The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-03-27 00:00:00

THE LIVERPOOL STANDARD.

the blue party hit with the stones. Several witnesses were
valiett, who iden,titigAtlte (lama:pip bej ttg 'owe of• the red
party who thrjW'sfoiteS, the • a•Sitiilf. •ini—sllickett,oll, by
f.tVeayin,
,olip of dig defenclatits,—Was-also spoken to. The case
was ele4Tiv ina a niit Igainst ail Rhodes, and after 31r.
slki4cic'hil`ol!o‘l tonnierstins to pripip that he was engaged at
One of the polling boOthg alTday, and ei)isfiegnetitlycould• take
no part in toe riot. ; that ne astetiq youug man, had b:;e.o
Inti:nher of the Teniperanee•Soi:iiity twelve hioritk'apd'Sint'e
tasted itny the case,
I.s 'retirded• kith ; 'was abtitidoiCe4l4 the 'rhe others
were found Guilty, and hjs lordship iiid•he'Shthild, defer passiug,'
ientenee until t inters were tried. •
• James Col v;, Thomas liarrison:,'Petei; Coupe, Win. Dickenson,
Glou'cr, and 77i4mCsVoiu;' were indicted for' a riot, with
6511010 g thp Carefoat,'ind Within assault on
" Ma • .
' • -

him: •
' In this ease it appeared that the attack was made by the
orange and blue patfy, bil'•the 'house of the prOsecutor, about
one o'clock on the day aboYe nailed; that a second attach was
iinade about three o'croelt, when the windows were entirety de-
mdriilied,•the'door'foreed open; and part of the furnitnte de-
Itioyed—and thr(iwn into the "street. Cook and GlOver were
to'bv the piosectitor, Mt. ‘Cardoot, landlord of the Grapes
nti; its hectik two of the'persOns WhO entered the houie: COok
went upstairs to him; threw hiM on the bed, and said,
Our seal;' 'eat 'your throat." He got away froth him,- and
met GliiVer,:oli the stairs, who threatened "to kill him. The
4amage'donefi.) his ful'hiliire was' about £39. The other defehd;
a& were' also: spoken' to; exeept"Tories,•as takingYa'rr in the
affray:.• 'ReVrai-evitnises were calleiron the part 'Of the defend-
ants;-to plove an alibi': • After the learned.' j had sun-tined
up the 'case, SufY at'.quitted Jenes'iind fourid. the rest Guilty.
'llle'defon,lints in both.6aies *ere out on bail. Hii lordship
ordeted thein to attend theifeit da'v'to rpt:eisiVjtidgrrint.
' 1n the Fist 'ease-Dr.:MOWN alipedred fot all the defendants,
, except Cook, who Was defended-by Mr. Bit'ANDT.
'These two cases occupied the attention orthe court from nine
'`b o'clock in the -toornin., until eiglit in the' evening

NISI PRlUS.•:—Tuesnar.
TiWt-eTit PARK AND, THE PARISI-1 OF
3A111.1.1S v.. RoBERTs ASi o ANoTtisp.—This was an action 0:
prohibition on the part of Mr. Mirahatri Belles, nominally
ptejept defetidants, rrnnwao 13,0berts and Mr..Williad
Witistauley, churchwardens. of the, parish of Walton-on-the
Hill, to stay
.preceedings in a suit comineneed in theceneistoria
Court at Chester, against the said Abraham Bellis,Ttir noupay
merit of church rates.; 'but the real question at issue leas whether
the tuwastiii of lexteth-perk wile or WAS not a part of the
Itarish of Walton, spot as such liable to. the payment Of rates
tail ror, the support of. the parish church at thhtyiac:e. The
pleadingswere very:volmuneeus, there being no.lewer- than
eight or nine issues, ',but they, resolved theinielyes. into
Oos,—that the, plaintiff denied his liability, as an itiltabitaut of
Tostaele-Park, and the deandants affirmed it. The'proof there-
fore lave uptio the latter, and their case was tirat,goim into, after
some discussion betwee,u e,ounse) as to whose-n. 04 it was to
The jtilonesui-cis (Mr Sergeant Atcberley,) with
whom were Messrs. Rowel& apd Wvrsote, opened the case for
Ll;e defendants: lle. Observed that the qhestion on this case.
