Star. — London, England, 1822-08-23 00:00:00

111 E PLAID OF TUE NORTH. Litt ikc the harp of the North for the Plaid of the Highlands, Till 11-duty dtid Valour shall honour the grain; St tike it op ! till its glory resound o'er ,the Islands, Where bosoms of rapture shall praise it again! Let the Lowlands exult in their dvlliz'd story, And boast their apparel—too tame to be free ! But let mine he the mountain, romantic in glory— Thc Plaid of the North is the mantle for me ! 'Tit the robs: of all hues in variety blending, An embLin of friendship, fidelity, worth ; But its charm is best seen when divinely descending (Yer Beauty's fond bosom—the pride of the North! • I have witnesAl the brave of all nations before me, Yet Mt nu motion—their vesture was art ; But the llighlander row—and his spirit came o'er me, While Nature's wild taanth entaptur'd my heart ! lisavc witness'd the Fair, rob'd in fanciful splendour, And mus'd on their charms, though I could not approve; But when beauty shone forth in the Plaid—l grew tender, worshipp'd the image that taught me to love ! 'Tis the garment for beauty--adorn'd while adorning, The mantle for valour is Caledon's Plaid; But when loveliness smiles in its hues—'tis the morning, With the rainbow of glory thrown over her head! TITHE MEETING. ~~~y I~ 1` i. i"r i. ~l~~'' ' i r Ir •!. #ll • r IS )11 ; 1 1 ~'~•+ ~ ~: i~: ~~ !; ~~ 1 i ; 'T Yesterday, a Meeting of the Freeholders, Lease- holders, and other owners of property within the Lon don Liberty of St. Andrew's, Holborn, was held in the Church, for the purpose of considering the pro priety of co-operating with the inhabitants in general in defending a suit instituted by the Rev. Gilbert BereslOrd, the Rector, in the Court of Exchequer, for the recovery of a tithe of 2s. 9d. in the pound, on the rack rental of the inhabitants. The Meeting was nu merously and respectably attended. 'Wm. BOYER, Esq. Churchwarden, was called to the Chair. Mr. SAUNDERS, the Solicitor for the Parish, at the desire of the Chairman, read a Resolution of the in li.thitants of the London Liberty of the Parish, re quiring the Tithe Committee co call for the signatures of Householders, Freeholders, and other persons pos sessing property within the Liberty, to a declaration for defending the suit instituted by the Rector. The CHAIRNIAN, on the above Resolution being tead, sho: tly stated the object of the Meeting. The inhabitants, he said, had amply discussed the claim made by the Rector, and after giving the subject the fullest consideration, had determined to defend them selves against it: and the present Meeting was called to give the Freeholders, and other non-resident persons who were interested in resisting the claim, an oppor tunity of understanding the question, and contributing to the defence of their property. Mr. JOHN BEECHAM said, the freeholders were highly interested in the event, as, if the claim set up by the Rector were established, it would amount to a seizure of one-seventh part of their property on the expiration of the present leases. He was confident the spirit of the inhabitants would never relax, and that by union and perseverance in a good cause, they would finally triumph. Mr. Beecham concluded by moving a Resolution, expressing the approbation of• the Meeting of the exertions made by the inhabitants in resisting the claim of the Rector, which was car ried unani mousl y. Mr. JASPER TAYLOR moved the second Resolution, " That the freeholders and other owners of property felt themselves bound to assist the inhabitants," which was also ca; ried unanimously. Mr. litcn AIM TAYLOR moved a vote of censure en the Rectcr, for endeavouring to set aside the exist ing mode of payment, for the purpose of exacting an exorbitant income. He said the Rector's present in come amounted to 1,4001. a-year, besides a good Louse. It was true he paid Curates out of it, but that was for his own ease, and to enable him to live in the country, where he had one or more valuable livings also. The parish shewed every willingness to enter into negotiation with. him on any fair claim lic.might make for an advance, but he preferred go ing to law. It was known that in three parishes of which he had the tithes, he had taken steps to increase their amount : his pretence was, that he wanted an increased income to enable him to defend the Church against unbelievers. The Bishop also seemed anxious , to screw up the livings of the Clergy as high as pos sible, while it appeared from a recent publication, that