776 THE GARDENERS CHRONICLE. (N° 47. 
on any gar ny button a -hole on —— r bound with | statute for double the amount of the tithe. Mr. Bi 
the average. The lowest ie be —— gh mings jah many Jey oun ere dan nysbst buttons or | had no wish to proceed vindictively, but was pers however 
and a » half. The father of this race ro who _was | button-holes. However be might apply tot tie b buttons and tk. | sesiatieasa seaviant. Of Sin gle ‘tithe. Mix: Ficqueien Bye hag 
ton-holes, the present plea could not be to the action. | and said that he had n upied the farm till 1838; he hea 
f the latter being very | —Rule caaret 9 ane ake he anes, wens for . Mr. Green, and he did not sever the 
Fang . Travis.—Mr. Hayes moved for a rule to crops. As to the remark tha’ ere was no desi 
tall, whilst the oie is = comparison diminstive. Abo at ore cies fe a. amed ee ace confined - Lancaster gaol, | against him vindictively, he had been proceeded neat oe 
Y amily resi- should Ce te Pe amstted to bail. He was in custody on tring dictive manner, as he should prove in another place. Sir H. 
Shece near Ca rlisle, and on the sons visiting - city, | of having unlawfully wound mee bay horse, ‘oe property o: Jenner said, it had been clearly proved that the defendant had 
which they did, walking two vera bs Wo, ai rm, - Entwistle.—It appeared from the depositions that the felony om occupied the farm in question, or had held himself out to the 
H tance s much attent The al place under the paps | circumstances: ~The father of the pri- | promoter and to the world as the tenant ; that he had paid 
ercumsran mn Pe 25 son: er F pos ssessed mall far at Butterworth, in Lancashire, and | chial taxes, and had had an allowance made to him, as the occa 
only: 19 at the time of her pa ia she died about, | 2 Ses istle was out hunting, and had occasion | pier, for a dog employed to watch sheep. The Court therefore 
> sgonths S$ ago 0.—Leeds Mercury. pie wd dogs were proceeding, when the hunts- | pronounced for the value of the tithes due to the rector and 
~ Preservation of Milk.—It a ti- | man ag on Fey cry ig ithe dogs, as if they were being hurt, rode subtracted by Mr. = at on agg Ry? ai a ress an it was 
. up, and ‘ont the prisoner attacking the dogs with a pitchfork, | bound he mstan ndem - Fife in the 
nental j urn that » Russian chemist, named Kirchoff, and saw that pte had run the fork through one of them. Mr. costs decasioned by his oppositicn, oe eae | the ° moderate d- 
who some time since discovered the process of converting | Entwistle then came up, and upon telling the prisoner they would | mand) on behalf of the rector, in this court andin art below 
i i risoner immediatel fe ains = 
starch into sugar, has recently made several experiments | ner the fel the pis : ved bicors . ,° oe meres i Eco pie ni - TATTERSALL’S, TH "= ious nm 
on milk ; from which it appears that that fiuid may be On behalf of the prisoner there were affidavits showing that his | t- day, 7 teting ‘being “aul in the. extreme. The only Derby 
preserved for use for an indefinite time. Fresh milk is father = Senet great injury in consequence of the hounds | bets oe were, 13 : gst Mr. G. as lot, Spa to lagst c. out 
— —, by a very gentle heat till ‘it is reduced going over his farm a as t he ha me a notice to be — of ld’s dam, an nd 800 even en between Nessus and Ballinkeel, 
ci tod persons no o trespass on the farm. Mr. Entwistle ARK LANE, Fripay, N The a trivals of English 
* W df ly 7 d been seen reading this notice a few days before this, and after day 8 
well § topped for When required, it need ee je moan read it, he opened the gate and rode into the field, upon wheat sn ge Figo A peapen mae eine con, tee id Sea 
Hinted with a sufficient quantity of water, pe the mix- | which the — 's brother told him he was trespassing, and he verylittle business transacted in Foreign, wae is held ‘at torte = 