very sie,),q one, via., whether the tewnship of Trixteth-
park Was withio er without. t.41.e pariih of Waltun-on•theellill,
near Liverpool, am' i.v)actikey„, the. inhabitants of ToXtetbepark
Might yr ought not to contribute towards the church-rates of
that nilrish. It 1134 nothing whatever to do with the general
question of churchrates. Aa long as these rates. were main-
tained by law it was only fair that 41 the. parishioners should
contrili Life eqaialtly towards them. It was not until modern
times Ihat:Toxtetheparle had contained.any considerable number
of,lmildiogs,e-it having been lately; an agricultural district ;
but as the meta otLiveypool increased apd extended, 'foxteth-
park li4caine greatly extended also, and. it was now very uu-
merousii aiid respeetaidy inhaliitO• 'These; circumatauces.
predyCed ay inquiry whether or out
Toxteth-park ought not to
contribute to the rharch-rates equally. with the other, townships
conta.inr.,;(l within the parish. Ileyoud doubt, until lately, 'fox-
teth-parle had not paid these rates, -
Mr. Causs.w ELI., (for the plaintiff.)—We have never been
charged till lately.
MG Sergeant ATcHERLI/L—Believed it was true that the
inhabitantshad not been charged till lately, and their case might
be summed up ill these words, " We never have paid these
rates, and we would rather not pay them." That where a place
was within the ambit of a parish it' ought to contribute rateably
to. the parish, unless some clear and distinct ground of exemp-
tion could be.produced. It did not follow that because until
lately the rates had not been demanded, therefore they Were not
to be paid. • If Toxteth-paik.could be shown to be within the
parish of Wilton, common law and common sense required that
it should contribute towards the rates, unless some competent
reason or ground of exemption could be shown to thecontrary,
That. Toxteth-park was within the parish of Walton he was
prepared to show by various species of evidence, the heads of
which he would now state to the jury. The first evidence
whieh, he should produce was an act 'of parliament, passed in
1771, for the purpose of authorising the erection- of a new
church, to be called St. James's, in 'I oxteth-park. It was well
known that before a private act of parliament could be obtained
notice must be given to all the parties likely to be affected by
its provisions, and it must therefore be presumed that that pre-
liminary had been attended to in the present instance. In the
act of. 1774 the place where the new church Was to be erected
was expressly described as " Toxteth-park, within the parish of
Walton.;" and in order to preserve the rights and privileges of
the mother church, it contained au express provision, enacting,
that at the new church of SL James double fees should be paid
for marriages, burials, and the churching of Women, half to be
retained by the minister, clerk, and sexton of St. James's
Church, ark:the-other to be paid over *to tlie vicar, clerk; and
sexton of Walton.. This could, only be becatise Toxtettiplrk
was part of the parish of Walton, and because the revenueteel
the mother church were likely- to be injiired by the erection of
another church, in which those services on-which fees were
4hargeable could be performed. Another clause provided that
tiothing'which the act contained should defeat the title Or !ilee
man& of the rector or vicar of Walton to any fees; duties;
oblations, obventions, or offerings, or any other benelitS or ad-
vanta,,es within the parish of 'Walton,' which were previously
vested, with the said rector. and vicar;" but' that alt such; fees,
defies, oblations) obventions, and offerings should remain .With
the said ministers of Walton, in the same manner as if the act
had never. passed. The act also provided that after the sai,lnew
church should have been consecrated it 'should- be laWful for
eextaid. personsi inhabitants of 'rexteth-park, to appoint the
Minister. to thegaid church, fOr the term of twenty years; and
that from and after the expiration of that term; on •the death,
cession, Ordeprivation of the Minister so appointed, the per=
petual advowson, patronage, find. right •of :presentation and
examination of arid in . the said church should he reeled the
Rev. Henry Ileatficote, then rector of the parish, and hit stip-
cessors for ever. And why, asked the learned gentleman, was
the presentation. to the new church vegteil'in the rector Of Wall
ten? Simply becauSe thu church was within the parish of Wal-
-IPu. lathe year 1-15 another act oU parliament 'wee 'obtained
for the building of: another elittrch, called 'SC.' 'Michael's, in
Toxteth-park, in which' the township was similarly described,
, all& the same reeervations were Made in favour of the ministers,
!clerks, and sexton of Walton. In another'aet, the 51st of
George 111., passed iu 1811, for effecting certain alterationsand
iinprorements in the town aodneighbouthood of Liveipool, the
township of Toxteth-park was described as being "within the
parish of:Walton:" Under another act, passed, in the- Ist- of
Ocotge IV., (1820.) for making and widening certain streets in
the.7theen and neighbourhood of Liverpool, a survey was made
fOr the purpose of defining boundaries, and' it was directed -that
one copy of:the survey should be deposited in the -records of the
.Corporation of Liverpool, another 'in the parish church of . St.
