The Sun.
London, England, 1822-01-22 00:00:00

PUBLICATIONS.

This Day was published,
In One Volume, 1211 w. (price 7s. Gd. sewed),
RAMMAIRE de la LANG U E
ITA-
LIENNE, snirie d'un COURS tie THEMES.
Par G. POLIDOR!.
tl of S (
old ,
)Y It. Hunter, St. Paul's Church-yard ; and at the Au-
't No. 33, Great Pulteney-street, Golden7square.
Lf)oe. Where may'lte
poet; ..NZO, on Italian Novel (price Ss. Gd. sewed); a
"
t•s.'4l Translation of Milton's Comus, Lycidas, Allegro and
11;;Z"0 s and of the Laurent of 'lasso, by Lord Byron, with
wer by Leonora.

.. .
1 This Day was published,
An erne tarer Volum, A•cr. vrios 120. in boards,
COURSE of SERMONS for the FES-
-I:IVALS and FAS I-S of the CHURCH of ENGLAND.
Arch , -By JOSEdo nPUI BOLDEN purr, A.M:
"eneott of Lon, and Vicar of St. Martin in the Fields.
Cyst for F. C. and J. Ilirington, No. 0., St. Paul's
tch-Yard, and No. 3, Waterloo place, Pall-wall. '
.1. Of whom may be had, .by the sante Author,
Ltii,'(' Fourth Edition of a COURSE of SERMONS for the
11. ,'":S DAY, throughout the Year. in 2 vols. BVu. price
......2.:1n hoards.

Iu the Press, and will speedily be published,
prit‘,New Edition, carefully corrected thrOughont, of
11E CLERICAL GUIDE, or ECCLE-
kezi , SIASTICAL DIRECTORY; containing a complete
A Civr of the Pre!Mrs and other Dignitaries of the Church :
411,1,117 of all the Benefice* in England and Wales, arranged
t4„..ll"etically in their several Counties, Dioceses, Arch(lea-
-111,':,.", &c. The Names of their respective Incumbents,
tar - rt.
,i.,41' wherein they were instituted, the Population of the
'cc, '`,Csr Value of the Livings, Names- of 'the Patrons, &c.
11)4 "mil an Appendix, containing Alphabetical Lists of
the Plenefices which are in the Patronage of the Crown,
I)6,ls,hoPs, Deans, and Chapters, and other Public Bodies.
Yilre'ed for F. C. and J. Rivington, 62, St. Paul's Clrurch-
.,<Lnul 3, Waterloo place; Pall-mall.

114tki Thiswas:published,
11)"'tly printed in One Volume, so. price 18s. in boards,
the Second Edition, of
4ACTICAL LECTURES upon the GOS-

PEL of ST. JOHN.
Part I. comprising the Six Fit st Chapters.
Alter 4Y the Rev. JOHN ROGERS PITMAN," M.A.
tiels•-ate Morning. Preacher at..l3elgrare and Berkeley Cita-
sqltg:i.lnll alternate Evening Preacher at the Foundling and
4 N,Cdit' I3ucpitais.
Dr•l'l a, ‘V' P. C. and J. Rivington,62, St. Paul's Church-yard,
04,1;„4terloo-place, Pall Mall; -Cadet!, Strand ; Hatehard,
o"ltot.,'J; Ogle, Duncan, and Co. Holborn; and Rice,
fwh 4treet, Berkeleuare.
°l4 'nay be had,. by the same Author, price 7s. bound,
t)''',X(.;pl,„ -the S:eond Edition, of
-1-417"rl'A. ex variis ROMANIS
.POE TIS qui in Scholis
'cantor.

'4l.s 1- Da
y lt,Av„s published, price in•board,, 2i. 2s.
4-Th The Seventh Quarto Volume of
LWORKS of the late Right Honourable
!'rgister—,,LiMUND BURKE, containing Speeches in West-
'' hi 'lall on the impeachment uf Mr. Hastings, Wlth
uduction addressed to Lord Viscount Milton.
Priv,te
By the Bishop of ER.
Itil.". for F. C-and J. ltivin'tun, 62, St. Paul's Church-
‘ W 11.4" 3, Waterloo-place, Pall-mall.
tntl 4.;111 Octavo Edition is in the Press, forming the 13th
litld eilk",' Volumes of Mr. Burp e's Works. The 4th, sth,
eql 'Atilarto olumes may be bad to complete that Edi-
Cl' '4" tl Works ' ' ' hoards
Are le in 1 2 Octavo Volumes, price, in,
;'itio 1 W opies of VolumesX. iOctavo
'tit 11' on Royal Paper, may be Chadto complete that
...,...z4.

