The Sun. — London, England, 1841-09-06 00:00:00

PARLIAMENTARY PAPER. COURT OF CHANCERY. RULE:., ORDERS, AND REGULATIONS MADE BY THE LORD CHANCELLOR, WITH THE ADVICE AND CONSENT OF THE MASTER OF THE ROLLS, RELATIVE TO THE FORMS AND MODE OF PROCEEDING IN THE COURT OF CHANCERY. ORDER OF COURT, AUG. 26, 1841. The Right Hon. Charles Christopher Lord Cotten ham, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Hon. Henry Lord Langdale, Master of the Rolls, doth hereby, in pursuance of an Act of Parliament passed in the fourth year of the reign of her present Majesty, entitled " An Act for Facilitating the Administration of Justice in the Court of Chancery," and of an Act passed in the fourth and fifth years of the reign of her present Majesty, en titled " An Act to amend an Act of the fourth year of her present Majesty, entitl e d ' A n Act for facilitating the Administration of Justice in the Court of Chancery,'" order and direct in manner following, that is to say :- 1. That there shall forthwith be prepared a proper al phabetical book for the purposes after-mentioned, and that such book shall be called the solicitors' book, and shall be publicly kept at the office of the Six Clerks, to 'be there inspected without fee or reward. 2. That every solicitor, before he practise in this Court in his own name, solely, and not by an agent whose name shall be duly entered as after-mentioned, and every solicitor before he practise as such agent, shall cause to be entered in the solicitor's book, in alphabetical order, his name and place of business, or some other proper place in London, Westminster, or the borough of South wark, or within two miles of Lincoln's Inn-hall, where he may be served with write, notices, orders, warrants, rules, and other documents, proceedings, and written come unications, in causes and matters depending in this Cour; and as often as any such solicitor shall change his I,lace of business, or the place where he may be served as a foresaid, he shall cause a like entry thereof to be made in the solicitors' book ; and that the above-men tioned entries shall be made in such book by the said Six Clerks, who shall be entitled to a feelof Is. for every such entry ; and that the fund arising from such pay ment shall he applied in the first instance in paying the expenses of providing and keeping such book. 3. That all writs, notices, orders, warrants, rules, and other documents, proceedings, and written communica tions, which do not require personal service upon the party to be affected thereby, shall be deemed sufficiently served if such document, or a copy thereof; as the case may be, shall be left at the place lastly entered in the solicitors' book by the solicitor of such party ; and if any solicitor shall neglect to cause such entry to be made in the solicitors' book as is required by the second order, then the fixing up a copy of any such writ, notice, order, warrant, rule, or other document, proceeding, or written communication for such solicitor in the said Six Clerks'-office. shall be deemed a sufficient service on him, unless the Court shall, under special circumstances, think fit to direct otherwise. 4. That if any solicitor shall give Ms consent in - writing that the service of all or any writs, notices, orders, warrants, rules, or other documents may be made upon him through the Post-office or otherwise, such service shall be deemed sufficient if made in such manner as such solicitor shall have so twreed to ac cept ; but it shall be competent for any solicitor giving such consent at any time to revoke the same by notice in writing. 5. That no person shall be allowed to appear or act, either person, by solicitor or counsel, or to take any ipeocecdings whatever in this Court, either as plaintiff, defendant, petitioner, respondent, party intervening, or otherwise, until an entry of the name of his solicitor and his solicitor's agent, if there be one, or if he act in per son his own name and address for service, shall have been made in the solicitors' book at the office of the Six Clerks ; but if such address of any person so acting in person shall not be within London, 'Westminster, or the borough of Southwark, or within two m il es o f Loncoln's Inn-hail, then all'services upon such person not requir ing to be made personally shall be deemed sufficient if a copy of the writ, notice, order, warrant, rule, or other document to be served, be transmitted to him through her Majesty's Post-office to such add ress as a f oresa id. e. That no writ of attachment with proclamations, nor any evrit of rebellion, be hereafter issued for the purpose o f „ mt selling obedience to any process, order, or decree of the Co.'rt. 7. That t. order shall hereafter be made for a mes eenger or for the Sergeat-at-Arms to take the body of the defendant for the purpose of compelling him to appear to the bill. 8. That if the defendant, being duly served with a subpceaa to appear to and answer the bill, shall refuse or neglect to appear thereto, the plaintiff shall, after the expiration of eight days from such service, be at liberty to apply to the Court for leave to enter an appearance ft r the defendant ; and the Court, being satisfied that the subpoena, has been duly served, and that no appearance has been entered by the defendant, may give such leave ac cordingly ; and that thereupon the plaintiff may cause an appearance to be entered for the defendant, and there p m such further proceedings may be had in the cause 4,, if the defendant had actually appeared. 9. That upon the sheriff's return non est incentus to an attachment issued against the defendant for not answering the bill, and upon affidavit made that due diligence was used to ascertain where such defendant was at the time of i s suing such writ, and in endeavour ing to apprehend such defendant under the same, and that tile person suing forth such writ verily believed at the time of suing forth the same that such defendant was in the county into which such writ was issued, that the plaintiff shall be entitled to a writ of sequestration in the same manner that he is now entitled to such writ upon the like return made by the Sergeant-at-Arms. 10. That no writ of execution, nor any writ of attach ment, shall hereafter be issued for the purpose of re quirine: or compelling obedience to any order or decree of the Kigh Court of Chancery, but that the party re quired by any such order to do any act shall, upon being duly served with such order, be held bound to do such act in obedience to the order.. 11. That if any party who is by an order or decree ordered to pay money, or do any other act in a limited time, shall, after due service of such order, refuse or ne glect to obey the same according to the exigency thereof, the party duly prosecuting such order shall, at the expi ration of the time limited for the performances thereof, be entitled to an order for a Sergeant -at-Arms, and such other process as he hath hitherto been entitled to upon a return non est inventus by the Commissioners named to a commission of rebellion issued for non-performance of a decree or order. 12. That every order or decree requiring any party to do en act then by ordered shall state the time after ser vice of the decree or order within which the act is to be done ; and that upon the copy of the order which shall be served upon the party required to obey the same there sha)lb endorsed a memorandum in the words or to the effect following, viz.—" If you, the within-named A. 8., neglect to perform this order by the time therein li mited, you will be liable to be arrested by the Sergeant at-Arms attending the nigh Court of Ch ancery, an d also be liabl e t o have your estate sequestered for the purpose or compelling you to obey the same order." 13. That upon due service of a decree or order for de livery of possession, and upon proof made of demand, and refusal to obey such order, the party prosecuting the same shall be entitled to an order for a writ of wistance. 14. That the memorandum at the foot of the subpoena to appear and answer shall hereafter be in the form fol lowing, that is to say, " Appearances are to be entered at the Six Clerks'-office, in Chancery-lane, London ; and if you do not cause your appearance to be entered within the time liiniteddey the above writ the plaintiff will be at liberty to enter an appearance for you, and you will be subject to an attachment and the other consequences of not answering the plaintiff's bill if you do not put in your answer thereto within the time limited by the general orders of th e C ourt f or that purpose. " 15. That every person, not being a party in any cause, who hes obtained an order, or in whose favour an order shall have been made, shall be entitled to enforce obedi ei.ci to such order.by the same process as if he were a party to the cause ; and every person not being a party in aay cause, apinst whom obedience to any order of the Celli t may be enforced, shall be liable to the same process for enforcing obedience to such order as if he were a party to the cause. 16. That a defendant shall not be bound to answer any stat me at cr charge in the bill, unless specially and par tit u arid - interrogated thereto, an d a d efendant shall lint be round to answer any interrogatory in the bill, except tho e in teerogatories which such defendant is required to a nswer ; and where a defendant s h a ll answer any state n- ent or charge in the bill to which he is not interrogated on!y b y L . Lather his ignorance of th e matter so stated or charged. such answer shall be deemed impertinent. 17. Tsiat the interrogatories contained in the interro gethic, part of the bill shall be divid e d as conven i ently as may b e from each other, and num b ere d consecutively 1,2, 3, s ae . ; and the interrogatories which each defend ;lnt is re Fired to ananswersh_ all be specifi e d i n a note at the foot of the bill, in the form or to the effect following, that is ti, say—" That defendant (A. B.) is requ i re d to answer the In terrogatories numbered respectively 1,2, 3 , &e." .Uld the office copy of the bill taken by each defendant shall not contain any interrogatories, except those whi alt such defendant is so required to answer, un less suck defendant shall require to be furnished with a copy of the whole bill. 18. Tb at the note at the foot of the bill, specifying the hiteri ogatories which each defendant is required to ansa er, eiall be considered and treated as part of the bill ; and the addition of any such note to the bill, or any alteration in or addition to such note, after the Bill is file:1,511111 be considered and treated as an amendment of the bill. 19. 