The Sun.
London, England, 1803-02-26 00:00:00

STOC KM4 AI, JAN. 2r.

THE Ceremony of churching HER MAI ESTI is
just ended. It has beep► .enerally remarkable for
show and' elegance.. ,The, Fete Of yesterday, which
terminated the public rejoicings for the birth of His
Royal Highness the GitAlitt Dolcc of FP;LAND, -
was disting,uished by the greatest magnificence. It
consisted of a. Ball, which took place in the great
Flail " de's Gratsi'w in the Castle. This building,
of an immense size., and most superb archiwaure,
was illuminated with upwards of 3006 Tartws.
The laying our, embellishments, order and exi_
cution, deservedly conferred high encomiums on
the Manager, (M. le Compte de FutseN, the
King's Grand Chamberlain.) Immediately after
the entr►nce of Their MA/ Etal FS, witi► a 1,11.
merous and brilliant retinue, the, Ball• was opened
by Madame the Dutchess of SUDE RMANI A and the
PR INCE WILLIAM of Gtovc ESTER who danced a
mintier, Which was followed by four other minuet.
After these there was a grand pa!fliaire, or dance.
at'er the Polish fashion, petiortne.d by the' following',
personages •

The Km aIKI QICC:I,
The Duke ye Sudertnani:4, with NlAdanle t, to Cdattes..l de
B
'V lie Prince of Gloucester., witit Matiam,, the Duichess ef
Sutler:m[llu,

anti a great number of Loris and Ladies heinn;ivg.
to iLle Cciurt. Afier this, the ?3 ill becoming
to!, was kept up till ten o'clock, and ended with :4
t.piendia supper, served up on Feven great tables, in.
cluding that at which His ;Molest* sat.

Yesterday a court 'of Direanti was held at 01' 1
East \lndia House, which adjintrned at live o'clock
till Wedoesday next.
h3vc great rle.l.,;tve in stating, that pail. of
the valu:thle cargo of the Brig illentat has been re,.
covered. This vessel foundered at Cerign, the
17th of September, 1862, on her pa‘.!....:“,e
Athens to .111alta. She w:ri lien with
toned marble: of
.unequ.illed b::•anty and min: 11'20,,

ship, from the Tem:ile of Minerva, 'at' ACnens.
and other' Monuments of Antiquity, 'beloogirg
Lord, ELcutg', our Ainhaptador at Ccrisranti •
nople. Mr, HAMILTON, Iris_ Lord3hip% Secretary,
Captain LE,e.k.E, cf. the -Artillery, ai:d Caraio
%two., of the Royal Engineers, were passe
in the vessel, on' their return from 7, very inttre..t...
'log tour through Syria and Greece. It is entirely
owing to Mr. liniarr.ro;r's indefatigable exertio
that any part cf this truly valuable cargo has titer.
recrivered ; he rein:tined' tome weeks an the 141a..:1'
of Cerigu, to try if it :mere possible to get any
the property; and after havir,g empkiyed.
meiins, Ire tit length sent for Divers frOm 151.11:d
o Samos, who succeeded in the uudertaking,
In the. French service, acc'ording to the
arrangement, no General 06..-er can
(tient. Those Generals who ltAve deserved wcil ut
their Country, are provided for in succession, by
being appointed to the Command of Distrias.;
as they are now- called, Military Divisions, Of
three hundred Generals, seventy.five.are provided-
for in this way ; many more have the command of
Garrisons, and are employed in the inspeclion
the Troops, stores, &C. Others 'are, employed
the civil department, on embassies in the Cotortie4,
&c. A great number are, as it may be supposed, in
a state of solicitation.

` fir;,.. `>.,,

The river Vousie which threw itself )nto tl e
Seine, near Brai, has suddenly disappeared, linvirg
been swallowed up in an abyss of extraordinary
depth, to the great terror of the neighbouring iutia-
bitants.

The Newmarket Co+using Meeting commenced
on Monday last, anti 'vas well attended. Captain
DURAIIDiS three dogs, Needle, Johnny, and Jugg.
ler had decidedly the superiority, beating the best
dogs the County afforded. Mr. Du Coto offered
to match Juggler against any dug in the kingdom
for five hundred guineas. The finest day's sport
was on Thursday, and the coursing being near the
Town, attracted air the Newmirket Belles to the
Side-hilLCoven, where, the Ladies backed their
favourites.

LAW REPORT.

.CD:kr O,F K4SC's.BENCH, Fra..ls.
31TT114D5 DEIIPAL 7.014 D rritWBOIIOUGII, 2h CUILD-
' --EALL, LONDON.

MARTIN ADCoCK.

This was an action upon a Contrast. The plain-
tiff soldio the Defendant, at a Public Sale, a quan_
thy of Scamittony, upon conditions published bcfore
the article was' put up fill- sale, which were, sthat if
the Purchaser did not take away the goods and pay
for them within 14, days, they should be put up for
resale, and if any loss.attended it, the loss should
fall on the Est Purchaser, which was the usual
tourse.

