Star.
London, England, 1822-08-23 00:00:00

of pubic interest, and. into *ay affecting the '•they -would be inclined to giv.,,t4 benefit of it t 9 the
legal question. .' . . defendants, and they might fairly do so. If the Jury
'lllr.,Avitse, for the defendants (after touching the thought the property worth £6OO a year, their, upon
pointof the bankruptcy), rested his case as to the an- his, construction of the Act, the_defendant. jught to
nutty, upon.severcl grounds.. First, be was prepared have a verdict. If the Jury thought the_ property
to prove that the omission of the enrolment had been worth mare, they would say souaall how. much mores.
altogetlterowiug to the contrivance of Jarman ; Jar- because that fact might be important in case his hold.
man havingyhy assurances as to the value of the pro- ; ing as to the effect of the rent charge should be over,
perty, and requests upon the score of his persunal !thrown. If the Jury .thought the property worth
convenience, induced the defendants to forego that ; £7BO a year, then Messrs. Slack must have a verdict
precaution. If Jarman, then; had acted.fraudulentlylunconditionally ;if they thought it worth £660, thee
by the defendants, he could not come into Court to the verdict would be the same way, but subject to
take advantage of his own wrong ; and the assignees reference upon the point of law as to the rent charge.
(the plaintiffs). as they claimed under Jarman, could Let the Jury find the stalue of the property, and he
not stand in a better situation than Jarman would (the Learned Judge) would put the verdict into shape
have stood in himself. Supposing that the Learned The Jury, after retiring for half an hour, found
Judge should be against Messrs. Slack, upon that that the value of the propel ty was £6BO per annum,
first point, Mr. Adam intended, in the second place, and established the validity of Jarman's condition.—.l
to submit that he was only bound, at all events, to The question, therefore, whether the rent charge
shew the premises worth £660 per annum, the amount £l2O be such a prior incumbt ance as the Act of Par,
of the annuity ; because the Act of Parliament, in liament contemplates, will come on next Term fa
adverting to prior charges, used the words 44 over and argument in the Court of king's Bench.
above any former annuity or interest of principal sum
advanced ;" the rent charge existing upon the estate
in question could not conic under the terms .4 in-
terest and principle," or 4. annuity." if both the
above former points should be given against him, he
was prepared (Mr. Adam contrnued) by evidence to
shew that the property was well worth 1:663 per an-
num, over and above the £1 20 of rent charge. The
Jury would not be too strict in their calculation of
value, nor stick upon a nice point of differen,:elo",
tween the opinions of surveyors. The Jfiry would
remember that the action WAS of a most oppressive
and inequitable characer ; that the defendants, who
were admitted to have fully paid their money, were
now to be robbed of their just t iirht by a flaw in their
legal title. If the Jury thought that the property was
proved to be worth, upon a liberal construction, the
amount which secured Messrs. Slack, they would pre-
vent the plaintiffs, who had received the I:6000, from
getting their money, and their money's worth into
the bargain ; and in that case they would support the
law, as well as consult the interests of justice, by find-
ing theitverditt for the defendants.
It was proved by the attorney who had conducted
the purchase of the annuity for the- defendants, that
Mr. Jarman had represented the estates in question as
worth more than £BOO a year. He had particularly
desired that no enrolment should take place, as the
annuity would speedily. be redeemed, and he did, on
his own account, not wish the grant to be made public.
Mr. Serjeant PELL objected to Mr. Jarman's ac-
count as being any evidence to shew the value of the
propert
Ir. Justice BußßouGli decided to receive the evi-
dence, and to take a note of the objection.
Witnesses were then called by the defendants to
shew the value of the property. They differed some-
thing in the respective estimates they put upon it.
They spoke to the probable value in the year 1815,
the time at which the transaction had taken place
and gave an average valuation of from 7801. to 8001.
per annum.
Mr. Justice flunaotron, before the evidence for the
defence was concluded, expressed his opinidn very
strongly that the case of Messrs. Slack was made out.
It was not a slight difference in the opinions of sur-
veyors that would be sufficient to overthrow the right
of those Gentlemen. The transaction had, no doubt,
been a bona fide one. The case was extremely hard.
Unless the plaintiffs could call witnesses most ma-
terially to vary the else as it stood upon the present
evidence, the defendants were entitled to a verdict.

