Sunglasses Styles

WordsAndPhrases”conviction.”The word “conviction” means the ascertainment of defendant’s guilt by some known legal mode, whether by confession in open court or by the verdict of a jury, or, under the Constitution and statute, by the judgment of a justice of the peace, where a jury trial is waived, provided the justice has final jurisdiction of the offense.[Ed. Note.For other definitions, see Words and Phrases, vol pp. -.Appeal from Superior Court, Anson County; E. B. Jones, Judge.Action by J. W. Smith against C. D. Thomas and others. Judgment for defendants. Plaintiff appeals. Affirmed.This is an action for malicious prosecution. The plaintiff was charged before a justice of the peace with the commission of a criminal offense upon the accusation and affidavit of the defendant O. D. Thomas. At the trial, as the record shows, he pleaded guilty, and afterwards appealed to the superior court from the judgment of the justice, which was reversed by that court At the close of the plaintiff’s testimony, the court, on motion of the defendant, entered a judgment of nonsuit against the plaintiff, whereupon he excepted and appealed.J. W. Gulledge, for appellant Robinson & Caudle, J. A. Lockhart, and H. H. McLendon, for appellees.WALKER, J. after stating the facts as above. The reason for the decision of the court below was that the plaintiff had been convicted, upon his own confession of guilt. by the justice, and that the conviction was conclusive evidence of probable cause for the prosecution, although It was reversed In the superior court. In this ruling we concur with the judge who presided at the trial In the superior court.For other cases see same topic and section NUMBER In Dec. ft Am. Digs.to date, ft Reporter IndexesHowever the question may have been decided In the courts of the other states, and their decisions do not appear to have been entirely harmonious, this court has held in at least two previous adjudications that a conviction of the defendant in the criminal prosecution by a court of competent jurisdiction Is conclusive In an action by him for malicious prosecution upon the question of probable cause. It was so held in Griffis v. Sellars,N. CAm. Dec In that case It is said in support of the principle that “as evidence of probable cause a conviction by verdict and judgment Is as convincing, and therefore ought In law to be as high and conclusive, although vacated by appeal, as if It stood unreversed and In full force. It sanctions the prosecution in its origin and progress through that court, and is the highest evidence, namely, a judicial sentence of record, that apparently the accused was guilty. It is true that the law in its benignity allows the convict to show on appeal to another court that he Is really not guilty. But that does not show, nor can it be shown, against the facts of the first verdict and judgment that there was no just and probable cause of accusation.” It is true that Chief Justice Euffln refers In the opinion to a conviction by verdict and judgment, but a trial by jury is not essential to the conclusive effect of the conviction, for the latter word means in law the ascertainment of the defendant’s guilt by some known legal mode, whether by confession In open court or by the verdict of a jury, or, under our Constitution and statute, by the judgment of a justice of the peace, where a jury trial is waived, provided the justice has final jurisdiction of the offense. Commonwealth v. Lockwood,MassAm. Rep. ; People v. Adams,MichN. W. ; U. S. v. Watklnds C. C.Fed. ; Egan v. Jones,NevPac This court in Price v. Stanley,N. CS. B has approved the decision in Griffis v. Sellars, and expressly holds that the principle, as settled by that case, Is applicable to a conviction by a justice having jurisdiction of the offense, even without a jury trial. The court says In regard to a reversal of the conviction: “If by any means a trial had been afterwards had in the superior court, and the same had resulted in an acquittal of the plaintiff Price, nevertheless the conviction in the justice’s courta

Commonwealth,  Va. ,  S. E. , and authorities cited; L. & N. R. Co. v. Interstate R. Co.,  Va. ,  S. E. ,  S. E. .To hold that the Legislature Intended that that section should apply to persons other than the claimant of the land In whose name It had been returned delinquent and sold, and those claiming under him, would not only result in great hardship and injustice, but would give it an effect not within the power of the Legislature.It is well known that under the loose system prevailing In this state for a long time, by which public lands were disposed of, two grants were frequently Issued, sometimes more, for the same land. If the junior grantee or those claiming under him had permitted the land to be returned delinquent for the nonpayment of the taxes thereon, sold therefor and purchased in the name of the auditor for the benefit of the state, neither the senior grantee nor those claiming under him, under the