N This Day were published,
7,%Printed in a small Volume. price 3s. half-bound,
ii s
pe
LIAR DIALOGUES on interesting
' üb. ••All of Jects, intended for the Amine...slept and Nome-
,., Y°ling Ladies in their HOuts of Leisure on Sundays.
r, vtiro
greh * • . and .. ..tring - , .
ii ‘ed f° P C V St Paul's
'Yard; and
N 0.313: a LADY.
\Valet too-place, Pall-Mall. .

MR. LOVEDAY'S DAUGHTERS.
,This Day was published, with Ten Cuts, price Is.
, -11. F. MIRACULOUS HOST TOR-
T
„ 12„'43RED by the JEW, under the reign of Philip le Be!,
tiri,?o: heing the Legend which converted the Daughters of
\-"uGLAs
,-,iri LOVEDAY, Esq. under the reign of Louis the
•'e Collet", of
''Y ti 'n 1821; from the original French Work authorised
Theolo,,v Paris,at-in the Publisher's pos-
&slur, „7.,
TEN . ~.,,,,.
tiz'—'rh " ith GUIS. copied from the. same. Work.i
bill„,,,___ e Arms—Bargaining—ilteceiving—Delivering—Sta i-
in.:, llagellating—Lancing ~..Boiling—Recovering—Burn-3io
3io which is' adrli,d, • • '
Prin,ed R. LOVED'S NARRATIVE.
e2_ „ , fur William Hone, No. 452 Lurigate-hill, and No.
4 ateruoster-row.