The order to attend' to the weighing of the
goods was sent to the Defendant, hut he paid no
attention to it. He afterwards was des'red to at.
tend to it. He Made an appointment at his.4muse.
to settle the business with the Broker's Clerks, hut
when they tame, he was ,not itt'4l)olte,. nor did he
ever rake away the goods ; theigoOds were re.sold,
and on which there was a loss of 34.1. There was
a great fall in the market in this article, on account'
.01 some ships which had arrived with a great quart.
City of it onboard. •
• It was Contended by Mr. Gams that this Con..
Arad was not set forth upon the Record as proved
by the evidence, and therefore, although his llord.
ship thought otherwi,e, he hoped his Lordship
would. save the Point for him to move the Court
upon the Law.
His:Lordship said, it had occurred to him, and it
had-occurred to others, that saving. points too
readily, invited Parties to make them, and to try
the chance of them too frequently, and which led
sometimes to `viicatious litigation.. His Lordship
dirt, not say that any such would he the result in
this ease, if lie were to comply. with the request
rnwsmade ; but, unless he hattsome doubt upon a
point, he did not think he. was warranted in saving
it, nor was there any material hardship to the Party
from ibis course, because a Motion could always be
made, if the judge was not.right in the construe.
Lion on a Case, and rite only differeoce as to saving
3 point, and not saving it, was in respeet of costs.
Verdiet fur the Plaintiff' damages 381. 18s. 6d.

S.EDOWICK V. ?ALLISTER.

Mr. GI t 3 as said, that this was an rkaion brought
.1)y Mr. John Sedgwick against Mr. Pallister who
was a Dealer in coals in this city of London, for
having sold and delivered nineteen sacks of coals
without using in the measure of them, the lawful
..bushel which was stated upon the Record to be
that which is prescribed by the Statute of the
Itth of Queen Ann. There was another count
in the Declaration for not using any' bushel in
the, measuring of those coals, fur which the pe.
nalty was fitly pounds. He observed that these
Prosecutions against Dealers in coals, were insti:.
toted with a view of In'aking them al honestly, by
making it their pecuniary interest to do so ; but it
was very doubtful, whether this course would have
that effeit, because the opportunities of committing
these frauds occurred so frequently, that many
Dealers might find they got more by cheating their
customers, than would pay all the penalties in which
they were cony' idled ; and at any moral. or other
consideration, they faughted, heartily. The Legis.
lature, feeling there was no. chance that the Con,
sumer of Coals should have his fair quantity, unless
very rigid rules Were adopted, the °reach of which
was attended with specific penalties, and therefore,
it was emitted that Coals should be measured in a
manner, arid if not so measured, a penalty,
should attach on the person selling them, and it
should be no'answer that the cialdmer had his full
measure, it must be measured by the particular
ramie pointed out by the Aft of Parliament. Here'
Mr. GIB D. 3 described the modeof measuring by
Pool measure and by Wharf measure. The Coals
in this Case, were sold by. the Wharf measure, and
by that cr,i,t,ll, the Low required that they should
have been measured ley the bushel, whereas, the Coals
were put into the sacks in what they call'the
4141,v rintorsr," which-was to fill the sack without
putting Abe Coals into a bushel at all. This was
against Law, and he had nothing more to do than
to prove that the, Coals were so put into the sacks.'
1k Could do so in an instant : he then opened the,
fats. The Coals, he said, were sold to a Gentle,
' man of the name of Flowse, and they were delivered
as by Wharf measure; and, .as a proof of that, they.
were accompanied by a Coal Meter's ticket, which
was never the case when Coals were sold by Root
measure, becauA the Pool measure did not require
that a bushel should be used. 'Therefore it was clear
the cotrael was tp- deliver' by Wharf measure,
and when Coals were deliverea,by WhariMeasure,
the Statute positively required they should be mea..
sured IS it bushel before they were put into a sack.
If they were not put into a bushel before they were
put into a sack, there was the penalty of sop.
That they were not so measured,. he should prove
by those who saw the Defendant's men throw the
Ci,als froth the shovels into the sacks ; the effed of
which must be, a verdia for the Plaintiff.

Mr. ER520141 said, he did not, himself, wish to
screen, still lesi could he be profligate enough to
wish, that his Lordship should screen, those who
committed frauds, and whose rniscondua was proved
in a Court of Justice ; but, In this case, he would
prove beyond the possibility of a doubt; that the
" Defendant afled with perfe6l integrity, and had not
the slightest idea of defrauding any !Jody, nor was
any body defrauded, but the full measure was
delivered.

