The Sun.
London, England, 1811-02-02 00:00:00

ANSWER

With the same ainiciltde viowi it is eartwstly
that ti.e pe.,vioce, of Voi•ezticia
sliottid titaintal;. .1 he C molerce,
Oho, and COUltil• tilt:alio-Is Of N. C, Oktis with the 1:vto.
tiler Co unity. Thu 'good ottivt s ut England will
be employed for the aitainitient ut such an adjuq-
rneot, .41r,11 secure to the Mosher Coint+ry the
the ploviticr, outing Ow continuance ut the
coldest v France, out such conditicts n 8 shall
appear to be Suit end c.ttfOrtnabk to the
interest.; of the pruA advatitogeuo. to the
continua cause.

II would t)a likewi-e not less important than con-
form:4We to the wishes 01 the Jima of
that the Government Of hi.'BritaniiitiMai.sty stioLlo,
be pleased to bend ins ructsot,s to rlw ConimAndors
of the Fleets and of the Colonies of the Antilles,
that they may promote in ivory iiwsible Wanner the
objects which have been sult..,e.tcd, and mos: eve-
ciany the commercial relations het v.. 0411 those inha-
bitants and the is of his !lint tunic Maje;ty,
ho wrll enjoy our commerce as ulle of it10:111Uat
13VOUreci nations,

L4IV REPOItT.

BREACH OF TUB QUARANTINE LAWS.

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COUR 1' OF ISANG'S BENCH, Thu' 3g,

. .
THE KOS V. MATHEWS AND OTHERS.

Mr. GAartow moved for the judgment of the
Court, on aye perrteha, (apparently common ma-
riners), who, now; StOO,d.UO the
.flour of the Couri,.
convicted on their own confession of a breach of the
Quarantine Laws, having been found within the
quarantine station, contrary to the provisions of the
Act, .
The prisoners, who were named, Thomas Ma-
thews, John Shearman, Thomas Dupre, Henry Du-
pre, and John Dupre, had allowed judgment to go
against them by delau:t.
Mr. GAZELBE, for the prisoners, stated, that he
hadiatfidavits to offer for them, purporting that they
had'' teanggressed the law purely by mistake, and that
theyliad each finhi;tll.wives and cage. families. As tic
however, imposed a specific
,punishment, and
did not leave it to the diseretiOn of the Court, he
was aware that to put in his affidavits would be of

no avail.
Mr. justice Gansu,. in pronouncing sentence, en-
larged on the salutary ct.msequeuc.es resulting to the
country in general, t from the exact performance of
quaimitine, and the evils which might entitle from
outTqriog alveoli of ,the, laws en.loicing it to pass
With irtipurrity?,,, Those lows aro on the
Court, arid invested them with rih discretion in.tne
apportioning of, the, punishment. ~The sentence,
therefore, was, that ihe,detethiants, and each of
them, do pay aline 6t suol. and be commuted to
tlio custody of the Marshal .ol: the Court till the
same be respeOively paid.
THE xiNg. v. utNc..