;Nicholas, in that' town, and a third. in the parish- church of
AVstlton, for the purpose id future reference; •and'in that sur-
vey the townships of Toxteth-park, West Derby' apd livertOo
were.4scribed as being " Within the parish of Walton." As he
had already observed„not one of these acts couldbe introdueed
into parliament without. previous notice to the people-41'ex-
tethpark, whose property was likely to be affected by them.—
He should. also mention that the acts authorising the erection
of the new churchei in Toxteth-park contained a prevision di-
recting that the 'publication of marriage banns in the said
;churches should in all respects be deemed as good and valid as
it the• same were published in the' parish. church of Walton.
The next class of evidence which he should produce would be
,orders of application procured by the plaintiff, Bellis, himself,
aS overseer of the poor in Toxtethpark, in whieh the township
was deScribed as being " within the parish of Walton-on-the-
He should also produce coroner's inquisitions,—sworn
to by the plaintiff himself, as foreman of the coroner's jury,--
;and indietments-for offences committed within the township of
Toxteth-park, on which convictions had been obtained at the
.Lancaster Assizes,—and in 'which the place was similarly de--
deeribed. His next head of • evidence would be the rector's
Walton being airy rectory the great tithes belonged
;to the rector, the small tithes to the vicar, and he would show
;from' theie books a continual receipt of the tithes of. Toxts4l-
- by the rector of.- AValton-nn-the-Hill. Ile would then
reihow that leases of the tithes payable in 'roxtetli-park had been
seanted by the rector of Walton, in some iuStapees to persons
who were themselves inhabitants of the Park, and that in• all
-these leasei Toxteth-park was described as being "within- the
,4p4rish.of fie was also in a conditien to
;show that in the year 1821, an, action hail been biought in the
Censistiirial Ceurt, at Chesfer, by the'rectoe'of Walton, afr,ainst
au inhabitant of Tosteth-park, for not seiting oat his tithes.
Ie that action the rector obtained judgment for tithes, in his
character as rector of Walion, and faith that daelo this there
:;wasei -continual payment 'of tithes by the people of Toxteth-
perk to the rector of Walton. So long ago as I*.l there was a
4iptiinr;suit in the Corisi,itorial • Court; against a-person of the
nartie'ef -the • tlfocto.r,: ea:Ong:fut. the men ef.
TOxteth-park, admitted the right of the then rector of Walton.
,His next head of evidence would be the fact that the fees
-chargeable on the-publication of banns, opening of graves, &c.,
were different to parishioners and lion:parishioners, or foreigners
its they wpre termed, and that the Toxteth-park people had al-
ways been charged, and had paid, as parishioners Of Walton.
