294 
THE GARDENERS CHRONICLE. 
[ApriL 29, 
the inconvenience to the farmers, who hold the notes of 
the other bank to a large amount. 
Lincoln.—A large meeting of the Lincolnshire farmers 
was held at Bourne, on Saturday, to take into considera- 
tion the alterations about to be recommended by Govern- 
ment for the admission of American and other foreign 
corn through Canada into this country. Sir J. Trollope, 
.P. for the county, was called to the chair, and was 
supported by Lord Willoughby D’Eresby, Mr. Heath- 
cote, M.P., General Johnson, M.P., and most of the influ- 
ential farmers and graziers in the neighbourhood. The 
several speakers repudiated in the strongest terms the 
intended innovation. A petition to the Legislature was 
adopted, showing that the petitioners had, by the altera- 
tion of the Corn-laws and the tariff in the last session of 
Parliament, incurred a Joss of 25 per cent. on their capital 
and annual receipts. That they considered the want of 
due protection against the introduction into this kingdom, 
through Canada, of corn grown in the United States of 
America likely to have a most prejudicial effect on the 
prices of agricultural produce, and most unnecessarily to 
depress them; and that the proposal to admit flour and 
wheat from the United States through Canada, at a 
nominal duty appeared to the petitioners a direct viola- 
tion of the promise implied in the declarations of Minis- 
of 
407,872. ‘‘ From this it appears that the increase during 
the ten years up to 1841 was 557,702 less than it had been 
in the ten years preceding. This extremely reduced rate 
of increase is avery remarkable and extraordinary fact. 
it is evident that, during the last ten years, there has been 
avery decided check to the progress of population in 
Ireland. The increase in England, during the ten years 
from 1831 to 1841, was 2,004,794, which was more than 
h upon the y lation of 1831. The increase 
in Ireland, during the same ten years, was 407,872, which 
was little more than one-twentieth of the population of 
1831. The increase in England has been in the ratio of 
nearly 3 to J, as compared with Ireland. This is the first 
time that Ireland has shown a less degree of increase than 
England.” —The long-expected action brought by a mili- 
tary officer in the garrison, against a young lady of this 
city, for breach of promise of marriage, under circum- 
stances which excited great attention some months since, 
has been settled by a compromise. The jury had been 
struck, and the lawyers were feed. But the officer has, 
it is said, accepted compensation in the shape of 550/. for 
the wounds inflicted upon his heart by the obdurate lady. 
Waterford. — A Repeal banquet was given to Mr. 
O’ Connell in this city, last week, the mayor in the chair. 
One city and one county member attended; but their 
] 
ters in the House of Commons, at the 
the present session, that no further alterations were con~ 
templated by them in the Corn-laws. That the altera- 
tions proposed were likely to add greatly to the distress 
under which the agriculturists suffer, without any coun- 
tervailing advantage to the manufacturing interests, inas- 
much as the commercial regulations of the United States 
are more stringent than ever in discouraging, by the im- 
position of higher duties, the importation of the manufac- 
tures of this country. On these grounds the petitioners 
prayed that no law or regulation under the authority 0 
Parliament might be passed to admit corn or flour from 
the continent of America at lower duties than those 
hitherto imposed. On the same day a meeting was held 
at Grantham, Mr. Turner, M.P., in the chair. A strong 
petition was adopted, which will be presented to the 
House of Commons by Mr. Turner, and to the Lords by 
the Duke of Rutland, 
Oakham.—On Wednesday morning, during a severe 
storm, Exton church, in this county, was struck by light- 
ning ; large stones were carried from the church a consi- 
derable distance ; and the roof laid completely open to the 
sky, the windows being mostly shattered to pieces. It 
will be long before the church can be ina state fit for 
divine service to be performed in it. 
Southampion.—On the morning of the 22d inst., as 
the Exeter mail was proceeding from Exeter to join 
the mail-train, at this place, it was upset, within two 
miles of Stony Cross, in consequence of the leaders 
taking fright at a cart which had upset, and ran up a 
steep bank, which caused the coach to fall over; and 
Cherry, the coachman, being undermost, was killed upon 
the spot. The guard and passengers escaped unhurt. 
