The Sun. — London, England, 1830-08-27 00:00:00

-r-lcz A , / (,-) /,-, . , * - -- / ~.._ , /I . , -4- e-t--t•-- .' 77, :. ~....‘, , --- .. ,,,,,,,,4_, :,,,,..,,,, ~ ..,..., 6, 2 4,...); t; 7; r,/ 0 ., • - .1, • c../ „ .....,....,,,, „. .•,• ...,4,,.. z ii.:. ~ , ........-• . ~, ,: • t.,__,..,: 7'' '''.?•7 ' -,t ..', 4 ;r ' ''• t 7 ' l r- ' ,'.. • • r A , V C tk ' (4-., , a, N 7. ir -%) •*'' 4 - X 7 * -4 - re i t ' ; -.• e A g- ; • \.. , k,- r :ii .....- ,fr , , ..,,, ~,,, . c ..-10, 4 .„. „.... i ll . J. - . tal. I lliki i i i i ""'",-/-) . ;fr Wi z " - - , -'trY . ' . ~, it'll 31 . 11411"4. '" , ...f .V :41.11 1 11ii ~ —":1-----)11•In;:aw: MASSACRE AT JAFFA. This day'were published, in I vol. post Bvo with fine Portrait of Mr. Nnrthcote, CONVERSATIONS of JAMES NORTIICOTE, Esq. R. A. with WILLIAM lIAZLITT, Colima and 'Bentley, New Burlington-street. SECOND EDITION. Ti 4 day WA* published, is One Vol., with Map and Plan, THE MARQUIS OF LONDON DERRY'S NARRATIVE of thu late WAR in GERMANY and FRANCE. Colliarn and Bentley, New Burlington-street. Nu. 1X43 LONDON, FRIPAY EVE MNG AUGUST '27 P3O. Pnro",E 7r. This day was published, in Five Volumes, 12m0., (*old separately) , ;wive each in [wards, THE VILLAGE PREACHER, a Col lection of Short, Plain SERMONS ; partly ori ginal, partly selected, and adapted to Village ins ruction. By A CLERGYMAN of the CHURCH of ENGLAND. London: Printed for C., J, G., and F. Rivington, St. Paul's Church-yar.l, and Waterloci-place, Pall-Mall: THE LATE SCANDALOUS AFFAIR AT DUNDALK BARRACKS. be shown es there are outstanding terms : this is one cause of the great length of abstracts. (From the Freeman's Journal.) This day was published, in 2 vo!s. Bvo. with nate., 80s NARRATivu, of . a JOURNEY OVER LAND from ENGLAND, by the CONTINENT of Eurtom EGYPT, and the RED SEA, to INDIA ; including a Residence there and Voyage Home in the Years IB2h, 6,7, and 8. fly Mrs. COLONEL ELIVOOD. Nhurn and Bentley, New Budington.s!reet. Thy " 6 day was published, in 2-vols. small Svo. THE MIDSUMMER MEDLEY. For 1830. A Seri es o f C omic Tales and Sketches in Prose and Vow. By the Author of " Brambletye House," " Gaieties and Gravities," &c. &c. " It i s a good thing to laugh at any rate ; and if a straw con tickl e a man, it is an instrument of happiness." DR'DKN. Cobur n and Bentley, New Burlington-street. SECOND EDITION. This thy was published, in I vol. 6vo. H E UNDYING ON E and other POEMS. fly the li on . M rs . NORTON. "firs. Norton has fully entitled herself to rank among the real poets of the day. There are passages in this hook, m which may be found every quality required for the pro duction of high f"li n poetry— name l y , d ept h an d or i g i na lity of tali g, force and f ree d om o f t h oug h t, v i gour an d vi ty Journal. of imagi nat i on, fancy, imagery, eloquenee. "" —Couft _and.__ Bentley, New Burlington-street. NEW AND CHE ITER EDITION. This d ay Was p ublished , in 3 vols. post Bvo. 21s. LAWRIE TODD ; or the SETTLERS in the WOODS. By JOHN GALT, Esq. Autho r of " The Annals of the Parish," " The Ayrshire Legatees," &c. a Oh that all real autobiographies were like this piece a dmirable fiction ! If we were to express the genuine feelings of delight and admiration with which we have perused this work of Mr. Galt, we should be thought guilty of e x t ravagance. It has impressed us with so high °Pion of hi s gen i us t h at i t would b e w i t h h es i tat i on him,~WePitted or any other poet, or fi c tion writer above tat. Colburn and Bentley, New Burlington-street. Thus daY was published, co m pl e t e i n Fonr - Vols. Bvo. with a P ortrait and an engraved fae-ainaile of the original MDeclaration of Independence, EMOIRS a nd CORRESPONDENCE tee of THOMAS JEFFERSON, 'late President of United St ire.. "Mill publication is inestimable, and will have a ma tenal upon human affairs for many generations." .-Co Journal, 44 This work is a mine of historical information, re- Vecting two of the greatest events of modern history—the Anterican Revolution and the French Revolution. It "lug undoubtedly form a part of every hiatot ical library." "~Spectator. N. 11.—Vols. 111. and IV. may be had separately, to complete Sets. Conoco and Bentley, New Burlington-street. This day Was published, in Bvn. price 10s. 6.1. in hoards, MEMOIR of the Rev. THO NI A S LLOYD, M. A., late Vicar of Lois Wecdon, Nort hamptonshire, gml formerly Fellow and Tutor of King's College, Catlibritige. To which is annex e d, an r ARay on the Literary Beauties of the Sciiptures, which Pined the Nwrisian Prize in 1784.. By the Rev. RICHARD LLOYD, M. A. Rector of St. Dunstan in the West, Loudon. Printed for C., G., and F. Rivington, St. Paul's C hurch-vard, and Waterloo-place, Pall-mall ; and sold by Rateharti and Son,'Piecadilly. T l 4 day wee published, in One large Volume, 121 no. price 108. 60. in boards, HE CHRISTIAN EXPOSITOR, or a Practi ca l G u id e to the Reading 'of the New ieatament; intended for the Use of General Readers. By the Rev. GEORGE HOLDEN, M.A. " Though many Expositions of the Bible of great and dererved celebrity exist in our language, a Commentary "offieiently short to be read by those who have not leisure 41 consult learned works, yet sufficiently comprehensive to 14 ke rve as a g u id e to the study of the S acred S cr i ptures, P t u* to be still want i ng . T o supp ly thi s deficiency is th e design of th e present work, i n w hi c h i t h as b een t h e alma and Study of the Author to embrace, in a condensed :7 111 , such informatio n as will enable the• general reader ascertain the real tite.ming of the Inspired Writers."