'I hat instead of the words of the bill now in use preceding he interro g ating part thereof; and beginning with the w -o r ri s , " T 0 the end therefore," there shall ht reeter bie used words in the form, or to the effect fol lowing :—" To the en d therefore that the said defend ants may, if - they can, show why your orator should not have the eeTiel hereby prayed, and may, upon their se verel an . d.res )ective corpo ra l oaths, and according to the best air utni :est of their several and respective know ledge, nor iei ibrance, information, and belief, full, true, direct, ar l j•erfect answer, make to such of the several in terrogt to ei.!s hereinafter numbered and set forth, us by the rote hereunder written they are respectively re quired tatanswer,—that is to say, " 1. Arheeller, &e. e. W).etaer, &c. 20. MI vt a defendant in a country cause shall be al lowed no Amber time for pleading, answering, or demur ring a any original or supplemental bill, or bill of sur vivor, or to any amended bill, than is now allowed to a defendant in a town cause. 21. Tirtt after the expiration of the time allowed to a defendant to plead, answer, or demur (not demurring _ Alonq, to an original bill, if tha defendant shall have i P.Nffi e ti no lea, answer, or demurrer, the plaintiff shall be hr ' " -niTilibe to file a note at the Six Clerks'-office to the • - I . tollovirillg; ffect—" The plaintiff intends to proceed with --; his, caus if the defendant had filed an answer tra :t- 1 , 7- ' 3iiiratfig . :- II case made by the bill, and the plaintiff had rts\j: ! = '=t •':: ; -'rejilipd t.' ch answer and served a subpcena to rejoin" - ' 3- " "‘ - *--- - - , c..::-.) - e .--- ) -- :- , . le. ;" . S and that a copy of such note shall be served on each de fendant in the same manner as a subpcena to rejoin is now served ; and such note when filed (a copy thereof being so served), shall have the same effect as if the de fendant had filed an answer traversing the whole of the bill, and the plaintiff had filed a replication to such an swer, and served a subpcena to rejoin ; and after such note shall have been so filed, and a copy served as afore said, the defendant shall not be at liberty to plead, an swer, or demur to the bill without the special leave of the Court. 22. That a plaintiff shall not be at liberty to file a note under the 21st order until he has obtained an order of the Court for that purpose, which order shall be ap plied for upon motion without notice, and shall not be made unless the Court shall be satisfied that the de fendant has been served with a subpcena to appear and answer the bill, and that the time allowed to the de fendant to plead, answer, or demur (not demurring alone) has expired. 23. That where no account, payment, conveyance, or other direct relief is sought against a party to a suit, it shall not be necessary for the plaintiff to require such party, not being an infant, to appear to and answer the bill, but the plaintiff shall be at liberty to serve such party, not being an infant, with a copy of the bi.l, whether the same be an original or amended or supplemental bill, omitting the interrogating part thereof ; and such bill, as against such party, shall not pray a subpcena to appear and answer, but shall pray that such party, upon being served with a copy of the bill, may be bound by all the proceedings in the cause ; but this order is not to prevent the plaintiff from requir ing a party against whom no account, payment, convey ance, er other direct relief is sought to appear to and answer the bill, or from prosecuting the suit against such party in the ordinary wry, if he shall think fit. 24. That where a plaintiff shall serve a defendant with a copy of the bill under the 23d order he shall cause a memorandum of such service, and of the time when such service was made, to be entered in the Six Clerks'-office, first obtaining an order of the Court for leave to make such entry, which order shall be obtained upon motion, without notice, upon the Court being satisfied of a copy of the bill having been so served, and of the time when the service IN as made. 25. That where a defendant shall have been served with a copy of the bill under the 23d order, and a me morandum of such service shall have been duly entered, and such defendant shall not, within the time limited by the practice of the Court for that purpose, enter an appearance in common form, or a special appearance under the 27th order, the plaintiff shall be at liberty to proceed in the cause as if the party served with a copy of the bill were not a party thereto, and the party so served shall be bound by all the proceedings in the cause in the same manner as if he had appeared to and answered the bill. 26. That where a party shall be served with a copy of the bill under the 23d order such party, if he desires the suit to be prosecuted against himself in the ordinary way, shall be entitled to have it so prosecuted, and in that case he shall enter an appearance in the common form, and the suit shall then be prosecuted against him in the ordinary way; but the costs occasioned thereby shall be paid by the party so appearing, unless the Court shall otherwise direct. 23. That where a party shall be served with a copy of the bill under the 23d order, and shall desire to be served with a notice of the p rocee di ngs i n the cause (but not otherwise to have the same prosecuted against himself), he shall be at liberty to enter a special appearance under the following form ; (that is to say), " A.B. appears to the bill for the purpose of being served with notice of all proceedings therein ;" and thereupon the party enter ing such appearance shall be entitled to be served with with notice of all proceedings in the cause, and to appear thereon, but the costs occasioned thereby shall be paid by the party entering such appearance, unless the Court shall otherwise direct. 28. That a party shall not be at liberty to enter such special appearance under the twenty-seventh order after the time limited by the practice of the Court for appear ing to a bill in the ordinary course, without first obtain ing an order of the Court for that purpose, such order to be obtained on notice to the plaintiff ; and the party so entering such special appearance shall be bound by all the proceedings in the cause prior to such special appear ance being so entered. 29. That where no account, payment, conveyance, or other relief is sought against a party, but the plaintiff shall require such party to appear to and answer the bill, the costs occasioned by the plaintiff having re quired such party so to appear and answer the bill, and the costs of all proceedings consequential thereon, shall be paid by the plaintiff, unless the Court shall otherwise direct. 30. That in all suits concerning real estate which is vested in trustees by devise, and such trustees are compe tent to sell and give discharges for the proceeds of the sale and for the rents and profits of the estate, such trus tees shall re , present the persons beneficially interested in the estate, or the proceeds of the rents and profits, in the same manner and to the same extent as the execu tors or administrators in suits concerning personal es tate represent the persons beneficially interested in such personal estate ; and in such cases it shall not be neces sary to make the persons beneficially interested in such real estate or rents and profits parties to the suit, but the Court may, upon the consideration of the matter on the hearing, if it shall so think fit, order such person to be made parties. 31. That in suits to execute the trusts of a will it shall not be necessary to make the heir-at-law a party, but the plaintiff shall be at liberty to make the heir-at-law a party where he desires to have the will established against him. 32 That in all cases in which the plaintiff has a joint and several demand against several persons, either as principals or sureties, it shall not be necessary to bring before the Court, as parties to a suit concerning such demand, all the persons liable thereto ; but the plaintiff may proceed against one or more of the persons severally liable. 33. That when a demurrer or plea to the whole bill shall be overruled, the plaintiff, if he does not require an answer, shall be at liberty immediately to tile his note in manner directed by the 21st order, and with the same effect, unless the Court shall, upon overruling such de murrer or plea, give time to the defendant to plead, answer, or demur ; and in such case if the defendant shall file no plea, answer, or demurrer within the time so allowed by the Court, the plaintiff, if he does not re quire an answer, shall, on the expiration of such time, be at. liberty to file such note. 34. That where the defendant shall file a demurrer to ' the whole bill the demurrer shall be held sufficient, and the plaintiff be held to have submitted thereto, unless the plaintiff shall, within twelve days from the expiration of the time allowed for the defendant for filing such de murrer, cause the same to be set down for argument ; and where the demurrer is to part of the bill the de murrer shall be held sufficient, and the plaintiff be held to have submitted thereto, unless the plaintiff shall, within three weeks from the expiration of the time allowed for filing such last-mentioned demurrer, cause the same to be set down for argument. 35. That where the defendant shall file a plea to the whole or part of a, bill, the plea shall be held good to the same extent and for the same purposes as a plea allowed upon argument, unless the plaintiff shall, within three weeks from the expiration of the time allowed for filing such plea, shall cause the same to be set down for • amment, and the plaintiff shall be held to have submit ted thereto. 