The suppliant ashes strew my sorrowing brow, On whom thy Spirit hath not deigned to shine,- H. M. K. LAW REPORT. No. XLII.-ON THE CLAIMS OF THE LORD OF THE MANOR. ROBERSON v. HARDWICKE, THE REV. W. H. M. Roberson, M.A. of Lincoln College, Vicar of the parish of Tytherington, in the county of Gloucester, filed this bill against Thomas Hardwicke, Esq. to restrain him, by perpetual injunction, from bringing any action or actions at law to recover possession of two small parcels of land which had been enclosed by a stone wall by the predecessor of Mr. Roberson (the Rev. Mr. Green), and which now form a part of the vicarage garden. It appeared that Mr. Green was instituted about the year 1816; that he made great additions to the house, and that he turned a new front which he added to the house in the direction of these parcels of land: he applied to Mr. Hardwicke, who was lord of the manor, and also patron of the living, for his permission to enclose or throw these parcels of land into his garden-the parcels of land altogether did not amount to a quarter of an acre, the larger part of which was waste land-to this Mr. Hardwicke readily consented. Mr. Green then incurred very great expense in building a wall all round the garden, these parcels of land, and the orchard, before disunited, but which, by the addition of these parcels of land, now became united: 'but there was no legal conveyance of the land, they being of such small value as not to be worth the expense of a conveyance; the whole, when laid together, was laid out as a lawn, and planted with ornamental trees and shrubs. When Mr. Green made the additions to the house, he borrowed 500l. under the Gilbert Act, with the payment of which the living was still incumbered when Mr. Roberson was instituted; but it did not distinctly appear that any part of the money was applied to the wall or garden, so as to shew that Mr. Roberson was still paying a pecuniary consideration in respect of these parcels of land. Whilst Mr. Green was engaged in building the wall round the premises, Mr. Hardwicke, who sold him part of the stone of which it was built, and caused it to be carted to the spotfor which he was paid-was constantly looking on during its progress -never made any objection, but in various ways encouraged the building of it-and for nearly seventeen years the two parcels of land had been enjoyed by Mr. Green and Mr. Roberson without any objection on the part of Mr. Hardwicke. About two years ago, however, Mr. Hardwicke thought proper to claim a right to resume the two parcels of land, broke through the wall where the land was situate, and brought his action of ejectment to recover them. Mr. Pemberton and Mr. Ellis contended that this was a case of fraud in the contemplation of a Court of Equity; the defendant had consented to the enclosing of the land-had stood by and seen all the alterations and improvements made upon the premises had seen the wall built enclosing the land-had seen it planted and improved at great expense, and without objection-and had actually sold the stone of which the wall was built, and received the money. It would be monstrous if he should now be allowed be to take it back again. Mr. Kindersley and Mr. Blake, for the defendant, could not deny that, so far as regarded Mr. Green, who appeared to have laid out a considerable sum of money from his private funds in enlarging and improving this land, it would be hard that Mr. Hardwicke should, under the circumstances, be entitled to take it from him during his incumbency; but they contended that it did not appear that any of the money obtained under the Gilbert Act was applied towards building the wall or improving the land in question; therefore that the plaintiff, Mr. Rober son, could shew no consideration for the land, and that if any equity was gained by Mr. Green, that at least none was gained by Mr. Roberson. Mr. Ellis replied, that the land was of very small value, as to the freehold, about the sixteenth part of an acre, and as to the waste, only amounting to the right of herbage, together with the other commoners, upon the seventh part of an acre ;-thus, therefore, the smallest possible consideration would support Mr. Roberson's equity; for that purpose he had proved that Mr. Roberson still kept up the plantations and shrubberies upon the land in question, at considerable expense, without objection on the part of the defendant;-that loss or damage was as much a consideration in law as actual money payment; and that great expense would be incurred by him if the land were taken away, and he were compelled to make new fences, and to restore the premises as they were in 1816;-finally, that Mr. Hardwicke had presented him to the living as it was-without any notice of any clain upon his part. Lord Langdale held-that the plaintiff was entitled to the relief he prayed, with costs. Looking at the value of the land, the smallest consideration was sufficient—that the expense which must be incurred by the plaintiff, if the land were taken away from him, was a sufficient consideration-that the defendant had presented the plaintiff to the living, and if he meant to take away the land he should have given him notice at the time. POLITICAL RETROSPECT. THE PENINSULA.-SPAIN is in the utmost confusion; and the cause of Don Carlos is no doubt considerably benefited thereby. The only circumstance from which we can augur favourably of the cause of Christina, is the fact of Mendizabal, who was lately so unceremoniously dismissed to make way for the Isturitz ministry, having accepted office under the present system. He is too astute a man, and too well acquainted with the chances of success to the Constitutional cause, to have accepted office, unless there had been great hope of ultimate success. The flame has extended to Portugal; and poor Donna Maria has been also compelled to pro claim the former Constitution. In the midst of all this uncertainty, we will not hazard conjectures, but must leave to time alone the denouement of the great drama. FRANCE.