— rwcface. • :tinted f or C. .1. G. and F. Rivington, St. Paul's rehyard' and Waterloo-place, Pall-mall. TO NCTIZETCiTN, GENTLEMEN, NURSERYMEN, AND PLANTERS. VALUABLE STOCK OF "r4I3IENTAL FOREST TREES AND SHRUBS, 4.1. vaity Rant:ear) Palen. G. and T. WITHERS, of Newark-upon -114 • Trent, i n t h e county of Nottingham, Nursery thell Seethon en , being about to quit the N ursery G rou nd * ei l rent un d er Sir J. W. Gordon, Ba r t., w hi c h must 7 Le ared on o n b e f ore Lady-day next, beg respectfully to ulp mend to th e not i ce of the Public their valuable stock n ' l arge Ornamental Forest Trees and Shrubs, which will i ue disposed of at very reduced prices, and will be fotind I ' ll l north the attention of Noblemen, Gentry, and What'll, desirous of planting parks and avenues, and of completing ~,..^bi shr ubbetits. The Stock consists chiefly of „Inc grafted English Elms, six to eight feet high. i'llAft... .............................. ditto. ii‘lirech ... . ...........ditto. y, Black and White A merican 8 Firs 1 fly e to six feet high. i Spruc e ma 'arit. Green Haines, Common and Mountain Ash , g-6r 4tilil Lsurels, Yews, ''"mmon ditto Ev er g reen Privet., Tree 11 0; ' Larch, Scotch, and Balm of Vine Standard Purple Beech Gilead Firs, ... i for sin g l e Planting, tt eeng Elms, vne large Sp Ash,ertiah and Horse W --.... pi an: mu , Black Italian Poplars, Ise. &r. tab en imrnente Stock of fi ne A s h an d O a k Pl an k s , to three, and three to four feet high ; and a large Stock of Black a n d White Thorn Quick. The trees are in a ver y healthy condition, and having bah several times transp anted lilkt measure insured. their future growth is in The rape - Pureheser of a waggon load of trees may have the N . "' delivered, free of expenee, at any distance from *ark not exceeding forty miles. '--- ri...I4IEHVOUS AND STOMACHIC DEBILITY. THE astonishing success which has almost mb,4'S invariably attended th e a d m i n i strat i on of PAL IMPERIAL NEUROTIC BALSAM in the Ye complaints, and the numerous and most vspectable leristintonials the Proprietor has received of its speedy e ff ects I....,rtrnoring sickness, fainting, and hysterical affections, „,'Ping pains, and flatulence, strengthening the digestive ,4-1011, creating an oppetite, and invigorating the whole IZAfts liici pfern, have induced him to 'pare in, expense in lhesu re ,tt g ti to the n o ti ce of the Public; he also begs to ~eln . , the It is a speedy cure for the Ague, and one of ..._,!)est remedies for the Bead-m.6e, Containing the pro -1-17,1'0 of 4 mild aperient and an active tonic. 11012epsred only by Edward Palmer, 249, Tooley-street, ti .Tu . ll l t, and sold in bottles at 4s. 611., I la., and 200. ta W mid also by C. Butler, 4, Cheapside •, J. Sanger' t otti : ? 00rd-street; IL Johnson, 68, Cornhill; J. Gif -04, Strand •G. Colk, Fleet - street ;, E. Pepper to t own Newote-otreet' ; and by most respectable GliYinists own and country; MINIATURE EDITION. This day was published, printed uniformly with Bishop Wilsou's S tcra Privat 1, with a Portrait, by Dean,price Is. 6(1. sewcd ; 2+. bound in black ; 2s. 6d. in black calf, and 4e. 6tl. in morocco, rililE DEVOTIONS of BISHOP ANDREWS, translated from the Greek, by DEAN STANHOPE. Printed for C. J. G and F. Riving+on, St. Pdtd'a Plurch , yard, and Waterloo-place, Pall-Mall. DH. NORRIS'S FEVER DROPS. THIS celebrated Medicine is allowed to be superior to any other remedy in all eases of Fevers, Sore Throats, Slow Fevers, commonly called Nervous, Typhus Fever, and Agues, and all those Disorders which arise from obstructed perspiration. In hot climat, a, where Fluxes and Bilious Complaints are very prevalent, especially in the West Indies and America, these Drops, are, by extensive successful experience, proved to be in valuable. They produce perspiration io the most gentle and easy manner. and without giving the Patient the least disturbance or uneasiness. These Drops, given agreeably to the direction in the several and distinct cases, not a single instance bas ever come to the knowledge of Dr. Norris, in which they have failed to cure. Purchasers are requested to observe that the genuine preparation of Norris's Drops, will have engraved on the Stamp, " Thomas Norris Moore." Mr. Norris Moore has esta blished a Depot with Mr. Edwards, 67, St. Paul's Church yard ;• Mr. Sanger, Oxford stteet, opposite Bond -street, and Mr. Stradling, at the entrance to the Royal Exchange, Combat; for the rode of the above Medicine. Price 2s. 941., I Is., and in Family Bottles 225. each. THE MARKETS. SOU 1,1, HA RR EL-Aug. 25, In this day's market, which was well supplied through. cut, and tolerably well attended by both London and country buyers, the trade in each kind of meat was very dull, at the following prices per stone of tilb. to sink the offils Beef 2s. Bd. to 34.10 d I 3s. 4d. to 44. Pd. Mutton 3 4 4 4 Pork 3 4 4 4 Lunb '33 tid to 45.&!. The foregoing quotations are, Lamb and Veal 6d. per stone lower than on this day se'nnight ; in prices of Beef, Mutton, and Pork, no alteration. Beasts 169; Sheep and Lambs, 4,2115; Calves, 63; rigs, M. A considerable part of the supply left the market unsold. HAI 11.111,1 M MARK EN.-Aug. 25. 3s. Oil. to 3s. 6,1. 9s. Ott. to 4s. 4d. I 3 6 4 6 Pork 0 0 0 0 I.amb 43. 4d. to ss. Oil._ Supply of Sheep great ; of Beasts, Lambs, and Calves, but li mited. Trade very 111111. AItUkIDEL, M A 4Kla.-Aug. 041.0 d. to 3s.Bd, I Mutton 3 2 4 4 Pork, Lamb 4s. Od. to 4s. 8d A good supply, and a very dull trade. CHICHESTER 111 ARK ET.—Aug. 25. 28. &I. to 38. &I. Od. to 48. .2cl, Mutton 3 0 4 2 Pork 3 0 4 0 Lamb 38. Rd. to 4s. Pd. In Lean Stock comparatively little doing. A good supply, and a very dull trade. RUMFORD MARKET.—Aug. 2. a. tl. los. d. a. d. a. d. Reef 2 R 3 6 I Veal Mutton 2lO 4 0 Pork 3 0 4 2 Lamb as. 4d. to 4s, 4d. Suckling Calves 11,m 14a. to 40s. ; Quarter old Pigal2s.to 16s. each. A great supply, and a very dull trade. COUNTRY CORN MARKETS DIMINO THE WEEK 3s. 4d. to 4s. 24 00 00 Wheat. liarley. Oats. 11can$. Per (joiner. s. to a. s. s. s. to s. s. to S. Illatuiford 74 :10 Shaft. 