The Sun.
London, England, 1830-11-30 00:00:00

THE KING V. GARDNER.

Mr. GURNer showed cause against a rule ob-
tained by Sir James Scarlett in the early part of the
term, calling upon Mr. John Gardner, a surgeon, at
Marlborough, to shew cause why a criminal infor-
mation should not be filed against him for vending a
letter to Mr. Baskerville,a Magistrate of the county
of Wilts, with intent cc provoke him to a breach of
the peace. The learned Counsel began by reading
the affidavit of Mr. Baskerville, on which the rule
' was obtained. The circumstances nut of which
this application arose were these :--One
_Wednei-.
day in December last, Jennings called at the house.
of Mr. Gardner, who was from home, and requested
that some medicine might be sent to his wife, who
was ill. Mr. Gardner's assistant mixed up some
medicine, and inquired whether Mr. Gardner should
call on the sick woman ; to which Jennings replied,
" Yes, when he is coming that way." The next
day a message was sent from Mr. Baskerville's house
desiring some one to come to see the woman. Mr.
Gardner being from home, his assistant, Mr. Ham-
mond, attended, and afterwards sent some medicine,
and, as early as seven o'clock the next morning,
Mr. Gardner went to the house, and then found
that another medical man had, been sent for, and
was in attendance. Some. time after this, Mr. Gard-
ner heard of some reports having been spread to his
disadvantage, and he traced those reports to Mr.
Baskervilie.. Mr. Gardner being desirous of having
his conduct inquired into, caused a - vestry meeting
to be convened, but Mr. Beskerville declined to at-
tend. Mr. Gardner attended, with his assistant,
Mr. Hammond, who was examined, by the meeting,
and they expressed their perfect satisfaction at the
conduct of Mr. Gardner; who, in the month of
April following, was re-elected surgeon to the pa-
rish. It was not until the 9th of August, in the
present year, that Mr. Baskerville convened the
meeting referred to in the affidavits. Mr. Gardner
did not 'deny that at that meeting, which was at-
tended by only two or three persons besides himself,
he had expressed himself with some warmth re-
specting Mr. Baskerville's conduct ; bee be had
affidavits to shew that Mr. BaSkerville, on this OA
other occasions, used the most contemptuous ,cpc-
pressione towards We.' One of the expressions

which he used at the meeting was (addressing Mr
Gardner) " You should not a►tend a dog of mine;"
another, " You are a -- scoundrel;" and whet,
he was going away (being then on horseback) he
said, Gardner, you are a --- dirty scoundrel,
and quite beneath my notice' He had used similar
expressions to other persons respecting Mr. Gardner,
and insulted him on other occas►ons. The Learned
Counsel detailed some other circumstances from th,
affidavits, and, in conclusion, expressed a'hope that
the Ccurt would not interfere in favour of a perso►,
who had conducted himself in the manner that Mr.
Bfokerville had done,

Sir J. SCARLETT addressed the Court shortly iu
support or the rule.—.—Ruledischarged.

-- -
EQUITABLE SOCIETY OF LONDON.

Among the great public Institutions of England, the
" Equitable Society for Assurances on Lives and Sur-
vivorships," has long held a very prominent place. This
magnificent Establishment owed its origin to a course of
lectures read by the eminent mathematician, Simpson, in
which he strongly recommended the formation of a Life
Assurance Scheme on the principle of mutual contribu-
tionshii: Arcordingly,ln pursuance of this recommen-
dation, tbe Equitable Society was instituted in 1762.
The, ignorance, however, that then-prevailed in regard tk
the .beneftta of Life Assurance, together with the ail.
.ficulfies riettessary incident to the infancy of an In-
stitution founded- on the'. principle Of mutual viten.,
sore, for many years retarded. its' progrens. At the
end of twenty-one years from its commencement, the
Aisurances did not exceed 720,0001., and the annual
revenue from premiums, 23,0601. per .annum. When
firmly 'estahlished, however; in public confidence, and
secured by the possession of a considerable accumulated
fund, and annual revenue from those casualties to which,
in its earliest infancy, the want of a subscribed capital was
considered asexposing it, its progress became astonishingly
rapid. Indeed, the very want of a subscribed capital
afterwards became the main spring of its prosperity.—
There being no body of proprietors possessing a separate
and distinct interest from that of the assured, the 'Society
felt itself free front those pecuniary burdens sod conflicting
interests attending the management of Proprietary Institu-
tions ; while, on the other band, the amplitude of its min
resources presented a security more solid than the gua-
rantee of any subscribed capital, however nominally large,
could afford. Thus unshackled, the peculiar excellence
of i!ti principle became remarkably manifested, and the So •
c'ety rose rapidly in public estimation. Each succeeding year
added largely to the number of its members, as well as to
its wealth, till at length, in 1616, an apprehension that its
business might speedily increase to an unmanageab'e ex-
tent, led to the adoption of a resolution involving an es-
sential departure from that principle of its original consti-
tution to which it owed at once its greatness and its popu-
larity. fly this resolution, the profits or surplus funds of
the Society are applied to the exclusive benefit of a cer-
tain class of members, who constitute a sort of proprie-
tary body within themselves; and thus the object of the
framers of that resolution, which was to impose a check on
the huskies* of the Society, has been effectually attained, by
withdrawing from the public what had always constituted
the chief inducement to solicit admission among its mein•
hers, via. an equitable participation in its privileges and
benefits.