construction contended for by the plaintiffs in error, could recover possession of the land by action from the junior grantee or those claiming under him, unless they first paid all the taxes and levies assessed against It, and for which it had been returned delinquent and sold, although the senior grantee or those claiming under him may have had the land properly assessed for taxation and regularly paid the taxes and levies thereon. Neither could the claimants of land, who had a perfect title to it, recover possession of it from a squatter or other trespasser, or recover damages for injuries done it, or protect it from injury, by action or suit If another asserting title to it had caused the laud to be assessed in his name for taxation and afterwards permitted It to be returned delinquent and sold for the nonpayment of the taxes and levies thereon, until the former claimant had paid such taxes and levies.To Impose such a burden upon a litigant as a condition precedent to his right to recover possession of or protect his land from Injury by action or suit would not only be absurd and unjust, but beyond the power of the Legislature. See Cooley on Taxation d Ed. pp. -.We are of opinion that section  of the Code, as amended, applies to and embraces only the person in whose name the land so sold and purchased by the commonwealth was assessed, returned delinquent and sold, and those who claim under him. As the plaintiffs in the action of ejectment In which the judgment was rendered upon which the writs sought to be quashed were Issued do not claim under the party in whose name the land was returned delinquent, sold, and purchased by the commonwealth, they were entitled to their writs of possession and fieri facias, and the circuit court did not err in overruling the motion to quash and dismissing the same.The judgment complained of must be affirmed.Affirmed.O’DONNELL v. COMMONWEALTH.Supreme Court of Appeals of Virginia. Sept. , .. Criminal,Law PbesumptionOfInnoCence.One charged with crime is presumed to be innocent until his guilt is established by the evidence beyond every reasonable doubt.[Ed. Note.For cases in point, see Cent. Dig. vol. , Criminal Law, § .. IntoxicatingLiquobs SalesToPebeoNS “intoxicated.”The word “intoxicated” in an indictment charging a violation of Acts , p. , c. , I . providing that no person shall knowingly sell intoxicating liquor to any intoxicated person, means a materially changed condition produced by the immoderate or excessive use of intoxicants, as contrafted with normal condition and conduct.[Ed. Note.For cases in point, see Cent. Dig. vol. , Intoxicating Liquors,  .For other definitions, see Words and Phrases, vol. , pp. -.. SameIllegalSalesPersonsLiable”knowinglySell.”Under Acts , p. , c. , § , providing that “no personshall knowingly sell [ardent spirits to any intoxicated person.” and section , p.  declaring that any person violating any of the provisions of the act shall be

are assessed.We propose further to amend the Declaration of Rights so as to provide, that persons on trial for crimes may be heard by themselves, and counsel ; instead of themselves or counsel as the article now stands.We now propose another amendment, that no person shall suffer imprisonment, or other ignominious punishment, on official information ; nor unless on indictment by a Grand Jury ; except in cases expressly provided for by law. This amendment takes from public prosecuters the common law rights to arraign, of their own authority, any citizen for misdemeanors or crimes without the intervention of a Grand Jury, representing the people of each county.ALTERATION OF THE POLITICAL YEAR. We recommend that there should be ordinarily but one session of the General Court in a year. We believe that more is not necessary ; that the expense of legislation will be diminished ; and that it will be convenient to bring the common and political year into conformity.A necessary consequence of this change, is an alteration of the time of holding elections ; the day, rnot convenient for this purpose, in the opinion of the Convention, is the second Monday of November. We propose that all the elections of State Officers, which are to be made by the people, shall be made on that day. This provision will not lessen the number of days, which, by our present Constitution, must be devoted to elections. It will, we believe, induce a fuller attendance of the people, and a more certain expression of the public voice, in the important duty of choosing public officers. ELECTORS. We are satisfied that the qualifications as now required in Electors, produce some inconveniences, and are liable to somaAfter a patient investigation of this subject, we have concluded that a residence of twelve months within the State, and of six months within the town, or district, next preceding an election, and payment of a State or County Tax therein, constitute an uniform and intelligible rule, as to the right of voting ; and we propose the adoption of this rule, in all