Star. — London, England, 1803-01-29 00:00:00

AMERICAN PAPERS. Yellerday we received the Bohn Papers of the 25th ult. Accounts from New Orleans of as late a date as the 29th of 08ober, mention, that the Intendant had not relaxed his arbitrary meafures refpeaing American produce, &c. The New England Palladium, of Dec. 24, contains the following article Information has been received at Philadelphia, from Cape Francois, to Nov. 17. The main force cf the Blacks were en. camped within twelve miles of the Cape, the inha. bitants of which place were in conftant dread of a defperate attack: a want of ammunition on the part of the Negroes, alone delayed the a (fault, and a fupply was expes!ted from Port Republican. The French ,force at the Cape was ahnut 2000 men, and their enemies in the vicinity lo,cco men strong. It is difficult to decide whether the French or the Negroes are the moll cruel. St. Mark's had capitulated with the Negroes, whole final fuc eels is almoft certain. Americans are allowed to depart with their property." A letter in the Columbian Centinel, of Dec. 15, under the head of French Weft Indies, dated•Port au-Prince, Nov. 5, Rates the following particu lars :—" A great change has taken place in the affairs of this tfland, fince we laft wrote you. You have, no doubt, been informed of the revolt of DESSALINES, CHRISTOPHE, and CLARVEAU. It is reported that General•Dvova, Chief of the Staff Department, was concerned in this bulinefs, but he died fuddenly a few days finre at the Cape.— He is fuppofecl to have been peifoned. The Bri gands are daily in fight, (till we do not apprehend any immediate danger, as the moll aftive mea fures have been taken by General ROCHAMBEAU to preferve the town againft any attack from with out. A [trio watch is alto kept within. We have been informed an attack was made on the Cape on the 14th. ult. by General C , commanding the Blacks, but the National Guard defeated them. On the _d init. an attack was made by the Bri gands on St. Marc, and they were again defeated by the National Guard." From the Bolton Paper, of Dec. to, we have the following diftreffing intelligence from Port Republicain Capt. WADICIRY, of the brig William Pitt, arrived at New York on the tit inftant ; fpoke the fchooner Fame, from Port Re publicain, out 14 days ; the Captain of which af- Aired him that the Negroes had liseceeded in taking Port Republicain by form, and had pat all the white men, women, and children, to the (word." CROWN LANDS. We this dap prefent our readers with an abflrah of the fecond Report of the Surveyor-General of the Land-Revenues of the Crown. It will be re. collehed, that the Crown Lands formed, at one time,the only regularincome of the Crown; and that it was only in times of extraordinary emergency, that fame impoßs of the nature of the taxes of the relent day, were demanded in aid of that income. In the courfe of time, however, the revenue of the Crown Lands was fo much reduced by grants to favourites, that it became totally inadequate to the maintenance of the Royal Dignity,and hence origi nated the neceifity of permanent taxes. The rem. nant of lands in the poffeffion of the Crown was, however, confiderable, though, for a long time, eoupted for nothing in the revenues of the Crown, when they firfl became an object of Parliamentary care in the reign of Qsteen ANNE. Some ufeful re gulations were then adapted, which, however, were not fufficiently precile in the letter, nor fufticiently enforced to obtain the propofed benefit of deriving fuch an income by fair means of increale from the Crown Lands, as would give fuch aid to the Civil Lift, as would relievethe fubjed from a great part of the burthens attached to that fervice. The pro 'Mons of the Aft of Queen Awes being thus in adequate and impeded:try enforced, the Mt of the 34th of Gao. 111. was palled, and the report from which the following abftraft is made is the fecond formed upon that Aft. In confequenee of the regu lations of the AEI of Gao. 111. various improve ments have taken place in every branch of this re venue, which, from the introduhion of a better ma nagement in every Tepee, is now made to yield a call increafe of income. In the firft clafs of eftates comprifed in the report, lands of which leafes had before been granted, the rents received by former hares amounted only to 4781 41. 