the Clergy of the Church of England received more wealth than all the ocher Clergy in the world. Mr. SouTitoATE seconded the motion, which was carried unanimously. Mr. NASII exhorted the inhabitants to persevere, both for their own sakes and that of others, as there appeared to be a spirit abroad amongst the Clergy which made them consider a disinterested Christian Pastor as an enemy. Mr. FEARON said Parliament were disposed to make some relaxation of taxation, but the Clergy ap peared determined to prevent its beneficial. effects. Their cry was, that the Church was in danger from i Freethinkers and Radicals, but the real danger was from the rapacity of the Clergy. In the year 1634, the London Clergy addressed Charles the First, com plaining of the smallness of their livings, many of which they said did not amount to more than £4O a year—a proof that they did not consider they had any claim to 2s. 9d. in the pound, or they would have enforced it. At the time it was said that the 2s. 9d. in the pound was granted, the Clergy were bound to repair the Church, and support the poor ; if they will do so now, the parishioners will not object to the payment of the tithe demanded. Mr. CONIPEIGNE moved that a subscription should be immediately entered into by the Freeholders and other owners of pi operty in the parish, to unite with the inhabitants in defending the suit. The motion was carried by acclamation. _ _ _ Thanks were voted to the Chairman, after which the Meeting separated. ton was held yesterday evening at the ,rker-street, Drury-lane, before T. STlauna, the body of Junes kliddleton, a child, aged who cane to his death in consequenee or drink- w..ter out of the spout of a tea-kettle. It ap. idenee, that when the tea was over, the child went , and finding a kettle, drank from it; the screams night up the mother, who immediately took It it •all his endeavours proved unavailins....Ver ,ceidental Death." , I An Inquisitio King's Arms, Esq. Coroner, on eighteen months, a • 4 • ing some boiling a peared in evidence , • • , • I to the fire-place, a • 9 of the cb:ld broo; to the doctor, but dot Accidenta • SOMMER ASSIZE& • BRISTOL, AUGUST to. RANKIN D. ACRAMAN AND OTHER& This was an action for a neisanas. The plaintifc' is a timber-merchant, carrying on business in Bristol ; the defendants are great anchor-smiths, having con tiguous premises in the same city ; and the com plaint was, that Messrs. Acramans had of late much extended their manufacturing operations, erecting new furnaces, forges, and engines, whereby so mach soot and smoke was driven into the deal-yard of Mr. Ran kin, that his goods were injured, and his repository rendered untenable. It appeared from the evidence in support of the case, that the inconvenience sustained by Mr. Rankin .was considerable. Nearly five and thirty flues ran from the manufactory of the defendants, which co vered the timbers of the plaintiff with grit and soot to such a degree as diminished their saleable valve. Mr. Serjeant PELL 'relied, for Messrs. Acramans, the defendants, upon shewing that the priority of oc cupation was in them; and that the plaintiff had taken his premises subject to a very material propor tion of the inconvenience he now complained of. Justice BURROUGH, when the cause had occupied some time, suggested the advantage to both parties, of a reference. It was well known that these chlmnies could be made to consume their own smoke. He (the Learned Judge) recollected a late case at DOrchester, of a tallow manufactory, a most intolerable annoy ance, the nuisance of which had, by proper arrange ments, been completely abated. Mr. Serjeant PELL said, that the plaintiff was only a lessee for ten years; and the lessor (who refused to join in the reference) might bring another 4ittictii. Mr. Justice BURROUGH.—But why should he bring an action if the mischief is got rid of ? Mr. Serjeant PELL.—That, your Lordship knows, will be matter of opinion. If we have an ounce of ' smoke left, he may call it a nuisance. Mr. Justice Btianotion.