The Sun.
London, England, 1831-06-06 00:00:00

LAW INTELLIGENCE-(THIS DAY).

COURT OF EXCHEQUER.
IMPORTANT QUESTION.-THE ICING P. JACKSON.

This was an information at the instmce of the Attorney-
General against Messrs. Rundall and Wiliia,n Jackson, to
recover 6501. by way of IPgacy duty, chargeable upon a
legacy or rent charge of 5001. a year, payable out of the
rents and estate bequeathed by a gentleman named Jack-
son, to the defendants in trust for the use of Mr. Joseph
Troughton. The defendants having demurred to the in-
formation, the matter was fixed for argument this morn-
ing. The question of legacy duty being chargeable upon
a rent charge arising from an estate was very important,
no decision having ever yet been made by any Court
upon it.

Mr. PRESTON, for the defendant, proceeded to argue the
demurrer on several grow ds, which he contended
would be fatal to the information. —First, he con-
tended that the record was bad in point of form,
for it did not state the defendants to be seised of the
legal estate ; that was so palpable an objection, that it could
not but succeed. Secondly, if a legacy duty were charge-
able on this annuity or rent charge, the defendants were
not bound to pay it, hut it should be paid by Mr. Trough-
ton, for whose use the legacy was bequeathed ; and thirdly,
which was a question of great magnitude, and had never
yet been decided, that a rent charge of this kind was not
liable to pay legacy duty. The latter proposition the
Learned Counsel would contend for first, and he would
submit as a proposition, that on a sound construction of all
the Stamp Acts, no property which was real estate, was
chargeable with legacy duty. By thestatuteof36 Geo. 111.,
ch. 52, annuities or charges on real estates were made charge-
able with duty, and such annuities or charges when given by
will were made legacies by that Act. That Act related
solely to personal estate, and not to real estate. The Itw
stood thus until 45 Geo. 111. ch. 28 passed, which was
an Act for granting additional stamp duties to bis Ma-
jesty, and which made an important addition to the former
Act, milting legacies or annuities chargeable on real and
personal estate pay legacy duty. The Learned Counsel
took a very elaborate view of the provisions of that Act,
which referred to the former one, and contended that such
a charge as the present, being a charge on real estate,
did not come within the meaning of the Act any more
than it did within the meaning of the former Act.
If such annuities as these were chargeable with the
legacy duty, there was an immense property in the
country that had never been been called upon to pay it,
and this was the first time the attempt had ever been
made—if this attempt were to succeed, it would be pro-
per for the stamp-office to go before Parliament to ascer
rain whether it would be right to levy so high a tax upon
land.

LORD CHIEF BARON--The words are very comprehen-
sive—,“ which shall be charged on real estate, whether
the same shall be given by way of annuity or in any other
form."

Mr. PRESTON admitted that the words of the Act were
very comprehensive, and that only the more clearly showed
the enormity of the transaction. At that rate an annuity
would be chargeable on its creation, and not chargeable on
its succession ; it was a great pity that there was not some
one in the House of Commons to watch the passing of
such Acts, and to see that the Chancellor of the Exchequer,
under pretence of getting a tax for one specific purpose,
did not commit a gross injustii e.
Mr. Baron VALIGna N suggested that the Learned Coun-
sel himself should be there to watch the proceedings.
Mr. PRESTON said he was sorry the public did not think
proper to send him there; while he was in the house, how.
ever, he did watch the proceedings pretty closely ; he had
been there at four o'clock in the morning, when Lord
Castlereagh and two or three others attempted to pass
away the public money, but he never would permit it, if he
could prevent it. Hiving argued some other arguments
upon the same point, to show that the annuity was not
legally chargeable with duty, the Learned Counsel next
addressed himself to the point that if any duty were pay-
able, it was payable by Mr. Troughton, and not by the
defendants, who, if they paid it, would have no means of
stopping it out of the annuity, or recovering it by law.
The SOLICITOR-GENERAL, for the Crown, proceeded
to argue against the demurrer, and said he was not pre-
pared to contend that he could su'tain the information, if
it was desired that the question should be set aside, merely
on a point of form. He was in hopes, as other informa-
tions were pending, that the question wouldbe discussed
for its merits, and he now put it to Mr. Preston whether
that Learned Gentlemaa would give up the mere point of
form.