ture will have all the taste and yreyertion of new milk. rode out. occasion he had been told he had no right —Barley is a dull sale, and rather lower.—Boiling Peas 
there, but he eeasiaten } in riding forwards, and went towards the LE dewaed but begat erie are very unsaleable ; Maple and Grey 
Yat. prisoner at full gallop, and it was believed that if the latter a remain the same.— Beans are unaltered in velue. id herei is asteady 
not put up the fork, Mr. Entwistle would have rode over him demand for old Oats, but the trade for new Trish is 
Covrr or Common Pieas, Tvespay. (Sittings in Banco.)— | Rule grante BRITISH, per Imperial Quarte: ae 
Berry v. Lindé a Bear case came before the Court as a special CourT oF “Excnuaven.— Bark Clerk, v. The e € Wheat, Essex, Kent, and Suffolk White 60 to72 Red 
case. The ques' aised was to try the sufficiency of a notice | missioners.—This case, whic! vane ed a question of Pte m aaa Norfolk, Lincolnshire and ¥ vara i ‘tie SOO he heed 
to quit. The ras had taken possession on Michaelmas-day, portance, arising upon the rcoesatructions of the Ti! grad o mmu- | Oats, Lincolnshire and Yorigghire ae rage iling a Le bene = re - 
1823. There was no pt but the draft of an agreement to take | tation Act, came before the court on demurrer, and was argued | _— [caren tetas — Wel o> 3 ath 24to 25 Potato 22 to 23 
alease for 54 years, 0 other term, and certain letters a by the gir arog see on grec yar a iecnawh commissioner, = Irish Pe ee ee a 18 to a Potato 21 to 95 
with, were produ ateorg “Tw years before the termination of | and the Attorne meral on be of the plai e facts | 3y< ee SR Ae. 
five years, the tenant wrote aye ae: in which he offer ean give involving the question of law were simply that in opposition to —S es tidied” iw ve pe Ma i Winks. peel ee 
an increased rent if the landlord — make certain al ions, hd plaintiff’s claim for tithes, a party in the first instance set up | Peas, Wh: 1 a0to044 Maple 351038 Grey 36 to2y 
and ai chaelmas 1827 such increased rent began to ae eee modus of six shillings and eightpence in iew of tithes, and his WEEKLY IMPERIAL AVERAGES. 
Upon that state of facts the prorat enay patent ede ace y _ notice to ian to exemption on this ground was ertained and deter- honk Hesles| Olas P es |S 
quit should be given on Lady-day or Michaelmas-day. On the } mined upon by the commissioners. The ane party afterwards | October 8 . . - wt i aiae| at 7 | 10 ae Ia 
me hand it was con seended, that the tenancy  eoannsen on | set up a modus of six shillings, and referred this question to the aan ial Ta ee Sr | 1 6 | ai 8 3| 38 6| a8 3 
Lady-day at the as of 64 years, and that the notice to commissioners ; but it was said that they w d not to en- — 2 . 63 | 31 6) 21 9) 35 0) a7} 306 
quit —— to have been for that day; and on the other, that the | tertain it, on the ground t! had previously decided on the Nov. ; ‘ ¢ | . cf = ¢ | = : 2 ‘ s 8 
ears, OF coche term, was rendered nugatory by the | question of moi nce to oh. one e land, and should hi a - 1 6 | 3 4| 2 8 | 40 2| 4031) at - 
Fooruaasi agreement to occupy at an increased rent, conditional | that decision conclusive. It ended, on behalf : = | 
m certain alterations being made ; and, that as the new cy | plaintiff, that the object of the act tae on ich the commissi Baa 6 weeks’ Aggregate Aver. 63 1 | 2 1 | aii | 37 30 | 39 9 | 39 7 
enced on Michaelmas-day, the further tena continued to | were constitute ibunal for the investigation and decision ry Tawa al mw ern rai ie 
y fro aelmas-day to Michaelmas-day, and the | of questions o jus, would be ii degree defeated, ot Se eee 
notice ought to have been for Michaelmas-day.—Mr. Serg. Wilde | ties were allowed to set up one claim of modus after Lapiases had — OF THE WEEK. 
