The Sun.
London, England, 1810-11-17 00:00:00

"LOSSES AT SEA.

. ;_f. ,, ; , rl. 0
' 4r.',_,N, •---2,
- ---‘ - -

$.4., •
he Ambler,.. Blay, 'from London to 'this'O rt-,,*
-with groceries, drove On 'the Herring Sand in the
cow sea die night. There is roo much season to
'beiivve, that the-whole of her crew have found
eatery graves. Mr. Way; the master, was ah.ex-
c,4lent. imiriirer, and as a man 'highly respeaed.
The brig Hope,'supposed from Sunderland, trial-
laden, crime into the Deeps with the Polly, Estill,
ein Saturday morning, and brought up'astern of the
P...11y, In the middleof the gale the
re g. foundered, at her anchors, and every soul on,
holed perished. The scene-was beheld by the .crew
of t he_ Polly.. whilst. themSelve-g were struggling' with
lernity, unable to t hinkieven of aid. Happily how-
ever, the Polly weathered the storm. •
A Scotch schooner drifted upon' the Scalp in the
k de, and upseh, three hands all on board,.perished„
When the tide left her, ode poor lad was found lashr
ed to the windlass ; which it is supposed
.he had
himself done for safety, not •dreatning that the vessel
weuld upset.
A fine new American built ship, pierced for 'lB
guns, prize to the Hussar frigate, by whom she had
been htely captured in the Cattegaf, came ashore at
seven -o'clock on Sunday morning, on the main,
above Wainfleet, Where she bilged, and must be a
complete wreck. She was of about 500 tons regiiter.,.
The Lieutenant who had charge of her, a Midship-
man, and some others of the crew, landed on the
main, (near Leverton) : one boat's crew came to
Boston, at seven in the evening. The name of, the
wreck was La Mudeste ; she was captured from-the
Danes off Kiel. Ndt rag of canvas was left
standing by the gale several hours befor
.she struck.
Lieutenant W. M‘Dougall had charge of her.
The old ship. the Sea Venture, belonging- to the
port of Whitby, was in this gale wrecked on Hol-
-beach Marsh, after having weathered the storms of
a hundred years. She was built in the reign of
Queen Anne, (we state this from good infOrmation),
and has been a constant trader from Whitby to
London, during, the long period intervening..to the
present year. By . the gales winch prevailed a fort-
night ago, she was for the first time compelled to
run for Boston Deeps ; and -the shbsequent tempest
has wrecked her on a new shore. Die clew with
great ditliCulty landed on the Marsh' from the boats,
almost perished. We have heard,- (what we are
slow to believe), that their application a large
farm-house for shelter, and the comthiseration
which their sufferings claimed was sternly met, and
that they were denied the indulgence of a barn as a
refuge from the pelting of the storm. Any thing:
less entitled to a Jheating than the communication of
the Master himself of the wrecked vessel, would not,
induce es to notice,' or vvarranni us in noticing, thik:.
libel. upon humanity ; but, with feelings all in,
arms at such a relation, we cannot refrain. frOM
thus provoking an inquiry into the circumstances
• stated.
A barge dated over the bank near the Scalp, and
may' now be seen in the midst of the-pastaies, with
the sheep grazing round her.

Three, -vessels ,berthen driven up the
WaTh way the tide, 'neatly as far as Vo-sdyke Inn.
Ode, • the 'Ann, Cartwright master, was carried
tato the marsh half a mile born the. Fosdyke.clian-nel. .
. ..
Yesterday evening the body of. Joseph Anderson,
late Mate of the Ambler, was found near the vessel,
-which, strange to tell, has righted again, and is ex-
peCted to be get off with part of her cargo on board.
The body was conveyed to the Golden Lion public-
house.
The Hannah, of Sunderland, Robert Tucker,.
master, put into Boston yesterday, throcgh stress of
weather, with the loss of an anchor and cable on en-
tering, the peeps, and having her sails much rent,
The Captain repot is that, to the North of _lngold-
-4nells, he passed a vessel unknown, sunk in seven'
fathom water, with, her top-sails just above water,
and a man standing thereon, to whom'he was unable
to render any assistance.

