The Sun.
London, England, 1803-01-26 00:00:00

RYAN Z. RENICR.

This was a Rule calling on the Plaintiff' to spew
cause why the Defendant should 'not be discharged
out of custody on filing Common Bail, and the
question whether he ought to be so or not, depended
on the construaion of the Ail of Parliament of the
38th. of Geo. 111. cap. so. sec. 9. which was an
Att made for the relief of Aliens. who should be
drivsn 00 of their own Country, and come into
this in consequence of the French Revolution; which
Aft ptuvides, " that such persons shall not be held
to Bail or taken in execution, &c. in this Kipgdons,
fur or by reason of any debt or other cause of Ac.
tion contratfied or arising in any parts beyond' the
Sea." The short statement of the fats of the case
is this : The Defendant gave a Bond for the pay.
ment of a debt in France, as a security ibr another
person there, and that Bond was sent over here to
the Plaintiff for the purpose of putting it in .force
against the Defendant here, and to obtain the money
upon it.. When the Defendant came here the Plain.

tiff told him he had this 'Bond against him, and
threatened to arrest him fir the debt- which was
due upon it. Upon which the Defendant having
no money (for although a man of property in France,
he was obliged to leave it behind him, when he fled
to avoid the horrors of the French Revolution), he
told the Plaintiff he had a brother who possessed
considerable property in the Welt Indies, and,he
proposed to draw on him a bill of exchange for part
of the debtlectrred by this Bond, anti it was agreed
between the Parties that the Defendant should do
so; accordingly the Defendant drew a bill of ex.
change on his brother in Sr. Domingo, payable to
the Plaintiff, which bill was afterwards sent to the
West Indies to the Defendant's brother, but re.
Turned for non-payment ; upon which the Plaintiff
held the Defendant to bail, for the amount of this
bill, and the question now was, Whether the De-
fendant was, or was not, entitled to be discharged
upon' the provisions of the above Statute ii
ERSKtNE, on behalf of the Plaintiff, ad-
mitted, that if the Vefendane had been held to bail
upon the Bond, he would have been intitled to his
discharge according 'to the humane provisions of the
above Ad of Parliament, because that arose from a
contra& in France, but here was a Bill of Exchange
drawn in England for 4 bfitVifie sum of money upon
a Bill* and which Bill was payable to the Plaintiff,
and returned to him for non-payment, and therilore
that was .a new contrail between these Parties,,
made in England, upon which the Aft of Parliament
was not intended to operate, and therefore the De.
fendant WAS nut entitled to his discharge.
Mr. Gt-it irsi on .behalf of. the Defendant, eon.'
tended that he was entitled to be diScharged nnrisir
this Aft of Parliament ; that, to truth, this was not
a new 01)1144 between the Partic.;, but a I:ncidigWo,

•
titan of thc cilct of rlhe t azontitt tmd
by tile Defendant in Vtitrice, for a debrcoritrodett El
France, Upon tilosr eleatly; he etiiihi hi
have held :he Defendant ‘to 1144' in this Count 'y,
pro Visions of the Aft being diretilv nainSt Oaf
the Plaintiff told the Attendant could afir
him on that'. Bond, Which was a • fraud hpon
Ictidant, foe the Plaintiffhad no such power ; host,.
ever, the Defendant •hating urs' tittirrey, and believ..
: ing his ,brother had, in ,the, West Indies, drew thisi
Bill on him, which was to be considered
order of the Defendane.s art his brOther td. pay
a part of this money, and thiS was in ease of
I.)laintiti; to obtain money which he cm 1d nut
,hoer
of the Defendant, which bill was returned: for .onn...
pLiyment, upon which the bond .stood in. like Ulan
ner as if there had been nothing done. The. whol,:
matter originated in France; there was no nes7
consideration- given to the Defendant in this
try, and this was an attempt to tender 4 man Habib
to be held to bail; for a debt, because he hadi froth
an excess of honesty, endeavoured to give the Nth):
tiff a better chance than he had upon the ho,,di for
the Defendant was not bound to give hie brit
might have left hilt to his remedy upon the boutti
but he had endeavoured to do betrer l giving this
bill, which endeavour had been ineffttial, and dm
Plaintiff then stood in his original li•oation; %I-1116
did not entitle him to hold the Dt,fendant to bait
for which reasons he trusted the Court would lie Of
opinion that the Rule for dischargbig Its: D'efittidant
on filing common bail, should be in.,de,,absoliiie..
Lord ELLEICOoItoUGH said, it of to him;
that the °Ned of the At of Parliainentin this ca.ie;
was to proted persons, driven from theit own
Country, by the violence of a kevoiutiuni front
the inconvenienees of arrests in this, on court of
contrads entered into in, their /Akin, but trta zr
proted any persons from the inconveniences Which
might result 'from their cantra&s.here; however
providelitithey might be.. In this case the Court :Mot
take ittillae bothxarties were eipally eugnitant cif
the Law of this, CatthtrY and with that knOwhi:.dge
whiCh: the Defendant was presumed to have of' tliti
Law, he gave this Bill of Exchange, which was: a
security for the psyment. of the money therein Spe.:
cified.

