THE INGSTO CHRONICLE • ■ VOL. V\ FRIDAY, (afternoon) NOVEMBER f>. 1819. [No. 45. MV 4T«l* Executive Council Office, York, zpb August, 1819. T^TIE Order in Council of the 18th instant, respec¬ ting Locations subject to Settling Duties being revised, it is order¬ ed by His Excellency the Lieu¬ tenant Governor in Council, that, all Locations of Land subject to Settlement Duty made prior to this date, be rescinded, and the Land otherwise disposed of, if Certificate of the Settlement Du¬ ty being performed be not lodg¬ ed with tic Surveyor General within the time limited in the Ticket of Location, and the Pa¬ tent sued out within Three Months thereafter : and that all Locations subject to Settlement Duty hereafter to be made will be rescinded, and the Land oth¬ erwise disposed of, if {'ertificate of Settlement Duty being per¬ formed be not lodged with the Surveyor General within Eigh¬ teen Months of the d»te of the Order for such Location, and the Pa ent sued out within Three Months thereafter. JOHN SMALL, c z. c. 36^6 NOTICE IS hereby given, that William Taylor, heir at law and administrator of the late Allan Taylor, hatli affigned all the real and perfonal estate of the late Allan Taylor deceafed, unto John Kirby, Uex- aoder O. letric* and Thomas Parker, in truM for the benefit of creditors. All perfons having any claims against the late Allan Taylor, Taylor & Parker, or Thom¬ as Parker, are requested to prefer;t the fame for adjustment and payment, and thofe ptrf »ns indebted to either the late Allan Taylor, Taylor and Parker, or Thomas Parker, are requested to make immediate payment to the above trustees ; who are fully authorised to give difchargca for the fame. John Kirby, A. O. Pcrie, Thomas Parker. Kingston, August 28, 1819. 3<>tf NOTICE. AN assignment having- been made to the subscriber of all the Land0, Goods, and debts belonging to'he late firm of James Ranien m Co- of Ernej-t Town, Mrrchnnls, as well as those belorg- *Dg£o JttStt Rawkca individually, f r tlie benefit of creditors. Notice U huebv given to all persons having claims agiinst the said firm, cr a^-iust the sail J-imes Ranken, to present th»m forthwith, duty authenticated ; and such as stand indebted are de>ire J to pay their respective accounts to Chr. A. HaGerman, E-q of Kings¬ ton, on or before the But day of Decem¬ ber next. JOHN KIRBY. Kingston, r st September* \ 8 \ 9. $6 ~= TO LET, yffN'D poffefiion given the ist Au&nft tfil next, thac HOUSE and STORE, in blurt Street, opposite the Post Office, lately occupied by Ml. Edward [ones.— For particulars aopiy to the subsenher. KEXL McLEOD. Kingston, 15th July, 1819* 29 NOT KM. ALL perfons are cautioned ngainfi. pur- chafing Lot No. 22, i 1 the 7th con ceflion of Frederick fl-iur^h, or lot No. 27, in the l*t conccfSun of Richm*uvi,fiom the Heirs or Aflxgnees cf D-vis Ilefs, as the Subscriber holds an iudifpnnble title to the THE Stockholders of the HANK OF UPPEIi CANADA are hereby re- quired to pay into the Bank, in Specie or Hills of the Vlontreal Bank, an Inftalment of iix per cent, or Six Dollars on each Share, "ii or before the firft day of Decem¬ ber next. g, BARTL'-T, Cafliier. Kingfton. Oft. 14., 1819. 42 To the Farmers. TI^HE fublcriber being fupplied with as A much BARLEY as his Stores will conveniently hold, begs that the Farmers will withhold bringing any more for Six v\ ecks, w'en he will be prepared to re¬ ceive it again at the fame p, ice* THOMAS DALTON. Ktngflon Brewery, September 30th, 1819. 40 Mrs MARY BARNET,~ ■5 ESP'TTFULLY informs thepub- m\t lie, that fhe has fitted up her lioufe in Store Street, oppofite the St. re of John Powlinq, in a convenient manner for the reception of genteel B^ardrrs, whtreeverv attention will be paid to ! heir con- fort and accommodation She will haveg-od warm SOVPS and Ccfive ready made, at the (hortr-ft notice, at all hour*, for travellers, and gentlemen of the town, who may pleafe to favor her with a call. MARY KARNET. Klngflon, r4th October, 1819 42 For Sale, THAT valuable Farm, known by Lot No 8 in the firtt CWeffi >n of Frederickfburgh, <n the bay ofQjinne, upon highly advantageous terms to the purchafer. There is a larjre two (lory Hoiife upon it that may be co'»ve'ted into a comfortable rtfidrncf> at a (rifling ex •j,*©.C« —TV**-* an alia *ari*n« ' m^t>»pe¬ at: ched to it, w'th a we1! of excellent water—An indtfpnt tifa title w'll be <nv< ., and the terms made known 3t Mr. D Uagerman's office in Bath, ur on app.na¬ tion to the proprietor, JOSEPH BFRGON. Frederickfburgh, 8t'i Oft. iflrr;. 