60 68 30 33 21 2,5 30 35 tits Uri 35 3S Chard Huntingdon.... 38 74 30 811 23 27 34 30 Long 5utt0n.,,,....,. 00 70 37 31) 20 25 37 31) Louth Lynn.... 46 74 ttti 83 20 28 36 38 Newark .......... 67 73 34 38 25 '36 39 42 Nottingham .—..... 75 84 28 34 28 30 38 44 Peterborough ...... 30 70 37 40 18 35 37 42 Plymouth 70 83 34 38 28 38. 37 42 09 -- 32 —. 25 43 Sleafoni 70 74 26 38 24 20 39 40 Uppingham 60 78 32 , 38 22 30 36 40 Wiabech —...... O2 72 30 24 29 30 40 LENDS CORN MARKET...Aug SI. There has been a better supply of Grain to this day's market than last week, not much free foreign Wheat has arrived yet, but there has been a good many samples shewn which might be delivered in the course of this week, hut the millers buy very sparingly of either foreign or Englsh ; the best samples of both may be noted 3e. to ss. per quarter lower, according to quality and condition, and the stab and inferior samples considerably more if wiles have been effected. No material alteration in the prive of Barley. English Oats Id., and foreign lid. per stone lower. Shelling 2s. per load lower. Beans Is. to 2s. per quarter lower. No Pease at market. In Malt and Rapeseed little variation. Wheat, Norfolk and Sidiblk, 601 b. York. and Lincoln. 110th. Barley, Norfolk and finfiblk --•••• Yorkshire and Lincolnshire le " Zs. to 08s. Grinding Beans Gilb. Oats, Potato° —klealing, Foreign I ld. to 12d....EnglIsli I )id. to 13d. per at. Shelling .281 to 345. per load. Rapeseed, English, 271. 6 294 Foreign, —4. to •—/. per last. LIVERPOOL CORN EXCHA NO E.-...otug. 24. There was a good miller's demand for Wheat this morn ing, at a reduction of 4d. per bushel; several swill par eels were also purchased for shipment to Ireland. The lower qualities of Russian Wheat wera more inquired for than previously. No New Wheat at market. Prices of Oats must be noted 2d. to 3d, per 451bs. lower than last Tuesday ; two or three small lots of Irish New were sold at 3s, 6d. to 4e. 2d. per 451 b. and some New Oatmeal at 368. to 3Ro. per 2401 b. Very little done in Flour ; the top price of American, duty paid, is 345. WHICAT, English, White, per 70Ib. Red --. Scotch, Welch, and Manx 9 0 9 tl. --- Irish,. White 9 9 9 0 Red 8 0 9 9 Foreign 8 ti 0 0 WTI, English, Welsh, and Scotch, per 451 b., 3JO 4 2 -...-- Irish Foreign DARLUY. English, Malting, per Imp. quarter,a 36 0 38 0 .....—...... Scotch and Irish, per 60lbs. ...... 5 0 5 6 ----- Feeding 4 9 5 0 Beams, English, per Imperial quarter 4O 0 44 0 ---. Irish, Ste Foreign Pease, English, per Imperial quarter 46 0 48 0 --- Foreign FLOWS, English, per 2801 b. 49 0 50 0 --- Irish —-- 46 0 48 0 OATMEAL, English and !doh, per •310lba tl 0 30 0 INDIAN CORM, per 4401 b. RYE, per Imperial quarter 43 0 41 0 MALT, per Imperial quarter lurowr or GRAIN for the Week ending. Aug. 23. Wheal Oats. Harley Flour. !Oatmeal. Qrs. Qrs. Qra. Foreign, 116411rish, &c. Scka. Loads. 12,1e3 1,507 1000 I 411 stl THE 20TH JUNE, 1792.—While we were thus leading a somewhat vagabond life, the 20th June arrived,—unhappy prelude to darker scenes. We had met on that morning as usual, preparatory to our daily lounge in a coffee-room, Rue Saint.Honore, near the Palois Royal. On going out, we saw approaching a mob, which BONA PART computed at five or six thousand men, all in raga, and armed with every sort of weapon, clamouring, voci ferating the grossest abuse, and proceeding with rapid pace towards the Tuileries. This rout assuredly consisted of the vilest and basest populace of the suburbs. " Let; us follow that rabble," said BONAPARTE to me. We got Pe fore them, and went to walk in the gardens, on the ter race overlooking the water. From this station, he beheld the disgraceful occurrences that ensued. I should fail in attempting to depict the surprise and indignation aroused within hint. He could not comprehend such weakness and forbearance. But, when the King thewed.himsel( at one of the windows fronting the garden, with the red cap which one of the crowd had just placed upon his heed, BONAPARTE's indignation burst forth uncontrolled. "Witat madness !" exclaimed he aloud, " how could they allow these scoundrels to enter ! they ought to have blown four or five hundred of them into the air with cannon ; the rest would then have taken to their beds."..- Constable's syis eellany, VAIL LVII. Although having received" numerous letters rela tive to the case of seduction or abduction which occurred some weeks ago in Dundalk, we forbore giving expression hitherto to any opinion of our own upon tie subject for two reasons. We could not believe the possibility of two officers in his Ma jesty's military service Navin: perpetrated such an outrage as the one in queation upon the laws of honour and of society; and we did not choose' to be the organ of a slander, if the charge should turn out tobe unfounded,upott the army, which we highly re spect, and upon two young ladies who might, we thought, be the victims of Malevolent rumour. However, as the report has been citculAted through the London, and subsequently through a portion of the Irish press, and as we continue to receive ap parently authentic inftirmation about the affair, we .consider further silence improper, and unfair to our readers. Subjoined is a letter we yesterday re ceived from a correspondent at Dundalk. We give it as we got it, merely omitting the names, but key ing the initiak Should the stteement he accurate, we have no . hesitation in saying that a more flagitious case never came to our knowledge. On one side there is, to say the least of it, culpable' negligence and indiscretion, and on the other, perfidy and want of gallantry, wholly at war with military usage, quite unworthy of officers and