peared for the plaintiff, and argued for the insufficiency of the | been ee and decided on, and that entertaining a second INSOLVENTS.—G. Hudson, of the Isle of Thanet, Kent, victualler—I 
.—Mr. Erle contended, on behalf of the defendant, for its | claim n excess of jurisdiction; whilst on the other hand it | schwabacher, wine-merchant, Minories. i “ ae 
sufficiency.—The Court lad no doubt that if the new tenan was sinclate d that the legislature could not have contemplated the BANKRUPTCIES SUPERSEDED.—J. Bradley, Huddersfield, iron 
ermination of f the rig) i i Mercha r. Fraley, Bristol, eo diaper. 
on Lady-day, 1829, on the t ion of the 53 | injustice of depriving persons o} t of setting up different | chant—J. rchant, Bristol, cooper—N. : 
years, 0 quit should have been for Lady-day, even | kinds of modus, although one may have been imperfectly or im- | perchamt G, Bugg, of 6, Exinouth-surcet, and, Wood strest, Clerkenwell 
though the rent had been paid‘on Michaelmas-day ; but it was of | properly claimed. rd Abinger said his own eaeeinr satis- | Carpenter_ W. Straker, of 443, West Strand, bookseller—A. M.Soulby, of St. 
opinion that the tenancy was a continuing tenancy from Michael- | fied him that there was often great difficulty and nicety a estab- | Mary-at-Hill, wine reg Winagerg an and F. Mountford, “ Bath, 
mas to Michaelmas, and therefore the notice to quit on Michael- } lishing a claim of modus, and it would be very ae i party Sea ce Hill, bags w. A. oe pckess of ¢ Se ee nee lentes, meee 
mas-day was quite correct. Judgment was given for defendant. | who had once stated his claim aan imperfectly than he. might aibeans Weekacte®: igs Sardi LWVi Rapeseed aes mr betbatepener 
Wire Caaterazon's be the seated bad bia Chancellor of | have done, should not afterwards have the ae to state it in a | bookseller—J. Nightingale es Rusholme, Lancashire, innkeeper—T. M. Jones, 
England.)—~In re Wallace.— His Hon med this petition, | more perfect form. The Legislature provided an appeal to the | of Yardley, Worcestershire, merchant —H. Greves, late of Kenilwerth, War- 
from h crite rire Patric’ tithe commissioners, summ: and convenient juris- Mee age none of Hanke ee ant W. Moma ae 
and his ‘ our readers will re . | diction than existed previonsly for the trial of questions of this | late of Roldey, Yor ‘ clouh namutucturer J. Cali, der oc ena 
were convicted sported some time ago for the felonious | nature; but this appeal was not to have a different effect from pense 8 Bugs. Varkshise, —F. Brittan, ristol, ‘weclien ofa ek 
destruction of the Dryad in 1839, he fi Li 1 | that made to the courts of justice on similar questions before tl . ockle ae Colliery, ra Houdshive, cont master and iy mber and pastes 
to Santa Craz, had received from the assurance companies upon | passing of the act. The words of the statute should indeed be a6. eunky af Ch apace Siegrente aes a Seale ae re ernett at 
os sce nr they had effected ‘ip, was at | clear before he could suppose the Legisl to have intended -ouder-house, Yorkshire, cattle-deal T. Farris, East-street, Manchester- 
a of it, into an investment of 917/. in the -and- | that a party who had once s m of mod; luded | square, yr ne a Grabs }. S. Streader, Oldham, Lancashire, con- 
a Cents., name of Patrick Wallace; but of this | by the decision that from submitting a differ question | tactors for pu . P. Coltherup, Koc eri ent, dyer and nw 
~ eee sllowedt to out 1061, to y ahterwards. we no such words in the statute now under Grtainey Kens Hertordy ns oa G, Barents Oe pre nests eae ane 