-Alarming accounts of the state of the army have lately been industriously propagated, evidently by authority, in the ministerial press. Hence some energetic measures for its purification may be expected from the vigour of Louis Philippe; for we can hardly suppose he would have announced the fact, unless he had designed to prepare the public for such an event. Should in all the public securities, not only UNIVERSITY, ECCLESIASTICAL, AND PAROCHIAL TRIBUTES OF RESPECT. REV. J. P. M'GHIE.-We understand that an elegant silver salver, purchased by subcription of the inhabitants of the parish of St. Edinund's, and other admirers of the Rev. J. P. M'Ghie, has been presented to that gentleman. The following is a copy of the inscription:-"This salver was presented to the Rev. John Poulett M'Ghie, by those, who having attended on his ministry, were anxious to afford some testimonial of the deep sense which they entertain of the zeal and ability, the faithfulness and urbanity, with which he discharged the most sacred and important trust which can subsist between nian and man." REV. HICKS DEACLE.-A most gratifying tribute of respect has just been paid by the parishioners of Sutton, in the Isle of Ely, to their late worthy curate, the Rev. Hicks Deacle. A handsome piece of plate was presented to him, after a residence of fifteen years amongst them, and it is with justice we add, this testimony of their friendship was raised by a voluntary subscription from all classes. REV. C. PILKINGTON.-At a public dinner given to the Rev. Charles Pilkington, B.C.L. of New College, late Rector of St. Lawrence, Winchester, at the White Hart Inn, by the inhabitants of that parish (Mr. James Woolls in the chair), an address, accompanied with two rich silver salvers, was delivered by Rich. Littlehales, Esq. on behalf of the inhabitants, to the Rev. gentleman, and suitably acknowledged by him. THE BISHOP OF LICHFIELD. The inhabitants of Kenilworth have presented Dr. Butler, the newly-created Bishop of Lichfield, with a valuable and splendidly-bound edition of the Bible and Prayer Book, in testimony of their regard for the conscientious and disinterested manner, in which he had discharged his duties as their vicar for thirty-three years. During that period he had drawn nothing from the parish, but had expended on the parish all that remained after paying the curate. Mr. Atwood, his curate, in the name of the principal inhabitants, who were all assembled in the new school-room, made a short but effective speech in presenting the above, which touched the feelings of all present. REV. J. TOPHAM.-The plate subscribed for by the friends of the Rev. J. Topham has been presented to that gentleman, by J. H. Foley, Esq. The gift consists of a large and beautiful vase, of the chastest design and most exquisite workmanship, emblazoned with the Rev. gentleman's arms, and opposite the underwritten inscription. The salver is equally elegant in its form and decorations, with a similar inscription in the centre, the words "vase" and "salver" being transposed; together, they weigh 260 ounces, and were manufactured by Mr. Keely, of Bimingham. "This vase, together with a salver, was presented to the REV. JOHN TOPHAM, M.A. Rector of St. Andrew in Droitwich by his fellow townsmen and friends, as a token of respect to his general character, and a testimony of the sense entertained by them of his services in the cause of civil and religious liberty." REV. W. JONES.-The inhabitants of Baschurch, Salop, have presented their esteemed pastor, the Rev. William Jones, M.A., as a mark of respect, on his recent marriage to Miss Young, with several splendid pieces of plate, the principal of which is thus inscribed: "This waiter, with a coffee-pot and pocket communion-plate, was presented to the Rev. William Jones, Curate of Baschurch, by his parishioners on his marriage, in testimony of their great respect and regard. July 5 1836." MARRIAGE ACT.-All persons who wish it may be married at Church as heretofore.' Marriages may be solemnized on production of the Registrar's certificate, instead of by bands; but licences may be granted by the Archbishop of Canterbury and Surrogates. Quakers' and Jews' marriages (both parties being of the same society) are declared to be valid on notice to the Registrar being given, and his certificate being obtained. The Union clerk or other Superintendent Registrar to be also Registrar of marriages. On every intended marriage (except by Church licence) one of the parties is to give notice to the Superintendent-Registrar of the district, or if the parties live in different districts, each party is to give notice in his or her own district, stating name, surname, profession, or condition of each, the dwelling-place of each, and the time, not being less than seven days, that each has dwelt therein, and the church or other building in which the marriage is to take place. The Superintendent-Registrar is to enter these notices in a book, on being paid one shilling for each. This book to be opened to the inspection of all persons, at reasonable hours, without fee. The notices of intended marriage are to be read three several times at the weekly meetings of the Board of Guardians, If the marriage is to take place, otherwise than in the church, and if no cause is shewn to the contrary, as after-mentioned, a licence for the marriage at the end of seven days from the entry of the notice may be obtained of the Superintendent-Registrar on payment of 31. above the stamps; for which purpose one of the parties is to attend before the Superintendent-Registrar, and produce the certificate or certificates of entry of notice, and to take an oath, or make a declaration as to there being no hindrance, and as to residence and age, If a licence is not required, then, at the end of twenty-one days from the entry of the notice, or at the end of seven days in case of licence, and if no cause be shewn to the contrary, the Superintendent-Registrar, on being requested, and on payment of one shilling, is to give a certificate of the entry of the notice. Any person authorised may forbid a marriage by entering the word "forbidden" in the notice book, and subscribing thereto his or her name, and place of abode, &c., and stating the reasons. Caveats against marriages may be lodged with the Superintendent-Registrar, on payment of five shillings. If marriages are not solemnised within three months of the entry of the