The Sun.
London, England, 1821-11-14 00:00:00

mouth,

The Lead may be viewed upon application to SirMem
c"4>TeW, Bart. the Comptroller of the Royal Laboratory
at
1-14UliCA, and to T. G. Burskm, Esq. elssistant Fire-
wive! fo the Royal Laboratory at Purtsmouth,any day pre-.
Woos to the stay of Sale.
Tenders" will be considered fo;• the whole or part of the
244' flundred and Twenty runs, but no Proposal will. be
adatitted- for. a smaller Pin-lion than Fi.fly Tons, and Pay 7
'nen! of the Purchase Money will be expected en. delivery of
flee Lead to , Purchasers..
Furth •
er Particulars may be known upon application at the
I:ere4rll'B (Vice; in Pall .hall aforesaid,' any 'day between
-e
boars of Ten and Four o'Clock, where .tn.;
14,5.
`oe delivered, scaled up, and endorsed .'Proposals for
-"e4,'! but no liroposal tan be admitted after the said 19th11344, cii'7ltettie o'Clock at SoOnol the same day; 'neither
4.(11 .°4-9' Tender be noticed, ;ides, the,,Party staking it, -Or
" 4:4rent Ais behalf; shall attend. • •

Bs, Orde; of the Board, .
R. H. cießir, SiciTtary,

•
Sion Culle.e, Nov. tb,
SOCIETY for the it.ELIEF of
.CLER-
,.I-L,„ GYMEN, and the WIDOWS and CHILDREN of
—RGYNIEN, within the Citiesof LONDON and WEST-
anti the County of MiDDLESEX.—The Slab-
et;be" Willis Charity are respectfully .aciurainteil that a
General' Meeting of the Subscribers will be holden at Sion
I)liege2 On Wednesday the 29th day of November instant, at
One o'Clock in the After;ocil precisely, for the especi;il pur-
pose 41 appointing a.rreasurer in the room of the Itcr.John
Moore deceased, and on other fousiness''of the Society.
(14 Order of the Lorti'Bislirrp of London, Presidento
• • 'ROBERT 'WATTS,. Secretary.

. .
rII4E. Rev. M.. BARTON M.A.f St. John's
. -
cr College, Cambridge, takes into his Rectory n.t
f `.."114111, near Greet ham, Rutland:ll:N VRIVATE
.110ni the age uf Six Cu Foutteen.. years. He inst RIOS them r.„self in Classics and Mathematics ; French,: Drawing,' and
are tapght by Masters, who reside in the house ;
are t by 'a
Master who attends once a week.—The 'F rats
-re 110 Guineas a-year, fur Board,. Lodging,,and Instruction,
as
hose ; nu extra charge except for printed hooks.—Re-
triet's may he made to the Rev. Dr. Inman, Professor of.
b„e,il!.N. College, at Portsmouth, or to the Rev. J. W. Horn-
i:".e."Tutot• of St. John's College, Cambridge. -The ionise
'arlCe,, and situated in a very healthy and retired part. of
tittt
Country: each Pupil has a sepatate bed, and in the day
is constantly under the eye of a Master. A young Geo-
„,`4'4ll may Remain with Mr. Barton, during the Vacations,
-4 Paying Two Guineas a-week.

• ANOTHER £30,000 NEXT TUESDAY t
lIAZARD and CO. CONTRACTORS for
ANO r the Present Popular Lottery, remind the Public that
NlxE PER Prize, of £30,000 Money will he decided at
were Clock next Tuesday Morning. Though 6,500 Ticliets
fur the rtwit the First Day, the following Rich Wheel remains
2 ''econd DaY, NEXT TUESDAY, riz.
Of
3 ... - £5,000
2
• 2
• 4 •
•£5OO

