nated their Deputies to Paris. After long debates,
the Diet of S ch,witz has pronounced its own dis,
solution:. The Insurgent- Troops are separating,
and returning into their respetti ve Cantons. Their
retreat and disbanding are eifetted with the greatest
order. A few agitators, however, remain together.
in the mountains. The French Minister, VERNI
NAC, has returned bete with the Senate. We had
no other dipiornalic Agent in Switzerland, • be-
cause France was the only Power which had- yet
acknowledged our Republic . so she. is the only
one from w:iom we have been able to • hope
and obtain the generous interference which has
averted the disasters with which we were threat-•
ened.—We have learned that General Nay is ap-
pointed Envoy Extraordinary, and Minister Pleni-
potentiary to our Republic; Citizen VERNINAC
being recalled toParir, to give information resped-
ing our situation, and the events which marktd the
crisis, when we
,were,exposed to all the horrors of
civil war.

~ - V

On Saturday His IVIAJEsry took the diveciiOn 01
Stag-hunting, for the first time this' ieiS(in:
threw off at Ascot Heath ; the stag took his course

over the Heath to Wingfield Plain, round by Coo-
bourn to St. Leonard's-hill, Bullock's.ha tell; Surley
Hall, Clever, to Spittle, crossed Mr. Streeting's
Nursery in Sheet-street, into the Great Park, up the
long walk, and into. Windsor, through Patk_street
to Waunore's, the New Inn, into one of the par-
lours, into the halt, through the Bar where Mrs.
W. was sitting,, and into the tap-room, where he
took his seat, and was handsomely entertained ; it
being market-day a good dinner was provided for
,the farmers, tire. who live sumptuously on that day ;
and after taking his refreshment, he condescended
to go to His Majesty's stables.

His MAJEsTr was attended by LordNcatN-
DROILE, and many Noblemen and Gentlemen, wh*

returned much pleased with tho,day's sport.
The CH t Er CoNsot. takes part in the debates at
the NATIONAL Irvin-ruts in Paris.—On a recent
Occasion the highest rewatd which the Institute .
to ingenious andkiseful discoveries in Mechanics, was
assigned to the inventor of a machine for the irrfr
provement of Agriculture. The CHIEF CONStao
rose and observed, that the principle upon which
the machine was constrained was not new in Me..
ohanics, and, therefore, he thought the highest re-
ward ought, not to be assigned in this instance, as
no adequate recompense could then be given to the
author of any work of original genius. The Re-
porter was not prepared to answer this remark, but
another Member rose, and acknowledged that the
principle was not new, contending, however, that
the application of it, on the present occasion, was
equal in merit to an original disco Very, and promise&
the most beneficial result. The CHIEF CONstit,t
after a little more inquiry; assented to, the math a.
the defence, and the decision of the Body.wis coq'
sequently confirmed.
_

On Saturday sennight, a Lip Boat, built by Mt*
GI3.fiATHEAD, of South Shields, was brought El,
Liverpool on a large waggon, for the purpose 10
being transported to the Isle of Man.—The note,
of the boat is, The Duke
_of Athol, of Dollglas, pond
we are told is a present from that .Nobleman, fOr
the use of the island. The many ship Wrecks which
have happened there, Must consideraby enhance the
value of the yresenr, and holds out an example
worthy to be imitatecl"by those in the eminent ranlo
of life.
The drawing of future Lotteries will be carved
on at. Coopers' Hall, in .Basinghall.street, until- e
new Hall can be Wilt somewhere neat the Bank./0,1
that purpose.
In the night of Thursday a vessel foundered not
the. coast at Eastbourne, the top.trast has bee°
brought on shore, it is marked Chatham,.• rrilf
crew, it is feared, perishest

On Monday se'nnight the Hon. Capt. [4.AC_I(-
tvoon, and Capt. DIXON, of the Alc//0, o'F-r"p
thrown out of a single horse chaise at Gosport;
and we are sorry to say, the latter Gentleman W°
very much hurt.
On the zest of 061ober two gentlemen went
shooting from Moffat, and, after having kille
number of muirfowl, hares, partridges, snipes, fge"
when one of the gentlemen was descending a (IcLri,
glen, within two miles of Moffat, a large beaupw.'
cue :7
young eagle sprung - from one of the rocks.
hapificned to have a ball in orle of his-bartelo°
the purpose of shooting deer), and with:thiite 6"74.:11.
at the eagle and killed him. The eagle_
upwards of five feet from tip to tip of his wings' a
few days before., a gentleman saw an eagle 01'0'

by two Rorhan ravens, near the same spot.
A genteel young man was on Saturday re-eig:
amined at Guildhall, on.a charge of defrauding
ral Tavern Keepers. He was in the habit of g°lll'
to their houses and ordering a good dinner with 13
sorts of wine, when after solacing himself, he crlO:',o
Order tea or coffee, and tell the landlord. he 'fee
going to call on a friend, and would return in I

lUillilteS•

In

LAW PEPoRP,

JURIES, IN GUILDHALL, LONDON.•

CC
~ere
w:4

COURT OF KING's BENCH,--OcToszt 30.
SITTINGS BEFORE LORD ELLENBOBOOCH AND SPECIA.S.