GENTLEMEN—Let us now pass to other plans of relief po-
pularly agitated. It is said, that as we cannot raise corn to the
price required by taxation, we must bring down taxation to the
price of corn. But how ? The borrowed money was in a de-
based currency, it is said, and we ought not to pay it in a cur-
rency of higher value. This is easily said ; but to
.make the
distinction thus laid down, -I conceive to be, in impos-
sible. Half of the debt was contracted before the Bank-notes
were depreciated, and the interest upon that part was paid, dur-
ing the latter part of the war, in the debaSed money ; the other
half was contracted when money had sunk in value, and we are
now paying the interest in the restored currency; so that some
(4 the public creditors get too little, and others are getting too
much. But the diflizenteparts arc so mingled and confounded
together, in • the course of trade and bitsmess, that to separate
themis quite impracticable. •
There are persons who advise a large reduction of interest on
the whole debt. But this is a measure to be resorted to. in a
case of extreme necessity. The nation thereby declares itself
bankrupt. Consider what it is for a country, whose greatness
is mainly founded upon commerce, to proclaim itself insolvent.
Reflect upon the national dishonour ; the extensive ruin ; the
embarrassment of all dealings between man and man ; the dif-
ficulty of restoring credit ; the danger to the peace of society;
that a bankruptcy implies ; and I think that you will then agree
with me, that every other• resource ought to be tried. Among
these resources there are two very obvious—The first is a severe
system of retrenchment—a spare regimen for all who live upon
the public money. When an individual is unable to pay his
debts, he does not, or ought not to say—" My carriage and
horses are necessary to me, I must keep them ;" he says—" I
have no money, and cannot keep my carriage and horses."—
In the same way the Government ought to renounce every
species of luxury. Mr. Hume stated last year that we might
save by economy 3,000,0001. yearly. 1 will suppose only
2,000,0001. of this retrenchment to be practicable, and 500,0001.
to be saved in other ways that Mr. Hume did not contemplate.
We have thus 2,500,0001. taken off our expences.
The other source, from which-some relief may be obtained is
the sinking fund. The operation of this fund was very clearly
explained in a paper written by the Earl of Lauderdale some
time ago. During r the war an artificial prosperity was creat-
ed by an immense expenditure of capital, which raised the
prke of all produce : since the peace, on the contrary, the Go-
vernment, instead of raising 30 or 40,000,0001. a year, by a loan
to be laid out in food, clothing, and pay of our army and navy,
have been raising as much as they could collect beyond their
'immediate wants to repay the holders of stock. Thus capital or
money, instead of being expended with profusion, has been col-
lected and accumulated in the hands of capitalists or monied
men ; and inasmuch as the one excess created artificial prospe-
rity, the. other tends to produce artificial distress. I know, in-
deed, that Mr. Vansittart, and the Agricultural Committee
after him, have held, that the accumulation of money, and the
low rate of interest consequent thereon, will enable the land-
lords to relieve themselves, in part, from the heavy burden of
their mortgages. It is unnecessary to say, that to encourage
men to pay their money in taxes, that they may afteewards bor-
row the same money from merchants and brokers, paying inte-
rest for the use of it, is but sorry comfort. It is indeed merely
a scheme for making one set of landlords come to the relief of
another set, through the agency of the monied men, who are to
be enriched by the transaction. But, dark as such a hope must
be, in point of fact, the landlords are likely to be deprived even
of this resource. Instead of lending their money at a low inte-
rest to English landholders, the monied men find it more pro-
fitable to get 7 and 8 per cent. by the purchase of Danish bonds,
Prussian stock, shares of the Neapolitan loan, &c. But the
money which is extracted by the hard gripe of the Exciseman,
from the English farmer and labourer, is placed in the hands of
the Commissioners of the Sinking Fund, -who buy stock with
it : the seller of the stock purchases with his cash a share in
Mr. Rothschild's Neapolitan loan, and the Englishman's tax
is then sent off for Naples to pay the Austrian troops for pre-
serving the Yeapolitan nation from the horrors of a free Go-
vernment. And this is the manner in which Mr. Vansittart
and a Committee of the House of Commons propose to relieve
the distresses of the farmers of England. I think you will
agree with me, that it would be better to abolish the Sinking
Fund, and repeal the taxes which go to its support. With re-
spect to the amount, in 1819 the House of Commons voted that
there ought to be 'an effectual Sinking Fund of five millions ;
but it cannot fairly be taken at more than two millions and a
half. In twenty years of peace this Sinking Fund would pay.
but a small proportion of our debt. It would be much better
certainly to relieve 'our present embarrassment, and provide
for the debt by other means.
If we add the two millions and a half which we had before
saved by retrenchment, to the two millions and a half of the
Sinking Fund, we have five millions that may be taken off the
taxes. The next question is, what taxes ought to be taken off?
For my own part, I should clearly say, take off the taxes on
salt, candles, leather, soap, and part of the malt-tax, which
press upon the farmer and agricultural labourer. Political
economists will tell us that these taxes do not affect agriculture
more than any other taxes, if they are all paid by the con-
sumer. That is indeed very true, if you can persuade people
to consume; but the difficulty lies in this—that men will not
be consumers of an article that is overtaxed. Thus, if A, a
fanner, wishes to sell his corn to B, a consumer, B, having no
longer the same. quantity of paper-money. at command, has re-
trenched the quantity of puddings and pies with which he re-
galed his friends, and has laid down two of his horses. Thus
A, the farmer, is unable to sell his corn at the price which
would pay him for the taxes and wages he has. laid out in pro-
ducing it. But if these taxes are taken off, the farmer can af-
ford to sell his wheat at a lower price, and even if he does not
obtain any great profit, yet his cem is always of a value to
inaintsin himself and his family, and some surplus willremain
to lay out on manufactures.
To resume what I have said, then, it appears to me that your
exertions, if directed to petitioning for a Corn Bill, will cer-
tainly fail of success, and in all probability drag you into a
worse situation ; it appears to me likewise, that nothing can be
done with justice or true policy to lighten the pressure of the
debt. The only safe remedies that are at hand seem to consist
in a retrenchment of the public expences, the abolition of the
Sinking Fund, and the repeal of some of the most obnoxious
taxes. I have advised you, without any factious motive, not to
look for relief from measures .that the - Ministers are likely to
originate ; still more strongly would I advise you not to place
your reliance upon what is called a discussion in the House of
Commons of your grievances, your interests, and your prospects.
Too often have you looked to a debate as an occasion from
whence some specific cure for your disorder was to proceed :
but what has been usually the event ? In an assembly which
is on these occasions
" A mob of gentlemen who speak with ease,"
one member gets up after another to state his peculiar views and
his peculiar nostrum ; but even though each of these nostrums
were endowed with incomparable virtue, the mixture of so many
produces nothing but confusion. It is the Minister alone who can
pass a measure, and he must be compelled to do it. I, too,
have my nostrum, but I see no use in proposing it to the incre-
dulous. I shall, therefore, conclude by adyising you to re-
solve for yourselves, after patient mediation, what measures
are likely to be of service to
.you, and when you have done
that, to embody your wishes in a petition, firm; strong, and
resolute.
I cannot conclude without reminding youehowever inflam-
matory it may be thought; that the expenses of the country are
closely connected with the question of, Parliamentary Reform.
In 1816 and 1617, motions for the reduction of the army and
the appointment of en efficient Finance Committee were sup-
ported by a great majority of county Members, and nega-
tived by a large majority of the House, consisting. almost en-
tirely of Members for small boroughs. The few county and
city Members who supported extravagance on these occa-.
sions, only retain their seats from the great expense of elec-
tions. 13 not this a practical proof of the necessity of Re-
form ? I have the honour to be, your faithful and obliged
servant, J. RUSSELL.