83d. whereas the rents now referved, amount to 27331. 9s. 3d. with a proportionable increale in fines. In the fecond dafs, lands of which leafes were not granted before the rent is 9131. 1 as. 6J. The increafe in rent by leafes of both claffes is 32331. and the increafe of fines 30321. xs. td. There are &Imo fume stifling grants in perpetuity, and Tome (ales for a full con- Ederation in money, the price of which has been veiled in the 3 per cents. A number oft ew leafes have been agreed for, in which the increale of rent is 73431. cinch an addition of Soot!. tos. 4d. in fines. Other leafes have been propofed, affording ' an advance in rent of near 70001. and the advance in fines, near 7,3001. The fum derived from the (ale of fee farm rents, •and laid out in the purchafe of flock by the late •Commiftioners of the Land Revenue, altiounts to 8,101. tos. ad. in 3 per cent. Confols, sshich b 7 the additions in eonfequence of the late falcs, is mow carried to 123,4431. 145. 3d. The films arifing from the I'ale of the lands dif poled of were intended to be applied to the redemp won of the land tax of the lands not f ad, but the vtillance and irregularity of the termination of the Leafes of thole lands has retarded the execution of :his plan for fume time. A rely lai,;te lam has arifen from the (ale of roi al manor ial rights, royal manors, (mall difperkst parcels of land, tithes, filberies, ferries, and wales, amounting to 74.1581. in. 7d. which has bzen laid out in the par ::cafe of t x ,,6661. (is. 9d. 3 per Con. ape:, af 'ording a dividend 01 3,3 col. cs. id.inficad of soil. t • a. cd. annual rent, and 54991. ss. 4 d. in fines on renewal of the . . . His Mtieily's property in the moor i.IR cLains in le Thanes, let on lease to I.e7d Gwyorit for fla t iutith r f aie profit:, is 111 U among the pa:ts of the 'and revenue roll The pureltaft money given by the London Dock Company, together with an ad ti,,nal film derived from the tale of tome private chains, amounting to 73,0221. t 2s. 9d. with which has been purchafed 124,5931. 35. 4d. the annual dividend on which is 3,7371. 15x. I id. whereas the average net produce of the chains in the lail t 8 years, was about 20001. and the refervcd eighth parr only 2731. 175. gd. The monies arifing from the Isles of lands, amounting to 74,1581. tBs. 7d. and from the ap props iation of the mooring chains, amounting to 73,C221. 125. 9d. making together 147,1811. 1 is. 4J. having been paid into the Bank of England to one account, entitled, " The Account of the Com miffioners of his Majelly's Treafury," and the fums of flock purchafed therewi:h, viz. 111,6661. :65. gd. and 124,5931. 3s. 4d. as before Dated, making together 236,2601.05. id. having been tranf ferred to an account under the fame title, are not didinguifhed in the accounts tranfmitted to me from the Bank of England, and inferted in the Appendix. From this Rock the hum of 16,1221. ss. 7,1. hav ing been transferred to the Commiiiimiers for the Rednaion of the National Debt, as the confidera tion for the redemption of thofe parts of the Land Tax charged upon the Land Revenue which have been already redeemed, the amount of Three per Cent. Confolidated Bank Annuities, now (landing in the names of the CommifTioners of his Majelly's Treafury is 220,1371. 9s. 4d. and the annual divi dend thereon 66041. 2s. id. The total increafe in the Land Revenues, by thofe means, amounts to 24,4381. 