42 DAY & JtiARTiM To the Merchants and Trader? of I pper Canada. FYlIIE Subscriber has received per the _8_ Louisa, from London, a fresh sop- pi} of the REAL JAPAN, In Casks of about six dozen ; Which will be sold, immediately, at fif¬ teen shillings per dozen, lor the large-- sizes. BENJAMIN HART, A.i'tit to Day &; .Martin. Montreal, St. Paul St. l2Xfh September, 1S19. 41 i F. B. SF1LSBUUY, Laic Surgeon of //. M. S. Prince Re- \ gent, on Lake Oni'itio, jj Intends practicing in lite rattnus braiu hes of h\> Profession, at his res¬ idence, next door to John McLean, 1'^q. Sheriff*. r Kings loth Oct. 6th, IS 19. -II j*ru> Ticm. THE fublcriber has now, and will con¬ tinue to have, at his Brewery, a fup- ply of Rich flavored Ale. The pre'ent price is one (hilling per gal- J Ion. for imme'iate payment. The admi¬ rers of extra ilron<_r bodied Ale are refpett- fully informer that as loon as poffible he will provi'e a Bi>ek that will satisfy the molJ falliefou*critic. He think* it will not be amifs to remind th' Farn.er* (who are the mafs of the peo- ph ) 'hat if tfcey ivifli their grain to com- mand Cnfh, tlv-y muff a^folutelymake malt Liquor their ;omm"n beverage, and thus ft'Pj 011 the Canadian Brewers inrtead of the Weil lndisn DUh'llers. It h of feri- ou> copfequer e, both t« themfelves and to the whoK-* country, that they fhould im- mediatrly adoot fi» praifeworthy a refolu- tf.n. Orders fen: to the Brewery, or left with Mr. John Rui-eU, at Smith Bartlet, Efq's will frcct with due attention, T'HOM \S DALTON. Kingston Brewery, Oct 26, 1R19. N B. Grains at all tiu.es for fak, 7Td per bufhtl 44 NOTim "Montreal Fir* Insurance tympany's Office } SOth .!< U, IRlfl S THE Company having extended fta hufinefs and urotedtion apainft lodes or damages hy ijre, to tipper Canada. now inform th. public, that the following ptrfors ate authtirizrd Agents of the Com- pany m that I toviiilc : Jl Kmgsttrtt, fl\tI MrvatLi.L. Esq* .. Turk* H\\t. Au.jw /.\.v. .. Qt(ccn$tun% J/.-a-a (I'lissrS) I\ihuy. Amh.rstt.urali. Wm. tiUFV*Bw* I he » tre&t,r* of this infant Jniliiution ftntcr ^hcov've reR,; * *" l1"- ^u«ft$*#*» ••»»■<. y mcrh- on trieir Vht$* l'1:il ^e« ratca of 1 remiuii.D w"'l be foui ^ ^ reasonable as at -m y r»tlwr» 1 ffice, and tl 7 refpeflfuHy fo- 'i« t th; patroi aye ' f a:' v"'° wlfll well to L' cal :-;r!iflim;*.<t- i .j order of tr« Board 3-7013 J. Rl I ^ R.1 EY, Sec'y. Merchant Taylor, iO AS received f ™ Montreal a mod ItJl chciee and cx^t'e-jt aSortfaeat of the beil Well of £fl :llJ faperfine f Mils i utt Oi mwrr&t with Trimmincs. a;--l tvery thing corn- Froffi the London Observer, August 1 • • MM rimming 3. pi<- -l A. AsHftft Hifornn Kis fn'ends and thr public that he is v&# working up thcie h'ths, Sec ai his p'J Hand, where orders will be'hankhilly rc.civcd. and executed uXk the fhortefl notice, and on the loweH ermb fui Call) or 111 -t approved cre-.-'it. Kingllon, Sept. to. 1819. 371! Hem oval. * m * f ->>- - \,*~-\s--*y -*C<—<* -^> r ^*^ -<»-?»/- .- A For Sale at this Of;tec, FEW copies of a SivKMON preached ol Quebec, 011 this V2* of Septrniber. alter the d-ath r.f Hi- Grace the Dvkk or 1Liciimom>. by th lu-verend G* J. Mountain, A. B Bishop1 Oliieial iu Lov\cr Canada, ae.d Hector 01 <i ebec. 41 ;ame. GILBERT HA1US- Sidney, 4th Dec. iS tS 3 jy o 2 "ice. _ TKE ^nhfefcribers rcfpeftfully inform their friends and the Public, that thev havenow.rcceived aid juit opened in Mar¬ ket Street, jail below Alii. Patrick's li.n, a very Extemive affcrtment cf DRY GOODS, GROCERIES and STATIONARY. Likewife—a great quantity of Claflical Brx^ks, the whole of which will be fold very low for Cafh and approved Credit. Mcdonald & aykroyd. Dec. E, 1&18. 