At the. late Norwich County Sessions, MsnsttAx
EtwiN, Esq. who took the. Chair in consequence of
the indispositicin of Lord SUFFIELD, at the instance,
it is believed, of that Nobleman, recommended that
the Gentlemen of the county should purchase malt
on a large scale, at the then existing low price, z,id
retail it out, at a trifling loss to themselves, to their
labourers—the same proposition had beer, made by
Mr. CRISP BROWu to the farmers. His Lord,.hip has
been trying the expeii-nent with success amongst his
labourers, whose nunibei-s have fluctuated according
to circumstances from 80 to 140.
We are informed that the Overseers of the Poor
in the parish of Ludgven, Cornwall, lately put up
to auction the labour of such persons as could not
obtain work, and had, in consequence, applied fur
relief. The demand for this species of labour was
not great, and the tight of einploying these unfor-
tunate persons was obtained at the rate of from two-
pence to four-pence a day for each. If it were not
for the Poor Laws, these unhappy beings would be
teduced to a state equal to that of the people in Ile-
land, who have been starving amidst abundance!
The-Committee for improving a road in the Isle of
Man, after due deliberation, had the fol!owin,
stuck up: "Whereas the bri ige of Kirk 13! ad beinz
pulled down BEFORE it is built, all persons ti4at
way to Peel shall take the other road !"

Mr. Serjeant PELL assured the Learned Judge that
he could vary the facts most mate: Tally. He would
reduce the estimate of the defendants' witnesses nearly
three hundred a year. There was the rent charge of
1201. per annum to be made up, too, over and above
the annuity.
Mr. Justice Buanoucn thought otherwise. It ,
would be a point eventually for the Court above:
but he thought that the rent charge did not come
within the meaning of the Act.
Witnesses were then called to rebut the defendant's
case ; and their evidence reduced the annual value of
the property to 5601. or 6001.
Mr. Justice BURROVGII thought that upon such
evidence, it was too much to press such a case. The
low valuation of the plaintiffs came to 6001. a year.
Here was a bona; fide transaction ; no fraud except the
imposition of Jarman himself. It was impossible to
have precise evidence of the value, and the proof
ceming so near for the defendants was sufficient.
Mr. Serjeant PELL said, that if Mr. Adam insisted
on having made out his value, including the 120/.
per annum, more witnesses must be called for the
plaintiffs. If Mr. Adam was content to take the an-
nuity merely as covered by the evidence, leaving the
question of the 1201. rent charge to. the Cour t above,
'the case should be left where it stood.
Mr. Justice BU-RROUGH said that he should cer-
tainly exclude the effect of the rent charge in his di-
rection to the Jury. He really thought the case
I ought not to be persisted in: it was against all con-
science and good feeling.
Mr. ADAM could not consent, with such a case as
he had made out, and with the opinion of the learned
Judge in his favour, to give up the question as to the
rent charge.
More witnesses were then called on. the part of the
plaintiffs, but their evidence was not material.
Mr. ADAM thought it unnecessary for him to oc-
cupy the Court by speaking to evidence.
Mr. Serjeant PELL, in reply, defended the right of
Mr. Jarman's creditors to bring this action, and took
the point of the bankruptcy, at least, to be made out.
He requested the Jury merely. to declare what they
thought, upon she evidence, was the value of the
property. The question as to the deduction of the
rent charge would be elsewhere arranged.
Mr. Justice BURROUGII, in the first place, left the
,validity of Jarman's commission to the Jury. The
question whether the annuity was good or bad was a
point entirely distinct from the matter of bankrupay.
The annuity, however, granted was 1:660, arid the
answer to the plea of its not being registered was,
that it had been granted upol, estates, the value of
which took it out of the Act of Parliament : the rent
charge, as he thought, did not come within the terms
(as to prior incumbrance) of the Act ; the ACt speke,
distinctly to " comer annuity, or mortgage." The
question upon his holding, then, would come to this,
were the estates worth £660 a year, or not? The
Jury would not find against the facts proved in evi-.
deuce,' but, if there was kt doubt upon the evidence,