25. gd. a year. The principal improvement Dated in the fchedules is on the funk ifland in the Humber, the hiflory of which is extremely curious. It was formed by the accumulation of mud, &c. and contintsed increa fing till in 1669, it was of fufhcient magnitude to be demanded as a grant by ANTHONY G YLBY, Efq. to whom a grant was made for an annual rent of 51. to commence from the embankment of the firft too acres. Little progrcfs was made till a new leafe was made, in the courfe of which the eflate devolved to Wm. GYLBY, by whofe exertions 1,560 acres were embanked and divided into farms, by the year 1744. In 1755, a third leafe was made to MARGARETCYLNY, which expired tsthMarchlaß, rent tool. 6ne t,5501. The Reprefentatives of the family of Gs.cav have now agreed to e x pencllo,6ool. on a new leafe within three years, and to pay a rent of 1041. as. Bd. in the firli year, 20901. for the fe cond year, and 31901. for the remainder of a term of 31 years. The lefTees have already expended 20,0001. and :835 acres have been added to the lands already reclaimed, the whole fecured by em bankment. By the fyftem at prefent adopted for the manage ment of the crown lands, it is intended to take no fines,except on lands let for building, in which cafe a fmall fine is thought a neceffary fecurity. The moil advifcable of the new improvements in the management of land, are impofed on the tenants of the crown in the way of covenant as new leafes, and where any improvements are made on old leafes, a reafonable extenfion of intereft is allowed in indemnification. This is particularly the cafe on the crown lands within the City of London, where every inducement has been held out to the royal tenants to wake improvements. In moil cafes within the precinas of London, the improv ed rents from the ground of the areas, would ex ceed the rents now derived from the exiling fu perftruCture. From this fyftem of management there appears jun reafon to conclude, that there will at length refult fuch advantages as will tend very much to effea the benefit propofed by the various ads re lating to this fub;ea, the reduaion of the burthen of the Civil Lill Revenue upon the fubjea. We have already obferved, that the advantages which the fubjea had a right to expea from the fair management of the Crown Lands were re tarded and diminilbed by the hardfhip which the tenants of the Crown affeCted to find in allowing a fair value for the Crown Lands, and the tender nefs which the officers of the Crown concerned with the banters had (we fuppofe not without reafons) for there hardniips. Between both ere defcriptions of perfons the Crown Lands were managed in the fame manner in which many other branches of the Royal Revenue are between fmugglers, who think it no matter of confcience to cheat the Crown in any cafe ' • and collulive revenue o ffi cers, who would wink at every viola tion of the laws with which they are entrolled, ra ther than be soreivit This fyftem has now, at leaft among the upper ranks, undergone an entire alte ration, and, it is at prefent underflood, that the property of the Crown, which is, in there cafes, the fame thing as the property of the public, may, and will, be managed with fume regard to the in weft of the right owners. We are, therefore, not a little furprifed to fee, among the papers, a copy of a memorial prefented by a number of the tenants of the Crown, com plaining of the general hardfhips of leafes granted in the manner now adopted, and putting feveral extreme cafes of diftrefs which may occur. It is rather remarkable, that among the tenants corn. plaining of there great hardfhips and poffible dif treffes, the greaten number of names are thofe of Peers, of the highen rank, Members of Parliament, and private individuals, of high diftinaion and for tune. The titles of RICNNOND, Maaxsoaouom, LEEDS, Ql./ItIISIRRRY, ESSF X, HARRINGTON, GOWER, FITR, SHRTFIRLD, and WHITWCIRTH, are not the only remarkable ones ; and Tome of them, in make their plea of hardlhip the more laughable, have their names figned by J. BAN n 'sr a, jun. The anfwer of the Lords of the Treafnry was, that it Was impoffible to make any general regulation where every two individual cafes were different, hut that no individual, who had a real cattle for redrefs, Mould Puffer harellhip from the Crown. No leafes are now renewed till within five years of the expiration of the exiling leafe. It has been tlrongiy recommended to tell thole lands which are capable of greater improvement in private hand., and to vett the produce in the three per cents where, ey veiling the accumulating intereft 10, the advantage ariling win, at the end of 31 years, be double as much as can be derived from the retention of the lands. LAZY INTFLLIGENCE. calm.r OF iaxc., I;FNCH, JAN as. THE 7t 2:7 or 4,;SEENSLURVP..!tO7,I-RT This Wits ta.e cf tliofc C.tieS which occur altn".l daily, fro:n the extrer.le itrianels which the .