The Sun.
London, England, 1802-07-24 00:00:00

EFTRACT OF A LETTER FROM PARISi JULY 19.

" The Installation of the new Bishops in France,
has been treated in several places with a sort of de-
rision, which must wound severely the feelings of
these Prelates.—At Doge, (Auvergne) the Bishop of
CLERMONT experienced the most.M9lt,ifying rec(sp-
tion imaginable, not only from the towns-people,
but also from the Military—During the whole of
the ceremony the Troops were under arms, as is
customtry, but the hand made choice of music
known here by the name of Bastriugue, and the air
Ah le I'd Oiseau ,vraiment ! which is adopted upon
all occasions where popular contempt and Motkery
are meant to be demonstrated without the aid of de-
clamation.

"The AElors and Aflresse3 destined to play their
parts upon the Theatre de la Comcdie ffranfaise, are
in future to make their first appearance at the great
Theatre of 'Versailles ; it is here they are to be
heard, examined and judged, previous to any display
of their talents before a Parisian Audience.—
Mademoiselle de CtiAtnot is the first who has sub-
mitted to this ordeal; She performed last week the
chara&er of Phcedra, with great success ; her voice
is remarkably fine, and as well as her figure, ad-
mirably 'well adapted to Tragedy.
" BONAPARTE upon the Parade the r 4th July, was
'dressed in a plain blue coat, with two gold Epaulets,
but as soon as he returned to the Palace, he dressed
himself in one of the most richly embroidered silk
coats imaginable, of a kind of marone Colout ;
white silk waistcoat and breeches, and to add to
his magnificence, he wore a sword. ornamented with
the inestimable diamond, known by the name of the
Regba's Diamond.
"My Lord HOLLAND and suite arrived at Paris
on the evening of the 13th, and 'his Lordship was
at the Patade in the house of Citizen MARET, the
Secretary, but he was not presented at the Levee

" Lord EGREMONT, Lord STAWrELI., Mr. COcx-
ERELL, Mr. KEMBLE; and a great number of Eng-
lish Gentle nen, have lately arrived at Paris:—The
Marquis DE LIMA, and the Count STAHR EMBE kW,
are distinguished amongst the Foreigners who have
lately appeared in the polite circles;

" The igth Thermidoi, or jd August, is fixed
upon for . the FIRST ColisUl.'s lehlo iog to Si.
which hat been repaired and.fitted up in a
stile of splendor and Magnificence scarcely to be
imagined the Theatre has been ptilled down and a
new Onereetecl, according to the taste of ropiTAINF.,
the Architett, who has placed it at the.-end of. the
Oran.kerie, so that BbtlAtAkfE may `go to it from:
his apartnierits %=,,ithotit being -seta—No ?Ake in•
Europe can pie with St. Cloud, :,in elegance dr rich-
ness Of decoration ; One hundred and fifty men are
daily eMployedin gilding the Saloons,. &c..arid the
Mdsenni Of PiEfOreS at Versailles is to be stripped
for the purpose of ornaMeniing this seat of luxury
and refinement.; the estimate of expences for re-
pairing and beadtifying it, amounts to the enormous
sum of 3,500,000 livies, and when the furniture
is included, the valuation will .exceed, 6 millions.
The Consul has ordered 60,000 livres only, pe.r
month, to be appropriated to the payment of these
accounts.**

VAtixnAli..—On Monday next July 26th; Will
be given a Grand Fete in honour d the:Peace,
the particulars of which will be given on Monday.
The ARCMS 'SHOE OfCANTERBDRY-11aS appOinted
the Bishop of St. DAVID'S to the turd tieanery of
flocking; in Essex:,

•
Ort the 27th. of Bober last, as Mi., GREGORY
JAeistort, the India Company's Agent at Kedgeree,
with his wife and family, and several other Ladies
and Gentlemen, in all seventon petsons, were pro-
ceeding to Calcutta in his cutter, it accidentally
upset below Ctilpee, when Mrs. JAcicsdN's mother
and sister were unfortunately drowned; and the
remaining fifteen, after enduring unparalleled hard-
ships, and just on the eve of perishing, were pro-
iidentially saved by the exertion of a poor descry.-
ing fisherman and his boat's crew.

