The Sun.
London, England, 1805-11-21 00:00:00

L.,-11?-171EPOIZT.


• .--reizi-414411 tr,l!
'COURT OF> COMMON PI,EAq, Nov. 19.
RECNIZA.

MSc. Serjeilrit applitcl,to :the Court, (11 on
bel'33 if of-the-Deputy of the -Cutaos -Brevium Office,
praying they would take- intd.consicleration. the e.<-
cessiv,,, (May experiviiced in the Registry of Fines at
the Ci;',rop,rlpher's Office: .1-1 e 4tatechtilia they were
now iti3ity ycar3 in-an-oar; 'and in orciee to remedy
the cic•fetqiislpeedily as possible, be suggested the
propriety of incte6sing the nnmber of
-Clerks in that
Office, there bein • now •only. five, whose whole
time•was-occupiediti .frarisatling the current busi-
ness ;of the Office..

' Sir J.U72S MANSFIELD expressed his regret that
a representation which -had been already so fre-
quently before the. Court should still remain unre-
medic(' ; and after -some inquiry from the proper
Officers' direded"that tbur additional. Clerks should
he employed on that establishment, whose time
sboultl be entirely dire6ted to getting up the arrears ;
two to be paid by the Custos Brevium, and two by
the Chirographer.

?ARSONS P BOVELL;

This was an application to the Court, on the
ground of 'a policy of insurance,. by Mr. Serjeant
.11r.5T, for a Rule to slew cause why, the Defendant,
‘c ho was the Underwriter, should not pay to the
insurer the amoutit of his insurance upoh tht Ship
Accomplished Quaker, lost on 'her voyage from
Di'outheim to London, with her cargo of tar:
Trial in this Cause was had last Term in this
Court, with a Verdi& for the Plaintiff; but the
money, through some eansp, was witltheld.—Rule
granted. •

LUDLOW V. SIR JAMUS cocxnuivsr.
Mr. Serjeant BEST moved for a Bak to show
cause .v,by the proceedings against the Defendant
o,use should nbt 'be set' aside, with costs.—
The Pfilintitf had.brought.his original Action for a
stun of-'zol. 'illeeiged to be due to him for goo:1s
told and delivered to tho Defendant, for which,
without any 4e6011:d applialtion or notice of ilk pnr-
prise, he arrested' the Defendant ; .who, not baiving
any order for a part of.gle.goods charged,
amounting to 41. 128. did, by the advice of his-4,
torney, pay into Court 1.51. 83. being all the.money
be fairly, owed. This sum was. taken out ofCourt
by Plaintiff, who 'then commenced a fresh
..11,Aion against him for 41. 145.. with costs.-4tule
gr2nted.

3cOTT AND CO. V. TrIORN7OI4,

Mr. bericAnt LENS ninvect .co.setiiide the Ver-
dia obtained in this Cause, i'warding to the
tiff a sun), of 40001: being he: principal and corn:.
pound interest of An original sum of 2.5001. the pap=
merit of which the Defendant bad guaranteed.
The circumstances oftheCase were, that in the
year 17)2 Williara Blaine, to. Wham. Scott and Co:
were Bankers, had-agreed .to lend his brother, Tho-
-0/.ls Tjairie,2s,ool.-upon thegnaraniee Otthe De-
fetidant,.Thornton, for the purpose:Of being laid out
in the improvement of certain-lands. in Anierica, the
profits accruing from which, Otter the. accumulation
of ten thousand: pounds,.. were to be appropriated
to the re-payment. of the 3301. with the compound
interest ; but Thomas Blainaipeccuping a, Bankrupt
before iat.siun was accumulated, this Aaion was
brcraght io recover the elm guaranteed, with corn-
,pound interest thereon. LeNs! objection to
the Nierdift. was, that the,non-payment of the prin-
.Cipal snit at a much earlier period Was not owing to
any, ilefault of the Defendant, who was ready to
pay if, but to the negle&of the Plaintiff in not ap-
plying for it. liethought it, therefore, extremely
bard that the Defendant ,should not only be ex-
posed to the I6ss of Alm original sum, through the
hinkruptcy of Thomas Blaine, -whose surety he had
`become to his, brother, through mere friendship,
but' also be rendered liable to the enormous accu-
inulation of compound interest. He hoped, there...,
thg Court would either Set aside the Verdi%
or order such dedudion fiord the sum awarded as
shoUld seem just and re:..,onable.

