The Sun.
London, England, 1802-11-27 00:00:00

THE TiIEATEE.

Drur.y-Laae.

The Beaux Stratagem was repeated last night at
this Theatre, but had by no means so large an
Audience as might be expected, considering the
merits of the Comedy, and the talents employed in
it.

Dwyrß is such a bustling, wive Performer, that
when he is not exaCtiy charaeteristic, he is sure to
be entertaining ; and if his Archer was not critically
right, it was in point of effeCt, the chief prop of the
Piece.

Mrs. JORDAN was rather more easy in Mrs.
Sullen. The charaCter is certainly not quite in
unison with her general manners, but she is intitled
to commendation for displaying so much ability in
a part that differs widely from the province in which
her excellence chiefly consists.

In xonsequence of the indisposition of BAN-
NINTER, the part of Scrub was performed by
DowToN, with much humour and without any ex-
travagance..

CHERRY is still a little too coarse in. Foigtzrd ;
but he is a good Aftor, and is evidently rising in
popular favour.

•
- As the Mors are at all times very much disposed
to take liberties with the Dialogue, it would he
sometimes better if those liberties appeared in fe-
trenchment rather than interpolation, at least in
this Comedy, which, though a very good one, con-
tains many licentious passages, that ought not to
shock the nit', taste of these delicate times.

CowNs, the new Comic Performer, is engaged
at an advancing salary for three years at Drury.
Lane Theatre. He has hardly any of that grimace
which generally accompanies Country Aaors.
BANNISTER'S present indisposition is the Gout,
which, it is raid, he has rendered worse by resort-
ing to the remedies of Empiricism.
The Haymarket Theatre, it is reported, will
nest season be under the direaion of a Gentleman
from Bath.

SALOMON, who is an excellent Performer, has re-
linquished his cunt eEtion with the Opera -House,
and will most probably.be the Chief Leader in all
the private Concerts through the ensuing musical
SCAM.

Since the last accounts from Surinam, a consider-
able number of Attornies have determined to embark
for that Colony. It is said that Government have
been advised of such an intention, andfhave taken
the proper steps to prevent so alarming an emi-
gration,

The Courier de Londres of last night, gives the
following statement relative, to the Death of Made_
tnoiselle CHAm Rol : This fascina ring Dancer had
attraeled the tender regards of M. Euo ENE BEAU-
HARNOIS. The Consul being informed of the con-
nexion, caused Mademoiselle CHAmEitor to be ac-
quainted that she must no longer receive her young
lover. She obeyed, and informed M. DE BEAU.
HARNOIS of the motive. The latter, after a separa-
tion of six weeks, risqued a visit : Mademoiselle
Dt CHAMEROI had just made him a father. BONA.
PARTE'S Spies gave him intelligence of this visit,
.and an order was immediately issued to arrest the ob.
jest of it. The sight of the Agents of Police so ter-
rified M. DE CHAMEROI, that she died a few hours
after.

The vacancy occasioned in the Police by the death
of Mr. SCOTT, of Marlborough-street, is at length
understood to be supplied by the appointment of
Mr. FOLEY, Clerk of the Crown on the Caer-
marthen Circuit. The new Magistrate, it is said,
will take his seat at Shadwell Office, whence Mr:
PHILLIPS removes to Oueen_square, to replace Mr.
BRODIE, who 'succeeds Mr. SCOTT in Marl-
borough-street.
Yesterday Wm. Buntin and Elizabeth Buntin,
the persons in custody, from Ashbourn, Detbyshite,
on suspicion of having been guilty of the wilful
murder of Mr. STEEL, were.broughr uplor re-exa-
mination at the Public-office, Bow-street ; when it
appearing, from the inquiries made, 'that the ac-
count given by the Prisoners was corred, they were
discharged ; and, Mr. BOND ordered three guineas to
be given them, as a recompense for the inconveni-
ence they had suffered; and a travelling pass to take
them to Liverpool, in which the circumstance of
their apprehension and discharge was, stated, in or-
der to save them from any further interruption on
the road. After which, some Gentlemen- present
made a subscription for the Prisoners, amounting to
nearly thirty shillings.