elections of State Officers, and the abolition of all other qualifications now required.We believe that the change which we recommend in this respect will relieve Selectmen from much perplexity, and will enable them easily to distinguish between those who have a right to vote, and those who have not. THE SENATE.After the most careful and faithful examination of the principles of the government, we have not found it expedient to change the basis on which the Senate was placed, by the Constitution we have revised. It is admitted that the legislative power should be given to two distinct assemblies, each having an absolute negative on the other.In considering this subject, we have distinguished between the people, of whom we are ourselves a part, and those who may be chosen to legislate. It is the people who are to be secured in their rights and privileges, by a Constitution, and not their public servants. This object can only be effected by a clear and permanent limitation of the power which is to be exercised.The people may impart whatsoever power they see fit. Their security consists in doing this in such manner, that the trust which they create may not be abused, nor the public welfare betrayed. It is therefore wise to provide for frequent elections ; and to require certain qualifications in the elected ; and the concurrence of different legislative branches on all public laws ; and so to constitute those branches, as that no act shall obtain their joint approbation, which is not intended to promotethe common welfare.All free governments of modern times, have found it indispensablc, not only to have two distinct legislative branches, but to rest them on such different foundations, as to preclude, as much as possible, all such dangerous sympathy and union, as may govern and direct the will of a single assembly.If the number of inhabitants be the rule by which the members of the two branches are to

of this court 57 S. E. xiv provides that “the court will not read any affidavit in support of, or opposition to, any motion hereafter made to the court, unless reasonable notice in writing be given to the opposing party of the time and place of taking the same. ” In this case the notice required by that rule was not given, but the motion to dismiss Is made in a printed brief, filed but a few days before the case Is called for hearing In this court, and as a part of that brief the ex parte affidavit of the clerk, who himself, as he admits, certified the record, is alone relied on to support the motion. Therefore we are of opinion that the contention that this writ of error should be dismissed is wholly without merit.James Thompson, a nonresident of Virginia, who died Intestate in 1876, was the owner of the 150 acres of land, which, with the 270 standing trees thereon, form the subject of controversy in this suit, and descended at his death to his heirs at law. They conveyed one moiety thereof to Martha Graham, who with said heirs instituted the suitIt is too plain to admit of discussion, if plaintiff In error does not in fact Intend to admit as much, that the defendants In error established at the trial a good legal title to the land, and, of course, to the standing trees thereon, and had the right to recover the land, including the standing trees upon it, unless this right was lost by reason of a tax deed under which plaintiff in error claims, made by the clerk of the county court of Buchanan county to one S. M. B. Coulling, hearing date July 18, 1803, the sale of the land for the payment of the taxes due thereon for the year 1886 having been made February 21, 1888, and the plat of the land and certificate of survey ordered by the court recorded as required by law April 1, 1802.It appears on the land books of Buchanan county that this land was assessed for taxes in the name of “James T. Thompson” for 1884 and 1885, in the name of “Jane Thompson” for 1886 to 1800, inclusive; in the name of “Jane” or “James” Thompson for 1801, and in the name of S. M. B. Coulling and those claiming under him for the years 1802 to 1006, inclusive. It further appears in the certificate of the evidence that in the column of the land books of 1886 and 1887, headed “Remarks,” the following note appears: “notJames T.”that the parties agreed, and their counsel admitted, that the land assessed to the above-named parties was the identical land in controversy, and the same land assessed to “James Thompson” for 1884 and 1885. It Is not claimed that the taxes were paid on the land for 1886, the year for which it was sold for taxes and bought by Coulling, nor that the land was ever assessed against James Thompson or those claiming under him other than as shown by the certificate made from the land books above referred to.It will be readily observed, therefore, that the defense set up by plaintiff in error at the trial was adversary possession, under color of title, for the statutory period of 10 years; the contention being that the tax deed toCoulling afforded him and