Star.
London, England, 1806-11-08 00:00:00

• COURT OF COADAINIIICLEAS, NOVEMBER 7.

• Wohttwalitt *.• Wittana
Thic cafe hild'beelt Med ben ne Lord Chief 14
tice Mansfield,' adtheleff Itedford Allifes, abd.'wak
an adinn of trefkish foethe haluelion of the Plait*
tiff's daughter, who 'need as &franc to her father. and
for the ennfeguent loPs of her ferviee. • Tile Defeo;
dint had been call in. damages.
Mr. Serjrant*W4t:trats; Hoar moved for a rule to
Saw cattle may sirteß o Judgment fhoold not be
granted, ou the eteiattd ofi tnisjoinder of action. Ia
thifirtt count in the tittle:Men, the Defendant Was
indertlchaeged wßti fAteibly entering die Plaintiffs
'vole f-r the poep.ole ofette alfault ; but in the •fecood
• vaunt, though the technical terms of force arid arms
were ukd, en entry was charged. The Learned
Connie!, therefore, coorenctedohis ought nut to have
been an atliriri of ttefmifs, but on dad cafe. In fup.
pot t of this doctrine. he clouted ferceal authorities.
' The Conti, although they did not teem entirely to
loin with the entire doEttine of the Learned Sen.
leanr, granted Mtn the rule for the purpofe of having
• die point afcertaitrei.
aittfatTom v. Impure.
'Thit anal had bOtt tried befoie Lord Chief IsiC
dee Manifield at the fittings after lift term at Guild.
hall. It was an info:ince quellieri, and a reference
find been Made at the time of the trial, to Mr. Wad.
dingniti, One of the Jury, to afcertain the amount of
ave?age damages. Mr. Itaclington, on a 101 l in-
velligso it of the cafe, was of opinion that a general
average, as to foMe articles, and a particular average
Is to milt.% ought to be made, but he found himfelf
'reltrained from making fuch teport in cunfequence
of certain obfcrvations which had fallen from the
Learned Judge at tht trial, teeming to import that
it was referred to him to afccitaio only the particular
average.
Mr. Serjeant PHFRD, in this flotation, moved
Ira a rule to thew caufe why the reference to Mr.
'Waddington timid nor be amended GI far as to ena-
"Me him to make a report as to a general, as well as
II particular average. The facts of the cafe were
•thefe s the Sip was Infured under one policy, and
Ilte•cargo under another. Sting punted by a pri•
viateer under Dutch col ors. finals :arced to lie to the
tea however kiting fo high that ,the privateer could
out come on board, another fail appeared in Gpitv.—
On this, the Captain held a confishation with his
crew, whether they would not make an effort for
the (Ate of prefervina the. Sip and cargo ? They
*greed ; a profs of fail was accordingly made, and
they were forturrate erfOokli to efeape, though by the
ma.aordinary isirtiiin the (kip was greatly (trained:
"frime If her mifli and rigging were broken to pieces,
and lie was otheewite muth damaged. Mr. Wad.
dingron On of opinion that tfiii being a benefit con-'
ferred not on the Sip only, but in a ter greater de-
lver on 'Le cargo, chile at the fame time the (hip
alone was injured, the steerage Suuld he general,
and Mould tithe thelnfurers of the cargo as well as
thole .4 the (hip. The Learned Connfel mold not
4oneeive that it would be maintained, if it &mild be
agree to fight the flap, rather than that the and
the tariff fhnuld fall Into the bands of the enemy;
'that the whole hifs inedned in loch fuccefsfulconeen
&mkt fall me the flip alone. If In, he could not
fee that a contrary doltrine was to be laid down in
the ptefent inflame.
Sir jamas Maasrisaa (aid, if part of the cargo
bad been thrown bverhdard. for the purpu(e of mak-
ing the fhip fit fur *llion, there a general' interne
mutt have taken place. But the argument of a se-
sirral 'average in the ptefent cafe timed to go to
this, that the Wines s the Sip were in a work
lituati •n by the fucceldril effirr had been
made to f•ve her, Than if the had fallen into the
hands of the enemy. The Ltart.eJ litigant might.
liescescr. Antic laia rule.

From the MN. Archdeacon CAULFIELD to Dr. BARCLAY'S
Agent. Okaattes, July 8, tflog.
SIR-1 have received your frelh fupply in two
double boar ofithis molt eaerdent medicine, denominated
De. Barclay ** Ant ibilious Pills, for which the Rev. Vim. Barclay
has a Patent. I Informed you 1 had found them very effiasclous,
and yea remiefted rrmilEno to add my name to the molt refpeda-
bit bit natarcs in its favour. I &mkt imagine the Arridilthop of
Canterbury's name of Weil' ftifficient, and aekoowledge I tried the
Pills entirely on my firm belief that it was In itfelf an bolt. It Is
not poffible lb dignified a perfonage would Coffer his name to be
made tile of hot fit the goods( the Public, Sr that It could he sa-
vored to try thing but truth. I have experienced the foundoef. of
the fotendstion on Which I built, fur I was Cutlet to tormenting
&title:ides, proceeding from bile, sod unite to thank Mr. Hartley
for the cure. You may, therefore, make ufe of my name where
inal when lint pkatc I ant, Sir. your's, ace.
J. CAULFIRI.D. Arthdeston of Kilmore.
Sold wholefale and retail at Mr Butler's, No. 4, Chwapfide,
merge of Paterrinner.row ; aad retail by omit coontry Mcdtrine
Venders, in hotel at so 64. slams. each.