The Sun.
London, England, 1828-11-18 00:00:00

EXCHEQUER CHAMBERS.

UM:MM.:T.—STRONG V. DENCIIFIELD.
ti , e LORD CHIEF BARON gave his judgment in
dls cease at the sitting of the Court.
A The plaintiff in his bill stated that, as the vicar of
t stohAlbrook, in Buckinghamshire, he is entitled
° the. tithes of that vicarage, with the excep-
PlI of those tithes upon corn and grain. The
endants are the occupiers of land called Bustards,
that vicarage, and the bill charges that dur-
.4. their occupation of it they have neglected to set
at or to account for the tithes of hay, artificial
'Tass, wool, calves, lambs, foals, pigs, poultry, eggs,
,/'ax, honey, garden stuff, and fruit. The defendants,
!t,l their answer, admit that the plaintiffiS the Vicar,
Etliitt they occupy the land called Bustards, containing
about 700 acres, and that they have possessed the
thino in respect of which tithes are chained, but
;',eY set up a modus of 37/. a year payable at Mi-
i,"aelmis and Lady Day. In proof of this modus
defendants adduced parole evidence, all going one
rtY, and establishing payment of the 371. As
novastherre, as this parole evidence , ould be r-
ti,e(l on, sufficient for its purpose.c In opposie-
i'pri to this plea of customary payment, the, plaintiff
!Isisted that it must have been of modern origin,
fls it was contradicted by the written testimony of the
Survey, the Nonwßolls, and the Minis-
:r s accounts: but as his Lordihip intended that this
irk important -question should go before another
•burial without prejudice, he should terrain from
th'llitaenting at large upon the relative credit due to
ese documents. Thus much he would, however,
ti Y, Y, that the Nome Rolls did not relate to all the
tiles, that the credit due to the Ecclesiastical Sur.
I.e}' had often been donbted, and that the Minister's
ecoitihrtts only related to the tithes which were vested
the Crown; but not to the vicarial emoluments.
eed, the only doubt which his Lordship could
eihtertain on the subject arose from the apparent
°wlless of the modus. His Lordship cited several
,a
tsesi in which Judges had thought the lowness of
at e laodus a sufficient ground for deciding against it, or
Itiall events for sending the question to a jury.
odes
instances, however, Judges confirmed a
ouus as low as that set up in this cause, which
11kinted to about a shilling, or perhaps a little mere
4er acre. His Lordship was greatly embarrassed
Jr* the cautious manner in which the defendants
t't up the modus. They did not rely on
as applicable to any specific , tithes, leav-
utg it to the plaintiff to show that he was en-
led to any, and what tithes. Thus, besides re-
-441g on the modus, they put the vicar to the proof
th the particular tithes belonging to him. For
ki4tanee the defendants say, that the modus has
tithes,
ays been paid in satisfaction of the vicarial
what those
without- condescending to state anywhere
those particular tithes arc. The defendants
this safe and cautious course not without good
for if the Vicar had no endowment, he must
' ii, his claim. A Vicar call only claim tithes by
,P4ile;lig his endowment, or by.giving such evi-
!lce as that the terms of the original endowment,
'l4l be inferred from it. In the present instance,
,a,ge had, in his Lordship's opinion,- confirmed the
tvrnent, but to what extent or with reference
14 what particular tithes, he was not now called on
,suey His Lordship concluded, by directing an
to try the validity of the tnodus set up in the
'4lwer of the defendants.
11,11 it LORDSHIP hoped that the parties would agree
tt'arl the terms of the issue, so that it would em-
sftce the entire question.

