The Sun.
London, England, 1858-06-12 00:00:00

CONSECRATION.

The court this morning declared judgment in the case
relative to burial grounds bei:,g in a fit state for conse-
cration. The question arose in consequence cf the
Bishop of Exeter's objection to consecrate a portion of
the Taunton burial ground, because the Burial Board
had erected a wall of but 12 inches high, instead of four
feet as required by his lordship as a line of demarcation
between the consecrated and unconsecrated portions of
the burial ground. _ _

Lord Campbell, in deli'vering the judgment of the
Court, said that in this case a mandamus has been
issued, requirin the Taunton burial ground to set
apart a portion of the burial ground for consecration for
the interment of bodies according to the rights of the
united churches of England and Ireland. The burial
ground contended that they had set aside a fit and
suitable plsce for such interments, to which the bishop
demurred. The result of the finding of the jury as to
that portion of the Taunton burial ground to be set
apaaforconseeratkn,was.in
all
respects fit for such
consecration, except that a wall of fuer feet high by way
of a fence had not been erected between the consecrated
and unconsecrated portions of the burial-ground. The
Court was to assume there was an external fence around
the whole of the burial-ground, sufficient to protect it
from the intrusion of animals and all desecration, and
the question was whether there ought to be a similar
fence between the two portions of the burial-ground.
The special verdict of the jury found that the por-
tion to be consecrated was marked off by the said
burial hoard from the portion set aside as unconsecrated
ground by a wall 12 inches high from the ground, mark•
ing off and defining the said portion of the ground a•
set apart for consecrated from the unconsecrated portion,
and that the same was a mark suitable to mark off and
define such portions. The verdict went on to
state that the refusal to consecrate was becau.e the wall
was not more than 12 inches high. The neces-
sity of a proper fence around parish churchyards
was enforced in one of the canons of the
Church, and burial grounds were provided tinder the 15tb
and 16Lie Vic., cap. 85, and the Court had to decide the
question en the principles of law involved in recent legis-
lation on the subject, and wasit to be said that a wall
12 inches high was not a mark or distinction suitable to
mark off or define the consecrated from the unconsecrated
portion of the burial-ground, Such a mark communi-
cated to the sext,n, the parishioners (both Churchmen
and Dissenter), and all others interested, the distinction
between the two portions, and it was unnecessaryto decide
if the canon requiring a fence round a burial yard was ap-
plicable to the case. An external wall bad been provided,
giving securiv against tresepaes and desecration, and
the Court much regretted that since the passing of the
20 & 21 Vic., chap. 81, which was intended to put an
end to all such controversies, that they should be called
on to decide how the law should be administered, with
a view either to the costs in these proceedings or in jug-
tification of any miserable party feeling ; but they were
bound to discharge their duty, and they gave judg-
ment for the defendants.

Judgment accordingly.
RETIREMENT OF MR. JUSTICE COLERIDGE.
Mr. Justice Coleridge, it is understood, will retire this
afternoon from the bench—it being the last day of term,
and he has no desire to take part in the after term
nisi prius sittings. It is believed that, on the
rising of the court, the Attorney-General will express
the estimation of the 'oar at his courteous conduct to-
wards them when on the bench, and their regret at the
loss of his valuable services. Mr. Justice Coleridge has
always been considered a sterling lawyer, and it satis-
factory to know that he will be succeeded by a gentle-
man whose reputation as a sound lawyer stands pre-
eminently high among the profession.
ADMISSION OF ATTORNIES.
Upwards of 30 attornies were sworn in this morning.
Above 50 ware sworn in yesterday, making, this term,
80 admissions, about the average number. Thera is
every term about 30 gentlemen called to the bar,
making annually an average of 320 admissions of attor-
nies and about 120 calla to the bar, or rather more than
two attornies and a half to one barrister.

POLICE INTELLIGENCE.—(This Day.)

MARLBOROUGH-STREET.

- -
EMBEZZLEMENT BY AN AUTHOR.—Henry Harrison,
of 26, Grange-walk, B roanndsey, was charged with
erobezz'ing the sum of 10s, received on account of his
employer, William Henry nuAr, bookseller, 24, Hay-
market. The prisoner was described as a clerk, but he
has been for years connected with the getting ready for
the press different works for publishers.
The prosecutor said the was his clerk in
February, and was discharged, owing to some discre-
pancies. After be left, the stun in question was found
not to have been accounted for—it was received from
Mr. Washbourne. There were other cases, but he did
not wish to press them.

The prisoner said he was called a "clerk," but he
never had the charge of any books. He was to write
works for the prosecutor, and to be paid for them. He
would admit receiving the 103., but the prosecutor was
at Brighton at the time, and he bad not banded the
mosey over as he should have done. He knew he bad
done wrong in not doing sp.
The prosecutor said he considered him a clerk—he
had the charge of an offint.
His duty was to caToct
for the press, and to take csre of an office.
The prisoner said he fortnerly kept a horse, but was
now broken down.

—Prosecutor said the prisoLer broke some of his win-
dows on the previous day,
Prisoner admitted he had done so, because he could
get to money, and he was is a state of desperation at
the time in consequence.
A constable proved takisg him into custody, and
finding some stones in his pocket,
one of which ho was
informed he had thrown through the prosecutor's window.
Remanded for a week, but admitted to bail in the
sum of £2O.