The Sun.
London, England, 1802-11-03 00:00:00

ST. PETERSBURGH, Ocr. 8.

Tti
E day before yesterday we had another storm,
still more violent than that olthe zd of this month,
and which has done very great damage both to
buildings and ships. The wind ,vas South-west, and
the Neva rose eight feet and two inches : all the
lower parts of the City were under water; some
large ships damaged a part of the fine granite Banks
of the Neva ; many bloats, with corn, Szc. were
sunk, and we •were justly apprehensive of such an
inundation as. in 1777, when the storm abated to-
wards six o'clock. The damage, however, is very
considerable, and is not yet to be estimated. Of
the losses at sea, we have not as yet any informa-
tion.

The EMPEROR has published an Ukase, in which
he observes, that he has been acquainted that the
best part • of the 'Nobility and Citizens avoid the
elections and consequently the service of the State,
by which means offices fill into the hands of per-
sons unfit for them. The Senate
comrdanded order the Governors of Provinces
to signify to the Nobility, by means-of their Mar-
shals, and to the Citizens, by their Chief Magi-
strates, that it 'will be highly agreeable to. the Em-
PEROR, if they, in fUture, attend all eleClions more,
punaually,' an'd' thus concur, according to the best
of their abilities, by, promoting the choice of -pro-
per persons to the advantage as well of themselves
as of their country.

HAGUE, OCT. i 6.

IN the Sitting of the Legislative Body of this
day, a Message was read from the Administration
of the States, proposing two Regulations, one-for
dividing the Departments of the Republic into
Circles and Territorial Assemblies, and the other
relating to Parishes and the Right of Voting. it
was resolved that these Messages should be printed,
and in the mean time be put irvro the hands of Ci_
tizens SIDERIUS, Van .LENNEP, Van SORSBECK,
CUYPERS, Van der Zoo, CARSTEN, CREMER, de
JoNoE, and LULOTS, for consideration and adVice.
A .Message from the Administration of the States
was also read, proposing a general Pardon for all
Petty Officers and Common Soldiers or Sailors,
who have been guilty of desertion, and who,
within the course of three months, shall join their
Ships or Corps to which they belonged. Those,
however are to be excepted horn this Pardon who
deserted to the Enemy, carrying with them their
arms and baggage. This Message was put into
the hands of Citizens HILDEWIERS, LEWE,
BUSCH, VISCHER, and RAMBONNET, for consider-
ation and advice.

A Petition was taken into consideration from
WYCHARD PETERSON, requesting the remission of
the remaining time of the banishment to which he
was condemned.

The Netherlandish East India Company, with
the Administration of the States, came to the fol-
lowing Resolution on the loth instant :—" To
leave every thing in its present state till the Admi.
is t ratio* shall have received the Report of a Com-
mission, consisting of four Commissioners and a Se-
cretary, to be sent out to India by the first oppor-
tunity. This Commission shall assume the power
of the Governor General, and be invested with un-
limited authotity."

STOCKHOLM, OCT. IS.

YESTERDAY the newly appointed Danish Minister
to our Court, Count BLOOM'Ej arrived here:
The machine invented in .Saotl44l, for the distil-
lation of spirits, is prohibited by a. Royal Edie,, on
account of the too great consumption Of corn, which,
this method of distilling might occasion. , '."

At a Board of Commissioners held Ob Mondarlasty
at Chelsea College; for the purpose:of examining up-
wards of three hundred invalid Soldiers, recommend-
ed to that Insritition; Patrick Tenet' was committed
to priso:l by the attending Magistrate, for deliver::
ing a forged di;charge, purporting to be the dis-
charge of Genetal HEW ITT, of the r Lai Regiment
of Foot, with iitentto defraud Hss NIAIEsTr.

L A W PII:POPn

COURT OF KING'S BENCH, Nov.

SITTIUGS AEFORE Loan ELLENZOROUGU AND SPrCiAt

JURIES, IN GUILTHIALL, LONDON

BLAGRAVE 'V. BARROW AND OTHERS

TH E cause having been called on, the Parties
and Counsel on both sides consulted for a while)
after which

Mr. GIB as said—Although this cause was settle&
he ought to say a word on it. This was an aaiori I
by Mr. Blagrave against the Defendants, for inn.
puting to him that he had been guilty of Perjury.
Mr. GIBBS said, that he was of Counsel for one
of the Defendants. objea of Mr. Blagrave,
by this aaion, was to clear his charaacr, and aL
though the Parties had settled the business, yet he
owed it, out of pure justice to Mr. Blagrave, to
say that no imputation whatever rested, on the cha..
racer of that Gentleman from any thing that had
been imputed to him by the Defendants, and he
trusted that Mr. Blagrave's object would be attained
by this declaration thus publicly made by the
fendants' Counsel.