It appeared that in former timeS a reward was offered by the
officers of the parish for the destruction of foxes and other ver-
min; and he should show from an entry ia the old bookS that a
.certain sum had been paid,•for bikes destroyed, by the'officers
of Toxtethlpark, as oche within the parish of Walton. On the
17th of April, Itititi a person namedßoberfKitchen, described
.as being of Toxteth-park, Was' appointed churchwarden of Wal-
ton, an office which be could not ill unless he were an inhabitant
.lot:the'parish. His next -eVidende would be an order of a cern-
anittee of the House of Commous entitled an "order respecting
plundered ministers," and dated the I.Bth ,of March, 1614, during
the civil wars, in which it was directed, that Whereas gr. Clare,
:rector of the pariTh ~f Walton-on-the-hiit, in the county,
of I.;tineaster, he wholly deserted his eitre.and betaken himself
*to the forces arrayed alienist the parliament, the said rectory
.should be terthwith sequestered -from the said Dr. Clare.; that
all tithes, duties, rents, and benefits of and within the several
precinets of Texleth Park, Livi,i'phole Formby, and -Kirby,
%Ohio the said.'earisli, 'shoulel stem! and be •sequestered to the
use of such Ministers -es should by .norniiiiite d and appointed to
idliciate in the cures, within the several districts of the said
parish; that W illie* Ward, godly and orthodox divide, al)"
pointed to the said reettiry, Shohlit'have. to his own use all the
rents, tithes, see. with region the Said rectory
Was endowed; after
pAylil;7, the morn of £lO per annuli each to, the ministers of two
chapels, one in Lit erpool and the other in 'fokteth Park, as an
atigneentelinh of their Streeede. II ere, therefore, was a distinct
deciaratien, dated Se far hack as 1641, that Toxtetii Park was
in the parish of ,Walten,—a fatit'which he should Fore' both by
the' doctlinents'in Whit:Jibe hadreferred, and by parole evidence,
as to etistorri cud reputation.
Cie learned gentlemen haring concluded his opening address,
a discussion arose its to what facts were to be left to the jurv:
me. Bastin Afoettsots said that the enly,queetionseerned to
be .141Yettier: the township was ktra-paroChial, or 'within the
parish.
who, with Messrs. Roscoe and WATsON,
appeared. for
, for the•fplaintitr, contended, that there 'was another
issue; vii. xviicther the inhabitants orroxteth Park, who had not
been rated from time immemorial, were now 'rateable.
Mr. Baron At•PER-
qO.—No.:, they say indeed, we have not
paid and have never been called liven to pay church or, other
' parochial rates'' ; Lee the defendants say in answer to this,
"Von May not hive been rated,'bet..yOu are inleibitants the
pari'e to be rated " I v•i
and are, tberefores liab, .11, however,
. . . -e on the subject." Ilis lord-ship then
coiieult my biOlkr ark .
the beoch. rot' 'a )iii)p.ntes. On his return; he stated that
raV,46 la the Opinion
that 114.0e1e uestiou w4s• whetherrodetli Park was eetra-
parochial' deulort:'

. .
The various documents referred to by Attorney-General were
tilien vet in and read. The first witness celled was
Nlr John Hayes, coroner of the Toxteth Park, West Derby,
amt Cr/estop divison, who produced a number Of inquisitions oil
Persons. who died in Vaxteth Park, in which the township was
deacribeil as situated iii the parish of Walton. 'They were
irjeted forms, with blanks fur the names of persons and places,
which were filled. up its writing. Knew the plaintiff. Mr. Bettis,
as overseer of the township of Toxteth Park. Produced thirty
Or forty inquisitipus en which Mr. Bettis had acted kts foreman
Of. the jury • Mr. I:3ellis, also acted as foreman of the jury in
the time of the late coroner, Mr. Harvey. Wright.
• Cross-examined by, A struts.. Ir. cl,lw4sLL. • Vll4eXtito OA that Tox-
teth Park was an extra-parochial place.
Resexeinined by the A1•14474,EY-Gli”riAL. Whet) I filled
up the iticlictinents and inquisitious, I inquirei in what parish
the township was situated, and, it is most Likely that gr. ileitis.
hiinseff told Inc it was in the-parish of Walton. hive at Prescot,
which is nine miles off.
Edward Musker, parish clerk at Walton, produced the regis-
ter of marriages, from which some entries were read, purporting,
that certaiu persons, from Toxteth Park, married at W• s; ),
belonged tO the parish. He also read the following iterw r.in
the churchwardens' accounts for the year 1657, " Paid to Themes
Newbury of Texteth Park, fur three foxes' heads, one shilling.'-•'
' Mr. Baron AelaisesoN.-1 dee't see what use you can make
Or that evidenee, Mr. Attorney-General. It only shoes that
there was a man of the name of Thomas Newhury, who went a
hunting and killed three foxes. I suppose there are not many
foxes to be found ia 'roxteth Park now-a-days-
Mr. GRE SSW E L L.—l fancy, my lord, the object of the premium
paid for foxes' heads was to increase the tithe of hens for the
Pqat's t 4 laugh-) . .
