The Express.
London, England, 1852-08-02 00:00:00

IRELAND.

Ulm 3intellmence.
EQUITY COURTS.-SATURDAT.

Doetl Ills L. 1112

Tr) MIAS OP ELT P. BLISS —Tintss —2 AND 3
Wx. IV., c. 100, AND 3 Ara) 4 Wx. IV., c. V.—ltEn
DIS.—iIIYSKITAXCIL—JuDOSMNT.

This appeal, transferred from the paper of the Lords ins.
stiers,was by order hear I beforethe Lewd Cbaneello►,tbe Lord
Jartiee Cranworth haring formerly expremed an upi .. i ... on
the point at issue when • Baron of the Court of Each..
quer—the natation haring heeo submitted for the opinion
of that court. It was an appeal from a judgment of the
late Muter of the Rolls, giten in 13112. on • question raised
in the pleadings in a suit against onenpiers for tithes—
whether the plaintiffs, not baring pioneered tithes for more
than twenty years, were thereby barred from their claim
nada the statute 3 and 4 Wm. IV., e. 27, the 'taints of
limitations in real actions
• _ .

—....—...-- __.._.._
Ths Oran and Chapter of Ely, under letters patent of
Henry VIII., dated Sentember, 1311, hold the rectori.il
tithes of the parish or parsonage of I..akenheath. Their Lill
set forth that within the titheable places of this pariah there
is a district called Ltkenhcatb Fen, formerly unenelneed
and unproductive, but drained, reclaimed, end rendered
productive under a local act of tieo. 111. The bill then
alleged that this land yielded titheaLle produce, the tith.s
in r. specs of which ought to have been rendered to the
plaintiffs from the 21vt of Lhcember, 1837, by the defendant,
an ircupici of land withi the district of the paid Liken.
heath Fen. The bill also set forth, inter alia, a decree
obtained in 1819 establishing the plaintiffs' right to tithes,
but there was no allegation that tithes had been accounted
fur under that decree; and that the plaintiffs, in 1831, Lad
granted a lease of the existing tithes of the rectory. It
was not, however, alleged that the lease wan granted with
a view to the tithes now io question, or that the Inlet under
the Chapter of Ely paid any thing on account of them.
The defendant is bar pleaded the first aection of the statute
3 and 4 Wen. IV., e. 27, which mat is that the word" land"
shall be deemed to extend to tithes other than those belong-
ing to a spirituel or eleemnaynaty corporation sole, and also
the ,second, twentyfuorth, and thirty-fourth actions of the
same act, averring that the right did not first accrue within
twenty years, mud that the plaintiffs had Lot been in posses-
.loll within twenty years. Lotd Langdale, Master of the
Rolls, allowed the plea, giving leave to the pl.iintiffs to
amend their bill. On the question coming before Lord
Lyndhurst, Lord Chancellor. his lordship sent the
case for the opinion of a court of law, and the
Banos of the Exchequer held is favour of the plaintiffs. It
was again sent to the common law side by Lord Chancellor
Cottenham, and the Court of Common Pie,/ were in favour
of the intendant... _ _
. _

Mr. Bothell (with him Mr. Loyd and Mr. Flti) after
' going into a entice! review of all the statutes be the
legb.lature on the subject of tithes, from 32 Henrye
c. 7, to the present time, anbmitted that 3 and 4 Wm. IV.,
c. 27, wu not applicable to a plea of entire exemption in a
suit for sneer of tithes A claim of exemption could only
be erounded un Lord Tenterden's act (2 and 3 We.. IV.,
&1n1), which requires proof of sixty years' exemption to bar.
To allow the plea war to put a constructiuu on the statute
pleaded (e. 27) that it repealed the former one, wh the
subsequent statute of 4 and 5 Wm. IV., c 83 referred to
that statute as unripened. The cue of "Grant v. Ellis,"
was relied on as strictly analogous.
Mr. Loyd, who was on the same side, alluding to his
lordship's remark on the preceding day, that one counsel
only should be heard cm each aide, when questions of mere
law were to be argued, said he should not trouble the
court.

Mr. Rolt who, with Mr. Eagle, appeared on the other
side, said there were circumstances of difficulty in the
present question, and the tact that it involved a point of
law which had not bee- for a long time one of practice in
the courts, might, he hoped, take it out of his lordship's
rale.