• ' • ALL MONEY I . ..
• •
•And a full proportion of Smaller Prizes. making . .
'TiNo.i"rwo BLANKS TO A PRIZE!
'Azicklebts and. Shares, AVM ranted undrawn, are Selling by
'''`D and Co: the Contractors. at their Old-establisher]
CORNlldunate Offices, 93, ROYAL 'EXCHANGE; 26,
.IIILL; and 824., OXFORD-STREET ; where they
Nlsold, in. 1
n alrelLast.Lotterv, No. 15,702, wil;0001.! 6,054, a
'''C•9l.l• and All the 30,-0001. Prizes in a former Lottery.
PRI-.N' •
CH WINES OF-THE FIRST QUALITY, AND. 23
PER (J NT. BELOW PRIME COST.
'PLOWER; No. 1, PALL MALL, has a
- • Consignment of the following WINES, which will he
bays.? ton Sa,ill all he sold November 14th, 15th, and 16th, and the following.
Petit Bourdeaux 42s per dozen.
•
Sauterne - -
' particularly fine • • " 6:3s •
Barsae - - . 63s
riontigni-rc 63s
C_reaming',Champagne - -
-84 s
Sparkling ditto
Sill - -
~, erY, ditto, very fine - . 963
—,are t, •
La Fate
Also, a small - - 763
Vint parcel of Old Hock, of the
AI, j• age of 1790 - -66 s
P 'cations fur sample Bottles are requested to he !made in
.i,. ' the early part of the day. ts., .).--Please to oliServe. that F. Flower's Counting-house
butl44th thesteps under the first house in the Royal Arcady,
tilt: entrance is the first in Pall all.

