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CASE for injury to the reversion. At the trial before Baron Garrow, at the last Norfolk assizes, it appeared that the defendant, who occupied as tenant from year to year certain premises belonging to the plaintiff, had, at his own expense, erected on the premises a pump, which he took away when he quitted them.

The pump was attached to a stout perpendicular plank; this plank rested on the ground at one end, and at the other was fastened by an iron bolt or pin to an adjacent wall, from which it was distant about four inches. The pin, which had a head at one end and a screw at the other, passed entirely through the wall.

The tube of the pump passed through a brick flooring into a well beneath. This well had originally been open, but the defendant had arched it over when he erected the pump; and, in withdrawing the tube, four or five of the floor bricks were displaced, but the iron pin which attached the perpendicular plank to the wall was left in the wall when the plank was removed.

Under the direction of the learned Baron, (who thought the pump parcel of the freehold, inasmuch as it could not have been the subject of larceny at common law,) the jury found a verdict for the plaintiff, damages 4l., with leave for the defendant to move to enter a nonsuit.

Serjeant Wilde having obtained a rule nisi accordingly,

Serjeant Storks now shewed cause. The general rule is, that what is fixed to the freehold cannot be removed by the tenant without incurring the con

sequences of waste. The exceptions to this rule have been carefully enumerated by Lord Ellenborough in Elwes v. Maw, and, as between landlord and tenant, seem resolvable into utensils set up in relation to trade, and matters of ornament, as marble chimney pieces, pier glasses, and the like; and the pump in question does not fall within either of those descriptions. A greenhouse, which has been deemed removable when erected by a nurseryman for the purpose of his trade, (per Lord Kenyon in Penton v. Robart,) yet in ordinary cases has been held irremovable. Buckland v. Butterfield.

Serjeant Wilde. As between landlord and tenant, the rule with regard to fixtures is less rigid than as between persons standing in any other relation; and custom has introduced another exception. Articles of general utility and domestic convenience affixed during the term, have always been holden to belong to the tenant, and are either taken away, or valued as between him and the incoming tenant, upon the determination of the term. Such articles are, coppers, ovens, grates, and the like. No doubt a pump might be so imbedded in the freehold as to render its removal improper; but if it be so slightly fixed as the pump in question, and can be moved entire, it falls within the exception of articles for domestic convenience. If this were a landlord's fixture, the tenant might be precluded from removing even a barometer attached to a wall by a nail.

Suppose the well had been deep, and it had been found convenient to

* A pump erected by a tenant during his term, and very slightly affixed to the freehold, is removable as a tenant's fixture.

draw the water by means of a steamengine, would the landlord have been entitled to retain the engine?

C. J. TINDAL. It is difficult to draw any very general and at the same time precise and accurate rule on this subject; for we must be guided in a great degree by the circumstances of each case, the nature of the article, and the mode in which it is fixed. The pump, as it is described to have been fixed in this case, appears to me to fall within the class of removable fixtures. The rule has always been more relaxed as between landlord and tenant, than as between persons standing in other relations. It has been holden that stoves are removable during the term; grates, ornamental chimney pieces, wainscots fastened with screws, coppers, and various other articles: and the circumstance that, upon a change of occupiers, articles of this sort are usually allowed by landlords to be paid for by the incoming to the outgoing tenant, is confirmatory of this view of the question.

Looking at the facts of this case; considering that the article in dispute was one of domestic convenience; that it was slightly fixed; was erected by the tenant; could be moved entire ; and that the question is between the tenant and his landlord; I think the rule should be made absolute.

J. PARK. The rules with regard to property of this description vary according to the relation in which parties stand towards each other. The rule as between heir and executor is more strict than as between landlord and tenant, and even as between landlord and tenant it has been relaxed in

modern times; for in Lawton v. Lawton Lord Hardwicke held, that wainscot might be removed by the tenant, although it would have been waste to have removed it in the time of Hen. VII.

Perhaps we ought not to look with too much nicety as to the mode in which articles are fixed, when it has been holden that the tenant may remove ovens, coppers, and the like. The present case, however, is clearly distinguishable from Buckland v. Butterfield, where a conservatory was deeply fixed in the soil, and formed part of the house to which it was attached; and, however I may regret it, seeing that the value in dispute is so small, I am compelled to say that the verdict which has been given is wrong.

J. GASELEE concurred.

J. BOSANQUET. I am of opinion, that this pump was removable by the tenant. Whether property of this kind be removable or not, depends in some degree on the relation between the parties and in the relation of landlord and tenant the rule is less strict than in others: it is more so as between heir and executor, and as between executor and remainder-man. My apprehension has been lest we should be thought to lay down any principle which would apply to cases different from the present. But considering that this is a case between landlord and tenant; that the pump was erected by the tenant; that it is an article of domestic use; and can be removed entire; I think the verdict ought to be set aside.