`.1,- nuity .\fl is fuppofed to tequire in the wording cl the memorial, as the It.cord of the trar.f.te!irm. It WAS to this Cale M: E.Aine alluded tla other day, whey, he mcr,tiored that it was d;;;,1:: ed whether a check of his Grace upon Coo ts th, Banker, Was a payment uf rnune:,•, as ruct.tioncd in the memozial. The Duke of Q . Lteerifberry had, in 1.1:1, 4,00c1 by dr.ifts on M: ifrs. Conti, ainl Co. much money, in colifidelatitin aim::ity 2ccol. per ann. • Mr. DAmPIERE, on the part of the lkiendant, pointed out other &leas in the memorial, as I , r inflance, that Mr. Courts eras n.tmcd tritace, %%idi om cra&ly defcribing the nature oldie troth. Lot d Er. LEN COROOC H considered this fitt,d, and afked his Grace's Counfel, Mr. Erfkine and Mr. Jekyll, whether they could hope by any dr ! ar. ments to defend the memorial as it now flood? He all() fuggcfled the 11:Tering judgment then to pafs pro forma, and letting it go to die Ilouti: Lords. Dlctfrs.EßstarrEand JEKYLL immed Lord ELLENBOROUGH then laid, that if it earn: before the Houfe of Lord, he thould conceive Itimfelf at liberty there to diferifs this quell ion in a very different manner from that which, fitting in .1 Court of L4W, he Weli cow bound to deeije it in. MEATH HUBBARD. This was an aelion of troves-, brought by the Plaintiff, as ov ner of one third of the (hip Fitburn, arsai!ift the Defendant, as owner of the other two Sirds, but who fold the whoh: Ihip to reeov'r the value of that one third. It was tried before Lord Ellenborough and a J pectal Jury of Merchants, at Guildhall, on the to of Nos ember fall, :.hen, after feveral objesflions taken on the part of the Defen• dant, it was agreed to find a verdict fur the Plain tiff, fubjeel to a cafe for the coatis oration of the Court of King's Bench. This cafe, which is of great importance to the (hipping intcreft of the country, was argued with great abilities by Mr. B. HALL, for the Plaintiff, and by Mr. C. ABBOTT for the Defendant. Mr. HALL, after Rating the fasFts of the cafe, oblerved, that he was to fupport before their Lord fhips the verdia that had been given. He laid at the trial of the caufe three obitaions were taken on the part of the Defendant : Firfl—" They contended that the Bill of Sale, which had been executed in this cafe to Heath, the Plaintiff, in truff for certain unnamed Under writers, could not be fupported, as the property of Foreigners might thereby be mailced under Britifh names, againft the provifions of the Re ' giller Mts." The fecond obje&ion was, " That the Plaintiff, in this inflance, through the omiffion of the Offi. cer at the port of Neweafile, did not complete his title before that of the Defendant intervened." And the third objeCtion was, " Suppofe their Lordthips thould be of opinion with the Plaintiff nn thefe two grounds, yet (till the Plaintiff and Defendant, being tenants in common, this anion of trover would not lie." The Learned Counfel confidered there ohjetlions in their order, and argued againtt them with great ingenuity and force of reafon. Mr. ABBOTT, on the part of the Defendant, contended thefe two propofitions, tit, That this Plaintiff was not the legal owner (on the true con ftruelion of the different ftatutes relating to (hip ping and navigation) of any part of this veffel. And idly, admitting him to be fo, yet, on the fads of this cafe, he was not entitled to maintain the prefent action of trover againft the Defendant. At the conclufion of the argument, Lord EL LENIOIOL'GH faid, this cafe bad been extremely fully, and very ably argued. It was brought to a fingle queftion, for the action could not be main tained by the Plaintiff, if he and the Defendant were tenants in common. And whether they were tenants in common or not, depended on the perfec tion of the Defendant's title, which depended on the validity of the new regifter ; for as to the de ftrudion of the fhip, that was out of the cafe.