expense e conviction. ‘o- | con: wi ore of opinion he commis- s N. Bea ston, leather dressers—J yer, Chester, 
thers, an application was atin a Chief Justice Tindal for the | sioners would not ex their jurisdiction by entertaining” beast Hannay, Gavendinb square, weeks 7. Spencers 
restitution of the rest of the property under the sth George IV., and that they were bound to paeten it. Fhe jotemest suites, Giemise J: Wide, Rugby, Warnick, Curt ee an, feahaes 
cap. 29. But his Lordship was of opinion that Act did not apply | should, therefore, be for the defendants. Baron Parke was also | “{2*"ty timber merchant —J. Garry, Manchester, rece found Aer yle-aviees, Ar 
to howe case, — pang an application to the Lords of the bod opinion that there was nothing in nthe Ret of P Piritment's which gyle- -square, ‘Miadiesex, ais ; and chapman_J. Ford, Stockport, hat manu- 
easury. s accordingly presented to the Trea- uld be construed sa th a pro ohibition to the commissioners to en- | fac der, Moulton, Lincolnshire, coal merchant_S. Chadwicks 3- 
sury, to nehieh 4 5 an — ting returned, that the property having posta dy a separate arising out of the same land. If a p' Chad ricky ‘and Pa. Chadwick, Leap Anbockite og te oe ae 
been fraudulently obtained, was not fo felted, a and that the ones set up a claim onatineade. the commissioners had power to | “Scoicw SOUR TIONS kt Hall Of Troon, merchant and ship- 
did not claim it. Under these circums' this petitio: mulct him in costs; they had also a discretion as to the time | chandler—J. Knox, of Silverbuthall— P. Hedderwick and R. Rankis, of 
presented, in which the Wallaces were seine as m Bes triese when they should entertain any rates submitted to them, but | Lancefeld and Kelvinhaugh, Glosnat—I- Macdonald, of Blair Iron wer 
of the property for the proper owners, ‘cates two insurance compa- | they had no discretion which entitled them to refuse to entertain 5 ae ee ee ee whine, books st me ascacma on burgh, 
nies, and praying the appointment of one of the officers in the | a claim, Lge on the ground bo a different claim had been | jnanufacturer—J. Brown at aS A Sasroe was 
bank to transfer the stock in the place of Wallace. His Honour, | previously decided upon. Baro Gainey was inclined to think, a 
in consequence of the statements in the petition, had had an in- | when case was first modtniys decision of the morte tbie House, Dumfri Am ge iS of 3 
tervie hief-Justice Tindal, and he could not but ion the question of modus in the first instance was con- | 333%. Chasione "Derg, ean a ad ae tea Oar ime inst at 135 
with the uastice that the stock had legally become clusive ; but the argument had removed that ii he | Mari erg Brighton, Mrs. W. A. So cate son—On oe eck inet sm 
perty of the felon, and was forfeited to the Crown. But as itap- | now concurred with the other members of the court. Baron Charles-street, St. James’s-squar Vv. K. Hedges, of a daughter 
peared the Lords of the Treasury had adopted a different opinion, | Rolfe had no doubt that the commissioners were bound to enter. | the 1h inst. Mrs. T- pul: Geneheetscets Seles De Ae hier One 
on the ground that the felon was a trustee for the petitioners, | tain the claim. ¢ was meant to substitute a rent charge tah inee Soaks Briar, aes i y; ny of Ht D. is vthy Bates of a da S 
and as the petitioners had moral justice of the case with | for ae kind for all time, and it would be monstrous injustice | ter—On the 1.th inst. at Union-dock, Limehouse, Mrs. J.T. Fletcher, fs 
f them, he thought, at ail — i: should be doing justice, and | to prevent a party who had set upa besten claim to modus from | °1—On the 17th inst., in Buston-square, the lady of W 2 eta kson, pore .- 
