The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-12 00:00:00

IN Tur tinonA or JAINVI Nli WCIJ.,KAY.

;Mein 1)AIIPE v moved On behalf or a creditor of the late Sir
Alexander ilieiwell, why probate should not be &creed to Mut.
Idrarned Doctor Mated that the late hte, lltnwell had appouittil
Sir Alexander floswel his role executor, alter whose dealt a will
was frtit d appointing Na 3011( lilt present Sir James Howell, Ban.
a rointw.) his ;Imitator, and appointing S:r James Jkloint.tnnierr
Cunningham, Hart., the Marquis of Queensberry.. and Sir David
Hunter Illair, Han., curators, or Kuridiator, of the said will. 'flies
n. 141 ii-glreted to take out preth:.te, and though tool, c was personally
srevi.sl in this ease, no Apt .4:7 ince had been entered.
Mutton granted.

IN TIIR ...... I$ 111 nuon 1111.1(INSON.

!Meter !,ants urea stated that Mr ;i!son, formerly of
lcua.i, died in Rath, leafing lns broth,T, Thomas Wilkinson,
to. next skin, sole residuary legatee. The decreed had executed
t.wo ciaitc.ls to his wi:l at the (:spe of llood !lone, worming four
egeeurr,, of whom only two Low survived. Those two were cited
in the last to Eppear and allow cause why pro!,sie of the roods
sal rinittels of the deceased should not be granted to the brett:,r.
Ooze was no appearanc.: given, and the I.eamett ltuctor moved tur
probate to be granted to Thomas IVilkinson.—Modem granted.

Di rut Goons or ilex LIAL
Oa the lost day the Court sat, an application was made fiveper.
tiii,sion to talee out of Court the will of the deceased. fop the put.
pest of producing it in the Court of Session in Seotkind. whr, it
was deetned accessary to have it, as large property wan depending
is a rause there. Au the application woo of a novel nature, hit John
!..triaull desired the parties to consult the Registrar, 011 the serittity
to be given that it would lie safely returned.
Jl.uNea on this die stated that the Registrar felt sonie dif-
ficulty in settlit.g the moue of security.
IlLatcri•N —Thcr r are two ways t one to get secunty that it
will be rcterned ; the other, delivering it to the coeditors under a

petwols, aceninpfulied with the cat:heat.: of two medical persons,
which would slimly the Court the representation made was un-
Conn/Ird.
The affidavits stated, that Mr. Pollin was known to Abigail
%Veldt, with I,IIODI he lodged until the 20th October last, and who
considered him to he in a perfectly sane state of mind.
The affidavits of A. C. Webb and Benjamin Laurence stated,
that they bad known hint far a long period, and that they were
present on the 11th of September lasi, at the opening of his lather's
will, when he conducted himself in the must comet manner; that
on that tictaiiou two papers Were fittiflti, alloollrat other titeets.
pealed up, !Kintigh g to the deceased Mr. Pollin, which accompa-
nied their iflfidavits, being letters addressed to the father front Mr.
Warren, the Keeper of the Lunatic Asylum at Battersea, in which
11r. jun. had been et.nlineil, and were to the follovring
effect : " Battersea, July 13,1824.
" Dear Sir,—l shall feel obliged if you win procure ;mother
inflation tot your sou. tei I conceive him to be yerfectle sane at
itre4ent. " L. IV."
Amotor states—
" I cannot let your son continue confined, and request you will
not keep him longer Lie."
Dr. SitibliAti'l also rail the certificate of Doctor Rummel', of
lboser-itruct, and tlr. eletcher. of Chelsea, who stated they had
aecit I • within the last two days, and they severally cone,ived
loin to be in a sane state of •d. Ile (Dr. Stodflart) trusted
t;u delay would take place in graining him letters of
lion., as lie complaitied ut tinfoils injury being alrently done to I •
by the represenuoitms width had gone forth, stating that he had
law:mulct' was of an iinnintal eli.triteter, and WM hot.tiling hi, pm-
perty. *J'etie !thin:m..las he denied to be true; at.d though they
ore, not made on oath, they had been fairly met by the present
&c. ; and the Cowl would see dint the sticet of delay
would be to blast hi, l'ature intnpect, altogether. Ili. Was an alierr
in the army ; ;1,0u;;:, at preatim uu liall.pay, yet looking to speedy,
Sir Jong NICllOl.L—Tlie Court on the last day order.td the
motion to stand over, Ils.ot he might have submitted lomielf to the
inspection of Ilr. Powell, under wham: care he formerly was. It is
no doubt unpleasant for ally petaon to be doieribed as a lunatic,
particularly when he coon, into Court perinnally to disprove it.
But with the fact stated. that ho had been confined, the Court was
h in it to take corn that he should not i..jitre his property.
Its% ior sill s lot Wt., who stated 111.-tter al:: bast tiny, IletC
ton, to oolo:ro,s lips ,'oust. .