We'are informed that several_ *reeks are to be
seen on the Lincolnshire coast, off Theddle-
thorpe and Mablethorpe. A letter addressed to us
yesterday from a friend at Spilsby observes—" The
wind on Saturday has produced such a scene of dis-.
treks along the coast between Wainfleet and Saltfleet
as is truly afflicting : fourteen wrecks are visible
from the hills. In. our neighbourhood no material
injury has been done, except that Welton Mill has,
been blown completely over,. The miller's man,
providentially, had left the Mill to fetch a candle
from the house, and was just about entering the
Mill-yard on his return, when ..the whole machine
was blown over with a horrid crash."

'At Wisbech the gale was severely felt ; 'a Corres-
pondent writes as follows :• •
-‘ The tide rose to an unusual height,• and flowed
with such 'rapidity, that several •cra:t loaded with
grain broke from their moorings and sunk. The
banks in several places were .overflowed, and the
lands near the town inundated. Several of the in-
habitants have sustained 'a serious loss, as the ware-
houses and other buildings, • near the riverii- were
Aillea with salt water.- We fear that'greatdamage
ha's been dune to -the ban);:s.and inclosures near the
*utfall of the river, but to what extent is not yet as-
ceftai,ned." -

From the accounts of the Captains who came in
withtheg;ile, there is -reason to believe that, during
the greater pet iod of its continuance, the wind a sea
was Sattif-East 5.)f so, there is a strong probability
that many ships have cleared the land. 'With thiS
consolation we will cloie the most -melancboly; ac-
count that our duty as Journalists ever inposetrup-
on :us the pain pfnartating. Any attempt to esti-
mate the los; which,has been sustattird is at present
unnecessary au4 impossible; 'much is still to learn-
as to the extent of country in. which .this severe vi-
sitation of l'rovidence has been experienced ; and
four.next.sweA's accolmt,:it is probable, maybe even
more distressing thaz*that whicli.we'al prkieut ha
ben obit to
,collect. .

•.LUNVON i Prititici by RICRAP
the Surt•Orercx

YE' 1 P PORT.

. •
COURT OF' tO NJON PL ITS, Nov. Is.
AWBERT 2. WALSH.

. .
71,11.%#3 -an Lattioh for Inone'y had a.nerecelved,
and was-..AT.iecriefUre '-f_;citil Chief Jt'iskice Mans-
'held in June last, 'tvlYen ii&ditt -was given for
the -Olaintitf. .
"Nad ..obtained a Rule to chew
caUse.y 4y,tlipt .verdi6t;shuuld not .be. set aside? rated
non-suit enieted: and against ',that ,Rule.,Mr,--St-t-
-jeant SIIEVEIEtip and Mr., Serjoant. INIALtsnALL this
day sheaved catke.
s: . •
. _ _

uontrad, agearect, had been !entered into
_beiWeen_ plaintiff and 'defendant, dated • Sept:
1809, bytwiliai it Was :agreed, -thit for every:4ol.
paid by plaintiff to defendant, . the.linter should re.
turn l uOl, ifs cessation of hostilities between.Eng-
lend and Eunice, had.not been effected, and the pre-
liminaries of- peace between the two countries had
not been signed, on or before the .Ist of Jul'-, 181.0.
Prior to that period, however, 'the. defendant had
become a. bankrupt, 'and plaintiff,. with many
other persons who had, entered ti o con-
tracts, prodtjced his policy under the commission,
for the purpose of learning what chance he stood ofr
receiving a dividend on the stipulated sum, pro'vided
he was successful in his speculation ; he found, how-
ever, that the contract was illegal, airfl, of
_course,
null and void. The plaintiff, in the month ofJuue
preceding the time when .the coutrad would be de-.
termined, .brought his action for 401. the arnonnt of
premium he had paid, for_ which the Jury gave him
a verdiiit, which Mr. Serjeant LENS sought to set
aside ; on the ground, that, though there was a
contra& in fatt,- it had not a binding operation,.
being, in point of law, an illegal itan,a6lion ; and
that the plaintiff ShOliki not be :permitted to
,corne
into a Court of Justice, under such circumstances,
to place hin>>elf in -a. beter situation than his own
,voluntary oft, _in originally paying away. his 'money
under an• illegal- agreement, entitled him to de-
nand.