Mr. PARK said, that he was Counsel for one of
the Defendants ; lie was to be acquitted, for he was
merely summoned as a Witness.

Lord ELIANBOROUGH said, it was prCper he
should observe, that while he was Attorney.. General
application was made to him to enter a nolle pro.:
seoui in thiS case, but that Mr. 131 ;grave, the Dew
fendant in that cause, resisted that application, and
desired he Might have a public vindication of his
charafter, and with.‘vhich desire his Lordship said
he thought it his duty to comply ; the result was,
that at the appointed time, Mr. Blagrave appeared
in Court, but there was no Prosecutor, and he ..vas
of course pronounced not guilty. His Lordship
thought it due to the charafter of a proLssional
man for him to say this.
A verdict, with nominal damages, was then en.:
tered against one of the Defendants, and another of
them was acquitted, subjea.to the conditions pi,
rately agreed upon between the Parties.

CRAWFORD AND OTHERS ‘7.1. STIRLING AND oTHrnse

This was an action, Mr. GARzow said, between
two Houses of high commercial credit, and there
was no imputation upon the charaCter of either. The
Plaintiffs, sought to recover the sum of 52 0. ss. 6d.,
nothing turned upon the sum, for the amount of it was
admitted; and it was the balance due to the Plaintiffs
on account of the credit they gave to a person of
the name of Kirkpatrick who had become bankrupt,
The Plaintiffs resided at Glasgow, and one of their
partners, Mr. Andrew Mitchel, had the manages
merit of their concerns in London. Mr. Kirkpatrick
had transactions- with the Plaintiffs and Defendants,
and Mr.. Mitchel was Guarantee of Mr. Kirki.a..
trick to the Defendants to a given amount; and the
only question in the Cause was, whether the De-
fendants had a right to set off what was due to them
from Kirkpatrick, against this demand made by
the Plaintiffs ?—To this there were two objet.
tions ; first, that Mr. Andrew Mitchel had no
authority from the other Partners of the house to
ty,--Lui.4t: Ole Guatauck;c tie (Ikl fbr Mr. Kirkpatrick,
and unless they adopted his aCi, he could not bind
them in such a case, because the,becoming Guaran-
tee. was ..not within the scope of any partnership,
and indeed that, and giving bonds, or entering
into bail, etc.. was always exempted in the articles
of all partnership.—The next reason was, that the
demand of the Defendants on Kirkpatrick-, was
uncertain, inasmuch as it was not known what
diVidend might be made under his commission, and
no unliquidated demand could, by Law, be made
the subject of a set-off.

It appeared in the course of the Cause, that the
Defendants had a fair claim for the set-off whiclt
they pleaded, for that not only had Mr. Mitchel
become the Guarantee of Mr. Kirkpatrick, but
that the rest of the Firm of Crawford and Com-
pany had adopted the ad of their Partner,, Mr.
Mitchel ; but it was uncertain what might be re-
covered by the Defendants out of the estate and
effeds of Kirkpatrick, because a final dividend had
not been made.

Lord ELLENBOROUGH said, that a Guarantee
was a conrrat of indemnity, and not a debt. If a
Partner chuses to guarantee for a stranger, without
the • privity of his Partners, he goes beyond the
scope of his authority ; it is not an at done in the
furtherance of trade, and therefore shall not bind
the Partners, unless they adopt it.—Here they had
done so, and therefore this point was against them ;
but the other objection to the .set-off of the De_
fendants was valid, namely, that the sum they
claimed was hot a liquidated demand.—The Stature
of Set-off; Which empowered one person to set off
hi* deMand against another that was made upon
him; or in other words, to set up a cross demand
withoht'bringing an atlion, extended only to cases
in which the cross demand was liquidated—the
debt must be certain in its nature.—lt was not
yet certain what the Defendants would receive
under the Bankruptcy of Kirkpatrick, and there-
fore, what they will fall short of their whole Debt,
was not ascertained ; /for this reason, the deMand of
the Defendants on Kirkpatrick could not' be made
the subjet of a set-off. —Verdict for-Plaintiffs, Da.-
mages•s2ll, ss, 6d.

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