36. .1 bat no demurrer or plea shall be held bad and overruled upon argument, only because such demurrer or plea shall not cover so much of the Bill as it might by law have extended to. 37. That no demurrer or plea shall be held bad and overruled upon argument, only because the answer of the • defendant may extend to some part of the same matter as may be covered by such demurrer or plea. 38. That a defendant shall be at liberty by answer to decline answering any interrogatory or part of an inter rogatory from answering which lie might have protected himself by demurrer, and that lie shall be at liberty so to decline, nothwithstandi ng h e s h a ll answer other parts of the bill from which he might have protected himself by demurrer. 39. That where the defendant shall by his answer suggest that the bill is defective for want of parties the plaintiff shall be at liberty, within fourteen days after answer filed, to set down the cause for argument upon that objection only, and the purpose for which the same is so set down shall be notified by an entry to be made in the registrar's book in the form, or to the effect, fol lowing, that is to say, " Set down upon the defendant's objection for want of parties," and that where the plain tiff shall not so set down his cause, but shall proceed therewith to a hearing notwithstanding an objection for want of parties taken by the answer, he shall not at the hearing of the cause, if the defendant's objection shall then be allowed, be entitled as of course to an order for liberty to amend his bill by adding parties, but the Court, if it thinks fit, shall be at liberty to dismiss the bill. 40. That if a defendant shall at the hearing of a cause object that a suit is defective for want of parties, not having by plea or answer taken the objection, and therein specified by name or description the parties to whom the objection applies, the Court (if it shall think fit) shall be at liberty to make a decree saving the rights of the absent parties. 41. That where a defendant in equity files a cross bill against the plaintiff in equity for discovery only, the costs of such bill, and of the answer thereto. shall be in the discretion of the Court, at the hearing of the original cause. 42. That were a defendant in equity files a cross bill for discovery only against the plaintiff in equity, the answer to such cross bill may be read and used by the party filing such cross bill, in the same manner and under the same restrictions as the answer to a bill pray ing relief may now be read and used. 43. That in cases in which any exhibit may by the present practice of the Court be proved viva voce at the hearing of a cause, the same may he proved by the affi davit of the witnesses, who would be competent to prove the same viva voce at the hearing. 44. That where a defendant makes default at the hear ing of a cause the decree shall be absolute in the first instance, without giving the defend an t a d ay to s h ow ca use, and such dcree shall have the same force and effect as if the same had been a decree nisi in the first instance, and afterwards made absolute in default of cause shown by the defendant. 45. That every decree for an account of the personal estate of a testator or intestate shall contain a direction to the Master to inquire and state to the Court what parts (if any) of such personal estate are outstanding or [indisposed of, unless the Court shall otherwise direct. 46. That a creditor whose debt does not carry inte rest, who shall come in and establish the same before the Master under a decree or order in a suit, shall be entitled to interest upon his debt at the rate of 41. per cent. from the date of the decree, out of any assets which. may remain after satisfying the costs of the suit, the debts established, and the interest of such debts as by law carry interest. 47. That a creditor who has come in and established his debt before the Master under a decree or order in a suit shall b e ent i t l e d to the costs o f so esta blishing his debt, and the same shall be taxed by the Master, and added to the debt. 48. That in the reports made by the Masters of t e Court no part of any state of facts, charge, affidavit, deposi f on, examination, or answer brought in or used before them shall be stated or recited, but such state of facts, charge, affidavit, deposition, examination, or answer shall be identified, specified, and referred to so as to inform the Court what state of facts, charge, affidavit, deposition, examination, or answer was so brought in or used. 49. That it shall not be necessary in any bill of revivor or supplemental bill to set forth any of the statements in the pleadings in the original suit, unless the circumstances of the case may require it. 50. That in any petition of rehearing of any degree or order made by any Judge of the Court it shall not be necessary to state the proceedings anterior to the decree or order appealed from or sought to be reheard. 51. That the foregoing orders shall take effect as to all suits, whether now depending or hereafter commenced, on the last day of Michaelmas, 1841. F. R. BEDWELL, Registrar. ALLEGED NECESSITY OF THE CORN-LAW, TO COUNTERACT THE UN EQUAL PRESSURE OF TAXATION ON AGRI CULTURISTS. (From the Spectator.) Having in our paper the week before last reviewed the general arguments in favour of a restrictive Corn-law, we now proceed to those which have a special reference to the actual condition of Great Britain. The argu ments of this secondary class are generally put some• thing after this fashion—" Admitting, for argument's sake, that the Free Trade doctrines are true in the ab stract, the trade in grain in this country is an exception able case." It is asserted by the advocates of a restrictive Corn law, that there is a peculiarity in the condition of our agricultural interest, when compared with the condition of other classes of society, that would render it advis able to extend to them the protection of a law restricting or prohibiting the importation of foreign grain, if such a law did not already exist. And this peculiarity is said to consist in that interest's bearing more than its due proportion of national taxation. Even though it were proved that it did, the question would still remain—ls a restriction upon the importation of foreign grain the best way of redressing the inequality of the pressure of taxa tion ? Would it not be better to revise our system of taxation with a view to render its pressure more equable, than to subject the whole population to scarcity by Act of Parliament ? The agricultural interest consti tutes the majority in both Houses of Parliament : it, has the power of adjusting the burden of taxation according to its views of justice and expediency, or even its likings. If the agricultural interest do indeed bear more than its fair share of taxation, the remedy is in its own hands— it can equalize the pressure of taxation. If the power of taxing were in the hands of some other class, there might be reason in putting up with a substitute for jus tice ; though, even in that case, the compensating power of a law, which, by impoverishing all classes of the com munity (the agricultural class among the rest) rendered them all more sensible of the burden of taxation, might be questioned. But, waiving these considerations, we proceed to the question—ls it true that in this country the agricultural class bears a heavier burden of taxation than the other classes of the community ? This part of the subject cannot be passed over, though it has been too often discussed to admit of any novelty, beyond a passionless resume of exhausted statements. Five classes of burdens are enumerated by those who answer this question in the affirmative as bearing exclu sively, or with greater weight, upon the agricultural, in terest—Land-tax, Tithes, Highway-rates, Poor. rates, and Church-rates. Let us see the bearing and amount of each of these burdens separately. 1. The Land-tax. The Land-tax in England was fixed during Queen Anne's reign, in round numbers at 4s. in the pound ; the total rental of England being assumed to be 10,000,0001.; and consequently , the total amount of the tax being then 2,000,0004 per annum. Pitt gave the landlords the option of redeeming this tax at the same rate, notwithstanding the immense increase of rental in a century ; and they have availed them selves of the advantage to an extent that has reduced the amount brought annually into the national coffers to something short of 1,200,0004 The rental of all Eng land is at present estimated at 40,000,0004 In Scotland the amount of Land-tax was fixed in the reign of Queen Anne likewise at 4s. in the pound ; the estimated annual rental of that burden being then 200,0001. The amount of Land-tax paid in Scotland is consequently 40,0001. ; the annual rental is now 4,000,0004 In Ire land there is no Land-tax. The pressure of the Land tax upon the agricultural interest may therefore be easily estimated:— Annual Rental. Land-tax. Eng1and......... £40,000,000 Scotland 4,000,000 Ireland 13,000,000 Total... 