HIS Melancholy Catastrophe occurred on a.
-a' -voyage to the Soul Sea Fishery,—Capiain'.HALts
sailed from England in the Ship Olney, about the month' of
October 1820, and having doubled Cape Horn, after a rough
passage, early in 1821, he put into the island of St. 111 aria
which is uninhabited, on the Coast of Chili, to re-fit.—On th;
24th of February, about 10 A. 3r., several men were seen on
the beach, and Capt. Hales supposing them to be Spaniards,
who had come over from the Main, went on shore with his
Second Mate, Armourer,
.andfour Seamen, armed, for the
purpose.J .procuring fresh
_provisions. The party was seen to.
land,. and join the Spaniards, with appeared to be very friendly*
with them ; they 'shortly afterwards retired from the beach to-
gether, •imd it was. supposed that Capt.- Hales was in treaty
With them for.provisions, and was gone over to the South B.ay
to look at them. Towards sun-set, the Captain not having re-
turned, the crew became alarmed and a boat was despatched to
search for them, which returned with information,, that on their.
.approach, several strange men were seen on. the beach, and
from their movements more were supposed to be concealed,
and it being near dark, it-was deemed most prudent to return
to the ship, without venturing to land. , .The
,followinß.
morning no tidings having been received of 'the party on
shore, at day-light the Chief Mate'manneci antrarmed-tWo
boats, for :the purpose •of erideaveuring• .to find them ; on
coming near the shore, they perceived a man naked, sitting
on the beach, and on. landing, discnyered bini.tb be Thomas
Moore the Armourei,.eoVered with blood„, and severely, wound-
ed; he was peffectlY sensible, and infOnnedothemi•that.on their
first landing, the Spaniards • appeareck to, he friendly, giving
them bread and .rneatt and induced them to accompany them
some distance'fioin the shore, *here they 'Were suddenly sur-
rounded by 40 or 50 men armed, on wnich the Captain re-
solved to return to his float, which was refused, except on con-
dition of their delivering up then' arins---'fheY were compelled
to comply with these terms..-4-The.Spaniaitrs then treacherously.
bound them, two and two,- and carried them abOut three miles
into the island, and when dark, brought them back near. to the
beach, among some bushes—stripped thent—and cruelly stab-
bed them in cold blood; himself' alone sUrViving, Whom they left
for dead, he having received .23 woundvin•ins body, and two
sabre cuts, one .on eacii,side of. thu neck. lie was perfectly
sensible, and was itithieiliatelY fiken On -Ward; where the Sur-
gebii•exathined him; and found his woun& mortal. 'The boat .
ladbo Soonerzeturned, than a nuniber.nf, men were seen com-
ing towards the and soon afterwards a man presented'
himself dieSsed in the Captain's clothes; waving his hat for a
boat-to.coine on shore ; lie was accompanied by three or four,
who.appeared to be Officers in greeratTifolins, with cocked hats
and sabres ; .others were discovered frOth the Masthead tying
‘behirid the beach: The leader of the partraPpeared so much.
like .Captain that 'the Arniourer was questinned•
ther he was positive that the Captain was killed, when he assured
'them he was, anti that the Captain or leader of the Spaniarkis so •
much reSembled"Captain Hales, that he had remake& it when.
on shore. The•Ofiley immediately weighed anchor, and' stood
for Conception, and at 5 r. 34. the .Armourer became much
worse, and at 9 the same evening died.—An instance of more
atrocious barbarity perhaps never occurred; Capt. Hides, the
Second Mate, Arniourer, and four men perished,
.in this most
inhuman transaction ; Capt. Hales has left a Widow and seve-
ral Children totally destitute of the ' means of subsistence,' to
obtain 'which, this appeal is Made with confidence to. the bene-
volence of the Public, convinced that they will humanely con-
tribute to the relief of .an unfortunate family, who have been
deprived, by this unforeseen and calamitous event, of their only
support, and who have thus been reduced from respectable and
comfortable circumstances, to the.greatest poverty .and distress.
SUBSCRIPTIONS will be thankfully received by Sir JA3ItS
EBUAILE and Co. Lombard Street ; LINTHORNE, Esq.
Austin Friars; NV.-Ctint.lNG, jun., Esq. 10, .George
-Yard,
Lombard Street; Messrs. Cu, itLis G, YoUNG .and Co. Lime-
house; and at Ten: SUN Newspaper Office, 112, Strand.
Curling, .Young, and Co. • • . 21 0
William Ni ellish, Esq.: , • • • , 10 II 0
Samuel Enderby, Esq. . . •• 10 0 0
D. Bennett and Son. •• .• • . . • 5:0 0
J. Gale• and Son . . . • , • •5. 0 0
Boulcot, and Hill . . . 5 0 0
Hayman, White, and CO: . ' • •.• • 5. 0
Harnett and 'Son .. • . .. . 5 0 0
Blyth and Sons • .. • ,
•. 5 0 0
Brunton and Co. . . 5 0 0
The Sun Newspaper . • . , 5.0 0
George Brown, Esq. ... . . . • 50 0
.Thomas Ward, Esq. ,
•. . . 5 0 0
Cox, Kelly, and Young . . - • 5 5- 0
Mr. Sturge . • -.• • . •. . 50 .0
Mrs. R. Curling, Canaberwell., , . • 5 0 0
W. 'Curling, sen., Esq., Blackheath . .. • 50 0
T. B. Oldfield, Esq. • , • • 5 0 0
N. Atcheson, Esq. • . . 3 0 0
R.' S. Atcheson, Esq. •• • .• • . • • . •20 '0
William Williamson, Esq... . • . 2 0. 0
John Harkness, Esq. . • . • 1 0 0

Henry Wilkinson, Esq. 1 0 0
The British Copper ecimpany, by Mr. Rowcroft. 3 0 -0
B. I. Linthorne, Esq. .• . . . . 10 0, '0
Rev. 41.:. 11. Burney, Gree.riwich 5 0 0
.111r.,Robert Linklater . • • • • : - 5 0' 0
Mr. D. Saul . . • •. • - • ;- •, 2 2. 0

Mr. Duncan Dunbar . - .. • . . 2 0 , 0
Captain Joseph Clarke . •
~ . . . 1 1 0
Mr. J. R. Hoffman•
••1 1 0
Nlr.-C. Richardson, 'jun: • - ' • . -1 1 0
Mr. J. P. Jarman • . . • , • . . 1 0 0
Mr. E. Barber . 4.: ,•1 0 0

Per THE SEN Newspaper. ..
R. Li". C. . 1 0 0
Charles Edward Pigou, Esq. • . . 6' 0 0
R. E. P. . . . ••• • :2 0 0
Squiers and Steane • - . 1 .1 ' 0
Mr. Ilarris,•Lornbard-street • ' • . • 1 -0 Q
J. 'Wilkinson . . 1 0 0
. 1 0 Q