—He will hardly bring an action without some probable cause. At this time of day, when philosophic improvement has been carried so far, and is so generally understood, it is very bad judgment to bring these actions into Court. Mr. Serjeant PELL said, that he would make the plaintiff an offer. The defendants were willing to take his yard off his hands, at any rent which a Lair ap praiser might put upon it. Mr. Justice BURROUGH thought the proposal ex tremely reasonable ; but terms could not be agreed upon, and the cause proceeded. Mr. Serjeant PELL then addressed the Jury on the part of the defendants, and contended that, of the increase in their works, the plaintiff had no right to complain. He would admit that the nuisance to Mr. Rankin was considerable, and he would even admit that it proceeded from the new erections of Messrs. Acramans; and even then, upon those ad missions, he should satisfy the Jury that Mr. Rankin I was out of Court. There was a late dictum of Mr. Justice Dallas, upon a case in the Court of Common Pleas, which was applicable at all points to the case before the Jury. The case was this :—A Gentleman coming to live near a vitriol-manufacturer, the latter soon after enlarged his works and premises, and thereby greatly annoyed the former— in fact, made his house almost uninhabitable. Mr. Justice Dallas said—" Here is an old established manufactory; and the plaintiff having come to it has no right to com plain of its increase. If such a right could be once established, traders might be precluded from ad vancing themselves in their several callings; a man coming to live near a blacksmith who worked one forge, might afterwards say to that blacksmith, you shall not work two.' He submitted (Mr. Serjeant Pell contended), that no mercantile Jury would sus tain that monstrous proposition which had been quashed by Mr. Justice Dallas. He who had a right to carry on his business, had certainly a right,:at his pleasure, to extend it. It stood upon the evidence that Messrs. Acramans, the defendants, had been en gaged in the anchor trade before the plaintiff had ap proached their premises. The defendants had made •every overture towards amicable arrangement; but if the question was to be legally decided, they were certainly entitled to a verdict. The Learned Serjeant was on the point of sitting down at the conclusion of his address, when the plain tiff agreed to refer all matters in difference. Mr. Justice BURROUGH commended the determina tion.--A Juror was then withdrawn by consent, Messrs. Acramans being to take Mr. Rankin's premises. AUGUST 21. GARDNER AND OTHERS, ASSIGNEES OF JARMAN, V, T. AND J. SLACK. This was an action for recovery of title deeds de tained.by the defendants, and alleged to be the pro perty of the plaintiffs. The question arose out of the bankruptcy, of Mr. Thomas Jarman, of Bristol, who, previous to his be coming insolvent in the year 1820, borrowed £6OOO of Messrs. Slack and Co. granting for that advance an annuity of £660, and depositing the deeds in dis pute as security with the defendants. It appeared that the estates upon which the annuity was secured, had a previous tent charge upon them of 1201. per annum ; the annuity granted by Jarman to Messrs. Slack was not duly registered according to the Act of Parliament ; and the assignees (the. present plaintiffs) contending that the annuity, for default of due registry, was void and not recoverable, demanded that the defend ants should deliver up the title deeds of the property. Mr. Serjeant PELL, for the plaintiffs, relied upon the Act, the .53d of the late King, which provides for the enrolment of all annuities, except annuities granted upon freehold, copyhold, or customary lands; such lands being of equal or greater annual value, than the annuity payable over and above any other annuity, or interest of principal sum charged thereon, of which the granter has notice at the time of the grant. The Learned Serjeant submitted that, to bring themselves within the exception of the Statute, it would lie upon the defendants to spew that the pro : perty in question was worth £660 per annum, over and above the £l2O rent charge ; lie confessed the apparent hardship of the case, but it was merely a struggle between creditors where a heavy loss should fall ; and the defendants, if they had been careless, must take the consequence of their negligence. The deed, unregistered, was put in and proved.