The Sun. — London, England, 1805-04-13 00:00:00

OCCASIONAL ADDRESS On the representation of The Rervetkei last wee k , at the Portsmonth Theatre, by ()timers for the betefir of the Wives and Children or Soldiers embarked for Foreign Service. Written and s poken by Cyr.' ELTON, who rerformed the cli4ratter of Zanga. 74 0 . 1 i 4 hta Voluntary hand aspire To catch one spark of You:4W/ immortal fires • To thrill with salutary grief the breast, And make the horror of IleVenge contest. fltoulif the soft Virgin-yield One pitying sigh, While swims thoicar in her dejected eye; 'Should the brave Youth, subdued by Scenic Art, Vecl anguish heaving his Indignant heart, ttherivied let sublimer - talents raise The thunders of involuntary praise-4 Unenvied—s"vhile our humble effort draws, Within these walls, a candid kind applause. • But net alone the love of graceful Fame, And rapture of the Mtist:, incite our airn— put not alone the drops the lovely steal ' Down Beauty's check, shall animate our zeal-4 To us morn precious, more deservllly dear, The poor 'disrrest one's meek and thankful tear: That comfort's cheering rays may kindly tall Thro , this rent thatch; and warm the brighten'd wall : That fainting languor, front the sickly bed, Iteviv'd to transport, raise the drooping head '.Chit the sweet babe, in healthful rosy rest, sooth'd tu"sltintb.:ts, on the Meitliei's breast: Such ends as theselnight P ride's cold sneer 4isarrn, The. rigid soften, and the sullen charm, laest the scene with more than Magic pawed:,, .4 1 - 1 4 shed a grace o'er talenti mean as ours.' Lot where abandon'd on the dreary shore, List'ning the stormy surges hollow. roar, The ‘Vite, despairing, markslon hated sail Swell ut dim I.rosped on the distant gale That watts the Father of her Babes afar ,Vrotti hunie-delights, toall the toils of War. TO wipe the [car that lingers on her cheek, And sounds of whisper'd corntort gently speak : To warm the gallant Warrior's grateful breast, And soothe his Lund inquietudes to rest; Tor this, embolden'd by the heart's applause, We isireak Dame Custom's cold Mechanic Liws: Thu' rude the weak essay or falt'ring Art, This thought shall still sit smiling at the heart': Wur, while the motive saneli6es the deed, Shall Zatrga vainly rare, nor lost 41anz, bleed; AILLES JOYSIN, ONE OF THE BLACK CHiLFB OF 6T. DOMINGO. ,From a New-York Paperj THa fallolorig are the charAetelistie traits of this Of Noe 'tees Ileum is a young negro of about . saved ;old twenty, of a savage and ,fierce phy.siog oomy, and whose counrenance is the trot Index of his feint!. His insolence and cruelty are without moderation, and, as his I,nwer is' very extensive e he. exercises it with all the severity of alyrant. The French, on the evacuation of the Cape, had left the arsenal replete with all kinds of military Utensill, and an immense number of bullets. These articles were ordered to he c a rried lo the farts in the.Conntry e and as there were net soldiers enough, unetrployed, to do it as expeditioudlyas was le. quitc4, guards 'were 'almost daily sent to sour the streets, and Wee every idle or mcart.leoking e person they met with, to thearsenel to assist... litre they were .exarnined by the Culonel f 'very few of them, *ere excused, but were forced to drag heavy wag. gone loaded with cannon or military iipparatus into the Countty, or carry muskets, and other weighty articles. If they could stand, it was enough fur the Colonel, and I have seen him sat men at this work, who were lame, Or old, or otherwise so incapacitated f,r labour, that they appeared scarcely to be alive. A few days previous to the eth of. Marc) pro. alattations were issued by, Jaysin commanding all the women, except those who were old, sick, of in. firm, to meet at the arsenal On that day before sun. sise, fur site 1 n of carrying bullets to the fort in the coontry, under