This was an action of assault and battery... The defendant
suffired judgment to go by default, and upon an inquisition of
damages before a Special Jury at the Secondary's Office-in Tri-
nity Vacation, a verdtct was found
.for the plaintifF—daniages
80)1. In .Michaelmas. Term a rule Nisi was granted for saung
aside the inquisition, and granting a new writ of inquiry on the
ground of excessive damages.
The particulars of this case have already been fully before the
public. The plaintiffis a respectable working silversmith and
i
the defendant s, a respectable arid wealthy wholesale jeweller,
and a member of the Common Council of the City of London.
At a meeting of the trade, at which both parties were present,
for the purpose of considering the subject of -stamp duties on
mourning rings, it became a matter of inquiry who was the in-
former against a particular individual who was supposed to
have violated the law. It was stated by. some person pre-
sent, that the defendant was the informer, of which there
was not the slightest proof ; and conceiving from what then
passed that the plaintiff had circulated the report, so in-
jurious to his feelings and reputation, he became highly in-
dignant. Before, however, 'he came to the decided 'conclusion
that the plaintiff was the author of the calumny, he sent
him a note, desiring a conference upon a matter highly. inte-
resting to them both. Within an hour after this note reached
the plaintiff; he attended at the defendant's counting-house. In
the mean time the defendant had just written a letter to Mr.
Lambert, the Chairman of the Meeting at which the calumny
was circulated, in which he exculpated himself from the im-
putation, and in doing so had wound up his feelings to the
highest pitch of indignation against the author of the slander.
Immediately after he had sealed this letter the plaintiff en-
tered the counting-house, and, heated and, irritated by his own
feelings, he taxed the plaintiff with having circulated the re-
port. The plaintiff uttered a few words, which the defendant
supposed were the Commencement of an avowal and justifica-
tion of what he was supposed to have said, when, in the heat
of the moment, he seized a light gig ivhip which hung up in
the counting-house, and committed a violent assault upon the
plaintiff: The whip was broken on his head, and he sustain..
ed a very severe personal injury. After the unfortunate affray,
the plaintiff was accommodated-with water to wash his wounds,
and was sent home in a coach. This was the general outline
of the case, and the Jury gave the damages above-mentioned.
Mr. C. l'Hiatirs now shewed cause against the rule, and in
able and eloquent argument contended that the rule for setting
aside the inquisition must be discharged. lie referred to a
variety of cases, in which the Court had been slow to interfere
with the province of juries, even in cases where the damages
were apparently excessive. Unlctss the damages were so glar-
ingly vindictive and outrageous es to be against the common
sense and feeling of mankind, he insisted that the Court ought-
net to interfere. This was not such a. case ; and he took an
able review of all the circumstances to shell that the Jury were
perfectly warranted in the verdict they had given.
Mr. SCARLE TT and Mr. DENMAN werebeardein support of
the- rule. They urged that the motive of their respectableclient,
in seeking to have this case submitted to the consideration of a
second Jury, was not so much with a view of lessening the da-
mages, asof vindicating his character from the supposition that
the intemperate act into which he was unhappily betrayed, had
been the result of deliberation and a malignant feeling towards
the plaintiff, with whom he had never had the slightest misun-
derstanding previous to this trancaction. Conscious that he
hal been mistakenly led to believe that the plaintiff was the
author of a most Injurious aspersion on his character, he
deeply lamented the error into which he had fallen, and e soon
as he was undeceived, helook the earliest opportunity of ex-
pressing his sense of contrition. It was not a pecuniatee object
which influenced him in the further agitation of this nnhanpy
dispute, but having through life borne an- irreproachable cha-
racter amongst his fellow-citizens, he was most anxious to res-
cue his conduct from that inflammatory and exaggerated com-
plexion which had been given to it by the ingenuity and tor-
tui ous colouring of an eloquent advocate, who had stated eir..
cumstances, in pursuance of his instructions no doubt, which
were not borne out in evidence. The unfortunate acts of
Violence committed on the plaintiff were the effect of mo-
mentary irritation, excited to the highest ignition by the
equivocal manner in which the plaintiff demeaned himself
when accused of being the author of the slander. They
further urged, that at this time the defendant was labouring
under the influence of a severe domestic calamity, well calculated
to destroy that equanimity of mind which generally marked .his
behaviour through life. At that moment the wife of his bosom
was on her death-bed, and in a few days afterwards he actually
carried her to the grave. Complaining that the case had not
been fully and fairly laid before the .fury—that the defendant
was left without Counsel, contrary to his positive instructions to
his then attorney--athat he had not the opportunity of making
an adequate defence—that the tribunal itself was not of the first
order, and urging that there was enough in the case to shew
that the result was not satisfactory, they trusted that the Court
would send the case to a secondinquisition.
The CeitinT were clearly of opinion, under nil the circum-
stances, that this was not a case in which the decision of the. Jury
ought to be called in question. They were by to means satisfied,
that if the case went to another Jury, the result would be dif-
ferent; and seeing nothing in the case to warrant them in the
conclusion that the Jury had acted from any undue or impro-
per motive, they not feel themselves warranted in disturbing
the verdict. —Rule discharged.