But although the overgrowth of the Society has been
thus effectually, and perhaps wisely restrained, it may
nevertheless be interesting to our readers to ba made ac-
quainted with the resources of this great Institution, so as
to form an estimate of the value 'and importance of the
principle of mutual contributionship, to which, as
acicd on, it entirely owes its magnitude and pros-
perity. We believe the following to be an accurate state-
ment of ita assets at the last balance, viz.
s. d.
Stock in the S per Cents 9,960,000 0 0
Ditto 31i per Cents 400,000 0 0
Lent on' hlurtgages 1,829,859 13 .1 ,

Exclusive of floating
'Wanton '.e11,199,859 13 I
This accumulated capital of upwards of eleven millions,
proves very clearly the unprecedented opulence of the In •
stitution, but it does not convey any adequate idea of its
immense public utility. This. however, will appear from
the fact, that during last year (1829) alone, the claims
emerged by the decease of parties assured amounted
to ... £827,920 5 6
And the additions from the surplus fund,
to which these policies wet.* entitled,
amounted to

1:6014732 16 0
Making in all half a million sterling, appropriated in one
year, and by this single Institution alone, among the fatni-
lies and representatives of the deceased members.
With evidence so palpable of the paramount importance
of the principle of mutual contributionship, on which the
Equitable Society WM originally founded, theta would ap-
pear, at first sight, to be some difficulty in understanding
why those of Life Assurance Institutions, since established,
should have recognised any other principle of constitution.
But the reason of this is easily understood, when the diffi.
culties incident to the infancy of an Institution on this
principle are kept in view. From the want of any no-
tuinal or subscribed capital to guarantee its engagements,
which this principle precludes, there certainly is induced
something like a feeling of uncertainty over the early years
of such Institutions, and this is a difficulty which Can only
be successfully encountered under very favourable rircum-
stances. In England, and in the present day, the institu-
tion of a Society on such a principle would be nearly hope-
less amidst the keen and multitudinous competition with
which it would have to contend. But the Equitable, at
the time of its formation, had the field exclusively, or
nearly so, to itself—although, even with this advantage,
the difficulties with which it had to contend were most
formidable. We see, however, with what rapidity it pro-
. grtssed when once fairly established in public confidence.
This very success, however, only now serves to increase
the feeling of regret that the adoption of the resolution or
bye-law in 1816, although probably rendered necessary by
the overwhelming magnitude of its concerns, has restricted
the benefits of the Institution to a favoured class of its
members. Not a single assurance opene,l since that time,
although fourteen years are gone by, has as yet become en-
titled to participate in the surplus funds. The public,
therefore, cannot consider the benefits of this Inltitution,
on its original principle, as any longer open to them.
But an opportunity of obtaining the advantages arising
from the important principle of mutual contributionship
to their fullest extent still exists, althongh not through th-
medium of the Equitable Society. Our northern neigh-
bours profited by the experience of the Equitable, and for-
tunately selected that Society on its original principle, as
the model of the first parent establishment for Life Assur-
ance instituted in Scotland.