'MT. STUART appeared for the trustee, but said he conceiv-
ed it unnecessary to trouble his Honour with any observations.
VICE-cIiANCXLLOR said, that he might perhaps be
able to conjecture what the meaning of Dr: Sibthorp might-he ;
-but that, fortunately for mankind, Judges were not allowed to
act upon conjecture. The will was so expressed that it was im.
possible, to limit it.to Mrs. Cholmondeley's children. The ob-
scurity and ambiguity of the deed seemed to indicate that the
'testator had 'been very old.
lU r. HOUNE.-4 understand he was about 90. •• _ _

• The VICE-tIIANCELLOIt.—A clear expression of the tes-
tator'S will would be ncCessary to limit the appOintment. It was
not clearly expressed, but on .the contrary, mentioned the
'nephews and .nieces of Lady Sewell, generally,. and also re-
4.erred to their respective nephews and nieces,when Lady Sewell
bad ho children. But the costs would be paid out of the fund.
Mr. SHAtiwEVT, referred to the will to chew that it was dif-
ficult to , ascertain in . what county of England Dr. Sibtliorp
wished to be buried.
Mr. .ifonNli remarked, that; his son-in-law, Sir Thomas
Sewell, Master of the Rolls, might have taught Lim better law.
• his lloxot n. got through the. paper by two o'clock.

counT OF KINT.PB BENCH, Nov. 13.
• SWTSTON V. TILBY.

' This was. an..action'brought by Susan Swanton, a servant,
against the- defendant, to receiver damages for a libel. The
.iilaintiff had lived servant in -the family of the defendant, who
is a Clergyman and a Magistrate.. quitting his service, she
applied tiara character, and the defendant wrote a letter, , stat,
ing that her.demeanour was modesty itself, but in fact she was
immodest and vicious ; many things had been stolen. in.his
roily by the plaintiff, who.also admitted a man to take indecent
liberties. with her person. The.cause was tried before Baron
Garrow, at Oxford, and'thejury•Were left to considei Whether
the defentlanthad been influenced by. a maliCiOus and .vindictive
feeling. The verdict was found for-501. damages.
Mr. Cnoss, now.moved the Court for a yrew trial, on two.
groUndi. He submitted 'first, that-the defendant had written
the-letter under theStiong impression produced on his mind by,.
the gross misconduct of the plaintiff whilst in his service.- Se-
condly,. that it. was a verdict against the evidence, which dis-
closed facts respecting the Misbehaviour of the -plaintiff, which
ought to have induced .the Jury to find for the defendant.—
There was ~no.proof, ;be. contended, of malice and under all
the circumstances the question ought to be subinitted again to
a jury. ' .
The LORD CfrrEr JUSTICE was of opinion-there plight not
to be a new trial. Letters written by a former master upon the
character Of a servant; were to be considered 'a privileged .com-
munication, and unless it could be sliewn -that the writer- of
such a letter was influenced by a
,vindictive motive, fie was
clearly pnvileged in what he wrote.. It was most important to
theinterest of society, .that privilege should be upheld, -beeause
there was always i'.strong disposition on the part of masters.and
mistresses to extenuate. the fault of servants. If upon reading
,the letter which was the subject of this action, the Learned
Judge would have said it contained nothing vindictive, it
would have been to direct a nonsuit, or a verdict for the defen-
dant ; but no • person reading it, could say it did not .slicw
something like an imptoper feeling, and if there was any doubt
lon that subject, the Juiy alone Were competent to decide.—
The letter, in his opinion, was written under a vindictive feel-
ing, and the Court .would not say the Jury had conic ma wrong
decision. • - _ -

Mr. Justice Bel LEY said thiS had been properly left to the
Jury. if a; Clergyman and .a Magistrate gave an answer re-
specting character, he should be discreet, and not write under
the influence of his feelings.-- If he did, he must expect to be
answerable in law. There Was a great warmth and particula-
rity in the letter which was not required. The Jury, therefore,
had come to a proper conelsion.
Mr. 'Justice lloLuoi-D, and Mr.-Justice BEST were of the
sanic opinion.—Rule reibsed.