gentlemen, and abso lutely conflicting with the laws of the laud : " PRIVATE CORRESPONDENCE. a DUNDALK, AUG. 21. " I would have given you some account, ere this, of the extraordinary and disgraceful occurrence that happened here, only I am aware you have no great appetite for scandal, and imagined that it would not be of interest to you. The unfortunate ladies who are the subject of so much . scandal here, are the Misses A —s, daughters of Dean A —s, of the county of M—, a highly respectable clergyman, and who was either the proposer or seconder of Mr. S— at the late election. " The ladies came with their mother to the Black Rock, near this town, to enjoy the benefit of the waters (as you may have already seen by the London correspondence). They became acquainted with Captain D—s and Lieutenant D—, belonging to the regiment quartered in Dundalk. They carried on a private correspondence for some time, and Captain D —s, who is a married man, made pro posals of marriage to, the younger Miss A —••-•-s, stating to her, that on account of certain family arrangements, it was necessary he should be mars tied privately ; and implored of her, if she va lued his happiness or her own, not to ac quaint her friends, but have the thing done privately and without any bustle. It was appointed that she and her sister should come into town on a certain evening, and have the marriage performed at the Captain's lodgings. The ladies, who are always punctual on such occasions, were on the spot to the moment. What creates a strong feeling against the unfortunate creatures here ia, that they allowed themselves to be conducted to different apartments. Those who shed a tear of sorrow for their fate, strongly censure them for this indiscretion. Lord D endeavoured to keep the elder sister by force, and I was at first informed that she took up a pistol that was loaded and lying on the table, and by that means escaped. It is since said, that notwith standing the most heroic exertions, she fell a victim; but no doubt can remain as to the fete of her unfots; winkle sister (a young creature not yet 17), who %%as cruelly debauched by this monster in human shape. Before morning he flvd, leaving his victim in a frightful condition. He and his associate went to Englund the next day, leaving an amiable and respectable family, and all their friends, plunged into the deepest anguish, They have since returned to this place a few days ago. The Lord is here with his regiment, and the Captain is on a shooting visit with a friend in the county of Down. The father of those unfortunate ladies, and his solicitor, were here yesterday, collecting evidence and infor mation to ground law proceedings on." PARLIAMENTARY PAPER. LAW OF REAL PROPERTY.—No. IL SECOND REPORT OF TIM COMMISSIONERS. (Continued from our Paper of yesterday.) The principle, upon which protection is afforded by the assignment of a term, is founded upon certain rules of equity. When the legal estate is vested in a trustee, he, and all persons to whom it passes as his representatives, or under u voluntary convey ance, or with any knowledge of the trust, are con. sidered to be bound in conscience to perform the trust; but a purchaser for valuable consideration, who obtains a conveyance for the legal estate with out notice of the trust, is not considered to be under any such obligation. When the owner of a legal estate has made a conveyance of it for valuable consideration, if he attempt to make a subsequent conveyance, it con have no effect. When the owner of the equitable estate sells it to one person, and afterwards sells it to another, who is ignorant of the former sale, and neither of them has obtained a conveyance of the legal estate, the first purchaser is preferred, according to the maxim qui prior eat tempore pallor cat jure; but if the second pur chaser 'obtain the legal estate, be thereby defeats the right of the first purchaser; it being considered that the second purchaser, who has paid the value of the estate without knowledge .of the former sale, has a right in conscience equal in degree to that of the first purchaser, and it is an established maxim, that between equal equities the law shall prevail. If the purchaser procure the legal estate to be transferred to a trustee of his own nomination, who accepts the estate upon trusts declared by the assignment, this, for the purposes of protection, is held equivalent to the purchaser's having the legal estate himself; and, it maybe observed, that in some cases the • protection is obtained by means, which are held to give the purchaser a preferable right to call for the legal estate, without his procur ing an actual conveyance of it. Such is the system under which purchasers are protected against secret estates and charges by the assignment of outstanding terms, and it may be observed, that the estates and charges against which such protection is obtained, may be either legal or equitable. Legal estates in fee vested in mortgages or trus tees, are usually, after the purposes for which they were separated from the equitable estate have been satisfied, So conveyed us to re-unite them with the equitable estate, because it would be of no use in a purchaser to keep such estates separate. Any estates or charges created by the beneficial owner, during the separation, must be equitable; and the purchaser without notice, by obtaini/ig the legal estate, is effectually protected against any such equit able rights. The expedient of obtaining oo se fu e tt r sh e tean t ex e d s ip t n a ei t n e s s et . a rti si el d sl y c : 0 1 aca occasions c y au the lt p ice ;assignment ap i o e s r t - f t nation. lo every ease, In which there is an outstanding teem, term must be sh own i n the srim the emanntietrle to theatitit e title to the Freehold ; an d where there is