those claiming under him color of title which by lapse of time ripened Into a perfect title before this suit was brought, and that, so far as plaintiff in error was concerned, if recovery by the plaintiffs defendants in error here of the land itself was barred, they were also barred of a recovery of the 270 standing trees thereon claimed by plaintiff in error; but the learned judge below instructed the Jury that the tax deed in question passed no title for the land in the declaration described, and this ruling is made the basis of plaintiff in error’s first assignment of error.The case of Stevenson v. Henkle, 100 Va. 505, 42 S. E. 672, involved a mistake In the name of the landowner whose lands were sold for delinquent taxes, similar to the case In judgment, and the opinion of the court says: “The underlying principle In such cases Is that a person whose property is liable to assessment for taxes shall not be permitted to evade payment of his just proportion of the public burdens by any errors, omissions, or

any number of men into Ireland, he will-do-us an essential mischief, and he is an ideot if he does not attempt it.perfectly tranquil.” It is equally contradicted by the extracts already given from the American papers, which daily set forth the anxiety of England respecting the disposition of the Continent, from which they have had no accounts for six months. These re. ports are the work of the Minister, who is now left no other means of relieving the weariness of the people, and of producing some diversion to the alarm with which the public mind is struck.No. LV.M H .to his SonC N,at Bengal.IAmignorant of the state of affairs in India, but they have not been very tranquil here of late. There have been frequent discussions, or more properlyspeaking, quarrels, between the Court of Directors and the Board of Controul, on the subject of the new college, and the enormous and useless expences which it occasions. This affair will be laid before a Court of Proprietors.It will give you pain to say all that I think, against the favourite establishment of the Marquis ; for I look upon this splendid College as very useless and expensive. I consider it as one of the striking examples of the evils that may result from having for Governors in India men of great family. They go into a country with which . they are unacquainted. Strangers to the localities, they think only of the short () time they have to reside in it. These persons are not indebted for their nomination to the Court of Directors, but to superior authorities at the west end of the () town.{) And one may judge of the number and the importance of the occupations which fill this short period; for it is losing one’s time not to have gained ,. in a few months.—See letter, No. XLV. from Lord Ch to Lord Bentinck.(ii) The Court is, in fafl, at the west end of the town.The consequence is, that they pay very little attention to the orders of the Court of Directors, and generally seek only to make themselves agreeable to those to whom they are obliged for such a. splendidsituation, and who can support them in it.tNo. LV.M.Rankento CaptainWilliamRanken,atCalcutta.Ifthe expences we are atj continue long, they will ruin our finances, and  see no means of putting an end to them. We must be eternally, then, onthe defensive, while France swallows- up all the Continent.No. LVI.M.J. Lumsdento his Brother() at Madras.Brompton, near London, AugustI.I cannot finish my letter without telling you something relative to the horrible state of affairs in this country. We have just entered into a war with our ferocious and implacable enemies. This war differs so much from- all former ones, that we shall be obliged to fight upon our own territory. No person, thinks of doubting that Bonaparte means ro attempt() This Mr. Lumsden is doubtless the Secretary in Chief of the Government of Madras. The address does not give him the title.to invade us at all points, and every body agrees in saying that, however superior our naval power may be, it is impossible to prevent their landing, even in more than one place. I have never been one of those who have feared the issue of the event; but nevertheless, I own that the consequences would be terrible, if these ferocious banditti (for the French army deserve no better name) set their foot, and remain any length of time, on our coast. () I believe the mass of the people loyal. Discontent may, it is true, manifest itself among the lower classes in London, as well as in our great towns; but I do not think that it can ever be of great consequence. My only fear is for Ireland, where the standard of rebellion has been hoisted a-new. It is useless to anticipate the event, &c. &c.No. LVII.M.JohnBlahker,to Lieutenant-ColonelClose,at Madras.London, July, ,Theevents which you mention concerning the death of Paul, the forced passage of the Sound, the battle of the Nile, and last, the event of the st of March ; all hastened the peace which the Ministers precipitately concluded, to