penalty of imprisonment. In conseqUence of a . vinlent rain the preceding night, Christophe sent a request to Joplin, to postpone the businees,,as the roads ware scarcely paseebla. The inhuman wretch excused by , saying, that the Women' were already assembled,; and it was hardly worth while to put them to the, trouble of ceiling again." Accordingly, about eight o'clock, the procession , moved, uceosupanied to the end of the tewo by a band of music. Hech one carried about i 811) weight : the distance of thefort was, I think, le, Or r e miles ; the' heat of the sun Was. ex. cosive, and the mutt almost knee deep. Some &typed' down upon - the ' way with fatigue, and others absolutely died in consequence of it. They arrived, at the end of their journey early in the effete noon ; they were obliged to stay there the remainder of the day, and at night to lie down upon the inuddy gedund in the open air. During 'their oh. thence (rem tos scarcely a person was to be 'seen in the 'streets, t .cept the patrules, for those of the i n h a bitants who had negletted to obey the Colonel's orders shut up' their buuses,'and kept themselves closely oteitined. On the following day the women returned in a deplorable situation, muddy, wet e ited hungry,, anti, as might reasonably havOreen e x. petted, scarcely able to drag one tete alter t h e ot h er . sight was enough t.e l ieee m e te d t h e most obdurate heart to pittr t ":ibrute would have relented; lout our noble iiVi; pliant Colonel was n ot-so e tr e mie nate and *e:tsz:ilute as to sutler himself to 1* moved by Coe sighs and complaints of women labouring under severe and insulting hardships.; he resolved to try it again, but not upon quite so brutal a. plan. lie ordered all the iiihsbitent will male and female, to ;attend at the arsenal and receive a certain num ber of ledletS, which they were to hove conveyed into the country at their owe expence ; those, how. ever, who could not afford ibis charge, and they were not art ieconsitlerableetiumber, were forced to carry thcat thetnselvea. In this. manner most of the inalletioAvete quartered upon, the people, and thereby I,ONDON b) fticisAk rt ilAaßts (of No. 4, !Wart lett.court. ar Ar the SUN ()Fil CB. Nu. 1t z, Strad wurtc 4 1chiersitcv:entk, Ordri AIP REPORT. LINCOLN's INN HALL, Aran. to. EX PARTE KING. Mr. ATTORNEY' GENERAL opened the Petitit n,- . ! by stating that Mr. John King, the Petitioner, had become a BanktuOt, had in all things conformed 'himself to the Statutes concerning Bankrupts, had , duly lioiihed his examination, and had delivered up to his Creditors -a very large account of property, .lout, that through the negligence of those entrusted with the management of his estate, a great part of his property' had become unproduCtive ; that the re. quisire number and ,value of Mr. King's Creditors had signed his certificate ; hut that the Commis.: sinners, for causes uneXplainerity them, had refused to certify his conformity. The Petithoi then_pray. id his Lordship's direttions in .respect to the con. duet of the Conami4. - ioners. •After Mr. ATTORNEY.GENFR AI. had finished, Messrs. Conte! and PLOWDEN followed on the same side—they spoke to thaimpurtance of the question ; they dwelt with great force and ability on the la. mentabte situation in which a Bankrupt would be placed, "alter a full surrender of his property to his Cteditori, if the Commissioners, wrapping them. selves up in mystery, should say, in opposition to the general wish of all the Creditors of the Bank. rapt, " We, the Commissioners, refuse to certify ; we will, not assign any reason for our refusal ; nor can any Court compel us to be explicit ;" and they trusted, that, notwithstlintling such an application as the present was unauthorised by precedent; yet, that his Lordship. would tell these Gentleman, who were ading, as Commissioners, that it