The Lord Chancellor remarked, that he considered it ne
emery to make a new rule on the subject. The legislature
had now taken away the power to send cases for the opi-
nion of a court of law. And be thought that in questions
purely of law, the arguments would be much more compact
and satisfactory if one counsel only were to be heard on
each side. The rule, he thought, would net only be of ad-
vantage to the administration of justice, but to the junior
bar, in affording an opportunity to that. who devote much
time to the study of difficult questions, and in getting up
cams, an opportunity of distinguishing themselves, and of
thus securing the reward of reputation. Ile (the Lord
Chancellor), however, should be sorry if he exercised the
power in any way which did not meet with the general ap-
probation of the profession.
Mr. Itolkwas quite prepared to argue the case on the rulipf
practice laid down. He submitted that the right of the plain-
. tiffs, who were a corporation aggregate,"was eatinguashed
at the expiation of twenty year. from the time when the
right should have accrued under the second section of stat.
3 and 4 Wm. IV., e. 27, and consequently that the plea waa
• valid one.

_
The Lord Chancellor, in giving judgment, said all the
difficulties of this ease had seisms from the mode in which
the legislation on the subject was carried on. Lord Tenter-
den had o sat plan, which he submitted to the legisla-
ture, and which received the sanction of the legislature.
But, in the meantime, the Real Property Commission was
proceeding with its labours, and no proper communication
having taken plate between them, the difficulties arose with
which the courts hen sine* had to contend. The thing in-
tended to be provided for, as regarded tithes, eau two-tdd :
lint, as to the estate, the estate of inheritance in tithes ;
and secondly, as respected the common render of tithes
taking place daily, • mere under of the chattel having no-
thing 'Mature to do with the inheritance itself. The acts
were intended to provide different ways with regard to both
of these. The first of these ute (2 & 3 Wm. IV., c. 100)
only applied to tither a render, and sot to an estate in
tithes. Mesh wettest had taken place whether a mere non-
payment could beset up is diodes:re, without showing any
foundation for it; but it had been decided that a mere
non-payment was within this set of parliament. It did
not provide anywhere for the recovery of tithes ; that was
in the ease of • mere render of tithes, and it was not neer s-
eery to do so, for the existing statute law had provided
outfcient remedy for the tithe owner against the tithe
payer. Consequently, there was no necessity for farther
legislation on that head. la the yew after the 3 cat 4 Wm.
IV., e. 27, was pared, sad the quid., was, whether that
later act of parliament impaled any portion of the former
one, or had lemeoed the time of umeription, and thereby
created • lesser bar as to time in the claim for tithes—that
is, of tithe, u chattel? It would require •
very *rug cue for a court, in the circum-
stance of • statute so trecestly Fused, but which
did net imperil, repeal, to give • comminution which should
have that effect. And he could not Lot out of view the fact
that in soother set, 4 & 6 Wm. IV., c. 83, peeled after
these two seta, the 2 3 Wm. IV. is referred to as if per-
fectly intact. He had therefore to consider what was the
real niters sad effect of the statute pleaded by the defend-
ant, and a great deal would depend on the construction of
certain words in that act. His lordship, after compliment-
ing the learned gentlemen now of counsel for the very able
manner is which they had eciodoctiod the argument, they
entered into close and critical examination of the inter.
premien clarese sad the other sections relied on. In con-
sulting the words so land" sad "rent" he was of opinion
that lead meat tithes, and that the word rent meant •
modes in lieu of tithes. Nobody denied that the statute
applied to the estate of inheritance in tithes, it had there-
fore simply to be considered how it affected the question of
a render of tithes by the occupier. A good deal of diffi-
culty had been nocuiesed by the way in which the word
rent" we used. In hie *sift it meant rent of inherit-
ance, and not mat is the common and °rebury genes of the
term Bearing, thee, the interpretation in mind, and that
the second section of the act provides that no person Wel
enter, or make distreen or kim an Mime for any land
(" land" meaning the htheriMaree, and rest " including
tithes) unless within twenty yean of the right accruing, he
theneht that it was directly opposed to the defendant's plea.
For the word " land " being confined to the inheritance of
freehold, and the word "rent" meaning also Yenta of in-
heri!ance and freehold rents, mast not the word tithe" also
mean the inheritance and nut the mere render? He was
take t not to make the acts consistent bat to set the
we against the other. In short, he was now required
to cat down • clear precise provision in a former act of per
liament (leaviag all others therein to operate), in order to
provide tor a cue which was already sufficiently provided
for. Why should he do so? Hiving that construction to
the *echoes end provisions of the act in question, the 2 cat 3
Wil. IV. weeld remain in tact, and there certain? y was
nothing In any of the subsume t clauses to lead him to
violate the former act. The provision of the 24th section
militated very much against the plea set up by the defend-
ant in this ease, bearing the true meaning of the words
" load" and re t" in mind Although there was much
ealeuleed to embarrass, he was clearly of opinion that the
art dots net embrace the eau of • render of tithes to •
p nun having a right to them. The plea most therefore be
overruled, sad the twee be allowed to proceed in the
UMW way.
The decision below, allowing the p.ea In bar, was there-
' fnre r.