ALLERS AND OTHERS V. TOBIN AND OTHERS

Mr. GI e us said,, this was an AC-tion by the Vain.
tiffs, owners of goods shippidlon .board.a vessel
called the.Youpg. William, which was, the property.
of the Defendants,- and .whichicame on her voyage
from Jainaica to.--the port of London, to recover
, c0Tpe340.,0,3,,f0r-the loss which was occasioned to
th1591.1226-44iik of the goods. they had on board•
thabhhip scxtvrrolter she sailed, she became ex.
tryisjeilt Isaky k.lhe was therefore under the neces.
sit!--sf,-aig pan,- back, and the Captain found it
necei,sary„to.:Sell part of her cargo to defray the
expellee of repairing her ; in which the Captain
was not only justified, but it was his duty.so to do,
for this was money laid out for the general benefit
of the Owners of the Vessel, and of the whole of
the Cargo, without which the whole, most probably
would have perished ; it was therefore the duty
• of the Captain to sell part of the cargo, when
he had no other ,means of raising-, money to
defray the expellees of repairing the ship, so
. as to render her fit to peaform her voyage, and
he did so ; but they were sold at Jamaica for less
than they would have sold in,. London,! and this
Action was brought to' recover that difference.-t.
The ship and the rest of the cargo reached Eng-
land, and the goods Wereiold here. All! that the
Plaintiffs wanted was, to be put in the same situa
Lion as they would have been in, if their goods had
also arrived, only contributing their share to 'the
expence occasioned by thui providing for the gene.'
- nal safety of the ship and cargo.
Lord ELL tiesortoUGH-.-M.And the law puts you
-in that situation."
Grass said,* it did so, but the Defendants
disputed it, and therefOre- the Plaintiffs were'ob-
liged to come to the -Court; It was.adthitted' that
the
good, -would hive sold -for 3831. 4s. id. if they
had reached 'England; at Jamaica they produced
f1Y:7401. :Now the question between the parties,
wb cotitd,. be called a question, was,. whether the
lai.ntjfalattre.;to have the value of what the god &
would. have produced, if they had reached England,
4:4
to be contented with what-they did produce at
bine
/ :-; vi b - .
j, —yro,...A.t.x.vpaCotratt ,said, that if the- good.;
'ad been thrown overboard •in a storm, for the
safety of the ship, the Plaintiffs would have been
ntitled to call on the Owners of the rest of the
Property to make good the lois, according. to. their
resPeetive proportions. Goods:on board tvefe the
taitirnon property, to be diapOsed of as the common
tafetv might require.
Mr. ERsKINE and Mr. PARK on behalf of the
Defendant,, submitted whether, if they shewed, as
'ltty could shell:, tjtat ti ese goods were sold at Ja.'
ni'llea with the consent, and at the desire of the Con.
Sitoot, !le agent of the Plaintiff's, they' who- di-
rected the sale, could recover more than they adually
prod'aced at Jaina ? •
-'
v -14)r4ELLI..ntsoltOt101.1 said, that this:might. hatte
L'eF" ,! -lie to obviate, doubts which might have been
"tetained .as to the propriety of the sale ; but if
the agent hate really con,ented that the goods of his
13tvilers should be sacrificed for the, general benefit
sbf the rest 'of the property, without any -claim of
testitution, he shOuld consider that in the light of a
e'nsent by an insane agent, which Could' hardly be
tll/4;id to hind his principal. But here the consent of
agent was nothing, because tire. thing could
have beti done Without it. . - •r, Mr. Ea.,Etris said, it was adriii-ated- by Mr.
taBS that the Captain, who was the Defendants'
r4getit, had a 'right sell these god:h. , and there.
Lute Ow first taunt in the Declaration, which corn.
Plaited a in the Defendants for not delivering i'`r
goods as common carriers, was at an end. The
tlext count was; for 'money had and received by.
the Defendants` for the Plaintiffs' use. Money • had
4„odreceived fOr the use of the Plaintiffs,- the. De.
fen antics. had none,,for they had paid into Court all
e (I,' had received. The Declaration
the tight utd'lla`ve'isAittined a Special Count,,stating
neEtiii4rlh4e was of selling the goods:at Ja...
'n,4ica, thereby occasioning a loss to the Plaintiff's,
Wei* scaly' kit.o
s, tJrct Etztrltootzovoll inclined to think that it
:()tliti have 'been so, but raking advantage
of that
rint. would only turn the parties round for the
t and dtive tliein to another .a6tiOn.
Wave; -Rsittlea and Mr. PARK said, their Clients
are that' objediiin', and as all the farts were
Lgaweci uPon and admitted, they abide by the
as m
I'l. ' ti laid down by his Lordship.VerdiCt for
•ft.
dlni Damages 1631. Ir.'