o, ....... •......
cioti vt I*--I object to any discussion on the psrt of any
person not Nip. in log i•i the care. No eppesrance has hero Made;
11131 Illy Lli.! Cl/1111,1Uil:h of the statement made as irregular on the
hoot .a occasion. I lowe nu eh:welkin if you say vou appear for any
party.
Irusiti xciros- Theo I apprsr on behalf of ?limy Ilin.
ton, the aunt aril next of hin, and in the statement 1 made on the
last day, in behalf of the aunt, 1 was inst•mocil by a solicitor of
eminence to oppose the granting 'emirs of itdminisoration to the
young flint), stint stated the eircunistaorts respecting him with
..... regret. The aunt in 10 give ally opposition to him
of what was at that time prop..‘,ll by me, and ,what the Court
thought treasonable and join to be *revisits' to, viz.—that he would
11%) !Mai: before the saute Dr. Powell, under whose
certificate Its vas formerly en:doled. The certificate produced ran-
unt have the same CIE, tas a f hint ; and unlsas he
1101.6 K /JO to. we is the court, we hive talion.
:4.1. Nit ii t.i.• -Where a party applies who will have an in-
terest in the pttliterly, whd states the minim is of on insane mind,
a,:11 the kittowlrtf:te of the fact before the Court that he was already
contimil under that inalsrly, and where the 'tome.: are willing to
prove what they stand, the Court arc hound to pause before they
grant him hitters of administration. Jr the opposing liarty prove
what they state, administration will he grinted to then for the
lunatic's interest. pending his lunacy. If their averments should be
disproved then tiny will be derwrid in all the costs.
Dr. STontianic said 3lr. Pollin was then in Court, and offlired
himself fur its examination. Ile considered the nietlicalcertifica'ea
steady produced would have been deemed sufficient.
file. Pullin here stated, by his !hector, that he would submit
himself to die examitialion of lie. Powell.

LPr. I.l.NtoiN wr —2l'll4.ta I plitlz, itlystlf to w:thdraw all op-
position on the part of the aunt.
Sir .1. N 14.1101.1 -- Colin was far from supposing the patty
was insane. and In, did out wish it to be entinderell that it did ; and
the offer ut would remove evti y

INSOLVENT I.:LETOIte VOEKT, 'I'IIL'3I►IAT, Nov. 11.

The following ir martns, against whom no orposition was en.
tend, were &elm.: entitled to their discharge, s it.- -Win. Brock.
in:Von. of Langdale street, St. George'. iu the East, tailor; Henry
!Lanett, of II , Jloundaditch, orange-merchant ; John
Halliday, of M incliin- I I atnpton, Gloueesteraiire, wearer; and W.
Cedes. .

W. 11. Campbell, late of Ilishopsgate-stroet-within, victualler,
wan struck out, he living declared out of custody ; rod Robert Ri-
der, of ireat Surrey-strect, tailor, for not appearing.
The tollowiug w, re discharged. the opposing crrt:itern not ap-
pearing, Janua Rental', Eburpplacc, Pimlico, butcher;
Janies Warm:). of St. John-ntreet, Clerketiwell, coal-dealer ; John
Real, and Chtinea, surveyor and auctioneer; and
Zatintrialt llokler, of bong Ashton, nsmr Dristol, coumnon-carrier.

/MPOR TA NT rrrn E QUESTION—PARISI! OF
ST. ANDREW, IIOI.IIOIIN.