BLASPHEMOUS LIBELS.
THE• KING V. ANNE CARLILE.

... . .._
• for
Mr. CoorEn moved f a rule to shew cause why the verdict
should not be set aside and a new trial had. - He saidlte moved
this upon an affidavit, in which the defendant stated that, on
the 24th of July last, she was tried in this Court upon the pro.
secution of an AsSociation calling themselves a Society Tor the
Suppression of Viee, for the publication• of the Theological
Wortts of Tom Paine.. Ber,defence consisted of printed and
written matter, and she. was proceeding with the same, when
the Learned Judge stopped her, saying- he would not allow
her to proceed any further.. The deponent' was stopped-at the
following passage :—‘".rhe defendant ought to have been in-
. dieted under. the Statute Law, making it penal to revile and
scoff at the. 'Holy Scriptures; but her prosecutors were too vin-
dicnte to take that course.. They knew the object of the statute
• was only to disqualify theTarty convicted from holdinr, civil or
military offices. They therefore indicted the defendant on
what they called the Common Law, which is nothing but com-
mon abuse." • • •
The LOUD CDIEF JUSTICE interrupted Mr. Cooper, and
asked Whether, as a Barrister he 'thought a reflection on the
common Law of the land could with decency be suffered in a
Court of Justice ?. . . •
111 r. CoorEn said, if.that question was put to him in his
chdracter as a Barrister; he should answer no ; but he stood
before the Court as'Counsei for the defendant. lie font', wed the
' instructions of his client. ,
. .
altogether.
• Mr. Justice BAYLEY-,Gentlemen at the Bar have a discre-
tion to' exercise.
who were in Court
Mr. CoorEit—l am to contend the. defendant is entitled to a
new
isi
rt.r i a l,
ought to know *better. ' • .
becauseßE shieLciseifer.nece_owoap,sel7pyp4d
Justice
-.Mr. Coorrat—l was not in. Court. . . . •
Judge 11E§T—I beg your pardon. .
Mr.CoorEn-LI beg your pardon, my Lord; I tai in the cof-
fee room' at 'the time. Ali. Cooper then -proceeded to. read the
remainder of. the affidavit. It v..ent on to state that the Judge
said he would let the delLnce be read, but after giving permis-
sion to go on,' again insisted that thedepohent should retire and
'strike out the objectionable matter. • The deponent, When she
returned to the Court, refused to alter it, and gave in the,.fol-
lowing declaration —" This is my defence, and if the Couit de.
chic that an En&ishwonian has no rigli to 'declare that which

