528 THE GARDENERS’ CHRONICLE. [N° go 
a isea: of any kind. This r. Edwards, the solicitor who prepared and wi 
being a rabbit and four ger nds of beef. The xp oe coh mn Ove: patie ‘that she thought the old man Ps to execute it. bye heave 
pents all got through ‘their shells within four days of the defendants, a witness, ni Andrews, deposed thes ow 
were about i long, and endeavoured arch, 1837, old Roger Scott desired him (the witness) 
their tiny jaws i an to ge! ed made ‘‘to make his place” to Roger and 
say t he should not do ai ing for his daughter-in.lay 
a (the wife of the lessor of hoo plaintiff), and that the old man was 
and ‘are consider 0 be fine “ aa i cccieman 1 nt S| perfectly sensible, and knew what he was talking about. Witness 
Relics of the Relelton in Rae ae short time se “eis cad pointed ont the suspicious circumstances under which | accordingly gav yr etorrsialh to Messrs. Edwards, solicitors at 
€ part of in ces had been effected, not by the young man himself, | Ross, who prepared the deed, and on the 6th March their clerk 
who was in extremely poor ces, but a lawyer who | took it to the old man’s residence, when the old man not being 
Farraline, they came ‘upon. a quantity ‘of 2098 — arms. a wasto receive the benefit. Some witnesses from Hull were then | well, the deed was not executed. On the 9th, Mr. Edwards him, 
t12 mus- called, who proved that Howe’s mother died in 1840, of con- | self came over. The old man was better ; Mr. Edwards read the 
kets, the scabbard of a sword, and other por i eo loch oo _ ses - that nig Ak agg en Howes — ered - = ae vi ie Baie sere B gta pao hear 
was afflicted wil © same disease. Medical men, who 3 > esence of 
is situated i — the high mountains above Loch Nes a It attended the deceased very recently, stated that he was warned | the witness, Mr. Edwards, a man named Jenkins, and his 
by them that he would not live a year unless he confined himself | daughter-in-law; no one guided his hand; the plaintiff in 
the district for many years that a quantity of arms was | to averymuch cualier qumatity of fermented liquor than he was in | the kitchen at the time, ahd said his father was not fit to do any 
the habit of drinking, and was distinctly told that he was con- | business then. The room was rather dark, and the old man sai¢ 
eo ; “ 
ive. The learned Baron here interposed, observing that if | ‘‘ some clear sunshiny day he should like to have the deed to 
in 1745, which a to be confirmed by this porore ee alicek this evidence fully i out that iene of the | over it.” This statement was confirmed by Mr. Eewertat tae 
rence. he draina; tha’ er | defendant, which alleged that Howes obtained the policy by | Jenkins, who both spoke to the competency of the deceased to 
discoveries of the same Kied w ill be made, i - scondane fraudulent misrepresentation, inasmuch as he represented that | transact and understand business. The jury, after a lengthened 
with the popular belief of the peasant he never had had a medical -y Sree answer to their inquiries | trial, pete te a boner for the defendants, thereby establishing 
. yt) e ty: I on that head. His Lordship having consulted Mr. Justice Wil- |. the validit ity of the deed. Nag 
diate neighbourhood of the spot is the house a Gortule _ en on the point, and his opinion sancti with his own, he Sa 
which in 1745 was the recat of Mr. Fraser, chamber. ected the Jury to find for the defendant on that issue, and dis- MARK LANE, Fr » AUG a —Havin g had a great deat 
la ate and a agent 0 of Lord L he le rea be noe them as to the ota ar. of heavy rain since } ‘caida, there been great excitement in 
a 3 |  Ipswica.—(Before Mr. Bi son anda Special Jury.)— Wheat Trade,  particalarly i in Bonded, of which a lar, arge quan- 
Morris, Clerk, v. the Duke rd Nonfalk par teapot brought | tity changed hands on Wednesday, at an advance of 3s. to 4s. per 
took place this accumulation of feceiaens which were af- for the purpose sof deciding whether “the Hall Farm,” belonging | quarter, and i i ces even more; to-day, the weather 
f Culloden | to defend in the parish of Shelfhanger, was subject to a | being fine, there was less animation, but the above improvement 
was fi ained, and on was demanded. ~ English 
Vel Aent det Gin fate of th i modus of 14/. a year, or whether it ought to render tithe in kind. 
orisha Sim Jecobites: | The noble duke insisted that the ia only was payable ; the | Was Is. to 2s. dearer than on Monday.—Barley, Peas, and B 
ee intiff, x : e | remain as ero uoted, and the same may be noted of Oats. 
