The Sun.
London, England, 1841-05-24 00:00:00

ABINGDON V. LIPSCOSIBE.

The CouRT gave judgment in this case which was an action
of trover, of seven cows and horses which had been seized as
heriots due to the lord of the manor, in respect of customary
tenure. The question in the case was whether the conversion
had been sufficiently proved by the evidence, and a rule for a
nonsuit had been moved for on the ground that the evidence
was defective on that point. It appeared that the servant of
the plaintiff had marked seven cows and horses, although he
was only entiled to five, and when he subsequently returned
and claimed the cattle, the defendant refused to give up the
seven, but stated his readiness to give up five. That appeared
tothe Court to be a sufficient answer to the alleged conversion,
and therefore the rule for a non- suit must be made absolute.

SELWOOD V. MOUNT AND ANOTHER.

The COURT also gave judgment in this case, which was an
action of trespass against two Magistrates for having issued
their warrant under which the goods of the plaintiff had been
seized. The case rose out of an appeal against an order of
Justices for the stopping up of a high-way, and the warrant
was issued to enforce the payment of the costs of that appeal.
The warrant of the Justices set out the conviction of the
plaintiff under the 90th sec. of the sth and 6th William IV,
chap. 50, but it did not set out the amount of the costs which
were to be levied against the plaintiff. The Court held that
the omission of the amount of the costs vfas fatal, and there-
fore their judgment must be for the plaintiff.

EXCHEQUER.-(THIS DAY.)

IN THE MATTER OF THE REV. BENJAMIN BARKER, CLERK.

In this case the ATTORNEY. GENERAL appeared to show
cause, on the part of the Tithe Commissioners, against a rule
served upon them, but he said it might save time to hear Coun-
sel, who appeared on the part of the Rev. Mr. Rich.
Mr. KELLY said this was a rule served upon the Tithe Com-
missioners, calling upon them to show cause why a writ of
prohibition should not issue to prevent them from finding any
modus relating to Shiptown Park, in Norfolk, which was rented
from Eton College by the Rev. Mr. Rich. Some time ago
the Commissioners came into the parish in which the property
is situated, under the compulsory powers of their Act, to value
the Tithe. His client set up a modes of 6s. Bd., but it ap-
peared that nothing had been paid for a long period. He had
much difficulty in attempting to make out the modus, because
the daughters of a deceased rector, named Bullock, through a
fear of giving some undue advantage to either party, refused
to allow any inspection of the papers of their father relating to
the affairs of the parish. The a,tempt to set up the modus
failed, and the Assistant Commissioner found the value of the
Tithes at between 3001. and 4001. This decision was appealed
from, and an issue was tried. but it also failed. The
Commissioners had not made their award when, on
the first of January, the Misses Bullock at last' con-
sented to allow an inspection of the documents, provided it
were made in the presence of all the parties, or their solicitors,
and they turned out to be most important ; for it was clear, that
though they would not make out a modus of 6s. Bd., they
clearly proved one of 6s. After some delay, the Tithe Com-
missioners consented to entertain the question of the 6s. modus
upon condition that Eton College should agree to it. and con-
sent to he bound by their award ; and, further, that if the modus
were set up, the Rector should be paid all his costs as between
attorney and client. These were very hard terms, and might
have been impracticable, but Mr. Rich agreed to them. Now
the Commissioners had still to ascertain the value of the tithe,
and to make their award, and he contended they were not pre-
cluded from entertaining the question of the 6s. modus, be-
cause the Assistant Commissioner had found there was not one
for 6s. Bd., even although he went on, and alleged that the
Rector was entitled to the tithe. These words were mere
surplusage. He had no right to find so much, and the Commis-
sioners not having ascertained the value of the tithes, or made their
award, had power, under several sections of their Act, to re-
hear and adjudicate upon the question. The Commissioners
were bound to make an award. A mistake had been made,
and if it were the intention of the Legislature, in framing the
Act of Parliament, to make such a mistake irrevocable, then
he would contend that, in the present instance at least, a great
injustice would be committed. He contended that the Com-
missioners were bound to do all that was necessary, to enable
them to ascertain the rights.of all parties concerned. He sub-
mitted, therefore, that the rule must be discharged.
Mr. BY LES having been heard on the same side,

Mr. Baron PARSE said that the Court considered the ques-

tion as one of so much importance, that their Lordships would
not wish their decision to be final ; their desire was, that it
should be reviewed before a Court of Error.

It was ultimately arranged that the rule should be enlarged,
arid that measures should immediately be adopted for putting
the cause into such a shape as to secure the hearing of it be-
fore a Court of Error, without delay.

BAIL COURT.-(THIS DAY.)
(Before Mr. Justice WIG lITMA N. )
The Court having disposed of same motions of course, sat at
Nisi Prius and tried several Common Jury cases, of no interest
except to the parties concerned.

THE MARKETS.-(THIS DAY.)
CORN EXCHANGE.

Last week's arrivals of English grain were moderate, and
good of Irish Oats and Foreign Wheat. The fresh supply of
Wheat was good but scanty of other Corn. The best Wheat
obtained last quotations, other quotations Is per quarter lower.
Barley, Beans, and Pease unv:ried, with little doing. Oats a
slow sale at last week's terms. The Flour trade is dull at no
variation in prices. The weather is very fine for the growing
crops.

PRICES 01.1 80.
Wheat,Red (old)
-- White (old) —s. --s.
Red 18.10) 525. 555.
--- Fine s(s. 593.
Superfine 60s. 635.
White (1841.) sss. 588.
-- Fine (Os. 645.
Superfine 665. 70s.
----Foreign free 51s. N.
Rye• 38s. 40s.
Barley 255. 36s
Grinding %/6s. 28s.
---- Malting 905.338.
Malt S6F. 60s.
Fine New 625. 635.

RD OF SFIP
Beans, Small (new) s 445.
(old) ..... • —s,
Tick (new) 35 374
__— (old) —b. —.5.
Harrow (new) 375. 395.
(01d).....„ s
Br, nk
Oats, Feed - S.
--- New 171.21 s.
Poland
New 22..24'.
Potatoe —s .—s.
---- Now 244.265.
Scotch 26 .. 28s.
Irish 16s. ... ins. 225.

Pease, Grey, New 'riGs. 38s.
Maple New 408. 425.
White 345. 3's.
—... Boilers 375. 38s.

Flour Town (per sack) 545. 58s.
Seconds 48s. 525.
Narth Country 48s 50
Bran 9, 10s.

ARRIVALS OF GRAIN IN LONDON DURING LAST WEEK.
Wheat. Barley. Oats. I Flour.
English
Irish - COL 22,446
Foreign ......, , 10,530 1,670 --

2;756 .;rls

SMITHFIELD.
We had a good supply of cattle at market. The demand
good, the best Scots fully realising our present quotations.
The middling and inferior sorts met with a good trade. Our
supply of Sheep and Lambs was moderate, with a good demand
for both. Our supply of Calves was fair, with a good demand.
We had a plentiful supply of Pigs, the demand brisk, without
alterations in prices. Beasts, 2,705 ; Sheep and Lambs,
23,920 ; Pigs, 605 ; Calves, 134. Beef, 3s. 4d. to 4s. Bd. ;
Mutton, 4s. 4d. to ss. 6d. ; Veal, 4s. 44. to ss. 6d. ; Pork, 4s.
to ss.