ileille KING, as we stated yesterday, visited
liLetatle at Windsor both on Friday and Saturday last.
1016EsTv remained there nearly three hours on each of
Ze days, inspecting the arrangements which have been
Ze fur his reception ; and it is now certain that he will
.0 tip his abode there in a few days—perhaps to-morrow,
Rs et farthest, on Monday next. His Mmes.Tv looked
:,,kably well, and seemed to be in almost perfect health.
41orning Herald.
kiENGLISII OPERA-HOUSE.—TIic Covent-
;Sieu company performed here for the first time last
wi''t• The play was Richard hid., in which KEA N
Qred the " crook-back'd 4:ant" with all his former ani-
yol4 He was lavishly applauded throughout, and con-
s us that for the future be should select a small theatre
ce arena of kis exertions He has become too languid
either Covent-garden or Drury-lane, but in an ordinary
4471 theatre even his slightest points `.ll.
jOBURG TIIEATRE.—Last night a new
43,4 was produced at this Theatre, under the title of
.Ce Three Dons, or, The Rose of Tuscany. It is an
Vtgaling little piece, and is, we believe, a translation from
Opanish, an,': not altogether new to the English boards,
Oh it has never appeared exactly in its present shape.
f,.ptot is merely an exhibition of the effect produced upon
Indomitable pride of a beautiful woman, by a well-
tz
74 . indifference to her personal as well as mental at-
-11, t'citut. The lady's pride is humbled by the idea that
has failed to captivate, and she resolves to bring to her
i,. ,the man—the only man who has ever been untouched
Cher exquisite beauty. In the attempt her heart at
VIII falls a victim, and the generalship of her lover
'iii Bes him, with the exception of one or' two nearly fatal
plB, to sustain his affected indifference, until she is so
p,IY enmeshed, that she has no hope of refuge from her
Cfeelings, save in his arms. Such is the outline of
Pieee. The principal female character was sustained
\taliss Warsolf. She is a lady of considerable talent ;
We cannot help thinking that Miss HA RI/GRAVE would
edone more justice to the character. Mr. WY NN E
CI the lover, and was loudly cheered throughout the per-
nce, which was indeed very creditable to him. It
C, ill excellent keeping, and not at all overwrought, which
44'e great bane of acting at the Minors. The Piece was
eit out for repeti'cion amidst general applause.—The
"C-draina of Gilderoy followed; in which Mr. COBIJA 31
ctate(' Mr. Macenavr so vilely, that not even the ex-
ent acting of Mr. Darruce could induce us to set the
tce out. Mr. CORIUM seems strangely at a loss for
moo sense, or surely he would never select the worst
'Ns of any actor for imitation.
Mr. PRICE, who had engaged Miss PHlL-
jihi for three years, at 8/. per week, has, it is said, offered
%etilleel that engagement, and to enter into a new one for
Years, at-the expiration of which time she will be of
'',,,iit 81., 10/., 12/., 15/., and 161., per week.
41 HEATRE ROYAL, DUBLIN.—VVIR) is tO
kitl!i3 capital Prize? Is it to be drawn in the wheel of
Cidie Auction? or be disposed of by Private Tender ? This
vproblem which will very shortly be solved, for should
Present negociatiou be retarded beyond this week, then
.444 e assured the Sale will absolutely take place at the
Cetion Mart on the 18th of December, and it is thought
0 there will be such a scene of general competition as
NI), witnessed even in that celebrated Arena.
kill'lle Duke of St. ALBANS, we understand,
e, Itft the Yorkshire Festival Committee in the lurch, as
elYing the sum of 601. for the house. which the
tirrinan of the Committee engaged for his Grace. The
kt:lless altered her intention of coming to York, am:
1/4 ''uined to attend the Lincoln races in preference. We
kt the correspondence between the Duke and the Rev.
Lipixon will be published, in justice to both par 4...
C 4 Chronicle..—[The Editor of the Leeds Mercury
Skr" We think it an act of justice to the Duke to state,
. we have heard, nu what weconsider good authority,
iGentleman,his Grace, in his letter to Mr. DIXON, asked if lodg-
I could be had, and that the Revertnd Gentleman, in
14 %udable seal to serve so distinguished a visitor, engaged
108 for the Duke and Duchess, without having re-
' Pulitive instructions to that effect.")

THE MARKETS.--(THIS DAY.)

FISH-MARKET, },;ILLINGSGATE•

This morning's market was tolerably well supplied with,
the tinder-mentioned kinds of fish; few of any other sort
were exhibited. The mai ket was well attended by buyers.
The following were the prices:—
Prime Turbot, each - ei. 0,1. to lds. Od.
Ditto small; per do. ' • 1 0 h 0
Soles, per three pairs
Fine Whitings, per 15 3 6 7 6
.
Seats „ each .....- 1 0 5 0
Haddocks, per dozen 6 o 20 0
Brill,, each ..... 2 0 8 0
Live Flounders, per quartern
Live Eels, per 51b.
Fine Lobsters, per score -10 0 50 0
Inferior ditto .............. ............ .............
Fine Crabs (each)
Fine Prawns, per 1b... 0 0 3 0
Shrimps, per gallon 2 6 0 0
Fine I armouth Bed Herrings, per hturfred 6 6 0 0
Scotch ditto 4 0 5 0
Best Common Oysters, per bushel 8 0 12 0
Natives 3O 0 32 0

-
mAy MARKETS—(At per land of SCi Trusses.)
ST. JAMES'S.
Coarse heavy Lowland Meadow tray £2 10 to .£2 Li
Best New Meadow Hay .., 3 0 3 5
Fine Upland Meadow and Rye-grass Hay 3 10 1 10
Clover Hay • - i 3 10 910
.
Oat Straw .£1 10 to X 1 14 i Wheat Straw 1 14 1 18
Meadow and Clover Hay Is. per load lower than last quoted.
In 1 ricer of Straw iri alteration. A great supply, and a very
dull trade.