Rule absolute.

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sympathy about this undertaking, and obtaining their aid in its accomplish

ment.

The parish of Portland contains a population amounting to nearly 10,000; of these, 2900 are free, the remainder slaves. The town of Port Antonio is a military station, and the resort of much shipping from England and America. For the entire population of this extensive parish, there are but two places of public worship. Only one of these is connected with the Establishment. This one (the present church) is extremely small, incapable of containing more than 350, while the congregation exceeds 500, and not unfrequently 700 individuals. On more than one occasion, during the last twelvemonths, the number attending divine worship did not fall short of 1500.

The total number of communicants and candidates for the ordinance, amounts to 565. Schools have been established in various parts of the parish, at which about 540 scholars receive instruction during the week. A large proportion of these are excluded from the benefit of attending divine worship, in consequence of the want of room in the church. Not only is the present church quite inadequate to contain the congregation, but it is also difficult of access, being built upon the summit of a steep hill, which overlooks the town of Port Antonio: thus many persons, particularly the aged and infirm, are hindered from attending the public services of religion.

In the temperate climate of Britain, the situation of a place of worship is a matter of far less importance, than in a country exposed to the withering influence of a tropical sun. There, the ascent of even a considerable hill is regarded as conducive to health and gratification only-here it is, in no slight degree, oppressive. Tropical countries are moreover subject to sudden vicissitudes of climate. It is no uncommon occurrence for a cloudless sky to become unexpectedly overcast, and torrents of rain to descend, accompanied by the most vivid and dazzling lightning. Persons then standing in the open air have scarcely

time to seek for shelter from the sudden violence of the elements. It may easily be conceived how injurious this must prove to persons of the strongest constitution, but especially to those labouring under any species of disease. It is, notwithstanding, an interesting spectacle to witness the zeal which, on these occasions, the negroes display. Often are they seen with umbrellas, or whatever means of shelter they can procure, braving the storm, willing to subject themselves to the greatest inconveniences rather than lose any portion of "the bread of life." When it is known that many of these poor people travel a distance of nine or ten miles to obtain, after all, an uncomfortable standing without the walls of the house of God, the christian feeling of those to whom this appeal is addressed, will surely incite them to lend their aid in erecting a new church, of larger capacity, and more conveniently situated.

It has been stated, that it is in contemplation to build, at the same time, a school-house for the children attending the daily and sabbath schools. At the former, about 130 children receive instruction in christian doctrine, and reading the Holy Scriptures. The scholars assemble, when the weather allows, in the open air, not from choice, but from want of room in the confined and wretched apartment which they are permitted to occupy. The Sunday school is held in the church before and after service. At this time the officiating minister is engaged in the performance of various public duties, such as baptisms, marriages, &c., and this, together with the arrival of the adult members of the congregation, as the hour of service approaches, occasions much confusion and consequent interruption of the business of the school. The number of scholars receiving instruction is about 200. A Bible class, of 64 readers, has been formed, many of whom exhibit striking evidences of the inestimable value of an acquaintance with the Word of God.

The probable expense of completing and fitting up the proposed church, may be estimated at 2700l. sterling. That of the school-house at 300l. It

is here necessary to state, that the parish of Portland, though in many points of view of great importance, is perhaps the very poorest in the island of Jamaica. Its climate is too humid to admit of the extensive production of coffee; and the mountainous character of the surface, and comparative poverty of the soil, unfit it in almost an equal degree for the cultivation of the sugar cane.

It should also be known, that several attempts have actually been made, during the last five years, to obtain from the parochial resources a sum sufficient for the building of a new church. These efforts have, unhappily, not been productive of success. Notwithstanding these serious difficulties, it is calculated that, of the 3000l. required for the church and school-house, 1000l. may be raised upon the spot, in a great measure by the contributions of the negroes attending the church. When it is considered that these will be the voluntary offerings of persons exposed all their lives to the temporal and spiritual evils growing out of a state of slavery, and only now about to receive the

inestimable blessings of freedom, the effort will be deemed considerable, and will furnish one of the strongest pleas for imploring the assistance of their favoured fellow-subjects of Britain.

The mention of the approaching change in the condition of the negroes, will suggest many serious considerations to the mind of the reflecting Christian. In particular, while he rejoices in the removal of many obstacles to the temporal and spiritual happiness of his darker brethren, he will be anxious that every effort be put forth to render the change productive, as far as possible, of unmixed good. This he will feel assured can be effected only by leading them to the knowledge of that Saviour who is able to make them "free indeed," and through whom they may have grace to consecrate all their newly acquired privileges, and increased influence in society, to the glory of God.

