Star.
London, England, 1827-07-19 00:00:00

WILLIAMS O. 'MOON.

Mr. SHADWELL then moved, that a new trial might
be had at the nest Assizes for the county of Leicester,
of an issue directed by the late Lord Chancellor, and
that in the mean tinie all further proceedings might be
stayed. The case was tried at the Leicester Assizes in
1825, before Mr. Justice Holroyd, and the question on
the issue was, whether a Gentleman of the name of
Charles Marsh Phillips was entitled to the tithes of the
parish of Clifslade, or to a modus of 4s. 10d. in lieu
thereof? and on the trial of the issue,theJury found that
'he was entitled to the sum of 4s. 10d. in lieu of all
tithes belonging to the said 'oafish. The bill was ori-
ginally filed by the Rector of Clifslade against the oc-
cupies s of certain land in the parish, claiming to be en-
titled to the whole of the tithes as Rector, and the de-
fence set up by the parishioners was, that from the year
168§, down to a 'very late period, they had paid to Mr.
Phillips, in respect of the lands of which they were oc-
cupiets, the sum of 4s. 101 as a compensation for
tithes. The late Vice Chancellor directed an issue to
try whether Mr. Phillips was entitled to the tithes in
question, or to a modus in lieu of such tithes, and a
verdict was found in favour of that Gentleman, who
was the plaintiff on the issue. An application was
made to the late Lord Chancellor for a new trial, and
the question was again brought under the consideration
of a Jury in 1825, whea a verdict was given, establish-
ing the right of Mr. Phillips to receive the modus as a
compensation for the tithes. The ground on which
Mr. Skadwell this day moved for a new trial was, that
the Learned Judge was wrong in his direction to the
Jury, as he was not authorised to state on the evidence
given at the trial, that there had been any grant of the
tithes to Mr. Phillips, or to any other person, that Gen-
tleman not having been able to produce the original
grant, and, therefore, according to law, the whole of
the tithes must be taken to belong to the Rector, un-
less the party setting up an adverse claim was able to
produce the grant by which the tithes had been con-
veyed to him. •
Mr. HEALD, in opposing the motion for a new trial,
stated, that the defendants had, from time immemorial,
been in the habit of paying a modus of 4s. 10d. to Mr.
Phillips, as a compensation for the tithes; and, notwith-
standing the plaintiff was the Rector, they believed he
had no title whatever to receive the tithes of Clifs-
lade. On the trial of the issue, it was proved by the
production of a number of ancient documents, that Mr.
Phillips and his ancestors had been in the possession of
these tithes for a great number of years, and that they
had been accustomed to receive a sum of 4s. 10d. in-
stead of taking the titnes in kind. He could not find
any passage in the summing up of the Learned Judge
tb induce him to believe that he had been guilty of a
misdirection in his charge to the Jury, and he had never
yet heard that a party was obliged to produce the ori-
ginal grant of the tithes to himself or any of his family,
if he gave such evidence as afforded a presumption that
a grant had been actually made at some by-gone period.
He, thersfore, hoped his Lot dship would be of opinion,
that it was not necessary to send this case to a further
trial, as his client had already Lb.ained two verdicts in
his f ivour.

The LORD CHANCELLOR said, he should be under the
necessity of looking into the cases on the subject before
he could dispose of this application, but he would take
care that the parties should have the judgment as early
as possible.
The SOLICITOR-GZNRRAL attended, from the Com-
mon Law Court, for the purpose of moving for a new
trial, in * case of " Gibbon v. Cowley ;" but, in conse-
quence of the absence of Mr. Pollock, who was engaged
at Guildhall, he requested his Lordship to allow the
matter to stand over until to-morrow (this day).
The Loan CHANCELLOR assented to the Learned
Gentleman's request.