Mr. COMMON SeitIEANT rtioVed, that the order
fur the atteudance.ol the defendant in this case do
stand over stilliorther, on account of his continued
ill 'health., He held in his hand an affidavit by Air.
Young; the lotiq,t..:on, who had node tho. Warier
ailloaviti, bolting liiat the' tletendant.'s lii..Atliwtot by
nu weans better; btu, on the '.:morays` that fresh
sytttp,oins had tlns.day appei,red.; that tte delend•
ant had corn:uufleated'to hiSll.teitilutl of going, '
but to4lay to attend Atte Court ; but that, in tits
(Mr. Young's) judgment, it would be highly im-
proper the. detentiant should do so.
Lord , ELLENDOUOUGH said, the term, improper
w 4.1., not stithcient ; the Cuuit,rutht have something
more. He did not mean to apply this to the pie- •
seal c ;se, but it they %etc to this ,down us a
fultt4 they wotil't tiever have any person .w who would
come tip for lodgment.
,fhe diff tent affidavits by Mt. Thotnas Young
and Mr. James Ste en:wit, stirgentis, %ere Own
tend, toe hist tif v, inch
,bore the deft:lid-ant to be
iu
such a stale of health, that hew old not, without
dati-er to his hie., (pin his rooill, to cimounter a
; and to tiltb affidavit II _Jose bill)..
quell' lye tiltd 11:ttl re ti, t eL.
Lord ELL.v,::IIOMJUGI.I observed, that the term
" in:mope, uf Mr. Young's affidavit at' to-day,
gi let down ilk: fur i :111,1 import of the %plus
or ;he 10 tio.r alli its. Olio would be extremely
sorry to du o.llv thing ‘vitieli 111,ot tr.ive a ten,lency
to ettdan4et the lite of 40otlper
taut to be elodekl. It gentlemen on the. other side
wore desirous Of having other itiechual men to wait
on-the defendant, for tire purpose of ascertaining
rt the aual state of his neilltn, the Hof
feel
inclined to yield to their dLsire, II nut, the order
for the atietiknitiee of the tietendant to day must
stand t r,
sr,teo, that he,
v. otod g,litd to B‘. net a 1110.11C.11 ili.lll to Visit. toe de-
fetal ,fit.
Laid ELLF. N 130110116 U said, therie toUld be no oh-
jectioli to it. Tfie Coult,, however, .exvetted. 114'it
the proiceutor would ftsetid for thispurvole a pure•.
tittotio- of ethinehec.i—one (mini e.iceptione
,nujor,
The Court should thereloie enlarge the time for the
defendant's attendance till Wcoilesday next ; but
they, expetted that they bbuttld ilut be fi itivd with.
The,pßniochior, Ivo, tire Cline heikd
gcmli.inxi 01 ri;speciability to vigil the
def.eittlailt, bill this must he done with notice, and
Lath at an improper time.
Mr. COMMON SEBJEANT begged to slate iron, his
ow knowledge, in whit:tyke believed he would be
confirmedhy, bib Learned Fitei,d; Mr. Garroy, that
Mr. I:liumis Young wits it suri;k:oil of high proles,
sionul clikArader.
Mr. GAtittow said, from his 1010,3 ledge l‘lr.Youtig
vas a man, not only of the li.;liost eminence in
tin.
profession, Ul4l a gcrilleautti p; tile sirto!est honour
sod integrity in pitvate tile. „ •
Laid ELLENpottPuoit sdid, the Court were to
take it for granted that the getitietnLit who had
signed the athtiovits subiunteit to their coiitiider4tioli,
were peroons prover tote trusted; but, at the same
lime, it was, better 11,4 L the waiter should remain
Woho`Ut question ; it islet other party, titerefole,
wished to. scud illy ratditai person to visit the di:-
lonian', lie might do so. '
he order for the detendmit
T s attendance, was ac..
curdingiy ordered to stand okr tilt Wedoesday.

subsequently given, amotintVg to 1251, 109, Pa.
arose from a set,otf;;whi,ll- was allowed by the
plaintiff. The tact of the acceptance being given
Is a 'matter of accommodation, and -the.subsinnent
payment by the plaintiff, were smisladortlypoyed.
The defence set up' vas, that the defendant :bay
ing become bankrupt; the plaintiff:, under the pro-
visions of the Art off` the 49th Geo. 111. (commonly
called Sir Sainnel ACt, which had a retro-
spe(iive as well as .a prosN..ctive operation) c. 14).
s. 8, could not, recoter. It was there enacted, th.it,
in all Commissioks of Bankruptcy, already taken
out, as well as those which should be issued; nodcr
which no dividend had been paid, or under, which a
dividend having been, paid, a surplus still :remained
sutfiCient to pay any el:editor who chose to prove his
debt, a dividend eqUal to that allowed to the other
creditors, without disttiihing' .the respejive sum
already paid to siteli case, every indiVidual
having claims on tee bankrupt, should be considered
merely o'a a p.ir with the genered Inidy`of 4rt•ditors,
and should not be entitled to sue.—Pvidence was
then called, who piOVed the bankluptcy of the de-
fendant—Hihat a dividend of 3s. I od. in the pound
lent been paid u. the grclt body of creditors—and,
finally, that a surplusage of 141. a. remain-
ed, which was fully sutliclent iv pay the regular di-
vidend on the sum sought to be recovered by this
aCt.iou. Plaintiff non-suited,

'COURT OF COANCERY, 3i.
THE DUCHESS 01' CUISIPEREANH.