was the right -of every .Bankturt to know of them, in _ the most clear and explicit language, why their signature should be withheld from his certificate, and, parti. cularly so, as, in the present iastance, where neither fraud, nor imputation of fraud, could with justice' or truth be imputed to him. The Commissioners, in answer, alledged, that they could not, in conscience, certify ; for, that three years had elapsed, and no, dividend had been made ; that their minds had been impressed with an idea that the disclosure was not a, true one ; and that some debts which were present for proof, had been releted by. theca, they thinking them of the Bankrupt's fabrication. „Mr. AvroarlEY-GENERAL, in' reply,. combated those various oblations, and pointed out how little they stood connected with the Bankrupt's condua ; no Concealment had been imputed to him ; nothing but surmise had operated against him; no coilusion had been proved ; nor .Creditors started up to oppose Mr. King,; on the contrary, the_ major part •of them, and, amongst those creditor; were men of. • the first eminence , and credit in the City, had signi. fied their consent to the certificate: And, after that statement, he said, he flattered himself that the Commissioners would review' their proceedings ; and, after giving Mr. King an opportunity of hay. hag his conduit revised and explained, do that att of justice towards him, which, he trusted, Mr.'King Would he . foond fully entitled to. 1:611.0 CHANCILLOIt--" I admit that this is a I most aerious.and important question; it is of great interest to the Bankrupt, it is. of moment to his Creditors, and of no less moment to the Publico The question before me is, - whether I can compel the Commissioners to certify the Bauktirpt's confor. mity ; the bearing - of my mind is, that I cannot „- but stilt, I must say, that as Chancellor, Shwa but ill discharge my duty to. the suitors of this' Court, were I to make any decree (jr order oi t hA t, clearly and fully giving the world the reasons on which I judged, and I do think that the Commis. sioners would likewise considerit as their duty to tell Mr, King, in the most plain manner, their red. sons for avithholdiog his certificate, in order that Mr. King might further conform himself in such a manner as to ;natio hituself "to the benefit of his Certificate." The Petition occupied the attention of the Court nearly two days, and was as interestin4 as Any we have lately heartl. On Monday last, about two o'clock, John Lew, was executed on the. Drop behind Lancaster Castle, pursuant to his tientence, , tor the murder of his .wife's uncle, John Ashworth, neat Radclifie. He refused to coufess his guilt to the very last. After the Ordinary had left him at the fatal tree, he esem. cd to pray very fervently. After hanging the usual time, his btady was taken down, and delivered to the Surgeons for dissettion. The - above unfortunate man' was 42 years of age, a native of Little Lever, brought up as a labourer, anti has left a widow and several children to mourn his untimely fat% klaving rented a cottage of she deceased's, - and being in artear fur rent, a quarrel had ensusti between them, attd Lever was heard to threAten be WOEIIII be scve . nged on the deceased.— Soon after which the body of Ahliworth was found in a ditch, near the buae, where it had kleen put, after be had been strangled. The ktust had been broken open, and sow money, a.silver watclr, a piecc ofhloe cloth, and some white flannel, taken away, . _ _ fin the trial of Lever it appeared, that on the ni g ht previous to the murder he had not enongh of Et i on ey in his pocket to pay the reckoning' at a pub, lic-house where he staid,till, past midnight. He was seen on the road going towards the deceased's house abottt four o'clock in the morninr; 'and was again seen, befOte 'six, standing at. a brick-kiln, near