Star.
London, England, 1829-05-21 00:00:00

IMPERIAL PAIILIAMtNT..

HOUSE OF LORDS, MAT 20. .
.APPEAL.
O. 11111 BISHOP OF CHEM&

The LORD Cgaucatton, Lord •Ecnon, and the
twelve Judges, sat tads'', • for the purpose of harlots
this tam which came Wore them upon a writ of error,
from the judgment of the Court of King's Bench. '
Sergeant Canna, who appeased for the plaintiff,
After detailing the proceedings in this case in the Coasts
.of. Great. Seisms of Chester and King's Beath. said, the
'question for the consideration of their . Lordships sow
was, whether a tobtrict entered into between two lay.
.• •
men for the purchase of a futureincumbency. was coos
trary to the Statute: of 4lizabith, by reason.of the
proiimity of the vacancy ? That question Srpie. out at
the •fpilowing factii•Mr. Bradihaw, the ittenhatient
Wilislow, in the diocess.,Of glister, being dangeroady
ill; and ex.ected to. die spon;and Mr, Fox, the:plaintiff.
being desirous of appointing his successor, applied to.
the hered.taryi patron, Mr. Trafford, front whom he
purchased for 6,0004 the right of the nest•presentation.
The contract was completed on'the verr.day that Mr.
Bradshaw died. -Mr.. Fox 'then presented his,clerk.
Mr. G. Uppleby, to the living, but theßishopoCChester
refused to sanction the presentation; on the ground that
it was siosoniacal. The CoUri .of• Great Sessions at
Chester, before which the questionwas•firsr tried, con-
curred in the Bishop's objection, and that. judgment wan
affirmed by the Court of King's Bench.. The Learned..
Sevrant now contended, that as the. right of translation
At common law! wai transferable between laymen before
she 'de4th :of the.. incumbent, and that.. as there iras no
distinction between remote. and proximate vacanFy,,
the judgment. of the Court of.. King'i Bench ought to
be reversed.

. ". •

lnie SoLictrot G ittlE ISA for the .Bishop of Chester,
contended that the contract between. Mews. Fox and
Trafford was not only sinsoniacal.but border iug.on fraud.
Mr. Sergeant Caoss .leplied.-

Their Liiidships took time to consider their judgment.
Sir. A. Gain: and others from the. commons ;brought up the
Consolidated Bill; the Charitable Lose Soeirtiee (Ireland) Hill;.
the Irish Fisheries' Bill; the Anatomy Bill ; the Friendly Societies'
Acts Amendments Bill ; the Drainage of Bogs (Ireland) Bill; the
Recovery of Small I)ebts' (Semiarid) • Bill; slid several Rhein,
Mils—Winch were read a first time. '
The Marquis of CAMDEN resented a Perithin froaithe West
Division of the county of Kent. praying for t►e revision of the
dee*, on malt.

Lord ROLLS presented a Petition frosneho Mayor, Borges",
and Inhabitant's( Devonshire, praying fog' the repeal of thodatiss
so coals carried coastwise.

Lard HERREPORD presented a Petition from 'Mr. Thortsite,•
We
ing to be allowed to bring forward additional .evldenci sod
The his cam.
Berl of. LAUDERDALE moved that a Select COmmittee.
thou"' be appointed to search for preledems, and report. Ordered:.
The Life Annuities' Rill and several Private Bilis were read a
third time and Famed. •
Lead PEVERAHANI brought up-Abe: Report Of the Select
Committee on the Clarence Railway, with amendments, •
The Marquis of LONDONDERRY objected to the Bi.ll alto-
gether: It never would sMitt soy revenge, and was likely to be a
mere bubble. He hoped Noble Lord, would read the evidence
given before the Cwamdttee, before the SW was read a-third=
Lord WHARNCLIFFE erpressedAls latendpn nocia
the MR, which be conaked would be as the Hoes, had list
year sanctioned thelleithat and Darlinpan Railway ; but he gave
notice that be add en to-onerrow se' indighti the inith Mato move
that air* Lordship should adopt a 80 Order, to the,efect
that any company ettbody of persons ridded's dike Has for a
BM to authorise the astraction Si astriegterhe amid boi obliged to
show that a (*.kale sword money bed esieeribed. • •
Lord BEXLEY Jibe IRK • • '
The Marquis of CI. ND wee apposed to any delay. It
would be exceedingly inantraideet to the. and. would lot
theist to great exposes Vibe BM were peelreed day to day.
The Report was then received, and the MI ordered to be read
the third tier va•merrow.

