The Sun.
London, England, 1803-05-04 00:00:00

DIitIDE.VI)S.

Ma) v. Richard 13.syley larneson. of Proitwiclt, Worces-
tershire, unlisir, at elo;veti, the' George. Inn, in Droit-

1, !ch.
Thomas Dortiforcl, of Phil pot. lane, London, wine.
ui .ri.ll;.tit, at ()W., at Guildhall.
Ni. y 24. john HenryErnmott, jarrvs Browne, and Francis'
~rowne, of the Old Jewry, I t wine-merchants, `at
e, at (;101(111811. ' •
t . William Kay, of Birmingham, Ni.rarwickshire, fac-
.• v 6.11, at the Shakesveare Tavern, in Birmingham.
1, a of Oxfuttl.strect,-Middlettex, linen
;tI twelve; at Guildhall, I..nmtort, .
GeorAe Antlrcws late ot ll..lybourne, Hampshire,
atekven, at Guildhall, London.
Jy • John Carter, late of Kennington COmmon-, Surrey,
at tine,, at (;uildhall, 1.,.i.d0n.
Ni 1.1, J.,.1)11 Fitipwoott,' of ton,;-Acre, Middlesex,
(.1,0, Lc 1. viiidtrati; London.
fQ: )oito ‘Vhately, law of liatikSide. St. S4yiotieS,
t;olottr,inatiutaaurer, at ten, at Guildhall, I.on-

'
'Ik14); 27. JAIVICS lit Agate, of M:IIICIICSter, Lancashire, mann-
faeturer, at tiiree' at the Bridgewater:Arms, Manchester.
May 16, c hutes Bratt, of War.ingtott, Lancashire, • linen-
ni•uper, at ince, at the Coach andl-lorses inn, Deansgate,
May, 27 Bei ty Needham, of Doncaster' Yorkshire, sack-
ing..inaivatacturer, at civen, at the Red Lion Irm, in
DonLas:er. •
IVlav 24. 'Robert Cilbzrt, of Reading, Berks, draper, at
ti'velve; at Guildhall, London, .
• Ck:RTIPIC4TES.

May 2.4. --Thomas Nelson Ashaton, of Liverpool, merchant.
Carless, of grocer.
oh. Lauley, of 14verpunl, merchant.
10,11, dr I-I.intax. Yorkshire, innkeeper,
Si4tice, of Illiwklirn, Lancashirc, shopko:per.
... •

On Sattuday sermight, whilst Mr. William
C1111)01, Farmer, of Needham-Surceti. in the parish
of (h.:34z ty, was overlooking his Workmen at plough
in the 2' very severe'lrinpest arose, when
denly one of his' ancles received a shock like a violent
blow, and on casting his eyes downward~, he saw the
li,;htning playing on his shoe, which atieded his face
a. a whole frame so much, that Ire called- to his
-inan to' support him, - but finding the man's
towards him, Mr. Cornell made an effort to
atla caught bold of the,seedsman just in time to
s ive himself from falling, anti after leaning -upon him
two or three minutes Mr. C. recovered from a state

- -
of stupor, when looking up, he perceived, at the
distance cif about too yards, that, ,twO,:.of his best
r horses had also been struck by the lightning, one of
whkh vats totally dead, and the other in the most
acute ago lies, 'which it survived -only a few mi.
enures. The young man who had been ploughing
witty them, having just recovered his feet from the,
vinlenciall'•lfe received -front the shock, was run-
niog 'across the field, ,he knew not where, with-
' •ont knowing that
,his hortes were killed : and.
so `great was his fright, that he continued very. i;1
till ten o'clock the same night, but being put to
bt..d, was much rerovened next. morning; and hap,
ply neither he or Mr. Cornell have sustained any
muerial injuiy.----:!The horses are valued at go!. •

On Tuesday se'nnight a boy seeking for wood in a
large copse an ;he north side of I lighgate, diogove red
wan 11;tiging by a silk hon,:kerchief, dressed in a
bt.mt tt coat, an.l very genteel, which put the whole
v 'in an moar. At present the gritleman
unknown.