the put of the foot path, with a &lark and 'white 'parcel under his arm: Be left the parcel, about se at a person's house, at Rack / We ilridge, saying, h e should call again fur' it; which he never did, and on i ts bei n g opened it was fottnd to he the stolen pro. perty. Eatly the seine morning he was s.eett,drying his stocking 'on his legs, drinking various liquors, treating different people, haring 4 , watch (which he had n'r before) errd money in his pocket. Ile after. wards paid off seVelardeitts.he had owe d f ur some time ; and exchanged the seal belonging to • the watch for another. The seal was proved to have been A h VYOrlk!‘ ; _to t the. Watch leas not since been disc6rereit• Lever said, that he hak.not beet, at home the 'preceding night, t , ut, hail lain in a barn ; are tout !Ci!S irtl6ol , iied t'Y IL'." AM A xS 4 TOIK KO South Molina-strtet. (..rosvm.r- 5 4 rs for the Paper, Letters. hue the Edttor,Szc., , p ost . / , ‘ ,4 ) , muat h e "idreisetis ~ s ; , Itvowner of which, - how . eiet, gave difitlent PtiOn of it than Lever' had, beend n it nt so.m after five that morning, .and did nut tee all b:Rly in it. These, with several. other strong cif. curnstances which appeared on his trial, cau,e , l the Jury, after a short deliberation, to find hint Guilt/. On Wednesday night, at eight o'clnck, a CO: toner's Inquest was held at St.- Dirth,lotarw's Iles• pital, on view of the body ot the souog trouio will w as killed in Littleßritairt, Tuesday i rtorn. i"g'• It appeared in evidenCe, 'that''the iitcca seas serving milk, and a Cart having drii4n .46) 0 to the pavement, to Make way tor a !nailed waggl the _wheel of the latter came in cunt:l.a will' tltc wheel of the cart, and threw it on tiie p a viloefit,v l which `means the 'deceased was CithliCd 1) `-' 1VirCn taii.buatd of the cart and the house. The 171 ° Erf " the Cart. sighted, the deceased tell ; her-ticathle. peared to be instantaneous. `lti Cormier Ininutr iy investigated the con ti of the- d r iver of waggon, but- it did, not-aear that anti' btAine attach to hini.— pp Verdia, .4ccidt.rtal deceased was a very fine young wnain, ; ,Gaut nine! teen, and had been trolls the Cuuntiy hat 1 1111 c weeks. SNIP AIIIS. • !DOLL, AtRIL , Arrived—the Minerva, Lander , f r om Lond10; 5i,4:1,4; restille, • Mullony,. from Dzinprvon; : liz.lbeth, Revan, from Newcastle. • ' ' ,k'r Sailed—the Adventure, Small, Mary. baggi: '4lo'" • ant, Love and Unity, Merrier, and Snake, foundland ; Alexander, str,o, for lialit.A; ,",";100‘ Banor, tor Falmouth ; and Economy, I°`ll' Sunderland. AV rtlaY izutta, Two wards,Passed by—the and rauXlt, for New f 1 .7 Irl 4 l 1 13 1 e ll I t 1 S C Y I I C • t. : E. :16 : 1 1111 : C I Ebeti ' k r :DdN' fo lA r :Fl'-eci:saii:llirer'4"l.'4'4'\l4(7:lltb4L'; ar: ll:4llll'ible:dit':' vostisitHieseiinog)ourldvenhtridergirasorbsrpcin.,:}cnn.solitcir tr:cio:ktin;icaT":e.,ouitvel‘lvi,:(2l ets r ,re., : i l rio l itr i b f )} ,- ; l (2.ip ‘ iil r e : a a 3 , 4l l :ll.ltd il ilc...l. b ree ' :, ' l o, l t A t ' h, e v i : 111 0010014j1,1 1 , Marine, for Embien, °uric •••.• fro' to . *.tr ; 'Muria lsabclla , fames, roa frodeno, ntbden. ki re; "iiit• for Afti,4 - • UalVals - lialifax •II riot `liur I"huim Vcatltl ,„. • opt, ray, .vr JAW. j t z l a i e b r t : th lo: H C e o la ri%; ,Speculation Sttituoigs, 1),4011.40. and Guirdi:ol, C•reenw,o, t )r 3h .... l lj , ew Ei da . ys fi s i in gi ce ts . iltiittill.cii:cl)Raik:‘,..l,ri.btvilseiliLul,doY 1:1S ,,,,,, ." . , ,v,. c : to, , • PDX 3,!it ti ;: ti n i i: S si a ec t i tt i : sai l:y ht ,ii,acttrpivaHlia:mA.:Efrncis:Rr.sflnutjti.