Mr. CoorEn—No, my Lord, I know nothing of the fact be-
yond my brief.
• • Judge BEsr—,Let me set you right. When' this '
cause-was
called on, the defendant'appeared to defend herself, and ob-
jected that some of the Jury might be persons connected with
:the Society which preferred the indictment. I. asked every
Jerson who went into the box whether they belonged _to it.
hey said no. The cause then went on, and after .the prosecu-
tion closed, the defendant proceeded to address the Jury, read-
inli from a paper. I objected to parts before she came
to the passage respecting the Common' Law of-England ;
however, after some reflection, I thought it Was as well to let
it go. on a little further, and she read till she came to the words.
you have repeated. I said, Madam, I cannot ptrtilit this to he
read. Her answer was, I cannot make any defence without it.
I said I think you had better retire with some friend and ex-
punge the objectionable parts She said she had no fiiend in
Court. I told her Gentlemen sitting at, the Bar would assist
her. She said She would do no such thing. One of the Jury
then got up, and complained of the paSsages she had been read-
ing. He said she was doing -herself no good, but much mis-
chief; and desired she would withdraw. She did withdraw,
and came back with a--paper-....44--flthis-is--mytlefeoce, and. if the
Court decides that an Englishwoman has lip right to declare
what she Considers essential to her defence, "must abide the
consequence." I was. desirous that tile defence should go on,
but when I found she 'did not-choose' to defend herielf by Coun-
sel, and that she was about to make a defence which Counsel
could not make for her, I-considered it an Effort to. add blaSphe-
my to .the libel, and I stopped it. ' I was most anxious she should
nave the opportunity of stating every thing in her defence with
decorum and decency.
Mr. COOPER then observed, that the facts stated by the
Learned Judge did not materially vary from those in his Brief.
Whatever might have been the conduct of the defendant, he
considered it his duty to
.stand forward as an advocate in her
defence. Every person accused was innocent until found guilty,
and he.never would refuse to be Counsel in any case. If there
were persons who looked at his conduct after the inannet of
some who, at the play, confounded the Actor with the Dra-
matis Persona, heshould treat them with sovereign contempt.
—He 'considered: the interruption of the defendant's defence
ground for a new trial.
LORD CHIEF JUSTICE—Does your affidavit state what
other matter the paper contained which might have been re-
ceived in a Court of Justice ?
Mr. CoorEn—No, my Lord, but although some of the
matter was objectionable, it was to be presumed other parts were
admissible. In the "' v. Davison,' the Court did '‘Cbt
stop defence, the but imposed fines for going on.
Mr. Justice 13AYLET—If mischief is insinuated into young
minds, punishment will not remedy the evil. It was better to
-stop the reading of improper matter. No Judge ought to per-
nit studied matter of that description to be stated. The Learned
Judge then asked whether the defendant on her return cm-,
municated to the Learned Judge that she had examined the.
paperand found nothing objectionable ?
COOPER—She says that not expecting this course of
proceeding she was not prepared for her defence.
The Loan CHIEF JUSTICE was clearly of opinion that she
ought to have said it was not objectionable. The Court in this
matter had not lost their understanding. .
Mr. CoOrrat said, he well knew the Learned Judges had a
very extraordinary understanding ; but with respect to the de-
fendant, she had no advice. iso Gentleman at the Bar inte-
rested himself in her behalf. He was not then her Counsel.

Judp BEst—,The paper might have been taken to the seats
of the Barristers.

Mr. PLATT—My Lords, it is proper I should state, I went
out of Court and offered the defendant my assistance.
Mr. COOPER—I am sorry I was told no Gentleman at the
Bar. did interfere.. It reflects honour on the Learned Gentle-
man who did offer his assistance ; yet I contend the defendant.
being stopped in her defence is entitled to a new trial. -
The Loan enrEt Jirittrev. said, the. struggle_ in this rase
was to decide whether a person charged with the publication of
blasphemy should be allowed to state. openly, in the hearing
of the Jury, as much matter • of the same character as any
friend to the accused- might think proper to prepare, and a
Court of Justice be made a theatre for the expression of blas-
phemy and sedition. The declaration of the. defendant meant
that ,she had aright -to state any thing offensive in a Court of
Justice. It would be a great disgrace to those who administer
the law, if a Judge Was lo say persons might utter blasphemy.
The defendant, acting frorri the delicacy of ner sex, might have
abstained from reading the objectionable passages, which were
really disgraceful to a Court of .Justice. The Learned Judge
had done.rightly in stopping the .delivery of improper matter.
It could not be governed by the case of the King v. Davison., as
the mischief here would be done by the utterance of the mischie-
vous language which it. was the duty of the Judge to prevent.
There was no ground for a new trial.
judge's BAirLY and II oLltOlin were of the ,same opinion.
Mr. Justice BEST said, after having stated the facts, he should
take no farther part in the question.
. New trial refused. - •
The, defendant,.who was in Court with a female friend, then
withdrew. . . •

COURT OF COMMON PLEAS, Nov. 13.
LIABILITY OF FACTORS.
GILMAN V. ELTON.

