The Sun.
London, England, 1831-03-11 00:00:00

LENT ASSIZES.- (RECEIVED THIS DAY.)

NORTHERN CIRCUIT.-LANCASTER, MARCH 9.
DEED STAMPS.-MOORCROFT v. GRIFFITHS.

This cause, which was tried yesterday, was for the recovery of
the arrears of two deeds of annuity, granted by the defendant, a
builder at Liverpool, to his wife (from whom he was separated)
and his son. The execution of the deeds having been proved,
Mr. WIGHTMAN, for the defendant objected that the num-
ber of words, in the deed were too many for the stamps, and re-
ference having been made to the Prothonotary to ascertain the
number of words that gentleman reported to the Court that the
deeds contained only 97 folios, whereas the stamps were sufficient
for a deed of 105 folios, there being one stamp of 11. 15s. and
five stamps of I/. ss. each.
Mr. WIGHTMAN submitted, that the stamps were insuffi-
cient, inasmuch as thb clause of the Stamp Act, attached to the
schedule, and applicable to deeds of this description, provided,
that for " deeds of any kind, not otherwise charged in this sche-
dule, nor expressly exempted from all stamp duty, 11. 151. ; and
where the same, together with any schedule, receipt, or other
matter put or endorced thereon or annexed thereto shall contain
2,160 words or upwards,. then for every entire quantity of 1,080
words, contained therein, over and above the first 1,080 words, a
further progressiye duty of 11. 55." Now 1,080 words being 15
folios, the stamps to this deed, which contained 97 folios, would
cover only six times 15 folios, namely 90 folios.
Mr. Justice PARKE said the stamps certainly appeared to be
insufficient, and asked Mr. J. Williams, the Counsel for.the
plaintiff; what answer he had to give to the objection
Mr. WILLIAMS said the objection had come unawares upon.
him, and he hoped his Lordship would allow the case to stand
over until this morning, that in the mean time lie (Mr. Williams)
would look into the Stamp Act.
This morning Mr. WIGHTMAN stated to the Court that he
had since yesterday considered the Stamp Act more minutely,
and he was satisfied his objection was not tenable. The Act im-
posed an additional duty of 11. ss. upon every entire quantity of
profession,
tional parts of the fifteen folios, and as the deed in question con-
tained only seven folios abovesix entire quantities of fifteen folios
fifteen folios, and as the Act made no provisions for
each, he thought six stamps were sufficient.
gwrhelkoal
saNtdVc:oircs
teleAtrhnsealtpasS—i
nsWai
ghoantogft ootthhkeepolstahtamceer hbperruAenceythepsotuertrtdthhaeey
aaamunse:
caused
rtahce_
con-
struction on it as had been put upon it by the parties who had
prepared those deeds.
Mr. WIGHTMAN—If my objection had prevailed, it would
have the effect of unsettling more than half the deeds in the
country.—Verdict for the plaintiff—Damages, 50i,
ASSAULT UPON
v.
MERRYWEATHER. AN ArroRNEY.—POSTLETHWAITE

This was an action brought by the plaintiff, who is an attorney
al Ulverstone, to recover from the detendant, who la a land SLII,

veyor in the same town, compensation in damage; for at.!

and battery.
erje a tpCARROKSES
must
o,
The Jury found a verdict for the plaintiff—D.o"g°'
farthing.
battery.
rb.:‘ilrr
JusticeB
ped
7'hos. Rolland, aged 411, and William Bailey,
takehis
dieted for stealing, on the2lst of October last, at Asht°"*.--ga!
Lyme, in the dwelling house of William Smith, of P.of,
England note of the value of 101., one ditto of the vaigel34l
nine sovereigns, and 10/. in silver.—The Jury fcain
Not Guilty, and Bayley Guilty. donent,
The prisoner Bayley having been called up for .the leaf,
tence of death was recorded, with an intimation from
Judge that there would be a commutation of the Lit
James Kirkwood, aged 20, was indicted for utteringuan'd p
pool, on the 11th of April last, a forged Bank of Dew deft
for 305., knowing the same to be forged, with intent ere
the Governor and Company of the Bank of Irelancl.,),"'ir per,'
other counts charging the intent to be to defraud ow
named in the intQctinent. ducted
Mr. COUP.TENAY and Sir GREGORY A. Lnwrs co,n fottoil
Lotimrdesthoipcoi%n,osuidldercoefrttith'yof.oor
case for the prosecution. Mr. COTTINGIIAM appeare.
son ers.
._ay