' Mr. Serjeant S}WHEED coetended, that the
verde ought to be sutured to remain undisturbed,
tin the ground, ttiat 'it bad been held by many Law
Atithoriiies, that, in cases where it was not legal to
enter into contra&s, if the party paying preiniurie
sued for his enuney back again,. before the risk had
:occurred, that is, before the .period to which the
contract was restricted had determined--in that
case, he. had a right to:recover it ; and, in the'pre-
Sent instance, such eaten, had been instituted be-
fore the specified time ,had expired. In. support of
this opinion, he cited the cases of Lowry v. Verden,
in Douglas's Reports, p. 16e. r Andre. ve Fletcher,
3d Term Reports, p. 166 ; and Vandyke v. Hewitt,
Ist East's Reports ;p. 196 ; in. these cases, the plain-
tiffs-fiad sued tinder 'illegal contract's; .they were, of
coersee nousuited ; but it was held by the Bench,
that itTehey -had brought their anions prior to the
determinatien Of the specified events, for the pre-
mium they had Peid, they would have rece‘cred.
In the tae of Treppenden v. Randall, in the 2L.1
Bosinquet. and Puller, p. :467, the Assignees .of
Tappended recovered the 'premium he had Paid to
the' defendant; On an illegal' insurance—the ae:tiOe
having been brought prior to the :time, at ,which
the insurance terminated. In the ease of' 14-
costade v. White, where the ,event _ had termi-
nated before the adiOn was bfought, though the
plaintiff did not obtain a verdict for the
,surn
claimed under the terms of the contract, which,
like the. present, was in'the nature of a wager, and
therefore' illegal ; yet, under the 'direction of the
Learned Judge (lienyon)e he recovered the pre-
mium. The w hole argument went to proVe that tlie
premium could be recovered, in cases where the
illegal contracts on whiclr it was paid, were execu-
tory;' or in .progresseowards their. termination ;• but
not where they were executed.
Mr. Serjeant MARSIiiL& followed on the same
side. He contended, that the instrument was ma-
nifestly void, under the At of the 14th Geo. 111. C.
48, sect 1, -which was held in- the case of Roe-
.buck v: Hamilton (being a contract 'relative to the
of the Chevalier D'Eon), to extend to insurances
of every description, except marine insurance; and
the plaintiff having brought his action before the de-:
termination of the time contemplated, be bad a right
to recoverehe premitturi.
Mr. Serjeant LENS replied in a most able argu-
ment. The plaintiff, he submitted, could not re-
cover; for, whether the instrument was executed, or
executory, it was in vain, to say this was an action
brought, to rescind a contract, when in point of law,
there. was no contract-which could be recognized.—
, He accurately pointed out the distinction between
the case of Lacossade and White, .and .tbe Other
case's which his Learned Brother had advakede-e-
The law would not allow of the distinction of con-
tracts executed and executory, except where the con-
tracts to which it applied were legal, 'which, une
doubtedly was not thecase in the preseht instance.
It had . been , a transaction of hon Out, and'' if
the bankruptcy had not taken place, this action'
would not have been. brought; the plaintiff, how-
ever, finding that be Wa's not likely to recover the
specified sum, sought to obtain the original pre-
,miurn. But a person entering into a contract of
'this description, stood in the same situation both
before and after the event contemplated '; and he
could not, in either, case, come before Caine of
Jiistice, the transaction being' throughout il!e-
gal. The cases which had been cited, Might,
he thought, be sustained, with the exception
of that of Lacossade against White, which went
farther than even the 'present case deinanded. bet
he prayed the Court to recur' ne the principle which
was Med upon long'before any of those oases kid
been tried, viz. that when an individual became a
loser by any illegal, contra& into which he had vo-
luntarily entered, he should not have. an opportn-
bity.Of putting himeelf in a better situation, by go-
ing-into a Court orJustice.