Milord,’ Londres le  May, .t ‘ARTICLE X* du Traité d’Amiens, qui determine la nouvelle Organisation de l’Ordre de Malthe, ayant prescrit differentes Mesures, a l’Execution des quelles doivent concourir les Deux Principales Puissances Contractantes, le Premier Consul a nommé le Général Vial, Ministre Plenipotentiaire près l’Ordre et l’Isle de Malthe, pour se concerter avec la Personne que Sa Majesté Britannique nommera à cet Effet, sur l’Execution des Arrangemens convenus dans le. dernier Traité.Le General Vial se rendra à sa Destination, aussitot que votre Excellence m’aura fait connoitre le Choix et les Intentions de Sa Majesté.J’ai l’Honneur d’être, avec la Consideration la plus distinguée,Milord,de Votre Excellence, &c.(Signé) OTTO. Son Excellence Milord Hawkesbury, Ministre et Secretaire d’Etat, &c. &c. &c. Translation*Translation.My Lord, London, May , ,’T'HE th Article of the Treaty of Amiens, which fixes the new Organization of the Order of Malta, having prescribed various Measures, to the Execution of which it is necessary that the Two principal Contracting Powers should concur, the First Consul has named General Vial as Minister Plenipotentiary to the Order and Island of Malta, for the Purpose of concerting with the Person whom His Britannick Majesty mail appoint for that Purpose, respecting the Execution of the Arrangements agreed upon in the late Treaty. General Vial will set out on his Destination as soon as vour Excellency shall have informed me of His Majesty’s Intentions, and of the Choice he may make.I have the Honor to be, &c.OTTO.No. .Sir, w Downing Street, May , .IN Answer to your Letter of Yesterday, in which you communicate to me the Nomination, by the First Consul, of General Vial to be Minister Plenipotentiary of the French Republick, to the Orc’er of Saint John of Jerusalem; I have the Honor to inform you that the King has been pleased to apExtract of a Dispatch from Lord St. Helens to Lord Hawkesbury, dated Petersburgh, May , .T HAVE Reason to hope that the First Impressions that had been produced here by certain Part of the Arrangement relative to Malta, have been removed; and ‘that His Imperial Majesty may even be ultimately induced to guarranty the Whole of that Arrangement; provided that the Steps which have been taken towards the Election of a new Grand Master, according to the Mode suggested by this Court, be considered as fulfilling what is required on that Head by the latter Part of the Paragraph of the Tenth Article of the Treaty of Amiens; and consequently that no new Election for that Office is to take place in the Manner pointed out by the former Part of the fame Stipulation.No. .Sir, Downing Street, June , .T INFORMED you in my Dispatch No. , thatM. Otto had made an official Communication to me, that General Vial was appointed by the First; Consul Minister Plenipotentiary to the Order of St. John of Jerusalem. Sir Alexander Ball has been in consequence invested with the same Character by His Majesty. He will proceed immediately toMalta,Malta, and he will receive Instructions to concert with General Vial the best Means of carrying into complete Esfect the Stipulations contained in the ioth Article of the Definitive Treaty. By the Paragraph marked No. i. in that Article, it is stipulated:”The Knights of the Order, whose Langues shall “continue to subsist after the Exchange of the Ra”tifications of the present Treaty, are invited to “return to Malta as soon as that Exchange shall “have taken place: They shall there form a Ge”neral Chapter, and shall proceed to the Election “of a Grand Master, to be chosen from amongst “the Natives of those Nations which preserve “Langues, if no such Election shall have been “already made since the Exchange of the Ratisi”cations of the Preliminary Articles of Peace.”The Object of this Paragraph was, that in the Event of an Election having taken place

on valuation of orphans’ estates, per day, two dollars ; return thereon, seventy-five cents ; venireto summon a jury in a forcible entry and detainer, seventy-five cents ; taking inquisition and return thereon, four dollars; warrant of restitution, seventytaking acknowledgment of any deed, each justice including all the persons acknowledging at ; taking any other acknowledgment, twelve and an half cents; taking appeal bond, twenty-five cents ; taking a bail-piece to the general or county courts, twenty-five cents ; a pass, twenty-five cents; certificates of stra)-s, thirty-seven and an half cents ; taking inspectors’ bonds, each justice twenty-five “—-probat of county clerk’s bond, each justice twenty-five ,, AndBeItEnacted,That it shall be the duty of justices of all and every justice of the peace to write and prepare all pro- the peace t?hats, affidavits, supersedeas, and other instruments to be execu- PTM” ted by them in virtue of this law, when required, except in cas- ‘ idedgment of deeds. . AndBeItEnacted,That every justice of the And take an : justice, before he acts as such, shall take an “ot to that he will