Mr. Glass saidi thaf-this Bill of Exchange- cil?dtt
given • to. relieve the Plaintiff in this
was not so; 'it'likaS rather to relieve the Deferida4t
from the pressure of a suit which might have been
instituted - against . althoOgh that could
have been a bailable one. The Defendant might
therefore
,Have beeriTsaid to have purchased a heneat
to himself by giving, this secutlty to the Plaintitil
it was therefore. necessarily a revcr cause of adion;
In shape the aEtion was made different, by giving it
Bill of Exchange, from that in which it would have
been upon the Bond, (for upon the Bond an ;latent
might have been brought, although the patty cothei
not have been held fo bail ;) nor was this all, foe
the consequences of an saint) on a: Bill of Exehange
and upon a Bond, were different, in some respeettii
in point of law, It was therefore not an 'talon
upon the old Contract, which arose in E.rantee brit
Upon a new one, which was made in thk counfry
.Some difficulty did, at first, present itself T2)nn. the
(4 Pe %'.iqueittli
but.
.here the Debt was varied in its Oape,... anti
therefore the made .of.illion 74iAti varied,. .
Lord ELI.ENBOKOI/0,1 having expatiated on the
nature; of. the Case in many other respe Cls, said i
pearcd to him, upon the whole of it, that horn the v
at ion made by the Parties as .to the means of suite aiA
the rights of the .Parties, this could not, noel
be
said to be a debt arising in a speciffe contract Made
abroad, but was a new debt arising here, With ne
incidents ,to be attached to it, together with tote,
forms of Atlione and, therefore he could not feel that
the Party on whose behalf the application was ny;itit.,
came within the benefit Of the Act of Parliament.
Mr. justice GitOsit said,.. that the question liettl
was, whether the Bond, or the Bill of hxchange
was the Cause of Action If the Bond, unquestiop
Ably there tvould be an end of it, the Defendant'
would have a right to his discharge, at the IVlotioti
prayed. But the Bill of Exchange was the CaUqr
Of the Aetion ; and as to the eireuinst.inc, under
Avhich it was given, the Parties must be taken
to be Cognisant of the Law. The Defendant koe,ae
that he was liable to he sued upon; the Bondi though
not to be held to bail ; and then he chose to
change the security, by giving a Bill of kxchar.ge4
That Bill of Exchange was, a new cause of fVtioet'i
arising in this Country, and that the Defendant
knew, or Must be supposed to know. Suppose this
was a negotiable Bill of Exchange, and Nagai into
die hands of a third person, what answer could be
given to him The present Defendant could give the
same answer to him, as lie now Offered to this
Plaintiff: he really did not see any ground of dise
tiiulion between this Plaintiff's Caaef and. than of
an Endorsee of a Bill of Exchangee for in this Case,
there was nothing maim in re. He should have.
been glad its give to this Defendant the benefit of
this merciful Ad of Parlioment, if upon the cit_
cainstances, he had appeared to be intitled to it, but
he was not so, for the cause of this Attion did not
arise abroad.

