Star.
London, England, 1801-07-16 00:00:00

Lit O. MISCALL

The Defendant, a lighterman, was Come time
ago employed by the Plaintiff, who is a corn mer-
chant, to carry on (bore a quantity of rice from a
lying in the river Thames. The rice was put
on board- a barge, and taken to the Dundee wharf,
kept by a man of the name of Brown. This being
an holiday a land-waiter could not be procured
from the Cullom-hotife, and the barge was moored
alonfide the wharf.. For three tides every thing
continued well, bat On the fourth the water got
into the barge, and the funk. When the tide
ebbed the rice was got out, but in fuch a damaged
Hite that it was found neceffary to carry it up to
Barn Elms to be kiln dried. Having gone through
this operation it was again fit for ufe, bat it was
deteriorated in its value to the amount of 184—
To recover this furn the anion was brought, and,
as it was evident that the Plaintiff was entitled to
a full compenfation, the only quellion was, who
was bound to make good the lots, the lighterman
or the wharfinger ?
Mr. &salmi, leading Counfel for the Plaintiff,
contended llrongly for the liability of the Defen-
dant, as the accident bad happened entirely through
his means. The barge Was not river worthy. In
her fore part fhe was fo crazy that a mark was
made with chalk, beyond which it mull not, be
weighed down, and thus rendered it neceffary to
pot all the calks aft ; the barge becoming a lever
of the fecond order, the water had the moll Oa
nifhing power upon, and railed her almoll per-
pendicular. The water poured in at the Rem, and
the went to the bottom. It would be Paid, per-1
haps, that the night when the accident took place,
there was a watchman on board. Perhaps a
watchman was on board, but it lay with the De-
fendant to thew that he was of any fervice. The
law always seed on prelumption till the contrary
was proved, and it was a well known intendment
of the law that every watchman fleeps on his poll.
The Gentlemen of the jury had probably heard of
the wonderful cure performed a few years ago
upon an illuftrious nobleman who had been long
afflicted with, filch an irritability of nerves, that
he was a Munger to repofe. His Lordllip was
attended by the molt eminent of the faculty, and

r every medicine was peefcribid which' EMU.
degree tend to remove his ina)ady. All, however;
was in vain, amthe dailji Wafted away in the molt
alarming miner: At hat a friend adviCed him foi
one niichc to de the duty of the. parith Watchman;
His Lordllip was a good deal (tattled at tbe pro;
pofal ; but to gratify the Willies of his family, hi
contented to make the experiinent: He was now
told that this Was not a mere frolic, .but that hi
mpft proud the property of die inhabiiants againd
depredation, and watch the parilh bona lat. Ha
allured every body that he &mild be on he ales
the whole night, and that the doors and windowa
within his walk might be &fel), left unlocked and
unbarred. He put on his great coat, hung hit,
rattle by his fide, took a bludgeon in ohe hand,
and a lanthorn in the other, was introduced With
great ceremony to his brotbir watchmen by tbd
conllable, and then began his rounds. But, alas
upon entering his box, after calling twelve o'clock;
his Lordlhip dropped aileep, and next morning at
eight he was found (till under the dominion of
Morpheus.
It appeared that the Plaintiff had Curtained the
injury he complained of, but both Judge and Jury
were of opinion that therefponfibility of the ligh-
terman ceifes as loon as the bare was mbored
oppofite the wharf.—Verdict for the Defendant.—
The fame point was decided in the time of Loid
Mansfield in the cafe of Vandyke and Wood.

MGM V. 11.11 TO.
This was an Anion brought od a Foreign Bill
of Exchange for 6271. by the Indorfee againa the
Indorfer.

The Leading Counfel for the Plaintiff obferved,
that the uncertainty of the Law had been a topid
of inveaive at all times, but the Law was more
abufed than it ought to be, becaufe there were
many things in it perfealy certain ; and the Plain.
tiff's demand would furnith a very good illuflra.
tion of it. The only defence in this cafe was, that
the Plaintiff ought to have fent this Bill for ac.
ceptance the moment it came into his hands, which
he had not done. No fuch thing wasrequired by
the Law.