: full value of the tithes of the land. The plaintiff is rector of the age aye oe ‘Daarer. 1 Ge: aes 
Patvy Councit.—Wood v. Goodlake. oe J y ial Committee | parish of Shelfhanger, having been presented to the living by the — aes Rene “0 oltishivgaelk Wockahire Liat “3 - thin was phe: 
of the Privy Council have had wmanene 1 meetings this important | late Duke of Norfolk, in the year 1803; the defendant is owner arley f “Ma ac ie —— 281034 Grind. tea 
and long-litigated cause, relative to the mal of the: late Mr. PWood, of the farm called “the Hall Farm,” in respect of the tithe of Oats, iecnemncna Yorkshire « EE eos Fee ae 
of Gloucester, and have appointed — day, the 16th inst., as the | which this controversy has arisen, the contents of which SS nbs eetiicne aa tested Brod: eerie ae 
day Naked a eer — aclive tga about 400 acres. When Mr. Morris came to the living in 1803,| Rye . ....- = 30 to 42 
Co ANCER Duk. vai Beaufort. e Lord | he found that his three or four immediate predecessors had not | Beans, Mazagan n,oldandnew ". ‘39-to to 43 Harrew 34te 44 
Petar atv pone - ie case, argued some sae ago, | taken tithe in kind for the Hall Farm, but had received a money = eine Hieligoland ess - we ae Sona - fo = to mie age 
and given in this Paper at the time. It wasanappeal against the in- | payment of 14/. per annum in lieu. He did not inquire into the | P®** WEEKLY IMPERIAL set <emeae Grey ee 
junction of the Vice-Chancellor, restraining the Commissioners | title to receive or pay this small sum instead of the valuable tithe cuit * a " 
Enclosure from effecting an exch: mds between the | of so large a farm, but finding it paid, in point of fact, he con- | , fe te ret tweed eae —_— Pear. 
d Mr, _ d. T mce between thi tinued to receive it until the year 1818; and he wasinducedto| july “3 ° 2 :/| e3i1| 3: a 336] ata 
ties m agreement by the Duke to exchange Dunley- | acquie he rather that his patron in the living was the ow ews Bis ca ihe pd OE Se 33 5 38 3| a4 
gorse, is, ete pauline Littleton Prew, in Wiltshire, fo: vgiane wood- | of the farm. In the year 1815 the late Duke died, and the present - . 641} | 32 6| 22 35 2) 39 5] 4B 
land, but on no other terms. His Lordship said, the written in- | defendant succeeded to the title and the estates of the dukedom ; aoe get +Feme pk Gan et = 2 2 Sat 
structions given by the Duke to his agent containing no ated and in 1320 the plaintiff filed a bill in the Exchequer against the om oH J 
tion as to wood-land, those terms could not be imported into the | then occupier of the farm to compel him to set out, and account | 6 weeks’ aati Aver. 65 2 | 32.5 | 22 35-1 | 39 1 | 20 
agreement 2 a i peo ae aah The Duke could not | for the tithes of the farm; but it was not proceeded with. Upon aw | 
therefore im: agreements, and having no equity, the | the passing of the Tithe Commutation Act, the tithes of Shelf- tos a | isto} 13/9! 16 9] 1 o| 66 
order for the injunction, and he that restraining = Neeld’s | hanger were extinguished, and a money payment substituted, G ne SEK 
w to recover Dunley-gorse, must onsequently and the tithe-commissioner, finding that the sum of 14/. had been INSOLVENTS.—J. Midlane, jan., Brading, eis cahlce: temaamnets 
received, as already stated, for nearly a century, allowed it as a | Trapps, victualler, Abridge, apt 
per gg 
Vick-CaANCELLOR’s Court.—Cornewall v. Cornewall.—In this re areaties and awarded that that sum, and no ymore, should be BANKRUPTCIES ANNULLED.—W. Lait, Berkeley, Gloucestershire, 
cause the following important questions arose, 2 a will of | charged upon ‘the Hall Farm; and it was ‘to try the validity of | victualler—J. Latham, Balin, near Snaith, Yorkshire, seed-merchant—- 
Sir George Cornewall: First, whether amounts le nen ere ap- | this award that the nee actio _— brought. In support of Wetalar nad J. Wetsiar, lace-manafactarers, 8 ba rare Er Southwark, hop 
Plicable to the payment of specialty debts roma inenen the plaintiff’s case, eviden of the payment of the-14/. | factor—J. Appleton, Walnut-tr ee-walk, Lamb beth, corn-den Jer—T. 