61,000,000 1,240,000 The Land-tax of Great Britain is a tax upon rent, paid by a part only of the landowners of Great Britain ; and the ratio borne by the amount of the tax to the rental of the country is somewhere about sd. in the pound. In return for this the landowners are exempted from the Probate and Legacy duty. The annual value of all the real property of Great Britain, under the assessment for the Property-tax in 1814-15, was valued at about 60,000,000/. ; the annual value of all other property at rather more than 116,000,0001. Assuming that the proportions continue unaltered, it follows, the annual amount of the Legacy-duty on personal property being about 2,200,0001., that the annual amount on real estate, if exigible, would be about 1,138,000/. The exemption, thet efore, from the payment of Probate and Legacy duty enjoyed by the landowners, more than compensate them fur the burdens of the Land-tax. 2. Tithes. Tithes are not a tax paid by the land owner. Tithes are as much the property of the person to whom they are paid, as the rent is the property of the landowner. All lands paying tithe have been held from time immemorial, on the understanding that the tithe of the annual produce does not belong to the landowner. In buying and selling land, the tithe is constantly excluded from the estimate of its value. Doubts are entertained as to whether the right to tithes is absolutely in the Church, or held by it of the State upon certain conditions, the right of property being in the State—but the land lords' they certainly are not. The landlords, however, have contrived to acquire possession of the tithes in a good many instances. In England and Wales one third part of the land is tithe-free ; and of the remainder of the tithes one-fourth belong to laymen ; in other words, one half of the land pays no tithes. In Scotland a portion of the tithes is held by laymen, frequently by the owners of the land. When the tithe is paid to a lay impro priator, it is clearly of the same character as the fines or quit-rents paid by copyholders to the lord of the manor ; it is not a tax to the State. When tithe is paid to the Church, the only difference consists in its being paid to a corporation instead of an individual. The landowner has no more title to reckon his tithes among his public burdens, than the farmer his rents, or the merchant the interest he pays upon the borrowed money he trades with. Highway -rates. All the great lines of road in the kingdom are maintained chiefly by the money levied at the turnpikes from those who use them. There are many exemptions from the payment of tolls in favour of the agricultural interest ; none in favour of other classes. The farmer or farming landlord pays no toll for manure, or for horses going to the farrier, or for cattle going to pasture. For a circle of considerable radius round all our towns—along all the great lines of mercantile traffic—the chief burden of supporting the highways is borne by the non-agricultural classes. On all turn pike roads the agricultural class pays for the use of them at a lower rate than other classes. If parish-roads are made and maintained at the expense of parishes, streets are paved, watered, lighted, and kept clean, at the expense of the townsmen. In both cases, the road is made and kept up by the parties who make the most use of it. And this consideration leads us to the true view of the questior. :if Highway -rates are paid for making and repairing roads, full value is given for the money paid. The gain which those who pay the rates derive from the diminished expense of conveying their goods to market in consequence of the roads being kept in good travelling condition, is at least worth what they pay. If these highway-rates were not paid, the wear and tear of the agriculturist's horses, and the loss of time — incurred in struggling to market along unmade tracks, would take more out of his pocket than the High way-rates do. Highway-rates, paving, and lighting rates, and turnpike-dues, are the means that have been fallen upon for the purpose of apportioning as nearly as possible the share of the expense of maintaining roads paid by each individual to the use -he makes of. thorn. If a great number of our road-trusts have run in debt, and if our landowners and their tenants be responsible for these debts, they incurred that responsibility by taking upon themselves the sole management and bungling it. 4. Poor-rates. This is an unlucky topic for those who maintain that the heavier burdens borne by the landed interest entitle them to a monopoly of the grain -market at home. The new Poor-law was stoutly supported by the landlords, and the new Poor-law has materially di minished the amount of their assessment to the poor. They ought to abate proportionally the amount of pro tection they claim in the shape of a restricted duty on imported grain : are they prepared to do this ? But let us examine their allegations more narrowly. It is not agricultural property alone, but every kind of im moveable property, that is liable to the Poor -rates. Thf. t the expense of supporting the poor under the old law was greater in agricultural parishes than in towns, was owing in no small degree to the worse management which pre vailed in the former, and the vicious principles upon which relief was administered. No one is entitled to claim relief for expenses incurred by his own misma nagement. Again, were it not for the constant drain of population from the agricultural districts to supply the demands of the great manufacturing towns for labour, the Poor-rates of the rural parishes would be much heavier. A considerable pro portion of the employed labourers of our manufactur ing towns would, but for these marts of industry, have been rural paupers ; and few if any of these immigrants from the agricultural districts are sent back as burdens to their native places when they become unfit for labour or unable to obtain it. Allowance must be made by the agriculturists for the large number of paupers taken off their hands by the manufacturers. Lastly, the Scotch agriculturists pay literally no Poor-rates, and the Irish agriculturists have only paid for a year or two a trifle not worth naming. The estimated annual rental of Scotland and Ireland is about 17,000,000--within a trifle of half of the estimated annual rental of England. The annual amount of Poor-rate paid by the 'holders of one-third of the annual rental of the empire is less than a farthing in the pound. The discrepancy between the amount of Poor-rate paid by the owners of the remaining two-thirds And the other classes of society has been ma terially diminished by the operation of the new Poor law ; and from the app arent excess w hi c h st ill remains, must be deducted the labourers born in agricultural dis tricts who find employment and even support from the Poor-rate in our towns. 5. The Church-rates are not paid exclusively by the landlords and their tenantry. The shopkeepers pay the Church-rates in towns, as the landlords and their tenants pay them in the rural parishes. The whole country contributes to the upholding of the Irish churches. And if the heritors of Scotland are held bound to build and repair churches and manses, this is a very inadequate return for the amount of tithe which they contrived to appropriate to themselves. It appears from'this examination, that four out of the five cases of alleged excessive pressure of public burdens upon the landed interest—Land -tax,' Tithes, Highway rates, Church-rates—are utterly untenable ; and that the fifth, the Poor -rate, has been much exaggerated. In re lation to this tax it must kept in mind, that the excess of pauperism of which they .complain is in . no small degree occasioned by the Corn-law itself. By creating an artificial scarcity, it makes paupers. And it must also be remembered, that in addition to the exemption from Probate and Legacy duty, which we broughtforward as a set-off against the Land -tax, and the exemptions from turnpike-dues, there are yet remaining several exemptions from taxes to which other classes are liable, which go to compensate any possible excess of Poor-rate to which the agricultural classes may. be liable. All horses engaged in husbandry are exempted from the duty paid upon all other horses engaged in labour. The agriculturist may keep as many shepherd's or herdsman's dogs as he pleases without tax; the artisan or shopkeeper cannot keep a watch-dog without paying a is exempted from the window yfatrimiiser'Disedaanisryinany duty. 3. ; and The b agriculturists escape that impost altogether, although they inhabit houses that would render any non-agricultural occupant liable to it. Upon the whole, therefore, the nearest possible ap proximation we can make to the comparative pressure of taxation on the agricultural class, and on the other classes of society, would lead us rather to believe that they are under-taxed than that they are over-taxed. At the same time it is clear that an artificial scarcity— rendering all classes of the community poorer—never could enable an over -taxed class to bear its burdens more easily. WOOLWICH, SEPT. S. NAVAL INTELLIGENCE. The Carroll steam-vessel, Second-Master E. C. Rutter (act.) arrived at Woolwich on Saturday, from Plymouth, to have her defects made good, and will leave early next week for Bermuda, where she will be employed as a tug. The Comet steam-vessel, Lieutenant-Commander F. Chevalier Syer, arrived at Woolwich, on Tuesday, from Sheerness, having towed the Pique frigate, the flag-ship of Vice-Admiral Sir Charles Adam, C. 8., from the latter port to Spithead. The Rhadamanthus steam-vessel was towed to Wool wich from Sheerness on 'Wednesday by the Monkey and African steam-vessels. The Ithadamanthus is to be fitted up as a steam troop-ship, and Mr. Thomas Laen, master of the Royal Sovereign, is appointed to command her, and Mr. W. 11.. Bateman, clerk in charge. The Heroine, 10 gun brig, recently launched at Wool wich, was commissioned on Wednesday by Lieut. Thos. D. Stewart, and, it is said, will be employed in the packet service. _ The Siren, 16 guns, is nearly completed. Lieut. Tho mas Sibbald, has been appointed to her, vice Morris, to the Harlequin, at Chatham. Mr. James Laird has been appointed surgeon to the Siren. The Volcano steam-vessel was commissioned on Sa turday last, by Lieut. J. West.. and Mr. F. Gilbert has been appointed clerk in charge. The Avon steam-vessel, Lieutenant Charles Jenkin, has been appointed to command her, vice Pritchard, promoted. - The Lightning steam-vessel, Second Master J. H. Ashton, promoted to the rank of master. The Dasher steam-vessel, Second Master John Jarvis, has been promoted to the rank of master, and appointed to command the Driver steam-vessel at Portsmouth. The Vixen steam -vessel has been commissioned at Chatham by Commander Henry Boyes, and Lieutenant Buchanan, late mate of the Lightning, has been appointed to her. FURTHER EXPERIMENTS WITH PERCUSSION SHEELS AT WOOLWICH.—The Committee of Officers of the Royal Artillery appointed to watch the progress of the experi ments with percussion shells in the marshes at Woolwich and report thereon, have, in the handsomest manner, supplied, Mr. Reece with twelve new shells, and the experiments with them will take place next week, but the day has not yet been fixed. It is understood that Mr. Napier will fire some of his shells on this occasion, and from the experiments already made, it is evident the shells invented by these gentlemen will succeed. STATE OF THE WEATHER AND • CROPS. (FROM THE LATEST PAPERS) From Wednesdaylast u - pto this day (Wednesday) there has in this part of the country been a succession of the finest weather for the progress of the harvest that could have been wished. for. Much corn was cut during the past week, and a good deal of wheat in and south of Dritheld has been stacked `and secured in good condition. In viewing the crops there is one peculiarity of the season remarkably conspicuous in the different degrees of ripeness. Whilst some flats have assumed the beau tiful autumnal tinge and ripe appearance, others in the very same locality are grassy green, but a little longer continuance of the present beautiful weather will soon bring them all up to the required mark. The stems stand well upon the ground, considering the wet and tur bulent gusts the crops have had to contend with.