The Sun.
London, England, 1849-11-20 00:00:00

ROLLS COURT.-(THIS DAY.)

BLENKENSOPP V. BLENIEENSOPP.
The arguments in this psrt•heard case were resumed
morning, and occupied the Court the whole day.

VICE-CHANCERY.—(THIS DAY.)
(Before the Vice-Chancellor WIGRAM )
ATTORNEY-GENERAL V. LAWEEL—JUDGMENT.
His HONOUR gave judgment to-day in this case, the
arguments in which wore concluded yesterday. The
case came before the Court upon further directions, and
the question involved relates to a legacy given by Miss
Ann Burrell in favour of the followers of the late Ed-
ward Irving. The information was filed upon the rela-
tion of seven persons, who were described as ministers
of the seven churches of the late Edward Irving, claim-
ing an annuity of 1001., which formed the subject of the
bequest. The testatrix, Miss Burrell, of Southalls, in
Middlesex, by her will, dated in 1836, after bequeathing
certain annuities to persons whom she named, be-
queathed a further annuity of 1001. in the following
terms:—" I direct my executors to pay into Messrs.
Drummonds', bankers, 49, Charing-cross, a clear yearly
sum of 1001., for the solo use and benefit of any of the
ministers and members of the church now forming
upon the apostolical doctrines brought forward
originally by the late Erlwsrd Irving, %he may he per-
secuted, aggrieved, or in poverty for preaching or up-
holding those doctrines; or half the sum may be appro-

priated for the benefit of the church founded by the let
Edward Irving in Newman-street." The testatrix died
in 1845. The defendant was her administratrix, and
claimed the amount as her residuary legatee, upon the
ground that there was not any charitable bequest. When
the case was brought before the court, on the 18th of
July last year, it was referred to the Master to it:quire
and state what were the doctrines referred to in the
will of the testatrix as the " Apostolical doctrines
brought forward originally by the late Edward
Irving," and whether " there were or was any
and what persons, !or class of persons answering the
description contained in the will of the testa-
trix, as the ministers and members of the churches
now forming upon the apostolic doctrines brought for-
ward originally by the late Edward Irving, who are
persecute, aggrieved, or in poverty for preaching or
upholding those doctrines;" and what was the church
described in the will as " the church founded by the late
Edward Irving in Newman-street." The defendant was
directed to pay the amount, 3 5541. Three per Cent.
Annuities, into court without prejudice. The master,
by his report, found that Edward Irving was formerly
the minister of a church in Regent-square, in connexion
with the Church of Scotland; that in 1832 he ceased to
be such minister, and his connexion was dissolved by
the act of such church; that he continued thenceforth
to have the pastoral care over a majority of the
persons theretofore communicants, who withdrew
therefrom upon the ejection of the said
Edward Irving, and became under him a sepa-
rate congregation or religious society, which has ever
since continued, and still continues to exist; and there
are now divers congregations and ministers belonging to
such religious society established in London and else.
where in Great Britain and Ireland, all of which hold
and profess certain lawful doctrines and tenets, called
epostolical, which were taught and prominently brought
forward by Edward Irving during his life; that the
doctrines referred to in the will of the testatrix as the
apostolical doctrines alluded to by her were those of the
permanence of the gifts of apostles, prophets, evangelists,
and pastors in the church, the doctrines of the right of
the church to the continuance of the miraculous powers
and gifts of the Holy Ghost given on the Day of Pen-
tecost, and the doctrine of the necessity of the presenco
of this fourfold ministry (including that of apostle) and
of these powers and gifts in the church, for the purpose
of preparing and perfecting the church for the second
advent of the Lord Jesus Christ : all such doctrines
were taught and insisted upon by the said Edward Ir-
ving, and were founded upon the doctrine of the true
humanity as well as divinity of the Lord Jesus Christ ;
that since the separation of Edward Irving from the
Established Church of Scotland, numerous churches, to
the number of this ty -five or thereabouts, had been
formed in England, the worship and discipline of such
churches being conducted by ministers known bythe name
of apostles, assisted by other ministers termed prophets,
evangelists, and pastors; and the total number of com-
municants of such churches, besides those regularly at-
tending the worship of such churches, was now not less
than 4,000 persons, and the number of ministers of such
churches was 270; that many of the ministers and mem-
bers of such churches were previously members of other
religious denominations, many having been dissenting
ministers, and schoolmaster:, or engaged in trades and
employments; but that, in consequence of forsaking
those callings, they were now in great poverty and afflic-
tion, and had been, and were, dependent, more or less,
upon pecuniary support from their richer brethren; that
the relator, E. Heath, was the minister of Newman-street
Chapel, and that the testatrix attended there; that there
were other places of worship belonging to these per-
sons—in Bishopsgate, Southwark, Chelsea, Islington
Paddington, and Westminster; and that from 1835 to
the present time the chief ministers of the seven
churches in London had the management of funds
arising from a tenth part of payments, voluntarily made
by the members of the congregations of the several
churches, the payments being for the tenth part or tithe
of the clear incomes of the members of the congregations
and from other sums given on behalf of poor ministers
or members; and the turde being kept at the bank of
Messrs. Drummonds, in the names of the seven mi-
nisters; and that the moneys arising from the " tenth
part of the tithe" of the said several churches of con-
gregations from 1837 to 1848, have amounted to
21,0171. 65., and the moneys arising from the said sums
originally given voluntarily by the several churches or
congregations for the poor ministers or members, from
1837 to 1848, amounted to 30,229/. 7s. 6d., making a
total of 51,246/. 13s. 6d. ; but that, notwithstanding, the
ministers had been unable adequately to relieve the several
cases of distress wising among members and ministers.
His Hoewun, after going at some length into the
case, stated his opinion to be, that the bequest was a
valid one, and directed a reference to the Master to ap-
prove of a scheme for its proper appropriation.
No case of any interest occurred either in the Vice-
Chancellor of England's or the Vice-Chancellor Knight
Bruce's Court.