27 To Axemen. THE subscribers «ill recciTcpr^* posulr. from any person or persons willing to e»g&?e to eleur sixty acres of new laud on tlwif |)renii-;es in Anieli.u- bur^h, Bay of Quinlc, ready for seed b> thetirst day of August iwy.t. The A^-h- es on said land will bi» required to be coil cted aud carel'ulfy s<%cured. T/anb and Provisions will be fumisinicl if re¬ quired. For particulars apply to OWEN StcDOUGAt, K hlC-ti r.. iM" iO McDGUGALi: M LKLLANj C Bcllvillc. GEOliGE bCDUGAL, LaLe Master Smith in Ike Emu neer Department, BEGS leave to inform his friends and the public in genera!, thar he has commenced bufiruIs next door below Mr. George Dou^lafs's, Store Street; where every article in his line may be had on the molt realonable terms, and on the (hottell notice. The following rates of charges are fubmitted. .Horse Shoeing, all round 6/*tf — — removes, 2j'6 and all other work in ptoporti\>n. Kingston, /Ipr'il $tkt 1H19. , 15 invite, 'r: Grindstones, NEW MEDWtXAL hTOm FTOflE subscriber respectfully rnform- _lt the inhabitants of Kiu^tou and vi¬ cinity, that he fias op md a MEDICINAL LABORATORY In Kront-S(T.vt,oppnsjtr to Mr. Kir^y** ; \v!ie(e they may be Supplied with ever^ artirle in his line. W. \\ 1LLIAMS. N. \\. PhySiclaes' prescriptiou> and orders from Merchants in the country^ will be received and carefully attended to. Kingston, Oct. 4, 1819. 41 NO flCE. Board for Militia Pen THE fubferiber begs leave to inform his friends and the public generally, that he h is removed from his former Hand i ■ the laige (lone Bore lately occupied by VlcflVs. U. McCunifT^ & Co. a few doors •rwin the Market Pl^;e iu King Street, wlicic lie ha-jolt icccivcd a well tclctltcd and exttnfive aflbrtmeivt of UARDWAuE S* CUTLERY, con filling ot feveral tins of English and Saudis Iron, Sted, Nails, I'/iwlo-x Glass, Putty, f'mnti, Oil, Spikes, Tbi'Ptide. Kcet Iron, Truce auil Log Chains, llolUm Iran of < very descrip¬ tion. Frying Pans, Spades & Sho¬ ck, Vices, %c. 8$c With a larpeafTirtrent of fhelf good1;,— confiding of mod ancles aiked for in his line, which he wil fell low for cafh, produce, or (holt ap;roved credit. J. WATKINS. Kingfton, Aegufl r6th, 1819. 35*f NOTICE I* hereby given, that I, William Tay¬ lor, as heir at W and administrator to the estate of the lite \llan Taylor, de- eeafed, have tht* da* affigned all the real and perCinal estate -f the late Allan Tay lor, and all the intent in the concern of fayWA Pirner. md Thomas Park-r, unto John Kirby, ^iexandei t)liphant Pe- trie and Phrttnaa Poker, as trustees, for ttie benefit 01 the cr-.ijtors. Wil am Taylor, Administrator J th* estate of the late AHan Taylor Kingston, Angus! ,g, xg, gm *&£ rpHE A good B rgaia 1 sioms, mill meet on the tqfi Monday \ TTjlOR Sale, the hliufc ancj p.-emifes, In in February, and continue f- to do the fame , J? the Town of Ktng'ftoif^»t prefent oc- day in each Month, until the lu/i/nfs of. cupicd by the fubfc%cr For particulars this D'tjlrict, as regard.* the fame is Ji/a/hed. • apply to JO..N f KGUttOft SAMUEL ANsLEY, Jun. KtnsJlon, Feb. \Jt% 1S19. 6 KmgstOJ, May yh z8l?< Ig Home Circuit—Essex Summer Assizes. Important Spring dun Case. I lot v, John Wilkls, Esq. High Sher¬ iff'of (he County. This was a special action on th^case against the defendant, for unlawfully placing ill certain grounds, called Chris- hall Wood, or Chrishall Park, in this county, spring guns, loaded with powder * ml shot, without c'ue notice, whereby the plaintiff, in consequence of treading o\) one of the wires thereof, was maimed by the explosion of one of the said gons. The deelarafion contained several counts, some o( which averred that there was a footway through the wood in question, and that the defendant had not caused sufficient notice to be given of Iiis havim: so placed the guns, To all the counts the defendant pleaded the general issue, not guilty, on which issue was joined. The general importance of tins case. which has excited universal interest (nrou^h«'jt the country, and cannot fail to procure a good deal of sensation iu the public mind, induces us to enter info a more full detail of it than has appeared ill the daily papers. The following gen¬ tlemen weic sworn of the special jury ; John Hall, Esq. Zafhariah Button, Esq. Wall*-," Urqhuart, tsq. John Crabbe, K-q. Jonah Savilh , Lsq. Bartlet Goodridge Ksq. Robeit Westle) Hall, Esq. Samuel Bo^auquet, Esq. John Hanson, Esq. John lintton^ l>q. \\ illiam Fortescue, Esq. and Josepli L ckwood. Esq, The plaintiirs ease was e-ondncted by -Vlr- Adolphuv, Mr. Dowljri^ and Mr. Chirtv ; and the defendant's by Mr. Mar- tfti 1 AJi. Uurney, Hnd Mr. Walford. Mr .Adolphn.s stated the plaintiff's case witii his it«ttal ability. lie said it was not uncommon for an advocate, in open- ma the ease, of Ih\ client, to represent it to be of more importance than it realiv «as. Uut tJiiscase he felt justified in sJatinu to bo Olte of the most important 1'iai could possibly come before a jury, ill Ihe administration o! civil justice, for its dec Won, When he awribed this im- purlauee to the present rase, he did not <\o so with relation so muchto the partic¬ ular injury which flic plaintiff had sus- (ained, a.