• Oar Dublin correspondent writes as follows:
DUBLIN, JOLT 31.
I deeply regret to say that very gloomy accounts
elate potato crop are daily won't' in from all parts
of the country. It now appears unquestionable that
the fatal disease has made its appearance in every
quarter, and that its visit is much earlier and more
formidable than last year; but still, from the great
extent of the crops that have been planted, hopes are
entertained that an abundant supply wi,l still be left
in the country. I subjoin paragraphs on this subject
from several of the provincial papers received this
dat:
The Northern 1174 mys
The weather during the past week hr Isar fir and
drain, in the highest degree ; autardiegly ear messis
d this morning—estending as they de ewer he Mgr end
lirearith of the provinee—are mese abe=isat.tegeeesetling
the appearance of crops and country r Theft
indeed, one exception es regards messy mod may sore
districts—the potatote—aboat which few ere, sot es to
the amount of present damage, het we ,girds the possible
Mirof the disease. There is ems het meet satisfactory
oPortant, namely. that when ths tuber are stmektd,
it ism a sheht and castigated degree, having a parties st;11
genirady Mt fur sue. lk.roore reeensidee the ordinary rot of
old time than the enalsguaut blight which, as it he but tou
well.haown, poisoned whatever it touched. Os the whet,,
seeing the Pamela. extent of the crop, oar km ee are bleb
the• it will be, under Providence, woad and abundant.
The following general accounts of the crops I take
frees the C'ork F.:meaner :
The weather is inegnificently flue, and very hot and
forcing, so that the snowing crops are rapidly metering.
The country coot:noes to look remarkably well, and our
harvest prospects are most cheering. All the grain crops
give promise of a teountoful yield, but Pits are confidently
expected to prove extranrelinanly abundant. Oar remarks
of bur week still apply to the potato crop, but we incline to
the opinion that the present hot end drying weather is
eh. eking in some degne the progrea of the disease. One
'feet it ("nattily has predated, sad that is, a treat im
prevenient in the ensdition and quality of the tuber, which
has do* h tome dry and mea.y, sod quite fit fur the purposes
of the table. As the process of digging out go. on the
produce. is found to be very large, so that should even a
persons of the crop be Mat, there will still he a con-
aiderahle, acid, we hope, ample supply for Vie wants of the
country.
The Leinster Repress speaks hopefully :
We don't ,seen to soy that the disease has vanished, se
is shut to ranch en irely, hut what we really believe i.,
that it is almost as certain, es any nighty approaching event
sus be, that we ell have a plentiful supply of our much-
slandered, badly-doctored, yet iscomperable vegetable. If
the weather continue as premieres as it bee bees fur the last
week, we are cure of hieing on early and amtedent crop of
wheat. A large area is loud under barley, in consegnence
of oho• good price it h ought last year. Oats will give, per-
kaor, the average yieoel, Tunny', Inangele, and other
green ere" have been xteusively cultivated.
Th« following is from the liresimcath hide-
pendent:
It ie with feelings of a painful nature that we have to
add our testimone this week to the cased spread of dieeese
la the potato Maids in this d.strier. The withered leaves
and werivelled ratio, together with the Offelicle• aired
which email* the p.s.er by, give; canoe to wellogrreesdKl
alarm for the Neel of the erne. Within the past week the
epees.l of the doe use has been more rapid then in any
season that bas .ucc..eited the rammed« '4B—so much N.
that the up.orebruceou of a general failure is not ill Minuted.
We hove visions, within a few der, the counties of Oulerey,
Roevornroon. Lorgfew through
Westmeath and the Kong'.
County, and In all thew ot Reid unvisited by this neloniorty
kin but in a few instance, come under our notice.

in as CODIIIII7.—DHICHAROW or Ma. Comm. •aor

CUSTODT.

