The Express.
London, England, 1853-05-09 00:00:00

THE EXPRESS, MONDAY EVENING, MAY 9, 1853.

decided. The insolvent, in whom estate theft is sufficient
property to pay all his creditors, and leave hi* a surplus, is
the lay =proprietor of the Vicarage of Lindfield, in Sussex,
the tithes of which produce about 6801. a year. The Rev.'
Mr. Sewell, when the insivent was in pruon some years
ago, woe licensed by the bishop of the dimes* and per-
formed duty at the parish church for nine years. He now
claimed under the estate 301. a year for about foie years,
and Mr. Mainly resisted the claim on the ground that thi;
bishop had no right to make the appointment, inasmuch as
he (Mr. Naioly) was the sole patron of the living.
Mr. Douse, on the part of the insolvent, contended that
it was a "donative" living from the reign of Elisabeth, and
the appointment vested in the ° donee" of the place, who
was the insolvent, and no one had a right to appoint a
preacher.

Mr. Field, as counsel for the Rev. Mr. Sewell, said the
insolvent was the lay impropriator, and u such was bound
to pay a clergyman for performing the duties to the
parishioners. bie relied on a case is "Vernon'. Reports"
on the subject. _ _ _

Mr. Douse showed from authorities that the right never
lapsed, notwithstanding no appointment had been made,
and no matter what was the spiritual destitution of the place,
because it was a donative.

Mr. Cooke, for the assignees, did not oppose the claim ;
he thought it was one which, inequity, ought to be paid.
Mr. Commissioner Phillips, in delivering his judgment,
said the claim was a clear one. It was founded in equity,
and he should admit it. Here was a reverend gentleman
who bad performed the duties for nine years, and only
claimed for four years. For nine years no objection was
rude. It was contended that the living was a donative,
but the insolvent was described as the lay impropriator. It
was clear Mr. Sewell had been licensed h the bishop and
bad performed the duties of the place. For such valuable
and important services Mr. Sewell had a right to be paid.
His Honour reversed the finding of the Registrar (Hr.
Ingpen) and admitted Mr. Sewell u a creditor.

the note into his pocket. I seised hold of his hand, and took =
from hint the letter produced which Mr. Burchett had "
hlaced under the stone. 1 then told him he must consider
imself in custody on suspicion of being concerned in a
burglary in Regent-street. He said he knew nothiag
at all about it. Oa searching him at the station I found
upon him 25 pawnbrokers' duplicates, and 23 horse-racing
tickets.
Sergeant Hardwick said he showed the two letters to the
prisoner, when he at ones acknowledged that they were
written by him. He gave a right address, and witness
ascertained that he was in good employment at Mena's, the
brewers.
This completed the first charge.
Mr. Counore then very briefly stated that a short time '
ago his premises were broken into, and property of the
value of 1,6001. was stolen. He offered steward of 1001. for
the recovery of the property or the detection of the thieves ;
and subsequently received a letter, wherein the writer
stated that he was one of the party who committed the rob-
bery, and that he was the one who had planned the jobs at
Deine's and at Jones's in the Strand ; and if he (Mr. Cut.
more) would place five sovereigns in • hole in a certain wall
in Smithfield, be would give hum the necessary information
to enable him to recover the whole of his property. This
letter was signed " Sorrowful-faced Carpenter." Mr. Cut-
more complied with the terms stated in the letter, and in-
serted an advertisement in one of the morning papers that
he had done so. . . . .

Inspector Jackson, D Division, thea informed )4. Hard-
wick that several jewel robberies had recently been com-
mitted, and that th• parties who had been robbed bad re-
ceived similar letters to those produced, and if the prisoner
was remanded there was no doubt other cases would be
brought against him.
The prisoner, who offered no reply to the charge, was re-
manded till Friday neat, at 1 o'clock.