1843.] 
THE GARDENERS’ 
CHRONICLE. 
239 
done can be repaired, and the navigation again opened 
from sea to sea. This accident, the papers observe, is 
trifling compared to what it might have been. Had 
Loch Lochy, instead of being very low, as it was when 
the culvert gave way, been in the flooded state at which 
it stood during the winter, the Gairlochy lock, on the 
drying of the reach, would, in all probability, ee yielded 
0 the pressure from above, and the whole surface of 
Loch Lochy, from twenty to thirty feet in depth, would 
have forced its way to the sea. It is difficult to estimate 
what might have been the effects of such an inundation. 
a 
Courr or ‘CuANncERy.—Drever v. Mawdesley.—In this cause 
the eee ble Thomas Erskine had been ap, Le receiver of 
the tithes for the benefit of the creditors, and had acted as such 
for some years under the authority of the Court. Having ne- 
Slected, however, to pass the accounts eee the time prescribed, 
© was specially ordered to do so, an large balance of 3,900/. 
appearing a abe due by the report of the wees Mr Erskine was 
directed to pay that sum Hosting ith, This sum, with other mo- 
ad Een deposited’ in the bank o 
Proposed to pay, but the View: Chancellor ‘held that he was an- 
Swerable for the whole mounts and made an order Ae 
ethel and Mr. Lloyd, in support 
Sustain the Vice-Chancellor’s order, and 
Sponsible for the unfortunate failure of the bank in which the 
Nadie Wag placed for security. Mr. Coe and a Mr. Rennel, in 
te Michaelmas, and the balance paid in, there would have been no 
Oss, because the bankers did not fail till June, 1841, Mr. Erskine 
their deposits, and it was dearatie torenee why Mr. Erskine 
ted in keeping so large a sum in the bankers’ hands, in- 
‘ad of passing the accounts at the stated periods. ‘The Lord 
Chancellor, having consulted the registrar, observed, that it was 
anne the oe practice for receivers ae te accounts until 
ed on t 
hol 
so, there ass e fui ther inquiry. His Lord- 
O present a penitent with affidavits 
qe codicil was'a 
erent periods, by. hits er and prior instruments, and they appealed 
Lord Chancellor gave judgment, 
Against the decree. The L 
ci 
ge! 
a 
for assuming that the testater in 
ive Sulcees Sipe m he called 
Sions, a 
therefore ciamiuse 
NelanuyBoulinger East India Combine: —Mr. Bethel 
oung moved for the production of documents in the 
Possession of the East India Company, relating to one Claude 
» Teas Bonnet, a native of France, s ave been a stip 
ease in Bengal, where he accumulated, it was supposed, 
file, ormous fortune, and died intestate about 1793. The bill Was 
ee jaintiff, Pierre Henri Boulanger, as his adminis. 
again jn this country, through one of his next of kin in France, 
Rent nst the Company, who were supposed to have taken pos- 
i 10n of the intestate! 's property, in the a icence of any kindred 
pan Ndia, Mr, Wigram ani r, Lloyd appeared for the Com- 
Aone and said the tale ect expressly got up for the 1st of 
. acai counsel said id that for some years past the 
ce of any such person, and, of ct e, they denied that 
ies i possession of his supposed "iortanes Indeed, the repre- 
ouirat ich were made about him by those anxious in 
ee ‘ve extravagant, that the Company were led to 
ha - ie wus story. They were tlds for instance, that he 
Million: King of Madagascar, that h 
bank in, tie greater part of which 
had = Bengal, that he was seen in London in 1816, and that he 
of Ca fOrest of a hundred and fifty miles in length on the coast 
dSisionnees 5 
latter had agreed to advance 2,000/. towards building a new 
church, for which the eres and the rest of the perenne 
subscribed liberally. Atfirst the plaintiff wanted the new church 
tobe built on the site of the old aee pat when it was stated 
to him that ua commissioners co! advance money 
such a purpose, he proposed that the a matey should be built 
on a piece of a which he offered to give on his own 
and he declared his readiness to pay for a chancel for his own 
especial use, as an ornamental addition to the church. For some 
resided in ae Rc 
borough, offered a site at another part of the parish, w iS 
eed accepted. The plaintiff then retracted his eee 5 NT 
the chancel, and insisted he had a right have the same pri- 
vileges sgcured to him in the new church which he possessed in 
the old; and it was contended that the new church would 
become substantially the parish church, and that the old church 
would be let fall into decay, to the great Seri eT eon ene planed: 
to whom his rights in his ancient parish church were an object 
of great attachment. Mr. Twiss and Mr. Wray, on the part of 
commissioners, contended that the ae argument on 
behalf of Mr. Evors turned upon a mistal ct, aN assump- 
tion of an intention by the commissioners ty rebuild the parish 
ahs fan as he affair of the parish, and not of the com- 
missioners. The mo) placed in their control was intended for 
bollaing Edel chore shes in parishes where the population 
‘ad grown much too large for the chines accommodation. The 
commissioners hatl only lent their assistance in 
district church. Over t 
they had assumed none, nor did they ee to build a church 
which should be a new parish church, or Puen for the 
old parish church. The learned counsel ane mmented on the 
Honour OReCRNeC that besides the four Acts of perneeet which 
had been commented on at such length, there were five others 
on the same aanieee which had not EES melts He would, there- 
fore, take time to panes his judgi 
ess of ioupord v. Lord Lowther.—Mr. 