EX rENSIII2 [(OSBERT or IRWELLRRT AT MAN.
CtlearElL—Uri Friday, tour boy., awned Walker, Parting.
tint, Janes, so 1 'told. n w. re committed for trial at time
0aa5......• 5 charge at hawing broken into the war haw..
at Mr. Pail Cab ihd, wierchaut,26, Alliert•stnid, and rides'
property morning to a largo salsa. There is a de. p
seller openin4 to sir. et ; the boys had gut in there by
taking out a 'mot, ..1 glee. trim the teller %elation ;
then rent ap Pt lir. sod Woke open this druidism, in ono af
which ri,ey (win► key+, with which they opened a sate.
WIWI,' mete weer ilaianited articles ut isweliery woeih
er 4041 , there Icing iiiamond., rialto, mot Inoralets babied'.
int to a lady, who had entruded theta to Mr. t:oloi.
eh trg . The is y. hat pot aid dates thing., 51,4 were maknig
ow 4011 View... les-se tlity terra .topped by two polo, eta,. 11,
who hoes, ti ein to tie habitual thieves.— iUmacArider
Linio/oer.
IiIiMMAOR Or TOR GREAT JiAARLgM LAKE.—
Thi, *4141 .I,.rk is ramdle amp emehion e..inple ion. Of I.'o.
e te11,...L1 V. I.• f'. o ..le bare been suer...
fatty I ',one I Ittitl, tearing 3 Iket iniehtll to he immix*. • ose, which it in expeetint will he completed by the end et
thin year.

Mr. William Cohhett, wlto hubrew so long in custody
for the non prisment of costa in tba nit of Oldbeld v.
Cohheit, was brought uu from the Queen's Prison on a writ
of bsisess enrol*, in order to be discharged.
Toe Lord Chime,llor intimsted that the plaintiff at whore
salt Mr. Cohheit had beets detained, for non•payment of
earns, h ing consented to his release, he wes discharged.
Mr. Cohlte.t attempted to address the court.
Tn. Lord Criancelior, however, would not allow bin to
de r,, ' rusting thus he was now discharged from custody.
Mr. Cotewtt then left the (stun.

grIATIONA OF LAW.
Mr. fee applied (as al* aadentono) that a Gan, the
aim« ut which we coall ant Year, should be eent for the
Odil on. of a roan of halt.
The Lord Chancellor mai, he was preeluded by the set of
tails mew Inms doing so. ihough he held his own opinion
the etibiece, the act having taken away the power from
ton court, he was Noun • to obey the law.
His lurdauip hlll.ll rose for the long vacation.

ASSIZE INTELLIGENCIL
•
NO111:01.1C CI RCU IT.—lrswicu, JULY 31.
Y.•,h•r..ey ni•ersonua dor P. P bark, Knt., reached this
hy the d3O rOn, 8%.s Norwich, Sir James Parkr,
Kat not arrnwlt till the evensug. Th.• Chief Boron wee
t t•,e rolway butim, by the flitch Sheriff (James
L yd Aneire.her, MN, of Iliatleoham Hall) and about 70
luau, 01C11. oun hoorseheek, the otajority
..t h.., t. •t r ple he 110110 Pd ..f Kindurol, and are tennnte
of 11,10. Sin-rod. 7•he Chief Varna at once proceeded
to the rano-mend toward the outerainion, after which his
lordship attended divine aerobia at the Church of Bt. Mary

THE EXPRESS MONDAY EVENING, AUGUST 2, 1852.

le Tower, where the amiss sermon was preached by the
her W. H. Deane, the High Sheriff's chaplain.
The calendar contains the mamas of about 60 prisoners,
one of whom is charged with the murder of her female bas-
tard child, 1 fur concealment of birth, 1 for cutting and
wounding, 6 are charged with onion' 1 with bestiality, 1
with perjury, I with an unnatural offence, I with tele.
niously ravishing tho person, and anuthi r stands charged
with highway robbery. The charges against tho other pri-
soners areof • minor character.