Lord KING preaumei a Petition from the Carpet Weavers et
Kithlirer amines the present system of Poor Laws; and
useimatltion Ikea the same parties against the Cern Laws.
- ANitOMY AKOULATIOW SILL.
14411
The Earl of MALMESOURI(
Bill bad been brought bp this day, which was fel
printed, and, in mowing that it be printed, hidisclainsad
being a supporter alit. He had very great doubts of

the propriety of legislating on subjects of this naisre.
The aiil to which he !mid alluded had a very long title,
but he believed it wire shortly a Bill for regulating
schools for anatomy. It was a question of eery great
importance, and was extremely unpopular outof doors.
.For his own part, in considering it he felt a fort of con-
flict between the head and the heart on the subject... He.
'hoped due notice would be given by any Noble Lord
who meant so move the second reading of the Bill Ilse
Noble LOrd then moved 44 that the Bill be prihtee—
'iTtreed to.
Oa the mottos of the Earl of Smarm's' ivv the BIN .was read
the first time. . .
01 the moths of the sans, Nous Bash the Drabs. of .ifogs
41rolasd) Bill was read the Brat time, • •
The hiarquis of D')WNSIUKE Oared the attesdon of his
Majesty's ,Nlinlaters to thisak *Milk ways's' important in its
-patent, and hi only regretted shot It was sot istrodweed
-sally by his Mifesty's Govensuert. The Noble Lord moral that
the Bill be printed. ,

SOllOllllll, m mow mos. • r..
The Earl of SHAFTEEIBUMF ingest spalse.Repoet fof the:
shove BA
• Lord REDESIALE espreeolOhis opinion, that the
taking away the equity jurisdiction, from the Coiset of
Excheqoer wors4 nth; expedite 'the. butioesso *PIO
'another. JudgsWapOuted, boy .ite was porloidlit
would bnee.a coirriry Thy ought Mink' to
-facilitate .the. proceedfugs under thi equitable jtirtidliev
tion of the Court of :Exchequer -than; to. take? it away
entirely. Theta. was one point which it was extremely
material to consider. A. great deal of.the business:if
the Court. of Excheqoer .wai connected with she King's'
revenue, and he did not know' bow that business could
be removed, the Court of Chancery not being the Coen
of the King's Exchequer, unless special Acts were pre-
pared for the, purpose. With respect to delay in Chao-
cery, he believed a gOod deal of it might be attributed
to the practice amongst Chancery Banisters of running
from one Court to another.
The LORD CHANCELLOR remarked, that with
respect to what flurNihfeltord had said regarding the
.practice of Counsel practising in different Coatis, he
could inform the Noble Lord that theßar were disposed
'AO acquiesce in the arrangement which he (the Lord
Chancellor) intended'. to propose for doing away with
that practice. With respect to the taking away the
equitable jurisdiction-from theCotut of Exchequer, he
(the Lord Chancellor) should. have on opportitnity of
entering more fully into that subject to-morrow, but he
nun observe that none of the details connected with
that measure formed part of the present Bill on their
Loidships' table. That subject he (the Lord Chancellor)
had well aid long Considered, in company with other
persons well informed upon it, and there was no doubt
but- he intended hereafter to introduce a Bill for the
•purpoie of carrying that arrangement into effect, and
separating the equitable jurisdiction of the Court of
Exchequer from the common law jurisdiction of• that
Court.—Tbn Bill was then ordered to be irigrossed,tia
to be read a third time to-morrow (this day.)
.. Adjourned at Five Ildsturn Parr Six &ewe.
HOUSE OF COMMONS.
• .Sir fIi.PARRELL moved for Returns of the aasou of genii-
titles of the following articles, on which Custom and Excise Da-
Oft. had been paid In England. Ireland, and Scotland, since VMS.—
Winer Foreign Spirits, Tea, Coffee, Sugar, Tobacco, and • Glass,
.