Mr. Justice Ltuilt ENC a said, that it the A of
Parliament had enabled the Court to extend its
provision to this Defendant; they would have been
glad, for, although the Law -presumed that hei a/
well As every other person, who entered into any
. contratif knew_ the law of that contract, yet, th'
probability was, that he did not knoW the law
which exempted him from arrest upon his Bond
this case. flovvever, he must be taken to.know
the Law.—The single question was, " Wttethe'r
the cause of this Action arose in this Country Or
not i" and upon that, it Was impossible to doubt,
since the; Adion was brought upon a Bill a Ex..
change made in this. Country.
Mr. justice Ls tbint.c said he should., for the rea.,-
son assigned by Mrl Justice La.w iteNC e, ha ve been
glad', if the Aa of Parliament had empow.-red them,
to relieve the Defendant ; but that w.nt bo, • gy
the Ali of Parliament, the Defendant was not ex.
empted from the penalties of a suit upon the Ros,d;
is only provided that his person could not be arrc,ted
in the first instance.--He, under an apprehension
that he 'rnighe have been arresterf upon the !loud
in the first instance,. l'Crf to avoid ;m7 other
course of Last, gave to the Plaint,E this 1,11 of
Exchange, and au heb4cant: WWI to all the en ,t_

frqueneea, .tia any other person would he wholave
tt Biil of Exchange. It was a contraet entered into
in this Country with atl the consequences of suit
itt,k utysil it, and therefore the Dt.lendant was
)mt t.,,i iricd to the benefit of the .Mt of P4srliame ot •
Rule. di charged,

WARRP.N WINPLE.

This was an Mtion for penalties upon the Statute
f,r delivering CoAlt; short of meastne, in which the
Jury had found for the Plaintiff upon the whole cas,
of frArpi ill the Defemiant, anti a Motion was made
fora New Trial, on the ground that the case did not
corn/, within the meaning of the Aa on which the
hint/116teliecl.•

4
trt very long discussion, in•which the Court
oh‘erved,-that the diiferent.Statutes' which hudtgot
for the tegithttion oithe Coal Trade from the time of
K.in Wi4liam and ()iteen Ann, down to the present
Cine.,, had been no spine to re;,eol,,some to ;diet,
sOrrie to continur, and softie to revive the provihions
of kid a confusien that was,simost in-
thatin some of the modern At!is on this
Ow Legislature in ernteavouring t(t mend a
p or r.t.o gla.stt, in one 'window, had destroyed
tine woidow9 at onk.e. It wzri at last determined
that tiotere 'was' on 'foundation for the objection in
this carat tniade tti the ,i,ttdiet,. and that there shotdd

be no netv ; the consepu.nce of which is, that
Hli the dimes, xvltic't are puintrotts upon this sub.
jeet, for poi:J(les in the Coal 1 ride for delivering
shott .(nragire, and Standing in the Paper for Trial.,
ktcp their places, and will tie tried in due season.

POr. neat'. two years past a mist alarming species
of Roblrry,bas been praAicesi on rie Merchanto.'.
goods shipped from this Country
.to divers Foreign
befot:e the vesnels conveying the same have
Lls.the River Thames ; and this new mode: of pt.
co'lation man Aged by ercretly opening the pack.'
ag".P:s containing the most valtiala!,.. articles, such as
silks, lino tins, printed cantors, laces, hose,
X...
_,;}4e, and Mier ta:(ing. out their contents, the
space, is then fillad sip with oid wrappers, mail,
lOCise 'paper, London paving-stones, chalk.
stones,,,ot .sonis such rubbish, and the :packages
elosett up again in so masterly
ja manner that the
Eausl'isliot discovered until the ships arrive at their
Port of destination abroad. Sneral individual Mer.
ChAnts:' robbed in this wooer, have lost at one
tiine cool.
.or upwards, and the whole sum collet-
tivelv stolen in 'this way, within these 'List twelve
141011111 ii, is suppolied to be not far shcat of so„000l.
This species of depredation has been the means of
causing distrust and dissatislaCtion between, the
Merchant of this Country, and .his Correspondent
itlaroad, the one asking payment for the goods sent
off, and the other 'refusing it on' the groundof the
gocds not. coming to hand. Various loom been the
expedients had recourse to by individual sufferers,
1,1 drieninglhe perpetratt trs of these: alarming ads
of depr,nla:i-n, hot hitherto .the proofs against
the faded, owing to a link in the chain of
prwtoi being broken,
Theye grievances, which 4,* cor t rob , the Mer..
chant ,of hii prver;:ir, and the lit h iNII Nat if:in ttf its
accustomed Charatter fur lino:ant:able dealing amongst
Fnottgners, have at length risen to so great
as to call forth the ekertintis of some,of the
'first mercantile, and trading houses in. the City,
oho hai'e forurd rhemselves'intOa Society, entered
into a subscription, stet chosen a Comtnitter, Trea.
surer, and S for the purpoSe'of punishing
offendtrS of this des'cription, and fdr.the prevention
of th.,:,e praaicei itt latture.-We observe a large
reward off3cd in Hills posted round the
City, on the cimnnirtal and convidinn of Offenders
-of this description, d ned at the Mansion house, and ,
sanctioned by :he Right HonOurabla the LORD
MAYOR, which we sincerely ''hripe will have '44
effeds in bringing the guilty' persons 'to. exemplary
punishment.

