Star.
London, England, 1809-07-08 00:00:00

ArIONNUY GENERAL V. THU GovE.RNons or ouritto);

CRARITY.
This was a Charity founded by Edward VI. by
which the tythes of two extensive parishes were ve
ted in the hands of twelve Governors, f r the parpose
of supporting three clergymen, one at Crediton, a se•
cond at Exminster, and a third at Tadford, in Devon....
shire, together with a grammar school at Crediton,
iliad for educating certain poor scholars It
The remainder to be appropriated to pious uses. The
value of these tythes in the reign of James I. was
11001. per annum, and their annual produce now w:is
no more than 13001. while their estimated value v.-es
at least .55001. a-year. The reason assigned by tie:
plaintiffs, the clergymen of these parishes, for this i .•-
markable difference was, that the Governors of the
Charity had, from time immemorial, consisted of the
land-owners and occupiers of the parishes, who had •
given. a lease of the tythes to their tenants, at the
in-
adequate modus of only sixpence half-penny in the
pound rent, the obvious effect of which was, that these
tenants were able to afford a greater rent to their land-
lords. This cause had already come before tip
Court, and his Lordship had ordered that the present
moduses should cease and determine, and that the
Master should take an account of what was the real
value of these tythes, and should receive proposals for
letting them out, on adequate leases, for the benefit
of the Charity.
Sir S. ltomier.v now applied, on behalf of the re-
lators, that the Governors, who were land-owners and
occupiers, should be made answerable to the charity
for those sums that had come into their own pockets
in the shape of increased rent, from this inadequate
modus, at which they had thought fit to lease out the
tythes.
Mr. HART, for the defendants, contended, that his
clients had not acrually gained any thing by this small
modus. The remainder of the charity, after the
clergymen and the school were sufficiently supported,
was to go to charitable uses in the parish of Creditors;
and, consequently, had the tythes been rigidly levied,
the produce must have gone to the poor of that parish,
and kept down the poor-rates, which were now ver
considerable, and rained principally on the lands, if
not solely. The farmers, in tact, had paid for the
poor, in the shape of poor-rates, what they would have
paid in the shape of tythes for the same object, had.
the modus been larger. Their rents would have been
the same in both caes, so that nothing had been de-
rived to the defendants from this inadequate modus. •

The LOUD CMANCELI.OR said, that hewe.ver inge-
nious the reasoning o Mr. Hart was, yet it was quite
impossible to admit It, for it would tend to give an,
intolerable latitude to the Trustees of all charities'
whatever, of which that Court was the special guar.
dian. He was far from ascribing improper motive
to the guardians of this charity, for the abuse had ex-
isted long before they were chosen, and they had pro.-
bably never thought much of the matter. He must
add, however, that had the lauds of these Governors
lain in another parish, and net in this, they would
probably have known how to exact the tythes for the
benefit of the charity in a very different manner. In
cases of this sort, it was usual for the Court to make
such Trustees account for a period extending as far
back as six years ; and he was clear that these Gover-
nors must account for what of the tythes they may be
calculated to have received in the shape of rent, for a
similar period.

COURT OF KING'S BENCH, JULY 5.
PARKINTON V. ONIONS.
The Plaintiff was the drawer of a bill of exchange,
of which the Defendant was acceptor. It appeared,
that the Plaintiff had been sued upon this bin; on ac-
count of its being dishonoured by the acceptor ; the
bill was for. 91. The suit had been brought in the
Court of Requests for 51. where the holder had re-
covered of the drawer, and that 'sum was indorsed
upon the bill as having been recovered, and this action
was brought for the remainder, against the acceptor.
Lord I.LLENnonouutt—" This is absolutely insuf-
ferable. Here is an action commenced upon this bill'
in the Court of Requests, and 51. which is the extent.
of the jurisdiction of that Court, recovered on it, as
appears indorsed upon this bill, and then a suit is
brought in this Court for the remainder ; so that, in-
stead of relief by the summary proceedings of the
Court of Requests, the party, is treated with two suits
instead of one—that is, instead of economy and relief,
he meets extravagance and oppression.. This is most
; vexatious, and absolutely intolerable—and if there
be any more of it, an end must be put to the practice.".
Verdict for the Plaintiff—Damages 91. .
WEST V. TWELL.
This was an action of slander, in saying of the
plaintiff that he had written an abusive anonymous
letter to the defendant, and had perjured himself by
denying it on his oath, by which a person who had
retained him refused to employ him, and he conse-
quently lost his service.
The circumstances of this case were stated by Mr.
ATTORNEY GENERAL as folloW :—" The plaintiff had
lived as shopman with the defendant, who was a
linen-draper, in Bishopsgate-street, and had been dis-
missed from his service. The defendant afterwards
received an anonymous letter, accusing him of " star-
ing his young men out of countenance, of dismissing
them without cause, after hard labour in the service
of such a bare as he was." This stupid letter, he
conceived, came from the plaintiff, who, to satisfy
him that it did not, made voluntary oath before the
Lord Mayor, that he never wrote it or knew its con.•
tents. The defendant, however, did not believe it,
and to a person who applied for his character, said,
that he had written this letter, and afterwards per-
t
pred himself in denying it on his oath. He conse-
quently lost his place, for which he brought this pie.
sent action.
The Learned Judge held, that there ought to be
some proof of malice on the part of the defendant,
and as there was no such proof, he directed the plain-
I
I tiff to be Non-suited.

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DAVID PLAY/PAIR, 88, Little East Cheap. Wax and
Tallow. Chandler, begs leave to inform the Putoic, e
isnot the person mentioned a! the trial of the Earl .a
Leicester's cause, reported in the STAR of die ala ,
of June last.
•

SALES BY AUCTION.

MR. WELLS respectfully: begs leave to inform
the Pul;lic, that the Sala of 'fHOl<l•F. HALL ESTATE,
situate near the Coi.rty of Lincoln, advertised to be
held at the Xing'3 Head Inn, in Louth aforesaid, on the 12th of
July instant, is p -wroned until Thursday the 10th of August next.
London,:u!y S, Iso9.