The Express.
London, England, 1867-01-03 00:00:00

THE POLICE COURT&

MANSION-HOUSE.

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A case came on for heating before the Lord Mayor which
excited considerable interest. It was • summons issued
at the instance of the churchwarden, overseen, and asses-
sors of tithes of the parish of Allhallows Staining, calling
upon the master, wardens, and commonalty of the Iron-
mongol' Company to show cause why they refused to pay
the sum of 1861. Lis. 4d. for the arrears of the tithes or
commutation of tithes on property belonging to them,
situate in the summoning parish.
1 Mr. Poland, the barrister (indrueted by Mr. Watney)
appeared to support the summons ; Mr. Beck, barrister,
attended on behalf the Ironmongers' Company.
Mr. Poland, inopening the ease, dated it was one of vast
importance, and involved the payment of 1001. per annum
by the respondent company to the funds of the parish, in
aid of the stipend of the minister of the church. The mode
of the payment of the clergy holding benefloes in the City
of London was regulated under a statute passed so long
ago as the year 1555,'namely, the act 37 Henry VIIL , until
the peeing of the act known as the City of London Tithe
Act of 1864, by which in lieu of tithes a commutation or
rent charge was authorised, and under that statute an
arangement was made by the Grocers' Company, who
were the lay impropriators of the parish of Allhallows
Staining, for the annual payment of the sum of 1,6001.
This agreement wee come to after full notice and the
holding of a pariah vestry, by which it was adopted.
After this arrangement hod been made the Ironmongers'
Company bedpan! their contribution to the 1,6001., hold-
ing as they did one-sixteenth of the rateable property in
the parish, until they had made the wonderful discovery
that they were not liable to tithes at all, and
therefore were not liable to the sum for
which the tithe had been commuted. It was
admitted that the commutation had been duly made, and
that the rate bad been duly demanded from the Iron-
gers' Company, and it would be for them now to show why
they justified their refusal to pay the amount claimed.
Mr. Beck, on behalf of the company, maid that as the
preliminary facts were admitted, the time of the mein
would be saved if he at once stated that the payment was
not refused from any mean motive, but on the ground that
the company was not liable. Instead of a demand of 501.,
a claim at the rate of 1001. bad been made upon the com-
rzte,lhich they declined to pay unless they were so
by the decision of the Lord Mayor on the present
occasion. He contended, in the first place, that the pro-
perty of the company, oonaistieg, se it did, of their cor-
porate hall, was specially exempted from the payment of
tithes under the act 37 Henry VIII., and that
exemption was continued by the provisions of the
statute of 1864. Under the decree embodied in
the old act of Henry VIII. it was provided that the hall
of any corporate body or craft which was not underlet for
profit should be exempt from the payment of tithes,
and this exemption, be repeated, was continued
by the City Tithe Act of 1864. He further sub-
mitted that the onus of proving the liability was upon
the claimants of the tithe rate, and not for his clients, the
Ironmongers' Company, to establish their non-liability to
Pair. Poland—But your clients have paid for a certain
period, and almost up to the present Urns, and this could
be proved by the production of your own books.
Mr. Beck observed that the boob contained no entry
of any such payment d the last 150 years. It was
true the company had given offering, to the clerp,
who prior to the act of Henry VIII. were paid by
oblations arising from christenings, marriages, and
burials, and by free offerings on saints' days - so
that in London there had not been tithes
raised from the inhabitants anterior to the act of
Henry VIII., and therefore they could not be liable
under the recent statute. The learned counsel drew atten-
tion to the provisions of both statutes, and repeated that
be could prove that the company had not made any m-
onde as tithes.
The Lord Mayor remarked that the question was one of
far too great importance for him to give a final decision
upon. Could not some arrangenlent be made by which
Iran appeal might lie, sndj the question at issue be fully
Poland d this could only be by granting the war-
rantr:sil
of distress for which he asked, upon which the com-
pany could replevy, and upon the replevin the question
could be tried by an action at law.
The Lord Mayor inquired from Mr. Beek whether he wee
prepared to show him that no payment of tithes had been
made by the company.
Mr. Beck replied that he could prove that no such pay-
ments had been made since the year 1719, and for this
purpose he called,
Mr. B. Montagu Burrell, • solicitor and clerk to Mr.
Beck the clerk to the Ironmongers' Company, who proved
that he had examined the registers of the company, and
oould state that there had been no entry of a payment of
the kind since 1719.
In cross-examination Mr. Poland elicited from the wit-
ness that in 1719 the sum of 3s. 4d. had been paid for
quarter's dues to the parish, that this had increased
in 1745 to 17s. Bd., and from 1811 to 1851 the sum paid for
quarter's dues had lacrosse& to 21. ss. 6d.
Mr. Poland claimed an adjournment for the inspection
of the books, and after a dissuasion,
Mr. Beck said be rested his case at present on the point
that on the claimants rested the onus probandi of the ex-
liability of the company.
A protracted argument on this point arose between the
learned counsel, and at length,
The Lord Mayor held that the onus probandi of the
-exemption from liability was upon the company, and there
being no evidence so establish it, the distress warrant must
issue as prayed; but his lordship expressed a hope that
some arrangement should be entered into by which the
important point could be fully and solemnly argued before
another tribunal.
It was ultimately arranged that the warrant should be
suspended until the let of February, to give time to carry
out the suggestion of the Lord Mayor.