'Examination` resumed.—Was sixty-six years old, and had
.Iseeu parish-clerk for thirty-four years. Always imagined that
Toxteth Patk was ita..the parish.:
Mr. James Muskets son- of the last witness, stated that he WaS
forty-three ye afs' of cilte, lived in Walton, and - had kneVen the
parish all his life: .1
-fad 'collected Easter-offerings • frown fhe
inhabitants of Tdkietli Park for 'the vicar of'Weltial • There
tere different fees paid in harsal§, qt filar garish church. The ;
ee on opening, a grave for a parishioner was -Id. Foreigners
rittUir paid 44-, then It/s.,'aud now a geipea,. 3ilac
."l'o.xteth
Paris people were, aliyeys c,harged as, partelsieners. 'piers. was
no distinctinn witli regard to the. fees on marriages. rbe q4Vs
plice fee au burials. for a Person svhsa was ft, pasishiosser was.
ts. 2d., for foreigner; rs. 6tl. The Toxteth L'ark 1,90.P1e paid as
perishioner
s.Had seen fees paid to the reeler, clerks att&sSX-
(oe of Walton on aecouet of.marriagga,btirials, and chttratit.lgS
at St. James's, iq Toxteth park. Had never seen any thieg
pail,fs9"l Si-, Xiglitee.rs.
sioxteth Park was always cotssidered
as being
n the parish of W alien.
• Crcias:examinedby Mr. Clli:§,s:t.r..--Could nut tell whether;
any inhabitant'irrot te\h-Park. fil,d eVerlielda pew id Walten
chord.. There was Only one instance on the books of icr,;:“oh
Park man. being . asvoiuted chureliwardend—lt• a 3.8 that •of
li diked Ilitchen, in 1666." There was an eittry Stating that, in
..
the same year, Niebelas Marsden was appo.inte.d cherchwarded
Of Walton, hy a' spCcial order from the consistery of Chester.
Had' heard it Said that Toxteth• Park was entirasaiareChitit.
Church rates had never been paid iu 'n.tatteth Park; Croxteth,.
or 'SitrionsWood. •.
' Zacliarlol Harrison stated that he was sixty-eight yearS of
age; and'had relitel the iiiiiill iitheS in Toxteth Park for 'thirty
years from the vicar of Walton. `Toxteth'Patk was itiValtoe
pariSh. ThiA.Was•the case for the defendants.
1 Mr. CI: ESSIO%II, for the plaintiff, said there, was one remark
made by his leafted 'friend, the Attorney-General; in which he
entirely conctirred.' Hie learned' friend had stated that this
suit had nothifig to ilo with the general question of church rates,
and that so long as they were continued by law they ought to be
imial. He (Mr:Cie-Smell) had no 'fault to had with this 'doctrine,
but if the payment of a thing for a long time were a reason for
its cOnfinnt4nce, untit al,ered by law, certainly nertspaymeat
fram' tune iniTemorial,Nroaed a geed giOuntt of clematises,
and that was just Platuttirs. case. It was admitted pia the
record, it was admitted by the absence of testimony to the Cote;
trary, that far seven of eight hundred years, no church rate had
ever been paid in 'respect of the houses or lands. in question.
esTliy then was it sought to disturb that exemption which had
• existed for so many centuries ? 'rhe land in Toxteth Park was
' held by a distinct-tenure, and had been so from the earliest
period; it was conaidered as free from the burden of church
rates, and had passed from hand to hand at a price commensu-
rate with that freedom. ' The same thing might be said with
regard to the lands in Groxteth and Simonswool Why should
the inhabitants of Toxteth Park be burdened with a charge from '
which they never had received any benefit whatever? It did ,
not appear that any one of them had ever held a pew in Walton i
church, or derived any benefit from it; consequently they were
not-the persons tube called upon to pay towards its snpports He
should, however, be able to prove on their part a distinct ground
of exemption. FrOm the earliest neriad of the histOry of this
country tithes had' been paid' to somebody. After the' coup-
cif of Lateran, were paid to a particular church; then .
paristies.were'divided into districts, and perions boned to pay
tithes were directed to pas to the church situated within the dis-
trict to which the bottomed: Lands not liable to pay. tithes to
any particular church belonged to the crown, and were gene-
rally styled extra-parochial: Blackstone, after speaking of the '
origln of parishes, described them as having been gradually
formed by church eudowtnents, and then went on to say that
there were other lands and places, which, either in consequence
of theit: being in the hands of irreligious persons, or from some
other cause, had never been united to any perish, but continued.