I,LiNI)ifN : Printed by I?, tI
;It the StN.OFFIC

, ,

LAW REPORT.

cCOLIKT; OF X.ING's ErEbiCIT, MAY 3.

c.HATE rp BELL.

This ;was an adion. on a Foreign Bill' of. Ex_-
changeOrought by the 'Endorsee against the balm..
seer,-whigh had bccn argued once before in the Court
of king's: Bench. :The question arose upon the
protest. ,
Mr. Coo icrot• stated, that when the Bill became
due it was presented in the usual form to the Acceptor
for, payment ; that he dishonoured it, -and that
it was noted andifarried.to the Defendant, who re.
fused to pay because there was no protest ; that a
'protest was afterwards made out and produced to the
Defendant. Irlie question was, wkstber the holder
of . the bill was bound not only
{to have the bill
'noted, but the protest actually drawn out, before he
had a rightto call on the Indorser for'payment ?
It wtis contended by Mr. Gins% on behalf of the
Defendant, that the protest was the real ad of the
Notary, and the only evidenee to the 'Defendant of
the dishonour of the Bill by the Acceptor, because
it was that alone by which the Indorser could have,
recourse against those who stood before him on the
- Bill for 'payment ; and therefore, if the protest was
not produced at the time of presenting the Bill to the
Indorser, he was not bound to pay.
Mr;CotritT6P on the other hand observed the usual
',course was this-: After the expiration of the three
days of grace, to present the Bill to the Acceptor • on
tats refusing to pay, to have it noted, and ;hen
presented to the Indorser. The protest, was not
drawn out till afTrwards, when the Notar) found
it Convenient:- 'This was the usual pradiee among
MerOants in the City or London. The Learned
Counsel compared this to the judgments of Courts
of. Justice. When their Lordships pronounced
judgment in any p4tticulat case, 'tlAere was only a
minute taken of it at the time, arid the judgment
was not drawn up in form till a future day, hut it
. referred back to the time when it was pronounced
by the Court. In the same manner with regard to
the Conviaions of Magistrates, .which were after.
wards drawb up in form, The noting was the aft
done at the instant, Upon rion.paymerit by the Ac.
ceptor, and was sufficient evidence of the dishonour
of the Bill. The protest was the:completion of the
art.

Lord ELL,ENLIOROVGH observed, .the difficulty
the Court had was, whether in point of law► it could
be expelled of 'an Indorser, that he should be called
upon for payment of a Bill, before he was put in pee_
session of ;hat document which woula enable him to
call upon 'those whose names stood before him for
payment ? When they looked at the old books, they
found, that on a Bill • being presented and dish°.
floured by the Acceptor, it was to be noted and
protested on the same day. That was the doCtriue
in the old laW-hooks, and was also agreeable to
the diCta in modern books... But if they looked at
the practice, they generally found it the other -way,
namely, when a Btll was diShonoured, to note it,
andatterwards, at a, convetiient time, to draw out the
protest. Bur this matter was of so grea't magnitude,
that the Court-could not 0611;1 of determining this
case, where their opinion could not be reviewed.
The Court could not possibly think (4 determining
a case of so much importance to the Cornmercial
World, without putting it in a shape that a Jury of
Merchants of- the City of• London,, might have an
opportunity of saying what was the custom of
Merchants in this case.
•

The Learned Counsel doubted whether this case
was of sufficient value to indtice the parties to brbig
it again before a Jury. And hem it rested.

ILLS, "J. THE INHABITANTS CF THE III)NDIED

or SHREWSBURY.

This }vas an Attiun brought by the Plaintiff, .to
recover fool. damages against the Hundred of
Shrewsbury, in the County of SAIL The damage
arose by a mill, she property of the Plaintiff, being
wilfully set fire to, on the g►h of Mix, ISot.
Thi% was a question that, depended on the con.
struelion of the gth Gco. I. C. 22. After Mr. \Via.
LEY had been heard for the Plaintiff, it appearing
that this was a mill nut adjoining to any dwelling.
house whatever, the Court was clearly of opinion
that it did not come within the meaning of this Mt
of Parliament, and accordingly gave judgment for
the Defendants.