There is no manner of life so straight, so miserable, that hath not some solace and consolation. Jonas had leisure to make his prayer unto God, even in the belly of the whale, and was heard. Poverty is some excellent divine thing, since it agreeth with the gods, who are imagined to be naked, and the wisest have embraced it. Fortune may make me poor and afflicted, but it shall never make me vicious or dejected: it cannot deprive me either of my courage or my virtue. Have patience, man, and be content to live, ORGANO-HISTORICA; Or the History of Cathedral and Parochial Organs. NO. XVI. THE ORGAN AT ST. LEONARD'S, SHOREDITCH. THE instrument at the church of St. Leonard's, Shoreditch, was built in 1757, by Richard Bridge; and although not so large as the organ at Christ Church, Spitalfields, yet, in point of quality, it is far superior. It may justly be esteemed the best of this artist's make in London, and is, at this time, in better preservation than any of his other organs. Upon inspection, this instrument appears to be finished in a manner superior to all his other instruments: perhaps, being his last church organ, he determined, like Schnetzler,* that it should remain as a monument of his skill. The following are its stops: -: 342 pipes. 3 ranks. CHOIR ORGAN. 1 Stop Diapason. 2 Open ditto. 3 Flute. 272 pipes. Choir, 342 ditto. The compass of the great and choir organs, is from G G to E in alt: 57 notes that of the swell, from fiddle G to E in alt; -34 notes. * The last organ built by Schnetzler, is at St. Martin's Church, Leicester, and was pronounced by himself (with respect to quality) his best instrument. All artists appear to have some favourite work, which they call their pet. Harris pronounced St. Sepulchre's organ his chef-d'œuvre. The quality of tone in this instrument is rich and powerful. The diapasons are particularly firm in their speech, and quickly obey the touch. It has also the benefit of having double pallats in the bass of the great organ: the advantage of this is a plentiful supply of wind to the reed stops. Without this precaution, the reeds would not keep well in tune, when all used in chorus together. The reed stops are the best that Bridge ever made. There is rather too much chorus in the great organ for the diapasons to contend with, when all the stops are used. It would still bear another open diapason in the great organ and double open pedal pipes, of a large scale. With these additions, and the advantage of coupling stops, composition pedals, horizontal bellows, and extension of compass in the swell, with a Venetian front, we venture to say it would rank among the foremost of the London organs. COLLECTANEA. SELECT SENTENCES.-A brave man thinks no one superior who does him an injury; for he has it then in his power to make himself superior to the other by forgiving him.. We are commonly most careless where we should be most careful. When the flail of affliction is upon me, let me not be the chaff that flies in Thy face, but let me be the corn that lies at Thy feet. He that is unwilling to die when he must, and he that desires to die when he must not, are alike cowards. LAW REPORT. ༢་ No. XXVIII.-ON FIXTURES. COURT OF COMMON PLEAS, EASTER TERM, 1820. BUCKLAND V. Butterfield AND ANOTHER.* ACTION on the case, in the nature of waste, by tenant for life, aged 70, against the assignees of her lessee from year to year, who had become bankrupt. The bankrupt was the son of the plaintiff, and had also a remainder for life in the premises after her death. At Buckingham Lent assizes, 1820, before Baron Graham, the case proved was, that the defendants had taken away from the premises let to the bankrupt a conservatory and a pinery. The conservatory, which had been purchased by the bankrupt and 9117 brought from a distance, was by him erected on a brick foundation fifteen inches deep upon that was bedded a sill, over which was frame-work covered with slate; the frame-work was eight or nine feet high at the end, and about two in front. This conservatory was attached to the dwellinghouse by eight cantilivers let ine inches into the wall, which cantilivers supported the rafters of the conservatory. Resting on the cantilivers was a balcony with iron rails. The conservatory was constructed with sliding A conservatory erected by tenant for years (who had a remainder for life, after the death of his lessor) on a brick foundation, attached to a dwelling-house, and commuuicating with it by windows opening into the conservatory and a flue passing into the parlour chimney, becomes part of the freehold, and cannot be removed by the tenant or his assignees. glasses, paved with Portland stone, and connected with the parlour chimney by a flue. Two windows were opened from the dwelling-house into the conservatory; one out of the diningroom, another out of the library. A folding door was also opened into the balcony; so that when the conservatory was pulled down, that side of the house, to which it had been attached, became exposed to the weather. Surveyors who were called, stated that the house was worth 50l. a-year less after the conservatory and pinery had been removed. The learned judge having stated his opinion that the plaintiff ought to recover at least for the pinery and probably for the conservatory, the jury, estimating the plaintiff's life at six years' purchase, gave a verdict for her, 2007 damages. Serjt. Peake having