GIBRyILT,IR, Nov. 3,

YESTERDAY being Anniversary Of His Royal
Highness the DuKE of .17.:CNT'S Birth-dos', it Was
celebrated with uncommon dem.-mstratlons of joy
by all ranks of people here. Numerous entertaiom
ments were given on the occasion, and in the even-
' ing the whole town was illuminated, with a degree
of splendour never before remembered, every in..
dividual seeming to vie in their endeavours to ma.
nifest their affection for a Prince under whose mild
government and fostering hand this place bids fair
to- attain a degree of prosperity superior to any
thing it has ever hitherto experienced.
The conduct of His Royal Highness since his
arrival among us, has been marked With great j9dg-_
ment, moderation, and integrity ; and on means
could have been adored so likely to contribute to
the welfare'of the town, as the Measures pursued
by him. Every inhabitant, whilst obedient to the
Laws, now enjoys all the freedom and proted.ion he
could wish, and is subjed to no constraints but
such as are unavoidable in every Garrison Town.
Passports to travel into Spain-or Barbary, either
for business or pleasure, can at all times be obtain-
ed, signed by His Royal Highness himself, withoUt
delay, or without any fees of office being taken, as
Was the custom formerly.
The Trade of the place has been freed from all
restraints, and wisely left to its own natural chan-
nel, as the most likely means or omoting its in- '
crease. Permits for landing tpping goods are
indeed required, to ascertain t to annual amount of,
the exports and imports, but they can always.be
had gratis, at the Secretary's Office, the instant they
are applied for.
The beneficial consequences of His Royal High-
ness's Government have already strongly manifest-
ed themselves in an astonishing increase in the wt..
lue of anded property, and the avidity with which
people from all quarters solicit permission to settle
here ; and such arc the happy effects of a free Go-
vernment, when administered with justice, that on
all this barren rock there is not a foot of ground in
the town fit to, build upon, that does not bear at
least double the price the same quantity of ground
would sell for in the neighbourhood of Grosvenor-
square.

DUBLIN.

RECORDER's COURT, Nov. 36.

THE following persons were this day tried and
founll guilty, viz. Thomas Gavuor, 7sseph Russell,
7. White, C. Reed, SimOn Kearnes, Chrisi. Russell,
..7ohn Barry, and Isaac !Tit kinson, journeymen
cork cutters, for combination to raise their wages,
on the 23a of September last.
' Russell, as a foreman, earning from 21. to 31. a
week, for persuading and conspiring with the others
to the crime of which they were found guilty—to
be whipped from Newgate to the Royal Exchange
on Saturday next, with a'labeL placed on him, de-
noting his offence, confined six months, and not to
be released until he pays a fine of zo merks, and
find sureties for future good behaviour, himself in
sol. and two sureties in 2,1. each.
Simon Kearney, the•ringleader journeyman, to be
whipped and imprisoned in the same manner, fined
zo merks, and give security in half the above sum
for future good behaviour.
The other journeymen to be confined for the
same space of time, and fined five merks each.
One, as representative of his fellow culprits, ad.
dressed the Court in mitigation of punishment,
pleading that they had among them zz children,
and five of their wives ready to lie in.
The Court observed on the peculiar wantonness
of their condua—men earning from five to six
shillings a daY, and setting up an unwarrantable
justification.—Combinations, the Recorder said,
must be put down, and the next culprits would
meet with much'more exemplary punishment.

This morning, about nine o'clock, IVlTran C od-
convkled at the last Admiralty Sessions of
wilfully sinking the Brig Adventure, with intent
to defraud the Underwriters, was taken from New:
gate to Execution Dock, and there hung pursuant
to his Sentence.

