254 
THE GARDENERS’ 
CHRONICLE. 
{Aprin 15, 
utterance to the complaint, which others will, that ours 
Will be a collége minus students.” 
Isle of Skye.—The Isle of Skye has within the last 40 
years furnished for the Bee services—21 dieutenant= 
generals and 1s; 60 
This part of Lord Cottenham’s order must, therefore, be omitted, 
and the Master must inquire on what conditions boarders ought 
to be réteived, His Lordship said, it had been argued that the 
education at this sthool ought to ehtirely of a commercial 
nature 5 , but it would be lamentable indeed to arrive at sucha 
uu iendeaey of aoa literature was to soitén 
oS d 
majors, captains, lietitenants, sine subdlterns ; a 000 foot 
solitists 3 120 pipers i goversiors of British colonies 4 Rel 
Hf g 3 1 Chief Baron of 
toa, $ and 4 judge of the Supreme. Court of Scotland. 
The generals may be classed thus:—8 Macdonalds, 6 
Macleods, 2 Macallisters, 2 M’Cashills, 1] M’Kinnon, 1 
M’Queen, and 1 Elder. The Isle of Skye is 60 miles 
long, and 20 broad. ; 
MMPliscellancous. 
The Blessings of Peace.—During Sir Robert Peel’s 
fetént speech on the distress of the tountry, he alluded in 
remarkable language, to the exertions of Marshal Soult 
and the Duke of Wellington in order to counteract the 
efforts of the Paris papers to bring about a rupture 
between the two countries. After describing this feeling 
of hostility to England, he said :—‘‘ But, sir; at the same 
tithe that that feeling has certainly existed, it is a remark- 
Able spectatle for the civilised world that the two men 
Who hold the most conap offices 
in the governments of Tee respective countries—are the 
two men the most distinguished in each for their military 
genius and fame. Those men have learned the art, and 
they have learned also the miseries of war in the fields of 
Toulouse and of Waterloo. They have stood opposed to 
each other in the plain of battle— 
etimus tela aspera, contra 
ontulimusque manus: 
And those ate the best judges of the sacrifices which 
wat iipose§ upon nations, tite now exerting all their 
iffluence in the two cotintties to inclileate lessons of 
peace. It is a glorious occupation for their declining 
years. The life of each has been protracted beyond the 
ordinary term of human existence, and may God grant 
that the life of each may be long preserved, that they 
may each in their own land exhort their countrymen to 
lay aside all national animosities, and enter into a more 
glorious and honourable competition for increasing the 
amount of human happiness. And, sir, when I compare 
tlie conduct and example of these men; who have seen 
the moriiing sun arise upon livitig masses of fiery wattiors, 
#0 tnany of whom were to be laid low in the gravé before 
that sun should set-—when I see them teaching lessons of 
peace, and using their salutary influence to discourage 
their countrymen from war—when I contrast their object 
with that of the and i writers in 
the public journals, who are doing all they can to exaspe- 
rate the differences that have prevailed, who misrepresent 
every action of two governments desirous of cultivating 
ace, who represent in France that the minister of 
raticé is the tool of England, and in England that the 
ministers of England are sacrificing the honour of England 
in fear of France—I do trust that the example of these 
two illustrious warriors will neutralize efforts such as 
encouraging national animosity or promoting personal or 
party views.’ 
Insanity.—It appears that within the last twenty years 
the above dreadful malady has more than tripled. The total 
number of lunatics and idiots in England is as follows: 
Lunatics, 6,806; idiots, 5,741; together, 12,547. But 
ene for defective returns, the number may be taken at 
14,000 ; an average of one to every thousand of the popu- 
lation. In Wales—lunatics, 133; idiots, 765 : total, 896; 
and adding for parishes that have made no returns, they 
may be set down at 1,000; a proportion of one to eight 
hundred. Scotland has 3,652 insane persons, or one to 
about seven hundred. In Ireland the number of lunatics 
and idiots exceeds 8,000. In one thousand male patients 
insanity has been supposed, by an eminent authority, to be 
traceable to the following causes relatively:—Drunkenness, | 
110 ; consequences of disease, 100 ; epilepsy, 78; ambition, 
73; excessive labour, 73 ; born idiots, Play misfortunes, 69; 
old age, 69; chagrin, 54 ; love, 47; accidents, 393; religious 
enthusiasm, 29; political events, 26; poisonous effluvia, 17; 
ill-usage, 12; 3 crimes, remorse, ‘and despair, 9; pretended 
insanity, 5; malconformation of the skull, 4; other and 
unknown causes, 115. 