On Monday
.71bn Dew wag !examined sa second
'time, 'at 1-I:ttton Garden, on it chargebf having at.
tempted to rob Charles -Poole, 'Esq.- in company
with ai!other than who has made his esettpe, on
Thor Ai:, last, the zoth inst. on the Edgware-
ro4, about mir miles from Londt,e. As 'Mr.
Poole was riding in his 'carriage with his lady and
daughter, he was attacked by a man answering, the
description of the Prisoner, who is a;smart looking
'man, about 30 years of age; bin, hating ainaidc
on, he could not swear to his face. 'lie pointed a
'pistol at the men s when, Scion after, sonte•Gentle.-
'rnen's servants coming up, the Pristiner, with the
other highwayman, turned short; without efreeting
the robbery.--Mr. Poole 'stated The ciectunstance to
the servants, who were '.well
.mounted--they went
in pursuit of them, when the pursued turned into a
mad leading to Hendon, then turned short towards
Highgate, entered into Gtuy's inn.lane,• r•nd were I
closely pirsuca into Guildford-swig, Where, by a
pile of ire, the horse was thrown upon his haunches,
by which means the Prisoner vas secured ; but the
other made his escape into a stable-yuid, after'hay.
ink 'quitted his horse,
,returned into the street, and
w ilked away, with his great-coat on his arm, as if
nothing had happened. ih the general Chace 'that,
was given, the men threw away their pistols, which
were loaded, and their masks, whiclt,were
up by different persons.
It appeared that .the horses were hired of astable.'
keeper on the pree&ling day, and that there was
strong reason to believe that they had hired horses-
of the same person, on the 6th of this month,.when
a robbery was etuliniitted on Ealing Csmnon, on
a Gentleman and two' Ladies in a post.chaise ;
being masked, the .Geptleman could not, swear to.
the identity of the Prisoner. Upon the first charge
the Prisoner stands fully committed, and upon the
44Ctiiiii he is to be brought,up again.
Thew:lnge story Nall the girt found itt Pope's
Head Alley., Cornhill, a few nights since, turns;
out to be altogether false, as she has since con:
fps ed,.having emphiyed a person, to tie her handej;
and muse her face, as abs vt dritribed, in ordeveui
excite compassion. She has, ireconsequerice, been;
committed to Bridewell, there to midair) the se.'
merest discipline of the house.

1, t) ►I it 44 rfillitd by BUC
At she SuN.Oirscs, Ns

y. .4I t 4.

KT!:O3T6N; NOV. 20.

Dr RD, 'in this town; early on Saturday morning
13;1, Capt. AI,LAN M4LEAN, of the 6-h Battalion
of the 6och Regiment, aged 20 years; Dr. BROUK,
of the Brothers Guineaman ; Mr. Btu.; TO*NIAY;
anti Miss CATH RR NE MARSDEN', daughter of Mr.
JAM Xs
..11/lAasn ex, merchant; and Mr.. A 1.12 X.
MtlCllsit., jun. late Deputy.. Marshal fur the
parish of Clarendon.

•

IsJONTFC;(I—IIAY, NOV.
SWAY the A,,sizes ar. this Cotinty endedat
Savannah.la.lVlar, when John Hilton, who was in.
(li:ied fir the mtirtier of, fhomas Banks, and found
guilty of min:daughter, wits, sentenced to 12 months
'furl isontnent.
Last Saturday, at the Point Estate, in Han.
over, Mr. T. HALL, 'Overwer on
~.that property :
in this town, last 'Wednesday, ALEX. RICKETTS,
Attorney at, La'w, , and tie: k of the. Peace for
this' parish :—at Blueftelds, in St. Acte Dr• T.
SPILLIssY. t.fV.

