512 THE GARDENERS’ CHRONICLE. [N° 31. 
me alin beyond the maintenance of the College, ana 
ir at aw apa tho olleged prescriptive right. He would 
suit to the circumstance of their acting as a corporation, as they ! plaintiffs must go upon the alleged prescriptive right. He would | for a parpose beyond the maintenance of the College, and thag 
were all well aware that a body of men ‘would — proceedings | at once admit that he couki wet leap any evidence to con- | the interference of the Court was requisite to establi-h rules for 
wouid | tradict the testimony as to the payment of the modus for a great theinternal regulation of the College. First, as to the trust tp 
of the _ x he pri y into eff 
shrink from attempting. He should be er to = w the jury | number years; bat upon stion of the prescriptive | carr ect other charitable purposes by means of the Col- 
that, for at many years, no payment in kind for hay ever | right, he should propose adduce a variety of documentary | lege. It was a mitted in argument that the founder could nog 
been made; and he sho’ enabl sho evidence in support of the claim set up by the College. e alter the corporation, or engraft new members on it. The lett 
obtained from the chest of the Coliege itself, that for centuries a | then eded, and a variety of documents were pri , and | patent authorised Edward Alicyne, for the maintenance of poor 
m had existed of paying 3d. an acri ti f hay, and song t ted in the 8th year of the reign of , women, and children, and the education of the said poo 
that the College had over and over in-granted | m | Richard If. by the m of St. Bernard in ny, by which they | children, to found Be e ie Dolwich to re for ever, to 
that principle, and notwithstanding all this, th ad now thought | leased the tithes of hay, corn, sheep, &c., to certain parties, on | consist of certain perso s who were enumerated. By the deed 
roper pei the landholders and the oceupiers of this dis- | payment of five marks sean any At that period it seemed that the . the auth of Api 620, he conveyed his lands “to the sole and 
ct to come into Court and prove their 1 exemption from the | property in question was the hands of the above convent, 0 nly use of the master, warden, ke. and their successers for 
paymentof the tithe inkind. He cheerfully accepted the chal- = serine such of its sscaians as were resident in England. The pont sen to no other intent, use, or pury pose whatsvever”? He 
lenge, and he not the least doubt that i d be an eas’ edings continued curing three whole days, when . ms W. | (the Master of the Rolls) was of opinion that the College, being 
frm; fad _ to satisfy the jury o! e existence of the right that Pollet senlie’ ie behalf of Ri plaintiff, and remarked up he | thusestablished and owe iy 1e license, the found 
p by his clients. The learned counsel then explained difficult ascertaining the actual meaning of the geslibecs. a could not make any alteration in the constitation of the Colle 
that i should, » by documentary evidence, show that, for centuries, i ie very potas A those that had been produced | or divert the revenue with which he had owed the College to 
a custom had existed in the portion of the parish referred to, of | by he d dants, and als the jury to remember that | any other parties whats . The object of the foundation was 
paying ete upon hay land that had not been the antiquaries who had beer. produced as witnesses, themselv to maintain, educate, and govern the spe fied an at 
joughed, and 3d. for that which had been ploughed ; and he said | appeared to be entirely in the dark as to the meaning of scme pk rs of the College, and any ordinance diverting the rere. 
t rinciple had always been a upon, and although the | the expressions made use of, admitting that many of them might es to a different object was invalid. He, theretore, was of 
College mig’ w find it to be unprofitable to them, they were be interpreted in very different ways. This ree the case, he opimon that no trust was created for the persons the founder de. 
ot, therefore, to co the fi rs.and the landowners to put it to tue jury whether such evidence ought to weigh against | sire sae, w: map members, nor = r the general purposes of charity, 
them a er amo they had a legal right to demand. | the proof of living witnesses, who had, eee es, fur a great | The t question was, whet any such abuses existed iti the 
According to the old fiction of law, the modus was declared to | number of years paid the modus now sought to be established. internal ry agen of the oalieger a rin the a ot nase of its 
have existed from the time of Richard L., but of course it was | Mr. Serg. Taddy was then about to address the jury, when they as would render the interference of the Court neces. 