or whether they = anemech iow, area jonably > Secondly, | to the rector as far Seta - isi nhiney extended, and four | wick-street, Soho, and Oxfo: rae rete coach~ ye Tomes 
whether 2 bequest of ‘all my articles of domestic use or orna- | small books, in the: handwritin a deceased rector, were put | *tteet> Burton-crescent, oilman e Phd pk Aa rt Beto P Delgae, 
ment,” would pass a library of books worth 400/.? Tiginr whe- | in, which carried the payment os far back asthe: year’ 1743: | Ribet Dannlactarer—S- Be Armitage, Wakelicid a, , and hire, and ME. ‘Manches- 
ther a bequest t ies jong veg aig eg ome a carriage and | These entries were of ‘Shel compositions,” and there | ter, ironfounders—C. Cross, Bristol, tea-dealer—P. Mann, Leeds, army-com 
horses, and the use of his books, gave the widow the entire pro- | was nothing in them to show that they might not have been | tractor—L. Robinson, Orley, Yorkshire, faabaagieh Sowerby, innkeeper, 
party fa in the elbrary, or only th the use of the books for her life? The | compositions in the asital sense of that term—namely, payments | L¢eds—P-Tagy, corn-merchant, Tooley-st , Southwark —A-Thomson, meshaniy 
or thought that the ic legacies must be ex- | by volun agreeiment, and not compulsory moduses. The deesten Tienda ao Wood ‘and A. Wood, Blackwell hall tory Bala - 
Recs cain specific debts beforeany e devised | evidence of an aged*deceased parishioner, taken in writing just | hall-stre . Stocks, sen-, and S. Stocks, jun., bi che tbe Manchester—H. 
estate could be applied. His Honour was also of of opinion that ‘iously to his death, stated. that heard the marae called | Greenaway, painter and plumber, Bristol—A ee lodging: — 
wares “articles of domestic use,” ven an coors nt to pass | @ modus in the presence of Mr. Burroughs, a former rector. In | feePery:tres'ham, Surrey RF Jou Fone chemist, Oxted ‘Camden-town— 
the books, which, if not included in of dom were | order to satisfy the jury that the I Farm was re “ancient” | A. Wise. W. S. Bentall, and R. Farwell, bankers, Totn ‘ 
certainly articles of domestic ornament ; Dut that since ame word | farm, several surveys, taken by ules of Queen Elizabeth, when SCOTCH SEQUESTRATIONS.—Rev. W. Jaffray, Dumbarton—J. Cooly 
use was applied to the books, and not to the other property, she | these and other lands of the Duke of Norfolk were forfeited to | Paisley, silk-manufacturer—D. Rabb, Dundee, merchant—A. Hendersom, Like 
could only have them for her life. the Crown by his attainder for high treason, were put in evidence | ‘nde Minter sr eteag eo erect Soe 8 “Edinburgh, 
nderson, Glasgow, merchant—A. and T. Pattison and J. Bennie, Edi 
Tulloch v. Hartley.—The question in this caus under the | by the defendant. But, whilst they showed the antiquity of the | coach-builders and spirit-dealers—J. Gilchrist, of Blackhall Dye-works, neat 
will of Sir John Lombe, Bart., late of Great Molten, No Norfolk, in | farm, they showed also that it had been “‘theretofore letten for | Paisley, dyer—J.. M‘Nanghtan, of oe manufscturet—J- Lary + 3 of 
which was contained a cla viding that a n-house {| 234. by the year;”? ¢ issioners, however, add hat they Greenock, shipowner ie Sager ——— a J. Mt Macdonald, of Glasgow, Lad 
and suitable offices, fit for the residence of the- owner SLRS his es. | understood it was then let for 100/. per annum, which they though’ gh pose etree — ———_———— 
pate should beh erected on some convenient spot in the a of | ‘* too dear a pennyworth by 20/. a year for any farmer to make a Paes HS.—On the dist ult., at the Rectory-house, Rimpton, the wife of the 
Briangh. in ae folk, either in the testator’s life-time, or after his | living by.”’ Mr. Andrews having addressed the jury for the | Rev- M.Hawtrey, of a son—On the Siet ult., at Vine ders" erie Se 
dea rected by his trastee after his death according to | plaintiff” Mr. Baron. Alderson summed up the evidence. The | !%% of J- Rogers, Esc. of x daughter—On the dist ult. at Bicadworth ite 
nts i as See in his life time approve of; orif he should | question, his Lordship told the jury, was whether mn this Foye es ack Marais Pak cee ied lady = to. Bates, Esq, of 
die before such a plan should be completed, then according to | evidence the defendant had satisfied them the payment in | daughter—On the 2d inst., at Stokeinteignhead Rectory, Devon, Geormises 