A case occurred about fifty years ago, parallel to
that of Cahag. Easterky, and 111'Farlane. A' Mr.
BENSON, who was a Ship-owner, and in Parliament,
prevailed on a poor relation, who was totally depend,
ent upon him, to take in a cargo, chiefly consisting of
tin, which he landed on the desert isle of Lundy, in
the Bristol Channel, and brought away by vessels em-
ployed for that' purpose. BENSON'4; vessel was then
laden with stones, and .sunk in deep water ; and the
insurance recovered on the ship and cargo. But
some of the crew, not thinking themselves suffici-
ently remunerated, impeached the Captain and the
Owner : the former was convicted, and executed, and
the latter punished by a heavy fine, and expulsion
from his seat in the House of Commons.

A Gentleman who came Passenger by the Lei.
tester Packet (arrived at Falmouth a few days since)
has furnished us with the following account of a
melancholy accident. On Sunday- 24th ult. about
midnight, a fire broke out in the dwelling house of
Mr. JOHN LAWLER, at 'Fort Sack\ille, ten miles
from Halifax (Nova Scotia), which entirely consumed
the same, with barns, outhou,es; &re. It was first
discovered by one of Mr. LAwt. ER's daughters, being
awoke by the smoke in her room, on which she ini-
mediately alarmed the family, consisting of Mrs.
LAWLER, Sister, a Miss WATSON, and a Black
servant man, who had but just time to escape
through a window ; five other persons, lodgers in
another part of the building, unfOrtunately perished
in the flames, .although apprized of their danger by
the servant, Who undauntedly ventured into the
house in the midst of the flames, for that purpose ;
but supposes, in the smoke and confusion, they could
not find - the Way out. All the property on the
premises was consumed. The names of the unfor.
tunare suErers are, Mr: JOHN BLAKE, of Halifax,
Mr. EnwARDM‘GaITIi; Mr. JOHN HARRIS and
wife, and PE-rEa BRAtr, late a Soldier in the 7th
Regiment of Foot. Mr. LAWLER was not at home
at the time, being at Halifax on business.
DAVID, the French Painter,' is occupied with a
Pi&ure representing the Defence of Thermopylae
by LgortyM, and his three hundred Spartans,

LAT REPORT.

COURT OF KING's Nat-. 2G.

MR. REFDER moved for a Mandamus to he di_
retied to the Aldermen of the Borough of East
Retforti, commanding them to proceed to the Elee.
Lion of five Aldermen, stating the-Constitution-of
the Borough, and that application seas made to them
in vain, to do so : that :.:ye of the Aldermen were
dead, -and that unless there are others chosen, the
Constitution of the Borough will be dissolved.
Motion granted.

On a Question, in which a Party had been served
with a Notice of a Tr.:.cc'edir, in the Court on a
Sunday, it w;ls cr;ntel-rl.td,.tnat- the Party had waved
his objedion to dim irrg-talarity, by having ac-
quiesced in some subselue,:t Procedin.gs.
On the other side it'Was maintained that the' 0b...
jedion was valid.

Mr. Justice LAwar rqc E read a case from a iViiintt.
script' Note, in which' it had been held, in the
Court ofCommon Pleat, that a Service Ora Process
upon Contempt, had been waved by the Party, by
assenting to subsequent Proceedings, without muk.
ing objection in the first instance. But there was a
subsequent case in the Court of King's Bench, in
which it was held otherwise'.

Lord ELLENnonoucu.,—" And the last deter-
mination appears to me to be the better of the two,
fur the policy of the Law is, that Simday Shall not
be considered as an ordinary day, but that it `is to
be. dedicated to 'the purposes of Religion ; and that
no party shall be permitted to consider %.vliethet
he will -set aside this objeaion by waving it, ot
not."

The Service, was, therefore, held to be irregtilat:

THE KIN° rq. MAY AND OTHERS.