not violating the law, by making the order as setting Uy up aright one afterwards, because a summary jurisdic- | $0 —On, the (th insta in Nore eee pe ppliigar tg ene 
Rois Count.— Ravens ¥ ~ Taylor .—In this case, William Man- | tion was given instead of the ordinary Tegal tribunals. Judgment ARRIED.—On the 3d of July, at erabad, in the East Indies, at the 
pose ed his a a four sagged of land, — at Wilbarston ee yer tonionin ‘ house of Capt. F. Warwick, C. Humphrys, Esq. to oy youngen daca 
ham) i‘ taining 50 acres, purchased ly v. Solari. y Alderm: pn Bebe. .5 e late J. 2 en, Esq., of t on, East India Compan Te W. Patch, 
a close sitoate at Wilbarston. aforesaid, | one of the directors of the Argus Life Aasuran to | mst St; Giles’, Camberwell, Eiizaberh Patchy nines of re Walwrrth—at 
Dixon, the three of his niece, fee, wer back 197/. 10s., paid to the delectient: who is S the widow | Southampton, on the 13th inst., T. Stephens, Esq-, eldest scn of the late 2 
annuities, and he gave and beq: ed all the resi- ecutrix of Mr. po i life. The | Stephens, Esq., Rear-Admiral of the Red, to Mary Harriet 24 beg fae os 
due of his real estate, if any, including an estate at Wilbarston, | facts, which were referred to in our last, have already been be- | G- Adams, Esq., member of . ra ere byaia, eldest 
which he had contracted to parehase from Sir J. H. Palmer, Bart., | fore the public. ‘The interest of the case hinged on the alleged | $u,gny?? —_ ee of goign ys mg Bg May, at 
and his son, and all the rest, residue, and remainder of his per- | fact that the payment was made under a mistake, in forgetful- | Thu: yeas on the Taper Ha funter, New South Wales, ‘Capt Darvall, ates 
sonal estate, of what nature or kind, subject to the payment | ness of the fact that the policy in question had lapsed, and this | 57th Regiment Bengal Native par ‘antry, eldest son a of Major Darvel ee he 
thereout of his just debts, funeral and testamentary expenses, | action was brought to recover back the amount. The jury hav- | 2" Dragoons, to Sophia, eldest dwughter of the } a 
and legacies to Thomas Stanborough, Jane Talbot, William found a verdict for th Ss bare a rale granted for a DE aes a riot Be rae ne Hamoahire. Port Adelaide, South 4 
Northcote, their heirs, executors, a and assigns, to | new trial on the groun n, and also that the verdict | tralia, Thomas Pratt, in the 25th year of his age, only, som pot the late Mr. , 
be equally divided between and among them, share and share | was against oe The co aches Er opinion that the ques. | Pratt, of West Ham Abbey, and grandson of the late R- Caringits. | Shir, 
alike. Bya codicil to his will, the testator, after reciting that he | tion had not been q) rrectly left to ~- jury. It was laying ecco eg rag a Celeear On the, Tet of Ju mos De Ezq., aged 38, of 
had, by his will, in the devise of the residue of his real estate in- | down the rule rat ig rm senats to say, if the company had the | apoplexy, the elder son of the late J. Danvers, Esq., of Richmond, Sobrey—At 
cluded the estate which he had lately contracted to purchase of | means of knowing that the policy had lapsed, they aaa not re- | Calcutta, on the 2d of September, David Carmichael ds Esq. onthe Mth 
Six J. H. Palmer and his son, revoked so much of such devise as | cover money paid under a mistake. Here it. was probable barigie eee ae eaves aie toy Peer ipes sees 
ieeeer be gaveued x eo to = asta eo and in lieu | that the company or their servants had forgotten the fact that uae of igi hin 7th year. ky ’ 