—Hull Advertiser. With the exception of Tuesday the weather during the past week has been exceedingly favourable for harvest operations. Many fields of wheat and oats in this neigh bourhood have been totally cleared. The crops are stated to be nearly average ones, and the corn is in good con dition. Should the fine weather continue for two or three weeks longer we may hope to escape for another year the curse of scarcity with which we were threatened by the baneful influence of our Corn-laws.—Hull Advertiser. EAST RETFORD. — The harvest progresses rapidly in this neighbourhood, and during the week (with the ex ception of a few hours slight rain on Wednesday morn ing) the weather has been fine. We believe that nearly the whole ofithe wheat in this district is housed, and we hear from all sides that the yield is fully an average one. The fears of scarcity are altogether at an end, and the hopes of the Anti- Corn-law gentry have consequently sunk to zero. Up to yesterday we had a succession of beautiful weather, but in the afternoon a very heavy thunder-storm visited us, and the appearance pf the atmosphere in the evening did not betoken such settled weather as we have been favoured with of late.—Cambridge Journal. AsuntrirroN.--We have had beautiful weather this week, and harvest is going on rapidly. The corn, on many small farms, is nearly carried in—should the fine weather continue a few days longer, the great bulk of corn in this part of the country will have been saved well.—Shooting has commenced, but birds are rather scarce at present—mostrobably they lie in fields where the corn is not cut.— K estern Times. Thanks to an ever-bountiful Providence, we have been favoured with another week of extraordinary tine weather, more than three-fourths of the Wheat crop is now in perfect security, and (with but very filw exceptions) har vested in excellent condition. A small portion remains to be cut, but the present will nearly bring the whole business to a conclusion. Barley harvest is proceeding with as much dispatch as circumstances will permit, but in consequence of the superfluous moisture with which the land was saturated immediately previous to the commencement of the harvest, together with the sudden alteration of the temperature since, the young clov ers have grown so rapidly, and obtained such an ascendency over the barleys, with which they are intermixed, that unless due precaution is taken and sufficient time allowed between the cutting and carting, it is somewhat probable that the grain will be more or less injured by heat generated in the barns o r stacks.—Norfolk Gazette. The Orchard-Portman Hop Grounds, near Taunton are now in uncommon luxuriance of mature growth. The crops will be singularly profuse. Hop picking will commence in about a week.—But/ Herald. We have had another week of glorious weather for the harvest ; shearing has commenced on .every side, though as yet but slightly in the immediate vicinity of the town. The earliest corn actually gathered here was a parcel of oats sold in our market on Tuesday : but we were told yes6ciday that not only were the sickle and the scythe busy at work, but that in one instance a fine crop of oats were passing through the threshing machine in the open field. The favourable change in the appearance of the fine standing crops, within the last, few days, and the concomitant fall of prices in the market, have been most exhilirating.—ShOield Mercury. LEEns.—The glorious weather of the last moon, from the new moon on Monday, the 16th of August, to its full on Wednesday, the Ist of September, has given to the prospects of the corn crops of the present year an es sential improvement. A tolerably extensive tour in North Wales, Shropshire, Cheshire and Lancashire, with close ob servat i on of the state of the harvest, has convinced us that the gloomy apprehensions so naturally excited by th e wet and stormy weather of the six pre ceding weeks, alon g w i t h concurrent accounts, rece i ve d from other part s o f t h e kingdom, that we may fairly cal culate upon an average produce of grain, and upon a considerably larger produce, taking all kinds of corn into account, than we have had for any one of the three years preceding. The state - of the harvest in the dis trict we have mentioned, from the source of the Dee to the Mersey, and from the Mersey to the Humber, being divided into four parts, may be thus represented :—One quarter as uncut, but nearly ready fur the reapers ; the second quarter as p ar tiall y reaped ; the th i rd as reaped and standing in the fields in sheaves ; and the fourth as secured in the stuck-yard. These proportions will be materially altered by each successive harvest-day ; but this may be taken as the present average of the king (loin. for, while in the great corn counties the corn is chiefly carried, in the North of England, from the Tees to the Tweed, and in many parts of Scotland and Ire land, the corn harvest has only just commenced.—Leeds Mercury. NEWNFIAM PADDOX. The Hon. Douglas Pennant, M.P. for the county of Caernarvon, has taken Newnham Paddox, the seat of the Earl of Denbigh, as a country residence, fiw two wars.—! oventry WORCESTER, SEPT. 7.—The hop plantations are progressing very favourably, the weather continuing so suitable for their growth, the produce will be fine in quality, and of an average quantity. We hear of some early grounds that will commence picking on Monday next. The duty is now supposed to reach 20,0001.• We have inquiry for fine samples, but the stocks are so low, that we have scarcely any on sale. Very great • excitement prevails at the present moment in Hamburgh, owin, to the capture, by an Eng lish cr tizer, of a vessel under the Hamburgh flag, on suspici ,n of being engage 4 itl the slave trade. SPIRIT of the PUBLIC JOURNALS. FROM THE MORNING PAPERS OF SATURDAY GLOBE.—Yesterday was a grand day fin- the Tories, and the dreims of power which they have long indulged are at last substantially realized. The official seals, which, like the air-drawn dagger of Macbeth, have so long, with " the handle towards the hand," been hover ing above the heads of the leading,Conservatives, are at length firmly in their clutch—visions of Treasury boxes, and bundles of papers tied together with red tape, are no longer . _ _ " False creations, " Proceeding from the heat-oppressed brain;" but are now as sensible to the touch as to the eye ; and Sir Robert Peel, instead of starting up under an attack of nightmare, and screaming for a Treasury messenger, has at length substantially under his com mand the whole troop of underlings in the employment -of-Government. It would be unfair to ask, at this mo ment, what the new Ministers mean to do ; for, in the first flush of triumph at having been really installed into place, it is probable, that, so far from knowing what they mean to do, they are not quite aware of what they are actually doing ; and as excessive joy is said occasionally to place a man in some uncertainty as to " whether he is standing on his head or his heels," we suspect that many of the new Cabinet are in the condition when it is diffi cult to determine which happens to be uppermost. We should be rather inclined to say that the head had lost its proper pre-eminence, and that the heels had gained the ascendancy, when the new Cabinet galloped off post haste from Claremont, leaving their Royal Mistress, a s th e St an d ar d t e ll s us th e y did, to eat her dinner alone, after the Sovereign had made it a special request—not a command, as her Majesty might have done--that her recently appointed advisers should stay and dine with her. They must indeed have been intoxi cated with pleasure when they committed such a gross breach of etiquette as that which their evening organ im putes to them ; and history will record the fact, -that the first act of an Administration that had forced itself on the Crown, without invitation at all, was to prove its contempt for the Royal wish by rudely refusing to comply with the first personal request that the Sove reign had the unprecedented condescension to make to her Tory Ministers. But they had got their seals, and, like children with a new toy, they must go home to play with them. As to Sir James Graham, he could nut rest a moment, but must drive to Downing-street ; and the Earl of Aberdeen also " transacted business" at the Foreign Office, which, as the Government apart mutts were all being swept and scrubbed, must have been got through amid the din of pails, brushes, and charwomen. STANDARD.—A change in the cost of producing corn may have occurred since 1828, and such a change . would be as good a reason for modifying the scale of protecting duties as a change in the value of money. Whether a change in the cost of production has occurred since 1828, we are not in a condition to say with any certainty; but if it has, it must be plain that the scale of duties necessary for protection in 1828 i s no t necessar y . 