Daw. 
Courr or Cuancery.—Attorney-General v. The Earl of Stam- 
ford,—The Lord Chancellor bebyered, judgment in this case, 
which, he said, was one of great interest, as relating to the sub- 
ject of education and the wena’ of the Manchester School, 
aehich had afforded the means of training up many eminent men. 
His Lordship first disposed of the objection to the, jurisdiction of 
the Court, that an order having been obtained under Sir 8. 
Romilly’s Act, the eibesl lay only to the House of Lords. The 
Court would always interpose where an abuse existed, and 
here the Attorney-General had taken no part, and he must have 
an opportunity to attend the Spe f and so far Lord Ci ‘ottenham’ 3 
agreed with Lord Cottenham, that the trustees must be chosen 
irom Manchester alone ; the original statutes enjoining that they 
Should be * 12 honest gentlemen nn and persons within the parish 
.d the power he es 
expressly conferred upon them by the founder of the school, 
and Haniatize the ne iis men; and Cae ih like that 
under ‘0,the htimbler ¢lasses, 
by the exerbise of ‘diligence ce, activity, ant “duteligence} to for¢e 
their Way to the highest station’ in life j atid thas to bind toge- 
ther, by the closest thea all the vatious ranks and orders hut seat 
Welsh v. Gludstone.—This was a petition of appeal on a ques- 
tion of ccnetiuccers to be put on the will of sate ‘Blundell; 
of Ince plondells which has before been noticed in this 
Paper. By codicil to the path. the petitioner, Hall, who 
was Mr. Blundell's butler, took an annuity of 200/. a-year; 
but at the death of the testator” he was in possession of 
paper, which he had received some time before, 
with diections to present it to Mr. Blundell’s bankers after the 
f Mr. Blundell, This ‘paper contained checks for 5002, in 
(avout "OF Hall, and for 300/.in favour of the housekeeper. Sir 
Herbert Jenner, in the Ecclesiastical Court, dil these 
checks to probate as testamentary papers ; but t Vice-Chan- 
cellor, in thé suit for the administration of the eens declared 
that the executors were fiot bound to pay them, as he considered 
them to be revoked by a clause of revocation in the will, and 
also on a sound en ana of thé will itself. Hall then pre- 
sented a petition of appeal. r. Roupel and Mr. Rolf, in sup- 
port of this petition, Ere that the Court of Chancery had no 
jurisdiction to take the course it had taken with Bac to these 
two papers; The act of the Vice-Chancellor 
declaration that aes dustiuipent oer the Eeclesiaaticat Court 
had propean cel fa ‘ood testa ‘ary paper was in realty, 
hot 80, for the desiton of his Honott pout not revoke the g' 
without MaRGLNE the paper. There was no pretence for aa Se 
that there had been a substitution, hor did the court say so: it 
merely Gene that the gift was revoked; 0 or, ii other words, 
that the instrument giving it could not be held valid, Sineuel 
Sir Herbert Jenner, the competent authority in a court having 
exclusive jurisdiction in such matters, had declared the paper 
to be entitled to probate. It had been said there was a revo- 
cation, but, in point of fact, that was not so. The clause of 
revocation said that, “subject as aforesaid, and except as is 
hereinafter mentioned, ” the testator Lag all his personal pro- 
Botley he checks in question 
by the tt v3 
and although tte @ part of the will not codicils, they came 
cleatly under the hcad of exceptions made by the byblsa in the 
revocation clause, They submitted; sae that as the Eccle- 
id would, i applied 
to, order payment of the checks, 
power to refus eclaaticn that the instraments were 
void. Mr, Stuart ie Mr. Fleming supported the ordér of the 
court below, and cited a number of authorities to show that the 
court, in scoustrning: a will, had the power to say whether, in its 
opinion, a gift was not reyoked or satisfied by substitution. Mr. 
