The Sun.
London, England, 1827-07-17 00:00:00

COURT OF COMMON PLEAS.

BOULTEII, v. MASON.
This was an action brought by the plaintiff, to
recover from the defendant, who is a surveyor, com-
pensation in damages for the loss which the plaintiff
sustained, by reason of the defei►dant's certificate as
to the value of certain houses. It appeared that
the plaintiff, being desirous of purchasing an an-
nuity, had agreed to give the sum of 400►/. for cer-
tain houses, situate in Grub-street and that classical
neighbourhood. Entertaining, however, some doubts
743 to the respectability of the party from whom he
was about to purchase, and of the value of the
houses, he employed the defendant to survey them,
arid from him he received a certificate, distinctly
stating that the houses would yield a clear annuity of
at least 401. a-year, and were a valuable security
for the investment of -1001. The plaintiff now com-
plained that the security had altogether failed, and
that the defendant had, by negligence in- the dis-
charge of his duty, induced him to spend his money.
Several surveyors were examined on the part of
the plaintiff, and proved that the property was of
such a description, and let to such tenants, that after
deducting all contingencies, the house:, could by no
means be expected to yield 401. a year.
One of the Nvitnesses said, that if he had been
offered the property, he would require a premium
for taking it.
Mr. \Vinstanley, a surveyor, was called for the
defence, and stated, that in 1825 the property ►eight
have sold for 5271.
Mr. Musgrove, another surveyor, had also valued
the houses, and proved that the net produce of
them was now 691. a-year. In this calculation he
did not include an untenanted house. This
witness, upon his cross-examination admitted
that if he had been, in the Year 18:13,
asked his advice professionally as to the
propriety of advancing 400/. upon the property, he
would not have recommended such a step, although,
perhaps, the security was amply sufficient.
The LORD CHIEF JUSTICE, in summing up, told
the Juiy that they were to consider whether the de-
fendant, bad used proper attention and employed a
t,ufficient degree of skill in the performance of his duty,
or whether lie had been either incompetent to make
the valuation, or had been negligent. If they should
be of the latter opinion, they would find for the
plaintiff, and thereby teach surveyors, who were
amply remunerated, that they had something else to
do besides the mere business of receiving their fees.
If, however, they should be of the former opinion,
or if they believed that he had fairly dis-
charged his duty, although he might have
.slightly e►red in judgment, they would, on the
other hand, find for the defendant. In the
event of their returning a verdict for tile
plaintiff, they would give him such damages as
would compensate for the loss se-stained by the pur-
chase—that was to say, the difference between the
400/. and the real value of the houses-. The Jury
found for the plaintiff—Damages, 200/.
Somr

,ie days ago 1,
a large seal was shot at the
mouth
of. the river Don, where it had been a
great annoyance to the sa'hnon-fishing for some
years. This destructive
e -
the vigilance and great creature had long eluded
expertness of the best
marksmen, diving under t
water the moment
it observed the flash hl the the
an but the cunning
et
animal was at last deceivepgun with a per-
cnssion-lock being employed : when thus de-
prived of its usual signal of danger ita y
ilay
proved until a
,
bullet penetrating the head, munt
fatal. When taken up in a net afterwards, it
was found to be a female, big with
Young,
weighing, exclusive of the foetus it contained
upwards of 3 ewt.—Aberdecn Chronicle. ,
It has been matter of general remark amour,
the farmers on the banks of the Forth, that game
has been, this season, later than usual in hatch-
ing. In consequence, many of the partridge
nests have been destroyed by the mowers in
cutting the grass. The nests, in general, were
unusually well supplied with eggs, but all in such
a state of progress as would have enabled the
broods to take wing in a few days. We have
heard of so many as from five to ten nests being
destroyed in one field. Pheasants have also suf-
fered from the same cause. Some idea may be
formed of their numbers, and of the destruction
to which they have been doomed, when we men-
tion that no fewer than 18 pheasants' nests, with
from 15 to 20 eggs in each, were destroyed in
one
grass field, a short distance from Alloa,
Scotsman.

tHirmoiNTELLIGENCE—(THIS DAY.)

FROM LLOYD'S.

DIAL, JULY 16.—Wind E.N.8.---Arrived from the
River, and sailed, the Astrea, Hurst, for Seville ; the
Hebe, Richmond, for St. John's ; the Kerawell, Armstrong,
for Teneriffe and Cape of Good Hope.
Po RTSMOUTII, JULY 16. —Wind S. S. \V.—Arrived the
Constantine (Russian man-of-war) from St. Petersburgh,
and supposed to be bound to the Mediterranean. Sailed
the Catherine, M'lntosh, for Bengal; and the Flora trans-
port, for Chatham.
PLYMOUTH, JULY 15.—Wind S.E.
L aro uz JULY lb.-Wind E. S. E. —Arrived, the
Thomas, James, from Sierra Leone, out 56 days, for
London. Off the Port, the Catharine, from Bahia to
Hainburgh.
CORK, JULY 11 —Arrived, the Euphrates, Buckham,
and Charlotte and Maria, Bancroft, from London, to take
emigrants to Rio Janeiro.
HADIBURGH, JULY 11.—The Augusta, Holm°, from
the Baltic, is lost off Flekerol—crew drowned.
The Enclymion, from Jamaica to London, was spoken
with the 22d ult., in lat. 47. long. 40.

THE MARKETS.-(THIS DAY.)

HAY MARKETS.-(Ai
ST. JA

t per Load of 36 Trusses.)
.:MS'S.

£. s. X. s X. s. X. s.
Lowland Mead. Hay 4 oto 5 0 Clover Hay 4 15 to 7 0
Upland Ditto 5lO 610 Oat straw 1 16 2 0
Rye-grass Slay 510 610 Wheat Ditto 2 0 2 8
;New Ditto.-- ..... ,4 0 5 0
New Meadow Hay IN., Straw 25., per load lower than last
quoted ; in prices of Old Meadow and Clover Hay no alteration.
Supply throughout good, and trade rather dull.

X. S. X. s.
Cloy. Hay generally 5 Uto 7 0
Do. extra tine 0 0 710
Oat Straw 2 0 2 5
Wheat Ditto 2 5 210
>rices stationary, but tottering.

SMITHFIELD.
- a. s.
Lowland Mead. Hay 4 Oto 5 0
Upland Ditto 5 0 6 6
Rye-gran Hay 5 0 6 6'
New Meadow Hay 410 5 0
Supply good, trade dull, and p

POLICE INTELLIGENCE.-(THIS DAY.)

BOIV-STREET.

William Williams, a young man of genteel exterior,
having the appearance of a naval officer, was placed at the
bar, charged with stealing from the shop of Mr. Graham,
haberdasher, of New-street, Covent-garden, a muslin hand-
kerchief. The prisoner stated that he held a situation in
the naval department in the East India Company's ser-
vice, and that he bought handkerchiefs for the purpose of
selling them to his brother seamen; he was putting his
hantlim his pocket to pay for the cravat when the con-
stable collared him.

Mr. llALLs—That is not vei y probable ; the charge of
felony has been distinctly sworn to, and I shall remand
you till Wednesday for further examination.
The officer stated that a great number of tradespeople
bad been robbed in a similar way by a person answering
the description of the prisoner, and he bad no doubt that
if publicity was given to this, that several other charges
would be brought against him.
The prisoner was accordingly remanded.