.„I"RFLAWNY?NOVe 19.
'The town of Falmouth, formerly Mart4,Brae..
poinr,,from being a very inconsiderable'village 20
years ago, may he now classed among .the-large4t
towns in the Island, where there is alreat,deal of
business done, and much more might he
.done was
it a port of entry. •, The harbour, defended by a
reef>) is. capacious and; safe, and capable of lnuell'irrt-
-I,poytmenr, the. ,channel leading into it; running.
'about N. E.• and -Making it very securer
`:against the strong North winds which prevail in -the ,
-.winter months. :One, hundred square. rigged Vessels
;and fifty-one schooners old si pups have antlered
and sailed from this harbout, in the last, twelve
months. . .
The Church is a handsome building, and cast
to,oool. the vire consisting of four lots of.hrola is
a pretest from the deceased EnWA.RI) .8e.r.14,31:1",
Esq. the organ was pretiented by jou ti Ail r
Water being at an inconvenient distanee,, on 'he
t't th day of January sBot, 20,00014 3vas subscrib-
ed in one libur, for the purpose of briogiog it down
in pipesfrotn.Mattha.4rae river, to„a re,iervoir to
be built ; a I3ody Corporate tinder the iitin of the
Falmouth Water Compthy, is constituted untier an
A.tl of the Legislature, to conduCt this business,
,asst are empowered to tax those who take the bene...
fit of this laudable undertaking ; hy the last _ac_
.counts from England, all the apparatus was shipped.
.The Fort, from the incrcase.of buildings, is al..
most in the middle of the town, and, should be re.
moved to the extremity.of the Point,:the most coin.
mantling:situation aganist art external ei)139.v..

The Public Taes.paid by this Pariah air, • I
aolottut to - - , - ,C. 2:••,755. oto
'The Parochial ditto - - 936/ to. o I
The amount of Postiigc at Fitlrttol3ll,• to
itit Qcl,-;.iloo, • tOilf•viititilers - , 3.;-;4'4••' "i 01 i,
'l.'he atitount of Stamps said at the Scamp' e•
- tzoo * fo
t )61104'e Sid.dt;;tuao ;Ont.': ii- ,
01' by' i iutii v icltali whp
take the best:lit of the 10 per cent disLootit. • - I

Thirteen thousand two hundred and ninetYdlye
hogsheads, 12 29 tierce.. bogar, 6+oo pun‘lifons rokt,
besides other prticLice 'ate shipped at the Wharfs of
this harbour. At Martha Brae, there ar,e no wharfs
whatever. The Ruck ja a thriving little village,
where there are several wharfs.

There arc :top sugar Estates, zaPenns anti ether
Settlemeuts in this Pariah. Taxes are paid
27,636 .Negress, 10,719_ le:10 of stuck, and 250
CArriage.wheels.

.•
On Tuesday se'nnight, several shopkeepers in ;
Sunderland (their weights and miasures being found
dacient), were summoned before the Magistrates of
that phi e, and fined for so base an imposition upon
the Public :,--;and, on Friday sennight, Thomas
Bruiiinlee and Jane' dealers in butter, cheese,
bacon, &T. were•eotivieted of the like offence,—
Brownlee-in./he ptnatly of; aos. and Joblin 6a.
,8d;
from whom a quantity, of: unwholesnie beef was
taken and burnt. •

On the 39th nit, a 'Coroner's pithiest was taken
on the bodies of Win. Thomas Broad and John
Dowse, belonging to the Brig Rionove, wrecked in
the parish of Madron, in Cornwall, the day before.
AA soon as the vessel struck the crew jumped over.
board ; and out of the nine., of which it consiued,
three were drowned, and the above two were only
found, the other has not been since heard of. The
vtssrl was coniing (tom Malaga, bound for Loadon,
with dollars, gold and silver, plate, and fruit: Out
of 19,000 *dollars on board, about twelve thousand
had been saved a—the vessel went to pieces as soon
as she struck,