Mr. PRESTON said he was not inclined to do so.

Their LORDSHIPS agreed that it was better not to give an
opinion at present upon the merits of the question, as the
objection to the information on the point of form was fatal.
Mr. PRESTON said, he thought that before their Lord-
ships were again troubled, Parliament would interfere.

The demurrer was then admitted, and the question
consequently remains undisposed of.

THE FUNDS.-(THIS DAY.)

CITY, TWEL VE 0' CLOCK.
Bombay Papers to the 9th January have Wen received
at the North and South AmericanCoffee-huuse:—

By the Paper of the Stli ..linuary we have been
favoured with the following report of the Hon. Company's
first sale of Bengal Opium, consisting of 2,448 chests,
which took place at the Calcutta Exchance on the 20th
ult.:-1,765 chests; highest 1,650, lowest 1,440.
Ortum.— The first sale of the season of this important
product will be held this day, the 20th inst., and it is
expected to excite considerable interest.

The last advices from China are not very encouraging,
as respect either prices or the political position of the super-
cargoes with the Chinese authorities. This, as involving
the interest of the Briti,h trade, is deserving the con-
sideration of those will may be desirous of em-
barking in the speculation ; if the disagreement be-
tween the Chinese Government and the supercargoes
have not been adjusted, interruption to the trade is the
least to be apprehended from it. In respect to prices, they
are barely remunerative of the rates paid for the drug at
the last sale of the season. The new mode of picking has
not been approved of. The quantity of opium to be
brought forward at the first sale is, Benar, 1,148 ; Be-
flares, 699 ; 2,547 chests.

Accounts from Johaanisbourg of the, 21st May state
that some Poles attempted to pass the Prussian frontiers,
where a quarantine post was established, but not paying
respect to the notice given them by the Prussians, they
were fired at. The Poles returned the fire and afterwards
retreated. No lives were lost.

Accounts from Bologna, of tne 19th May, state, that
the Swiss Cantons having declined the raising of soldiers
for the Pope, it is reported that the Pope intends taking
ten thousand Irishmen into his pay.
Information from Warsaw, of the 24th, states, that the
Guards, forming the right wing of the grand Russian
army, did not join the main Russian army, which at pre-
sent it will be impossible for them to do ; they took the
road of Kouno, and were continually harassed by the
Polish army. This took place after the combat at Ostro-
lenka, in which a great deal of blood was shed. General
Skrzynecki endeavoured to cut off their retreat to Lomza,
but he failed in that measure.

We hear that two vessels, with 25,000 stand of
arms and 48 pieces of cannon, are loading on account of
the Poles ; it is said that remonstrances have been made
by the Russian Government on the above cargoes; the re-
ply was, that our manufacturers could not be prevented
from disposing of their articles to whom they pleased.

THE purrns.
The great attraction this morning in the City is the
glorious cause of the brave Poh.s, who, indeed, are deserving
of all praise; the great Russian General Diebitsch has
again been ol,liged to cut and run, although we have heard
of 150,000 men coming to reinforce him ; but it now ap-
pears that the Poles have a superior General to fight their
noble cause. We hear that General Pahlen, who com-
manded the Russian Guards, has been made prisoner by
the Poles, but this wants as yet confirmation.
Console, which left off on Saturday at 841- for Account,
opened at 8,11; at present they are

HALF-PAST ONE.

We understand that accounts have been received, via
Paris, that Prince Leopold has been elected King of 80.
giurn, and the Deputies may be expected to arrive in Lon-
don this day or to-morrow.
Letters from Antwerp to the 4th June state they are still
in great alarm there, fearing that hostilities will commence
again ; but Prince Leopold being elected their King, will
soon do away with their uneasiness.
Consols have been the whole of the morning 841 for
the account, with little or nothing doing.
The Hamburg steamer has not yet arrived.
The Foreign market is quite inactive—prices much the
same as on last Saturday.

THREE O'CLOCK.