— There were one or two other points in the case con nected with the validity of Jarman's commission of ; bankruptcy ; but they were merely questions of fact, of pubic interest, and. into *ay affecting the '•they -would be inclined to giv . ,,t4 benefit of it t 9 the legal question. .' . . defendants, and they might fairly do so. If the Jury 'lllr. , Avitse, for the defendants (after touching the thought the property worth £6OO a year, their, upon pointof the bankruptcy), rested his case as to the an- his, construction of the Act, the_defendant. jught to nutty, upon.severcl grounds.. First, be was prepared have a verdict. If the Jury thought the_ p ro p erty to prove that the omission of the enrolment had been worth mare, they would say so u aall how. mu c h mores. altogetlterowiug to the contrivance of Jarman ; Jar- because that fact might be important in case his hold. man havingyhy assurances as to the value of the pro- ; ing as to the effect of the rent charge should be ov er , perty, and requests upon the score of his persunal !thrown. If the Jury .thought the property wort h convenience, induced the defendants to forego that ; £7BO a year, then Messrs. Slack must have a ve r di ct precaution. If Jarman, then; had acted . fraudulentlylunconditionally ;if they thought it worth £660, t h ee by the defendants, he could not come into Court to the verdict would be the same way, but subject to take advantage of his own wrong ; and the assignees reference upon the point of law as to the rent charge. (the plaintiffs). as they claimed under Jarman, could Let the Jury find the stalue of the property, an d h e not stand in a better situation than Jarman would (the Learned Judge) would put the verdict into shape have stood in himself. Supposing that the Learned The Jury, after retiring for half an hour, found Judge should be against Messrs. Slack, upon that that the value of the propel ty was £6BO per annum, first point, Mr. Adam intended, in the second place, and established the validity of Jarman's condition.—.l to submit that he was only bound, at all events, to The question, therefore, whether the rent charge shew the premises worth £660 per annum, the amount £l2O be such a prior incumbt ance as the Act of Par, of the annuity ; because the Act of Parliament, in liament contemplates, will come on next Term fa adverting to prior charges, used the words 44 over and argument in the Court of king's Bench. above any former annuity or interest of principal sum advanced ;" the rent charge existing upon the estate in question could not conic under the terms . 4 in terest and principle," or 4 . annuity." if both the above former points should be given against him, he was prepared (Mr. Adam contrnued) by evidence to shew that the property was well worth 1:663 per an num, over and above the £1 20 of rent charge. The Jury would not be too strict in their calculation of value, nor stick upon a nice point of differen , :elo", tween the opinions of surveyors. The Jfiry would remember that the action WAS of a most oppressive and inequitable characer ; that the defendants, who were admitted to have fully paid their money, were now to be robbed of their just t iirht by a flaw in their legal title. If the Jury thought that the property was proved to be worth, upon a liberal construction, the amount which secured Messrs. Slack, they would pre vent the plaintiffs, who had received the I:6000, from getting their money, and their money's worth into the bargain ; and in that case they would support the law, as well as consult the interests of justice, by find ing theitverditt for the defendants. It was proved by the attorney who had conducted the purchase of the annuity for the- defendants, that Mr. Jarman had represented the estates in question as worth more than £BOO a year. He had particularly desired that no enrolment should take place, as the annuity would speedily. be redeemed, and he did, on his own account, not wish the grant to be made public. Mr. Serjeant PELL objected to Mr. Jarman's ac count as being any evidence to shew the value of the propert Ir. Justice BußßouGli decided to receive the evi dence, and to take a note of the objection. Witnesses were then called by the defendants to shew the value of the property. They differed some thing in the respective estimates they put upon it. They spoke to the probable value in the year 1815, the time at which the transaction had taken place and gave an average valuation of from 7801. to 8 0 0 1 . per annum. Mr. Justice flunaotron, before the evidence for the defence was concluded, expressed his opinidn very strongly that the case of Messrs. Slack was made out. It was not a slight difference in the opinions of sur veyors that would be sufficient to overthrow the right of those Gentlemen. The transaction had, no doubt, been a bona fide one. The case was extremely hard. Unless the plaintiffs could call witnesses most ma terially to vary the else as it stood upon the present evidence, the defendants were entitled to a verdict. At the. late Norwich County Sessions, Msnstt