Roupel, in reply rannnded his Lordship that the papers in ques- 
tion were clearly admitted to be testamentary, or else there 
could hot have been an argument. The question was, could a 
court of ron ed they) had been wrongly admitted as such, for 
it ould not s id. been satisfied. The Lord Chancellor 
said | he “thought the Woestion had ea a shape of some delicacy 
jem ca eat, 
SHBRIFYS’ Gotenee in, Dua Frauds.—The Queen v. 
Vidil and ;Hurel.—. see having been issued to the 
Sheriff of “Middlesex, to inquire whether and what amount of 
goods imported from Haale 
parts was due to her Majesty by Edward Vidil and Charl 
Hurel, the inquisition was held on Tuesday before Mr, Wilde 
and Mr, Burchell, who were appointed Som misiOn eres It ap- 
peared from the statements of counsel, that the goods imported 
by the defeniiants were gloves, the duty ean which was very 
high, and it was, therefore, the bounden duty of Government to 
protect them, Those duties were of three classes—4s. a-dozen 
upon small-sized or ladies’ gloves, 5s. a-dozen for men’s gloves, 
and 64, a-dozen upon ladies’ long gloves. The duty upon these 
atccies being so very high, it was, of course, of considerable ad- 
vantage to the public that it should be protected against such 
frauds. Mr. Vidil wasa glove-manufacturer residing at Grenoble, 
and Mr. Hurel, the other defendant, who resided in the qe 
ewry in this city, was his partner. They had been for 
considerable time in the habit of importing large avanti 
of gloyes from Grenoble, and the inquisition 
the purpose of ascertaining the duty due and payable iiea 
their importation. Mr. Bullock, a gentleman in the office 
of the Solicitor of Customs, deposed, that of three cases of 
goods brought by the Horleagins in 1840, one which held 
oa dozen pairs of gloves, and should have paid 176/. duty, 
only paid 41/. 7s. 6d., the amount of ca on pl a pairs, thus 
causing a loss to the Crown of 1341, 128. 6d. ; another which 
held 924 dozen pairs, and which, paths to ae paid 2317. duty, 
in reality only pelg 701. 12s. 5d,, by which the Crown lost up- 
wards of 1607. Again, that u upon eral cases of goods, which 
were received by the Belfast and William Rate vessels, the 
duty payable was 495/., the duty paid 1302. 7s. thus cheating 
the Crown out of 364/. 13s. 10d. On the ‘hen v4 Jaouary, 184 
the defendants cleared from the Belfast goods on which the duty 
4 
long inqui consider- 
able toute He explained the nature of this proceeding, He 
Said it was instituted by the Crown to ascertain the exact amount 
ena pi was a preliminary step to a proceeding elsewhere. This 
way.in which the verdict would affect the parties. If 
they nN one for the Crown the defendants were at perfect 
liberty to eee to the action and offer whatever defence was in 
their power. t if their verdict was agai Crown, it 
would’ bean mone to any further proceeding. After pointing 
out the issue in dispute to the jury, they retired, and in half al 
hour returned a verdict in savour, of the Crown for 56,3281, 
AL CRIMINAL Court,— James Dawson, a sailor, was 
eteee with the wilful murder of a per: son unknown, at Zanzibar, 
the dominion of the Imaum of Muscat, on the 26th August, 
1882. It appeared that the prisoner, sien a sailor belonging to 
the Earl of Clare, and one or two others, were drinking at the 
house of an Arab, and that some disturbance hadarisen. Shortly 
after this, the prisoner, who had left the house some time pre- 
viously, returned, saying, that hee had stabbed a pe who had 
made an paral on him, Ons rghy, phe body of the dead man 
was found ; the Imaum of ‘Mus » Who is a oe ally of the 
British Government; preferred waivenne Dawson up to be tried 
by the authorities in England. The evidence was not such as to 
warrant a conviction, and the prisoner was accordingly acquitted, 
AssizE INTELLIGENCE. FOLK Circuit, — (Norwich).— 
Barker, Clerk, v. Birch, isq.—This was an action by ay. ° 
appeal from the decision of ok Ap are one of the tithe com- 
missioners, allowing a modu. f 6s. in lieu of the tithes of 660 
acres of lan the parish a Shipdham, the property of the de- 
fendant. hew considered that, modus to be satisfactorily 
established, and the plaintiff brought the present issue to try the 
validity of Phe al appeared 
for the feeniane The plain rector of the cal of Ship- 
Wate and defendant isa caigade of large fortune, and owner 
estate in the ‘The lands in respect 
of siniett the mudus is payable form a eae of that estate, and 
were in very ancient times a par! ough in comparatively 
odern times they had been brought tite cultivation as a farm, 
‘The plaintiff traced up the existence of tlie lands as a park to the. 