utterly impossible that evidence should beadduced to pro that, | intimated that they haa made up their minds, and they immedi- sary. inion that there were not. ove was a si 
and the law, besides, did not require it, for the presumption of law | at ly returned a verdict fo L ff, thus establi-hing the | cial visitor appointed by the founder, and th rought 
° 
erdi r the plainti visitor if char; _ 
f right being attached to the land in question. The | against the College were true, hethought that they w property 
i i i atters of v) jurisdicti 
for a great ears, and within living memory extending to | extent of the property so eee is saidjto be nearly 10,000 acres, | m sof visitorial jurisdiction. The only question ie "wih “er 
that period, that it should be taken as having: always existed, and | and the property interest at stake was said to be whether, uncer | lrad felt any doubt was, whether the Attorney- General had 
the law required no other evidence ; and by a rece’ ct of the | the modus, 3d. an acre ‘one be paid, sie gacgance Vas? the | rity to sue in the form which had been adopted in "this pt: ; 
Legislature it , that wherea party had had the enjoy- ordinary mode of taking the tithe, abou uld be | was not necessary for him to give an opinion on that point; 
demanded. — hecenabeg on the rothex grounds,he should dismiss the infor- 
M'Intosh v. the Wardens and others of New College, Oxford.— | mai 
This was ap phirrting ‘te ied eaeg ae Serg. Taddy ‘anda special ie 
jury, the plaintiff setting up for certain land in his ae a MARK TAN? Frivay, Jury 30.—There has not been much 
total exemption from the payment of tithe, and the jury found a Wheat fresh up since Monday, and fine Red being much wanted 
verdict for the plaintiff. by the millers, we have succeeded in making ls advance on such 
Rous’ C re ga Pe Attorney-General v. the Master, §c., of descriptions, and White sells on the same terms as on Monday, 
es: hi e 
id apply to the prese: and if he showed them that the 
paanad wners had enjoyed earn property upon the terms referred to 
for the period mentioned, no one ei oar ht now to disturb them. 
An act of pathonent had been sec on 1832, which declared, 
that w! oti fe years, 
t where the existence of a us was p st 30 ; | Dulwich College.—His Lordship, the Master of the Tak has | Free Foreign is fully as dear. There are many buyersof Bonded, 
unless some contrary pinnate or proof of some arrangement | given judgment im this case, which was argued in the months of | but they are not disposed to pay higher prices than om Monday, 
was tendered in opposition to it, that it must be vpeld to aeeabiials ecember and January last. His Lordship said that tnis infor- although some few sales have been made at 1s. to 2s. advance:— 
the right; and the same act said, that where proof of its existence | mation prayed that it might be decreed who were the parties Barley, Peas and Beans sell on about the same terms. Inierior 
for 60 years was given, no evidence would thake it. The ere, | entitled to participate in the funds and revenues of the College ; Oats are see dearer, but other sorts are unaltered in value. 
however, some excepted cases, and the College probably thought that the charity might be extended to a greater number of | y) E hd SH, by fos ee Qu bea EL ae 
they came within their scope ; but, without reference to that act | Objects; that directions might be given for carrying into effect PaSaie Norfolk, reer shire enace) Verkshive — eee White ‘ee 
at all, he should contend that he was entitled to their dict. | the charitable purposes- of the founder, and for securing to the Barley uF jr — distilling 28 t034 Grind. 2% to 
He must confess that he was surprised at the proceedings of the | scholars in the school the benefits intended for them ; that the Cots incolashire and Yorkshire : : 2. “A nds 22to025 Feed 2002 
College; for, besides the evidence of the witnesses he should | number of scholars might be increased ; that it might be referred Pv oprenyecr ee and Scotch . Fe eed 24 10 25 Potato 2B 
produce on behalf of the plaintiffs’ case 9 speak from their own | to the Master to inquire what alterations ought to be made in| Rye oy m :: (seepgaee eas 
knowledge as to the existence of the mo nar he should show by | the regulations pow in force as to the residence of the members, eis Mazagan, joldand new. to40 Tick 33to42 Harrow 3400 44 
documents from the College muniments that it bad existed for | &c., and that the Master might approve of ascheme. By letters —Tarleteai ee oapay Pg EE EE = Longpot = tom 
centuries, and had never been questioned till the present time. | patent of King James I.,dated June 21, 1619, licence was grantea | Peas, White ra ++ 32t037 Maple 401043 Grey wi 
The learned counsel then read an extract from a lease granted by to Eaward Alleyne **for the maintenance of poor men, women, EEK LY IMPERIAL AVERAGES. 