At the last Sittings an action of trover was brought by the
plaintiff to recover back the value of 'Certain goods sold 'under a •
distress for rent by the defendant; the gbods being then in-the
possession of a factor. A point was then reserved, namely,
Whether the goodS, being in. the possession of a factor, could be
seized foi rent .?.-and the argument came on. to be heard this
day.
After hearing' seigeant MITMTALL for the plaintiff, and
SergeanfkiWES fdr the defendant; who referred to different
cases in support of their argument,
•The E.iixEr JUS7ICE proceeded to state, that wherever
facie,
were found in the possession of a tenant, they were, prima
facie, liable to be distrained for non-payment. of rent. . The
rule. by which this was governed, arose not Indy .out of the re,
lation of theparti es, landlord and tenant, but also out of the maid,
festnecessity of the case. At first this rule,-and the presumption
to which it gave rise, were founded on a very simple principle ;
but time, which introduces alterations into all human affairs, had
somewhat altered that simplicity, because it might be attended
with considerable inconvenience. The main question here was,
does this case fall within the general rule by which landlOrds and
tenants are usually governed, or does it fall within the exception
to that rule ? To ascertain that, it first became necessary to
know, what gave the right to distrain the property of a-third per-
son, or of property on the premises of another.. It was then,
according to the judgment of Mr. Justice A slitust, an artificial
rule, found .necesSary 'to be introduced for the prevention of 1
fraud by improper claimants of the property. The right was
not founded•on natural justice, but the rule was introduced to
prevotthat inconvenience,. which might, and in all probability
*add, take place without its effective existence. 11 ith respect
to the'exception, it was founded on a rule in favour of the '
'growth, of commerce, and as the landlord was protected .by the
law, so was commerce upon every principle of sound policy.—
From the fatts disclosed in this case, it appeared tsat the goods
Were received by a factor, as such. But it was asked by. one of
his Learned B.rothers, why not sell the goods where they were
manufactured, even for the sake of public convenience? Could
it; in return, be asked, be gravely argued that the commerce of
a city, like London,. should be thus annihilated ? Would the •
sale of goOds at the place of their manufacture be always con-
Sistent with. public convenience? Why no man who was capa-
ble of ,thinking—no man. conversant with the nature or princi-
ples of- trade, • or 'the general circumstances of a country,
could for a moment imagine so singular a' doctrine. The .
exception 'appeared to lnin more fully to include the. case
of factor •than any other. A
_,factor was
.protected for
the convenience of the public, and the more so, because
.every body must see how highly 'detrimental it would be
to the intcrest.s.of commerce if the different articles of manu-
facture were sold at home. By this protection of the factor,
the manufacturer was enabled to send him his goods for dis-
posal-eand tilts is as rf.uch a benefit to the public as it is to the
more interested parties. In order, then, to consult the public
convenience, awl, to advance the interests of commerce, the
goods sent to him for disposal are protected from liability to his
debts.. The present case could not be distinguished from one'
where goods were sent to a fair or market ; anti, in his opinion,.
they were not liable to be distrained.
The oth, r Learned. Judges concurred in this opinion ; and the
CiarEr. Ji7STICE afterwards observed,- that in giving his deci-,

The Little Catherine, otherwise the .North Star, with lier
cargo, was seized upon the 26th of 31arch,.11117; in the port of •
Falmouth, in the island of Jamaica, by Robert Gilpin, Esq,
the Collector of the Customs in that port. An information
was afterwards filed, and an appearance given for.tlie Qivners,'
in the Vice-Admiralty Court of Jamaica. On the 311th of May,.
1817, the Judge pronounced the property tb be fiirferted; znitan .
appeal was entered on the part of the said owners. This appeal
was prosecuted,bu tin the mean time application was made (under • •
the 54 Geo. 111. c. 171),by"way of memorial and petition to
.the
Lords of the Treasury, praying them to direct the restitution et
the ship and cargo in question. The Lord' of the Treasury
granted the prayer of such petition ; and the Eir?,g's proctor,
accordingly, in this Court, withdrew his opposition to the
appeal. On the 20th September, 1820, the decree reversing•
the sentence of the Court below passed : the clients .whom lie
represented had paid all expences of the appeal and charges
of the Court, and had obtained a decree of restitution.; In
the September of that year the alleged proceeds of-the ship
and cargo were deposittd in the hands of the Commissioners of
Customs. A monition was subsequently granted against the
Commissioners of the Customs, warning them to bring into the
Registry of the Admiralty Court the register of this vessel. To
that monition the King's proctor appeared underprotest. His pro-
test-was made: it set forth that, application having been made to
the department of the customs in Jamaica, the return was, that no
funds had been left in their deposit by Air. Gilpin, the late
collector. Application was then made by his clients to the
Commissioners of the -Customs here ; and their answer was,
" that Mr. Gilpin had gone off altogether ; and that no funds
could therefore be expected from them." The question now
to be decided is, whether the Commissioners of Customs were
answerable for the conduct of Gilpin, who was appointed to
his office by the Lbids of the Treasury.—The Court postporel
its judgment.