1841. The purpose of every such scale is to protect agri culture from deterioration, and to encourage its advances; whatever goes beyond this is unjust, and injurious in more ways than one to agriculture itself, as it would not be difficult to show; but for our present purpose it is suffi cient if we have explained that a preference of certain definite pecuniary arrangements, several years ago, is no proof of an opposition to other duties at present, while the principle of complete protection is maintained. It is, however, unnecessary to say more of the Corn laws, because the present Conservative majority was, in fact, elected mainly with a view to maintaining the principle of these laws, for which the Conservative ma jority of the 24th of May unreservedly declared itself. Upon the Corn-law question, therefore, there is not the most remote danger of a division among Conservatives. ' Ireland —but here the chances of Conservative division ' are, if possible, still less to be anticipated. We give below gratifying proof of the absence of such danger. There is indeed in the defensive position of a Conservative party, and more particularly of a party resisting great and terrible evils, a principle of union ' which can scarcely exist to the same extent in any other party. Such a party having no aggressive purposes, can have no motive for a separation which the surrounding peril proves to be fatal. Were the Conservatives now to divide, they know who would succeed to power, and what are their designs —not the Whigs, from whom mischief might be apprehended ; in moderate mea sures, they are extinct—but the motley crowd of free traders, Infidels, Radicals, and political Romanists, agreeing in nothing but in seeking the destruc tion of whatever the Conservatives hold dear. The next change of Ministry in this country will, if men hold to their present temper, be a change from monarchy to republicanism in Great Britain, and a dissolution of the empire. This it is which distinguishes our present state and duties from what they were at any former pe riod ; and we have, happily, another distinction. Leaders of parties are as prone to mistakes as the humblest of their followers ; and though we believe Sir Robert Peel to be as able, honest, and upright a Minister as ever go verned the country, we claim for him no infallibility, and we rejoice to see that he is not exposed to the tempta ' Lions to error before which some of his predecessors have stumbled. COURIER—There are few things in this world so thoroughly evil to the core, as, when thoroughly sifted and examined, not to be found capable of yielding some proportion of good. As in the physical world, the meanest and most malignant creatures ha ve th e i r p ro p er uses , if we could but discover them, so events and occurrences in the political world, which short-sighted mortals are wont to look upon as portending nothing but disaster or cala mity, too often prove the means of multiplied benefits to the nation, and of its ultimate safety. 'Thoughts of this kind naturally suggest themselves to our mind when we contrast the former palmy state of the party lately in power with their present crippled condition. Far be it from us to indulge in shouts of unseemly triumph over the vanquished ; the defeated are entitled to commiseration—the fallen to forbearance ; but never theless a salutary lesson of political wisdom may be read in the causes that have led not only to the over throw of the late Cabinet, but to the utter prostra tion of the Whig party. The most conclusive proof that the Whig Ministry had far outlived its allotted term of life, is, we think, to be found in the fact that in the first division that took place in a Parliament con vened at their own time, and under their own auspices, they found themselves in a minority of 91 ; and that party in the State which lately claimed for itself the dignity of power, and assumed the re sponsibilities, can now hardly muster strengths enough to present a tolerably decent front in opposition. POLICE INTELLIGENCE MANSION-HOUSE. THREE POLL ONE.—A respectable man, named Wood, was charged -by City policemen, 646, 669, and 645, with having assaulted them. The policemen stated that the deendant was in Bi shopsgate-street the night before in a state of intoxica tion, and that he suddenly went up to two women who walking quietly together, and tripped one of them so that she fell like a log. One of the policemen asked the woman who was thus ill-treated whether she would give the defendant in charge, to whi c h s h e rep li e d that she would no t, as h e was drunk. The defendant then went on and the women followed him, and he abused them dreadfully, and annoyed the whole neighbourhood. Upon being expostulated with, he attacked the police men, who found it necessary to secure him and take him to the station .house, where he tore the coat of one and violently assaulted the rest with hands and feet. The defendant declared most solemnly that the state , ment just made was in all the leading features false. He was passing soberly and quietly along Bishopsg,ate-street, when one of the two women alluded to put her arm round his neck and asked him to give them some drink. He pushed her away—they both followed him, abusing him in the most filthy manner, and he called to one of the officers to take them in charge. The policeman refused to take them in charge, and he (defendant) said that he would report the policeman who refused to do his duty. This was the si gna l f or a ll sorts of maltreatment ; a desperate attack was made upon him by the three police men, who dragged hi m t o th e stat i on -h ouse, beat him with their staffs and put handcuffs on him, although he had never committed an assault upon anybody. He ad mitted he resisted when they were putting the handcuffs upon him, but who could endure such an indignity ? and he positively asserted that one of the policemen was with the girls and was quite ftuniliar with them. The women did not make their appearance. The LORD MAYOR asked the policemen whether they were correct in stating that the defendant struck them aIL? They all answered in the affirmative, and said that they never had so violent and uncontrollable a man. The Defendant—l'll take my solemn oath before God that I never struck a blow. The LORD MA.Yon—Have you any witnesses ? The Delendaut—No, my Lord. I was by myself, and I could not have witnesses in a station-house. The Loan MAYOR—I am here to take evidence, and those three men swear that you assaulted them. You must find bail. The Defendant—What evidence can a man who is walking home by himself be expected to have against a set of policemen who take the part of prostitutes, and handcuff him and beat him desperately? My hands are cut to pieces by these men, and it is only necessary for three or four of them to get together and trump up any story. It is really a dreadful abuse. The Loan MAYOR—You must find bail. If you have any complaint to make against the policemen, you must go to the City Police Commissioner. The defendant found bail immediately. We have not heard whether the Commissioner entered into the inquiry. BOW-STREET, SmottruLPosmoN.—On Saturday Thomas Green the keeper of a marine-store shop, in Clement's- lane, appeared to show cause why he detained two metal spoons, the property of Sarah Cain. The complainant stated that she was a widow, and having been ill for several weeks, she was compelled to pledge a variety of articles, in order to procure food for herself and child ren . Ab out a month since she took the spoons in question an d some ot h er things to the defend ant's shop. and he advanced her one shilling upon them, and for which she paid him twopence a week interest. At the expiration of a month she went to relieve them, when the defendant gave her up the other articles, but denied all knowledge of the spoons. Mr. JARDINE inquired whether the defendant was a pawnbroker ? The complainant replied in the negative ; but said he was in the habit of' advancing money to pOor people like herself, on various articles brought to him, and for w hi c h he charged i n t erest . li e di d not give them any dupli cate. but entered a list of the articles &posited with him in a book, which was kept by himself. Oti one occasion he advanced her 2s. 6d., fim which he charged her stl a week interest ; and she paid him 4s. 2d. for ten weeks' interest (a tolerable per tentage!). Mr. JARDINE said the defendant had got himself into a serious scrape by acting as a pawnbroker, without being li.!ensed so to do. The complairiant said it was a common practice with rnarine store-shop keepers and others, who took ativan- t.►ge or t tnisl'ortuilt'Js and advanqd them money on article terest the amount she had first stated. le3 of roor peopli ;, charging fur in- Mr. JARDINE said the defendant's charge for interest was most exorbitant, and a shameful imposition on poor persons like the complainant. He was not aware that such ineamous frauds were practised on the poor, and would do all in his power to put a stop to them. The defendant declared that he never advanced money on goods. He bought them, and if the parties chose to re purchase them at the expiration of a week, or any other time agreed upon between them, he allowed them to do so on their paying him a trifle for warehouse-room. With regard to the complainant's spoon; he had never seen them. Complainant having called a witness who was present when she delivered the spoons to the defendant, and proved that fact, the defendant called a witness who act ed as his assistant, who swore she did not see the spoons among the things brought to her master's shop by the complainant. In answer to a question from the worthy Magistrate, she admitted that the defendant was in the habit of buying goods for a limited time, such as a week or a month, and when he re-sold theta he charged the par ties for warehouse-room. Mr. JARDINE said the defendant's cunning would not shield him from the penalties to which persons were lia ble who practised as pawnbrokers without being duly li censed. He thee ordered the defendant to pay complain ant the value of the spoons. and also the costs of the sum mons, which he reluctantly did. Mr. JARDINE then directed the clerk to take down the names and addresses of all the parties, with a view to ul terior proceedings against the defendant, and a t th e same time expressed his determination to put down such an abominable system of imposition as that prac tised by him. net; are scores of these pawn-shops in London, where the business is carried on openly, and under the very noses of the police, who, however, take no steps to put them down. By the Pawnbrokers' Act (25 George III.) it is enacted, that every person who shall exercise the trade of a pawnbroker shall take out a licence, and renew the same annually, under a penalty of 501., and that all persons who shall receive any goods, &c., by way of pawn or pledge, for r e p a y ment of money lent thereon, shall be deemed pawnbrokers. THAIIIES-OFFICE. CRIM. CON. EXTRAORDINARY.—THE BLACKSMITH AND HIS WlFE.