Wigan.—A man called Robert Taylor, who has ob- 
tained some local notoriety as the claimant of the title of 
Lord Kennedy, and has been frequently before the magis- 
trates on various charges, was brought up last week on a 
charge of bigamy. After a long examination of no gene- 
ral interest, the charge was considered proved, and the 
prisoner was committed to take his trial at the next assizes, 
Railways.—The following are the returns of the prin- 
cipal railways for the past week :—London and Birming- 
ham, 14,988/. ; Great Western, 13,128/.; South Western, 
5,754/.; South Eastern, 2,1242.; Eastern Counties, 
2,248. ; North Midland, 3,824/.; York and North Mid- 
land, 1,4707.; Greenwich, 2,284/.; Croydon, 381/.; 
Brighton, 3,355/.; Blackwall, 919/7.; Hull and Selby, 
1,054/. ; Grand Junction, 7,010/.; Midland Counties, 
2,438/.—The Norwich papers state that the Yarmouth 
and Norwich Railway commenced on Thursday, when 
the workmen proceeded to Postwick, and took possession 
of the ground marked out, by throwing down part ofa 
hedge between the marshes and a field, the property of 
the Earl of Rosebery. It is said that the line was 
similarly commenced at Reedham, on land belonging to 
Mr. Cockerill.—A curiosity in railway engineering is now 
in progress in a meadow, at New Alresford, Dorsetshire, 
where Mr. Rondney, of the Scotch Fusiliers, is construct- 
ing a railway, at his own expense, in the form of a circle, 
measuring 400 yards. There is a tunnel 70 yards in 
length, and a locomotive engine and two carriages are 
building to traverse the line, which is to be used for local 
agricultural purposes, and is expected to be opened shortly. 
IRELAND., 
Dublin,—The Mercantile Advertiser contains the fol- 
lowing statement :—‘‘ The census, which was simulta- 
neously taken in every parish in Ireland, on a given day, 
in 1841, and which has occupied a considerable staff in 
its preparation for publication, will soon be printed and 
laid before Parliament. A variety of curious and inte- 
resting details will be supplied for the first time. The 
exact amount of the population, rated according to sex 
and age—the diseases which are most prevalent and fatal 
—the number of insane persons under restraint, with 
other statistical details, will, we understand, be given with 
@ surprising degree of accuracy, The following is a return 
*of the population :—Leinster, 963,747 wales, 1,009,984 
oe Munster, 1,186,190 males, 1,209,971 females ; 
Linrare4 Pog 28s males, 711,072 females; Ulster, 
, 1 , 4 155 60e 1,224,579 females. Total 4,019,667 
MANES» SLs females. Total population, 8,175,273. 
In 1821, the population was 6,801,827; in 1831, it was 
7,767,401 ; in 1841 it was 8,175,973. 31, 8 
ee 2175,273. Increase between 
J821 and 1831, 965,574 ; increase between 1831 and 1841, 
leagues declined, as did also Mr. W. Roche, the former 
representative for this city. The Roman Catholic Bishop 
of the diocese refused the invitation, and the only member 
of the clergy present, Dr. Kennedy, bishop of Killaloe, 
said that ‘he could not prevail on himself to countenance 
the Repeal movement, until Mr. O’Connell’s recent de- 
claration of being ready and willing to accept a Parliament 
in Ireland dependent upon England.’ Mr. O’Connell 
has since left for Kells, from whence he is to proceed to 
Carrickmacross, Monaghan, to attend repeal meetings. 
SCOTLAND. 
Edinburgh.—The Gazette of Tuesday announced that 
the Queen has appointed the Marquis of Bute her Ma- 
jesty’s High Commissioner to the General Assembly of the 
church of Scotland.—The Marquis of Breadalbane, having 
been applied to from various quarters to express his senti- 
ments on the present crisis of the Church, has sent to the 
ministers of the parishes with which his estates are con- 
nected, a copy of a letter which he had occasion lately 
to address to Mr, Alex. Dunlop, Advocate. His Lordship 
says that, having fully considered the present position of 
the Church, he cannot but express his great desire that 
nothing should now be done to precipitate measures, or 
throw any obstacle in the way of that disposition, which 
though not perhaps directly or publicly expressed, ap- 
pears to be entertained by Her Majesty’s Government to 
reconsider the question, with a view to legislative adjust- 
ment. ‘I cannot,’’ be says, ‘‘ allow myself to give up 
all hope that a consummation so devoutly to be wished 
for may still be carried into effect, and that the Bsta- 
blished Church of Scotland may be spared to the country 
in its full integrity and purity. What appears most im- 
portant at present is, to restrain the too ardent zeal and 
conscientious scruples of those who would precipitate the 