the College to ‘Anne Wade in 1625, one of the covenants of | and children, and the education of the said poor chiluren, to Wheat. Barley. Oats. ye. | Beans.) Pear 
which was, return a be made of the boundaries, Xe., | found one College in Dulwich, to endure for ever, aud ¢| st of | June i Wel nord oe ¢ 30 10 a - = 10} 38 7) 388 
and also of the customs and the mode of paying the tithes on | ¢ > on den, four Fellows, six poor Bre‘hren, six " eigieete: IA esd? oS Saha ou 
corn and hay, and to which ore ie made that the corn was } poor Sisters, and twelve poor Scholars, to be maintained, edu- — aback Sait tai 3l 9 2) 33 5| 38 8) 424 
taken in kind, but that the hay w: scicient Gant om paid for at | Cate, aud governed according to such ordinances and statutes - . Pabe aaral ty 2 82 6) 22 4) 85. 2| 39 5 | “8 
<a wechpontecciwee dba ose , and 4d. where it had | as the said Edward paige should make in his lifetime, or by any as Se fal feeaitlbcd edited Ghat Abe: 
there were seve! leases person or persons who should be specially nominated oe te | 6 weeks’ Aggregat 
returns, one of which was dated as far back.as 1595. ban col after his death, and that the said Edward Alleyne and pers ; i “gare Mads ; u| pd iad | = | . L: 
not conceive how it was possible that the College, with the know- | hominated should have ful: power to make ordinances, ‘consti Duties E is 4] 4 16 9| 2 6|" se 
ledge of existence of such documents as these, should at- | tions, and statutes a the maintenance, education, and govern. eran A an. WERE 
tempt to oppose the right that was set up, for he was quite sure | ment of the said M Wardens, Fellows, poor m. Brctlizes, INSOLVENTS.—G. ne ris : oF og pare 8, Corn-Exsbunee Shark 
that no evidence would destroy their effect. | Sisters, and Sehaiare. rife direcied “The ege so to be | lane, corm factors—D Lodge, bleach Tottington Lower-End Laacashire— 
learned counsel said, that his case did not rest entirely upon | erected to be the College of God's Gift, and that the said | T.Atkinon, druggist, Lancaster. Fi 
ha ta omicigy had aon aide grees —_ for ee oe another | Master, den, c» and Ae sors should be-a body cor- | | BAN’ prey Harlow, Macclesfield, Cheshire, irom 
ery jocument t had been fortuna hold of | porate with perpetual succession.” By the said letters patent 2 rion, warehousemas 
which likewise went v4 establish the | the Archbishop of Ca ary forthe time being was eptieee Bk joey ions Portian nd dene en tn toes rok 8, Great Wine 
Tight. It appeared in 1659, atthe f the Common. | “to be for ever. ¥! r the said College, and e powe cheptexsirese London, afterwa: Pe 34, Gloucester-place; Pe mati 
ealth, a committee of the House of ppointed, | over the sam ns theréin, to visit, order, and punish } 22420w of Stutivampton, ean factur er of bituminous pavement—M- Wardally 
Free eee, or thee of Plundered Ministers: and they | according to the ecclesiastical Yaws of England, and according | Manchener, merchant"-W, Haskayne, Livery ee eee eee 
e desirons to raise the stipends of the subordinate members | t such constitutions and ordinances as the said Edward Alleyne | Ronndhill, Lancashire, cattle. jonbee_W:s White and T. Broad, Newport, Isle 
of the Charch, among others, to augment the stipend of the | should make.” Pursuant to this license, by deed, dated 13th f Wight, wine and brandy merchants—J. Lloyd and W. Loyd, Atherstitts 
vicar of Hornchurch, and they cailed upon the C e to do so. | September, 1619, * aid Edward Alleyne established one Col- bei cea! a ge . et be eld, bE iiciemesy’ senthion: Sie 
. however, were very unwilling to m: roposed in- | lege in ich, and nominated the Master, Warden, four Fel Gulcaaskess Es Meroe “ester aod D STilcy Pore, statfordshite, iran 
crease, and they sent two of their Fellows to London to make | lows, six po: ren, six poor Sisters, and twelve poor Scholars, | master—L. Llewellyn, 1 maltster, Arerdare, Glamorgan—T. Smith, don 
— = their gee’ d they applied to the §; f the }| to have ——. ee according to such statutes and rales beni Hoang Lancaste: B- Susey “licensed pets my, Upper a i. 