7The-/OR—D MAYOR presented • Petithin froth Debtorsin
Widereirross•street Prison, prayins for the repeal of the Lew v/f
Arty --To be printed.
1111 OtNIIIAL ASSINBLY AND LION DOLLED&

The LORD 'ADVOCATE said, that he had to pre-
sent I. Pitition . from the General' As4mbly of the
'Church of igcotiaod, to which he begged the attention
of this Hors.- Some years• ago. a Committee -bf the
Geperal Assembly of the Church of Scotland was lip.;
pointed for- diepurpoic of colleciing and recovering
.various manuscripts cOnnected with their Ecclesiastical
Establishment; and, among other. objects to which this.
Cominitteevere required to
.direct their attention; diey
were specially instructed to Printlbe.aticient record env
tided .TAlikek of the Ustivetoal Kirk of Scotland.
wai discovereti that this • book, extending to three vo-
lumes,. was extent in the library of San College, lott-
'd'on;. but,.efter repeated applications, the Governors•of
the College not only refused to restore the volumes, but
even to permit a copy of the . work to be taken,. or to,
,allow a collation with the partial abbreviates of it pre-
served in Scotland; the College stating; that they should
lUot.be justified in so doing, under thardeed of unit by
which the possession of these volumes. was icquiresi.by.
the College. Now the history of • these three..vniumei
of records was this: It appeared that they, togetber
with other documents of a similar nature,had been,tfor
' some timepriot to the-Revolution. intrusted to private
individuals, for the sake of secrecy—the.sefity of them.
depending upon it not being known where they were.
The three volumes fell into the hands of the Honoorable
and Kermi.t:id Archibald Campbell, and about thyear
1733, that person, wishing. to make the most of them,
offered to restore them to their rightful owners upon
certain terms. • These terms were the most unreasona-
ble imaginable. Not only was the sum he demanded
extremely Isrgeo. but he required also that the books
...should be published under, his superintendance, and
with the understanding that no member of the Church
of • Scotland was to be suffered to revise the sheets as
they passed through the press. It was of corm's. impos•
Ole that the Church of .Scotland Conid accede to these
-twins; and upon their refusal Mr. Campbell executed
:solzie deed of trust, by which be conveyed the books to
Sion College, on cmdition, es it was . supposed, that
asither tbe.originals, nor a .copy of them, -should be
teen by the, Church of Scotland. Now the COMmis-
sioners• merely -admit for an authentic copy of these
books, but the Fellows of. Sion College bad refused to
atcede to their request. The petitioners stated that, the
Oscar of the hociks to thp College could have. no legal
right to them, and that the, documents are theirs.—
' They do not•reßect upon the Fellows of Sion College;
abbe they dee* ituecessary. as a' list resourcei-to make
an application to Parliament by petition, in the hope
that Wine :beaus may be devised .by. &he wisdom of the
Legislature fot relie,ying the members:6f Rion College'
from the restraint under which they feelthemselvee; and
enabliog them 'either to restore these ancient records to
the Church of Scotland, or to alloir an authentic copy
of them to be taken. He,wonld only 'add, that he
trusted the:Bishop of Loodon, band others. eonnewil
with the. College; would,be,inducedto *se tititmattki.
'in its proper.light; and that, now thatAgblicity war
given to the subject; 'the strOtig.exkesstori of public
*ding would show them that t4Y ptight-itot 'to abide
by the lbsurdeOnditibos p•- male wbehad no le l
right to.the.propersylip.gate.— t.
Sir .J4IittES=.MACAVOSa it*" V jiT4l#o4.. tit
Honourable 41beri wo4ICI saa st thus was !Cawr.
• • •

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