In 181 b, a Society teas on this principle at
Edinburgh, under the denomination of " The Scottish
Widows' Fund and Life Assurance Society." Like its
great model, it was enabled successfully to encounter the
difficulties incident to its infancy, by an exclusive occupa.
lion for several years of the field for Life Aesurance, as the
only parent Institution in Scotland, while it also enjoyed
the great advantage of being enabled to. make a d►rect ap-
peal to the success and experience of the Equitable, se
amply authorising those, hopes of ultimate sumo which
its founders ventured to hold out, Nor hive those hopes
proved fallacious. Although only fifteen years have
elapsed since the institution of the Society, it has already
attsined a much greater magnitude than the Equitsble did
within the same period of time, It was long restricted
by prudential considerations to the acceptstwo of
very litnited risks, and yet it has already , effected as-
nuance to an extent greatly upward* of one million ster-
ling, and possesses en accumulated fund of 920,0001. s
with en annual revenue of nearly fifty thousand pomade
sterling per annum,

The possession also of a large surplus fund is at onco
the surest test and evidence of its prosperity. Already
the additions exigible in the event of decease of persons
assured prior to let January, 1820, amount to nearly forty
per cent. on the• stuns contained in the original Wick*,
and there is every reason to contemplate very favourable
results at the ensuing periodical investigatiou.
The additions made to the policies in the Eptitehk,
opened before the original prinoiple of its constitution wee
altered, vary from 521. to the, eq.:lmbue sum of 4,96/. per
cent., according to the duration of the respective policies.
Making allowance for the comparative differouce of the

extent of field en tvhit4a their operations are carried on
there seems every reason to anticipate an equal success 0,,
the part of the Scottish Institution ; and if so, the lapse of
years may witneter the same reret for riot having opened
sn early policy in it, ns is often now experienced for ne,
having taken advantage of the benefits of the Equitabl•
Society, while they 'continued Open to
The great ptoeperity of the Scottish Institution hithertt
cannot be railed fortuitoos, for it arises from causes equally
simple as efficacious. In the first Pact, it was made a
fundamental law of the Society, that the expenses of ma-
nagement ehouhl not exceed a certain very moderate per
centege On the amount of business actually transacted.—
This most salutary regulation effectually prevented, at the
outset, when the business transacted was comparatively
small, any contraction of debt to clog its future operations.
and allowed the fund to accumulate at a rapid rate. I'
must also here be pat ticularly mentioned that this Society
has, like the Equitable, utterly discountenaneed the system
of giving large commissions to eolicitors,and others through
whom asiuranees May be proposed. From this heavy
charge against the profits of their business, which many
offices forms by far the heivicst part of their expense of
management, th:s Society is therefore wholly free. In the
second place, from the careful selection of lives, the rate
of mortality among the members has hitherto been, and
still continues to be, remarkably low; and, in the third
place, the Director* have been enabled to improve the
Society's foods at a rate of jolt-teat conaiderahly
"}richer
41ian that assumed u the bases of the calculations., Whin
to these considerations is added the fact, that all the tau.l
sources of profits to Life Assurance Offices, arising from
discontinued policies, advantageous Investments, and other
casual sources, are at lean equally available to this as to
other Institutions, (but with this material difference,
in the application of these profits, that they who!!,
belong to the assured, instead of being e:lclusitely applied
to the benefits of a separate proprietary), it is quite evident
that the legitimate benefits of Life Assurance cannot be
carried beyond „those which are opened to the public
through a connection. There can he no doubt, there-
fine, that this Institution, firmly established as it now is in
public confidence, and forinded on a principle which, while
the Society itself gathers fresh strength from every accession
to the number of its members, at the same time secures
to all an equitaWe participation in its benefits, must go on
rapidly. increasing in extent end usefulness. Indeed, one
of the most important of the duties devolved on its Disee-
tors may, at no distant period, oe to guard against those in-
Convenieneee which may arise. from the very magnitude of the
Society, so as to prevent the necessity, as an the case of the
Equitable, of any departure from the original and sound
principle of its constitution. If this Scottish Institution
would establish an agency in London, there could be no
doubt of its adding rapidly, perhaps too rapidly, to the
number of its members, and probably the Directors, whose
administration of its affairs has hitherto beep so efficient,
are exercising a sound and prudent discretion in restrict-
ing the business of the Society for some time' longer within
its own native field—at least in tekinc no active melanins
for evending its transactions beyond it.