The cruse list is mach lighter than ordinary ; there being
only seven common jury causesentered fur trial, and Goa
is marked as a special jury.

NORTHERN CIRCUIT.—NswcAsTueuroN•TTNE,
JULY 30.
I CLOWN lloi.—Barnis Wm. Immo WIGEIIIIII,II.

This morning, at 10 o'clock, his lordship took his mat on
the bench, and, after the grand jury were sworn, and his
lordship had addressed them, be proceeded with the calen-
dar, which contained only 21 prisoners, out of which there
were four charged with malicious stabbing, and eight with
highway robbery with 'violence.

STAwitwo.
Johe Evans. SS, was charged with having, on the 13th
July, staibed and wounded Joseph Shanks, with intent to
du him some grievous bodily harm.
Mr. Lush and Mr. Biggs appeared for the prosecution,
and the Hun. Mr. Liddell defended the prieener.
The prosecutor is a papennaker at Sentswood, and lives at
Benwell. Oaths evening of Sunday, the 13th July, between
10 and 11 o'clock, he left, in company with his brother,
Con's p.ibl ic-house at Scotewood, and proceeded towards Ben-
well. On passing some cottages near lir. Green's paper manu-
factory, he saw a greet number of purls together on the
road making some disturbance. They then went a few
yards westward, when they heard a woman cry out
" Murder," upon which they went back. The prosecutor
neat heard some one say, " 1 am struck," and about the
same time the prisoner made his appearance, and coming
up to the prosecutor, deliberately stabbed him in the
thigh, from which he bled profusely and became insensible.
'He was afterwards assisted home by his brother. The
1 knife with which the prisoner stabbed the prosecutor was
afterwards knocked out of his hand by a women who was
standing not far from the p:aca.
Mr. Davidson, surgeon, Newborn, stated that the stab 1
wu both a puncture and an incision wound, about three-1
quarters of an inch long, and half an inch deep.
The lion. Mr. Lictiell, in defence of the prisoner, con-
tended that if the wound was done by the prisoner, then
it wee so at the eaciteraent of the moment, and not with
the intent to do the prosecutor grievous bodily harm.
Guilty of unlawfully wounding.
Another and a eiruder indictment was then preferred
against the same prisoner.
Mr. Selby stated the case, and said that it arose upon the
same occasion as the above, only that he stabbed and
wounded Joseph Marsh with intent to do hinkeome griey-1
one bodily harm.
Guilty. Sentence deferred.
Nottney, aged 21, was also found Grill!, of stab-
bing with intent to do grievous bodily harm, at Alnwick,l
on the 28th F.bruary.
Sentence deferred.

SURREY SESSIONS.-SATURDAY.
ATTEMPTED MURDER.

Jame* Ward, 2S, was indicted for having assaulted his
wife, Tahither Ward, with a poker, with intent to indict
grievous bodily harm upon her.
The proseattriz, a delicate-looking female, apparently far
advanced in pregnancy, was with some difficulty assisted
into the witnees-boi, and with great reluctance gave the
following evidence:—She stated that she had been married
nearly two years, but had no children. Her husband and
herself lived comfortably until the middle of June, when
he turned himself out of work and took to drinking. She
bad saved a little money while in service which be then
spent, and when it was all gone he commenced to ill-uee
her. On the morning of the 26th of Jane he came home
and began to abuse her. She said no• hing to him, but be
took up the poker and swore he wool, kill her. She said
"God's will be done if you intend to kill me." He then
struck her a violent blow across the chest with the poker,
and she fell deluged with blood. She got up and took some
warm water to bathe herself with, when be took it away
and threw it out of the window. He then swore that he
would cut his throat, and took up a knit• for that purpose ;
but some of the neighbours came in and ho ran away. She
recollected nothing further. Complainant hers fainted away
and was carried out of court.
His Honour said he never heard of such a murderous
attack on a female by the party who was bound to protect
her. He had admitted the offence by pleading guilty,
therefore the sentence upon him would be twelve months'
bard labour.

R AT TN, NOOTILWAILL ELECTION.
John Hennessy, 40, wee indicted for stealing a silver
watch from William Fordham.

Evidence in support of the Nan was given, and the jury
found him Gts.kg.
Proof was given by Sergeant Richards and other con-
stables that he had been formerly convicted, when the
Chairman sentenced him to ten years transportation.