• -The judgment of the 'Court will be given on a
future day. ",

_
CpAL ateRKE:I", Novb,mas.a. 16.
Ships afgarker. „Ships sold. Price.
16,i Newcastle . . S . sts, 6d. to 68s. od.
Swidtlrland . . '5l . 455. 6d. to 535. od.
Welsh, ~ 1 . Bsa. od. to ---s. yd.

• , •
ll HANZI S; of Nor Mlikttettecourte lip,w-strecti and Prbl
No. 8112364' yOliCte rieivertispnents,,Orders for t

150Ii‘TVGVESE P4iPEI?S, •

LISTOtis OCT, 30.—The—enemy continue in their
po'sitions'in 'front (dour lines, with the'exCeptiOn.of.
the di'isiOn of Loisori, who has
.proceeded on the
Thomar. tisk ob:tea is prbhably to make.
rectinnoiterings; and collea provtston:, of.which the
array of Alissena is in 'extreme Want. A part of_
our tioops, which came Trorn- Coimbra, have:enter-
ed Obidos ;,and on the Side of Ran:alhal, where are
swine-British -cavalry, it is ithpoSsible for the enemy
to, make any incursiOns. to procure provisions. In
fine, they are obliged snbsisit solely. on shat they
can find in the' Country. along the Tagus, froth Villa
Franca to ThOrnar.

On 'this'accdunt the enemy haS endeavoured se-
veral times 'to pass to th,u south of.the Tagus, but
always' success, Near Tan Cos they made a
small raft, hich, however, 'was..destroyed, and
three of thewm-killed.' In front of Chamusca they
made -a.serious tat tent pt ; ' they' threatened 'to destroy
that town, situate on the kit bank of the Tagus,
With artillery, U the' beats which were there were
not sent, Co them. But in this war, the soldier,- the
peasant, the boatman, all fight with 'the same valour,
the`satire desperation. The brave peasants filled
the boks With straw and fire, to burp them; thus
defying the threats of a ferocious enemy-; who,.
Affter firing a 'few shots, which:did no damage,dis-
gracefully retired. At another part of the Tagus,
Making', use of 'a boat
.which they
,had,,, they passed
to'the other side-to plunder,.bnt were repulsed with
the loss Of 14 or 15 men, and their beat bUrnt.
LISBON; I\l6ir: 3.—tord Welling-ton, as he dis-
covers or anticipates new movengents
.on the part of
the enemy, adopts such measures "as he jnages, pro-
per to counteract the plans they may attempt to
carry into execution. Such is the disposition of
the armies- under the comMand of his Excelrency,
and tack the arrangement of every thing t',e!ative.
tothern; that the great rno%'-emertts of numerous
divisions are made with the.same
.6'614 as those of
the sniallesf tdrps. The activity of the hero Wel-
lington as conspicuOUS' in the grand operations
of the army as in thOse of no moment. The enemy
appears to be intent on, the passafre of the Tagus or=
the Zezere, but they have Paid dearly for their fist
attempts.
SEIIbELA, OCT. .—They write from Elche on
the 3d, that Blake was in that neighbourhood with
30:00 men; and the latest news from Catalonia
positively.as%)-ertS, that Macdohald has been entirely
defeated. Three hundred and fifty French infantry,
and two 'hundred'and fifty cavalry, being a detach-
ment from Corddva,' entered Almaden. Soma por-
tion' of Mir's Party is at present in Talarrubias ;
another near the sauce spot. In this town we have
Lasas's.party..
SaviLLE, Sitrr. 30.-,--This- day was tried a new-
ly invented mortar, A peculiar invention of, the
French ; by which they hoped to give brilliant
proofs of 'their industry, and attain a. sure jpstru-
inent to bombard the city of Cadiz. It wasi indeed,
fired twice, but so iprffeEluolly, that it' reached .less
than the common one. In fatt, the defects_ of this„
monstrous piece of workmanship are numerous,—
It is so difl-,i culf to be Moved, that it benumbs the
limbs of thoe who are employe.d.in working it ; it
,is extreibely" innaccUrate in its direction; and if
charged with 301 b. of poWder, the result that
it cannot be all inflamed; but a' considerable per,
don of it ientains in the front of the piece without
taking fire, and it throws an exceeding kat)* born))
considerably shorter -than the 'ordinary
_ones., Five
other's, which Were to have been ready in the,
course of the month of OdOber, have heen coun-
termanded.

