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

NOVEMBER I.

,:,I),T;Quo
'OLD • AND. OTailo aAtibUl•
) • , efl •
TH Is was an Aaio'n to recov
Damages of the D'efendant, for imit,legekag Tvaity,4o
put Goods on board the Plaint itl's'Ailitimitt6tfijt.ol,
pursuant to an engagement enteredVi!i;t4.: ,
t)tke,por-
pose, by the. Defendant's Clerk, on. bolutlf. of the.
Defendant, in a Letter written by him to .the'Plain..
tiff's in... London, and which was stainped,, as the
'Ad of Parliament direets, for the purpose of being
given in evidence.

The fads being proved, it was attempted, by
means of the evidence of the. Defendant's Clerk, who
had written this Letter, to explain, the meaning of
the Letter, and to prove that it was not intended
to be conclusively binding .on the. Defendant, and
that all that was qnders.tood by the Parties was, that
the Delendant-was- to secure a preferenc'e forr-täo
Tons of Goods, to-be put 6n board 'the Plaintiffs'
Vessel, at Surinam, if they could get . them; and
that. this Clerk of .the Defendant, bad no power
from him to enter into any agreement beyond that ;
,but Lord ELLENBOROUGH observed; it would be
infinitely dangerous to allow Written rnstrumenti
to be qualified or explained away by Parul Testimo-
TT. Every Writing produced in a Court of Justice
as a piece of evidence must speak for itself, and the
meaning of it was to be taken from the Words of it,
and not from any thing any of the parties might un-
derstand to have been intended, or might, loossibly,
chuse to represent ; if it were otherwise, all the .
Written Instruments, containing Con tratis aril En.
gagetnents in Trade, might be made void. A:Clerk•
who was known to ad in business for another, must
be considered as the Agent of that dther in treating
upon his customary business, land binds his princi-
pal by his ads.
Verdict for the Plaintiffs—Damages 6031.

• HEATH AND OTHERS V.
•
This was an 44ion of Trover, fot Ima,chird
part of a ihip, of which the Pl' ir c.if,§,Nrtiok
owners, and which the Defendint atOraiz;feirrsd
withouttany tight to do so.
1,1:‘,v .:•Jz c. 21
This Case depended entirely on t E 59PAVV.Ion
to.be put upon an Aft. of Parliament made t9:Tegu.
late the Transfer of Shipping, commonly c4lleki
Lord Hawkesbury's it was agreed to turn the
question into a case for the opiniort of the Court of,
King's Bench.

Verdiet for the Plaintiffs, damages incl. sub-
jed to the opinion of the Court upon a case to be
stated.

•
REYNOLDS'S. Comedy was repeated last night at
Covent Garden Theatre, to a very numerous' Au.
dience, a d was received with general approbation.
There have been some considerable and.very jUdi-
, cious•curtailments ; and if it is not now an- ele-
gant and regular Comedy, it is at least lively
and pleasant Entertain Merit. MUNDEN altered his
dress, and we think- for the worse; his fattier dress
was,more absurd, and consequently made him hear
a greater resemblance to the Loungers of. Bnncl-
Street. Of the general merits of the Piece, and of
:the-exertions of the Performers, we have already
-given our opinion at length.
While Mrs. MATTOCKS, with her usual spirit
and ability,. was 'delivering the Epilogue, some
-person made such a noise, by way of groan, as dis-
concerted- her so much that She was obliged to re-
- tire from the Stage, without being able to finish it.
The ill-manners that prevail in our Theatres now,
will very soon, we conceive, drive all decent Com-
, -Tarty from them, rinlesS some effeaual, rerne:dy,is
-applied. -
• On Monday. morning last, as Me.c.A.gus,
his:Wife and child, were goingWirrisitla friend.
at Winchester, in a gig, when therchine :to tilt..
turnpike just out of kareharn, Mr. our, his
wife. $6 ing on.the mean while; and the'harse mend-
ing his pace, alarmed Mrs. A. so much that she
screamed out, upon which a waggoner, who was a
little on the. road before, cracked his whip; 'and the
Animal suddenly turning out the road into a ditch,
threw ,Mrs. A. and the-child out, by which accident
her neck was dislocated; and the child's thigh
broken. Mrs. A. -died iihnost immediately, -but the
child- is in a fair way of recovery.