Subscriptions will be received by Messrs. Hoare, Bankers, Fleet-street; T. England, Esq., 15, Surrey-square; and Mr. Domett, George-yard, Lombard-street.

POLITICAL RETROSPECT.

DOMESTIC. The official tables of the revenue for the last quarter, show a decrease upon the receipts of the period in question to the amount of 330,0647., but upon a comparison of the whole financial year with its predecessor, there appears an increase of 313,448/. The two most remarkable items in this account are those of the Customs and Excise; in the first of which there is an increase upon the year and quarter, as regards the first, of 985,2544., and the latter of 678,051/.; whilst under the head of "Excise," the receipts have decreased during both periods to the amount for the year, of 596,609., and the quarter of 846,524/. The revenue from stamps has fallen off during the quarter, by 22,718/., though upon the

whole year it shows an improvement to the amount of 102,3551. The assessed taxes are less upon the year and quarter than last year by 259,985/. and 143,415. severally. Under the head "Miscellaneous," also, the falling off is uniform, being upon the year

19,298/., and the quarter 2,6821. less than in the preceding corresponding periods. On the other hand, the repayments of money advanced for public works exceed upon the year by 139,731., and the quarter by 12,224/., the former receipts. The probable amount of Exchequer bills required for the service of the quarter is estimated at 4,856,798/.

Since the year 1666 the city of London has not been visited by so severe a calamity as that which oc

curred on Thursday, the 16th of October last, when the two houses of parliament were destroyed by fire. The limits to which our retrospect is confined will not permit us to give a lengthened detail of the origin and progress of this great national loss. If we were inclined to enter into a speculative disquisition, what a fine subject is here opened to the eye of the christian philosopher! The providence of God once preserved these edifices from the malignity of the Papists. Has the infidelity and profligacy which have found of late years their unhallowed representatives within the walls of St. Stephen's Chapel, caused the withdrawal of that superintending care by which alone kings reign, and nations prosper? We only trust that the ark may be spared, and our "candlestick" not be removed." If ever the command of our Saviour ought to speak with a voice of thunder in our apathetic ears, it is now. If ever we were called upon to consult the gospel, the "Urim" and the "Thummim" of the Christian's everlasting hope, it is now, and the reply we are convinced will be-" WATCH AND PRAY."

SPAIN. The reports from the Peninsula continue to be of the most conflicting character. The Queen's troops, on the one hand, are represented as every where victorious, whilst, on the other, Zumalacarreguy is allowed to be making daily progress! One thing, however, is certain : the rebel Mina, who has long been skulking in the purlieus of the metropolis, is again, like an evil genius, at his favourite work of treason and revolution, and scattering the seeds of misery and famine over his wretched country. The only benefit Great Britain is likely to derive from these intestine broils is the deportation of the patriotic traitors and titled swindlers, who have so long been preying on the pseudo-philanthropic of the fell race of twaddling Whigs and unholy Reformers.

PORTUGAL.-The death of Pedro, the political profligate, has been the signal for every species of disgraceful and disgusting intrigues among the dry-nurses of the baby Queen. Little

Glory in Portugal, like Old Glory in Westminster, do very well

"To paint a moral or adorn a tale;" but as for any good either have done, or can do, we suspect the hydrooxygen microscope would find it marvellously difficult to discover the shadow of a shade of it. To both we would say, in the language of Aristophanes,

“ βάλλ ̓ ἐς κόρακας,”

Thus translated by Cobbett in his celebrated address to Lord Brougham— "Go hang thyself, and give the crows a dinner!"

FRANCE. La belle France! The King continues to rob his subjects on the Bourse-his ministers follow the royal example with gusto-the gaols are full, and the Exchequer emptyrogues thrive, and honest men starve. Religion is at a discount-infidelity and profaneness at a premium; but Vive la belle France! say we. Long live the noble Whigs, whether at home or abroad! Long may all patriots enjoy the fruits of Reform; and may they and their admirers hang together, for good!

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RUSSIA · PRUSSIA AUSTRIA.Wisdom presides at the Council Board of these mighty Empires, and prosperity is the natural result.

EGYPT.-Within the last month, there have been a variety of rumours relative to the intention of the Pasha to declare himself independent of the Porte. Should this be the case, England may still have an opportunity of redeeming the fatal error into which she has been plunged by the imbecility of the Palmerstons, and for an alliance with the new power, who already occupies Syria. This would throw an effectual obstacle in the way of Russian ambition, which clearly points to British India. We hope this hint will not be thrown away.

IRELAND. Dan O'Connell and William Cobbett fully compensate Ireland for the absence of reptiles and toads!

INDIA.-Lord Palmerston does not go to India, nor is Lord Nugent to be the new President of Bombay. Lord Bentinck, we are happy to say, is

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