As Mr. COOPER, a medical gentleman, was passing
along Windmill. street, Haymarket, about eight o'clock
yesterday everting, he perceived a small child fail
from a second floor window on its back close to his
feet, and immediately turn on its face; it never cried,
nor shewed any symptoms of injury. Mr. Coonza,
on examining the child, declared that it had ie,eived
no hurt—a fact which, extraordinary as it ii,ay
was fully confirmed by the subsequent examination
of another practitioner.
• The Coquille corvette, commanded- by M. Du.
PERREY, Lieutenant de Vaisseau, the fisting c-:: of
which has occupied some months at Toulon, s.-;.1e3
from that port on the llth of the present mont.;•. S'.:e
is about to undertake a voyage, from which results
interesting CO the progress of geography and physical
science may be expected. The Coquille will firs: s:.:l
for the Cape of G.nod Hope. She s, ill afterwaras
proceed to the Great Archipelago of Asia, se: c:al
parts of which she will explore. She will alto viol:
the points of the western coast of New I l llau,l, viLlich
wet e ob,:erved towards the end of the last
and the commencement of the present, by hear-Ad-
miral ENTRECA4::TE 'WY and Captain B.ixtnts; ; an f
after putting into same of the islands of the Pacific
Ocean, discovered by COOK and llot7cial:trici.r, the
still return to France by dotthliiig Cape T. M.
DUPERREY is to avail hiinseli of all the
circumstances which • tkis long voae,e may present,
to make different observations re.eLive !lie confi-
guration of the globe, the inclination v.f the ticedie,
Ste. . Several Members of the Academy of Sciences
and the Office of Longitude .have mandestei their
zeal in communicating to him instructions far that
purpose. No means which could prepare the success
of this expedition have.been neglected. The corvette
has been fitted out with particular care. The crew
consists of picked seamen. Letters of recommenda-
tion- are furnished to the Commanders of such Ica eiga
establishments as the Coquille may visit. Finally,
the zeal of all the superior Officets affords reason to
hope that the mission intrusted to them will be exe-
cuted in the most satisfactory manner.
WORSIIIr-STREET.—The Reveretti William Eyre was yesterday
brought up for final examination, when G. It.. Mrsisnuat., F.sq.
the Bow-street Magistrate, arrived, bring also a Magistrate far
the County of Buckingham. The whole of the evidence tai.en
'on a former day was read, and all the witnesses, except Johanna
Quinlan, the little girl, confirmed their testimony. The little
girl was then examined de proni ; and her evidence, with sonic
variation from her formsr testimony, went to prove the crime
alleged against the prisoner. She cried very much. After some
discussion between Mr. Waits and Mr. .Ix.r.nr, as to whether
the offence was capital, under the Statute of Elizabeth, or only
a misdemeanour at Common Law, Mr. MINSHO! reqUeStel
Mr. Wilks to withdraw with the Representatives of the ParE:,
and cons:der whether it was their intention to indict for the capi-
tal offence, or for the misdemeanour. Mr. Waxes then retired
with the Churchwardens and Overseers of the Parish, and soon
afterwards iaturned, stating their determination to indict fur the
capital offence. The prisoner then shed tears, and declared his
innocence. Mr. ALLEY then suggested that it might be conve-
nient for the prisoner to remain committed to prison in Mid :Ili--
sex, as it might be advisable to produce the depositions before a
Judge, fur thepnrposti.of bail. This, after some delibei•-zici,
was agreed to, and the prisoner was sent to Newgate.
(4,I;KEN-SQUARE.—Sartdi Featherston!, a pretty young w•i7:11
was charged with stabbing John Allen. Allen, who ssa'. '•
tied to the llospitaLbeing unable to attend, and the w.on:dco.-
siderctl dangerous, the prisoner was remanded. She said :'ley
were at an oyster-house, and she bad the knife in her ban.' 14i,, a
the quarrel arose, and he war snore to blame than she was.

MUTH.
Oa thr nth itictart, at TLti,,nt Nlanur Mum., \\', t,, the LaSi
rf Johu-Thornas Mayne, of a daughter.

AIARRTED.
Wednesday, ac St 'George's, Hanover.squarc. Captain Joao
litasiell, of .the Royal Nary, son of Lord Wali.on Russ:ll, to
Bliss Cousimaker, nittGe to Lord sle Clifford.

• ilitit.nr I.
Dublin 1 0
WAterturd 1 1
Giwiti-ey And Jertey . 1 0
Ne w Yurk 0 0
I.istioo• , 0 0
kiulland 1 0 i

MAILS.

France

%It 'lll4,
0

I Lemburgh 1 0

I:l4thlt-ra.

Brazil

Jamaica

1 0

Gattenburgh

0 0

0 0

0 1

HAG H.W TEiticlsON DON Intl lit; K 711-141()It NM%
. - 25 •mtitites steer 6.
Aftcrticon
.7 .7 47 miutiNs alza d.
LONDON and puhli.hr..l by I.trin. rtzlictt.7

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