The Sun.
London, England, 1803-11-19 00:00:00

DUBLIN,No'v . '5.

YESTERDAY 7. Kiernan, of Enniskillen,
Was brought.to town by Capt. FortVrT and a party of
the CatrielcmactUts Yeomanry. • • • •
On Ft last Serje..ant IkFtrtr, df the.Dundrum'
Infantry, atrcSted in an house iii Francis.street, a.
',argon named "fart,' charged* with baying been- a.
Rebel Leader:on.the '23d at July last. Hark being
surrounded bk.' his frientlf, made a violent resistance ;•
but the Serjeani, though alone, succeeded in..bring.
ing 1163144 r s4fo,y to the Provost. '

• " 1310GArn ORDERS,„: •-• ••
. • 12,,j'al I forpital, 'Nov. to.
Major General Du 'has received the following com-
munication' from the Cciinmander of the. Forces,: NPre4hing
to the CorpS of yeomanry of the City. of Nylio, the eatii.
faction he this morning had 'in seeing the pernirtruice. ot so
numerous and most respectable a bode. of them 'in the Pack :
" I am no strarser to the extent, of,tintydone by the y 0.6
matiry in this (.4ty and having been' witneSs of the manner
in which that task isperformedi: f was ektrinnery gratified u
rind that their appearance in the fiel4, so I.4llY(WrreSPonderi,
with their alertness,. good order, and perseverance, in the ,la,
boriouS.services• whieli peculiar iiltctlinMatittSS•endeetif.sh I
much • importance to the •seettrity_or.• the City of Dublin.
From the whole of, my obseryatioNit appneap to me that tha,
true principle of tlie Veritnanry noilitatio,is undersiOod and
acted upon by this Conks t. and from.--tlie -Zeal which'
ititeited by tin' ManY•PSEI,9I4. oti.F.4ok* and independent fo'f•
tune, whose. habits of the had.beendireCted to pursuits, of a
very different nature, there appears no doubt, citcutn.i
stances should unfortunately demand, . either a' continuance
or a renewal ot theme exertions and privations, thesameJoyal
•spirit ,which diCtated the first orferovill ensure
their pers:verance in the 11)161ot:in t of the Sante untlert.4:ing.
• (Signed) '" CATHCART, tieut.-Geti."

TIT AT R .—The Tragedy of crymbeli re
was represented last night at Drury 'Lane Theatre, •
and. altogether so well 'aupportedrihat, indepen-
dently of its dramatic-merits,., it deserved a more
numerous airdienee•'than was present.,---Porel iv a
very respettahle Porditorins, And whatever may be'
his faults in the tharatter,' there is certainly no want
of spirited exertion. The part'of brggra was per.
formed for the first 'time by Mrs. YOUNG. There
was a plaintive tenderness in her' manner, very well
suited to the'qualities of the part. 'Her chief errOr,
a'very common one; was ill delivering every soli.:
loquy as if it Were a formal' address to the audience.'
Mr. fiAItTLEY. also for the'first time, PlOyed the ,
part of Guiderius. He spoke with' good 'sense and
charatieristic emotion,- but too often in an effemi.
nate elevation of tone, by no weans fit fur 64 a vii..
lain Mountaineer." • • ' •

Miss MORTIM ER has been too much indisposed
to perform for several days.
Mrs. GLOVER has lately made an addition .to
her family—a circumstance that has deprived the
Public of her exerriettij Nit 'she will soon be able
to resume her theatrical duties4A,-

Fiia MAJESTY, we understand, has given an sts•
ewer to the Memorial presented to him by the
Royal Academy, relative to the five suspended
Members, Viz. Messrs. COPLEY, WYATT, YENN,
SOANR, and BOURGROIS.. The ATTORNEY GENE-
AM,/ Was consulted by His MAJESTY upon the
whole of the proceedings, and the matter has under.
gone a full investigation. There atobe a general
meeting
of the Royal Academy on Monday next,
for the purpose of communicating Firs MA ESTY'S
sentiments upoti the subjeet, to all the Members.—
The friends of the Arts must feel highly indebted
to lirs.MitjasTy. for his condescension in attending
10 a matter so interesting to the Royal Academy,
with so much kindness and peneverance.