more than one term, the title to each term must be shown; so that in fact, 411 Mal titles most UR term be assigned by the deed by which the inheritance is conveyed to the purchaser, the deed is - neeeAsarily longer, and the expense is increased ; and if the term be assigned by a separate deed, which is generally advisable, the expellee is still greater. Not unfrequemly the separate deed is much longer than the conveyance of the inheritance, particularly if the term be an old one, and has not been recently assigned, or has not been assigned at all, in either of which cases it is considered the most correct practice to show the title to the inheritance in the deed of assignment, from the time when the term was last assigned to attend, or from the time of its creation. To guard against the difficulties which frequently .arise in establishing a term at law, it is usually thought advisable, where there are several attendant terms in the same land, to keep many of them on foot, in order that the person claiming protection, should he fail .11 to one term, may have the chance of succeeding to another. In consequence of this precaution, and also of the numerous instances in which different terms comprise different portions of an estate, a great ember of terms are frequently kept on foot in the same title. Expellee, delay, and difficulty frequently arise in finding the trustees, in whom the terms have been :vested, or in tracing their representatives. Many difficulties occur in consequence of wills or adminis trations necessary to trace the title to the term not having been proved or taken out, or when proved or taken out, in consequence of the Court, in which they have been proved or taken , being disco. vered to be a Court, either havinr no jurisdiction, or only a defensible right to grant probate or admi nistration. These difficulties are increased by the uncertainty, which exists, in many cases, respecting the Court in which the probate or administration ought to be granted or taken out. Although a purchaser is usually advised to obtain, at great expence, the assignment of a term, when ever it appears to exist, in order to guard against secret estates and charges, yet the protection thus acquired is always precations and frequently inade quate. What may appear on a tide produced to a purchaser to be the oldest or only term, cannot safely be relied on as a protection, because he can never be certain that it actually is the oldest or only term, or that it has not been previously transferred by a deed concealed from him. A term cannot he relied upon where, from the land being described in too general and imperfect a man ner, or where, from changes having taken place by building, making new divisions, or otherwise, suffi cient evidence cannot be 'obtained to identify the land described in the deed or will by which the term was created, or where any of the instruments e,- sential to the support of the title are lost or sup pressed. The uncertainty to which we have before adverted, whether the will of a deceased trustee of a term, or the administration to his effects, has been proved or tuken out in the proper court, occasions great hazard in making use of the term. When an assignment of a term ha's been tolerated the protection afforded by it may be lost through accident or carelessness, of which some instances may be mentioned. If the estate subject to the term be conveyed or devised to the trustee of the term for his own benefit, or aka trustee, or one of several trustees, the term in thsilehole land, or in the undi vided part of which the reversion may thus become vested in the trustee, will be extinguished. The same effect will be rroduced, if a lease of the land be granted to the trustee of the term. The term and the reversion may become vested in the said trustee, by marriage, descent, or representation, as well as under deeds or wills; and in many of such cases the question whether the term is extinguished depends upon nice distinctions. The protection afforded by a term is always ren dered precarious by the rules of equity respecting notice, and by the doctrine of presuming the sur render of outstanding terms; and particularly by the recent extension of that doctrine to the case of a term assigned in trust to attend the inheritance. Notice, according to the rules of equity, is not confined to actual knowledge or information in the ordinary sense of those words. The dougjne of notice has been expanded into a system or great subtlety and refinement. Notice is either actual or constructive: but, for most purposes, there is no difference between them in their consequences. It is luid down in the books that actual notice must be given by or on behalf of a person having a claim on the property, and in the course of the treaty for the purchase; and that it must not be vague report or assertion of such claim, nor even a general claim, without reference to particulars. Yet a book of hig hl authority states, " however, no per son could be advised to accept a title concerning which there were any such reports or assertions without having them elucidated; because, what one Judge might think a flying vague report, or a mere assertion, another might deem a good notice." Constructive notice is scarcely susceptible of de finition; and it seems admitted that no certain rules as to what shall amount to constructive notice can be laid down. We shall state some of the many instances of it which are to be found in the books. Notice to the counsel, attorney, or agent, of the purchaser, or to the sub-agent, as the London agent of the country attorney, employed in any part of the transaction, is held to be notice to the purchaser; although it may be clear that the fact was not corn muniemod to him ; although its importance may not have been understood