Mr. JEKYLL moved, that these fire Defendants,
who were brought up by Habeas Corpus, together
with a Certiorari, and return of the Proceedings had
against the Defendants, by the Magistrates by
whom they were committed, should be brought into
Court, for the purpose of being bailed, on the ground
that the Commitment was illegal,it being only ;herein
stated, that they had administered and aided, and
assisted at administering, to one Thomas Bailey, an
Oath, contrary to theform of the Statute, &c.
-Mr. Gls B s adMitted the ComMitment to be ille-
gal, on the ground of objcdion taken to but
contended, that the Defendants were not entitled to
their discharge, .because, ,it would appear to 'the
Court, upon reading the depositions taken before the
Magistrates who committed them, that a. sufficient
charge had been exhibited against them, and that
they ought to have been committed ; 'that it
had been held, that if a Parry moved to be dis,
changed on Vail, on the ground that the commit-
meat was deled.ive poinn of law, the Court
would supply that defer` . in like Manner as if the
case came before them in 'the first instance, and te:
mand the Party' to prison, provided it appeared, by
the depositions, that a a sufficient charge was made
out against the Party to a sat rant or commitment.
Such he maintained to this case, and that the
question, therefore, was for the Court to consider,
in its discretion, noon a 'disclosure of the fanl'ts,
whether the Pelendants ought to be bailed or. not
This Dodrine was instantly assented to by the
Court as a decided point, therefore the deposi-
tions were read by which it appeared, amongst
other things, that Thomas Bailey laid information
against all the Defendants, for that they held a
meeting at the Cross-keys at Trowbridge, in the
County of Wilts, where there was a Committee of
Cloth-workers, called Shearmen, and where they
administered to him, against his will, and on peril,
as he apprehended, of his life, an oath as follows :
You shall be true to the Journeymen Shearmen,
and not to hurt any of them. You shall not di-
vulge any of their secrets ; so help you God."
That a regular Committee was held at this place,
as well as other places, for the purpose of keeping
up this Combination, in Yorkshire and other places,
and that they were about to be established in
the West of England ; that one of the Community,
as they were called, came to a Master Clothier,
stating, that he came from the Workmen to con-
verse on the subjeft of their returning to their
work, &c. and that such messenger from this
Community,. told the master to be calm in the
answer, fbr that he, the messenger, must state it to
the Committee, Seci. t This statement was -con-
firmed by the depoSitiows of the master of the
Trade, and also by that of. his son.
On the other side it was deposed by the De-
fendants, That they' held no Committee or Com-
munity whatever fur the purpose of administering
any oath to any body ; that they all met at the
Cross-keys, at Trowbridge, merely for refresh-
ment, in an open room ; that it had been the cus-
tom of some masters to pay their journeymen in
bad 'Cloth instead of money, and that those who
took such cloth in payment, instead of money; 35
wages, were scouted by the rest ; that this man
(Bailey) came into the rdom where the Defendants
and others, were
,sitting, thacinhe was accused of
having taken cloth instead of money for wages ;
that on being so accused he confesSed, and then
took up a book which happened to be lying on the
table, and said he would swear never to do so
again : that nobody desired him to do so, but that
he did it of his own choice, alledging, that he did it
in order to be 'restored to the esteem of the rest of
the Trade there, who were journeymen •Shear-
men, &c.

Mr. GIBBS contended that there was a specific
charge made against the Defendants, for administer-
ing an unlawful oath to this man, that of swearing to
submit to a power which had no legal authority,
and swearing not to diVulge any of the secrets of
such an unlawful ,combination and conspiracy of
men, which was expressly prohibited by the Statute
of the'37th of His present Majesty, c. 123. That
this was enough to put them upon their trial at least;
that the Court would not tty the merits of the case
npOri Affidavits, but refer the whole of it to a Jury ;
and that there was no just claim•on the part of the
Defendants, in • this case, to the discretion of the
Court, to. be admitted to bail ; but that the regular
course would be to remand theM, and let the case
remain as it now stood, until a jury shall pronounce

open the matter, aril say whether the Defendants be
guilty or innocent.
Another Learned Gentleman followed on the same

side.