The Assiut for the Hothe Circuit commence at
Hertford on Monday next, before the Chief Baron
MAC DONALD, anti Baron Sir BE AUMONT HOTIiAM :
and on Wednesday they will open their Commission
a t Chelmsford.

Yesterday morning a Bath and Bristol_ coach,
coming into town, broke down opposite Lord Co-
IaNTRY'S, in Piccadilly, by the neat fore-wheel
giving way ; fortunately no accident happened to
any of the passengers.
The Betsey; Ireland; of Arundel; laden With
stone; foundered as she lay at anchor in Studland
Bay, and the crew were all drowned. The Two
Brothers, Garratt, of Cowes, run on shore on the
sands in the same gale of wind,

ril"-REPOR

COURT OP Kikl;srEkorr.

SITTINGS sErOP.r. LORI} rti.Eniniiitciud,x A !;1.1
JURY GUIL6.IALL, I.ONDON-‘---Fit

ti AIIsiiS..ANIY• A noTiii a

This was ah'Aaiiiir fa the breach bc,a Conruß(.l4
• •
the o.:fendant' had agreed to tell the
GaJdwill of the." Trade' lie followed, at
the tinie.rif entering into the Contra which was
that of adealer in i:te and brandy, &c. in,Newgatc
Street, for which He ''as w baVe the sum of losct.
and the Plaintiffs were to l t reit Ise ail the stock
in trade of the Defendant, wl :6 they did and raid
for, amounting to between 7 80001. For these
considerations; the Defendant engaged td instruct
the Plaintiff's or their Agents; Sce, lb the art and
mystery of his trade : not to go into it himself in
any other place but that be Would, as far. in
him lay, recommend the Plaintiffs to all Iris ens
corners; so as to induCe them to 'continue
favours to the Plaintiffs in like manner as they had
done to the Defendant. The Deed contained seve- _
ral other Covenants, biit this last was the material
one in this 'case.—The last clatise iri the Agree-
ment provided, that if either of the parties should
refuse or neglea to perform any part of this Agree-,
Merit, that then the penalty of zoool. should attach
in ten days; and be sued for and be recoverable in
any Court of Law; &c.
The Material breach assigned against the De-
fendant was, that he refuied to reconimendthe
Plaintiffs to his 'cuStomets in trade, haVing refu.ed
to sign a letter intended, by the Plaintiff , to,be
`circulated by their Rider all over the country; &e:.
whereby the Mantas conientie'd. That the Det,,Li,mt
had forfeited the penalty in thib Agreement,
Mr. Ettsg.trE opened the Case op the part of
the. Plaintiffs; stating all the eiretitristanbei
the material parts of which afterWards-aitexr-
ed in Evidence; -and' many other eir'etinistane§
which did not appear.—Of the Evidence the 131-
lowing is the substance:
The Agreement was prOVed; arid read; after
which

Benjamin Hanson; the sori of One of the
tiffs, said, he remembered when his father and Mr.
Williamsoh, the other Plaintiff, and the Del'en.l.int,
were together, when they propo.sed to the De-
fendant A letter, Which was intended by them to be
made a circiilar letter to all the cdstorriers of the
Defendant hi iris trade; fOr :to sign it, at the
same time desiring him to di-ow out another; if he
did not approve of tht ; or that he would make
such alteration in that; as he thought fir. They
presented to him the letter, brit lie refused to sign
it, unless they gave some further Consideiation
for the lease of his house, saying, he thought it was
.Worth about 3061..-:'---He then looked at the letter
that was presented for..him to sign, and the parts he
disliked he scruple our, and made several altera-
tions with his• own hands.; to which the Plaintiffs
submitted, but even then the Defendint re(used to
'sign-the letter tirilesi they would allow Ititti cer-
tain further sum for his •leaSe tyon which'l\ll.r.
Hanson offered to leave the difference between
them to the arbitration of :airy two I t.% persuns
chosen by both'sides; to Say whether theLDeleamt
ought to have any more money do tads cttse,thnlhe
had already received; for they .iv;tn rn 1 •no
1-1 awl] Liaveller ready to gb-brf: the
business of the-House..---But: the'Detendant objected;
saying, he would leity.e_it to the deierniirthtion of
his own friend, naming-a All%,Brewin for-that
pose.; but not:Jrave into the decision of
any one, but to some person Of his Own nomination.
,After this, another meeting took place between the
parties, and; the Wimess:was present at,that also.
The rlaintiffs,again pressed. the Delenda.nt td sign
the letter in the presence of .several -other- Wit-
nesses. The Plaintiff's. asked his whether 'he
.persisted in. his refusal to sign the letter U. He
said he did._ • they told- hint _that- if he wFittld
sign it they would., haye_a_nurrther of them
printed and circulated for:Vie, trade of the House,
and pressed' hirniigairt td srgti- but he said he
would not sign it, unless-he received a consideration
foe Lease. lie • vtidlte: wdeld take igol. for
this Lease, and w,eiuld 419 E -sign it wilthout that sum.
,The Witness had conversation himself afterwards
with thefDefendaritf and offered film this nio'ney
otit of his oWn pOcket2; ifle..W6til".:sign the praiios.:
ed Circular Letter wiiielt he .had alterCd- with !lig
'ckrt inade-zatiter hiunti.insted of being
rt civil entreaty.,far the continuance of fitvour ;
the Defendant' Wodld odt sign-theletter; nor wotita
he take the money from the Witness, aying that his
father, the PlaibtiWlLoson„.slotid send him a 4601,.
Note and lean it to him hew would take
of &e. •
sornd othee.Witnetses corroborated, this aerpuot
asTir as it related to the refusal -.tht: Ekrendant ttr
. .
sign the' Circular. Letter; • •