« the etFectthe verdict of theju- iv inu-t have upon the general question f law involved in their deei-ion. As to Mi*'defendant—a n.an blessed with for- tune, and Mirrouuded with all the blan¬ dishments i»f affluence—the amount of damages to be glwn against him could be of no imperfaiii-e ; for whether the whole am unt laid iu the declaration, or a les¬ ser sum were given, the effect upon his circumstances would be almost imper- eptible. To the plaintiff, indeed, a man hnin in an humbler sphere, and to whom the lot of laborious industry was assign- • d, lor his very existence, the amount of damages he might receive was a matter of >eriou$consideration. Gut the humble ircum>tanccs of the plaintiff would not i.iveinduced him thus to iutioduce the * iuse, if there was not a question of in- nnitely greater importance, affecting the ttllCilo coiiimuiiffy , tin uh *-tl oi ttil^ tiJs* uusalon of the case ; uamel), whether, iu a christian country, any man, however high his rank might be, could assume to hubself the rifihl of dealing out death to lii* fellow creatures, who, from accident •»r design, might in law be considered as trespassers. Mr Baron Garrow here interposed.— u Forgive me for interrupting you, Mr. Adolphus; I think it necessary thusear- 'y to intimate the opinion I shall deliver to the jury upon the genetal question of law, because I think it will tend to save time and narrow our present inquiry, which 1 think ought simply to be confi¬ ned to the facts of the case. The gene¬ ral question of law involved in this case, has occupied the attention of Wcstmin* ♦.ter-hall, with, perhaps, much more anx¬ iety than any other ever discussed. The last decision upon this ubject was in the Court of Common Pleas, when the mat¬ ter was considered with the greatest de¬ liberation by some of the most eminent [udges that evrr presided iu that court. The late Lord chief Justice Gibbs, and the present Chief Justice Dal las, weredi- vided in opinion against Mr. Justice lark and Mr. Justice Burrough, the lat- ter judges being o: opinion in point oi law against the right to set- spring guns or other deadly engines, in any public or private grounds. jVly opinion iri this case must be delivered one way or the other, and I am inclined to decide with the lear- ni'd Judges last mentioned. The ques¬ tion is undoubtedly of such importance, that it is tit it should be decided in the most solemn and deliberate manner, and whatever course the parties may think proper to adopt for the purpose 01 having it so raised and decided, 1 shall give ev¬ ery facility to it. 1 will tell you the o- pinion 1 shall deliver to the jury. 1 shall tell them that it is unlawful and not tube permitted, for any person to set $tecl traps or spring guns in his grounds, es¬ pecially whereari^htof footpath is claim¬ ed, as in this case, I know mat in de¬ livering this opinioOj 1 decide aguiusi very great authorities, but I think it ne¬ cessary so to do, iu order that the general question may be fairly raised, i certain¬ ly have considered the subject with great attention, and feeling that lmust rule one way or the other, I deliver that opiniou which h the result of the best attention I could give the subject. Havingthus ear¬ ly interposed, it will probably tend to save time in this place, and if it meets the views of the parties, the bettercourse seems to me to be for us to confine our attention at present to the facts of the case, calling upon the Jury simply to de¬ cide what is a lit compensation which the plaintiff is to receive for the alleged in¬ jury of which he complains. Mr. Adolphus replied he should roost readily fal! in with the suggestion of the learned Judje, and confine himself to the facts of the case, and to such obser¬ vations as they necessarily suggested. The plaintiff w as the son of a respectable farmer, residing at Elmdon,in this coun¬ ty. At an early hour in the afternoon