‘couse ‘ommons, 0 to a celeb e. sh b in the manner in the said lette! mt men- | ¢ eee e; jun, merc west Serene i 
named Heneage Finch, who drew upa on 3 i | tioned.” dated 24th April, 1626, ‘*the said Edw: Some rituallgr,Pronpet las, Se George road, Souter Emery 
in aletter to the College, the Fellows said they had engaged the | Alleyne conveyed the lands in the said letters patent victwaller, Islington-green—O. Pidgeon, tobacconist, Shrewsbury —7- > 
cunning lawyer and a Speaker, but that the | to sole and only dse of the Master, Warden, tour Fello’ secteota mrveet,, Unues, Shetiesisteest—2 chee ns Me nant Ce come 
great thing was to get a good store of port | 8iX poor Brethr poor Sisters, and twelve poor Scholars and | spinner, ‘ ine, pputeomtonhae € Wine, 3d aker and W. Seatitr 
them. On th case so drawn up, as a d | their successors for ever, and other intent, use, or purpose | bankers, Tot Sirese Rawsnaks re, Peart To nec k, Nottingham, 
for not paying the proposed augmentation, said that there SS . On the 2gth of Septemner, 1626, being six year! ssCOTCH SEQUESTRATIONS ape, ‘Anian, c crinon-brewer=W- 
* sesh wooterihe tihelvery saad, and Vhat th idowurent: Founder establlined eeitain: statutes aap Edinburgh, graces jel late of Tairlaw; bat “Row mledeslo 
payment proposed be more than they worth. He was ew where “for the maintenance, education, govern. Soe See Ue Conran. Jake of, Anohoma ee as, 
ata loss, : % ment” of the Coilege, stating the qualification of of the Master, BIR e 26th = house, Cambridge-street, Hyde Patky 
defendants would attempt to set up; but Warden, Fellows, poor Brethren, Sisters, and Sciiolars, the mene the lay oP R 3 Pees 1. Esa, “ og th wet a= er oor oa the ‘cin 
which they would be required to perform, and how the at Norwood lodge, ae the lady of J. Maudslay, Esq., of a da 
were istri i 
was hands of a convent of the monks of Mont | were to be distributed. In framing these statute: = | Monday, the soth inc, at fiyde Park pate, Fecnslng tn ee eS Fae 
in Savoy, and he believed that some old joao ar that the founder considered thax he “ ¥ Gia ae at lay 2 e3 i? Penaintig clan mn anaes peadarrpice TBE rE 
er document would be brought forward, and, by the aid of | liberty to vary the foundation and College which he had esta- *GIARRIED.On. the toch of June, av Paris, the Coun! t de 2 Meee 
capable of explaining the language of the period, an | blished, for he appointed “six Chaunters for music and singing | Prin to Cecile, third daughter of the late Peter de Dome Sidon 
attempt would be made to show that at time or other the | im the — Se should be called and deemed Junior Fellows; - by age Neale > the inst., “at ‘Trinity Cc Tach Sloane 
tithe of hay had been din kind. Even admitting that any | Six Assist« oases e the ee of wie College and revenues sok Golegee phos the fee's. H ae Hecke ry of Secenvak Kent—0n 
proof of this kindshould be adduced, he was pi to contend | 'hereof, a Thire x Brethren and Sisters | 27th inst., at fe Pancras Church, W. A. 5: Westoby, M.A.,of Trinity Coe, 
at it could not affect his case, and id with confidence | he di to ion from the parishes | C@™>ridge, and of Lincoln's inn, Esq. barrister-at !aw, to Mary the 7th 
square—On the sa at the ish church of St. nchurchs 
ereic lane, the Rev. C.R R. Alford oats curate e Lye ae ett serie 
se parishes were to chuose ten poor persons to be Meiibers eet. ea 
os ose College, to be admitted first into the almshousrs, and elected € ch Jast, at his ning idence, 
from thence into the College. sy tiiis will, dated in 1626, he gave | Dieman’s land, of rapid consu im che: ae seer mat he ae a Rd 
ddir 
country 
they considered they had a legal claint, and when, im an inquiry hint wn oF Mr 3. Nell, of yee street bag, London: 
before one of the Tithe Comanenicene those rights had been | certain specific bequests to the college, an is executors Sac. : ss loth regi 
already admitted, he thought the ‘observations ee had been | to build almshonses tor the rag bers. t ith pn gg Aether pred re an SET the 7 Hon, Compa Soya hig & si. 