.to be extra-Parochial; that in these extra-parochial places
:tithe,s were payable to, the Kingiusteed of to the bishop; and
that the King might grant such` tithee by letters patent to
' Whom' he p'.eased. Stich tvas the opinion of Blackstone, and such,
.lie-Wits prepared to :fees-, was the situation ofTexteth Park. The
-earliest piece of evidelice With which he would, trouble thejurY. 1
.consisted of three er heir documents of ancient date' sewing 1
'that '1 oiteth-park, as well as Sitnonswood'aild Creiteth; which
places had. also been exempt hitherto from • the payinept of '
etierch rates, formed part of the royal farm of West•Der,l4.
Thisse documents li:ad heel' extracted horn the'reCOrcls'preperVed
'in.the toner. The' first 'este, frOin'tlie!` Te.s.ia de NeilliCer.qmpil
in the
.1- eer'l2l.6, io .ditch a certainufee belepgiqg.o,lll,e crown
'was given 'tti one Richard "rhingwalt, •" in 'exelrange for bind'
'in' Sineddon, which our lord, the King, 116,S thrown into ilia
'forest.''Tip next' was from the "'Pjpeltoll" of Henry -III.;
in 1229; ill which one of the ministers -appointed to collect the
• reyal• a eveuties exetised -hit-itself' frohi so- doh*, -oh' theland ao
exchangetl;,." because the Waste of the Ville de Stateddon"' had
been thrown by King John into the reval park or forest; The
pipe .Roll of 1230 contained a royal 'Order for pulling'down,a
'Reliefs and building a stone wall nitind the' park of Taitdfli:'
Winn which it clearty appeared that Toletli was at that perii'd
one of the p1ac"..,3 where tithes did not liiltirtg,'td any particular
ehtirch. '1 he next WO an " Inapeximes Charter," of the 2d 'Of
Henry IV., contienting grants made by Roger,'Eari of Poic-
tiers, and the Earl cif Morton, (afterwardi King John,'f of the
tithes of all forest lands in Laneashire'to "'Gad, and St. Mar-
tin, and the church of St. Mary at Lancaster."' 'Amongst the
fOrestj enumerated *as that of Toxteth. • By another grant Of
the same Heger of Peietiers; similarly crinfirmekthechnrch of
Walton-on-4be-hill .vas given to the abbey of St: Peter and St.
I?atilin Shropshire. ''rhere were; therecsite; twO•distinct grants
to Roger of•Poietiers, Clearly, showing* IlTat at that periodsToi-
teth-park aid' Walton were separated, the one being given to
the priory at Lancaster:the other to an 'abbey in Shropshire.
He need hardly Say,-that at the dissolution 'of the monasteries,
in the reign •Orlienry VIII., both the Church at Walton and
thetithes of Toxtetli-would revert to the crown. It appeared,
therefote, from authentic documents, that in many ages past.
Toxteth had been one of those places which were exempt "feast
parochial rates, and the Clergsman's right, tie tithes.was to IX
presumed. from bang usage, why, he' asked, should it be sotig,ht.
to disturb an. exenaption immemorially enjoyed by the inhabi-
tants, and. compelithem to contribute to the repairs of a church
id which they did not resort, end.' in. which the), never had a
pew? Another document: which he, should, produce was. the
taxation of livings made in the time of -Pope,Nicholas, (1259,)
in which different townships lying in the parish of Walton were
~eliumerated, but no mention was inade:of TOiteth-park, Crox:-
tette or Simenswopd; In another ancient document, the " Nona•
1i011,,",.,qf the date of 1312, 'Kirby, FormbY, Egerton,
West
L1ej14.,: 'Kiri:dale, Bootle-cunt-Linaere, and Livetnool• were.