by the agent; although if employed (as frequently happens) by both parties he may have received as agent for the one what it be came his duty to make known to the other ; and although the purchase may have been made witho ut the purch a se r 's knowledge, and he may afterwards have adopted it on the agent's representations. This species of notice is frequently treated as actual notice. A suit in equity, unless collusive, is, during hs continuance, constructive notice to all persons of the claim raised by it, although the purchaser of the estate and his agents may never have heard of such a suit. A suit determined ceases to operate as no tice; but it appears to have been considered that an appeal fro m a d ecree wou ld reca ll the su i t into existence, so as to affect a purchaser in the interval with notice. It is held generally, that whatever is sufficient to put a purchaser upon inquiry, is good constructive notice; in other words, that; when a man has suffl- dent information to lead him to a fact, he shell be deemed to know such a fact. When a title is made out through a deed, the purchaser has constructive notice of every fact to the knowledge of which that deed leads, by recital, by description of the parties, or otherwise, immediately 'or remotely. So a par chaser who has notice of a deed, has constructive no tice of all its contents, though his advisers may not have thought it necessary to examine or require the inspection of the dced. Where an estate is in the occupation of tenants, the purchaser is deemed to not only of t h e i r actua l l eases , b u t o f any ag n r o e t em e ;nts relating to the property, which the tenants may have made with their landlords. It must ,be obvious, from what we have stated with regard to the doctrine of notice, that there unlit be numerous cases in which a fair and even vigilant purchaser may be deprived of the protection of the term. When the purposes for which a term was created are satisfied, Courts of Law, with a view to expe dite justice and save expense, frequently direct, or leave u jury to presume its 'surrender, and by that fiction are enabled to determine the question bet wren the litigant parties, as if the legal and equitable mate had never been separated. Bur although this fiction may be resorted to without prejudice to the rights of parties, where a term is merely attendant by con struction of equity, it was always considered that the presumption could not be extended to a rerun as• signed expressly in trust to attend the inheritance. But in opposition to the practice of Counsel for a long series of years, recent determinations have, against,the.opinion of ninny eminent lawyers, sup s ported the presumption of the surrender of -terms, even after they had been assigned in trust to attend the inheritance. If these decisions are to prevail, the whole system of protection by the assignment of terms will lie deranged; for there are very few old terms which, from some circumstanees after the as signment to attend the inheritance, may not be pre sumed to have been surrendered. We may here remark, that even if a purchaser who has got in an outstanding term, could rely on it us u protection against secret incumbranees, yet there is ground to contend that his title is not marketable, anti that a subsequent purchaser, with notiee.of an incumbrance existing at the time of the former pur chase, may refuse the title, because the absence of notice ut the time of the former purchase will not admit of proof. And we may further remark, that if a purchaser, by means of An outstanding term, protect himself against adverse claims, 'he protects himself merely to the extent of the term. With reference to the expedient for protection against secret estates anti charges afforded by the assignment of terms, it is an important considera tion, that in a great proportion of titles the protec tion cannot be obtained. It may safely be asserted, that terms are not to be found 111 more than hull of the agricultural and family estates in this country, and that they are more rare in houses in towns, and small properties. This is a decisive answer to those who consider that the system of protection against secret estates and charges, afforded by the assign ment of terms, renders unnecessary the establish ment of a General Register. But the imperfection of this system of protection by outstanding terms will not ba fully appreciated unless it be remembered, that in proportion as it is a means of protection, it is art actual source of dan ger to purchasers, and a cause of mischiefs which without it would not exist. A purchaser conceiving himself protec!ed by the assignment of a term, is not liable to be defeated by a prior ineumbrancer i who may have obtained a l , previous assignment of the same term, or an assign ment of an older term, but he is also liable to be defeated in the same manner by a subsequent in cumbraucer. Thus, where a mortgagee has relied on a term assigned to a trustee for his protection, the mortgagor may make a subsequent mortgage, of sell the inheritance; and the subsequent ineum brancer or purchaser not havhig Notice of the ori• ginal mortgage, if he obtain an assignment of an older term, will prevail against the original mort gagee. he danger arising from the neglect to get in the outstanding legal estates exists in practice to a great extent in cases in which titles are not usually investigated with strictness, such as marriage settle ments, and purchases of small value, The practice which we have before noticed, of assigning terms by deed, separate from the conveyance of the fee, affords a facility to persons to conceal the existence of out standing terms. If the system of protection by the assignment of terms could be made available in every title, and were not productive