Mr. ERSKINE, on behalf of the , Defendants,
professed himself to be an enemy to all spe..
cies of Combinations. Insisted on the power•
or the Court to bill in all Cases,, whe-re it shnuld
appear, that the purposes of justice demanded it ;
that this was therefore a matter of pore discretion
in the Court, that they could take bail in the
case of Murder, that was,, in an accusation of
Murder, if it appeared upon the depositions, that
such a course was favourable to the administration
of Justice ; that Was to say, that upon the face of
the depositions, it appeared, supposing the case to
be proved as it stood there, the party must he
acquitted. The Court had done so in a late instance,
and the event had proved the propriety of it.—Ele
then proceededlo observe on the Ael of Parliament
on which this case was founded, submitted that it
was made at a time when the Legislature was full
of apprehensions of Rebellion, of Mutiny and Se-
dition in the Fleet, &c. and which.was manifest from
the preamble of the Aa, it recited tie mischievous
effect} of Mutinous and Seditious proceedings, and
of administering Oaths for unlawful purposes, &c.
That this species of offence was alarming at the
time of passing the Act but that the other branch
was only a Misdemeanour, and therefore the Legis-
lature could not mean to make it a Felony, that
the Legislature seemed to have omitted the woici
" Such," the which, if it had been inserted,
would have made all the subsequent Enaaments
apply to the antecedent enumeration of mutinous
and seditious proceedings, but here certainly die
subsequent words were very strong, and might he
.made grammatically as they stood, to apply to
every species of taking or adininitering an Oath,
to bind a_petson to any unlaWfnl purpose whatever;
bst if that was the meaning of the LegiQature,,the
enumerating of mutinous and redirious.ans in the
first part of the Aft of Parliament was wholly
unnecessary, since the latter part comprehended
4veri.thing. From this incongruity, coupled with
the ertamble of the A6l, which set forth the evils
Of mutiny, sedition, &c. he submitted, Whether
it: was not fair to construe that the penalties of
this A were intended to apply to mutinous and
seditiousproctedings only.
Mr; BURRO-UGH and Mr. JEKYLL followed or,
the same side.

Mr. Gus as claimed the right to reply, but the
Court doubting the regularity of it, declined to
bear him, and proceeded to deliver its opinion on
the Case.

Lord ELLENDOROUGH said, that the right and
power of bailing a Party, in the most aggravated
charges, upon discretion arising out of circum-
stances, was one which the Court could not give
tip without surrendering one of its most valuable
fundions. His Lordship observed that if he could
bring himself to any reasooable degree of doubt
on the construction of this At of Parliament, he
should have been very glad to accede to this Ap-
plication on behalf of the Prisoners, but he could
not bring his mind to conceive it was a question
of any reasonable doubt. It had been properly
contended by the Counsel for the Defendants, that
the first part of the A& of Parliawnt on which
this Prosecution was founded, related entirely to
mutiny and seditious proceedings, but af!erwards
the AC't became more general in its terms, and
prOceeded -to fresh definitions of Associations and
Conspiracies, and he saw nothing to curtail the
Court ; on the contrary he thought they were
commanded to make this ACt a general application
to all AsSociations and Bodies of mcn, not lawfully
constituted, either administering, or causing to be
administered, or aiding and assisting in the admi-
nistering any Oath to bind the *conscience of any
man to 'an uolawful purpose, and therefore: his
Lordship was of opinion that the offence here 'stated,
came within the meaning of the- Ad. - Whether
the Parties here charged were guilty or not, was
to be decided by a Jury, it was sufficient' for 'the
Court, that there was probable cause' for charg-
ing them, and that there was no reason upon the
depositions, for apprehending that the charge •was
groundless, so as to call upon the Court, in
the exercise of its discretion, to admit them to
Bail. If there had bern any thing of that kind
laid before the Court, he need not say that the
Court, in favour of the liberty of the subied,
would avail itself of the, opportunity ; but there
was nothing of that sort here. It was, however,
consolatory to him to think, that if this cOnstruc.
lion upon this penal StatOte was a wrong one, the
Prisoners would not be concluded by it, even in
case of convidion, because a motion :n arrest of
judgment would bring the question into further dis-
cussion. But feeling no reasonable doubt on the
Aa of Parliament, and seeing nothing in the case
upon the depositions to shew that the charge was
unfounded, he was bound to refuse this applica.
tion, for that the Prisoners were not entitled to be
bailed.