CITY BUSINESS.—A Court of Aldermen was
held yesterday, at Guildhall, to consider of-an
Address of Congratulation to his MAJESTY on his
arrival in. his British dominions, at which the
LORD MAYOR, thirteen Aldermen, the Sheriffs,
and City Officers were present, when an Address
was unanimously agreed to, and t 1 nerifis, at-
tended-by the .fteinembrancer, directed to wait
on his Majesty, to know his Royal will and plea-
sure when the Court should attend with the same.
The Court requested the. Lord Mayor to call an
early Court to express their acknowledgments of
the services of the late Lord Mayor, &c. and •his
Lordship was pleased to appoint Tuesday nextr
for the purpose.—A Court of. Common Council
will be held to-morrow, for the purpose of consi-
dering an Address to his Majesty on his return.
We think it would save Bts,n a vast sum of
money annually, if he only advertised When he
did not sell a Capital, for every one knows, that
when a Lottery is drawing, his offices are most.
conspicuous; we suppose, however, from his 16lig
experience, that he. knows best. Perhaps if lie
followed our advice he would. be. ruined by his
good luck : for were he only to advertise *hen
helvas not successful, he would never adVertise
at all!!! Every body knows on the first day. of
.the present Lottery, he .sold all the four princi-
pal Capitals drawn. What he
TUESDAY, time will shew.

illethod of Preserving Apples and Pears.—
rile best time for gathering fruit is when it drops
off spontaneously; this is from the middle of
Septeniber to the end of October. Ladders
which will reach to the top of the trees must tie
provided ; likewise baskets for
.the. reception of
.the fruit. In plucking fruit, the best rule is, to
take what appears ripest in-your hand, and raise
it level with the foot-stalk ; if. it parts from the
tree, lay it carefully into the basket ; otherwise
let it hang. The trees should therefore -be ex 7
amined every three or four days. In the fruitery,
the fruit is to be laid in heaps, and -covered with
clean cloths and mats above, or with (rood natu-
ral hay, in order to its sweating. Thiss is gene-
rally effected in three or four. da.ys;
.but the
fruit may be, allowed to lie in the sweat for three
or four days more. They Are then to be wiped;
one by one, with clean cloths. Some glazed
earthen jars must then be provided, with. tops
or covers ;.and also a quantity of pure,pit.-sand,
free of any mixture ; this is to. be thoroughly
dried on a flue. Then put a layer
.of sand au
inch thick on the bottom of the j.ar ; above this, a
layer of fruit, a quarter of.an inch free. of each
Cover the whole with ;sand to the depth
of an inch ; then lay a second stratum of fruit,
cowering again with tut inch, of sand, and proceed
in this way till the whole be finished. An inch
and a half of sand may be placed .over the ,
.permost row of fruit. The jar is now to be clesed
and placed in a dry airy situation,, as cool as
possible, but entirely free from frost. The usual
time at which each kind of fruit ought to be fit
for the table being known, the jars containing
such fruit are to be examined, turning out the
fruit and sand cautiously into a sieve. The ripe
fruit may be laid on the shelves of the fruit-
room for use, and the unripe is carefully to be
re-placed in the jars as before, but with fresh
dried sand. Some kinds of Apples, managed in
this way, will keep to July. Pears will keep
.till April: the Terling till June.—(lllcmoirs of
Caledonian Horticult. Society.)