the ingsto chronicle vol v friday afternoon november f 1819 no 45 mv 4tl executive council office york zpb august 1819 ttie order in council of the 1 8th 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the lieu tenant governor in council that all locations of land subject to settlement duty made prior to this date be rescinded and the land otherwise disposed of if certificate of the settlement du ty being performed be not lodg ed with tic surveyor general within the time limited in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sued out within three months thereafter and that all locations subject to settlement duty hereafter to be made will be rescinded and the land oth erwise disposed of if ertificate of settlement duty being per formed be not lodged with the surveyor general within eigh teen months of the dte of the order for such location and the pa ent sued out within three months thereafter john small c z c 366 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 3tf notice an assignment having- been made to the subscriber of all the land goods and debt s belonging to he late firm of james ranien m co- of e town mrrchnnls as well as those belorg- jttstt rawkca individually f r tlie benefit of creditors notice u huebv given to all persons having claims agiinst the said firm cr aiust the sail jimes ranken to present thm forthwith duty authenticated and such as stand indebted are deire j to pay their respective accounts to chr a hagerman eq of kings ton on or before the but day of decem ber next john kirby kingston r st september 8 9 6 to let yffnd poffefiion given the ist aunft 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 fliurh or lot no 27 in the lt conccfsun of richmuvifiom the heirs or aflxgnees cf dvis 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 bartlt cafliier kingfton oft 14 1819 42 to the farmers tihe 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 wen 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 espttfully informs thepub- mt 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 bardrrs whtreeverv attention will be paid to heir con- fort and accommodation she will havegod warm so v ps and ccfive ready made at the hortrft 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 coveted into a comfortable rtfidrncf at a rifling ex jc tv- an alia arin mt pe at ched to it wth a we of excellent water an indtfpnt tifa title wll be nv and the terms made known 3t mr d uagermans office in bath ur on app na tion to the proprietor joseph bfrgon frederickfburgh 8ti 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 aitit to day martin montreal st paul st l september 1s19 4 1 i f b sf1lsbuuy laic surgeon of m s prince re- gent on lake oniitio jj intends practicing in lite rattnus braiu hes of h profession at his res idence next door to john mclean 1q sheriff r kings loth oct 6th is 19 ii jru ticm the fublcriber has now and will con tinue to have at his brewery a fup- ply of rich flavored ale the preent price is one hilling per gal- j ion for immeiate payment the admi rers of extra ilronr bodied ale are refpett- fully informer that as loon as poffible he will provie a biek that will satisfy the molj falliefou critic he think it will not be amifs to remind th farner who are the mafs of the peo- ph hat if tfcey ivifli their grain to com- mand cnfh tlvy muff afolutelymake malt liquor their ommn beverage and thus ftpj 01 1 the canadian brewers inrtead of the weil lndisn duhllers 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- tfn orders fen to the brewery or left with mr john ruieu at smith bartlet efqs will frcct with due attention t s d alton kingston brewery oct 26 1r19 n b grains at all tiues for fak 7 per bufhtl 44 notim montreal fir insurance tympanys 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 mrvatlil esq turk ht aujw v qtccntun jaa ilissrs iihuy amhrstturali wm tiufvbw i he tretr of this infant jniliiution ftntcr hcovve rer l1 uft y mcrh- on trieir vht l e ratca of 1 remiuiid wl be foui reasonable as at m y rtlwr 1 ffice and tl 7 refpeflfuhy fo- i t th patroi aye f a v wlfll well to l cal -riflimt- i j order of tr board 37013 j rl i r1 ey secy merchant taylor io as received f montreal a mod itjl chciee and cxtejt asortfaeat of the beil well of fl llj faperfine f mils i utt oi mwrrt with trimmincs al tvery thing corn- froffi the london observer august 1 mm rimming 3 pi- a ashftft hifornn kis fnends and thr public that he is v working up thcie hths sec ai his pj hand where orders will be hankhilly rccivcd and executed uxk the fhortefl notice and on the loweh ermb fui call or 111 t approved creit kingllon sept to 1819 371 hem oval m f sy c r a for sale at this oftec few copies of a sivkmon preached ol quebec 011 this v2 of septrniber alter the d- ath rf hi- grace the dvkk or 1liciimom by th luverend g j mountain a b bishop oliieial iu lovcr canada aed 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 have nowrcceived aid juit opened in mar ket street jail below alii patricks lin a very extemive affcrtment cf dry goods groceries and station ary likewife a great quantity of claflical brxks the whole of which will be fold very low for cafh and approved credit mcdonald aykroyd dec e 118 27 to axemen the subscribers ill reccitcpr posulr from any person or persons willing to ege to eleur sixty acres of new laud on tlwif reniies in anieliu- burh bay of quinlc ready for seed b thetirst day of august iwyt the a-h- es on said land will bi required to be coil cted aud carelulfy s tanb and provisions will be fumisinicl if re quired for particulars apply to owen stcdougat k hlcti 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 bufiru is next door below mr george doulafss store street where every article in his line may be had on the molt realonable terms and on the hot tell notice the following rates of charges are fubmitted horse shoeing all round 6tf removes 2j6 and all other work in ptoportin kingston ipril tk 1h19 15 invite grindstones new medwtxal htom ftofle subscriber respectfully rnform- lt the inhabitants of kiutou and vi cinity that he fias op md a medicinal laboratory in krontstvtoppnsjtr to mr kiry vie they may be supplied with ever artirle in his line w 1lli ams 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 ple 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 iiwlox glass putty fmnti oil spikes tbiptide kcet iron truce auil log chains llolum iran of very descrip tion frying pans spades sho ck vices c 8c with a larpeaftirtrent of fhelf good confiding of mod ancles aiked for in his line which he wil fell low for cafh produce or holt aproved credit j watkins kingfton aegufl r6th 1819 35f 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 tliphant pe- trie and phrttnaa poker as trustees for ttie benefit 01 the crijtors wil am taylor administrator j th estate of the late ahan taylor kingston angus g x g g rphe a good b rgaia 1 sioms mill meet on the tqfi monday ttjlor sale the h anc pemifes in in february and continue f- to do the fame j the town of ktngftoif t prefent oc- day in each month until the luinfs of cupicd by the fubfc for particulars this dtjlrict as regard the fame is jiahed apply to jon f kguttoft samue ansley jun ktnsjlon feb jt 1s19 6 kmgstoj may y 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 thcase 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 cue 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 nrouhjt 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 kq jonah savilh lsq bartlet goodridge ksq robeit westle hall esq samuel boauquet esq john hanson esq john lintton lq illiam fortescue esq and josepli l ckwood esq the plaintiirs ease was eondncted by -vlr- adolphuv mr dowljri and mr chirtv and the defendants by mr mar- tfti 1 aji uurney hnd mr walford mr adolphns stated the plaintiffs case witii his itttal 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 1iai 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 inut have upon the general question f law involved in their deeiion as to mi defendant a n an blessed with for- tune and mirrouuded with all the blan dishments if affluence the amount of damages to be glwn against him could be of no imperfaiiie 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 ircumtanccs of the plaintiff would not iive induced 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 terhall 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- nid 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 wherearihtof 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 elmdonin 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 defendants 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- 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 h c 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 survved to bring the present action but fur the assistance ol his companion by whom he was conveyed home to his fathers house where he languished for a greit 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 tnpa sers on his soil to justify the flcfendr ants conduct the whole of this 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 sjb6tf 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 masters land and notify to the kings 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 ue 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