ie e of Edward VI. In the fifth year of that reign the Bishop of 
Ely granted * lease to one Barrow of the site of the manor of 
Shipdham, with the lodge, park, and lord’s close, parcels of the 
demesne west of the park, and a certain pond in the park. 
Between that year and the third of Elizabeth the estate passed 
out of the Bishop of Ely into the Crown, she having ay ee and 
a subsequent year of her eee) nny ‘the een + ie Wodes 
house family: at a fee-farm rent of 214, 6s, 5d. its Com- 
monwealth the Parliament bethought eirases of raising 
ene by the sale of this fee-farm rent, and in the particulars 
sale it was stated to be charged upon these Jands, which were 
deberived in the same terms in which they are mentioned in the 
Bishop’s lea: The estate, having remained in the Wodehouse 
family for fe years, pe vested in the noble family of a 
‘Townshends, from whom it passed in 1825 to the late Marq! 
Cornwallis; the last eee of that title. In 1824, the Geuntees 
of the Marquess sold it, together with other property, by auction. 
uence ae us Prope so sold was the advowson of the rectory 
of Shipd’ e particulars of sale the lands covered by the 
modus eere e described as free from the payment of tithes in kind, 
and liable to a modus not exceeding 10s. }t was, however, added, 
that the purchasers must take the advowson and these lands as 
they found them, and not lab ba covenant as to the title. 
ion. At this sale the became the purchaser of 
the adyowson, and the defendant Of the estate in question ; and 
it is not unreasonable to suppose, that the sum paid for the hving: 
was less than it would otherwise bave been had not these lands 
been covered by this small modus, Sad that Mr. Birch, 
other hand, paid a higher price for the lands in consideration of 
such modus than he would have oie had they been subject to 
the payment of the tithes in ae eed, the advowson of the 
living, which is said to rth 1, 000r, a-year, was purchased 
by the Lp a for 9,000/. In See to prove the ees from 
ea it was shown by defendant that in 1707 one Mr. Towns- 
hend was the inenmbent, having been presented Be his relation, 
Lord Townshend; that he was peer by Mr, Coleby Bul- 
lock, his son-in-law, in 1754; he by Dr, Edridge, in 1804; and 
the reverend doctor by the (ea in 1826, about two years alter 
the time of his purchase. he names of the successive occupiers 
of the lands so often Bien cluneds which are at this da, 
specie ely called the Park Farm, Cordy’s Farm, and Peck’s 
m, were then shown ; and a series of accounts in the hand- 
soustirtbe of Mr. Townshend and Mr. Bullock was then given in 
evidence, by which they the then rectors, acknowledged to have 
received the sum of 68. from 4744 to 1804 for pines of the lands 
A the ancient Shipdham Park. The amount was uniform, 
nd the payment made year by year by the FeupeCLly! ve occu) piers. 