-Lugk'r REPORT,

cotAT OF KING's tiENCII, N.r?l,*.

jOrINSO24 itßoDf

This.wai a Case upon a "Writ 'of Error from the!,
Common, Pleas., The. aCiion was brought. by the
Plaintiff recover' wages,-. which he alledged to
,h7a;te been dote tO him as. a
,IVEtriner on board one OF
the British ships detainedat- Riga, by order of the
•Empeior. of -Rtissia, 'by virtue of that•stiddeni,vio..
and inhnman,order which that Prince issued
against British ships and subjeas in his.domininos,
when Contrary to ail "the rules of hospitality, all
British subjeds were made Prisoners; and all Briash
property detained.-,--Sorrie time afterwards, tliis'Em.
bargo, or whatever. else. it may be called, was taken
ofF, the property. restored, British subjeTts
rated, and all British ships were allowed .to pursue
their voyages. This ship, was% .one of. them; she
came from Petersburgh- to Hull. The on'y question
here was, whether the Seamen were entitled to their'
wages for all the time they were prisoners in P,iiss'ia
under this order, as well as for . the time they were
aftually in the service of the Master. Of the Ship
Mr. Serjeant LENS contended, that this violent
aft of the State of Russia must be considered as An
Embargo, and that it only suspended the exercise
of the command of the Master of this ship and the
duty of Mariners; and did• not, as a capture would
Italie done, put an end to the contra4t between_ thesq
patties. That in.eontetnilition of Law, t herefoir,
the Mariners continued in the, senior of th.O.,M,totet
of the ship' during the
.time they were thin confined
altogether,
as well as when they were on the
age going but or coming home, and that the Plain-
tiff in this Case was Ciltitfrd to recover.

Mr: ' on 'the- dthee' hand contended, 'that
the service. ,which the .Plaintiff• contracted -to
perform must either be aetually performed, or eke
that the Plaintiff could assign such an excuse for
not performing it, as would entitle him to rem u:‘e,
ration, in like manner as if he had performed it.—
Now it was clear that the service was, not actually
performed, it was impossible, the relation 4n/taster
and, Servant did mit, while they were prisoorrs,
subsist between the 11,1 aster and Mariner,Ao,i this
case. The one was not in a condition to'iotutuafiA,
nor was the other in a condition to obey..--The
next point was, whether the Plaintiff had thltt port
Of:excuse for non.performancc as ervitled him to'th
same remuneration as if he had annally'performed'it
Now nothing could place him in that situation,' kit
its having beep made impossible by the aCt of the...
Defendant, to whom he owed the duty. 'This Was
an a6t of violence by a Foreign Prince, whiCh was
no excuse fur the non...performance of any.eontract,
so as to entitle' any body to sue .another upon soclk
rt contraa, although it had -not been performed ; it
was one of those misfortunes which, when they hap.
pen, must be borne by those on whom 'they ;toff.
pen to fall. Here the performance of the duty of
a Mariner was a condition precedent to the
tiff's having any right of action
; tat dw y was not
perfortned, and there was therefore nu right of ac..
Lion in.the Plaintiff" in' this Case.
The Court took time to consider on the Case.

IMANDON, AND OTHER,* t.'• CURLINO*
. This was also a 'Special Case for the 'opinion of
the COUrt• It tvas an aetion iipon„,a
Suiance ,upon gOods-shipped can lio:.tril an Algeria :tit
Archsel, ,vorage.fipin Lundon, to Bayonne
FrJnitic, and the i'olicy was. entered into ott. the 2tse •
- (4.1a0P31:14 vig3, • „ • '
'[he -1 laintiffs were inereharint tesi4eut in Lon..
don, :WAS*, Suct.p,rcert y,g4 prderk tcl,putchape goods,
th e and to consign mto persons residint at Baypnne.
..:.The gootia,W.ere itecord'pigly sllipiQed,,on board an
on the 2th''' Of January
r 793, and on the i,ame day the. hill of.T.,ading was.
forwarded to the Cor?signee..at aecompa.
.Hied Go the 4.1. h of It lib
ru,sry Oktier. Connell hignetl, and on
the Bth it .was
.the- .aizettel. by.
. which order in Council Ake Ships of 171,11 c.,
jsty were prohibttti!d iron) entering or
,cleaeitig.
fur any port of Fratie.e... French S;tips
as...wall as all persona
~4nd proiyk!tty (fl I
.of them: But this was an:...Atperican ship.the zth cf. Fehruary, this. 'Antillean ship, with
goods thus consigned, sailed from. London for HA..
theCaptaiiffirst doing every thing that ‘'''tl.3,
required by law preparatory to.that voyage, accord.:
:log praetiee tusiontil,ouse;
etlAble hiin to sail for-,Dayntine. on the t 3th of,
'February the ship arrived at Gravescod; where sh*,
received the proper documents. for sailing. ~On the
f,lipwitig day the. ship saile(i for Ba) to.ne, and was
'afterwards captured by a Spanish Ship of farce.
lie 'question was, ,whether, the Plaintiff in this
case. could recover from the Underwriter, or not ? •
Mr. Gmas contended, .thit the Policy Attachekl
from the. znothent the goods were on board, wWcts
was befcire the•commeneementolhostilities between
this Country and Frarte,., anti that the Bill of Lad.
Jog,
.as well as Inyolces,had-been dispmelted to the
Consignees.(the.Pulicy attakhed); the hostilities
terwards brealiing .out did not invalidate the con
trad between:
,the parties!, but only suspended the
opermion of it during war,. and therefore when the,.
• ti.at'litio,over, the Underwriter. was liable, &c.
`Orr tlit other hand it was ably argued by Mr.
KERR, that the §hip,kyiug sailed from Gravesend
on the 14. th of February, 1793, three days after
the Proclamation-of:AN, coturnencentent of Hosti.
Titles, the voyage was illegal, and therefore that.
the Policy was- void. . • .
The Court took time to consider this case,. there-
being several others now for Judgment, depending-.
upon the same point..