Mr. Serjeant SrtapnEttn objeaeci that the Ver.
aia was an extremely fair one, though given in
opposition' to the testimony of Thomas Blaine, the
Bankrupt, who was brought forward on the Trial
to swear that the debt had been settled, and no
ground left for aklion, altlio' his letters to his bro-
ther produced in Court acknowledged the very con-
trary. The Jury, very properly; refused their cre-
douce to the testimony of a man thus contradkting
hiuhell, and found for the Plaintiff. Ile, therefore,
llopc.J. the Court would make no deduction from the
swu warded, •

Sir ..I.x..mns.lNlANsvrtir,,o allowed the Case *as ra-
,ther a hard one upon the Delendzint Jk did• not
at thil 1)4-Aleut well know hoW to decide precisely,'
whether the whole of the compoundinterest ought
to hL paid, though he was aware that, u mercantile
transactions, compound interent was usually, allowed
:;ttnts of money vested in this way,. i,fe thought
the matter.should be rererred by the parties to the
adjustment-of. the Prothonotary ;. but in the mean
6cdered that the Defendant shohicl dire6tly papY
001,11. of the Win awarded by the Verdict, leav-
ing the reniainder to "be settled by the Prothono-
tary. • •

,
tion.t cfyritaineB Tit the .3;1I,, 'IV, Whillltt,tnitted 'te
give any iccount of the...sums-laid out tbr the: Swihs
Cantoni. The Plaintiff excepted to the . ausw -cry 4„9
insufficient, and the eXceptions this -daTtn oae on
to 14e arued.
Mr, RlcfltßDs and Mr. TIOLLisT insisted that the
ffeh;etic Constitution n6t, bind; a` form of Govern-
ment
ackuowledged by Grea Britain, the Defend-
ant was not bound to make any di covery of trans-
actions with respea to which he had acted as Agcut
.to the old Constitution of Switzerland.
_ _

Mr. ROMILLY Sad Mr, PENRT—N, ,ri oe 1
11 othert
hand, contended; that the alteration in the thrtn'of
GOVernment of Switzerland made no. difference—;-as
the Money had been invested on BritiSh security, the
Agent had no right to avail himself of the circuru-
stance of the country having adopted a .different Con-
stitution. As well might it have been said, lithe
ExectitiVp Government of Enghind had money in the
.Bank of Genoa; previous to the revolution elf 1688,
the abdication of the Monarch (night fo.prevent its
recovery. It would have been thought extraordinary
if those Banks had urzed, that the acts which the
English deemed an abdication of the Throne appear-
ed to them dittbrent; and therefore they were not
bound to account' for the Molleir entrusted to then).
The LORD en.tNentoa, witliont'entering into"
the question, or anticipating 'Nrhat might be his ul-
timate determination, decreed, that in the present
stiofoe of the business, the Defendant was:bound to
put in a more sufficient and satisfa&ory answer.