Mr. GI tins sa;.l, he had no ground whatever for
imputing to the Delvndant in this Cause, that be
attnally delivered less than the proper quantity of
coals ; he should' have thought its dishonourable in
Lim to impute to the Defendant any fraudulent in.
teuti )11 whatever ; he did not say that the proper
qt::oitity of coals was flat delivered. He was as
4,esiroui as any body could be, of distinguishing the
innneent from the guilty. I 4etion was brought
with a view of enloreiog the practice of measuring
t.y the bushel all coals which are sold in London by
wharf measure, a prattice directed by Statute under

the penalty or pot. vihiCh prattice had been long trm
much and shamefully negleded.
Etsittirt, for the Defendant, did not pot the
Plaintiff to proof that thecoali were not Measuied
out of thebushel into the sack----that he admitted to
he the fad, but he inSisted,'and indeed it was ad-
mitted, that- the customer had his fell measure, and
'that was the point about which he was most anxious.
But he felt it his'duty also to submit to the Court,
that the Plaintiff, in this Case, had declared upon
the wrong Statute, for that 615 Action was upon
the Stature of Queen Ann, which required a par,
titular bushel to have been used, whereas the 7di
Geri. 111. put an end to the bushel of Queen Ann,
and established theibushel of Charles 11. which is
commonly called the Winchester bushel, upon which
point, if the Verdid was for the Plaintiff, which 'he
did not at Nesent oppose', he' should move in arrest
of Judgment. .
Ireidid for the'Plaintiff on the first Count in the
Declaration, damages.sol.

OUTTERIDOE AND OTHEI.h V. READ AND oTsigsts.
This was an attion upon a Bill of Exchange for
1501. of which the Plaintiffs were Holders for a
vaitrable consideration, havinvliscounted it. 'The
Defendants. were the Acceptors. It was payable to
rhe,order of a person of the name of Deverall. When
the Bill came to maturity, it was presented to the
Defendants .for payment ; but just as one of the
,Partners of the House of the Defendants was going
to write out a check for the amount of it, he dis-
covered that' the word fifty, in the body of the Bill,
was interlined since Jhey. had accepted the Bill, for
that when they accepted, it, the amount was only
tool. -and .that the fifty' was inserted .afterwards,
and was a forgery ; neon which. he wrote to the
Plaintiff; a .Letter, i;ratieg these fads to them, hut
alledging, " that as they, the Defendants, had
accepted the Bill when it stood for loci. they should
be responsible for that sum," saying to the Plain-
tiffs, " we bold ourselves, of course, .debtors- to you
for tool." and, the attion was really brought for
this sum, although there was a count in the decla.
ration for s 501. according to the tenor of the Bill
when the Plaintiffs discounted it ; but that was for
mere conformity to the Bill, the Plaintiffs being satis-
fted that the Bill was a forgery, as far as regarded the
501. The Plaintiffs. gave the Bill in evidence, but
relied on the count in the declaration for money
•had and received by the Defendants, for the Plain.
tiffs' use, of which, they said, the Defendants Let.
ter, saying, "'we hold ourselves, of course, debtors
to you for tool." was sufficient evidence.
It appeared that Deverall, to whose order this
Rill was payable, had been charged with this for-
gery, and had run away.
Lord ELLENtiOROUGH observed to the Jury,
there was nothing more clear thart that when. a Bill
of Exchange was draWn for a given stub, and ac.
cepted, and was afterwards altered by any party,
or was defaced by any Means, that should operate
to the dischargeof theAeCeptor, and therekre he
was of opinion, that if there was no counriin this
declaration but :that upon the of Exchange,
• this aaior would not have'been maintainable; for,
after the Bill was accepted by the Defendants, 'there
was the sum of fifty pounds inserted'in it, The Bill
accepted by the Defendants was for tool. but when
it was presented to them for payment, it appeared
to be for t pi. and it was manifest that, after they
accepted it, the Bill had fleet' alteiedfrom tool. to
'soh and this was a pod cause for the Defendants
refusing to pay the Bill ; but his Lordship observed,
it.was for the Jury to consider whether, when the
Defendants wrote to the Plaintiffs, " we, of course,
hold ourselves debtors to you tool." it did not pat
an end to the doubt; for they knew that they could
not be debtors upon the fit.;, because they knew it
to be a forgery, as far as the soi. went,: they mast.
therefore, hold themselves debtors on account of
their acceptance of the Bill for tool. for, a voloable
consideration, when they accepted that Bill, and the
jury would consider whether that consideration
might be considered as money had arid received ,by
the Defendants for the Plaintiffs' use.
-Mr. Ettstttrz said, on the part of the Defendants,
that he was perfealy satisfied.
Verdi& for the Plaintiffi—Dattages tool.

l'RiCh Or,

NESTX.

Bunk Stock a 503. go
Navy 5 per Lear.. xotabi
e; Lent.
S per Cent.
,per Lent. Con. HMI
per Cent. Red. 721 it
3 per Lent. Con. 71t
litto Scrip
ilarit I. Ann. io
Oitio Short Ann.
Ditto Scrip .