COURT OF COMMON PLEAS,Ian. 21.

REVS MIL NYNAsToN, V. THE EAST INDIA COMPANY.

CLAIM CP TITHES.
Mr. Serjeant VAUGHAN -stated to the Jury, that this case
came before them by an issue f:om the Vice-Chancellor, to as-
certain the value of certain warehouses in the occupancy of the
East India Company, that was the letting value for each and
every year from Lady day, 1804, to Lady day, 1821. The facts
of the case were these :—Mr. Kynaston was the impropriator of
the tithes of the parish of 'St..l3otolpb, which property desoerid-
ed to him as an inheritince, having otiginally been purchased
for 12,0001. or 0,0001. by one of his ancestors.. His grand-
father had been for years embarked in litigation upon the
same subject, and although the fortner dispute had been adjust-
ed, yetit was the lot of the present plaintff to be
.nain embroiled
with the East India Company respecting the amount of tithes
which these particular warehouses 0401 to pay to him as 'rec-
tor of the parish. Ile was glad that the jury had seen the
premises, and-were therefore better able to estimate the differ-
ent valuations which they would this day hear applied to, the
particular premises in question. As brig ago as the 37th year
year of the reign of Henry VIII. in consequence of some dis-
putes between the citizens of London awl particular rectors, an
Act of Parliament was passed which established a commission
or the great officers of State to affix a permanent scale at which
the London tithes should be paid for the future. The regula-
don then established, and ever since tcted upon, Was this—.
that for every 10s. of annual rent paid by a tenant for his pre-
mises, the tithe Payable was fixed at 13.4 d. ; and forevery 20s.
rent, the sum of 2s. 9d. The East India Company not being
tenants, but in point of fact landlords thmiselves, denied the pay-
ment of tithes altogether upon these ?remises, on the ground
that they were not tenants, and therebre without the operation .
of the Act of Parliament ; but after a long course of litigation,
it was decided in the House of Lords, that they were bound to
pay the tithe, in the same proportice as if their warehouses
were under a different occupancy. Inthepresent case, the liti-
gation between the parties arose out of disputed estimates of va-
luation upon the fair stowage which tie premisescontainedtlar-
ing their occupation in the years dready mentioned. The
-Learned Sergeant concluded by statng generally, the amount,