obtained a rule nisi for a new trial, on the ground that this conservatory, though affixed to the freehold, was a matter of ornament, not beneficial to the premises, but lawfully removeable by the tenant, and that at all events the damages were excessive,— Serjt. Blosset shewed cause against the rule. This conservatory was not only affixed to the freehold, but actually formed a part of the dwellinghouse, doors of communication having been made out of the sitting room, so that, when the conservatory was pulled down, the adjoining part of the house was rendered uninhabitable, being entirely exposed to the inclemency of the atmosphere. In all the cases, not excepting those that relate to the removal of ornamental constructions or additions, it has been considered, among other things, whether the tenant placed them on the premises with a view to removal or no. Here, the party, though tenant from to year year, was entitled to the reversion after the death of his mother, to whom he was tenant, and he would never have made so costly an addition to his house as tenant from year to year, unless with a view to improve his reversionary interest. The damages, if estimated according to the tables set forth for life insurances by act of parliament, are perfectly fair; the plaintiff's life. being worth six years' purchase, and the damage done having deteriorated her property to the amount of 50%. a-year. Serjt. Peake, in support of his rule. The conservatory was an erection merely for the purpose of ornament or pleasure; it neither formed part of the habitation, nor rendered it more convenient. So far from being certainly beneficial to the property, or necessary to its occupation, it might render it of less value in the eyes of a succeeding tenant, as an expensive and useless incumbrance. Whatever the law may be, with respect to parties who stand in other relations to each other, yet as between landlord and tenant, the tenant has a right to remove all ornamental erections which do not improve the property for the purposes of occupation. Beck v. Rebow, Ex parte Quincy, Lawton v. Lawton, and Elwes v. Mawe. In this latter case Lord Ellenborough considers all the decisions on the subject, and recognizes the right of the tenant to remove things put up merely for ornament. In Penton v. Robart, a greenhouse erected by a market-gardener, was, by Lord Kenyon, held to be removable. The mere fixation of a thing to the freehold cannot be the criterion by which we are to determine whether it is removable or not; for every large picture, chimney piece, or wainscot, must be in some manner so affixed. If the wall of the house has sustained an injury by the removal of the conservatory, that indeed may be the subject of action, the damages in which should be commensurate to the injury done to the house, and to the money requisite to restore it to its original state; but ought not (as in the present case) to be calculated by the supposed diminution of annual value on account of the loss of that, which the tenant had a right to remove. C. J. DALLAS now delivered the judgment of the Court. This was an action on the case, tried before Baron Graham at the last Aylesbury assizes. The question in the cause, as far as relates to the motion now before us, was, whether a conservatory, affixed to the house in the manner specified in the report, was so affixed as to be an at nexation to the freehold, and to make the removal of it waste? In Elwes v. Mawe will be found at length all that can relate to this case, and to all cases of a similar description. It is not necessary to go into the distinctions there pointed out as they relate to different classes of persons, or to the subject-matter itself of the inquiry. Nothing will here depend on the relation in which the parties stood to each other, or the distinction between trade and agriculture; for this is merely the case of an ornamental building constructed by the party for h's pleasure, and the question of annexation arises on the facts reported to us; and I say the facts reported, because every case of this sort must depend on its special and peculiar circumstances. On the one hand it is clear, that many things of an ornamental nature may be in a 'degree affixed, and yet, during the term, may be removed; and, on the other hand, it is equally clear, that there may be that sort of fixing or annexation, which, though the building or thing annexed may have been merely for ornament, will yet make the removal of it waste. The general rule is, that where a lessee, having annexed a personal chattel to the freehold during his term, afterwards takes it away, it is waste. In the progress of time this rule has been relaxed, and many exceptions have been grafted upon it. One has been in favour of matters of ornament, as ornamental chimney pieces, pier glasses, hangings, wainscot fixed only by screws, and the like. Of all these it is to be observed, that they are exceptions only, and, therefore, though to be fairly 'considered, not to be extended; and with respect to one subject in particu lar, namely, wainscots, Lord Hardwicke treats it as a very strong case. Passing over all that relates to trade and agriculture, as not connecting with the present subject, it will be only necessary to advert, as bearing upon it, to the doctrine of Lord Kenyon in 2 East, 88, referred to at the bar. The case itself was that of a building for the purpose of