'enereerated as being in the Parish' of.Waltoo, but tio.mention
wag•rowle of Toxteth, Simoeswood, or Grox.teth. It was, there-
fore, perfectly- clear that at that. period those three places did
not pay tithes to any church. In the. time of Queen Elizabeth
the pail of Toxteth, and Smitlidown, described ire the Pipe Roll
of 1229 :is Stneddmi, was granted to the Earl of Derby, and from
that period the large tithes tilid'been paid to the rector -otWal-•
•ten, and the 'small tithes te,the vicar.' In all instances where
hurdetii were imposed on parishes Toxteth' park remainedei7
empt, unless the Mode of collection Were 'pointed out in a public
-act of parliament. Thus, ter instance, until the year 1815, the
,55th nf Geo. 111., there was no statute directing the eolleetioti
of the cmintv-ratein extraparechial places, arid, accorliegly,
the jurp winild find..that no county-rate had ever been paid in
respect of land lying in the township of Toxteth-park. Brit, in
the sr)th of Geo. 111., an act Was passed authorising 'the Once,
dien in all places, Whether parochial or extra-parochial, and
-since then Toxteth-park had paid to the conrity-rate. Was it
to be supposed that a place; Of such considerable value as 'Voss.
tett' *OOl have been exempted from the payinent of county,
rates until that statute passel if it hid not been 'firmly believed
that it ',Was extra-parochial? Had the parish never had its at-
tention drawn to this subject before ? That it had was evident
from this 'entry'which he funnel in the .therch books produced
by his learned friend,—" At a vestry held this.lst day•of April,
.1755, it is Ordered and agreed that the ciVut•chti'arden or'hiS suc-
cessors shall' take ono or more oOin inns hold fa'r the inhabitants
of Croxteth, SindonsWood,. and •Texteth are Vable to Pay the
parish ley." To this entry were affixed the names of Sylvester
Richmond, the rector, and of several parishioners. Ten years
atterwards there was an entry in precisely the same terms,
'-Sylvester Richmond, still tiling rector, but nothing-was said of
ilhe result. Ile (Mr.-Cresswell) supposed that they got opinions
'and did not like them, for not a syllable did the book contain
upon the subject. One solitary entry, dated 1666, had been re-
ferred to for the purpose of showing that one Robert Ilitchen,
ot'Toxteth-park, had been appointed
.churchwarden ; but it did
not appear that Hitchen had ever performed One single act as
cherchwardeu, and in the curse of the same year the consist-
ory court at Chester issued a mandate for the appointment of
anpthor churchwarden, probably because Ilitchen, as an inha-
bitant of Toxteth-park, either refteled'or was deemed ineligible
to serve. Another Circumstance of Mitch greater weight than
mere heresay evidence ai 'to reputation on a matter under dis•-
pute was, that in 1692, the 4th of William and Mary, an act was
passed authorising the collection of the land-tax in all places,
whether parochial Or extra-parechials and appointing assessors
for the latter, and under that act•the laud-tak had since been
collected in Toxteth-park as au extra-parochial place. Ano-
ther document which he should •prodike was a book matte by os-
dei• of the magistrates in 1624, after the park had been granted
to Earl Derby, and entitled " A. book of rates for the county
palatine of Lancaster." In that book no mention was made of
Toxteth-park, and it was not till the year 1815 that any county-
rates were levied in that township: In conclusion the learned
gentleman contended that all these circumstances • tended to
show that Toxteth-Park was and always had. been extra:
parochial, and that there was no pretence for disturbing that
exemption front church-rates which they had so long enjoyed.
Mr. Bataan A. 1.. DER S 6 N.--Is there any instance of a pdot-rate
being levied in a township not within the parish ?
Mr. GiteSsweet.:—The iuhabitants have always supported
their own poor, my lord.
Mr. Baron Aernesore.—l. do not think there is any instance
of an; tiverseer of the poor ailing in an extra-parochial place.
Mr. AMBROSE het C 1,.. was then sworn and produced the docu-
ments referred to'bv the plaintiff's counsel, or copies thereof,
which were read at length, so far as they were material to the
question at issue. •
Mr. EDNV An r) GoesT produeed from the office of the clerk of
the peace the book used as the county-rate book from 1624 to
1815, and stated that up to that year no county-rates bad ever
been levied on the township of Tc-ttetli. Since 1815 the town-
ship had been rated.