not, directly or indirectly, receive any great- greater fee^ er fee or reward for any thing in his office as justice of the than is alpeace than what is allowed by this act; and if any associate |TMved byjustice, or justice of the peace, by colour of his office, shall re-  us act’ ceive any lee or reward for any service not specified in this act, or if any associate justice, or justice of the peace, shall receive any greater fee or reward for any service mentioned in this act than is hereby allowed, he shall forfeit one hundred dollars for every such offence, but such justice shall not be liable to prosecution after twelve months Irom the time of the offence committed, .XXXLII. AndBeItEnacted,That all causes, pleas, process J^”"^’ and proceedings, relative to any case, civil or criminal, which n°d f^,^ shall be returnable to, or depending before, the several county ty courts, escourts of this state, when this act shall commence, shall be re- tablished by turned to the several county courts constituted by this act, at th’s act the times herein before appointed for the holding of each court, and shall be heard, tried and determined therein, in the same manner as if no change had been made in the said courts; and “^out of any of the said county courts shall be” in case of his death, disqualification, before a new appointment, in the name of the associate justice first named in the commission, and all writ^fJls^Lbe’ returnable on the days appointed byNovember,.CHAP. l.XXIV.Coinmi!raenij, ice. to be returned to the justices appointed by this act.Original jurisdiction of general court bridged.Section repealed.No suit shall be removed before judgment to general court, of which it has not original jurisdiction.Certain actions not to abate, upon the death of either of the parties.XXXIV. AndBeItEnacted,That all commitments anct recognizances tor all felonies, crimes, offences or misdemeanors, committed in the several counties, and triable by law in the county court’s, shall be returned to the justices appointed in virtue of this act, by the justice making such commitment or taking such recognizance, on the first day of holding the county court of theiT county; and all sheriffs, clerks, and all other civil officers, shall execute and perform the same offices and duties, under the same penalties as they are now obliged by law to perform and execute them in the county courts as now established.XXXV. And,whereas the great convenience of trials of facts in the several counties of this state would be considerably increased by farther abridging the original jurisdiction of the general court; therefore, BeItEnacted,That from and after the first day of March next, no action of trespass for injury done to the person or personal property of the Plaintiff, replevin, del, covenant, account or on the case, shall be brought in the general court, unless the real debt or thing in demand, or damages assessed, exceeds the sum or

principalities of Germany.Considering the stability and industry, which sc* eminently characterize most of the German emigrants, I am inclined to believe that things must be very much out of order, in their native land, before men like them, would come to the resolution of taking a final farewell of their near connexions and friends; with the perils and inconveniencies of’ so long a voyage before them,Sth Month, Ith\I paid a visit to our neighbour Doctor H. After tea we”called upon a family of the name of Crow, where I saw a little establishment just as it stood in the first settlement of the country. It consisted of a small workshop, containing a set of tools proper for blacksmiths and carpenters, jvhich, at that period, must have been an almost invaluable appendage to a farmhouse. The Doctor complained to us that he had lately lost nearly the whole of his ducks and geese; which had been devoured by a large species of tortoise. This animal creeping on the bottom of the pond, seizes the unsuspecting fowls by the feet, and dragging them under water, eats them.at its leisure. The Doctor had a respectable establishment for the education of his children; having an extensive library, with a pair of large globes, and an amiable young woman from England as tutoress, who was well qualified for her office, hischildren being mostly girls.iSth Month, th.I went over to Philadelphia; and having had several pressing invitations from Doctor G. who had been a fellow-student with my brother William at Edinburgh, Idined with him. The Doctor is one amongst the few of that profession, who retain their integrity by continuing to be consistent members of our society; and he is a very useful member of the monthly meeting to which he belongs. In the afternoon I spent a little time at John Elliott’s and Samuel Fisher’s; and took my farewell of them all, with sentiments of esteem, and of gratitude for the many instances of their kind attentions to me. While in this city, Ireceived letters from my wife and family down to the th Month lih, with satisfactory accounts of