of the other evila adverted to, it would still be open to the 'objection, that it is liable to work injustice ; foe whenever it comes ity o operation, its effect is simply to transfer the injurious consequences of fraud from one innocent party to another, and generally to postpone or exclude a per son who had, by priority in point of time, the best equitable claim. By this artificial system legal rights are made to depend on matters foreign to the merits of the case. ' Suits are occasioned by it, in which the question is not between the rightful and the wrongful party, but between two having equal merits; the point to be determined being which party shall be the victim of the fraud of a third party, or of mere misfortune, and the result of which suits depends on a sort of chance. To obtain the accidental advantage of the " Tabula in Naufragio" (as it is called), very ob. jectiorkble proceedings may be resorted to, which the law is forced to countenance; as where a man, by climbing into an open window, to which he had No lawful access, obtained a deed, the possession of which entitled him to the benefit of the legal estate. Thrtsystem has u tendency in some cases to pro mote fraud; it may enable a party who has made a settlement or mortgage to defeat it with greater fa cility ; it appears, too, that in some instances it in duces a system of selfish caution, with an indifference to the just claims of other persons, since some re spectable practitioners have avowed, that when an outstanding term can be obtained, they advise their dews to omit the usual inquiries, by which the existence of intermediate ineumbrances might be discovered, and to rely upon the legal estate to de , feat them. There are many cases of secondary and partial interests in real property for which the protection we have been considering cannot be obtained. These interests, therefore, are without any pro tection against secret deeds, unless it should he held by analogy to some late decisions relating to equitable interests of a different description, that it may be obtained by giving notice of the purchase to the person having the legal estate. On this principle it his been contended, that the owner of an equitable interest, by giving notice to the owner of a legal estate, may entitle himself to priority over a former purchaser of an equitable interest in the same hind, who may have omitted to give the like notice, and of whose interest the purchaser had at the time of his purchase no notice. The rule, however, giving this preference (con sidering that eminent lawyers are understood not to be satisfied with the grounds on which the cases referred to rest) can scarcely be said to be esta blished. The inadequacy and Inequality in its opera tion of this expedient are easily made apparent : the purchaser of an equitable or a secondary interest may not Icpow who holds the legal estate, or may not have access to hint, or such person may be in capable of receiving the notice, or other circum stances may afford a just excuse for not giving the notice. The legal estate may be held by many per sons, or split into various interests. The pereon receiving the notice, if it be not indorsed on the deed under which he holds (which indorsement cannot always be procured), may mislay the notice, and forget it ; the legal estate may be transferred or transmitted without the notice; there may ulti mately be disputes nhether the notice was given, e n r ve g e i n ve Io severalto t p a ri r g t !lets whoperso may n;or h a ast o priority bo ve given like notices; or whether the notice, although lightly given, ought, under various circumstances, to have effparties, or against subsequent parties The tendency of this expedient must be, on the ect againstwltom trios may " not have reached. whole, to counteract the protection to be obtained by means of the legal estate; like that, it must oite. rate sometimes in accordance with, and sometimes against natural: justice. - Owing to the peril known to attend securities on equirebie interests, trustees are well understood not to be at liberty to advance money upon them, and practically, such interests be un d er great disad vantages as to transfer. The siege of Jaffa, a paltry town, dignified as the ancient Joppe, commenced on the 4th, and terminated by assault and pillage, on 'the 6th of March. The carnage was - horrible. Bonaparta sent his aides-de-campßeauharnois'and Cruiser to-appease, as far as possible, the: fury Of the soldiery ; to examine what passed, and report. They learned that a numerous detachment of the garrison had retired into a strong position, where large buildings or caravanserai surroneded a court yard. This court they entered, displaying the scarfs which Marked their rank. The Alba= nians and Arnauts, composing nearly the- entire of these refugees, cried out from the windows, that they wished to surrender, on conditiOn that their lives were spared ; if not, threatening to fire upon the officers, and to defend 'themselves to the last extremity. The young men con ceived they ought, and had power, to accede to the demand, in opposition to the sentence of death pronounced against the garrison of every place taken by assault. I was walking with General Bonaparte before his tent, when these prisoners, in two columns, amounting to about four thousand, were marched into the camp. When he beheld the mass of men arrive, and before seeing the aides-de-camp, ie turned to me with an expression of consternation, , g What would they have the do with these ? have I pro visions to feed them ? ships to transport them either to Egypt or France?, horn the devil mold they play me this trick ?" The two a ides:qhss camp, on their arrival and explanatiteis, reseivett the strongest reprimands ; to their. defence, Ow: they were alone amid numerous enemnie:', aqd that he had recommended them to appease the slaughter, " Yes," replied the Ge»eral in the sternest tone,. 