of the 12th of September, 1818, being broad day, he went with one of his companions to gather nuts in the defendant's wood. Before he entered the wood, his com¬ panion expressed his apprehensions that there were spring guns set therein ; but t the plaintiff, distrusting the intimation. fearlessly . niered in pursuit of his inno-t cent amusement. He was, however, most fatally mistaken. Alter he was ia the wood a lew minutes, and whilst in the act of reaching after a bunch of nuts, hc trod upon a concealed wire, anil re¬ ceived the contents ot a spring gun iu his left leg. He staggered against a tree, and must have fallen upon other wires, and probably would not have surv.ved to bring the present action, but fur the assistance ol his companion, by whom he was conveyed home to his father's house, where he languished for a gre<it length of time. After undergoing various ope¬ rations, about one hundred and fifty shot3 were extracted from his leg, and a great many others were left behind, leaving him, however, in the condition of an in¬ curable cripple. These circumstances necessarily raised the question, whether it was competent for the lordly proprietor of laud to deal out death and destruction to those who by accident were tn-*pa*. sers on his soil. To justify the flcfendr ant's conduct the whole ofthis propositi- on must he clearly made o t. lie mnst show that the law of the laud was insuf- ficient for the protection of what he call¬ ed his property, namely, his' game. It was not necessary for the purpose of this cause to enter into any consideration of the nature and tendency of what were called the Game Laws ; but he trusted lie might be allowed to make this obser¬ vation, that where the Legislature had provided the pains of tine, imprisonnwut, vagrancy, and even oftransportatiou, for the invaders of this species of property, it had afforded sufficient protection for it, without having recourse to these arts of assassination and murder. Perhaps it would be said in this case, that the plaintiff had had some notice or iutimv tion of the danger to which he exposed himself by entering the wood. If the question were to depend upon that fact, whether proved or not, the case would not be worth discussion for a moment ; out toe s*JB£6tf ol noiuc wasquiti fo siite the real merits of the question ; for even supposing notice to have, been given, the argument would come at last to this :— that a gamekeeper, armed with a loaded blunderbuss, might stand upon the boun¬ dary of his master's land, and notify to the king's subjects, that if they dared to enter the prescribed bounds, he would blow their brains out. Would this pro¬ position be endured for a moment ? And yet the same observation applied with greater force to the case of a mute engine of destruction, which could give no no¬ tice of danger until the unhappy victim fell 3 sacrifice to the lurking mischief. If personal notice from a gamekeeper would not justify him in murdering a trespasser, with ••111 less reason could it be .-aid that a general notice slu» U up on the not ide of a fence, "^ould justify the death of the party by means of concealed weapons of destruction. But laying aside the par¬ ticular discussion of the law of the case, the Mmple question upon the facts, was, what damages the jury would give to a man, w ho, from the bounding activity of youth, was now reduced to the premature decrepitude of age, by the unlawful act of the defendant,—to a man who had en¬ dured months of pain and sickness in the lap of poverty, without any of those alleviations which fortune and affluence extended to suffering humanity, to a man reduced to bankruptcy in the only good he inherited from hi* family—health and activity. The plaintiff was young, but he was net strong ;—blightrd in the prime of youth, he was reduced to the wither¬ ing decay of premature old age, and had nothing but the parish to look t<- for sup¬ port. If these considerations were not sufficient to induce the jury to give hira a liberal compensation in damages, there were uot wanting other motives to incite them to the expression of a just si u?e of their opinion of that spirit of assassina¬ tion which was now but too generally diffusing itself throughout the country, under the mask and colour of legal forms- After a tariety oi other ingeoious aad