— The only queftion therefore was, whether the De fendant had a good title in confequence of the 'conveyance made to him under the new regifter. There was no occafion for the Court to decide the other points that had been argued. A tenant in common could not maintain an action againft an other. Was the Plaintiff a tenant in common with the Defendant ? If he was, he could not maintain this action. That reduced it to the queftion of title in the Defendant. That was the only point neceffary for the Court to decide. As the cafe re lated to a matter of great general importance, the Court would confider of it before they delivered their judgment. M i DAMIEL AND ANOTHtt V. HVCHS. This alion was brought to recover the fum of t sod. It was tried in February, aos, when the Defendant pleaded a judgment of the Mayor's Court in London by attachment, the validity of which, it was agreed to fubmit to the confidera lion of the Court of King's Bench. This cafe was argued to day by Mr. Be it ay, on the part of the Plaintiff, and by Mr. GIL as forthe Defendant. The Counfel for the Plaintiff fubmitted three' objeftions---111, That the Garnifhee was not in pod - a - ton of the money at the time of the attach inctit-2dly, That the Defendant below who was the Plaintiff its 'his aCtion, had not any notice of' ' the procefs of the Mayor's Court againli him ; and the third ohjeetion was, that the Plaintiff below, who was now the Defendant, did not prove any debt in the Mayor's Court, nor did be prove any debt in that Court, in the charaCter of Defendant. The Learned Counfel fupported each of there ob jeCtions, by a number of authorities from the books. Mr. Guts appeared for the Defendant, and in the condi of his argument gave an anfwer to the objections dated on the part of the Plaintiff. It appeared in the condi of this argument, that by the cuftom of London, a man might be attached, who altually, a: that time, had no ow ney in his hands hziongng to another, Lot U•i:o ;vas e xpeacd to recei:e a fun' at I.4ne it:;ure ;,cried. Lord ELLENlio7.nucii ;bought it a mat vv. 1! ;Pus that ama Tn;g',,t fm att.lcitednil A 1).17..f. peetlti , ll, and when p?rhArs the munq lever corr.e hands. Mr. GIT.ES faid, though at the time of the at nt, the Gatni!h:e had no mcney, yet he this money h.Aween the time of the at -achm:nt and the plea he had pleaded. fie had ..leaded that he had no money belonging to the 'Defendant either at the time of the attachment, rat any time rince. hat however was not the ; and he was haond to plead that plea, and r w gild hare been had. He compat plea to that cf / 'Lr.' .1,1;;:it..i/L7vit, in die cafe of an t x (Tutor. Mr. COM 'ION SFRJEANT oliferved, that this was ccrtaialy tlic prielice, and it the Garnilliec pleaded immediately after the attachment, he %void., 114%e got rid a it. :Nft , ..r a great deal of dilcuflion on this point, Lord ELLEMitoitoucii raid, a: Court wouLl look into it. p.tAa ♦SD OTHERS V. TAYLOR, AND OXLE Y AND OTHERS V. TAYLOR. Mr. Max LF.Y moved, that the Defendant, who now attended the Conic, fhould be rendered, in due form, in difchaige of his boil. The frets are fbortly chef.: : The Defendant being arrefted for debt, gave bail ; fince which he became bankrupt ; ;old, on examination, his anfwers being difatisfac tory to the Commiflioners, he was committed by them to Newgate, there to remain until he (hall, upon interrogatories, lankly them in his anfwers. In this lituation, the bail could not render him in their own difcharge in the civil fuit, without bring ing him into Court for that purpnfe, which they did accordingly ; and the Court ordered, that he he rendered, in the firfl inflame, in due form, to the cullody of the Marfltal of the Court, and that he then be remanded to Newgate, there to remain until difcharged in due courfe of Law. Bin after