The Sun.
London, England, 1804-05-19 00:00:00

FROAITHE DUTCH PAPERS.

A
PARIS, MAY 10.---7flccording to letter; received
from Toulon, 'dated the 3kl inst. a British Fleet of
17 sail of the Line, and 28 Frigates, was cruing
off that Port.

The Minister of War has issued orders to. a,JI do.
Commanding Officers and Counsellors of AAninis_
tration, by which they are forbidden to grant for_
loughs to any military person, or to permit strcl,
persons to absent themselves, under any pre-
tence whatever, beyond the distance of one day'i
journey. The General Commandants of the Camps-
are under the satne restricaion, which can only be re-
moved by the Minister of War himself.

We are assured, that the Legislative Body will 1)-
called together by the 14.111 of July ; and that the
Laws, by which France is in future to bepiveined,
will be published this week.
The Carrel La Justine, from Jamaica, is arrived
at Nantes with C5l persons, coming from the Cape,
in St. Domingo: 83 persons died on the passage,
from the effeds, not cf an epidemic distemper, hut
of the had treatment they expetienced from the
fish. This is the second Cartel which has (11,2 r
a similar fate ; the former was the Louise Cherie,
which, from a similar cause, los: 107 men on the pi_
sage.
_ _

GHENT, MAY 9.—They .wri:e from Biu,:sels,
that a new gate will be built there, on the rbdcl
ing to the tine castle of Laake,i, and tbAz v.;l
called " The Gate of Bonaparte." _

it is vsserted that the Caronition of the Fir,c
Consul, as Emperor of the French, will take pl'ace
at Aix-la-Chapelle, -An A :dress sent to Par.'s by a
Courier Extraerdinm,, from the Maycr.,,f
dent City (which Address was signed by all
iVlilitary, and Ecclesiastical cOnrai. s
the fotlowing passage : " The Throne ofCharleenk:c'e
awaits. jot, -111ri:rtriOut Ernpi'ror, to take .p.:SSCl3ieft
Of ;11' • •
RATilllolc, MA r r. -=-Citizen BACHE' R. the
Freilith Charge d' .4.ffa;res, has tria,',e a tiew.<ieolar
tion on the part of his Government, to the principal
Members of the Empire, stating, that the interter;
ence of the two Mediating Powers would soon take
place; and that, meanwhile, the affairs of &trrlaLv•
were to remain in stain ciao.

TR/INSPORT-OFFICEI biAY r 4.

An Account of the NUmber and Tonnage of Transport;;
taken up by this Board, for the.purpose.ol taking, on .bOaat
any part of the Hanoverian Army, an,; e%pence at-
tendiog the same; also, an Accmant of the dates of the
first orsier to tile Board on this cecasun, of the orders for
the sailing of the whole, or any part, of th`e sai.l Trans-
ports, and of the orders, it any, tor countertm,nding ti
sailing thereof.
Nunll,icr of Ships. I Toio'ege. I Experce.
Thirty-six. I 6950. t,c5,-: ;
These ship were hired, in, pu suance of an orJer twin the
Right Hon. Lord Ho BA RI-, datcd the 18111 of Mary,
The whole of than were fitted with accommodations for
Troops, victualled, watered, manned, and s.v,re all a-ssernblA
at the 'Note on 12th of lune, ready for convoy.
RUPT. GEORGE., 17110. trAmiLTONO
E. Bouv;LRIL, J. BowEN.