111 AM V. CRoULE.Y.

t A singular ease was this thly moved by. Sir S.
behalf ot defeitdatd, a Lady acting
is,lllo,Axeputrixatici soleresiduat.). legatee, drudee the
kit W 111•0114 tol4llleot 01 het ,Grace the late Duchess,
who died in Huogary, . leaving. propel ty in jewels
and otherwise, in that and this country, to a cmi,i-
derable amount in rattle, to the sate and admit's-
tration of the defendaor, who adtit,instered la the
will. There were (I,,bts and legacies due in. Huh,
gory and at Vienna, ~s well as. du this colon ry, mod
a sequestratioit was Issued at, Vlelltid, retilH,iag ail,
demands in the Anstriad tiotualtions to be.discharged
buloin the assets ni,old.ba removed ; while a suit ..on
a bond and judgment ,was towtuted in this.coutnry.
by a lona fide creditor. The pl aali if demanding
payinent,.a Dill was tiled by:the detendon,;_ .and. this
motion was wade to,have It referred to the Master,
to receive such security as could be given tier re-
straining the ptoceedings.at law,' until a. sale Of the
jewels could he- etfettecl at Victim for some reason.;
able value, which could not be had at present;
owing to the state of that cotpitry. The Learned
f.:001,,,er for the m.OllOll chaiged the proceeding,
at law to be acritityniouts -and vexatious against
the delettdant, for no Other cause than that she was;
the residnuary legatee, of the late Duchess:,
Mr. RICHARDS, . tor the Plainittf at law (a l'air
creditor, who -knew. Britt effetts. wt
to discharge alt just detnauds), denied any anrhhohi.
ousor vindictive mutives, and etnat.ndeci, that the
debt should be be paid, aft; tint it wa, trt:e
• that the defendant had id-l'cred to trai,ster ii,e
tru,t, and wane benefits under the residuary
clause. •

LOtt'D ellAscELLoit said, it was plash that
the valucl of the jev(els could be obtaihed how icr coo
Country except this Europe, and it would be un7.
just to 'we their value, added, that if the de-
hdildant odd sv:urii) hetore the Master inr
the hOnd debt '(..x filch was agreed, to) he would grant
the niotion.-7--Nloi ion granted,

On Saturday the remains of Mr. Litwts were'in-
frrred in a faniily vault at Christ Church, Liverimol.
Tbe'procession cotiststed et a hearse and four horses,
followvil by two coaches, with four horses each, in
One Of 'which Mr. TlithkeAS'' Li:W(l-(t11e yoiki,gpit son
of the deceased) attended as Chief' mourner ; in the
other there vi'ere•ti few friend, of the family. -The
whole Was condotted privately and solemnly, and
the funeral service was tnot'pathetirally read by. the
Rev. Mr. VA use, The streets through which the
procession passed were crowded with people each
.antions to pay the last mourrdul tribute of resped
to-the memory of a man Who had so long continued
the pride of his profession. Eery face expressod!'
sincere sorrow at saying good bye for ever to their
departed' favourite.
The Duke of BOtottri his given notice to the
Fire Offices irt• i,vhich the late Theatre of Drury-lane
was insured, to lay out the instirance-money,
Storing the buildings, under the powers 4,ifie,Rnild,
log Act. ,
The account of the Scotch Exeisemartin, vhe pit,,
has revived, the tollowiu stiiry LWhen tl Duke
. cat Cumberland was on h.:; way to,extirpate the re-
bels in t 745, a party of his dragoons was foraging
near the manse of. Newtown. The Ministers man,
sering them, took fright, and bid himselt, most un-
fortunately, under what they wete in quest of,
namely, a quantity of straw. The straw was itn-
mediately rem ved, and, the man seize 4. Guilt and
fear are very like one another—the poor man was
instantly condemned, for a rebel, and susperided on
a. tree ; scarcely, however, had he, telt his own
weight, when a distao voice inform ,d the royal
~soldiers that it was only' the minister's;
WV-hinged ploughman was, of course, 4brtre,ii.
ately cut down, tod, utter :taking -time;,to coned
haniulf, and, of course, believing he was in the
' other world, ,roared out, with much ,terror, scaring
at the party, " Guile o—d, hae they sodgcrs here
tu." . 4 . • .

At Norwich Scs,ions, an indictment was prefer.
red ,twinnit Mr. Thomas Roopc, fur sending a chal-
lenge to Mr. tieward Alderson. After Counsel had
been-heard for the lartia4, and an able tiddreh, from
the Recorder, the Jury re uttitrcl. their verdict-r-
Gtrilty; but strongly recommended Mr. Roppcito
mercy. The, Recorder, alter expattating on the
enunnit y of the offence, on the recommendation of
the Jury, and in euosideration of Mr. Roope's wile
and-faintly, who depend upon hint tor support, in-
formed him, that the Court 144 leniently ordered
him 41. be fined 4(h. and to be confined in the City
Gaol for one month, and until such 'fine be paid.