One of the'Loyal Birmingham Volunteers being►
bantered by one of his companions resneaing his
awkwardness at priming and loading, offered to lay
a wager that he would get on the back of a large
old sow, and prime, load, and lire twice iti,th space
of one minute. The wager was accepted,Th
Volunteer had the pig killed, and mounting fin the
dead animal, performed his bet, to the mumfivation.
of his jeering companions.
At Epping Fair, on Monday and Tuesday last,
there -was a large show of 'twain. of thy, Svutoti
Irish, and Welch k►ntds, Which dui nut go int fretiy
'at 'reduced prices ; ulmly dwves went

Country•
if a Non-commisioned (Aker or Private Man is
inissivg after an Haim), and joini his Company after-
wards unhurt, he will be reputed'a fugitive and a
coward, and will be tried for his life. The Drum..

i)t)Na Printed
.by BUCHANAN WM11.14 N , (of 13 ciw.Streetv enventAikal(ienf; ant( l'ublisimd by Wist,IAIA Aavitctst Sete

A. serious accident happened a few days ago to
the 'Radstrick Collieries in the neighbourhood of
Bath,: by the workmbir cutting a faalt;or scant. of.
clay; which" has let in such a large and, herelofore.
undiSeovered .spring of water,- that neatly. aif the
works of. the. three coal pits, which. adjoin and
comtnunicae, are :felt of water, and the:lvorking
entirely suspended,. to the great loss of. the proprie-
tors, anct:toLthe distress of the inhabitants: for a
great way- round, who have.for.near twenty years,
since; these works_were °petted,, been wholltsup-
plied with coals. from thence . A nayigable,canal.tif
some .miles, in length has been projeded, and. is
nearly finished; for-conv.eying the coals frototthese
pits to Bristol, Bath,. and other parrs.
tress_ the colliers anal their t,o+tilip, wha are:
tnus '
thrown
,out of employamn. „,, yery great:,
The' piopiletors. are said to havedetermined on.
taking. the opinion. of the must experienced In.
gineers on the praeticability of. drawing off the
water which supplies. Ibis, spring, by some other.
outlet,..or. such a pact of it, that their
,engines
be able to clear the works.: From, the great deptli
,
of thc pits, near. too yards, three powerful alum
engines have .been able to make no dititinutiOn in
the height of water since the accident.happtned.
The following melancholy accident happened !at.
Peeston; in Hoitierness, on the toth instant :-'A
common, itifetilaf' abont thirty feet deep,
whiuli ae:Pump .waist 'fixed, svp-opested for the "per.
pose of ,cle.al..tiog a ladder, was ' . put down, and
William: Rhea IleCeridetli wlien he got. little
more than half way down, hi was..sufriciited by the
foul air, and' fell la the tquotii. Itigh jackion
immediately went-dirwn to the a'sistance tI4
Rest; and one tarnltatri, whose 'all wetly
down to the others, and partook of. their Ltie<.
. -
Other assistance was then' !ibtaintd,-attd fi.„,re•
lion used ; the.' unfortunate: men` were then tak'ert
out, two of them quite dead, the third `with sortie
signs -of life, and medical aidl. being-in:Ucuted, he is
(air way of recovery. - .