rt(

toe,
1141,4,,

Thei‘lr.
ccaoserhraivNi nugHbeAen‘ i statedsaid, fori,e itilaide par: set io
objectionn.
t_or the e ic°000:
1., Tile
ment, which, if successful, would save the time t',, that 1,740 spa
He took the statement of his Learned Friend to Ff,/relsil:l , ''''
note in question was an Irish bank note, payable in Ge 0..,;„ . i,
that the indictment was founded upon the statut_niet :,, it 'TI
chap. 89., and that the offence charged was the ut*aritart,l7 ••por,
note in England. Before the passing of this Act oi ed oats, et„, .4
the Act in force for the punishment of uttering fled i 0 siot ted
England was the 2d Geo. 11. chap. '25 ; but it wr3i3,B, do„ _el
i
case of the King v. Duck, Ist Leach, page, pet.; ‘4 8 tai
much as the 4th section of that Act provided t0..1"e 111.". ft 'hp,
that Act contained should extend to Scotland, told, st—i p
in England of a forged note, payable in Se°oe2,l4l
.the
not come withing the meaning of that Act. .ctly or_',ist .44 e,..,
said that it had been so held, perhaps he was not An
~aasp;-ibe ~., .
because the twelve Judges were divided in opinion 13P°:,_ tssl A Cloti
siblriniiitsiotlahnreerdco,,ocaitssreirnqeueceownmacerhoefenlddtethaiintfod;iiaffeepr:7earndsecoeno,of fw,,oitipihicnchiohne;73. $
o;,of,
40,www
King.id 10,5, • ted
Russell, and Ryan," (page 71), tried at the Old looli.,:ii
year 18n3. To remedy the inconvenience resultinl.a, 'id' ' "Ti
decisions, the Act 45 George 111., chap. 89, was P'Tiori pf,' Itim_ .
order to show the extent to which it was the inte°talus• ,h,' --WI •
Legislature to remedy the inconvenience, the first retit.i' 91, cien,
vided that it was expedient the provisions of that AC't grlrdt Its ."'
tend to, and to be in force in " every part of Greatio ;Po o ••.,..qrl
Now he (Mr. C.) contended that if it were the inters
_,,.,, „,
tzi ~..
Legislature to include Irish bank-notes within the4t7i11,,,5 h;
this Act, the words would have been " every part'", the S t hi Pl 4
Kingdom of Great Britain and Ireland," instead ;holy -4- tip it
" every part of Great Britain," which includet,
~.,te vi, y, t
land and Scotland. The Learned Counsel reiv'-ofwibil . .411,
veral Acts of Parliament, which it was the intention e of
gislature should extend to Ireland ; and the langlgoretts .
Statutes was " every p .rt of the United Kingdom 0 f
fain and Ireland." _ „ay o -14644*
Mr. CO li ItTENAY and Sir G. A. LEMYN, on peunteslf,
prosecution, contended, that as the uttering of the 04011, 4.1,1
England, and as the language of the statute was gelirteiZi Ifni,
every part of Great Britain," it must apply to everYte tee `4l
a forged note in England, and that if it were the t0t0,70 14. Ito
the Legislature to exclude Ireland from the stattinlipeapee ".opi,
words in such cases "that nothing in this Act CO°,,nisfe *ill 1,
extend or be construed to extend to Ireland," wo°' Ilt ht
introduced. 01 , Ve ti,
Mr. COTTINGHAM having replied, but 4 ,
His LORDSHIP said he should not stop the trial, cepV VI,. '
in the event of a conviction, reserve the point for the too del iltal
tion of the Judges.
evidence //d tl}l• t°ted
The trial was then proceeded with, and the ~,, ~ .Al_,
on the day named in the indictment, the prisoner Tel tsr . ."4,9►
note (which was forged) to the keeper of a house of lid 'Ti
Liverpool.
The Jury found a verdict of Guilty, but the prisoner 11° cl4obiillt..4;
called upon fOr judgment.
that th,
ttpt._,
10, 4117 1
by Lot
tio,o