-,_

A Coronet's Inquest was on Thursday held on
the body of a young man of the name of Ellis, in
Holborn, who on the preceding day shot him-elf,
in consequence of his family having refused their
consent to hid marrying a young woman of whotn
he had made' choke. There being• reason to sup.
pose that he had been for some days deranged in his
intelleds, the Jury returned a verdict of—Luang.
According to a recent enumeration, it appears
that in the. Metropolis there arc 346 places of wor-
ship, viz. ,1 12; Parish-churches, 58 licensed Chapels
and Chapels of Ease, 19 for foreign Protestants, re
for Roman-Catholics, 133 Meeting-houses, and Me-
thodist Chapels of various sects dipenting frern the
Established Church, six Quaker's Meetidg-heusee,
and six Jews' Synagogues. •
A very serious affray happened early on the mern-
ing of the rAt instant, at a placecalleO Dedd's W(11,
about a mile from Berwiek.upon.Tweed. jt Las.
been an immemorial custom for the youth of hot!,
sexes to meet, on the eve of the first morn of M
at this well, to watch the Stan's'rising2 and cellet't
the dew from the grass, with which they wash their
faCes, in order to pu:ser-ve or add to their charms.
The evening is uaually Spent in all imaginable hila_
rity and spur ireness ; hut the harmony of the Morn-
iog was in'terrupted-on 'a sodden, by a dreadful bate
tie which took pine; betiveen a Han Goddess or
.the Town and a Son of Mars, belMiging to the
rsth, Battalion of the Army of Reserve. The
equal conflr roused the indignation of two Sol-
diers of the Royal Artillery, who hastened to the
relief of the enraged fair, and her antagonist was
soon felled to the earth ; not contented wich
this triumph, the vidors • inhumanly continued
to;beat their fallen enemy, cwho.lay insensible to Il7e
dreadful blows. which he received: At leegth some.
others interfered, and the vanquished hero was car-
ried from the field of battle to the barrack,eapparent.
ly lifeless. The two artillery men were immediately
put under an arrest, and confined in the geard.rormi
by order of the Commanding Officer of die Gatti_
son; and at the. same time the AlthlZ ni.etli
was committed to gaol, by an order of tl e Magi.
strate!,, to abide ha' the event, and stand her trill.
The sufferer's wounds were immediately iesreded
by the Sargeon (1 the 15th Regiment of Reserve,
end his ktillis.so-tireeAftilli- fractured, by the blows
he received from the Heroine's hands ,vith a ston
while down; tha.: his life is despaired of.

LAW REPORT.

COURT OF KING's BENCH, MAI' 17.

G?ORGE BROWN V. JOHN POPPLE, ESQ.

The Plaintiff is an eminent Surveyor, the Defend-
ant Gentleman of estate, residing at East Burnham,
in Bucks. The former was employed to draw cer.
thin plans for the embellishment of the patrimonial
mansion of the latter, for which a charge was made
of 1031. 9s. 7d. The Defendant hale. met with the
Plaintiff at Bath, had signified his intention of mak-
ing some alteration in his house, whither he invited
him, to consult him on the plan .of improvement.
Three plans, and corresponding estimates, were
in ,consequence made out. For the first, 3d.
was required ; for the second, 321. ; and for the
third, at the same rate, being '3l per cent. on
the amount of the estimate, to which travelling
expences were added. Neither of these plans
were adopted, and the question was, whether 2-1-
per cent. with the incidental road expences, was a
proper compensation to the Plaintiff for these pro-
jeas, which had terminated in vacuity ?
Messrs. ERSK I NE and READER, for the Plaintiff,
endeavoured to support by evidence, that the-trouble
to him was the same as if all his schemes had been
carried into execution ; and that as Gentlemen chose
to entertain themselves with employing professional
men to apply their labour and ingenuity in these
poi:els, they ought to pay for this species of amuse-
ment. Ali she evidence conspired to support their
case, unit they produced Mr. Donaldson, an emi-
nent Surveyor, tf Bloomsbury-square, whose ob,er-
varions on rite coimnission of the trade may be of
some use. On the first article, this witness consi-
dered z and 21 per cent. the proper charge. The
second :qui third estimates and plans, being merely
the crudgery of clerks in cffice, he considered
per cent. a sufficient compensation. The claim of
Is. a mile fOr travelling expences, was also unrea-
sonable ; he defined Surveyors men of business, and
that a mail coach was a sufficient accommodation.
Further : if a second and third estimate be made
toe, in consequence of the blunders of the professor,
it was improper to make any charge at all for
them.