One of the occupiers, who was ths tenant of other lands, held 
under a title derived from Sir Ralph Hare, paid tithes for those 
lands, and the receipt for such tithes was acknowledged in the 
same accounts which contained the entry of the 6s. The same 
thing also took place as to the ‘* Lord’s close,” which sikedapea ss 
with the park by the Bishop of Ely in tne ren of Ed 
and is tithable. <A letter, written in 1799 by Mr. Bullock, the 
then rector, was also proved and read. It was written to ap 
agent of Lord Townshend, then owner of this estate, and state 
that the lands held under the title from Sir R. Hare, and also the 
“ Lord’s close,” were subjeet to tithes in kind, but that he under- 
stood that the lands in Mceution formed a porti 
See EU arte The modus was said by defendant to be pi 
annually at Lammas, and was shown by one rah the 
rectors’ Batre ‘The boundaries of the aneieut park were yery 
clearly defined and described, and the site of ** the pond in the 
park,” mentioned in the Bishop's lease, is still traceable, though 
now pond no longer. Sir ‘I, Wilde, at great length, addressed 
the Jury on behalf of the plaintiff, contending Uhat the case of 
his opponent had failed in every particular which it beboved him 
to prove, in order to deprive the rector of the right to tithe in 
kind, to which he was entitled at common law, Lord Chief 
Justice Tindal summed up the evidence with great minuteness, 
and lett the Jury to say anette it satisfied them that the modus 
in question had been paid from the time of legal memory, to the 
amount and at the period at which the tithe. commissioner had 
decided it to be payable; observing, that primd fucie the in- 
cumbent was to be considered as entitled to receive tithe in 
kind, and yaa hey on the delendany to establish we pinaes 
relied upon b: r evidence. ‘Lhe Jury found a verdict tor the 
percha thus establish on validity of the tee clatued 
wkeuN CIRCULT,— (EX — The Queenv, Am ‘his case, 
rch, has been so long Neonates without the sian i of 
bringing it to trial, was brought on last week, pads after a con- 
siderable delay, it was found that only six special jurymen were 
present. absent cae were fined 10d. each, and the de 
jendant not agreeing t € a common jury, withdrew the 
record, This is the anna time that this cause has come to these 
Assizes for trial, and in one instance only bas a verdict been 
returned. The first time, the case was abruptly closed on the 
termination of the plaintifi’s evidence ; the learned judge (Cule~ 
ridge) who presided, being obliged to leave immediately to open 
the Commission in Cornwall. in the second occasion, a verdict 
of Guilty was retarned, thus Mister the right of the public 
to use the foot-, path in dis} spurs’ an application was theu made 
for a new trial, which was granted, anu was to have taken place 
at the last Assizes, but the Mare of business at that time pre- 
vented its coming on, and it was made a remunet. In orcer to 
guard against the recurrence of such a contingency, the judges, 
on this occasion, made this the last place on circuit, thus se~ 
curing to themselves the whole of the interval before the com~ 
mencement of Easter Term. But a misunderstanding arose as to 
the exact day on which the judge would take the cause, and 
though Sir I’. Wilde, and other counsel, were brought down 
on purpose for the trial, itis again postponed. This matter has 
now become even of more serious importance thau it previ- 
ously was, because old witnesses die off, as many are said to 
have done, and in addition to this, wh a pathway is in ques- 
tion, anda view is had, of course ev ery few months will tend to 
diminish the traces of its existence, and in this case the defen- 
dant has inclosed the whole of the ground, so that no one can 
use the path, and the public are entirely excluded. Auother 
remarkable circumstance is, that the prosecutors commenced 
their case; they must, theretore, have all their witnesses in at- 
tendance at Aiud whereas the fipiendant need not, in so long a 
case, bring them to Exeter for some days. It seems doubtiul 
whether the oat will ever be tried. inthe the judges will not 
have time to take it, or there will not be a sufficient number of 
special jurors in attenuanee, ogee the jure on would rather give 
10/, than sit in a jury-box a week, nothing of the 
amount of his tavern bill. ti the meantime the path is closed, 
and the public have ‘lost the use of it for ir years, as these 
cliffs are to Lyme what the parks are to London 
Nortugrn Circurr.—(Liverpool.)—The trial ‘of Mary riser 
on a charge of murdering John Hunter, her husband, at Mai 
chester, which commenced on ‘T' hursday morning, concluded Bit 
Friday, and ended in the prisoner’s acquittal by the direction of 
the learned Judge, on the ¢ 
several of whom were examined; and which, coupled with ibe 
fact that no poison was detected it the stomach of the deceased) 
in his Lordship’s il ple ess leit it tor ubtiul a eels to convict 
the prisoner. was tekordingly tal 
Wilmot Buckley was indicted for the oy alanier ent his wife, 
Elizabeth Buckley, at St. Helen’s, on the 27th November last. 
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