6. without doubt, the slaughter of women, children, old men, the peaceable iuha , bitants ; but not of armed soldiers ; yOu ought to have braved death, and not brought these to me : what would you have me do with therit;?" But the evil was done—four thomiand tacit were there—their fate must be determined. The prisoners were made to sit down, huddled together befbre the tents, their hands being bound behind them. A gloomy rage was de picted in every lineament; they received a little biscuit and some bread, deducti:d front the already scanty provisions of the ;spiny. 1. council was held in the General's tent, which, after long deliberation, broke up without conning to any resolution, 'rho day following,,arrived, in the evening, the reports of the Generak of Division ; these contained only complai»ts out the insufficiency of provisions and the . discon tent of. the soldiers, who murmured beeatn‘e of their rations being devoured by enemies With drawn from their just vengeance. All these re ports were alarming, especially those of General Bon; they even induced the fear of a rtvolt. Again the council assembled, to whidi were summoned all the Generals of Division. The measures here discussed for hours, with a sin cere desire of adopting and executing that which might save these captives, were the following:-- Should they be sent to Egypt ? and have we the means of transpottation ? In this case it would be necessary to give them a numerous escort, and our little army would be too Weak in a hostile country. Besides, how feed both prisoners and escort, when we could give them nu provisions on setting out, over a tract already exhausted of resources by our passage ? If it is proposed to send them by sea, where are the shtps ? With every telescope turned upon the ocean, we could not discover one friendly Sail. Bonaparte, I affirm, would have regarded, this as a real favour of fortune. It was this hope— ' I have pleasure in saying so—this thought alone that enabled him to brave, for three days, the murmurs of his army. But we ever hoped in vain for distant succour ; it never came. Shall these prisoners then he liberated!, They will, in this event, either set out directly 'for Acre, to reinforce the Pacha, or, trowiog them selves into the mountainous tract of Is7111)1011w, harass our rear and right flank, and the deStrue. tion of our own men will be the price of the,lifo which we have spared. If this be deemed in credible, ask the question of our own expe rience—what is the life of a Christian dog in !the estimation of a Turk? Ingratitune will here become with thorn an act of religion I Shall we then disarm and incorporate the!-:e men among our own troops? Here occurred, in all ha force, the question of provisions. Af terwards occurred the danger of such compa nions in an enemy's country. What was to In done with them in the event of a conflict before ' Acre? or how dispose of them beneath the walls of that city. The difficulties of provi sioning and of guar l ding them increased more anti more. The third day arrived, yet no means, so de sired, of safety, presented for these unhappy men. The murmurs of the camp augmented— the evil went on increasing—remedy appeared impossible—danger was real and pressing. On the 10th of March, the order, ‘, that they should be shot," was issued and executed. There was no separation of the Egyptians, as has been said—there were none. Many of these miserable beings, composing the smaller column, tvltich, amountiog to about fifteen hundred, was drawn up on tbe betteh, at some distance from the nktin body, wbile,the butchery was going on, emaped by swimming to some reefs out ofgun-shot. On perceiving this our men Mid down their muskets on the sand, and employing the signs of reconciliation and of amity, which they had learned in Egypt, invi the return of their victims. They did return ; but, as they came within reach, they found death, ancl perished amid the waters. .1 limit myself to those details of this horrible necessity of wltieh was an eye witness. The atrocious scene wakes me yet shudder when I think of it, •as when it f i p m as s s s e il d: )ie b of fearful, in this day of blood, would slimrt t ib h r a e n n d l e e s ; eribe. of the reality. I have reported the tru th-41w much Aratilliteiru'ittt'Octatilidble cci whole truth. I assisted at all the debates- I —lt all the conferences—at all the deliberations. 1. had, of course, no deliberative voice; but 1 4)wo right of votng, my vote for death would have a i to declare, that, had I possessed and the circumstances of our army, would have b it ee t n o a;li 'e r r t i r t r y ative. The result of the deliberations, constrained me to this opinion. W'e'ar unf or . tunately offers i nstances by no means rate, i n an f all tmwe which t i s t l shalt be :h e ft s l e a d w i ! t o e 't' 0110 oti:airsapteouab, good, lic posterity an i htuom judge anity whether itself he e s f u o c rg h o l t v t z e tt l i t. th I t 4 is ro r rible position o f B onaparte. I, on myepacirt, have an intonate conviction of the fact ; over, it was by th e advice of the c011i;(11 officers, whose opinio n finatlly became unatd thous, that the matter was decided. 1 MU it 41'30 to truth to state, that he yielded. 04 at the mist extremity, anti was, perhaps, one of those who witnessed the massacre with the greatest sorrow. Constable's Miscelktny, Vol. LVII. Just published, in Svo., ItEvour OF THE ANGELS. A Dramatic Poem. By EDMUND HEADE A Vi, Aothurof"Ctin th e W anderer,"" sion of Heaves," &e. Coition] and Bentley, New Burlington-street. Of whom may be had, in Svo., lOv. 611., The Second tn of "CAIN the 'WANDERER Edi ," io " A VISION of HEAVEN,"