A x EtwiN, Esq. who took the. Chair in consequence of the indispositicin of Lord SUFFIELD, at the instance, it is believed, of that Nobleman, recommended that the Gentlemen of the county should purchase malt on a large scale, at the then existing low price, z , id retail it out, at a trifling loss to themselves, to their labourers—the same proposition had beer, made by Mr. CRISP BROWu to the farmers. His Lord , .hip has been trying the expeii-nent with success amongst his labourers, whose nunibei-s have fluctuated according to circumstances from 80 to 140. We are informed that the Overseers of the Poor in the parish of Ludgven, Cornwall, lately put up to auction the labour of such persons as could not obtain work, and had, in consequence, applied fur relief. The demand for this species of labour was not great, and the tight of einploying these unfor tunate persons was obtained at the rate of from two pence to four-pence a day for each. If it were not for the Poor Laws, these unhappy beings would be teduced to a state equal to that of the people in Ile land, who have been starving amidst abundance! The - Committee for improving a road in the Isle of Man, after due deliberation, had the fol!owin, stuck up: "Whereas the bri ige of Kirk 13! ad beinz pulled down BEFORE it is built, all persons ti4at way to Peel shall take the other road !" Mr. Serjeant PELL assured the Learned Judge that he could vary the facts most mate: Tally. He would reduce the estimate of the defendants' witnesses nearly three hundred a year. There was the rent charge of 1201. per annum to be made up, too, over and above the annuity. Mr. Justice Buanoucn thought otherwise. It , would be a point eventually for the Court above: but he thought that the rent charge did not come within the meaning of the Act. Witnesses were then called to rebut the defendant's case ; and their evidence reduced the annual value of the property to 5601. or 6001. Mr. Justice BURROVGII thought that upon such evidence, it was too much to press such a case. The low valuation of the plaintiffs came to 6001. a year. Here was a bona; fide transaction ; no fraud except the imposition of Jarman himself. It was impossible to have precise evidence of the value, and the proof ceming so near for the defendants was sufficient. Mr. Serjeant PELL said, that if Mr. Adam insisted on having made out his value, including the 120/. per annum, more witnesses must be called for the plaintiffs. If Mr. Adam was content to take the an nuity merely as covered by the evidence, leaving the question of the 1201. rent charge to. the Cour t above, 'the case should be left where it stood. Mr. Justice BU-RROUGH said that he should cer tainly exclude the effect of the rent charge in his di rection to the Jury. He really thought the case I ought not to be persisted in: it was against all con science and good feeling. Mr. ADAM could not consent, with such a case as he had made out, and with the opinion of the learned Judge in his favour, to give up the question as to the rent charge. More witnesses were then called on. the part of the plaintiffs, but their evidence was not material. Mr. ADAM thought it unnecessary for him to oc cupy the Court by speaking to evidence. Mr. Serjeant PELL, in reply, defended the right of Mr. Jarman's creditors to bring this action, and took the point of the bankruptcy, at least, to be made out. He requested the Jury merely. to declare what they thought, upon she evidence, was the value of the property. The question as to the deduction of the rent charge would be elsewhere arranged. Mr. Justice BURROUGII, in the first place, left the ,validity of Jarman's commission to the Jury. The question whether the annuity was good or bad was a point entirely distinct from the matter of bankrupay. The annuity, however, granted was 1:660, arid the answer to the plea of its not being registered was, that it had been granted upol, estates, the value of which took it out of the Act of Parliament : the rent charge, as he thought, did not come within the terms (as to prior incumbrance) of the Act ; the ACt speke, distinctly to " comer annuity, or mortgage." The question upon his holding, then, would come to this, were the estates worth £660 a year, or not? The Jury would not find against the facts proved in evi-. deuce,' but, if there was kt doubt upon the evidence, As Mr. COOPER, a medical gentleman, was passing along Windmill. street, Haymarket, about eight o'clock yesterday everting, he perceived a small child fail