CHELMSFORD, MARCH 10.
(45;
BREACH OF PROMISE OF MARRIA-
APPLIIIY V. LINES. fi
The plaintiffin this case is the daughter of a mariro-11,et--
a master, but now only a mate, and the defendant is 3; iffo
surgeon, living at Thorpe, realizing 4001. or 5001...aitAdo
his business. It appeared in evidence, that the P
living with Mrs. Wilson, of Thorpe in 1529, in then',v''
a servant, when Lines came to reside next door. niisflp/
that she was a very nice, modest, and industrious Y'aftVil
and being sadly in want' of a wife, mentioned tilecolOPso;
friend of his, Mr. Aublion, a colt-breaker, residing a'__Ate'lo
and asked his opinion, whether Miss Appleby would a, r'
good wife ? Aublion strongly recommended her,ands34,
warrant her, and forthwith proceeded to the young.
form her of the good news, of course eulogising Mr. I'4o
parties consequently became acquainted, and so eoT'teti 0011
some time. The defendant made no secret of his M $llO,
marry the girl, but mentioned it to many of his friends,
after the commencement of the courtship, he ulia 5011
which she could not then accept, stating that she had be
a reason which he made very light of, professing 03 'lO
her for her person only. The acquaintance was still
but it is needless to repeat the oft told tale.
He was fond, and she believed him :
He was false, and she undone. et
In March, 1829, the plaintiff returned ho.te, and inW
of a few months she became a mother. The father or •:;,40,,er.
tunate girl, in the February following, had an intervie4o,s.
defendant in consequence of a letter received from i'd
Lines said lie should have married the girl months an
before, if the Thorpians had not persuaded him to the 0t
In the beginning of March, 1830, he went to see 07094
and repeated his promise, and wished her to fix the (1,300 t Opi,
wedding, and to postpone the christening of the ciliinted.oo
days, when he would come again. To this she con'eoed,
was after an action had been commenced. At the time Atev'
meeting her again, he sent a letter desiring her to t" ,ofe al% ii*"
Sperling, her solicitor, to stop all proceedings, as ,``.ll
to fulfil his promises, unless by so doing, he should ri!..00, ale
happy. This occurred just previous to the Lent
but no sooner were they passed over, than the recolle2.3
promises had passed also. At the end of that month, ID 00:,;
the father, called upon the plaintiff with his attorile.,;,lo.
whether he did actually intend to marry his datien,ctloVl
Mr. Lines said, " I suppose if I do not, you will I -
again." After a little conversation, Appleby asked Deglo,o,l
did not recollect what he had told his daughter at 01,0
of the month, and the promise he then made her? A:
says Mr. L., but I have altered my mind, since thap
then absolutely refused even to make the only repail 10
was in his power. the
Mr. Serjeant ANDREWS very eloquently address.o
in mitigation of damages, and pleaded the extreme P:d.selnn 16P
ub
the parties, the plaintiff being only 21, and the detioto,
eii
about 22 ;he also mentioned that some reports, inl 117
t~ The
tchheayrahcatedr
ionfdtuhceedplhaiins tcilffi*,e,h,tadto
001
The Learned Counsel offered no evidence to Pr°l:
were entitled to credit, and every witness who N0'007,4 414
respecting the girl's character, spoke to the contrark:sfileiv
beebrenaskporeffadthaeb°muattlielh7:
they had never witnessed any levity or improper bet'
The Jury returned a verdict for the plaintiff, al' FPO k
damages at 300/. GURNEY and RYLAND for th,
%al
rublie
purl
,41 th,
tt""jl
441
es., etl
j:1111ti
uk,e;

THE FUNDS.—(THIS DAY.)
0
CITY, TWELVE O'C—r,6"
spostnuri
Calcutta Papers to the 22d of October, and Madrq
the 9th of November, have been received at the North