notice, new notices are required. On the solemnization of marriages, if at church, the certificate is to be delivered to the minister; if otherwise, the certificate or licence is to be delivered to the registering officer, or to the Registrar in attendance. Registrars to be present at marriages are to be appointed by the SuperintendentRegistrar, subject to the approval of the Board of Guardians. All buildings used for religious worship may be registered on the application of a proprietor or trustee, who shall produce a certificate signed by twenty householders, stating that such building has been used by them as a place of worship for one year, upon payment of 37. to the Superintendent-Registrar, for the certificate of registry; and he is to advertise the same. On the removal of a congregation to a new building, the same may be registered, although such new place of worship may not have been used for that purpose during one year then next preceding, upon payment of an additional 37. Marriages may be solemnized in registered buildings, according to such form and ceremony as the parties may see fit, with open doors, between eight and twelve o'clock, in the presence of the Registrar of the district, and of two or more credible witnesses; but each of the parties is to declare, in some part of the service, “I do solemnly declare, that I know not of any lawful impediment why I, A. B., may not be joined in matrimony to C. D." And each of the parties are to say to the other, "I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful wife (or husband)." Any person objecting to be married in a registered building as before-mentioned, may, after notice and certificate as aforesaid, be married at the office, and in the presence of the Superintendent-Registrar, and the Registrar, and two witnesses, with open doors, using the words before mentioned. Ten shillings is to be paid to the Registrar on each marriage by licence requiring his presence, and five shillings for other marriages. Marriages are to be registered as provided in the Registration Act. Lists of places for the registration of marriages are to be printed every year. Any person who shall enter a caveat with the Superintendent-Registrar against the grant of any licence, or issue of any certificate, on grounds which the Registrar-General shall declare to be frivolous, shall be liable for costs and damages. Marriages contrary to the Act are declared void, and all persons guilty of making false declarations may be indicted for perjury. SCHOOLS OF THE ESTABLISHED CHURCH AT LIVERPOOL.-The foundationstone of the first of the schools to be erected at Liverpool, for the use of the children of the inhabitants of the town, was recently laid. It will be recollected that the present corporation determined to introduce into the corporation schools the partial distribution of the Scriptures, upon the Irish system, instead of allowing the children the free use of the Bible. The Clergy, who had gratuitously officiated as instructors at those schools, objected to this arrangement, and requested the corporation to alter their determination. The corporation, however, positively refused to admit any other system into the schools, and the Clergy then withdrew their assistance, and called upon the public of Liverpool to assist them in forming new schools, where the Scriptures might be used in their original integrity and purity. The result was, a meeting at the amphitheatre; and, subsequently, a sum of 12,000l. was raised by subscription. Between nine and ten o'clock in the morning, the parties who were to join in the intended procession assembled in St. Peter's Churchyard, and they proceeded in the following order to the ground in Bond-street, where the school is to be erected:-The Operative Conservative Association, consisting of about 500 members. The Tradesmen Conservative Association, of whom about 1,000 attended. The children of different charity schools of the town, amounting to 7,700 boys and girls. The Clergy (nearly 100), in full canonicals. The trowel was then handed to the Rev. Mr. Brooks, and the various coins of the King's reign having been deposited in the stone, it was fixed in its final resting place. The Rev. Mr. Brooks then stood on the stone, and spoke at considerable length. In the course of his speech he said,-" Since the important meeting held at the amphitheatre, aspersions had been cast on the Clergy of Liverpool, and motives the most unworthy had been attributed to them. They have been charged with falsehoods in saying that the Bible has been excluded from the corporation schools. Polemical controversy I greatly dislike, and it is foreign to my habits, and I deeply regret when I am called on to engage in it; but when a sense of duty calls on me to express my opinion, I am ready to avow it in a firm and unflinching manner. I deny the truth of the charge thrown upon the Clergy, and I call your attention to two facts to put the matter in its proper light. The first simple fact is, that the town council of Liverpool, on the recommendation of their committee, did resolve to adopt the system of education called the "Irish System." This incontrovertible fact the town council never attempted to defend or deny. The other fact was, that that system was framed under the particular circumstances in the country where it is used, and the object it had in view was to bring together two opposite and contending parties. In doing so the Protestant would not receive the Roman Catholic version, nor would the Roman Catholic adopt the Protestant version. They therefore determined there should be no version at all, but selections made by Protestants, Roman Catholics, and Presbyterians; and, to steer clear of all, they put the Bible out of the question. In Liverpool, the system adopted was on the non-admission of the Bible; yet it was said that the Bible was not excluded. But would it be possible to come to any other conclusion than that the Bible was excluded?~(hear, hear.) I trust' I shall hear no more of the corporation of Liverpool accusing the Clergy of falsehood-(cheers.) If the Clergy required any justification for what they have done, they found it in the general feeling that had responded to their call. It was a |