Crois-exainined •by the A rronstts-GeNettae.—Mr. Lace,
the last witness, was clerk to the magistrates of West Derby
Hundred. Had attended at the sessions since 1821, and had
frequently seen 'Mr. Bettis, the plaintiff, sworn to documents as
overseer of the poor for the township of Toxteth-park.
''Amongst the documents subsequently-produced were a war-
rant from. the magistrates, dated 1692, appointing aesessers• for
the collection of the land-tax in Toxteth-park as being a pri-
vileged or eitra;parochial place; a grant from .Queen Eliza-
beth, dated' 1594, giving to Henry, Earl of Derby, Toxtetit-
park and Smithdown, in tail,,at a yearly fee of lls; 70., and a
warrant for calling out the militia, dated 1772, and directed to
".The overseers of the-poor of the extra-parochial township of
'Toxteth-park."—The Judge then adjourned the court. ~

NISI PRIUS.-WEDNESDAY,

13ELLIS V. RO3l-11T; sitting of the
court this morning the further hearing of this case was pro-
ceeded with.

-M;.Citsss.vrxtt, proposed to put in an order to the magis-
trates, &c., to suminon certain papists, or suspected papists, in •
the township of Toxtetb-park to come in and take the oaths re-
quired from them. tie ilesc:ihed it as coming from the posaes-
sion of the descendant of one ofthe parties•to the order.
The ATTOWNEY•GENEit AI. objected to its production unless
it cotAl be shown that the' person frinn Whom tt caine was really
what he was described lotie.
Mr. CRESSWfiI. L.—We'tertainly are not in a condition to
prove his pedigree. I must therefore throw this order aside.
l'he two entries from the parish books respecting the taking
of an opiniOn or opinions, whether 'Foxteth, Simonewood, and
Croxtetli were liable to pay the parish ley, were then put in and
read.
Mr. RD N 4 A 1) Go ewe piodueed from the office of the clerk of
the peace the countv-rate-book in use from the 4th of Decem-
ber; 1815. Toxtetli-Park was amongst the places paying the
counly.rate, aitd was called '" Toxtothliark, extra-parochial."
• MT.-CaEssvf,V,l. then proposed to put io a' parliamentary
paper containing .the population returns for the county of
-
. The ATTORNEY-GENERA L.—l tin not see how a copy of a re-
' turn made by a committee of the House of Pommons is evidence
- against me.
Mr. Caassw.ELL.—lt is a copy of a public document.
Mr. liaitni AL'onitsox.—This is no evidence unless there be
-an act of parliament to' make it such. It is highly desirable
that there should he such an. act, for at present the most valu-
able documents, such as Doomsday Book, are excluded unless
the originals can be produced.
Mr. tlitEsswut.t..--,That is the plaintiffs case.
Mr. Baron At.nitesoN.-,There has beMi no evidence to show.
that the iiihabitanti of lloateth-park have. not been rated ini-
.reemoriallY, or that they are nowrated. • •
''he ATi-oritier,GaNtnkr... said that those facts had been ad-
`, riiitted, and the question; whether they were now rightly rated
' qr nordepended on the fact' 'whether •Toxtetli,park was or was
riot within the. parishtif Walton. He contended that, there was.
nothing before the jury to show that; 'Prixteth-park ever was a
royal forest, and that if. it were there Waii.nothitig in the charac-
ter of a forest to show that it must necessarily 'Lnextra paro-
chial. The learned gentleman having addressed the jury, at
considerable length, in reply to the plaintiff .s case,
Mr. Barna ALDERsoN proceeded to subs up the evidence.
He observed that the simple question for the consideration of
the jurvlwas, whether Toxteth-park was as extra-parochial place
or within the parish of Walton. There were two heads Otevi-
dence both Sides, documentary and parole, as to certain
firsts, attci also as to reputation. The jury weuldd weigh, both
sides attentiVel?, anti if they.were of-opinion- that 'foxteth-park
wes not within the parish of Waiton, their verdict would lie for
the.Plaiutiff; if they thought it was, far thealefentlariti.
His lerilship then went over the evidence.
- The. jury retired, and after about an hour's. consultation re-
turned with a verdict for the plaintiff, by declaring their (ipi-
iliotb through the foreman, that Toxteth-park is an extra-paro-
chial township. . .