TMs Bill, the names that were upon it,?nd the
proteft for non-acceptance being proved,
Mr. Glass, for the Defendant, obferved, that if
this Bill, which was drawn in Ireland, on the houfe
of Gorman, in London, had been fent over earlier
by the Plaintiff, it would certainly have been at,
cepted and paid. Mr. Gorman refuted to accept
it, on account of the failure of a Houfe that was
connected with it.; but he did not, however, mean
to fay, though that was the effed of having rent
over this Bill fo late, that the Plaintiff was under
any obligation to fend it fooner. His defence was,
that upon the Houfe of Gorman refufing to ac-
cept it, the holders had not given notice of that
eircumflance in due time to the people in Ireland.
After the Counfel had Elated the dates, he intillecl
they ought to have written to Ireland one day
earlier than they did.
Lotd KENYON faid, the only quellion here was,
whether the Plaintiff bad ufed all due diligencst—
That quellion he fubmitted to the Gentlemen of
the jury ; who found a verdiO for the Plaintiff fog'
6271.
• The queflion being afked, whether this was
bight!' or Irifh money ? Mr. Barnwell, one of the
Gentlemen of the Jury, obferved that it was Eng.
lilh money. AU Bills drawn in Ireland upon.
England were to be confidered as Englith money
on the contrary, all Bills *drawn in England so
Ireland, were deemed Irilh money.

A fdm not lefs than 30001. in 06014 Isitsiond
weekly from this cnuatry to the coal of Rolland,
for three months pia, for the purchefeof I:striete.
only.

Mifs ink•NNOT, tte Little Pricer; in the Ballet
of the Prize, has excited the allonithment of every
beholder—fuch Grace and Aetion in an Infitnt of
only Five Years of Age has feldorn been witnelfed.
Lauasur, (hints a meteor of furprizing talents in
the Pantomime of the Fairy ; which that of Ail
in Boots, withdrawn from the Royal Amplai.
theatre on Saturday la% precluded him from ap.
pearing to that advantage,which his great ablities
thould always be theism to.

The Capital Prizes, in the prefent Iriffi Lottery,
are Two of so,oool. Two of zo,oool. Three of
soool. Two of soool. Five of wool. Three of.
cool. ; and &miler Prizes to the amount of
64.,gool.—either of them are attainable for the
fmall rilk of only Eight Guineas, and which have
been repeatedly experienced by the public purchal:
ing their Tickets_and %hares at Mr. Nicuotseu's
No. 16, Cornhill. N. B. Prises paid on demand.
—Note, the Drawing begins on Monday text; an
Exprefs, with an account thereof, will daily arrive
at the above Office.

The Rev. Dr. Ri von, of Grange Road, South.
wark, London, June t, tEtot, favoured B.D.Pea-
aims, of Leiceiler-fquare, the Patentee of the Ms.
tallic Traaors, with fome important obfervationt
on thofe inilruments, addreffed to Dr R. by_ the:
Rev. J. SNUTTLSIVORTH, of Cowling Hill, Port.
(hire.—Among the Cites cited it the following of
a Burn
A Child had the inisfort one to barn his hold fo (evenly
that tie part v.:betted : sypiled the Traders; and, in a very
little time, both the Blatt and Inliammados &appeared ; and
when I left the place the child's hand WY joke well." Aker
Bating the fingabr relief gives to Ms owe daughter by de
Traders, which rook off the inflammation ofe fevere Affedion,
Get/firmed by Prof, three years before; and the relief of the
wrlit of a perfon who bed been Allard feverft years, and
weld derive no benefit, from the firft medical affiftance, Mr. L.
cowhides by apriling his high opinion of the merits of the
Tradom
Olt the zit of April wee publilbed, by the Patentee, an esdre
an, Work. entitled N Cala of fnecefsfal Predict with Pat-
ents's PAT t NT Mt IC TaAcroasocceived finer January
1100, the date attic former pubilcadonake." price is. Sold by
J. Jolt:Arm, Bt. Paul's Church-yard, Londrm.--Of the Patentee it
Isegleslid gratis, by all who have purchafed eke Trade...
CUM of hoot. Rheunisritm, Heed-eck. Tooth-sets
*skis, Bruges, and aft analogous Dilates of Harks which are
petaillied, are itionmavable.
Tie Traders, ko aecefary in every Family. sod among
Hodes, mey be had, genuine, with new sod impromd direc-
tions fer yin theft. Ow Five Oehler the Set, of B. D. Pea.
es s. A. M. the Tatestes. he Leiee ec; vod ol
theddi. Chosilt sod Druggia. is ski %artet, Lomita.
The pertsMs moire of il,: Triflers sesdersthdr conveys=
Coed, at ma by PA, perfedly aragesilat. Letter'
Sag theft mew= (ioLt-psiit) 4E4 amid Ob.
_ _

• !". •

• .•

•. ~