trade, and standing, therefore, upon a different ground from the present; but it has been cited for the dictum of Lord Kenyon, which seems to treat green-houses and hothouses, erected by great gardeners and nursery-men, as not to be considered as annexed to the freehold. Even if the law were so, which it is not necessary to examine, still, for obvious reasons, such a case would not be similar to the present: but in Elwes v. Mawe, speaking of this dictum, Lord Ellenborough says, there exists no decided case, and, I believe, no re cognized opinion or practice on either side of Westminster Hall, to warrant such an extension. Allowing, then, that matters of ornament may or may not be removable, and that whether they are so or not must depend on the particular case, we are of opinion that no case has extended the right to remove nearly so far as it would be extended if such right were to be established in the present instance under the facts of the report, to which it will be sufficient to refer; and, therefore, we agree with the learned Judge, in thinking that the building in question must be considered as annexed to the freehold, and the removal of it consequently waste.— Rule discharged. SOCIETY FOR PROMOTING CHRISTIAN KNOWLEDGE. THE Friends and Members of this ancient Society had a very numerous and respectable Meeting at Wrington, on Thursday, the 18th ult. At eleven o'clock the LORD BISHOP OF BATH AND WELLS arrived at the parish church, when a most admirable sermon was preached by the Rev. Henry Barry, B. C. L., Rector of Brockley, from Phil. xi. 16. "Holding forth the word of life." The preacher began by stating the inseparable connexion between the doctrines and duties of Christianity; and the supreme excellence of that Institution, the object of which is, to guard against future evils by "Holding forth the word of life," and preserving the children of the poor from the consequences of a neglected education. The popular opinion of the three distinct divisions of the Scriptures was beautifully illustrated: 1. Those which are so clear that inquiry is superfluous; 2. So obscure, that it is hopeless; 3. So accidental, as to apply only to particular times, persons, and circumstances. In immediate consequence, it was observed, that as analogous difficulties might be expected in the Scriptures and the material world, it might be added, that in the one, as in the other, industry is the appointed condition of acquirement. The education of the poor in this country was finally and distinctly traced to the operations of the Society for Promoting Christian Knowledge; the influence of which was felt during every subsequent period of their lives; whilst the exten sion of its benefits dependent on the expanse of its support, was powerfully advocated at large. The Society_was, indeed, the earliest Bible Society, Tract Society, Prayer-book, and Homily Society, and Missionary Society. The sermon concluded with an application to every heart of those truths which had so beneficial a public influence. After service, the Bishop took the chair at the Boys'National School Room. The Rev. W. D. Willis, M. A., District Secretary, proceeded to read the Report, by which it appeared that there had been sold from the Bath Depository, between the 1st of April, 1833, and 31st of March, 1834, 1159 Bibles, 1070 Testaments, 3100 Prayer Books, 3141 Bound Books, and 28,145 Tracts and School Books. The productions of the Society of General Literature sold in the last year were, 35,302 Nos. of Saturday Magazine, 6,749 parts of ditto, 84 vols of ditto, 71,568 parts of Family Sermons, 50 vols. of ditto, 604 vols. of other books. Grants had been made to the Parent The Rev. Plumpton Wilson observed, that in consequence of the state of his health, he had not intended to address the Meeting, the objects of which were so dear and sacred to every heart. He was, therefore, unprepared to do justice to the merits of the Report, although he should move that it be adopted. Mr. Wilson proceeded to remark, that the state of the times recommended the Institution to every one who truly wished the welfare of his country, and that whilst the elements of society had been so extensively troubled, and experiments made upon every order of the state, experiments of which the results might be awful. As they must be universal, it became the government (he meant that government resulting from the common support of good men, as well as the government of the country), to maintain that holy principle which would keep the balance of power equal among the various classes of society, and bestow upon them equal advantages; this principle was only to be found in their common right to the glorious liberty of the children of God, and their common access to the sacred depository of truth. The speaker then alluded to the supremacy of those rights, which might properly be termed the rights of the immortal soul. He could give the numerical amount of the books sold by the Society---but who should tell the amount of light sown in the darkness, of sorrow assuaged, of faith kindled? He concluded by adverting to the influence of the Society on the literature of the heart, through the country. H. Harford, Esq. considered the office of the Priesthood sacred to the holy interests of religion; that, notwithstanding, he trusted the devoted support of the laity might coincide with that of the christian ministry, in |