‘6:llll:,,e. C 3 as pot:iizno:Vite:t},:iit':iii:ro: h Regiment, to A/its .1' lizahtth i Ltles, ,ecsoittil,3 1,0, fire late Sir jo , ln Hairs, hart. of ?OutidJ•.!, L*101,1:510010 On Wednesday Won' ht •at Ihri K: Count) 01 .0 , :: i l la a t i L d lyl c ie i F d rr au . s t h V t i e l r li o ' am t ti A i l e ; rt il 'h e i v ll . , 4.; l 4 :l l ` ) .: o ',,,r 'f i F l, i'l4l:'‘l t lf t l ' o e l i m . g a h t i e s li s l l y i s . ,. LoioeTielritaazdtatwitahrro.dgftplituwa4e;liktto.ohafgtieuilthiau.t'reeitE:l::l)o4o°''''s ite)l.lo,:toott ‘,,,, Kee "' of Cork: '. On the thearlthro.iind.sit " '---.-----"F-.-"'- til - hl E : l 4 t kf ii Y ond f.) a ill y c list .- Th omas ts' ky . li k ff:E l q' - 11°14 1 4 hiStitbil Kingston, Suirey ' • . • efit l' if ' ht • he W ~ of I re ''he same day, at the Hot Wells,. rhlrS I , c t, r."' ItO _,L,?very of his health, Captain William brA . win , ICI Zetik Regiment of Light Dragoons, and son G. Es q. of Erdington-l-tall, tear IlitatinglPtn• nn biiii, IVII.. (In 'Tuesday sett VI . 6 R tland-sqlPfe' ' N tlif liarn Cray if. - Q nt t' I ti the ' OHnoWn.atilers%diy. At , Inst r . Ist iCiohens!rprillitrgitolii:f iiii on ... Koper, Lady otF. , r i l e 4O ) the 3111 Of January , at Parts, In• t its. Ue, Claude Chappe, t he inventor o f 'Cargill "— T : -- m ".4 r. V T E; ti N o —"----"---- 11 .:. t. 5 E AL 131.1 N0:4E5,1, :::9, P' l64/ TAYLOR, SlllV'''' Bridge-street, Lot 4. 011, .1 DE4X tIR, , " 0 ' e cif g t re hla . -Iyveitearklaidtadditniiie, mistbru ine t° ets" .'n' anfl 14 is with the most heartfelt sutisfaitininyof t realaint, attended with the InQst a r rl2-; eeftr"4 a .stln;yyA. T`' is va _ address yott on the incomparahle escellero t 3 .: 10 ,,, ,P7, Spring ltp!ble Medicine, LEAK!'-'s PATENT 11 ,„ I ' t ratt 1 Y i t i;t• Crous symptoms; insomuch, that 1 ha e'r;abo I"' e t a o n tt , t i lri nr 4: Y f abtatl ; ll ' le t s ; tt : ho n l catio : ut t r. i igpe c r i t t a l oe n i i t7 sa *i t h te c o u s z : w i sysei gi e e t i slo t k i gix . : i u : in e t io e i a:cit;6l4ilatiteraor::::nric:4ol:44:Sitli 1 F l .: 11 : 1 . "1 : 0:1 1 ,:iti t ) i v it t a l i , :: E ,, 1 ii Pi • 1 ; 11 11 ; ev, ° . m 'raciating pain , and . torment, anti 'tvll.ll W , r, c oce 4 " 140 o_b_j ( e 'ett of pity and compassion. My friclitis 111(, th o die' t o, Deftere I could ur,,tell.l and exp ect ing every minute to li e r°,,,igrib°4,6 ri ;-'rri.l 1 ryas fortunate), recommetvied O r ' A l i ..ii O a :i: 0 ..lcit..hi. wi,..XesS:r:thbewtb4sre.lpietradiect::yenretsitielc 3:1:1:411111Y1,.1 47 Ytnir. Mrd'u;itte; but having tried ail ntey-cosottr; opt purpose, i : p iny race -very imposible. . lot is and being at an enormous expe it A tot tor, • ii siy , b aa sigh; .'a g - re: l° W ' 1 1. )e le t fi te t r ; „ annlYd pains ,t o t igl'eliclgilrelai i t Y stii:cll:let;rl;o4;':' 'etsill:ln'l4):jsll:tell;:liPti mart of oil my friends (after taking'oll ,:,, ~11 / -I ": S I Ya r w e l:d i l lu i 2i i p c l i s eul e 4:i . l nat s:kl'ilazolPr4:u.ter proper, d vPfe : e l . r i l r t . :I I : I : 4 kr e vl ‘tviVil , s ar : s'''d c t l : ltYhiull:ll°:'rUbrit ::lintlievelili'teilitltubg:lkt:se h 121 'l'4 I:: t:IA it ;I i II: Ill' I (thanks t ' God . !Ile ltd." ' *". it t Dear li. ti.trjet),•oiluirTmobiinigglietia.hlialtlitu:tl.ritcN)itithottlyirl. S°ll:l:retvrig:t:h9abt:lf:tuti('‘ I. c l' o ' ll t E i t i ::: 1/ i I t otuni ..10, ),.,, ~ The above Medicine is earnestly. tf- ior o w , oe v o st t i c ee r i s sy o p ri i. s ,ien t n :a r ea t a i r e tt t i p t.: 4 any , tl; a t t r h t t i t:otzflat I f ti,;.ri.. t, 1::- r,;ir , ,, t y o I A r :1i0 ti g . ,,, ,. ; . : Ing their comittion in lite, as it wil , ‘3,), stPlormi. 17,very taint of that noture, of howe v ` l , t . 