The Sun.
London, England, 1805-04-13 00:00:00

carried .to the fort free of any. charge to the Go.
vernment.
The Colonel is an industrious man, he spends the
chief of his time at the arsenal, to see that
.the sol-
diers perform their duty, and to set the vagrants,
that are brought there, at work, but he is so severe
that he is_dreaded by every body tinier his cote:
mand. I one day saw an instance of his cruelty
towards a negro whkitti he met in the street kt Mist
riding; be asked the fellow who he was ? the inan
told him his name, and observed, ". Colonel, you
know inel lived with a Gentleman," men.
tinning his name. Whether j-3ysin took this as im.
pudence,or presumvtion in he uegrofor taking li.
.berties with him, t:Ahall not pretend to say, bur,
without any further ceremony, he attacked him
with his whip, and beat him across his head and
face in a violent manner. The poor. fellow h..,re
this treatment very patiently, without muttering a
word, or even attempting to save his care from the
blows, and finally, by order of the. Colonel, was
seized by a soldier, and carried to a guardhouse.
Such brutal severity as this, withotit any cause but
the simplicity of ignorait man, may serve to give
.some idea of joysin's t,tuper„

At Salisbury Fair, Monday the tit inst. a large
quantity of . cheese was pitched. fur sale, and a
great deal sold: the very prime went as high as
four 'guineas the cwt. one person purchased four
tans at that price ; good middling went at from
50i. to Os. :interier at .4135..---,f oid cheese there
was but httle, Anti:for the very ordinary sort nshere
was•no demand. Some persons who had, purchased
in the.vrinter, on twecuiati n, sold under their fist
cost, and .the quantity fur sale was by no means
cleared. ,

A journeyman smith, named
.Griffith, in the
workohnp of Mr. Brodie, in Miltord.lahe, Strand,
.who. had been drinking late. on 1111,nday nit with
sevoral shop-mates, whrn he apfeared so much in,
toxicatcd 11131 1113C011111,Witillli.reWlYrd to leave him
in the shop antilethe (notating, was placed by them,
as they imagined, in a secure ,situation, and they
went away, dicer locking him in ; they had not,
however, been gone lung before the man found his
way in w state or to the forge, which
had brcn previously lighted tit soften souse iron, and
throwing himself ro the file, he .was unable to'
escape, and was literally roasted ; he was conveyed
to St. Bartholomew's Hospital, where he lingered
for a tew hours, and thett,exp:red.

At the late ,Assizes tar the County of York a
cause Of canaiderable inspottance to oeccupiers and
owners at lands came on t' be tried before Mr. Ba.
ron Ganitam. The aktion was brought, cn the
Statute of za Ett. VI. by Mrs. Rams en, the im.
propriate Rector of the Parish of Wakefield, against
a Mr. Gill, an occupier of lands within the town.
Olio of Horhury, in mat Parish, for not setting out
in kind the tithes of hay arising from his farm. The
delepee made by the D'efendant's Counsel, Messrs.
P.klica, Totem's', alai HoLao Y Witi, that the oc-
cupiers 0 Ando within tie township of Uorhury had
for time beyond metuory been accustomed to pay
the impropriator a modus of 84. an acre in lieu of
tithe hay, and 'that, there was no instance of tithe
hay ever hiving been set out and taken in kind
within that township. The Plaintiff's Counsel,
Ma. Serjearit COCK F. (.1,, Mr. Worn), and Mr.
',AMOS, did
,not 'Mamie the fait of the-tfayment of
the lid. an acre for stateral years past, but contended
it was too rank to be ,a valid mftis, as they al.
ledged that in point of law, a modus must be pie.
turned to have had its inception before the time of
'King Richard the First's going to the Holy Land,
itetabich time (as it appeared from various atcounts.
and Calaaatations stated in Bishop Fleetwood's Chro.
nicon.Prititattalni, it ,was highly probable that the
whole profitiaristng from an acre of .land,in
bury did not amount to a twentieth part of the sum
now pretended to have been paid as,a modus for the
tithes of hay .only. In answer to this objeetion,
the Defendant's Counsel cited the case of Pole and
Gardiner, wherein it had been determined by the
,House of Lords, that certain customary payments
of ltd. an acre for low meadows, and in acre
for high meadows, paid by the occupiers of lands in
Spinkhill and Killatnarsit, in the Parishalf
ton, in Derbyshire, to the Ream of that Parish, In
lieu of tithe hay, Were valid moduses i and they
alto eked a recent vase wherein the Court of Exche.
quer refused to set aside a mottus of BJ. an acre paid
• by the'oectipiers of lands in Fenny Bentley, in Der-
byshire,. to the Redor in lieu '.ot tithe hay, on she
ground of its being too rank. in the course of
the trial the Learned Judge mentioned the case of
Chapman and Smith, before Lord Chancellor HARD.
icKit, wherein. a 'Dodos of gd. an acre in lieu of
tittiftarhatt'been established, notwithstanding si.
milar ohaebtions having boon made against the ap.
parent rankness of .it, and that his Lordship, in
giving tilt, judgment in that case, had said, that
where a modes had covered a particular kind of
prodnft, such as sheep, lambs, &c. the' valuatitnt
whereof in early ties might perhaps be shewn, the
objettion on account of rankness had frequently pre.
railed, but that
,when the modus set up hart a re:
ference to the value of 'Ando in early times, ha was
of opinion, for variaais reasons, that such inuttus re.
uired,a very. Iniferent consideration. The 'Learned
judge afearwards observed, that if the ohjeaaion
Mute by the Plaintiff's Couniel,. of , the niOdus in
question being more than the whole of the, supposA
litltte of the land in
,the reign of Richata the First,
was allowed to ptfvait, in his ,oplntait no, modus
could now be supported. 'rte Plaintiff's COunsel
finding the opinion of the judge thus decidedly in
favour of the .modus, requested to be tionsurted,
that their client might have, an opportunity of, re.
trying the question in case of her being able. to dis•
cover any furtherevideace in her favour; which was
accordingly granted. in the course of the trial it
appeatea that' for a few years past several of the
occupiers of hinds in HOrbury hati, partly
,by the
management of the Plaintiffas agents, and pair
from a-wish to avoid the expense of a law sair,,been
induced to pay the Plaintiff- greater stints than the
Bd, an acre; but this circumstance wai considered
by the Learned Judge :t nut at all ter ding to inva-
lidate the ancient modus.