ripp, on behalf of Sarat Louisa Princess of St. Antonio, stated, 
that the late Moe of Hertford, by his will and codi¢ils, had 
bequeathed to her legacies amounting to 40,0002. ; s He was now 
asked that this sum, together with 122/. 14s. 8d. for interest, 
might be paid to her. Mr. Follett, on behalf of the pare of 
the late Marquess, said that the present petitioner was domiciled 
at Naples, and he was not aware that there was any authority to 
ee the money. ares Langdale directed that the money 
rried over to the Aaaatedes acces of the petitioner, 
with liberty for all partis to apply e Court, He, however, 
refu: aos to give any costs of the eect 
oF car —MIDLAND ‘crrevrr. —(Warwick.)— 
The: War wickshire Chartists.—Geor, e surrendered to an- 
swer a indictment for sedition and a riotous ten unlawful as. 
had been found 
og 
@ 
magistrates, and thei 
into the Court of Queen’s ae On the 29th October a sum- 
mons had been taken out before a Judge at 
defendant was’admitted to bail by Mr. Justice Cresswell, on the 
10th November, when recognisances were entered into by him- 
self in 200/., and four sureties in 50/. each, that he would appear 
and plead to the indictment, and appear on the return of the 
postea in he should be convicted. Mr. Serjeant Adams 
Stated the case on behalf of the Crown at some length. Hespoke 
of the fears that extensively prevailed in the town and neigh- 
bourhood, of the mecting of the magistrates on the 20th, and of 
their notices by placards and advertisements in the public papers 
of the forbiddance of such meetings. He alluded to the state of 
things which rendered it pecessar for the magistrates to apply 
for, and the Government to supply, a reinforcement of military. 
In addition to eed) Bh SE deisingeaeciscn in the barracks at 
of Infantry and Horse pailey had been 
procured. The Warwickshire, W 
regiments of cavalry had been also on duty in 8 neighbour- 
town, ani of the iron and coal districts. The pen- 
sioners, too, had been em drilled, and great numbers 
of the respectable ppbebiiants: sworn in as special constables. 
d_upon the extremely mischievous 
tendency, especially in times of popular excitement, of such ae 
ceedings ‘and conduct as the defendant stood accused of. 
gentlemen of abe suey He and would pronounce whether the 
charges, or a them, laid in the indictment were 
made out to thelr caure’ sntisfacti ion, Witnesses were then ex- 
aiid in support of the ae a ante a on Saturday night, 
the proceedings were adjourned to Mo: he defendant then 
addressed the aay in his defence ; his Beet occupied one hour, 
—but the principal points he made may be briefly stated. The 
chief difficulty he Seen) he laboured under was, not his want 
of legal knowledge, but his inexperience in addressing an audi- 
tory of the epceptcn of that before him, persons moving in a 
different sphere from that to which fe himself was accustomed, 
Dee adicesy against Chartism, 
with which he should find it difficult to combat; but he was 
supported by we belief that the indictment. fee which he had 
been arraigned, and which had been removed nat that Court by 
i i Yon neds the 
Government had thought fit to adduce in its sup; mek t. He com- 
When before 
He had mn take 
carceral ted Ble ver Weeks in a gaol, mix: ae a with felons and 
characters of the very worst description, and all the 
ready with the good and sufficient bail which in the firstinstance 
had been required of him. j 
ee company in France 
mint of 1,000, 500, an 250, francs, for arise purpose of re. 
to be w & this pr operty, which was represented to the subscribers 
Rast ae 270 millions ue franc . Of this fortunate youth the 
Honour} Company ¢ find trace in their books. His 
Sibly i. having observed thatthe new aerial machine mi = 
®eeordin use in discovering him, made an order for production, 
Selioy ;n& to the term: der made by the Lord Chan 
Questiee alate case of Smith v. East India Company, when the 
Protec te Was much discussed, to what extent the Company was 
Jai ature ‘ from production of such documents as were of a public 
Wer os Commissioners for Building Churches.—Sir Charles 
01 il moved for an injunction to restrain the defendants 
8omeryat ding” a church in the parish of Newtown, in Mont- 
Sittin ings, hire, without providing for the plaintiff such S, 
Paints th and © ees as ie had in the old parish church. ‘The 
ey, orge A: 
a 
feat S ey rc) SoMa no le! 