1,410 ,!is CO p it may disguised untier she appear:olo! i'cut3lo',lo I may be; tar Scorbutic Glandular, O,' , csP"' . tato t 1 . te Pialms° it.i Sl In i tialer and Fall. 4. .... s A 4.,) rei;Ornal,2lolll to b , -- AI it , 1...e.,„,10 , ,i,, , Prepared -and sOittiby the it,;o fOrri ct ,'" r :, ls - ,vill rd Lila., Meiribel of the Corrrati on of u"'ic>i,e'f)f ,iiit " A rc his He ti NO. 9; New lirid 4t. " l"l:ti l: 'itil';'' Itll 11.4 Advice, without .t fee, to pel.so;iS tA i!'6.4, VP r et 0 Will ans%ver Pazients' Letters, if P'''t-l':l;'blcc t il4 terms, observing Mall t:,.w:;s Mr twist /118'1,:ild, 10401 0 Patient's name or case ltawinz beOn 16:-'11;1:41,tria: oil C -I !i i „t OW.II . partic-tia req p ue , st, b' thy' 1' rol ,(4 h et ,r t ne t , i' t `'t r e P r of norc thsti 35 ,care, th.it to 11.:5_1:1',, 0 ,1: ~ or A n n cx.tensive sAie of ~tjit.., A bove) -,Vicw‘l' .O f 'i''' ' . "in 4 therefrom. . ~fneocf . 1 . 10,;,,I, They are also srit:i hy -his aPP"1::. ii.;+f J.),,,r,: ur , ,,, No. 3; 44t. Aiban',_ ~,tr:!li . ' e .,,,:. ..- ' O 4 ~,, f , bent:oll's T0v,;;;,:0i,, No. - ~ (ixionl-s•ti.:;,,,i, tIY , . 0 ty' r No., I, Ls ii ,n row, Littlie°4llo,ver-)':1 1v.41 i'c..")PPir son in every.comiti::rable 'Fowit. it. „';'!` pill ''''",4 l4 Y . of only. 2,,. 9d, ea ii, lira vv, "'" .-• PAV • •-1 redityv '," . ~cf I ' A p i . • ~..' 11V,.:1,,1F ier 4' ) 1 1 "I `' 7. , j iti, t' o l ',,, "5t,0, , ,, - 4 wisJ . o ease and sec fe,cy • P • .411 i 5 tai r 14 , • ' ii. Each Dos, sbll in ; reat it , "- . 1,. , ;)',;:, t i e z ri9t,iti `at t tic- Siatnii-Zniic...! —.‘ I • };, ,,,ry, a r,irrtn, on wittch, by raven( or tit:l:dor, ./40,1;10 ri"}:e`'lr`-ti,--to mutate wx.ich is ' , - carried .to the fort free of any . charge to the Go. vernment. The Colonel is an industrious man, he spends the chief of his time at the arsenal, to see that .the sol diers perform their duty, and to set the vagrants, that are brought there, at work, but he is so severe that he is_dreaded by every body tinier his cote: mand. I one day saw an instance of his cruelty towards a negro whkitti he met in the street kt Mist riding; be asked the fellow who he was ? the inan told him his name, and observed, ". Colonel, you know inel lived with a Gentleman," men. tinning his name. Whether j-3ysin took this as im. pudence,or presumvtion in he uegrofor taking li. .berties with him, t:Ahall not pretend to say, bur, without any further ceremony, he attacked him with his whip, and beat him across his head and face in a violent manner. The poor. fellow h..,r e this treatment very patiently, without muttering a word, or even attempting to save his care from the blows, and finally, by order of the. Colonel, was seized by a soldier, and carried to a guardhouse. Such brutal severity as this, withotit any cause but the simplicity of ignorait man, may serve to give .some idea of joysin's t,tuper„ At Salisbury Fair, Monday the tit inst. a large quantity of . cheese was pitched. fur sale, and a great deal sold: the very prime went as high as four 'guineas the cwt. one person purchased four tans at that price ; good middling went at from 50i. to Os. :interier at .4135..--- , f oid cheese there was but httle, Anti:for the very ordinary sort nshere was•no demand. Some persons who had , purchased in the.vrinter, on twecuiati n, sold under their fist cost, and .the quantity fur sale was by no means cleared. , A journeyman smith, named .Griffith, in the workohnp of Mr. Brodie, in Miltord.lahe, Strand, .who. had been drinking late. on 1111,nday nit with sevoral shop-mates, whrn he ap f eared so much in, toxicatcd 11131 1113C011111,Witillli.reWlYrd to leave him in the shop antilethe (notating, was placed by them, as they imagined, in a secure , situation, and they went away, dicer locking him in ; they had not, however, been gone lung before the man found his way in w state or to the forge, which had brcn previously lighted tit soften souse iron, and throwing himself ro the file, he .was unable to' escape, and was literally roasted ; he was conveyed to St. Bartholomew's Hospital, where he lingered for a tew hours, and thett,exp:red. At the late , Assizes tar the County of York a cause Of canaiderable inspottance to oeccupiers and owners at lands came on t' be