made by his learned friend, Sir W. Follett, upon the College he had endowed tite College being msufficient for the | burgh, Capt. W. B, Staff, of her ‘Majesty’s 26th regiment, Cameron ne 
authorities, might have been well spared. ae em med counsel | P@ 4 mplated, abd the assets being insufficient to pro- | Pi Pecmuclar ye de the 20th inet» Tsabellay Oa dhe : 
then proceeded to state that he should show, b: ments muc thy almshouses, a bill was filed.in this coart by the church- Seteaeie ther Talore ed ‘ite of Mr. © :. Bar r, of Tiighesereet, De veda 
more ancient than those produced on the other = that a tithe | Wardens of St. Botolph against the college the sarviv: X- | Cowes, Isle < Wiehe op the 25th css » Anna Maria, w Sf T. Halifax, Bt 
in kind had been taken upon hay on this property, and at this | *Cutor. In the answer to that bill the College alleged. that the | of P ondon, and Chadacre-hall, mike 
a cou 
Temote period cheek was no mention of any modus; andif he 
Sati: mr t i sh i 
— ~ Jory upon : hat, he said he should be entitled to their | on; aren grt yreegcin of the c’ © members moe not nie tb 
4 eed was then produced, bearing date in the reign of } Watranta leat ; and that hey’ thoa at that the e not r i # 
Edward the Third, by which the land in qaestion, with the tithes bound either in law or eqnity to part whi any pastot their reve. | sasiny ie havetwoal Scestsle: tue) ori near Bane etiba- on 
upon hay, com, &., appeared to have been leased to one Sir | Bes forthose parposes. The surviving executor admitted that Ashis lentes i a destroy 2 aera tion, and preservation + * fgg 
William Walter; and two gentlemen, named Black and Catlin, | he bad 1204. in hi hands, with witich he alms- | Boulogn 488 ¢ | Honey-dew, its oF igin ee i 
versed inthe character of writings of this description, were ex- | houses, if the parish would provide the 1 a this Breads “~ alum in ed oo rccrane wc aac aa oe 
amined, and they their version of the contents of the docu- | things an order was made by consent ste che executor to pay SauieetS nai ioe a Lime-water, 10 make wed S: 
ment in question. however, worded in so ambiguons a | the plaintiffs the 120/., security being given that it should bedels Carrots injured by ts 439 ¢ | Loddiges’ Orchides job : 
ener — there many abbreviated words, that it ap- | ¢™ployed, and that ifthere should psn be an overplus of in- | Cause and effect 486 a | Paris, Picotees . we a 
ascertain the real f the deed. | come, the College would devote itto the sup; f t persons, pews fe Cleriens, No. 3 XXVII. ae cocipendusion; tt ail — e 
ner the c evidenes bad sume length, court said it | As subsequent periods, the: ing some tarther disagreement, Cucum Son “fits, covers Pe-teni, to make cabbage -  * See 
might be a saving public time if Mr. Channell would state | Archbishop Sheldon, in 1664, and Arci bishop Wake, in 1724, igi 496 0 | Phytologist, reviewed | ¢ | asa 
whether he = call witmesses to contradict te. | made a -_ the regulation of the Cellege.. Archbishop cur o, destructive to smal sive NED poten on . pos 
ments = = esses for the plaintiff as to th: us,or com. | Wake, im his nteenth order, stated that the founder bad no | pis... carnations:notes om” 329 ¢ | Salvia patena, two varieties Of 5, 
. am acre having yews poet tor a great number of saccharine to ausonane assistantsor to increase the uuwber of the | Ditton Park, Yuceaat . - 488 8 | Scale, to destroy mown I aot 
Ss. "The evidence was most distinct and conclusive, and there | {iows. Some tine afterwards an information was fied by the | Earth heating © 0-2 Or = | sees chan ne, to obtail 
ald be no doubt, that from the year 1762, for a much greater | Attorvey-General, at the relation of Samuel inst Floricultural Society Si wea) Seger Aare re agen 
mber of years than was required by the statute to establish | Colleze, an cree made by Lord Chanceior King stated | pruit‘o Pak i garriaee,, * Bee | Suburban Gardens, 2at we 
eee right, the su f 3d.am aere had been paid. it ft, per- | that the founder, his ordin.nces of the y eptember, Se Te basi ” ge b| Bowers tor of woo 2° 
haps, therefore, be a saving of time and camcodiaee 5 if it were | 1 “4 not add any new members to the body corporate ; but Germaay, Agricnttural Meeting 488.4 | Trees, yearly arly formation of ted 
ed whet line of defence was Sst=neee eer id, | Re urdered the ehurchwardens to be nominated a~ 6 bas Gtittrer’ Cansioane of Plaats | Yen seen 
at inasmuch as the alleged had not been paid at the | Without pri @ to the Archoishop’s xigees om sitetion.. the | Se ee caecest, Bibel erect, 
time, or within one year of the passing of the statute referred to, | So@-payment to the out-members appear a been acqni- Printed by Messrs. Baanscay and Evans, ace he Published b= sbe0.2 
the right could made out by a proof of its for the | esced-in until the report of the chant; cacmisshaere, The pre. | the Brecines of Whicetsiats, i@ the Ging of Londen. 30 ot 3. dt 
7 and he should therefore contend that | seatinfermation was filed in 1836. Tue potuts in apuort See DENS ecmenan po ai ane ge Couns renee 
claim could not be made out under the statute, but that the of the infommation were, that a trust was.created by the charter | Editer—Satunday, July ai, 141 = 
Ethie ret. 