• COURT or KINC's BENCR, Nov. 20.
. Mr. liiist.rtis moved for • leave to file 3 drlini..'
, naljpformation against George Michael Dance, an
Attorney of the Court, for a libel on a very respe6t-
able Gentleman (Sir Manasseh Lopez). The objea
of the libels which he had to lay before the, Conn
was evidently taestort money from the Gentleman
on whose behalf he moyed, By the affidavits which
he held hi his hand, it appeared that the Nephew of
Sir M. had bad money transactions' with Mr. Dance,
who had advanced,hini wool. FOr this sum, the sis-
• ter of Sir M. and the mother 'OC:the ne9hew had
. .
, given loin notes of hand; which were not honoured.
Mr. DanCe had applied to the Gentleman, and re-..
presented for payment, and he, to oblige him, had
• advanced the 2001. . But net cement with this, he
had•ever since followed him with unrelenting. abuse:
and threats w endeavour: to extort More money from
him. Mr.tasmin here read a loPg correspondences,
in which Mr. 11 complained, 'that as he was ruined
by ,the family of Sir M. hewind have recompense
from him, or he would expose him and all his con-
neziong. He had accordingly published a hand-bill,
in which he stated his. Lady to have been, a common
prostitute, and that her mother cried oystersin Lon-
don. The Baronet him Self was described as a,boar,
who kept company with a lop-eared sow, and a re.
ward offered for bringing him to- the whipping-post,
With much other scurrility of the same curt.-11Ule
to she* cause. granted. :
Mr. GAttaow moved fOr a Criminal Infotination
against, Major General Barton. He founded this
motion upon the affidavit of Sir Hugh Dittos, Mas. 7
sey. The affidavit disclosed .several family transac-
tions, ',Sir Hugh was jell ekecuter of a relation in
Iteland, under whose-will he sold some laud in Ire-
land ; but a doubt arising as to the propriety of the
transa&ion, he refused to execute .the cOuvepoces.
The General, whewas' interested, became irritated
at the delay ; and after an angry correspondence on
the subject, he at length grossly insulted Sir Hugh,
whom he met in Bend-street ; and ain:bng other op-
pivbrioiweltpressions, called s,,tuidrel and a
coward..,--Rulaisi granted.

Noirtmiliat 20.
LONGFILLD 71. CAINIERON.

Mr. Serjeant c KELL moved, in the prestnt,Case,
to make absolute a Rule, for which he moved on
a former day, to sliew cause why
.an attachment
should not issue against Robert Ratsay, Ihrst
tenant oh hoard His Majesty's Ship Mediator, for a
contempt of Court, in the rescue of James Cameron,
a seaman 'on board of said Ship, from a Sheriff's Of-
ficer, who had -arrested him for 601,

Mr. Serjcant SR ergT:un shewed cause against the
rule. fie said, that a writ had been 'Sued out of this
COurt,.. by'Mr. Wallington, an 4ttorney, . against
Cameron, a seaman- on board of the Mediator,
for Gol. :It ,was direaed. to the Sheriff' of iiamp7-
shiie, and Yates, one of his Officers; was 'sent to
execute: it. Yates's affidavit stated, that he , had
proceeded to the Mediator ptf Spithead, ,and called
for Cameron, on some feasible pretence, and that
Cameron came to him in thtt boat alongside, when
he arrested him ; but that Lieutenant ilittsay came
to the side, and Ordered Cameron to come:jinni&
diately tin board, which he accordingly did, in spite
of the; Officer, who 'Mowed him up the side ; but
the Licutetant stood at the gang-way; reftising to
admit him on hoard, With MS foot raised as 'high as
the Officer's face, threatening to kick him over if
he •atteMpted to came farther. He :hewed his

• _
warrant, said he had arrested the Pri:ieler, and that
if the Otlicir detained him, he must he au: orlible
for the result. The Lieutenant, however; refused

to surrender him, and tile Ofticerfeatne away with-
out him.

The affidavit of ToWell, the assistant of- Yates,
supported bia testimony; and another affidavit of a
person named MiCready,- proved the service of
nn-
tiee on board the :ship. But in answer to those af-
fidavits, Serjeant S'ireP.nran produced the -affidavit.
of Lieut. Biltsay, stating, ,that on' the drirel the El).
was the quarter-deck, with several ,of the
'ship's company, dirceling sinne neee:Nary service,
When a person came, and said, them was somebody
Fria boat'alongside,,who had a bundle for Camerc4
and Wished, for leave to ccane:. on board. This the
Lieutenant refilsed, as contrary to the Captain's or-.
derri'against the adMission astrang-ers -without
"l&ve; but Cameron was told hr ntigliugo down to
'the boat and receive his parcel. ITe accordingly:went
,Thr thtt T purpose,
,and shortly afterwards' the centinel
at the 'gatigWay gaVe notice that CaMeron was. arrest*
et,h Lient
him
then.olled4Alt to 'Cameron, and
ordered lint On board, and he catne,; followed by a
Man, who said he had aileated him fear and Must
flake him on shore. The, man, slieWeel a ,Writing„
-which' he stated to be his writ. - ltatsay said,
he did not understand the business, of writs;: he had
no wish to resist any legal prOcess, but could not,
.-surrender ,the man without the orders': of his Cap.;