American Coffee-ho Use.
(From the John Buil of Oct. '2'2) , 1014?"
Accounts have been received of the death of hi', A
(From the Bombay Courier of Oct. `4;/„ide,n;f4
The alarm which the proceedings at the rr-i.d gei',J
created are strongly evidenced in the coming forWa,,,
tives of Poonah, notwithstanding the assurance of tn'ilis
that there was really no ground for any alarm as iri;"
Government would certainly preserve its faith to tneThi
Extract of the Governor's answer to the sirdar*
and inhabitants of Poonah itis e
" I have perused your address with attention. , if
factory proof of the content and happiness nat
der the established rule over the country t"p,
•
be changed. The sacred pledges of faith g,,o„'"flot,
the British Government will never be broken; u;es _AP?
fore, let your minds be disturbed by the groundle. sou,
of persons who are alike ignorant of your sentimenolopri
dition. lam attached to the natives of India, frt"to,
sided among them from almost childhood to old age!igra,k)
all the natives under the Presidency of Bombay,.l3oovener4l
proofs of personal regard since I became their t!jor
will write and transmit your address- to Englandep
country I return in a few months, and when there .400
me as your sincere friend."
(From the. Calcutta Price Current.)_,,didi
Our Market during the past week has been exc."' ,f,'"
and the sales to a limited extent. faarYo4
INDIGO—The new crop is now coming into the
we have not yet heard of any sales. A ao4_,
SALTPETRE and SUGAR in steady demat
firm; European goods—the market much overstock
unsaleable, except at a heavy discount on invoice Dift
has been some sales of Woollen during the Wee,..}''
rates ; the demand for Twist has not been so brisa;
ifi
The Madras Papers do not bring any thing °' ctri
They state that his Excellency the Commander-in-re Ir ,14;
leave the Presidency on the 22d for Benares, where
quarters were to be established.
Although we have by the Hamburg mail &testi,: tra"..hre;
of the 3d inst from Berlin, which are silent on while
Warsaw by the Russians, and letters from Holismd vosl
confirm it, still the well informed have not the .4.10
its surrender to the Russians. t ffr,t,
The estafette from Paris this morning does n° -va
ther particulars on the above event, but brings the
two per cent. higher, owing to the expected change 040,
nistry there.
rrerAfiA, 7
THE FUNDS.
In consequence of the above improvement of thS off 004
our market has also improved. Consols, which lel'od
at 75!4 for the account, opened at the same price,
to 76% i 4 ; at present they are 76%. 0
from In the Foreign Market little doing at present.
HALF-PAS„:er gur
We have been favoured with the following AO! r
lingeh, dated the stb of March : tlll teo
" For a long time I have not heard from rite Co;111,
present consists of 103,000 men. The state of 6'oo 01
the enormous expences of the war, which surP`; at ellse
revenue, with the whole population of Hollan,,,orlef
arms, causes a stagnation of several branches 01 i.4'.solv
re
the whole of the inhabitants of the country are A
fend their inde
whicendence.
Consols, ph
were in the early part of the rn otecA .0,
the account, have since receded to 753 i, and at
quoted 75% %.
VV
Up to the present hour we have no further knitter
Poland. .The public are very anxious to hear to in'
Osp;
this unfortunate event. ‘,„irtira f-or •
There is no business of importance going "",-,,esa' ~f,
reign Market. Great fear is entertained of a r'"-
cfio_ between Holland and the Belgians.
THREE °
Console, 751.

-------_—$01(114:0:
BIRTHS: sorOn' k 4
On the 2lth ult. at the Rev. John Penson% le
the lady of Brownlow North, Esq. of a son.
P'
hterl,
„,,j
On the 10th inst. at Cavendish-place, Bog dr
Pickford, of a daughter. •
ttloklo
MARRIED. ?a to' oo iFfr
On the 9th inst. at St. Panctas Church, --r' f the , A 4
Kent-road, to Mary, the youngest daughter 0
~ tidigv,
mud Weaver, of Castletown, near Chester•_r_squE;4oo,
On the Bth inst. at St. George's Hanovfotobu ti ot
Win. Ashley Cooper, son of the Earll of S.,t!,inie, °fotscett
Anne, eldest daughter of Colonel Hugh P.
MO
street, Cavendish-square. VbfEtS Of
~,,,ru, e,- ~.
to Omnissthlevo9tA ionnstiy., adtanSgthtAernodtreArwPoPd7r4q. 000eilire ..
Burton-crescent, C' r the '
On the Bth inst. at Walcot Church, Bath,ter of •iir
Clifton, to Frances Mary, youngest daog" °
aft d
Still, Esq., of East Knoyle, Wilts. O'er ,
efor
lED. et*
On the 9th inst. at Ealing,D in the 75th year ~, s
beOcna'thmeldiotwh oifnstht.e aßtevl3. aitt h.
Fotheringha, of the Hon. East India
and of Regent's-park.
nt ,BilSahryuryierevonithpao, 01;9

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