It then appeared in -evidence that since the De.,
fendant had transferred this htisities§.tb the Plaintiffs,
he wrote It...tters to several customers, its
which'he threatened to stic then for non-payment-of
their and taking but slight notice of his sue,
cessors inlansiness, which Was contended on the
part of the P'aintiffs, to be an ill moth to procure
business to them, &c. •

• It was contended by Mr. Gtras,
,ori.thh.parrai
the Defendant, that unless my tosrd:Chief Justice
should be of opinion that the damages Were the
penalty in the. Deed, in which case the DiAr prro-
nounced their amount to be 2odol. withaiit any
consideration of the Jury, they would have to cono
sider a case of daihages in the dark, because PO loss
was proved to have been aelually sustained• Me
said, that the truth of the matter was this, Tha't
had the case been to he decided bet Ween the Dea
fend= and one of the Plaintiffs only, Mr. Harson,
it would have been easily settled, for that Gentleman
knew, and was disposed liberally to interpret the
spirit of the arrangement between the Parties; Tut
unfortunately;the other Partner had the guidance of
this business. In reality, it was understood that a
considerable sum should be allowed to. the atfend.
ant for this Lease, bat he had rot the precaution to
provide for this by an express coveniml. in tlyt Deed,
and therefore, in point of substantial justice, the
liefendant lalthough he had omitted to do one
thing which he covenanted to do, and therefore
there must be a verdid against, him) owed tho

l'iaintiffs nothing; for these reasons, he ttusti'd the
Jury would give only nominal damages.

Lord Ent E DO ROUGH said, that his opinion up_
•n the point of Law in this case, was, that the
ilatnages were not to be considered as stipulated-and
liquidated damages, according to the penalty in the
Deed, because the zoool. penalty therein stipulated,
was for the purpose of securing the performance of
all the Covenants in the Deed, and not attached to
any one particular Covenant in it, and therefore,
supposing him to be right in his construlion of the
Law upon that point, it would be the province of
the Jury to. estimate the damages which the Plain-
tiffs had sustained. Now, upon that subject, his
Lordship did not agree with the Learned Counsel
for the Defendant, who contended, that the damages
should be merely nominal, because they were quite
in the dark as to the amount of the damages. The
Defendant himself had furnished some clue to tY,o by.
He had himself stated, not the sum above, but the
sum below which, the damages ought not to be as-
sessed : He had himself estimated the price of his
compliance with the Covenant at 'soh This was
the Defendant's own valuation of the thing, and,
thereforaw, the damages should, by no means, be
under that sum ; but his Lordship meant this.as an
answer merely, to the observation, that no price
could he . set on the injury sustained, by reason of
the non-performance of this part of the Contrad, on
the part of the Defendant.. He wished it to be un-
derstood, that he by no means attempted to induce
the Jury .to limit the damages to that amount : the
whole of which, upon the circumstances of the case,
he left entirely to the determination of the Jury—
who found a Verdict for the Plaintiffs—Ditinzges
sool.