The bopitals are full ofFrenCh 'sailers.; their.
number exceeds 2,000, and their deaths are -from2.o
to 25 daily. The French garrison consists at present,
of about 500 men, and among them there are several
invalids. We know, hrongh a Very authentic chan-
nel, that a pirty of cavalry has intercepted in a part.
of the Sierra Morena, named St. Elena, a convoy of
considerable value, which 'came from Madrid, 'des-,

tined for the Duke of Dalmatia. Part•Of the eicort.
was entirely defeated in the defiles, and part taken
priioners. We are justly led to think, that thii trans-
port Vas of the utmost itupoitatiee; as much• by t tie;
regret which the subaltern officers have niiriifesid.
at the news, as by the great endeavours made*tfie'
generals to keep it concealed.
•
CA'STROY6L (IN THE ASTCEIAS), OCT. 10.;---',1
divistor of Bonnet, which at the tominentethent of
this year consisted of 15,0'00 men; is frov
to between 6 and 7000. The Astthians have tiearly.
the same force; but besides this, they reckon upon
4 or 5000 men from Galicia, who are Wale as ausi-,_
liaries to drive the Vandals from that Principality.:
The alined peasants with 'equal Courage fight against

the enemy. . •
• LtsBON, OCT. 3 I.—According to accounts from
the frontiers of the north of Portugal, the French
troops are shut up in Burgos, Valladolid,' and 'Sala-
manca : in all these 'places they have *small garri-'
ions, ;and a great number of sick. Gtneral Serrits•
has about 5,000 men'to •the north of the DOM.°, a
force with which he can accomplish ,nothing. The
French in Almeida are not numerous, and are
alarmed, and.very fearful- of being attacked.

The naval-attack on the town of Villa 'Fratica,

-under Lieut. --Berkeley, was"-in every respeA heroid
and successful. • After- driving the enemy, under 'the
command of General St. Ciblx, into the town with
the British' gun-boats, the Lieutenant debarked a
body of Seamen-and-Marines, and, puttirig hihiself
at 'their head, made a rapid entrance into Villa-Fran-
ca, where-they were opposed •by the French •Gene-,
ral, with a considerable force, bits Who
,being cut
down by the seamen,, his troops fled with title ut,
most precipitation. This gallant-handfui of British
Tars, immediately digging a grave, buried Mon.:
Sieur St. Croix With triiiitary hofiours, by the • Ila
rines firing three vollies over hint. -BOth theliries•of
Lord. Wellington and Massena were distant
tors of this brilliant` achievement.

During a very. fine Solo on the Violin, at the of
Oratoriqs„A country.than„ who bad obtained aduiis7.
sion io the gallery, exclaimed, Lord, Lord, what
a while that man is tuning his. fiddle

lished by WI &M A RMI CE R SC RI l'l'S, Souttl Molton,
'irz Paper, Litters for to Editor &c. (post-paia), mus

AGRIC(.7fUth, FET E',l r
DfaLir f 0

CASTLE.