Mr. Justice GROSE.agreed with his Lordship and
assigned reasons at large fo♦ his opinion. He de-
clined saying any thing upon the fads as they were
disclosed in this Case, because it was known that
'luny things that took place in that Court, passed
into the Newspapera, and many things passed in that
Court, which did not pass into Newspapers, and it
was better for the Defendants themselves,' that no
comments should be made upon the fads. He de-
clined also giving a positive opinion on the con-
strudion of the Ad of Parliament, because he did
not wish to prejudice the question even upon that
subject. Should the Defendants be tried and con-
iiided, no doubt that the Judge before whom the
trial 'should take place, would reserve the point
for the opinion of the Judges at Serjeant's Inn, if
any Gentleman of learning, (and no doubt but the
care of the Defendants' Case would devolve to
some Gentleman of learning) bhOuld desire it—
or a Motion might be made in arrest of Judgment
as the Case might require. There was no doubt
of the power of the Court to bail this offence, and
they would do it, if the circumstances of the Case
appeared, to require it. They had done so in the
Case. of Mr. Shuttleworth, who was charged with

Murder, and it turned out on the Trial, that the.
Court judged rightly of the Prosecution in tha,!
Case; but here there were no such circumstances,
and . the Court v;as not justified in admitting the
Prisoners to Bail.
Mr. Justice LAWRENCE and Mr. Justice LE
BLANC concurred in substance with my Lord
CHIEF JUSTICE, and Mr. Justice GROSE in this
Case; of which we have only given the substance,
being prevented, not by want of means, but room,
from derailing it. The Prisoners were therefore
remanded upon their Commitment to take their trial
for a capital offence.

NEW TRIALS.

WILLIAMS cf.). THE EAST INDIA COMPANY.

This was an adion by the Plaintiff, as owner of
the Ship Amelia, against the Defendants. The
declaration stated, that the Defendants wrongfully
put on board the said ship a jar of Rhogan, being a
combustible and inflammable•oil or varnish, without
novice of it. qualities, by which the ship took fire
and was destroyed.
The judge having read his report, it appeared
that the ship Amelia was chartered by the East
India Company from Bombay,. in April 17198, arid
that the Rhogan was put on hoard as military
stores. (Rhogan, it appeared, was a composition of
linseed oil and ,;im.i.copal, and was so inflammable,
that it would fire br. the contact of air only, and
set fire even to wvod). This' article was stowed
is the after hold, among the hay-and straw ; hot
some of it getting it fired the straw, and was
the means of destroying. the ship. It was put on
board by the Condudor of Military Stores, who was
the proper officer of the Company for that service,
and was received by the First Mate, who was:also
the proper officer in the ship to 4ceive goads, and
direr} . the. stowage of them. He happened to
die be-fore the trial, and consequepdy no proof was
given that the quality of the Rhogan was not told
him at the time of its Ileing received. For deft&
of this proof, the Learned Judge nonsuited the
Plaintiff On the trial of the cause.