their welfare./A Month, IQth.O. J, having kindly offered me a seat in his carriage* I accompanied him to the annual general meeting in the Valley; at which a grea* number of friends and others attended; indeed, a great many more than the house, though. large, was able to contain.After meeting, we accepted an invitation front J. C. and dined at his house, where we sat down to table with him and his wife, their aged father and mother, ten daughters, and one son; being a fair sample of an American farmer’s “family. I was informed that his neighbour D. G. a respectable farmer, with whom I have often been in? company, has ten sons and one daughter: .Considering the accounts I had read, of the homely fare and accommodations of the planters in America, I was struck with .the number and elegance of the carriages we saw on the road> in going from meeting to the house where we dined; part of the way lying through the forest, and some part through a country in a high state of cultiva-? tion, the prospects were beautifully diversified.In our way home, we took tea ^t the proprietor’s of an extensive marble quarry, who Kindly conducted us into it; where we had an op.< portunity of seeing the people. at work, in .separating large blocks from the solid rock. This vein of marble, which appeared to be from  to  yards in widthy runs in? the direction of southeast, and north-west, through a stratum of limestone, a few feet below the surface of the ground; and it has the appearance of there having been a.cleft in the limestone rock, into which the marine had been poured in.a Jiquid state. Col. H,’ati.whose house we were generously entertained, and who is owner of the quarry, informed us that he had sold thirteen thousand cubic feet from it in one year, at  s. Gd. per foot. The weather being fine, and our little party consisting of several agreeable men and women friends, the day was spent very pleasantly.th Month, lid.A. B. a friend from England, paid me a visit, having

the opposite scale against a musket. These men enjoined the strictest secrecy in their interviews with us, lest Otoo should betray them to the Uliteans ; and to guard against any attempt of this nature, were very urgent to be accommodated with a passage on board our vessel, against his return. The royal family had, doubtless, some deep political motive in suffering these men, the implacable enemies of the Uliteans, to procure muskets by barter with the ships. This motive, however, I cannot profess to conjecture.The propensity which these people have to continual wars with each other, is of the most fatal consequence to the happiness of these islanders. Their minds have thus acquired a ferocity which otherwise seems not natural to them ; but, notwithstanding this seeming fierceness, I am persuaded that a few determined Europeans would find no difficulty in subjugating them. As an instance of this, I shall here introduce the following circumstance.The Swede whom I have before mentioned. had obtained permission to trade for me all over the island, and from this indulgence had taken the liberty of introducing himself into the districts hostile to Pomarrie. These people gave him a most welcome reception, having formerly felt the effects of his prowess, when fighting the battles of Pomarrie. In these wars he had killed many of their countrymen; for, being a courageous fellow, he always took the lead upon these occasions. They now held out many flattering proposals, if he would reside amongst them ; they promised that he should have hogs, houses, lands, and canoes.The Swede had already experienced the ingratitude of the opposite party; for he had no sooner accomplished their purpose, and by his efforts perhaps saved Pomarrie and the king, than he was laid aside as a tool no longer wanted. He had thus very reasonably become dissatisfied with them ; and thinking that he had no very particular obligation, or any duty of allegiance, he resolved to change masters, and the opportunity now presented itself. He thought that he might place more dependance upon his new than his former employers. He brought to our house whatever property he possessed, to be conveyed thither the next time our boat should go that way, which, until this event occurred, I proposed should be on the morrow. But when he made the request, that himself and family, four in number, with two others of the people whom I had discharged, should be conveyed thither, I thought it a duty that I owed my countrymen the missionaries, to inform them of his purpose.Alarmed at the probable consequences of this event, some of them strenuously requested me to remonstrate with him, and if possible induce him to lay aside this purpose. Some of them expostulated with him, but to very little purpose ; he was seemingly resolved to persist in his own way.In answer to their reasonings, he complained very heavily of having been so often deceived by Pomarrie; and that, though he had not relaxed one moment in his efforts to advance the interests of Pomarrie, the