secession from the Church. There should be no leaving the 
establishment by any one minister. If there be a seces- 
sion let it be in a body ; but let us take care that the true 
time is really come. Let us rather tarry too long, and 
even incur the imputation of want of firmness (for what 
need honest men care for such imputations?) than that 
of having unnecessarily created rents and divisions, and a 
secession that must end in the downfall of the establish- 
ment. It is my firm conviction that we have allowed 
ourselves to be pressed on too fast, and goaded on too far, 
by the taunts of our opponents, and that there is now a 
danger of our leaving the field before the battle has been 
fully and fairly fought, and when the chances of victory 
are still on our side. For myself, I shall be one of the 
last to leave the field. I shall protest and contend to the 
end, and J do so because I shall be most likely in this way 
firmly to establish my principles. I care not for the taunts 
of my opponents. Firm in my own honest conviction, i 
swerve not to the right nor to the left, nor move one 
step faster than the true Presbyterian cause, guided by 
the principles of sound sense and consistency, tells me I 
should go. If, after such a trial, we must go out, [ shall 
be prepared to lend my humble endeavours and assist- 
ance to vindicate the truth of my principles, and to take 
my part in any measures that may be thought necessary 
to promote the success of the dis-Established Church. I 
have already signed a declaration to the effect, that in the 
event of the Legislature not granting to the Church its 
just privileges, I have resolyed to leave it; but I can do 
no further act with a view to secession till the Govern- 
ment and the Legislature have formally decided and re- 
jected all means of adjustment. Ithink I shall best serve 
the cause of the Presbyterian Church, and best promote 
the true interests of the State, by using my humble en- 
deavours to remove the obstacles that still appear to ob- 
struct the course of legislation on this important ques- 
tion.”—The local papers state that the late letters of the 
Duke of Sutherland to the people of Sutherlandsbire 
have made a strong impression in that county, and it is 
understood that comparatively few of the people will go 
out with their ministers, if the latter quit the establish- 
ment. The extensive sheep-farmers and tenants are de- 
scribed as being almost to a man in favour of the esta- 
blishment, and had declared so long before the Duke’s 
sentiments were known. ‘ 
Inverness.—Workmen are at present engaged in re- 
pairing the breach in the Caledonian canal. About 120 
men are employed, but months yet must elapse ere the 
passage be free for vessels. The communication, how- 
ever, is kept up once a week by the Glasgow steamers ; 
and by the Ist of May there will be vessels twice a week, 
performing the voyage between Glasgow and Inverness in 
two days. There are seven miles of interruption in the 
passage, buta boat is stationed at each end, and coaches 
will be ready to carry passengers from one to the other 5 
so that no delay will take place in consequence of the 
accident. 
Lah, 
Court or Cuancery.—Mr. Serjeant Wrangham having ob- 
tained a patent of precedence, was called to take his seat within 
the bar. Sit Gregory Lewin, Mr. Talbot, Mr. Martin, Mr. Roe- 
buck, and Mr. Watson, were also called within the bar as of her 
Majesty's counsel. 
Parker ¥. Marchant.—This was a bill for the administration of 
the estate of the late Mr, Parker, a banker and solicitor of Maid- 
stone, and two questions were raised on the construction of his 
bank, and that the legacy survived to the seryant, The ques- 
tions were argued on appeal before the holidays. The Lord Chan» 
cellor now gave judgment, and observed that the testator in his 
will had made a very marked di om of his property into three 
i 
parts; namely, his money and securities for money, his real es- 
tates, and his plate, carriages, and jewels; and after disposi 
these, and giving several legacies to the extent of many hundred 
pounds to different objects of his bounty, he directed all the rest 
of his ready money to be applied ina particular manner. Now it 
was most important in deciding on the intentions of the testator, 
so as to put a proper consiruction on his will, to mark this divi- 
sion, and the language used in disposing of the residue, because 
the money actually in the house amounted to a very small sum, 
and the testator, by using the terms the ‘‘rest of my ready mo- 
ney,” evidently had in contemplation some other and largerfand 
out of which debts were to be paid and legacies discharged. 