such plan as the : omteos as the time , with the consent of | question had existed “from all time” Lukin, the wife of the Rev. E. C. Phillpotts, of a son—On the 24 inst, the 
q e”—that is, from the year ‘3 : ith, Cumberland, 
the person for the time being beneficially entitied to the imme- | 1169, which the law had fixed as the time of the commencement | !4y of F_B- Atkinson, Esq. of Rampgbeck lodge, nese Peri ic Siapame 
: wha Sd inst. Zi 
diate freehold of the Leaner under his will, should adopt. And | of ‘legal memory.” _ If they were satisfied that it existed at that | New Grove-house, ‘Srowiey; oe wife of Sir G. Simpson, of a Seng 
erection. a us was valid ; but if it did not, in ins xtord-t ats 
house, he gave to his exec 000. e ion | fact, then exist, it could have had no legal origin, for it could eagtiter —O) $y iter at the residoney Of J Fs Tee at : 
was, whet the mansion-house should be built @ certain : ly originate since that time. It ie uot be reasonably Pia e hag 4 eke, ted rg Tecan Tost Clapeasn, aes t 
prepared bythe late Mr. Wilkins, the archi or on what | supposed that the Duke of Norfolk; or any one, could la nes pea ting-hill, Bayswater, the lady of C. C. Brooke, Esq., of of 
other plan; and the now raised fi ecision of the Court | a jury positive evidence of the existence of MARRIED.—On th ult., at St. Luke’s, Chelsea, 
was, whether the sum allotted by the testator in his or | modus in the remote per hich he had ref eae ichael’»-place, Brompton, to Miss Stedman, of Pleardy place, Es third 
- ion-house, ee with the bahar area sufficient that he gave evidence of modern usage, supported, if ee poe ae a — prea - ay finer, Ee ve 
onged to any and which of th: ice-Chaneellor, | possible, by some ‘ancient documents, from whick juries might-| second danghter of J. Brown, Esq., of Harehills grove, near L 0 
after reading the clanse of the will referred oe: said that it was | reasonably presume, inthe absence of other circumstances, that | 34 inst., at St. James's, H. B. Jones, of Duke-street, St. James's, Bots st 
plain there was an express anew es ee the erection of a mansion. | what existed as far back as living memory extended had | Miss Sophia Fike, of Bedford-square, Sad of Reseridee ee arene 
f p bers inst., a etwynd, ire, 
with and that the trustees wi Commence building it forth- | its origin before the commencement of legal memory. That was | Carendish-square, io Harriett Fleming Fisher, daughter of R- Fisher; Eee 
a question of fact for the jury, and in deciding it they would not | of Chetwynd-lodge_On the 3d inst., at St. Mary’s, Newington, Mr. he 
size I —Before | forget that the sum of 14/. in the present day would be equal to] Chessman, of Church-street, Camberwell, to Hanna, clit Ee ee 
ur. more: Milde Pemang pon a gr ccc Sur. —Paim oo apie another, | a very large sum indeed in the Reign of Ri the First; that is, | Lotpiee ot Cemesbury-sow, Reemege lar Gh iy a, Berners-streets 
Executors of Thomas Howes, v.— Irving, Esq.—This important | in the year 1199. He believed it was then equal to about 2102., Cuiresenee at Se vic ine, Panes to R. R. Lyon, Esq.» of High Holders, 
case, which was regarded with such great interest by the Insur- | and they would, therefore, pause bofore they found that so large | _ DIED —On the 15th of January last, at Port Philip, on board she 2°6 
ance Companies, was an action brought against the Chairman of | a sum could have been then paid as a modus by the occupier of prorat ae he we clerk Gitar, Wr: YES gee ee yas his mant 
the Al'tance Company, but three or four other offices were inter- | this fi y when they “grag cages — the reign of peal tee ane Rae July steer t vais: State of se rw Sorke 
recia os ies—O} 
estedin the result. The plaintiffs sought to recover 15,000/., Elizabeth, 400 years subsequent t of Richard, the | Lydia poe Gen tance; wife of K-Caming, Esq., ga the 
being the amount covered by a policy of insurance on the life of | entire value of the land to rent =e oun by tt the evidence put in ult, at Brighton, ee es acon oer ing PSone, Stal 
the testator. The pleas were, that Howes had falsely represented | by the defendant himself, to be under 100/. a year. Pape inna israel oy a Bare reasale a — 