—David Row Lind, a blacksmith, was brought before Mr. Broderip for final examination on a charge of stealing property to a large amount, belonging to James Ruggett, of Bristol. The prosecutor is a striker in a blacksmith's shop at Bristol, and the prisoner, who occupied a room in his house, was a fellow workman. On the 10th of August, the prosec'utor's wife left her home, and when Ruggett came home on the evening of that day, he found that two pigs, worth 71., had been removed from a stye and sold by his wife for 41.; she had also taken away two suits of clothes belonging to him, a tea caddy, a green box containing property worth about 501., and other articles. The prosecutor told his friends that he had lost his " old woman" as well as his pigs, and they all sympathised with him except the prisoner, who laughed, 'and said it was a good job, and that Ruggett ought to be delighted he had got rid of such a wife. On the following Monday, the 10th, the prisoner left Bris tol by the railway, and the prosecutor ascertained that his wife had only left the city an hour previous, and that she was joined by the prisoner at the Bath station, and they both set off for London in the same train. Ruggett could hear no tidings of his wife until Saturday last, when he was informed by letter that she was living with the prisoner in Park-street, Limehouse. He came up to London immediately on the receipt of this intelli gence, and was passing the King's Head public-house in Limehouse on Tuesday evening, when he saw the prisoner in the tap-room, and at once gave him into custody. The only articles found in his possession be longing to the prosecutor were a handkerchief and a knife, which he identified, but Ruggett's wife, with the most unblushing effrontery, said she had given them to her paramour, and that she took the pigs and other property from her husband's premises to support " Davy, and that she dearly loved him. Mr. Broderip was much disgusted with the woman's conduct, and said she was an adulteress, and he would not hear anything she had to say. Mrs. Rowley, a lodging-housekeeper, in Park-street, Limehouse, said the prisoner hired lodgings for himself and Mrs. Ruggett, whom he called his dear Mrs. R., on Wednesday, the 18th ult., and brought a good deal of property to her house, which had been seized by the po lice since the prisoner had been in custody. The prisoner, in defence, said the knife and handker chief found upon him were given him by Mrs. Ruggett, and that she ran away with him instead of his running away with her. 111 r. BRODERIP said he should commit the prisoner for trial on the principle of law, that if a man and the owner's wife jointly take away the husband's goods, it may be felony in the man, though he was acting jointly with the wife. The " dear Mrs. R." cried bitterly, and hung over " her dear Davy" for some time on hearing the decision. POLICE CORRECTIONNELLE. The heart of a man is as tough as a flint, and as hard as the nether millstone. The heart of a woman is an inex haustible fountain of love and tenderneEs. At her tenth year the young girl loves her mamma ; at twenty, the youthful epousee doats, or is presumed to doat, on her husband ; at fifty, the lady on the decline seeks solace in the love of God ;. at sixty, the poor old widow, or vecille fille, loves to distraction her poodle, cat, nor pm-- roquet, but en revamhe she has a fine collection of pigeons, and concentrates upon them all those sparks of lingering attention which yet find a resting place in he atne refroidie. At the rear of the apartment which she occupies in the Faubourg St. Martin she has constructed with true ornithologic intelligence, a long and 2.ommo dious aviary for her cherished pets, which are thus per mitted to enjoy a sweet, a peaceful, and above all, a com fortable existence. Dame Tonnard each evening, having first assured herself that her winged prisoners want for nothing, closes their doors and windows, and early next morning comes to restore them to liberty, a privilege of which they avail themselves with much more prudent forbearance than the bulk of mankind. After having fluttered during the allotted period from roof to roof,and journeyed from house to house, they return at dewy eve to the maternal nest, and enjoy that repose and security which is only to be found under the shelter of the Penates. In front of Madame Tonnard's apartment there lives an old employe, named Lebuis, who has purchased by 30 years' service the right to rise at whatever hour he pleases, and do exactly as he likes from morning to night. Lebuis has also his petite passion—a passion as harmless and innocent as that of his fair neighbour. Lebuis culti vates, trains, and tends throughout the entire length of his three windows a garden of eight good feet by 14 inches. There the fragrant honeysuckle caresses with the amorous embraces of its picturesque branches the graceful jassmine and majestic dahlia. Not an hour in the day passes without Lebuis visiting his floral trea sures, and, according to their momentary necessities, ex posing them to the rays of the sun or sheltering them from his too great intensity; while, regularly as the shades of evening descend, with a carafe of filtered water he imparts new life and freshness to drooping leaf and withered stem. Upon that rarii,y, a fine clay, in the late lugubrious July. Lebuis perceived with the clairvoyance of a true horticulturist, by certain infallible signs and tokens, that his flowers had been rudely visited during his temporary absence, pecked, deranged, defiled. He lay in ambush, and was not slow to perceive a plump-breasted pigeon disporting amongst the leaves of his delicate treasures, and turning up the earth beneath them with its beak, in the hope of finding there some grains of seed s u it e d to its appetite. He easily seized the indiscreet rover, and the first movement of his indignant soul was to twist the bird's neck ; but, moved with compassion at the sight of the graceful creature, whose plumage glittered in the sun like a collar of sapphires and emeralds, Lebuis abandoned his avicidal project. Determined, neverthe less, to prevent the recurrence of so dire a disaster, he attached to the pigeon's neck a piece of writing, upon which his complaint was engrossed in due form,•and let it loose. That same evening, Dame Tonnard, having proceeded, according to custom, to inspect her little aviary before going to bed, was not a little astonished to perceive a paper suspended to the neck of ono o f t h em. With a tremulous hand and fluttering boso m s h e un f o ld ed the billet (could it be a billet dour?), an d rea d as f o ll ows : "Madam—l have the ho nour t o acqua i n t you, that if you do k ee p y our pi geons f rom ravaging my gard en , should I catch them he rea ft er w ithi n my enciente, I s h al l L e E , B ro U n l n S a , rd Eni m p ii l v o e y r -e. l 'i ke eat them boiled aux petits pois. " Your humble servant, passed a sleepless night in reflecting on This horrible threat made Dame t a h n e a c s ( p m e d n Oct S w h h e ich it was befitting that he should pur ; and the y her with the following reply, evilsu e in counsellor,s uc h atl e i t n n s e p r i g r e e n d c night, this time an which she despatched to her ruthless neighbour by her carrier.pigeon : " Monsieur—You are an impertinent fellow to dare to threaten my birdS ; an d i f be an you kill them, you will old assassin.—Your servant, Lebuis's reply w " VEUVE TONNAEII." as conceived in these terms : " Madame Tonnard—You are an old fool, the worse for being old. If your birds return to-day, they shall be digested to - morrow.—Not at all your servant, " LEBUIS, Employe." The correspond ence en d e d here ; not so the quarrel, 4, a very pretty one as it s tood." For many following days ; from one window to the other the neighbours ex changed the most injurious reproaches, to the great an noyance of all the a djacent inhabi!ants, whose repose this intestine war most grievously disturbed. Accord ingly, those who were most litigiously disposed amongst them s e t on th e pair to make the Commissary of Police the judge of the trivial difference. This counsel was rashly followed • and a reciprocal comp / laird havi ng b een lodged before ihe Procureur du Rol, the affair was discussed at the Police Correctionnelle, where both parties appeared at once as plaintiffs and defendants. Th e Tribunal, having heard with a d m i ra bl e patience the reproache s and recriminations of the rival parties, in consideration of the common category of" faults on both sides," dismissed the paxtis dos a dos, having first taken care to warn them how they went to law for the future, by making them share the costs equally between them. PED ESTRI A NISM.—TIIIII-10w had accomplished one half of his task at Richmond-hill Gardens. at twelve o'c.ock on Tuesday last, and has now completed 570 out o f 1,000 miles in 1,000 successive hours. He shows no symptoms or distress, but expresses full confidence of being able to finish his arduous undertaking.—. Norfolk Gazette, THE MARKETS-SATURDAY. WHITECHAPEL MARKET. t Beef, :2s. 6 , 1 to 4s. 2d. ; Mutton, 2 i . to 4s. 4d. ; ;eal ' 3s. 4d. to ss. ; Pork. 3s. 4d. to ss. 4d.• Lamb, 45. to ; Clover, 31. to 61. ,6,. ; Meadow Hay, to 41. ss. ; Straw; 21. ss. to 2/. 10s. The supply of country killed was to-dal extremely small, with a very good demand. Ihe s udden change in the weather a'une caused the ri se i n p r i ces ; bact, t e 7 heat continued the packed meat would h ave b ee n spo'' Abundance of town-killed meat. TEA MARKET. The Market was very dull, and prices were further clePres se l on account of the advice. stating that large parcels of Tea h e t been received at Canton, and s o m e ship s h a d sa il e d. The l'e"" of Company's Congou was Is. 9d. cash. TALLOW MARKET. Prices steady with a fair demand. P. Y Candle 495. 3J. 0 the spot, and 492. fur delivery in the last thiee months. OIL MARKET. The demand was good f or a ll sor t s o f Fi s h Oil s. P a l e ••— c ' di 351. ; Cod, 281. 10s. ; and Linseed Oil, 311. per cwt. FRUIT MARKET. Currants met a fair demand, and prices were firm. The supply small. Raisins in good request. MEI ALS. Lead in brisk request, and prices firm. Steel sold steadily Iron in good demand. ETS. Oats. Beat Tea° a. to a. 24 33 PS .27 el 33 24 t 8 2J 32 t 6 S 2 28 3t 23 30 s. to s. 40 47 36 40 42 46 40 41: 30 44 43 25 20 22 34 25 3► t,5 27 3 ►► 32 26 32 40 ii 40 44 40 44 66 46 - 41 2. 26 33 4L s. d. s. d. 36 40 r 31ARKI . 