Looking, therefore, at the language of the will, his Lordship had 
no doubt that the testator intended everything in the shape of 
money to pass by this disposition in his will, and the question 
then was, what, according to the ordinary habits and dealings of 
mankind, was to be considered as ready money, ow every- 
bady, when they had occasion to doso, spoke of money at their 
banker’s as ready money. It wasa customary form of expres- 
sion to denote cash ata banker’s. Men usually said, I have no 
money in the house, but I have money at my banker’s. They 
placed their money there for security, but they placed it there 
also to be ready when they wanted it. The banker received it 
with the understanding that it was to be ready at all times when 
the owner demanded it; and in the ordinary acceptation of the 
term, and according to the general understanding of mankind, 
it was always so regarded. Jf, therefore, there was a clear in- 
tention on the vartof the testator to pass the money at hisban- 
ker’s, the terms he made use of were, according to his Lordship’s 
opinion, quite sufficient for that object. The authorities on the 
subject had been so much sifted in the course of the argument, 
that it was quite unnecessary to advert to them at any length, 
n Carr v. Carr, the question was whether a balance at the ban- 
ker’s of the testator would passas adebt? Si . Grant decided, 
and justly decided, that it did pass under that name. In Deveynes 
v, Noble, five years afterwards, end after consideration, he ex- 
pressed an opinion to the same effect. In Sims v. Noble, the 
Court of King’s Bench, acting on this decision of Sir W. Grant, 
ruled that a balance ata banker’s was nota loan, but a debt, It 
appeared, however, that Sir W. Grant, in the course of the dis- 
cussion in the case of Carr v. Carr, intimated an opinion that a 
balance at a banker’s would not pass asready money. Now 
suming that the report of the case was a correct one—arid his 
Lordship, in justice to the learned gentlemen now at the bar, saw 
no reason to question its accuracy—still there was nothing to 
show that if Sir W. Grant bad been of opinion that it was the 
intention ofthe testator to pass his balance at his banker’s under 
that name, he would not have given effect to such an intention, 
But the case of Vesey v. Reynolds, decided by Sir John Leach, 
was one expressly in point. In that case the testator gave all his 
book debts, money in hand, and stockin trade to his widow, and 
all his securities for money to his executrix. Sir John Leach 
held that the balance at the testator’s banker’s was money in 
hand; because in all just and reasonable sense, money at a ban- 
ker’s, which might be had when called for, or when a servant 
was Sent to fetch it, must be so considered; and, surely, no one 
could say, that there was any real difference between money in 
hand and ready money. The present Master of the Rolls had 
also, in a case before him, decided that money at a banker’s was, 
in the ordi acceptance of the term, ready money, and so 
considered in all the dealings and transactions of mankind. It 
had been suggested by Sir Charles Wetherell, in his very able ar- 
gument on the subject, that many difficulties and embarrass- 
ments must arise from allowing money at a banker’s to be legally 
considered as ready money. His Lordship admitted that those 
suggestions of difficulties and abuses would well deserve consi- 
deration if there were any circumstances in the case which called 
‘bem into action, or any doubt of the intentions of the testator. 
Bae such circumstances existed, nor was there reason for any 
joubt. 
arge it might be, it was larger than 
Being, therefore, of opinion that the intention of the tes 
tator was clear, his Lordship had no difficulty in affirming the 
decree of the Vice-Chancellor. With respect to the other point, 
it appeared that the testator gave legacies to three servants 
name, and to the others generally under the description of his 
servants. No condition was, however, annexed to the gift, and, 
in his Lordship’s opinion, they stood in the same situation as if 
they had been named in the will. that point, also, the judg~ 
ment of the Vice-Chancellor must, therefore, be affirmed. 
Vick-CHANcELLoR’s Court. efore Sir J. Wigram).—Salter 
Farey.—Vhe testatrix, Mrs. Mann, by her will, expressed 
desire to be buried in the nearest parish church to the place of 
her death; and she gave a pearl necklace to be sold, and the 
proceeds distributed amongst the poor of the parish in which her 
remains were deposited. her death she desired to be 
buried in the parish of Walcot, near Bath. The parish church of 
Bathwick was the nearest to the place of her death. She was 
buried at Walcot. The question was, whether the proceeds of 
the necklace, amounting to 250/., should be distributed in Walcot 
or Bathwick, is Honour held that the proceeds of the neck- 
lace were given to the poor of the nearest parish, which waS 
Bathwick, 
is was another legatees’ suit, under the 
. Wood, of Gloucester; 6,0007, had been 
Woo ood. —' 
will of-the late M 
bequeathed to the “ family ” of a Mr. Samuel Wood. The only 
point in dispute was as to the form of the inquiry to be taken 1D 
reference to the term ‘ family.” onour said he should 
ne 
and that it could not be extended to collaterals, as brothers and 
sisters, unless some special circumstances were shown to justify 
such an interpretation. 
ssize InreLticunce. — (Gloucester.) — Montagu Clarks 
stated to be 19 years of age, was charged with having ma- 
liciously shot at and wounded the Rev. Hugh Percy Rennett, 
with intent to murder him, at Evington, on the 11th February: 
there were several other counts, varying the charge. ‘The case 
was fully reported in this Paper at the time the only new 
features elicited at the trial were contained in the evidence of the 
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