0) 
nd monuments of great antiquity, and particularly 
in which the remains of his ancestors had d been de- 
ce owners, ae the Hall 
e 
ir its repair, 
Church bee from church-rates. Of late years this old parish 
© Darish iio. fallen out of Tepair, and upon application by some ot 
ners to the commissioners for building churches, the 
th 
iy 
rey, Birmingham had 
thetr utmost to bring that perce home tohin 
the contrary, he could, if need was, call many pie Ac speak 
to the reverse. rete was no evidence to support the nt for 
yiot—that, in fact, had been abandoned, and he would show that 
the other counts laa arisen ue destitute of proof. 
an 
wished to m 
with the condition of the 
cir wretchedn: 
society on that score, and 
Chartist? No. He challenged his persecutors to show anything 
against his character. He had always done his duty as-an 
honest man, and acted decorously and well. He had injured no 
man, his name or property; nor had he ever been the base indi- 
<aut 0. why should he be 
singled out as an object for persecution? If the petty jurymen 
Ys 
S) otébe nae sient of. the Borolies held eatin 
To cl were Chartist opintanas He di 
But was it to be said, the intention of bimself ne 
Sues holding these opinions was to rob 
hey knew the workin ii 
were an industrious and contented se’ 
work to do, and rating: to work, they were—Oh ! how willing; bi 
happy when whe had empty Rdcactae 
It was not their wish e injure any one; but they thought, and 
he (the defendant) imagined they thought right) ly, that ee la- 
bour of the poor was as much entitled to protection as the pro- 
et political opponents, because he 
while in shee of the Birmingham police, he averred the force 
was composed of the greatest blackguards, thieves, and ruffians 
that had ever disgraced humanity. In conclusion, he stated no 
case had been made out against him, and he therefore left his 
case with confidence 2 the hands of the jury. Mr. Baron 
id there were five counts in fhe 
riot was not made out, and the * other eonnte related to Roldine 
seditious language, aud to convening w 
order to make out that caetentant had been guilty of using 
seditious language, the jury must be satisfied the words imputed 
to him were said, and said in the sense in which the indictment 
charged. With regard to ptt assemblies, his Lordship told 
them what the law wa: large bodies of men met. pia 
ther for some private purpose, ae was conducted in a way to 
excite alarm and terror in the minds of eee of sect 
firmness of character—not mere timid wi —that was an 
unlawful assembly. His Lordship then Rebs are ‘ough a evi- 
dence, pointing out what he considered to be the points therein 
favourable, or otherwise, to the defendant, and after a most 
elaborate and impartial summing up, the jury retired to consider 
their verdict, and peel ae returned with one of Guilty on the 
rst, second, an ird counts— r using seditiote Jan- 
guage. A sec pr Satta against the same defendant, and 
fora similar offence, committed on the 25th of ee which had 
begun materi <i former jury retired, was now given up, it being 
stated by the counsel for the Crown that the etic ahtained 
was Sufficient to viqdteste tue law, the,chief object it had in view. 
Mr. Baron Alderson was about to pronounce sentence, but upon 
the application of the defendant (the Crown not pressing ae 
judgment at the ins' ant icaae postponed, and the Areca 
will have to be brought up to the Court of Queen’s Bench t 
receive ‘the same in the ensuing term. 
5 
oe 
f 
s 
ate 
3 
of 
Q8 
ty 
i) 
SPORTING, 
TATTERSALL’S, Tuurspay.—DERBY. — 14 to2 agst Mr. 
Blakelock’s A British Yeoman (taken); 16 to 1 agst Colonel 
Peel’s Murat (taken) ; 16 to 1 agst Mr. Goodman’s Maccabe' 
Taylor’s Gamecock (taken) ; a0 to 1 agst Lord G. Bentinck’s Ga- 
per (taken); 30to1 agst Sir G. Heathcote’s 1 
agst Lord Westminster’s tangiish Ber 45 to 1 agst Duk 
mond’s Cornopean ; 1000 to 21 t Lord Orford’s Nerey colt 
(taken); 50 to 1 agst Lord Chesterfield’s Parthian ; 50 to I agst 
Mr. Theobald’s Highlander; 1000 to 10 agst Colonel Peel’s St. 