tried before Mr. Ba. ron Ganitam. The aktion was brought, cn the Statute of za Ett. VI. by Mrs. Rams en, the im. propriate Rector of the Parish of Wakefield, against a Mr. Gill, an occupier of lands within the town. Olio of Horhury, in mat Parish, for not setting out in kind the tithes of hay arising from his farm. The delepee made by the D'efendant's Counsel, Messrs. P.klica, Totem's', alai HoLao Y Witi, that the oc cupiers 0 Ando within tie township o f Uorhury h a d for time beyond metuory been accustomed to pay the impropriator a modus of 84. an acre in lieu of tithe hay, and 'that, there was no instance of tithe hay ever hiving been set out and taken in kind within that township. The Plaintiff's Counsel, Ma. Serjearit COCK F. (.1,, Mr. Worn), and Mr. ',AMOS, did ,not 'Mamie the fait of the-tfayment of the lid. an acre for stateral years past, but contended it was too rank to be ,a valid mftis, as they a l. ledged that in point of law , a modus must be pie. turned to have had its inception before the time of 'King Richard the First's going to the Holy Land, itetabich time (as it appeared from various atcounts . and Calaaatations stated in Bishop Fleetwood's Chro. nicon . Prititat ta lni, it ,was highly probable that the whole profitiaristng from an acre of .land,in bury did not amount to a twentieth part of the sum now pretended to have been paid as,a modus for the tithes of hay .only. In answer to this objeetion, the Defendant's Counsel cited the case of Pole and Gardiner, wherein it had been determined by the ,House of Lords, that certain customary payments of ltd. an acre for low meadows, and in acre for high meadows, paid by the occupiers of lands in Spinkhill and Killatnarsit, in the Parishalf ton, in Derbyshire, to the Ream of that Parish, In lieu of tithe hay, Were valid moduses i a n d they alto eked a recent vase wherein the Court of Exche. quer refused to set aside a mottus of BJ. a n acre p a id • by the'oectipiers of lands in Fenny Bentley, in Der byshire,. to the Redor in lieu '.ot tithe hay, on she ground of its being too rank. in the course of the trial the Learned Judge mentioned the case of Chapman and Smith, before Lord Chancellor HARD. icKit, wherein . a 'Dodos of gd. an acre in lieu of tittiftarhatt'been established, notwithstanding si. milar ohaebtions having boon made against the ap. parent rankness of .it, and that his Lordship, in giving tilt, judgment in that case, had said, that where a modes had covered a particular kind of prodnft, such as sheep, lambs, &c. the' valuatitnt whereof in early ties might perhaps be shewn, t he objettion on account of rankness had frequently pre. railed, but that ,when the modus set up h ar t a re: ference to the value of 'Ando in early times, h a was of opinion, for variaais reasons, that such inuttus re. uired,a very. Iniferent consideration. The 'Learned judge afearwards observed, that if the ohj e aai on Mute by the Plaintiff's Couniel,. of , the niOdus in qu estion being more than the whole of the, supposA litltte of the land in ,the reign of Richata the First, was allowed to ptfvait, in his , oplntait no, modus could now be supported. 'rte Plaintiff's COunsel finding the opinion of the judge thus decidedly in favour of the .modus, requested to be tionsurted, that their client might have, an opportunity of, re. trying the question in case of her being able. to dis• cover any furtherevideace in her favour; which was accordingly granted. in the course of the trial it appeate a that' for a few years past several of the occupiers of hinds in HOrbury hati, partly ,by the management of the Plaintiffas agents, and pair from a-wish to avoid the expense of a law sair,,been induced to pay the Plaintiff- greater stints than the Bd, an acre; but this circumstance wai considered by the Learned Judge :t nut at all ter ding to inva lidate the ancient modus.