of tonnage which his witnesses would prove these warehmises
were capable of containing. The estimate of valuation, he
begged to - say, was intended in this case. to be affixed retro-
spectively., and not prospectively..
A document was put in, shewing the rate of stowage charged
by the East India Company to private merchants for storing
their <veal& •
Lord Chief Justice DALLAS,. before the. case proceeded far-
ther, begged to submit generally to the jury the main points to
which he thought they ought throughout the trial to direct their
Attention, First, what would these premises produce, if let to
tenants annually from the
.year 1804 to 1821, having reference to
the prime cost of the building ? He did not mean that the prime
cost ought to be considered as a conclusive rule, the Vice4;han-
cellor did not. think it was ; still it would, perhaps, baas well to
consider that point also. Secondly, what would these Warehouses
have produced, having reference to the general market price of
warehousing in the city of London, for such a quantity of stowage
as they were capable of containing ? Thirdly, was that quantity
of stowage obtained with more convenience, and therefore ad-
vantage, to the tenant in this particular spot, than it was generally
obtainable elsewhere? Was the value to the tenant thereby
increased, and what ought to be the additional. price in eonse,
quence ? Fourthly, if the substantial character of the building
was such as to afford greater security than in the ordinary way
against fire, robbery, &c. ; and what addition ought on that ac-
count to be allowed; and, lastly,
if they were, from their pecu-
liar character and advantages generally, superior in value to
common and ordinary property of that description, and what
ought on that account to be-allowed ? ,
A Juror begged to observe, that he could not see how the
prime cost couhl affect their present valuation ; tbr were he to
take stores, he should.merely consider present value, and not
what they might have cost.
Lord Chief Justice DALLAS concurred in the opinion of the
Juror; but said that it would be as well, after the litigation
which had taken place upon this question,_ to make the estimate
in a variety of ways, so as to convey the best information to the
Vice,Chancellor.
The first witness was Mr. John Barrow, in the house of Sut-
ton, Halliday, and Co., East India brokers, who deposed that
the schedule of rates charged by the Company were upon an
average with the general charge for warehousing in the city of
London. The premises in Haychton-square-were, in- his judg-
ment, the best in London.
Moses Brandon, warehousekeeper, was well acquainted With
the. East India Company's warehousing rates, which were upon
an average with the general charges for the same in the city of
London. .- ,
William Perry, clerk to Mr. Montagne, the surveyor, ex-
amined, said that the measurement of the warehouses in ques-
tion was 3,325,245 cubic feet; this included nothing but storage.
The Ilayilon-square premises measured,in addition to the above,
220,951 feet, 9 inches, cube.
Cross-examined.-.-This calculation did not include counting-
houses, or any.part not applicable to the stowage of goods. •
Joseph Sill, a warehous-keeper and wharfinger, said that he
thought the premises worth in June 1819, (then forming his
estimate from the external appearance of the buildings, for he
did not then obtain permission to enter) 11,0301. annually. In
11121 he obtained permission to inspect them internally, nail had
examined them in detail under an order from the Court of
Chancery, and he then confirmed his former valuation, stating,
froWever, that he thought them' worth more; but, he made no
addition, having been desired. to be moderate in his valuatio)t.
Six shillings for every 100 square feet would make 11,4751. 12s.
inclusive of two houses which adjoined the 'warehouses ; and
6621. 14s. was his valuation. of the Haydon-square premises.
His estimate was not made upon any peculiar advantages which
the-East India Company might derive from stores so situated,
for their chartered trade, but-upon what he considered the an-
nual-rental which there would be no difficulty of obtaining for
them generally, if to be publicly let for the purposes of trades
The Lords of the Treasury had very wisely, as he thought, ap-
pointed these warehouses as the receptacle of:private trade—he
had no doubt that if the Company gave up these warehouses,
they would again be taken by the Treasury for the same pur-
pose. But he formed the above value intrinsically, and not
upon,external or contingent. circumstances. Ile could not say
whether in the yearslBlB and 1819 he should have found it easy
to get tenants at the rate he mentioned ; but the sum he had
set down was, in ibis opinion, the fair average valve from .1844
to 11;21, • taking the good and bad years together. The rent
charged by the East India Company to private Merchants, for
warehousing, amounted to double the sum he had set down in
his present valuation.
Cross-examined—He had no doubt that the value he Lad esti-
mated would he practically obtainable in the market. if they
did not bring this price, he should say the trade of London was
annihilated. his valuation fairly applied to the Average of. the
last 17 -years :. he, could not speak to the value with.-precision for
each and every year.
Lord Chief JuStice DALLas.The issue to lre tried here,
must, if possible, find the value for each and every year.
Mr. Robert Smith, wharfinger and warehouseman, had
valued these warehouses. His estimate was '11d; per ton per
week, according to the East India Company's rate of charges
for warehouse rent ; but he had no doubt that singe 1804 these
warehouseS were worth from 10,0001. to 11,0001. a year, at an
average-of years, between man and man, forming his opinion
upon the articles usually contained\ hi them. -Their valnatats
enhanced by their, capacity to 'contain a great variety of goods.
He estimated the value upon the peace establishment ; were he
to limit it to the years between 1804 andlBl4, it would be much
higher.
Cross-examined.—A warehouse of five floors, each 12,feet
high, was more Valuable than one of six floors, each If; feet
high, because of the intervening beams choking a proportion of
the room. The efi'ett of the establishment of the London and
West India Docks in 1804 did certainly depress the value of
up-town warehouses, hut not below the estimate of iis. for every
hundred cubic feet, liable to all taxes, &c. He made his calcu-
lation subject to all depression. He had not made a calculation
of the value of such premises to an ordinary tenant, without re-
ference to the goods tit be stored ; but were-the Company to
have been about to dispose of the premises in 1804 for a term of
21 years, he should have valued them at from 10,0001. to
11,0001, a. veal'.