ends of the latter were no sooner effected, than his promises were forgotten, and his reward denied or eluded. This was indeed very true ; the poor fellow, after all his services, was sometimes hard put to it for a subsistence.The missionaries had no answer to this, but to request him to delay the execution of his purpose till they should have exerted their interest with Pomarrie, and procure him some redress. After some further negotiation, I was appointed mediator between the parties.In the mean time Pomarrie, being informed that he was about to lose, and his enemies to gain, so stout a warrior, hastened in terror to Matavai, and requested me to interpose, and procure a reconciliation. The Swede was sullen and determined. He turned a deaf ear to all that Pomarrie had to say.I now began my part: taking Pomarrie aside, I informed him that all my negotiations with the Swede had been fruitless; that he had a heavy and just cause of complaint; that he was exasperated by neglect,

was ever remarked as being in high order, and was a school of discipline; many young men who were first ushered into the service on board that ship, and under the patronage of her distinguished commander, have since become ornaments to their country.On the commencement of the late war, Lord Howe honoured his friend by applying for him as captain of the fleet, and Sir Roger Curtis went on board the Queen Charlotte to assist the commander jn chief.In this eminent situation he continued to. distinguish h|mself by an unwearied application to the many and important duties of his station ; and his constant attention to the discipline of the fleet, undoubtedly contributed much to the glorious victory af- . terwards gained; a victory by whiph the name of the departed hero who commanded the British squadron has been immortalized.Upon a promotion of flag-officers in April i{H, Sir Roger Curtis was appointed colonel of the Plymouth division of marines.Shortly after this the memorable battle of the st of June was gained by the fleet under Lord Howe’s command. It would be superfluous to dwell on the advantages the country derived by the success of that important day ; or on the merits of those who served under his Lordship : they are recorded in the naval annals of the British empire, and exhibit one of the most splendid victorios ever atchieved by our gallant tars. The subject of our present memoir, however, enjoyed his full share of glory, in the honourable mention made of his services by the admiral, and which, as his biographers, we feel it our duty to no~ tice. Of the evolutions necessary to be put in practice to bring the enemy to action, it is said; ” To the unremitting exertions and skill of the firet captain of the fleet, during the long chace which preceded the action, in very tempestuous weather, much praise is due;” and in his official account of the battle Lord Howe nobly acknowledges the obligations due to such exalted merit. Speaking of Sir Roger Curtis, he says,” It is incumbent on me, nevertheless, now to add, that I am greatly indebted to him for his counsels as well as conduct in every branch of my official duties.”On the return of the victorious fleet into port, when his Majestyvisited the squadron, and honoured the officers by personally destributjng the marks of  royal royal approbation, Sir Roger Curtis received a gold chain and medal, of the same description as those presented to the rear admirals, to.which rank his situation as captain of the fleet corresponded; on the same occasion hisSovereign further testified his royal favour by raising him to the dignity of a baronet of Great Britain,Shortly after this, Sir Roger Curtis was placed in a situation peculiarly unpleasant and delicate, as prosecutor in the Court Martial held on the captain of the Caesar. On this occasion he displayed great ability and legal knowledge.On the . th of July , Sir Roger Curtis was promoted to the rank of rear-admiral ; he continued to serve in the channel fleet, but the enemy kept too closely in port to give him opportunity of distinguishing himself as a leader. On the th of February  , he was promoted to the rank of vice-admiral of the red, and in the month of May , he was appointed to command at the Cape of Good Hope. His laudable attention to ceconomy in every branch of the public service is strikingly meritorious, and one instance is particularly deserving of notice:On the Jupiter, of  guns, being in want of repair, he determined, instead of sending her to the East Indies, which had always been the enstom, and where her repairs would have cost an immense sum to government, to make the experiment whether it was not possible to refit her at the Cape ; she wgs accordingly hove down and put in perfect repair in Simeon’s bay: he thus accomplished an object which, as a precedent, might have been of considerable importance to the navy, and which reflects high credit on his perseverance.The return of peace has of course suspended the exertions of Sir R. Curtis’s naval