wards a difficulty occurred ; becaufe it was laid that the Habeas Corpus thould have ;gibed from the Crcwn fide of the Court, inffead of the Civil tide, becaufe he was a6tually in cuflody upon a criminal, inficad cf a civil charge. Lord niLLENßoaouc after conferring with the other Judges, °harm!, that, according to the re port of the Officers of the Court, this prifoner be ing in cuflody on a criminal charge, the Habeas Corpus ought to have iffiied from the Crown fide, iallead of the Civil fide of the Court : the prefent writ was therefore irregularly ifiucd, and there murk be another from the Crown fide, on which he might be brought up to-morrow. The prifones was then remanded. COURT OF EXCHEQUER, JAN. 11. JARRETT V. BOTETT. Mr. Pune ER timed, that this was a bill filed by the Rev. Mr. Jarrett, Vicar of the Vicarage and Chapelry of Wallington, in Somerfetfbire, againft the defendant, one of the parifhioners of the part& of Wallington, to recover the Lull value of the tythe of hay, and the predial and mixed tythes. which, as fuch parithioner. he was bound to pay to the Vicar. The plaintiff had, in the year 1791, been included to the vicarage and chapelry, and immediately after he was inveLled with the vicarial rights—he gave notice to the defendant, that he fhould expel to receive his tythes in kind—the defendant, as well as the other inhabitants of the parifh, infifted on paying a companion in lieu of tytbes, which compotition they eliimated at only 1201. a year, though the tythe, if taken in kind, would be equal to 4001. a year. The motive of the defendant in infifting on a compofition, was his knowledge of the difficulty of proving the en dowment of the chapelry—the original endow ment had been 1011, but it was contained in the Harleian Manufcript. He admitted the Harkins Manufcript was not a medium of proof which could be received as evidence either in a Court of Law or Equity, but, fortunately for the plaintiff, he had difcovered a very ancient book marked A, and having on the firß leaf thefe words—" Ab Anno 5270, nfq. annum 1391." This book bad been found in the Muniment Room of the Re glary of the Dean and Chapter of the Cathedral Church of St. Andrew in Wells. It contained a pedal copy in Latin of the Ad of Endowment. The Learned Conine] then Rated the terms of this document in the language in which it was couch ed. It was prefaced with the words "In nomine Deg, Amen;" and as well as we were enabled to tranflate, the fenfc of it appeared to be dated from the year of the Incarnation 1340, in the 9th Indic tion, on the 23d Odober. It was in the firth year of the Pontificate of the Mott Holy and Reverend Father in Grin, by DIVINE PROVIDIPICII, Pope Be. nedid the Twelfth, and purported to be an Ad of Endowment in favour of John de St. Paul, as Prepofitus of the Vicarage and Chapelry of Wal lington, and in confideration of his obedience and fubmiflion to the Bilhop of Bath and Wells, grant. ed to him and his fucccffors for ever, all the great and (snail tythes, predial and mixed, of the Vicarage. The Learned Counfcl having Rated the cafe, proceeded to the proof of it, by putting in the an• cient muniment we have mentioned. Mr. R,cHatnf, for the defendant, objeeted to its admiffinn as evidence. He contended it bad no tide, which tnanifelled its being a legal docn• ment. The Learned Barons were, however, of opinion that, as the appearance of the muniment carried fuch unequivocal internal proof of its high anti quity and authenticity ; further, as it was corro borated by the Harleian Manufcript ; as it had been found in the regillry of the Cathedral Church of St. Andrew, and as it appeared in the books and manufcripts found in the libraries of Deans and ChApters, had been frequently reviled as evi dence, they were bound to admit it. Accordingly the A& or Bull of Pope Benedi& the XI Ith was allowed to be complete evidence of the endowment of the Chapelry, and the plaintiff had a judgment in his favour, by which he will be entitled either to take his tythes in kind.r a compofailn at the rate or 4001 a year. mia or r e ceive r.