from a second floor window on its back close to his feet, and immediately turn on its face; it never cried, nor shewed any symptoms of injury. Mr. Coonza, on examining the child, declared that it had ie,eived no hurt—a fact which, extraordinary as it ii,ay was fully confirmed by the subsequent examination of another practitioner. • The Coquille corvette, commanded - by M. Du. PERREY, Lieutenant de Vaisseau, the fisting c-:: of which has occupied some months at Toulon, s. - ;.1e3 from that port on the llth of the present mont.;•. S'.:e is about to undertake a voyage, from which results interesting CO the progress of geography and physical science may be expected. The Coquille will firs: s:.:l for the Cape of G . nod Hope. She s, ill afterwaras proceed to the Great Archipelago of Asia, se: c:al parts of which she will explore. She will alto viol: the points of the western coast of New I l llau,l, viLlich wet e ob , :erved towards the end of the last and the commencement of the present, by hear-Ad miral ENTRECA4::TE 'WY and Captain B.ixtnts; ; an f after putting into same of the islands of the Pacific Ocean, discovered by COOK and llot7cial:trici.r, the still return to France by dotthliiig Cape T. M. DUPERREY is to avail hiinseli of all the circumstances which • tkis long voae,e may present, to make different observations re.eLive !lie confi guration of the globe, the inclination v.f the ticedie, Ste. . Several Members of the Academy of Sciences and the Office of Longitude .have mandestei their zeal in communicating to him instructions far that purpose. No means which could prepare the success of this expedition have.been neglected. The corvette has been fitted out with particular care. The crew consists of picked seamen. Letters of recommenda tion- are furnished to the Commanders of such Ica eiga establishments as the Coquille may visit. Finally, the zeal of all the superior Officets affords reason to hope that the mission intrusted to them will be exe cuted in the most satisfactory manner. WORSIIIr-STREET.—The Reveretti William Eyre was yesterday brought up for final examination, when G. It.. Mrsisnuat., F.sq. the Bow-street Magistrate, arrived, bring also a Magistrate far the County of Buckingham. The whole of the evidence tai.en 'on a former day was read, and all the witnesses, except Johanna Quinlan, the little girl, confirmed their testimony. The little girl was then examined de proni ; and her evidence, with sonic variation from her formsr testimony, went to prove the crime alleged against the prisoner. She cried very much. After some discussion between Mr. Waits and Mr. .Ix.r.nr, as to whether the offence was capital, under the Statute of Elizabeth, or only a misdemeanour at Common Law, Mr. MINSHO! reqUeStel Mr. Wilks to withdraw with the Representatives of the ParE:, and cons:der whether it was their intention to indict for the capi tal offence, or for the misdemeanour. Mr. Waxes then retired with the Churchwardens and Overseers of the Parish, and soon afterwards iaturned, stating their determination to indict fur the capital offence. The prisoner then shed tears, and declared his innocence. Mr. ALLEY then suggested that it might be conve nient for the prisoner to remain committed to prison in Mid :Ili-- sex, as it might be advisable to produce the depositions before a Judge, fur thepnrposti.of bail. This, after some delibei•-zici, was agreed to, and th e prisoner was sent to Newgate. (4,I;KEN-SQUARE.—Sartdi Featherston!, a pretty young w•i7: 1 1 was charged with stabbing John Allen. Allen, who ssa'. '• tied to the llospitaLbeing unable to attend, and the w.on:dco.- siderctl dangerous, the prisoner was remanded. She said :'ley were at an oyster-house, and she bad the knife in her ban.' 14i , , a the quarrel arose, and he war snore to blame than she was. MUTH. Oa thr nth itictart, at TLti,,nt Nlanur Mum., \\', t,, the LaSi rf Johu-Thornas Mayne, of a daughter. AIARRTED. Wednesday, ac St 'George's, Hanover.squarc. Captain Joao litasiell, of .the Royal Nary, son of Lord Wali.on Russ:ll, to Bliss Cousimaker, nittGe to Lord sle Clifford. • ilitit.nr I. Dublin 1 0 WAterturd 1 1 Giwiti-ey And Jertey . 1 0 Ne w Yurk 0 0 I.istioo• , 0 0 kiulland 1 0 i MAILS. France %It 'l ll4, 0 I Lemburgh 1 0 I:l4thlt-ra . Brazil Jamaica 1 0 Gattenburgh 0 0 0 0 0 1 HAG H.W TEiticlsON DON Intl lit; K 711-141()It NM% . - 25 •mtitites steer 6. Aftcrticon .7 .7 47 miutiNs alza d. LONDON and puhli.hr..l by I.trin. rtzlictt.7 lkc 1 saip gAI• 1 • 7 s. N a I as Po wi