nd devised the same estate to the same uses the poli lapsed when the amount paid; ae act z cTs ID 
ae to the cory annuities, and in the same manner in pabors —— Lage dagen arg here must be a per pint Bae INDEX OF ‘THE reer i eee raoni 
as he had in and by his said will giv: en and devised ~ for a new trial. Aberdeenshire Hort. Soc. « 750 et ouses, obs ervations Ps = 
said four closes perigwt d at Wilbarston aforesaid, and which w ‘Anes Covrt.—Fife against Blunt.—This was a case of sub- | Agricultural and Hort. oc: oF en venosa Se 
described to contain fifty acres, Lager of William Raasicey. traction of tithes, promoted by the Rev. Henry Blunt, rector of ioediasct- Oe °F 780.4 | Mice, their destruction wth |. 788 
and his othe: oo ben at Wilbarston aforesaid, purchased of Mr. | Streatham, against Mr. Henry Fife, to recover the pee of . Essa Agricultural Soc ety - i SR stg Siac ae sd, aes on 
Th r died in the pains 1832, and the question in | called Bridge-house Farm, of 90 acres arable lan Apaites ienesibes hor ety ® ‘ Ciead 
ether the estate which had been pur- | meadow land, occupied and cropped by the tessa, ator ta had Carnation, run, returned to its 2 i ite ect os qahe 
and his son was charged with debts, | carried away the crops without setting out the tithe, in = years | _ perfect state lath md Wh i ate di foe 1 738 . 
1 expenses, and the legacies given by | 1837 and 1938, wpe — nted to 55. per year. uit c som Lorene aaa aii - 7 AE tame Apne make — 733 
Tt was by some of the parties insisted that the | menced in the Com! ary Court of Surrey, which rejected Cotten. Gardens, No. ‘SLUL. : fas | Pears jaar for planting. 735 ¢ 
ocation of the beneficial devises to the residuary | defensive allegation "offered by Mr. Fife, which set up that ie Dahlia roots, to keep « 8} the varieties + TES 
ving the sereptshatees | wae the estate unaf- | was not the real oc ed of the farm, but merely ee it for | Desdus is: I i. se aie wae ne "wendeacy to week ig 
that estate was not f another. The defendant appe: aled from the rejection of the alle- a 7 light . 198 
for » funeral and testamentary ex- | gation to this court, which affirmed the sentence, Nolte that if te bonn ee aah Macien ation, arke os 3 ” 
tele acon all the facts were proved, they did not exonerate Mr. Fife from | Ploricaltual Society « > abe Rosenmalles® “Slings ogy Se tte 
Perth Tims Banco.)—Goodman v. Mor -ue the claim for tithe, inasmuch as he held himself out as ostensible | , re emariks on Or) a eradvew's Hort. & Flos. Sat: <7 
was an oe pie sold and delivered by the plaintife oceupier, and had severed and carried away the crops, At the Beecirecanes aoe ferpect ruin Hq | ‘Thermometer, anew kind 
defendant ‘put upon the record a plea that fi the instance of the promoters, this court retained the cause, which their ripening, hast ened | Versailles Hort. 50° 
clothes had om them beige og and button-holes which | was suspended for some time, owing to the difficulty of recover- by ringing iota hee eee ereacnent oo 
‘with cloth, frieze, camlet, and other | ing the costs from Mr. Fife, who did not pay them till he had ee . ae Winds the ir effect on the a 5) 
x i Hollies, ae adlees om shows summer be | 
a moved for a rule | been taken on a suit de contwmace capiendo, and imprisoned in 
struck out, esErine Horsemo -lane ga answers he libel were 
judgment it, on ‘arth 
“4 m 
eh . Bi id Evans: sab ae them 
the and ihe erecincd of Whiten = the city of Z Lonion, rand Praliehes by leeene 
pomp are sateen y the Ormacn, 9, Cuanine crash, Covers Gane Sg be auasceres #2 O 
€ vayertisemients 20 
Sept, 1722, it should not be la’ awfal for ee ia Come 
