The British Press; or, Morning Literary Advertiser.
London, England, 1807-07-24 00:00:00

LAW LVTELLIGENCIL
COURT OF CHANCERY, 'lnv U
3efve his Reams the NI Ayr tit of the noLtill.
DlOOl v. woad A LI. aill 0 rusts.

In this important cause, which lasted in argu-
ment for several days, his Humour pronounced an
elaborate judgment this evening. He said it W 55 a
long cause, and of necessity so, from the singular
defence resorted to by the Defendants, the land-
owners of the parish of Almsbury, in the vicinity of
the city of Bristol. This defence, he stated, was an
attempt to establish witesei in that parish, against
Doiftnr Dodds, the Plaintiff in this bill, claim to
tithes, in kind, as the present incumbent of the
Vicarage of that parish 'These tithes were of grew
value, and th- compoition for many years paid for
them very incnnsiderable. The evidence to prove
such rnodkret, was only a pro:eeJinz, by a simil tr
full to the present, against the landowners, in the
Court of Eseieticer, at the suit of a Doane Toss-
well, the Last incumbent but one, about the year
I TS!). against whom the then landowners filed their
cross bill ; but after proceeding to a certain stage,
those hills we. e abandoned; and upon an agree-
ment between the Vicar and the landowners, with-
out the privity nr concurrence of the patron and
ordinary, ;he then Bishop of Bristol, who united
these two qualities in himself. a small composition
was accepted, in lieu o: the tithes in kind. He could
tint hesitate in pronouncing these-proceedings. in Dr.
Tosswell's time, a szene of c.illitsioo lain beginning
to end, with a view of making such fraudulent and
ielitions suits the grounds of future resistance to the
payment of tithes in kind ; for while at pretended
hostility with the parishioners, and carrying on such
a scheme, under colour of proreeling in Pqnity for
his claim, be was in the continued habit of receiving
compositions From them, w:tfch they had raised from
five to six pence in t'w pound, and so in prvortiort
upon all tithable articles. under the agreement b•l4-0:e
mentioned. He came to the parish in strid friendship
with the principal against him ; in the mock proceed•
ings, he always, in consignence of such friendship.
refused to take issues to try his claim, when offdreJ
to him by the Court ; and there wis conclusive evi-
dente now, from the deposition of Dna To.tswell's
son, which was produced to establish ancient
books, in the father's euctody, as leading evidence
in this cause ; but which books were not proved
properly, so as to be admitted ; and went, when
viewed, to demonstrate the fiaud of the father, as
well as the non-existence of the pretended inedrites,
attempted to be established by the Defendants, who
produced these books.• These books we- e in l)o1nr
Tossweil's possession, at the time of his pretended
snit. ar.d they only :hewed compositions, which to-
saily ousted all idea of anifisses. Fraud and cnllu-
&jots were not to be enlleaed from any agreement
between the parties thereto, but from all the cir-
cumstances of the case. As well might the conn-
ive plea, in eie Spiritual C;ourt, of the Oldies,' of
Kingoon, respelling her marriage with the Earl of
be deemed lawful evidence ; it was like this
case. He never beheld a stronger e ise of collusion
than the present, and felt no difficulty whatever in
pronouncing a decree in favour of Dodos' Dodds,
the Plaintif. for his tithes in kind, according to the
prayer of his bill.
Decree for the Plaintiff.

We ondertund that Du for Do3ds, who was pro-
sent all the sane, gains by this Warm, a sum of
90001. per Annual, in additiwt :o

COURT OF ADMIRALT Ca-env-11,4AL, :rotor 21.

Afire the LORDS CONIVIIIOIIIIII APPE•L ie
Friar Caatell..
NEUTRALS.

MAIATINIUS, and Of bit ■e►e&mig rhif
Irene, A►►EI.LAITs

_ -
Atezenoth Crarest.t, L. 17. Ciamiseadee spf
lbs
Majesty', ship Are, R rseots nos e.
This was an Appeal from the High C net of Ad-
miralty, agaiast a Condemnation of that Court, of
the ship Ire,e, bel mging to the Appellants, as law-
ful prise to the Respondri.rs ship the "Slides...
In the year 1i503. the Elbe roan declared by His
Majesty to be in a cats of bbckade, by a squadron
of His Majesty's ships, and the usual notification
of that circumstance had boa made to the several
for-ign and neutral powers, by His Maj-sty's then
Chief Secretary of State for Foreign Atfairs (Lord
Hawk:nitury) ; in co .sequ.enca of which it be-
came the duty of vessels sailing under neutral flags
to observe the maritime laws of blockade ; and Its
Majesty's ships of war were consevently autho-
rised to capture, as lawful prise, all neutral ships
violating or attempting or endeavooring to violate
such blockade. It appeared in the present case,
that the Appellants were Hamburgh and Pius.ian
neetchants, and owners of the ship Irene, which
was bound dite.2 from Archangel to Hamborgh.
She sdled in the month of Atignst, t Sod, and ar-
rived of the Elbe in the month of Noveaier 161-
lovein.l, when she was espiured by the ai.ort4sr,
one rf the blockading ships, and condemned in
• the Court of Admiralty as lawful prise to the said
ship, upon the grounds of the master having do-
cuments in his possession, sheering that his owners
were acquainted with the blacked* previous to his
arrival of the Elbe, and therefore the Court of Ad-
miralty considered he had violated the maritime
laws respeatng blockade, and con•equently became
the lawful prise of the captors.
Against this decree the present appeal was made ;
and, oa the part of the Respondent, the Ki ma's A c•-
•ciCare, (Sir John Nicholls), wad the ATTnilit
V-
Getrea.tL, contended at some length, that this decree
should be alSrmed, upon the wenn is that the cap-
tured vessel had violated the laws of blockade, and
was therefore lawful prim to the captors. From the
ers produced before the Court below, it evidently
Ale tared, that the owners of the captured vessel
weseeware of the blockade of the Bine, and that
they directed the Captain of the Irene, if he should
be warned of by any of His Majesty's cruisers, or
by any other ships, be should not attempt to pro-
seed to the Elbe, but make for some northern port.
Having this intimation from his owners it became
the Captan's duty, upon knowing the fad, to
change the coarse of his voyage, and proceed to
some other port ; instead of altos, it was coLtend-
ed, that at the time of the capture, the /.rite was in
her due coarse for the Elite, and her intention was
evidently Is mil up that river, is violation of the
blockade. The Learned Advocates pressed the tie-