The Statesman.
London, England, 1812-11-27 00:00:00

UUTROPIP V. LORD 11UNTINVIRLD.

One of the Learned Gentlemen who•appeared in
this case on the part of the Plaintiff, requested that
their Lordships would be pleased to postpone the
discussion of the case till to-morrow, inasmuch as
Mr. Leach was bnxily employed in the Court of
Chancery, and his other learned coadjutor, Mr. 8.,
their Lordships would be sorry to be informed, was
confined with the'gout.
Mr. DAUNCEY, who appeared for the Defendant,
immediately said, that he was particularly sorry for
the uncomfortable plight of his Learned Friend Mr.
8., because he was a sociable Gentleman. Be had
dined with him yesterday, and he displayed signal
activity in walking, about eight o'clock at night,
at which period he parted with him. Notwith-
standing all that, the gout was a very convenient
excuse.

The Loan CHIEF BARON answered, with a smile,
that he recollected when Sir Fletcher Nuivou was
Speaker of the House of Commons, a curious inci-
dent happening respecting the apologies of friend-
ship. A meeting of Learned Gentlemen took place
upon some very urgent business, and the Chairman
'enquired with much solicitude concerning Sir Fletcher
Norton, *hose presence Was absolutely necessary
for the arrangement of their concerns. Several
Gentlemen immediately arose, and made a very cete-
monious apology for the absence of the Speaker of
tee House of Commons. They had called on him
that very evening, and they were authorised by him
to say, that his professional duties were so multifa-
rious, and the situation of the Speaker of the Com-
mons had been that day so arduous, that he felt him-
self very fatigued, and unable to be present at their
meeting. The Gentlemen had scarc finished their
aplogy, when up started the herculean figure of Sir
Fletcher Norton himself, to the great consternation
of his apologists, and advanced towards the Chair..
He thanked his friends very courteously for the care
they had taken of his reputation, and he hoped, that
ever after, with them enquiry would precede
apolog.
Mr.y DAUNCEY said, smiling, " My Lord, I
really dined and walked about last night with my
Learned Friend, and his appeaaance will create no
consternation within me."

The case some time afterwards commenced; it was
bill filed in Equity, by a Spiritual Rector, praying
for a decree of tithes.

In answer to the bill, the ATTORVEY-GEXERAL
contended, that the Rector had filed his bill for
tithes which did not appertain to him, for he claimed
the tithe of Huntingfield pleasure park, that, ac-
cording to immemorial usage, had been covered from
tithe of kind by a modus, along with many other
fields belonging to the same estate. Having dis-
missed that part of the bill, he maintained that the
remainder was wholly vexatious, inasmuch as it
claimed tithe for grazing a 25 acre park for one
month, at Michaelmas, the w hole tithe of which,
according to most scrupulous investigation, could
not exceed 2s. 9d. in the case of " Griffiths and
Williams," tried in the y ear 1695, a bill was filed
for the tithe of a cow and a calf, which came to a
snm of threepence, but it was dismissed because it
was too scrupulously minute and vexatious. lie
hoped their Lordships would do the present bill a
similar favour.

Mr. DALTNczy appeared on the same side, and ob-
served, that the preseut case had depended for five
years. The Plaintiff had tried his cause before a
Jury and lost it, because they found that the plea-
sure park of Huntingfietd possessed a privilege of
freedom from tithe in kind from titue imme-
morial.

Another Learned Gentleman, on the same side
said, that really the present Bill had been filed to
recover a few shillings, and the whole proceedings
would cost at least 6001. In the case of Baker v.
Attey, in Groillian 493, a bill was filed, claiming
Easter offerings of a family, but it was dismissed
because of the smallness of the sum, and he had no
reason to apprehend that a better fate awaited the
present bill.
Mr. LEACH appeared on the part of the Plaintiff,
and maintained, that his Client was the Representa-
tive of the Church, and it became his paramount duty
to protect its privileges, for he was not like an indi-
vidual that could surrender part of his means lest the
whole should be disturbed. Re bad strictly en-
quired in. his parish concerning the immemorial
usages of tithes, and he bad proceeded In the case ao-
Cording to the information that he could procure.—
Since reasonable grounds had, therefore, appeared for
filing the present bill, he hoped their Lordships would
not dismiss it with costs.

The Lone Cent. BARON said, that the Rector
had lived for twenty-five years in the parish, and
ought to ha►e attended to his tithes. Knowledge of
the fact was within his reach, and he should have en-
quired assidiously concerning the right that he pos.
'eased before he filed the bill. He had neglected to
avail himself of knowledge within his reach, and he
would be obliged to pay the costs of attempting to
disturb an old immunity. The tithe for grazing a
month on a twenty-five acre park at Michaelmas,
could be so very little, that the Court could not,con.
template the bill as having been filed for more than
4 few shillings, which was by far too scruplous and
minute for the Court to entertain.,
Batons Tuomesou) GRAHAM) and Worn), were
of the same opinion.

On Wednesday morning eight young beautiful
cream coloured horses were exercised in turning short
round in the Court-yard of St. James's Palace.
It is an undoubted fact, that from the crop of a
partridge, found dead during wheal setting-, 16 score
grains were taken. Now, presuming this to have
been the consumption of 24 hours in the treed-time,
who can compute the quantum of loss sustained by
the maintenance of game ? The passion for preser-
vation is in truth running to the excess that the
French Noblesse indulged under the old regime, and
needs there a stronger or more salutary caution to be
given to the English Gentleman?