Valenti (taken.) 
Oaxs.—5 to 1 agst Lord Westminster’s Maria Day (taken), 
MARK LANE, Fripay, ie Wheat Market was 
quiet to- aa , and the sales of ee Bone been very limited. Of 
Eoglis! was scarcely any at Market, but prices may be 
Seale fully equal to Monday. Barley, sells slowly at the 
same rates. Peas and Beans remain without alteration. The 
supply of Oats is small, and our currency was dete supported, 
pee MESH Quay B 
Wheat, F Bene, and. Sufol Byite 40 wo 4a Red 40 1046 
=a Norfolk, Lincoln shiregamd 10 46 White ee 
Barley 
ats, 
colnshire and Yorkanive 
N rebum benea saa Scotch 
Irish 
“910 18 pane l4 to oa 
=e 
Ry temo 
Beans, Nazagan, ola ‘and new + 20 to 26 27 tae £8 to 80 
Vick 
———’ Pigeon, Helig land « oS riaulagandae eee 0d — to 
Peas, White . . + + 26t0 30 Maple 25 to 27 aur 24 to 86 
"WEEKLY INTRRIAL AVERAGE 
wh Padaten es Oats. | Rye. | Beans. 
Peas.. 
Gweeks’ Aggregate Aver. 
Duties . ot 
ARRIVALS IN THE Bee ec 
WEE]! 
Flour. Wht. Malt.) Oats. jiye | Bns. | Peas 
ier » 4167 ay — Bris. | 2479 heey 25068 oath 510 | 833 289 
Rovelgitt, a5 trecte ty nessa gable Ayaeeegt rel SCD poe = | ato 
ARRIVALS THIS WEEK. 
Wheat Beis, Oats = Flour 
English + 760 180 2910 
10690 
atch - 
Poreian 
ARE ory oS 
GAZET" E OF THE WEEK, 
BANKRUPTS.—H. ate Fleet-atreet, bookeellér—W. Burton, Cambridge, 
wood, Hamps! shire, draper—J. R. Hitcheock, New 
J 
Nye, Bridge-house-place, Borough, surgicals 
, Sheifield, table-knife. wfacturer—H. Morris, 
Stourbridge, Wore ‘e, grocer—E. Wheeler cham, eA 
cestersh {Wheeles, Birminghan 
. Eardley, Newca: ie, Staffordshire, atm 
Higham, Réarsley. Tastashise, aller—J. ‘Travel Shetield, tailor. 
Brook, Longwood, Be oe ire, woollen aloha ete 
wine-merchant—J. E: Liverpool, coal 
Camden-town, build Vines, Poole, gro 
ity 
y 
De Fiedmusd and J. Gollo 
nine, Stowmarket, Susfulie, 
+ George, Bread- 
ro) 
hop-merchant—C, W ier, sera Ray Hen ibpeat eet, merchant. 
street, City. mai oo Vhitel ivespul 
H. Fuller, Bizton, 1 hire seaward oui Fie aera arc 
stelenky n aahires oa a 
pit ete ere Wiat kerb Dic in, Longdon, pares draper—J- 
y PRAT. “D. Smith, Edinburgh, merchant—Jobn 
eee James. B RATIONS jws, Aeshers—J. D. Rattrey, Dundee, 
Ze 
= in Connaught-place, the Viscountess Bernard 
AT oie Seaman te cent Jones, 
nig 
of er—On the 6t 2 
a ne ee Hansard, aE antgitar Oude 5th inkt., at 13, wie 
St. James's, the In ey. B. Bankes, of a di 
Hamethe lady of General Montholon oe tide Lee, late of Petersham Lodge. 
a son—On thi inst. : Py > 
church of St. Alphage, Green- 
wich, Capt. H. of E. H. mages Bors 
CGommissloner of Gre 
ot 
e, Esq, of Mornington C 5 
er phshi sidsac dauphver sé W. Seana Hig, of Beutoderueats’ Berkeley. 
square. 
t Genoa, pa the 5th ult., Lady Erskine, wife of the Right Hon. 
Lord king, her Ma; s Enyoy etracdinatgeagl 4d Minister Plenipoten- 
siary at the Cow I inst.» at nis residence in Horteen, 
Cee 
ora aaeenty of 
Sussex, Si William Achburnhawy, Bare ite tke fieh, year of his age—On. 
Sth inst, at her residence, 149, Albany-- attest, Regent’s Park, Mrs, Honey, the 
popular vocalist, in the 96th year of her 