M. GAR ttow, for the Defendant, said, that the
whole expellee his Client intended to incur was from
3001. to 4_ool. That the estimates given in were to
the amount of zoo!. and that being wholly incon.
sistcnt with the orders of the Defendant to his Sur-
veyor, the former was not liable. He said that zol.
had been paid into Court, which was more than the
amount of two and a. half per cent. on 4001. and all
the travelling expences, with which the bill had
been incumhered. The evidence being concluded,
after an investigation of three hours :
Lord ELLENBOaOUGH.^" If I direil one thing
to be done, and the person receiving the order per_
forms another, I am not to pay him under this de-
viation. In these estimates, there is nothing more
than the labour of the mind, and if that be directed
to the fitobjeCl, it ought to teceive its reward.
The Defendant should not be charged witlythe va-
rious projects and plans, unless it were shewn the
original schethe was altered by his order. The 201.
paid into Court would pay two and a half per cent.
on the estimate, if it were 6001. and not 3001. or
4001. as supposed by the Defeddant's counsel, and
turthur the travaliug charges."
Verdid for the Plaintiesol.

COURT OF CHANCERY, MAN. 4.

THE HoN. AUGUSTUS RICHARD BUTLER DAN.

VERS v. CAWDRON.

The Plaintif in this case is well known in the
higher circles of life. The Defend..nt is a Sheriff's
Officer.

The Bill ~vas tiled for the purpose of obtaining an
In;un,tlion to prevent the Defendant faun suing Out
an execution upon a Judgment for 771. Bs. and the
circumstances of the rase were shortly as fol-
low :

Mr. John King being indebted to a Mr. Kil;ble_
white, had given him bills of the Portland-place
Bank for 2501.• which being dishonOured, King was
arrested in consequence. Upon this taking place,
Mr. King propOsed settling the matter by giving
Kibblewhite two bills, iz9l. each, to be accepted
by the Plaintiff, to which Kibblewhite acceded, upon
having the payment guaranteed by a warrant of
attorney from Mr. King. These bills were in-
dorsed to the Defendant, and being dishonoured,
judgment was signed up.on the warrant of attorney,
and an execution sued out against King. A neget-
tiation then took-place between the Defendant and
King, in consequence of which the execution was
withdrawn ; and the Rill stated, that this arrange-
ment took place without the knowledge of the
Plaintiff, the same never being in any manner corn.
municated to him.

A short time after Wards an alion was brought.
against Mr. Butler Danvers upon these Bills, to
mhich he gave bail, but owing to one of his bail
omitting to attend to justify in the Court of King's.
Bench, judgment was signed, which precluded hire
from any opportunity of disputing the Plaintiff's
right to recover upon the bills, and he had been
consequently since obliged to pay the money.

The Defendant having another (Lifland against
the Plaintiff for 771.. Bs. due on account of some
bail bonds, brought another aflion against him, in
which he had obtained a verdid for the amount of
his demand, and this Bill was flied to restrain him
from proceeding upon the verdia,,on the ground-
that he had no tight to retain the amount of the two
Bills for --Iz9l. each, and, that the same ought to be
set off against the demand for 771. Bs. . •
An Injunuion had been obtained until die answer
was put in, which being done, a Motion was made
to dissolve it.

Mr. ROMILLY, Counsel for Mr. Danvers, now
shewed cause against dissolving the injunElion, and
contended, that the arrangement with King fur with.
drawing the execution being made without the
knowledge of the Plaintiff, had completely exoner-
ated him fretn all y u•-• • and that there

must have been a Vcrdiet fur Mr. Damien in that
anion in case the same had gone to a Jury, that this
money might now he recovered back from the De-
fendant ; but that the best and least expensive mode
would he to set off this 711. 83. against the amount
of the Bills which had bee❑ improperly paid to the
Defendant.

Mr. RICHARDS, for the Defendant, contended
that there was no equity in the Bill to entitle the
Plaintiff to relief, as, dile had any right at all; it was
clearly a pure legal right to recover back this money,
but of which he could not avail himself in Equity.
He also argued, that it appeared from the answer,
that Mr. Butler Danvers was privy to the arrange-
ment with King for withdrawing the Execution.
LORD CHANCELLOR.-,-" This Injunction must
clearly be dissolved. Here is. a verdict for this
Ss.
/
and if the Plaintiff could not avail himself •
at law of the improper payment of the two Bills for
12,91. he cannot do it here. The transadion is gone
by, and n• objedion is stated.to this verdid for
771. St:. \Virh resped to his counter.demand, he
must make it out in an anion against the Defendant
for money had and received."—lnjunction dissolved.