•
• •
Mr. BURRELL gave the tth aual dinner to ,
nants .in.Scothind on Moilday„ the sth'iot.
in the foret;o9n,•a comptlition for the best
and crops, produced by, the teilawt,, was dwerriv:"-
bY the Judges,. -agj the follov.ing prize-s
to the sr ccesstur Candidates :
First prize to Games Miller, Esq. for the best field °.
turnips. •
of what'
Second, to Thomas Keir, Esq for the best crop
Third. to Mr. Raise, for the best field of potatoCS-
Fourth, to Mr. Baine, for the best ticid of red clover.
Filth, to Mr. Duncan, tor the best threshing-Anill.
Sixth, to Mr. Milnnes, for the best witch co
seventh, to Donald Wlntyre, Esq. for • the liest
ox. •

Eighth, to Mr. Menzies, tOr the best cart-horse.
Ninth, to Mr. Catv, for the, best
Tenth, to Mr. M'Leish, for the best short.,voolled Sheetlo;
Eleventh, to Donald Ai'lntyre, Esq. for the best sheep
the forest br9ed.

After the distribution of the prizes, a sale of abol-1'
100 lots of cattle and sheep Commenced. Thecn`'4c,
were of the Ayrshlre or Dunloo, breed,. and bi7,4,,a
high prices; .two years oici, 28. guineas, and
year old, 17 guineas. .
The sheep consisted of Merino's, Cheviots, Dices
,f,
tens, and crosses-9f Merkno with South
with Cheviots. Merino rant lambs, bronghPf"ti,
sever) to ten guineas etch. Merino' and South
Down cross avertiged at ass. The cross of the ,I,fic.
rino and Chev„iot was much eqteetned, and the cr°so
of thrse ewe 13mb3 averaged 91. 18s. This cr°s4
th ra bef
was also deemed superior in carcase, thougthoughnj
interior in wool, to the cross of the Merino ~he
fyhereof a number were shewn at lit,
,sdie. Mr. Burrell exhibited a flock of pure
rinos, oof which were lately purchased of Coin-4,
Downie, and his South Down 'Hock were also n'n
adinired: •
Alter the• 13,u-yell gave a magni-fioe' g
tertainment Ho persons; in the principal
room, and dinner was also provided for the scor3l)
tied cattle driVers in the ball.

Op Tuesday, Omit a (Picit-ter past twelve 0 c
`5.3t noon, as. Mr. Campbell of' Porttrian-Plam t33d" :
ditigtuut was passing' through. Wilsden-lane, 'eb,
iyb to Wilsden-green,' he . was accosted, by a biS
ber, habited like a sailor,. who demanded
rtyelc
watch. On Mr.. C. refusing, the robber
Lh
him a blow on his head with a stick, 'l`"
o
Mr...C. being prepared for, kept the force t#
and being also artnrd with a stick, gave the r,lOl
such a violent blow with it; that it.knocke“
doWn, -and Mr. C. ran off, but had. riot got far, It'
fore the robber. had recovered. hirriself 'and tb
ed a pistol at him, which proved- to be loaded jr.`'`,%
bail, as it passed through the-crown of his bat
C. providentially escaped. any iniUty
.from th%
but he was so stunned at the tithe, that he v"-bber
prived of any power to give, an alarm till the Ono
had completely escaped, although t,here are
houses- within a short distance.

SMITHFIELD MAftKE'r, Nov. 16. A
'tit
This day's Market' was but thinly styptic", op?
.different kinds of Cattlo.; Veal and Pork are °AN',"
than out last-report ; Mutton is dearer; We orf
ports last price; and the trade, for the tlll t ti.,:rl4et
was sotne,A hat 'tlat.,-:-The sales in the Hay res!'
Nverse not lively ;,'Hay and Straw fetched 13gt :opea
,Clover
_has fallen in price.—The undertnenti
prices and numbers are a Correa statement
To sink the offal per stoneottßb. VO 1
''Be6T 4s. od. to ss. od. Mutton 4s. od. to gs• 4"' d• i
gs. od. to.js. od. Pork gS. od. to js. ad. Lamb 06••
os. od.
Beasts jBO. Sheep 3,4037 Calves zoo. 'Pigs 3°°'
SMITHFIELD RAY`-MARKET" to
Hay 51..05, od. to 91: os. od. Straw 11. tos, 0`"
od. Clover 61. os. cd. to 91. I.)s. cd.

Lai,, Of

,
'if St