000000 ••••••••I s. d, 0. d, 50 70 725. 76s 70s. lag. Its. ?vs. 765. 298. 30s. 2Ss. Sts. , 22*. 235. ISs. 20s. 225. 365. 38s. 425; s. 365., 353. 365. 355.103. sto I;2A. 57.. 61. —l. 33i. 54 ARM'S. MIN MARKET., COUNTRY CORN MAR 1 Wheat. Barley. Per Quarter. Abingdon Andover Uzi nbriry Basi. gstoke Cirenc..ster Coventry Daventry I .32rbv Howilen Hungerford Malton Mai...enhead Nottingham Wantage Warwick Winchester York to S. 64 7ti i•C 78 64 74 E 4 62 63 72 ;3 76 a. to a. 2) 34 ¶.l 35 U 40 32 38 50 '7B fib 5.4 GI i 70 63 8u 33 40 3S 44 34 :11; 76 70 7S Per Bushel Birmingham s. d. s. d. 74 VI 6 Wheat, Barley, Oats, 29 37 ::() 32 35 32 38 at 3 i 3.1 33 - 30 34 s. d. s. d. 36 46 I'LL CORI, er Quarter), , Whit( ( Red Foreign , , Melting , Grinding tritish 'oreign (in bond) Beans Pease, Grey White Linseed and White Linseed Flour (per sack).. ....... Rei eseed per ;0 quarters) S( EDLN. A. s. 14 4% SS -- d 39 , - 41 1 ...• 4°. it) - ~ _. s a. ae ea 18s. OTCH D. SUROH Ci Wneat. Barley. Oats. Ina. Find BQs.Od Od. 20s. 4d. 455. Od. Second 7t 0 35 0 27 0 41 0 Third Average price ot Wheat S/.161 ed. Pel t ' 0 43 PRICES OP PROVISIONS. SEC. - Beef, per fu. Os. sd. to 08.6 d. Fresh Butter, Its. le Od to f• I 0 5 0 7 Salt Ditto 010 0 l Vea1......,,,.,... w w w 0 7 010 Ditto, per cot t. — o B6 o 90 9 POTIC•••••••••••••••••••••• 0 5 0 7 Eggs, per dot... 6 6 0 Lamb, per qr. 1 6 4 6 OatStraw(kpl.).. 6 0 6 0 Fallow, 0 42 0 Wheat Ditto.... 5 7 Quartern Loaf 81 0 9 Barley Ditto 6 0 1 0 r0tat0e5,141b...... 0 0 0 i Hay, per 011 1 EDINBURtiII MEAL MARKET Per Sack of 2801 b. Imp. Per Stone ot 141 b.. Imp I First Oatmeal 42 0 (. First Oatmeal .£0 g I second 10 0 Barleynteal T • 1 g I 8 0 Peasemeal o Potsemeal Pot Barley from .. 20s. to 455. per sack CORNWALL MARKETS. (Calculated at 24 gallons to the bushel.) --- Wheat. Barley. H 21 , 2 44 s. d. to r, d. s. d, t• s. d, a. st, to t, 11 Truro — 0 10 i 0 3 8 -- 0 f, 0 Heists:le — . 1) 6 0 30— 0 ! 0 St. Austell 0 7 7 0 3 1 0 3 0 Bodmin 0 88— 0 4 4 2 iskeard 0 76 0 3U_ 0 0 f e Launceston Catmlford39 0 10 0 2 o ti 3 4 3 2 s o 4 ; - , Penzance 7 8 8 , MINING INTELLIGEWCE. To . o „Cwei ll 2uantity of Copper ures sold at Redruth l ast week... 4,638 U Average Produce . 6% 0 ni Vumt yof tine Copper Amount of sale. 26.990 . 15s. lid —Averages tan dark li8:3451•"-- PROPOSED AMPHITHEATRE AT LEEDS ,.. „ We understand that a project has been s e t on f oo t Wit . the auspices of a Joint-Stock Company, to erett a 513 :A stantial and commodious building, to be so co os truc as to admit of being converted, without additional es pense, into a spacious room for lectures, public meetil o &c., and capable of accommodating from 1,2( j o to 1, 5 A persons. The building is estimated to c o s t 5 ,000/., r the amount is to be raised in share s o f 51. ul j d ; wards of one hundred are alre a dy subscribedilor.—Le i Mercury. The estate of John Bastard, Esq., at Sharph ll° ' A' near Totnes, with i ts a d m i re d mans i on, park, anuttis, mesne, was sold on Th urs d ay last, for 68,500 The (slate numbers 1,300 acres o f land, and the rentl l ; independently of the mansion, is 2,070/. a year. l ho purchaser is an opulent merchant, nam e d Durant, W-f was formerly connected with this city. Independegit ° o the purchase money, he h as t o p ay f or all the timber nii the property. It is thought th e ent i re purchase I'l amount to more than 75,000 L—Exeter Times. A Spanish poet carries the poetry o f 10 11 ; yen to its highest sublimity when he calls • ft s tar burning doubloon of the celestial bank." No. 39, ALBEMARLE-STREET, Plc cAni- OPFOSITE THE YORK HOTEL, AND No. 76, K. 17 4G STREIT, ClTY.—MaJor.Generat Sir Howard V.lphinston iepry leave to say that the Spectacle's he has now had Ammo ' e in have fully redeemed the assurance of the 11e Jars 3 and B. y o lo mons as to their excellence, and having found so mach comfort *-( advantage from their use, f ar p re f era b le to, every other kin d o f Glasses which he has been in th e constant habit of making nt eP for a great number of years.-13, Norfolk , dreet, Park.lane, the "4, of November, 1840.—Gen era l B rowne Cl ayton feels desirous to , press the comfort and advantage he has derived at his advanced' sg ,i of 70 years, and after two year s ' tri a l, f rom the use of Messrs. S. °iv" B. Solomons' newly . inv c nt e d Sp ec t ac l es; the i r valu a ble inven n o fully merits the patronage they have r er , e i ve d of the Royal FSPI., and so many individuals of high distinction, as well also( the nn t f e ", roes scientific and eminent medical practitioners.--London, p 25th, 1841. Address, Addington Hall, Lancashire —The ) 1 c 14 ,4 S. and B. Solomons' Invisible Operatirre Voice Cf, n d uc t o r S° u ' r e Magnifiers, for deaf persons, is n o t th e l east perce ptible, nor 01° " uncomfortable than having a piece of woo l i n Its. ' place; the/ e immediate relief to old-standing extreme cases of deafness. connexion with persons of the same name.-1,0, 4/bemarle-str e opposite the York Hotel, and 76, King Wilftsm:street, City. London, No. 31, Manchester -street, M an che: ter. square.—The Cou n t ess of Clifford prevents her compliments to Mr. E. Solomons, and is much gratified in being able to say that t ' , " Patent Spectacle s ," a d apted to her sight nearly six years lo she have continued undi m i n i s h e d i n the perfect ease and pleasure was so delighted to have experienced from their use immediatell so skilfully applied them, enabling her to read or engage her sig ht for the most minute employment, and for any 1 ength of time, by ti ; or candlelight, without the slightest f at i gue. This is the more I"; markable and gratul a t or y t o t h e C ountess ' s feelings, cons iderinlLth total failure in the a b ove respects, and consequent mortifying d i . r, pointments, attending the various other spec , ,acles she hitherto P tempted to wear. Indeed, it i s w ith t h e greatest pleasure the Co n! , " tens testifies to Mr. E. Solomons' perfectly successful treatment ' , her sight, and submits her own p ecu li ar case in confirmation of ;4 strong and deserved recommend a ti ons hi s spectacles have rece i f sa I of Mr. E. Solomons' high professional standing. —To Mr. .- olomons, optician, 36, Old Bond-street, and 1, Old Jewry, City,e GOLD WATCHES, LONDON- l'ilADb.. o A. 11. SAVORY and SONS, W a t c hi na k ers, No. 9, C,erekl ; London, o ppo s it e the Bank o f England, submit for seleetWud very large STOCK of G OLD WAT CHES, the whole / which are made and finished under the careful inspedietl2' experienced workmen on th e i r own premises, and each ts W ranted for correct performance. SIZE FOR LADIES. Fine Vertical Watches, jewelled, in engine -turned gold cases and gold dials, warranted ......... IV Fine Vertical Watches, jewelled, with double backed engine -turned gold cases and gold di a l s,warranted 1 2 Patent detached Lever Watches, jewelled in four holes, with double-backed gold cases and 0 gsld dials, warranted SIZE FOR GENTLEMEN. Patent detached Lever Watches, jewelled is four holes, seconds, and double-backed gold cases, warranted ....... . Patent detached Lever Watches, capped, jewelled in six holes, seconds, double-b ac k e d go ld cases and enameedials, warranted .. . .................... 17 17 ° Patent deta c h e d L ever Watches, caed, ewell in six holes, secon d s , d ou ble-backe pp d g o ld cas e and gold dials, warranted ........................... 21 Either of the Gentlemen's W a t c h es may b e had in ", °I i d hunting cases for 31. 3s. each extra. N.H. Second-17' Watches purchased in exchange. 13 13 G MUSICAL BOXES o f hi g h qua lii y , t h e mecha , r nism beautif u ll y finished, conveying the idea et the Compoie with surprising perfection and acc uracy. A Catalogue of the of the var i ous now published, usAirs ,Obilieshrted, and rna ures a ,&e., ,e ff e i; 11 51 the prices gratis, or will be forwarded, post free , in answer t o a p ost pay application. T. COX SAVORY, Goldsmith and Silversmith, 47, Co rnhill (Seven doors fr og Gracechurch-street), London. _--- - ,-:rr PAPIER MACHE TEA TRAYS, 60 s . the SD with ivory handles, 14s. per dozen ; nraSj „f FULL SIZED GOTHIC SHAPE. Superior Londo° inflow Curtains, 14 huh diameter, Is. 3d. per foot 2 PToa ii lb i e e lse h f e oK s r , n‘ l i% s v. . kid. per foot; bronzed fenders, 4 feet hug, 9 ,!•:, Catalogues gratis. containin g the prices of stoves, fene.ers, or— h.,,nt, aite.en utens.ls, and every article in furnishing ill''' . rn,,neery RIPPON and BURTON, Wells-street, Oxfor . i.dtreet Established 1820. Th! „-,...,.....-- B 1 R TH S. In Wimpole-street, on the 3d inst , the lady of Gordon Wa" loughby Gyll, Esq., of a son and heir. On the '241 inst.. at Swainswiek, near Bath, the lady o f tW Rev. J. P. Maude, of a daughter. On the 3d i nst., at Stratford-grove, Essex., Mn.s. Al fred Fell, of a son. MARRIED. On the Ist inst., 'at Kellce, Erringtori Bell, Esq., of Sol d, Shields, to A nn i e, second daughter of the Rev. Robert BO' kett, Vicar of Kelloe. On the 2d inst., at Clapham Chnreh, Mr. James Ifoppot of th e G rove, C lapham-common, and of Bishop,,gate-streel: solicitor, t o El iza b eth Mary, only daughter of William Irl Ct bert, Esq., of Cavendish House, Clapham-common. DIED. On the Ist inst., James Keil, Esq., of ililliter-square. On the 31st ult., at the Vicarage, Finchingfield, Essex, the Rev. James Westerman, A.M., formerly of Magdalen Colleges Cambridge, aged 73. Un the Ist inst., at Repton, Derbyshire, Letitia, Hume, wife of T. Wilders, Esq., of Burton-upon-Trent. On the 2d inst., Elizabeth Jane, the infant daughter of Mr- Satnu •1 Foulger, of Rateliff-highway. On the 2d hist., at Hartford, near Huntingdon, Margaret, the wife of the Rev. Rieherd 1 Marti, A. AL, it entor o f Blunt" isham, Huntingdonshire, aged 61. On the 2d inst., Mary, the wife of Mr. Nevil Oliver, of High Holborn. On the 3d inst., in Compton-terrace, Islirgton. 'Henry )fit'chison, Esq., of Lloyd's, aged 52. London: Printed and Published by AI RDO YOUNG 1 a' No. 112, Strand, at The Sun 01fien, No. 112, Stitucltia the county of Middlesex, Monday, September 6,1844. OPE? Horse, notice of the MORNING SUN THE SUN, LONDON, MONDAY, SEPTEMBER 6, 1841. MORNING S[7N E L' from Dai 11 Dai past past _ . Sui pad Far under T Th Cons lour ; ment Tho' L fessic Prac refer any char, the ( Cha IN LIF Pro paid amc the gin lay, upo