CLERK. v. COCK.
l e was an ~.Etion upon Bills of Exchange to
amount of = too.. accepted by the Defendant,
which the Plaintiff was holder, for a va-
-1111441e consideration. The acceptance was
tot con
themselves, batty letter ; a correspond-
dnee took. place between the Defendant in LOU-
'ir°`l3 and.a Mr. Richard Woodwg.
whic .1 in Liverpool,
some h Mr. Wpodward, after, referring to
15-dealings . he had 'with the' African Com-
informed the Defendant he had drawn Bills
4' 'I"; and specifying them; and the Defend.. bc:t.4eknowledging the receipt of his letter, taking
assi:ce,"l the adds, " and which you may be
caalf.r"t:' wilt meet with due honour." -.- These Bills
it ;.Into
„ hands of the Plaintiff at Liverpool.
aftert4S;a-'111). }tied that they were not sent up by.him
tentl.he ..,accepted in due form, hut were-
•paym"rec,iffir4.p4Afen,r . When they became due, and
td. —tei,llVo4s,•Rfusedz, Woodward himself .conceiv-
afte.-""atoM4 ye.3iipi;i,a proper, acceptance, for he
49,ept ah em, ..the Defendant,- desiring him -
tip
consequence of some other
theln the !ands of the Defendant being attached,
the There had been, some proceedings between
parries in Chancery.
•
til,4! was contended that under all circurnStances of
biLa,c.ase, this Was not an acceptance of these Bills
"tung in Law.
Po
t J-44(1 Ei..t.iiißoßovoll observed,. that in
int
an 4, law he was botii)kt to 5..);, he thoughtthis was.
NalelePtance. Wherliet done by two instruments,
3 tape
Bills and the Defetidates letter, or by

matte ne ctiiter6iCei If it was the iceeptane
I of the Defendant, nothing done afterwards by the
party in whose favour the acceptance was given,
could deliver the Acceptor; and he was as ninth con-
cluded by operation of Law, as if he had written
an acceptance in words at length, upon the Bills
themselves ; nor would it, in-point of Law, as he
'held it, make any difference whether the holder of
the Bill knew it or not, provided the Bills
.were in
.existence at the time when the Defendant wrote the
letter referring to these specific Bitisi end saying,
" which you may_be_ assured will,ginet:Wioi;due
honour;" and that, the party fairlApaiugtyre Bills,
-
had a right to avail himself of theit.6vo
instruments, namely, the Bills and, thi's-asCeeptarte.
It would have been otherwise if the Bills had not
been in existence, or being in existence, had not
been specified at the time of writing the letter, for
that would have been only a promise to accept, and
there was a distinClion. between a promise to ac-
cept, which- was not binding, and an.aanal accept-
ance, which was binding. He kne-tVit had been-
often lamented that any thing should ever have
been held to be atl acceptance of a Bill of Exchange
but that which was written on:the -Bin itself, but it
was too late to aCt upon that dO6trine now, for it
had been held ling ago, that there may be an accept-
ance by other means, as well as by writing on the
Bill itself; such his Lordship held the case to be
here. He was bound in Law to say so, -for it,
Would be infinitely dangerous that a doubt should
go forth for an hour, upon the question, Which cu.'
tainly,in these cases, wits invaluable. •If it. was pro-
per that the Law should be confined to acceptatfces
upon the Bill itself, Parliament was only competent
to mllce it so. However, this matter Was so ;im-
portant, - and the circumstances of it, in many, re—',
speCis singular,: that he wished is to be• turned into
a. case to be argued before the Court of King'S:
cnch, in 'order that.his judgment might, be cot—
reetkii if it was erroneous. - -

Verdi& for the Plaintiff.--Damages 261... v, id,
subject to the opinion of the Court upon the Case,
&c.