Yesterday this long.pcnding ease (ame on to be heard before
Mr. Sergeant SELLON, and Wst. L. ltou Ent and ALan S.
Latist:, I:sqrs. at llat,on-g•snlen Office.
Alr..lcttrwr.rttt•:a, the Barrister, and Mr. Griffiths, one of
the Vestry Clerks for the Upper Liberty of St. Andrew's, appeared
to Cltlllitirt the Rev. Incumbent's Case. 31r. lIAN )lE/i attended on
behalf of the parish.
The question at issue was precisely this:—The present Rector,
the Kee. Dr. Itercsford, claims a right to exact certain tithes from
certain inhabitants, in evetwin parts of the said parish, end in V 3.
lion■ nts, without rehvencyt to the site or value of such houses,
the tithe, its he alleges, inn being subtracted Win or for the house,
but front told Go the householder or handicraftsman occupying and
residing therein, and is denominated •• personal tithe." It has
therefore I•een kricyl, but seemingly on no fired prineipl... because
1141010 inhabitants appear iti have paid as touch as 265.. :Vs., Ifis.,
and 14Y. per 1111M.111, while others are subjected only to Us. and
and many mine era exempla! ITOIII any charge whatever. On this
ground the parishioners resisted the etinand, conceiving that if the
Rector wan entidtil to recover by law, the elaiiu would have been
equal and universal.
n eon.. quutre dart application made at this office aboutlll months
sire," se) the pail air the Rector. it was deemed necessary to produce
certain books and parish records of ancient slate, to establish the
ground urged I, the Incumbent in support ot• his Gains—namely,
usage titan time nnmrtuot id; and the Magistrates would then be
. to give Aitidre decisive opinion on In:aring the merits of the

lit couttiliance with this requisition. Mr. I iritsths. with great
labour and ',wort It, got together a tulthierous heal, of musty re-
crds, so far bacl as the year 1643, with the inten.viug periods up
Itt the pit-cut time. . . .

Mr.'lllL R l% LT sir a opened the caw. and said lie trusted that
cn objectiona would be raised by the defendants no to the mode of
service or other preliminary forms, but that they would be content
to go Into the malts of to:: question itself.
Mr. lino mEtt sa,tl tic we% quite rode to waive every such oh.
jection, being sutin:ied that no unfair advantage would be taken of
his clients.

Mr. MLREWEIIIEII then said, that they would take the case of
Mr. Wasp. .4 demand hail beta made on this person for tithe,
which it appeared hail been paid by him, or at all events by the
previous occupant of the house in which he now resides, for a
pet id of neatly fifty ream The main question at nume scented to
hint to be, out what grounds was this tithe exacted ? The right of
tithes was of too ancient establishment to 11111111 of a doubt gene-
rally ; and particularly as regarded the present case be could under-
tab, to shea that it was 110 less valid. Tithes WV payable, it is
well known, on ground or land producing eny certain return, and
were. designed as a fair and lawful recompense to the clergyman for
his labours. When those lauds lay near cities, previous to litmus
being built therein, it was to be presumed that they were liable to
tithe, in common with other places; but in consequence of the ex.
tension of population cilia s were enlargi.d, houses were erected us
these contiguous lauds; and was it because the rector's labours
multiplied a ith the Increase of population that his income should
be diminished, which would be the case if the erection of house us
lands that inertia:sly paid tithes was to abolish that tithe? That,
Indecd, would be 1111 unreasonable, a monstrous conclusion. fist
the fart was, the tithe now demanded by Dr. Ilkn.sforil was not
a tithe on the house itself, it was either a composition for a tithe on
land mediae dreinsoniii, for support of the Clergy. which was
established by ecclesiastical decree, or it wan a ismtposition Mr per-
inatal tithe, which was rends-nal initially valid by its haying been
paid trout time intmenuoried ; out either of thole grounds the II:-
ennthent felt his claim supported ; but lie (Mr. M.) would go on
the broad basis of Cll%lOlll chiefly, aril if hi• could, from ancient
%runts, shcw that tills tithe had been so paid. hi: conceivid she
questiou of right must necessarily be inured. l'he Learned Gen-
demon then cited the ease of Dr. Dratit, MD., 11th Coke, p. lii,
This was a case where a matt named Taylor had refits• il the p tvui,
of •ds. claimed by the Rev. as 1101 C, an tie prineq•le al
established usage, due to him out of the defendant's 11111.1111,f5. in
the !WAWA 01. at. Leonard and St. Manih le Grand. lit. it,.
fendstit contended, that the Incumbent could not slicw
authority for the demand, and therefore resisted it. Thy Cowl.
however, after hearing arguments our and against, decided the
'Point in Moller. ihltilled favour, on the principle that it atipet,eil
to hate been an established custom from thole immemorial. H0n..% er
iiliscrved the I.car:”:11 Counsel) it is but justice to add. that
.