Thomas Parker, alias Parkins, • young man, who was
described as a labourer, of No. 3, Westover-street, Stepney,
was brought before Mr. Partridge, charged with being con-
earned, with two others not in custody, in stealing • table
cover and three books, value 155., the property of George
Stephen Bond, and also with stealing two plush shirts,
value 18e., the property of Mrs. Susan Upson, of No. 6,
Catherine-street, Limehouse-fields.
On Sunday evening last the house of Mrs. Bond, No. 85,
Greftonetreet, Globe-fields, Stepney, was entered, and •
table cover, three books, • glass, and other articles stolen
from the front parlour. An entrance was effected by open-
ing the parlour window. One of the inmates of the house
went into the parlour to close the shutters. The win-
dow was then open, and the property was missed. Im-
mediate information was given to the police. About
the time the robbery was discovered • police-constable,
No. 7o K, saw the prisoner in Carlton-square, near
Grafton-street, in company with two boys-one of the
boys was currying something bulky under his arm. Mackay
suspected that they had been committing a robbery and
pursued them, when a boy dropped from under his arm a
table cover and three books, which were now identified by
Eleanor Bond, a single woman, dwelling at No. 85, Graf-
ton-street. The house of Mrs. Upson was entered by the
front parlour window on Monday night, and two plush
shirts taken away. On Tuesday night, police-sergeant Briden
went to 10, Edward-street, Lunente, for the purpose of
suppressing • disturbance there, and the door was opened
by a woman, who was immediately recognised by Briden.
He knew that she had cohabited with the prisoner for
some time. Briden also knew that the prisoner was
" wanting" for the robbery in Glutton-street. Briden
immediately said, " What, are you here ? Where's Tom!"
The woman st once said, " Tom is not here." Briden said,
" I am sure he is here," and went to the door of • back
room, which was locked. Briden forced open the door,
and saw the prisoner in the room. Briden collared him,
and said, " I want you, Tom, for two or three robberies.
I must see what you have here." Briden then searched
the room, in which he found one of the plush shirts
stolen from Mrs. Upson's dwelling, and • quantity of other
property, including • black and white plaid shawl, •
bleu* frock coat, nearly new, • little boy's grey suit, a
child's black silk jacket, a light mohair dress, • flannel
petticoat, a pair of lady's drawers, • child's pinafore, two
ladies' bodices, and four pawnbrokers' duplicates relating
to wearing apparel. Sergeant Briden begged of the ma-
gistrate to remand the prisoner, and said he expected to
find owners for all the property. The prisoner was • most
notorious thief and burglar, and had been in custody seve-
ral times.

W. Partridge remanded the prisoner until Saturday
next.

Tux SPRING Crecurrs or Tea it/DOM.—On the
17th inst. the judges of the common law courts will
assemble in the Exchequer to choose their circuits. The
chiefs have the first choice.

THE. FORTHCOMING HILARY TERM. Yesterday
the lists of arrears at common law were exhibited for the
ensuing term, commencing oa Friday, the 11th instant.
There is a considerable sneer of business, including up-
wards of 100 rules for new trials. In the Queen's Bench
there are three new trial cases forjudgment and 40forargu-
ment. In the: special paper there are three for judgment and
52 for argument, and four enlarged rules. In the Common
Pleas there are 27 rules for new trials, four enlarged rules,
two cases for the judgment of the court, and 40 matte'
in the special paper. In the Exchequer, of errors and
appeals there are five for argument and one for judgment,
eMht rules in the special paper and three in the peremp-
tory; and of new trials, seven for judgment and :15 for
argument. The courts will sit at the usual hour, as the
Lord Chancellor will not receive the judges at his resi-
dence on the first day of term.
SIRIOUS COLLISION IN TEI MBRSZY. —Yester-
day morning about nine o'clock • very serious collision oc-
curred in the Mersey. The Royal Mail steamer Calabar,
Captain Croft, with the mails from tbie West Coast of
Africa, Teneriffe and Madeira, on going alongside the
dock gate at the North-end Docks, came into collision with
the Rosetta (s.a), outward bound. The Rosetta was so
severely damaged that she had to be taken in tow sad
beached near &wombs. The port bow of the Calabar was
stove in • little above the water-line, but beyond this she
sustained no damage. The collision manned entirely in
emsequence of the absent* of the deakmaster from the
pier, and carelmenees of those in Mane of the Rosetta.
LONDON ORWELL OMNIBUS COMPANY (LIMITRD).
—Traffic receipts for the week ending December 30,
11,6721. 12s. 4d.