QUEEN'S BENCH.—(THIS DAY.)
The Court took the special paper to-day. No cases
of the slightest public interest came before the Court
during the day.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
The LORD CHIEF BARON delivered the judgment of
the Court in several cases at its sitting this morning.
WILLIAMS (QUI TAM) t'. THOMAS.—JUDGMENT.
The LORD CHIEF BARON said, in this case, which was
a qui tam action brought against the defendant for the
recovery of penalties for his having unlawfully exercised
the office of under-sheriff, and tried before Mr. Baron
Platt, who directed the plaintiff to be nonsuited, the de-
fendant was charged as being the actual sheriff,
and could not bo the under•sherif The Court
thought it had only been shown that he was
under a sheriff, and was acting as under-sheriff. The
only evidence that he was the under-sheriff was, that he
had signed his name to a paper on the occasion of re-
mitting the prisoners in the county gaol to the succeeding
sheriff: He signed his name simply, in the first instance,
upon which the person to whom he addressed that sig-
nature, and who was the under-sheriff of the late sheriff,
said that that would not suffice, and that the defendant
must add the words " Under-Sheriff" to his name. The
defendant replied, that he was not the under-sheriff, but
that Mr. Traill was the under-sheriff. The man, how-
ever, said that he could not receive the docu-
ment unless the defendant signed it as the
under-sheriff; whereupon the defendant added the
words " Under-Sheriff "to his name. Now, it appeared
to the Court, that the defendant was not the under-
sheriff; and it ought to be in evidence that he took upon
himself to act as unde-aheriff. Under these circum-
stances the Court was of opinion that Mr. Baron Platt
was right in directing a nonsuit; and there would conse-
quently be no rule.—The rule was accordingly refused.

DOE DEM. ZONES V. TiIOXAS.

The question in this case was whether a judgment,
which had been admitted in evidence on the trial of the
case before Mr. Baran Platt, was properly admitted. It
appeared to the Court that the judgment was admissible
in evidence as a judgment; they thought, therefore,
there would be no rule in this case.
HOWELL V. READHEA.D.

No rule.

HITCHINGS V. MONK.
In this case, which was tried at Bristol before Mr.
Justice Cresswell, the Court, without entering into the
merits, said there would be a rule to show cause why
there should not be a new trial.