Mr. ADAM, Mr. PARKE, and Mr. BOSANQUET,
in support of the Nonsuit, contended, that this evi_
dente ought to he. given to support the declaration ;
and that although the Mate was dead, they might
have sent out a Commission to India to examine the
Conductor of Naval Stores, upon interrogatories as
to this point.
Mr. EIOKINE, Mr. DALLAS, and Mr. WIL-
LIAMS, on the contrary contended that there was
evidence enough to go to the Jury, and argued,
from the analogies of penal actions, that negative
assertions, though not necessary to he set out, were
nor necessary to be proved by the Plaintiff:. but
that the Defendant ought to rebut them in their,
own delnlce.

The Judges deliberated on this case above half
an hour, and at length said they would give their
opinion on a future day.

COMMON PLEAS, NovEMBER 22.

CLEGHORN V. COTTON.

THIS AClion had for its objeft the recovery of
the sum of
_cool. for which the Plaintiff held a Bill
of Exchange, payable ninety days after date, drawn
,he Defendant in March 1799, on Michael Ct;!.
len, Merchant, Liverpool, in favour of Miller and
Robertson, by whom the Bill was indorsed to Booth
and Co. by them to Jeuks ; and by Jenks to the
present Plaintiff. The Defendant, 'who, it ap-
peared, acted in Anierica as the Agent of Mr.
Cullen, being informed-of the Bankruptcy of his
Principal,, which happened a short time after the
Bill in question had been drawn, thought proper
to detain sonic property belonging to Cullen,
which had fallen into his hands, els security to
himself .and the Indorsers, in, case the Holder of the
Bill shoUld call upon them for payment. This
property, arnotanting to 2570 doWars; he lodged
in the hands of Miller and Robertson, who be-
came .bound to restore the above sum tci. the De-
fendant, upon being exonerated from any possibi_
lity of being made. answerable for the payment ui
the Bill. As no legal notice of the non:accept-
nee of the Bill had been given to the Defendant,
he had naturally concluded that no demand was
meant to be made upon him, and had therefore
resolved to deliver up the property into the hands
of Cullen's Assignees. In this Case, only one Wit-
ness was called, namely, Mr. Chippendale, the
Plaintiff's Attorney, who stated, that in the month
of June 'Soo, he had, at the suit of the Plain-
tiff', caused the Defendant to be arrested; that
the Defendant had sent for him• from the Spung.
ing-honse to which he had been conveyed, where
he (the 'Witness) accordingly waited upon him,
and endeavoured to persuade him either to pay the
Bill or come to some terms of accommodation ; to
which the Defendant replied, that he thought it
imprudent to come to any terms at that stage of the
business ; that if he paid the Bill to the Plain-
tiff, the Assignees of Cullen might afterwards, per-
haps, sue him for the value ; that if, by the sen-
tence of a Court of Law, he should be obliged to
pay the Bill, he would do so from the property in
his hands belonging to Cullen ; if not, he did not
mean to pocket the money, but would pay it imme-
diately to the Bankrupt's Assignees.
It was contended by Mr. SHEPHERD, the Coun-
sel for the Plaintiff, that the Defendant in this case
had no legal claim to he served with regular no-
tice of the non-acceptance of the Bill, as it was
evident, from the circumstance of his having lodged
property in the hands of Miller and Robertson
to discharge the Bill, in case he or they were called
upon for payment, that at the time of drawing the
Bill he had no funds to answer it in the possession
of the person on whom it was drawn.
In answer to this, it was remarked by the Coun-
sel for the Defendant, that Mr. Shepherd's obser-
vation might have had some weight, had the De-
fendant been a Principal in the transaCtion ; but
that, as he had only acted in America as agent for
Cullen, there was no law which could condemn him
for drawing a Bill upon his Principal in England.
That the property which the Defendant had lodged
in the hands of Miller and Robert Son was not his
own, but Cullen's, evidently appeared from the

declaration he had made, Mat in case of his being'
secured from all responsibility with respel to the
Bill, he did not mean to pocket the money, but,
would immediately pay it to Mr. Cullen's Assig—
nees. On these grounds the Court unanimously
nonsuited the Plaintiff.

COURT OF ARCHES

DOCTORS COMMONS, NOVEMBER 22.