The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-09 00:00:00

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• 1:1 7,

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LAW INTRLLICtA'CE.
COURT OF ClIANcLrt inuaspAr, Amur 8.
causwett r. SYRON, FORD, alai °Totes.
The Plaintiff' claimed a property, called the Rid-
ing House, situated in Castle.strect, Oxford Road,
and the case came before the Court, on exceptions,
taken by the Defendants, to the Master's report.
The Bill stated a demise from the E id of Odord,
to Henry Birden, of a considerable property to hold
at a ground rent. A mortgage Nos then made by
Birden, of a part of Cie property, called the Riding
House, to a man of the name of Harrison, for 1551.
and he, in the course of a year, assigned his hue-
rest to the Defendant, Mrs. Ford. Birden then as-
signed all hi: property to trustees, to sell for the pay-
mint of his debts—and, among the rest, he as-
signs the eqtritv of redemption of Harrison's mort- •
gage. Mrs. Ford, to whom Harrison had assigned
in the year 1765, sold the property in question, as if
she possessed the equity of redemption, without :lc-
, count iog to the trustees. A bill was filed against
her, and Mr. Byron, who ached as agent on the busi-
ness, and the cause came on to be tried in 1777,
when it was referred to the Master, to•enquire whe-
ther the premises called the Riding House consti-
tuted any part of the trust premises ? and he reported,
that it did not: To this report, exceptions had been
• taken, whielnowere argued at considerable length by
Mr. ROMILL4: for the Plaintiff; and •Mr. Pom r
, and Mr. Ric ins, for the Defendants.
The LoapCOANCiLLOR; after going over the
%dole of the ice. was of opinion, that the words of
the dead, vesting Mr. Birden 's property in the hands
of trustees, implied, that the equity of redemption
of this property in question was in him at tree time ;
and therefore, that the exception to the Master's,
report must be allowed, but in very special terms.
His Lordship then ordered, that it should lie over •
till the end of the cross petitions.
SIR ciaoace seats:oar O. BILVIELD.
In this case the Dere:idiot took exceptions to the
Master's report, in which dupe it now came to he
argued. The bill stated that Sir George Beau-
mont demised extensive coal mines to the Defendant,
for a term of 21 years, at a yearly rent of 1101. with
an agreement that he shoirld not raise more than
10,000 stack loads in the course of each year. The
bill then charged that he kept the colliery longer
than the time allowed by the lease, and that he rais-
ed more than 10,000 stack loads in the course of
each year ; and prayed that he may be compelled
to pay the value of the coal raised after the ex-
piration of the lease, and also the value of the
surplus quantity. To this the Defendant put in
an answer, in which he acknowledged that he hid
raised more, in the course of each year, than 10,000
stack loads, but denied that he ought to account for
it, as he had purchased another colliery adjoining
that he had from the Plaintiff, and raised the coal
from it through this coiliery. The cause came on
to be heard, and it was refertel to the Master to
enquire how much coal w.e, raised by the Defend-
. ant, and to allow for that which wai not raised
from the Plaintiff's calliet y, together with the ex-
pence of raising it. The Master had allowed for
additional workmen, but refused to allow °vet seer's
wages, and other expences which he did not con-
ceive would have been greater for raising 15,000
stacks, than for raising 10,000. On this account
the Defendant took exceptions to the report, alleg-
ing that he ought to have allowed for these.
Mr. Haar, on the part of the Defendant, argued
at considerable length in support of the exceptions,
some of which his Lordship seemed inclined to
grant, but deferred the decision until to-morrow, to
have an opportunity ef reading over the report, and
deciding with roped to interest.

KENT ASSIZES.

MAIDSTOICI, AVOCA' 7.
CTVII. SIDE.
1,001 EY V. REARLILY.


- • This was an anion to recover the • sum rf fifteen
• ' guineas, which the Plaintiff had paid to the De-
fendant as the price of a horse, which turned out to
- • ' beve been stolen from a Mr. Wrenn, at Penge Com-
mon, in Surrey, by one Carpenter, alio: lidl:fire
Jnrk, a noted horse-stealer, who was exe..uted at
! this place after the last Assizes.
Mr. Wrenn. aid two other witnesses of the names
of Morris and Hudson, proved that the horse which
the Plair.ti'ff sold to the Defendant was the one
stolen from Mr. Morris, in Onober, I sos. The
Defendant Kearley, when he found that Mr. Wrenn
had identified the hr•rse. gave it him, and re-pur-
chased it again of Mr. Wrenn.
Mr. Serjeant Besr, in defence, stated, that he
should prove that the witnesses for the Plaintiff must
he mistaken, because he shruld shew that the per-
s so who sold the horse to liearley lad Lad him ever
a nce August. IBM, which was before the time that
the horse of Mt. Wrenn was stolen.
Smith, a carman, at Rochester, said be purchased
the horse of on- Huckstead, for five guineas He
tent it to Hickes, who kept it a fortnight, and then
bought it of him for ten guineas. This was the
same horse which he afterwards sold to the Defend-

ant 3Cearley, who a sold it to the Plaintl
Wooley.
Nickel was called to prove the date of the ran-
i - chase from the last witness, but statingonly from bis
books, and not having them press nt, he could not
fu the time.—Verdit for the Plair,tilF.
Tilt MAYOR OF ORAVISZIOD 17. HUICitT.
Mr. GAR now stated, that this was an aenrm by
the Corporation otGravesend, against the net-A.--
ant, a IV aterman, for a disturbance in their exclu-
sive right to the Ferry from the town of Gravesend to
Tilbury Fort.' He observed, that from the most
ancient times the Corporation of Gravesend had the
exclusive right of conveyieg passengers across that
part of the river, and, in consideration of that ex-
clusive tight, they were broad to provide boats
and fit accommodation, so that the public might
Dever be delayed ; but if others were to run away
with the profits, they would not be able to keep
up the Ferry. It was also most important in
another point of view, that the water men should
not destroy this ancient Ferry, and get the
sehdle- into their own hand ; for the insolence of
Gravesend yor.atermus was very well known. If, for
rusts e' -•an ted to board an Indiaman
• io wn, perhaps one of them
on hoard h,r a guinea
44,41, that the person exhibited

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