the state of his health and habits, and that the pales ear void | tarned a verdict for the plaintife. ae saaieeeiig: Guatacien eonlivin rrarsiacy sie sripe ie Set alts at Homerton, Bm Ene, = 
for fraud. The person, the a a whose life formed the | The learned judge said he quite agreed bow thelr verdict #5 that he | the Rev. S. Tudor, of Woodham Ferrers, Essex—On the 24 ins On 
subject of this action, was a young man of the age of 24 when.he | had seen many cases of this kind, but none so weak as after a protracted illness, Jane, the wife of W. Broad, Fos » 0 ct ie Mr, F 
died in December last. He had been oy peta <er of surgeon's instru- Oxrorp Crrcvrr. a Mr. Justice ‘Coleridge. )— dem. Fialay, a iimor ee cn a tt nay Holy well streets West 
ments, and was anative of Yarmouth. In 1s3she la to Hull, | James Scott v. Roger and William Scott.—This was an action to : minster, ag ‘ 
and set up the same business there, but it did not suceeed, and in | recover certain inate at Pencraig, at the sinc of Goodrich, in ae ER JBJECTS IN 
afew months he gave it up, or rather it gave him a In Octo. | thiscounty. The lessor of the plaintiff and the defendants are a OF THE FRINCIPAL ch acl eae a 
ber 1949, he retur to Yarmouth, andthe plaintiff Palmer, who j all brothers, residing at drich, and the sons of an old farmer “ise aoure 
is may outh, and an attorney, advanced him various | named Roger Scott, who died on the 16th March, 1937, at the age | 48° feats ah phen ers ae. te ‘Gass ‘Hore Soe. eee 
sumsof money for his necessities. In order to securetheseand | of 88. By his will, dated 7th Feb., 1936, he bequeathed the house Anrecum he aT ts eee Henderson's Nursery, otedom ioe 
some contemplated loans, it was arranged that Howes should in- | and garden in which he lived (the property in dispute} to his | 420 ~. ate for’ autama Fy a ed Fee = oe 
sure his. life, and the policy in question, with four others. to the | eldest son, the lessor of the plaintiff. On behalf ef the defend- Bloom: 505 & ere Sanat vee ee poo 
smount in the whole of 3,939/., were effected in different London | ants, a deed of gift of the same property to them, executed by mows Slave for  Gemeninonce one Honey dew its origin P. ro ' 
offices. Two others were proposed, bat either dropped or de- | the old man on the 9th March, 1937, a week before his death, was | British a wetelacion aso — Borscsatie © 2 For an ie 
ea These policies were ‘o have been assigned to Palmer, and | put in, and the case upon the validity of this deed. ipaotée on: =” Soka | Lain Secs —— 
— a. bat ed. is .was in October | lessor of the plaintiff contended, that at the time of its execution | Bitten, tomake ued - = Bae ¢ es its: BOE a9 g 
sured became € time after the policies were effected, the as- | the old man was incapable of disposing of his property, and un- | Cape de Verd, its is venecotion 5 Sof ¢} _ ious to plan! cot ee 
Pair agence. il, pes a = on was sent for, who | conscious of what he was doing; and in support of this case, | Carnations, reasonfor running 500 ¢ | Melon at ee as alawn |. O 
fangs. im past eure; suffering er acute inflammation of the | Mr. Roots, a surgeon at Ross, who attended him in his lastillness, | Clivia nobilis, tofuwer _ - | r sods homage omnes ree is 
samy: roa oct of Novem oe on the 5th of December. | rosa edd ti a he considered him weak in pie ae childish, unable Catan Gentian: eae 1 bo b| Parks, public = a? 
emade his will wholly in favour of Mr. | xsneae who conversed with him, “as deaf as a post,” | Cypripedium barbasinm Periwinkle, Madagascot» ™ age 
ac of Palmer’ i ent, unable to understand oe effect of a deed | Epidendr paren eee tree cark: bendae Suniel 
his is pro’ y on the day on which it was execut wal aa aoe mee 
A pr het of deceased, who attended him also in hi 3 rane 
ted that he ured under delusion, suppesing at one 
were hunting in his r ot 
house was on fire, without any foundation for such fancies. $ 
iy on which the d was signed, and said th 
i Sepsis his ex ion of it left th: = and Evans, Lombard-streets 
with f meals. ten, and | More than he had done? To which he oy ee of London, and Pu ned Saale 
st the Ear of the insurance offices, “to | What they have done—let me alone, let me die.” It appeared, | Where yeaa ances nee akan macro toe pe andressed 
wing made a minute examination of the testator, they | from the cross-examination of this witness, that she had stated | Basse. samsday, era © 