1111- Prederiek Prirdey, a West India broker, acquainted-With
4.;!'2 value of warehouses, said, that in the years -1813 and 1814
these premises: would bring a rental of 13,0001. or- 14,bovi.
year. The deprssion was the. loweSt from.lBo4 to 180, at
which period they would not have -brought more than 10;0001.
a year. In 1314 he had' no doubt they would. let on lease 14
years for 13,0001. a year.
Mr. Richard Heald merely proved that the 'rate of rent for,
stowage charged by the E7;st India Gonqiaoy eorrespondLd with
the general market price. lie knew there was a deprqsion of
value fur warehouses iionl 1804 to 1800, but not since that.

period.
Mr, Wm. Goold proved the rent which the East India Com-
pany paid for some stores to Mr. DaMberg to be 1,3421 a year ;
but they only took them for ma temporary purpose, and d ey
had the use of the crane, rope, and tackl?, and were exempt from
all 'taxes and repairs. :They hav6 occupied them :at the s.une
rent, from 1017 to the present period,.ao y:ewly tenants.
Mr. Perry was recalled,' and he said,. that according to the
ratepaid by the Company for the last mentioned premises, which
''he knew, the value of those-.now under consideration would
amount to 20,0001. a year. ' •
;Mr. Joseph Gwian, anyaNhiteet and surveyor, estimated the
Value of thei,e warehouses at 1 1,9831: yearlx rent, and described
the particulars o; which his valuation 'was -composed. _Froth-
-1801 to 1821, year by lear, he thought this their value to any
tenant.

Mr. Lang valued theni at the 'same yearly rent •as the last
witness. • • . • • •

The plaintiff's cr.se.v,:as here closed.

Mr. Sergeant 14135 s then addressed the. Jury for the (blend-
ants and said.-that the teal question here was, what vain( these
premises would have brought if let to any ordinary tenant is the
general market during the nara between latarill 1821. N.;it' er
party was, he thought, required to specify the actual yP
sum for eac4 of the 17 years; the general_ average miaow it
he, thought, satisfy all parties, if ascertained upon a safe and
reasonable rtile'Of Calculation—not such as the east-India

-
pany ought to pay for the convenience of Their particular .gotx.s,
and with their'peculiar privileges and advantages: but such as
any ordinary tenant could pay in the market, were t?:. s.•
to be let, as others, for private use. lie shOuld produie
nesseS who; 'not acting in their estimate of valuation' upon. ante-

cedent-hYpothesis, but upon plain practical a:Feet, waul,4 state
more reasonable and applicable conclusions Which ukcy
drawn from:the ori occurrencesin bnary- mark.t in'
_ _

,
ting of common warchou'ses in the city of i,ondtin. •:1I e e.r.tpied that:
what the Company paid under particular circupstane%s fot
warehouses was a fair criterion ; 'neither was their'n.ri rate of

charge for warehouse becat'te7the it.bad.ati
the adlamage of their Kootlg tieing available for the liAt
Ile should ucw call witiwsscs, w.:10 would,