The Sun.
London, England, 1813-01-29 00:00:00

BARNES V.,. MORTIMER

Cause. was :chew againstt-a rule for a new ttiul.
It was an action of trover, for a quantity of COuISJ
raised by defendant under the freehold of plaintiff.
Defence was, that defendant was lessee of Mr.
Saville, Lord of the Manor of Shef, in.the county,
of York,• and that the Lord of the Manor ;was'
entitled to all the mines under certain landS,
call-
ed the New Lands, of which description plaintiff's/.
was stated to be. To prove that the• Lord was
entitled to the mines in such lands, a number •of
witnesses proved, that the Lord and- his lessees,
had for a series of years been in the habit of driv-
ing •for coals where they pleased, in the New
Lands ; and that such right had never been disput •
ed, but was well known to all the occupiers of such
lands. To prove that plaintiff's land was part of
those New Lands, the only evidence was, that. it
was entirely surrounded by those lamls. To re-.
but this, plaintiff' produced deeds as tar back as
1655, proving that it War freehold ; and to prove
that it did not constitute part of the New Lands,
Sd. paid by the tunte of tithe money was relied
on. The Judge left it to the Jury on, both the
points, directing them, that they might •preSteine
that the New Lands were formerly a waste, which
the Lord had granted out, reserving the mines,
which grant Might have perished by time. The
Jury, however,. found for plaintiff on both points,
contrary, as =the Judge stated, to what he con-
ceived to he the weight of the evidence. It was
now contended, that there ought to be some deed
to disprove that plaintiff had a freehold, acid-the
tithe-money was relied on, as proving an imrne
modus, which- would prove, Ora it was a
freehold in the time of Richard the First ; it was
alsostated, that it was the province of the Jury
to decide on the fact ; and they•hail done so. But
Lord ELLENBOROUGH said, that it was very COM-
mon, particularly in' the Northern counties, for.
One person to have a freehold in the surface, and
another to have a right to the mines : that the
expression tithe-money, was much , too loose • to
•form any conclusion; that although it was the
province of the Jury to decide' on the fact, yet it
was the duty of that Court, when 4 verdict ap-
peared to them to 'be contrary to:evidence, to
send the cause to be reconsidered .by u more dis-
creet and considerate Jury ; and, as in this case-,
all the evidettce was for the defendant, as well as
in the uncontested exercise of thp right of the
Lords of the Manor' in driving where they pleased
for coals. in the -New Lands, as in plaintiff's ,
ground being entirely surrounded. by the New
Land, there must he a new trial; and the rest-of
the Court concurring, the Ityle.Was made uhsolute.
His Lordship then sat at Nisi Prins.

Mr. IGAZELEBf moved for an attachment against
ti person of the name of White, for resisting the
execution of Writ of p6Sseision. lie said, the
'person against kvhom he moved,' had conducted
himself like a sitildnian; for having a judgment in
ejectment against "him, he went to a neighbour-
ing gunsmith's,' and intniired if they had, any old
Musket's. Ileinibisked what he wanted theta for
replied-to d'efend his premises against the
Sheriff's COrtiliany. lie accordingly barricaded
his house, made loop 11610; laid expr.essed his de-
termination to defend his possession to the' last
extremity. The Sheritrs 'officers 'had been de-
terred, by threats, frOm exeeliting the writ.
Rule granted for au tatgeltinenr.
Lord Ht.t.ENnonotion sat at Nisi Prius at two
o'clock but nu material cause occurred.

SMITHFIELD MARKET, J. 2%
This day's Market wits not teen supplied with
different kinds of Cade ; Beef, Mutton, Pork,
►and Veal, sold at insf prim, nod the trade, for
the most part, .vusqlot very brisk. The soles in
the Hay-market were not lively; Straw obtained
last price ; May nod Clover fetched better prices.
The following prices anti numbers are a correct
statement :

To sink the Offal, per Stone of oll).
Beef, its. ad. to 6s. 01. Mutton, ss. 441. to 7s. Oil. Vral,
Gs. IA to 86.0 d. Louth, Os. to os. Od. Pork, 6s.od. to Is. Od.
Deasts, 510. Sheep, 3,400. Calves, IoL. Pigs, 20.
SMITIIVIELD lIAY-NIARKFT.
tiny, at. las. to 61. 10s. Straw, 11: 16s. to 21. 6s. Clover,
51. 100. to 71. 0,1.

• COON-EXCHANOII, JAN. 29.—The httle done itt
the Wheat trade to-day was upon the same ttirtus
as on Wednesday, the quantity here was but
small, find hut few buyers, consequently no Al,
teration ; Oats and Barley were plentiful, and
liclivy of sale; Boiling Pease were shill, anti still
on the decline ; hard Tick 'Beans scarce, fand on
the advance, though front, the state of the Market
for these and other kind of Grain, no particular
alteration can be specified.
Wheat - • 78s. ass. Nor. 'Fla Roos- 7as. 775.
Fine ditto - -130 s. Old ditto •- -, —s
Rye - - Ths. sbs. 1 Small ditto - des.---s.
Barley - -48 s. am. 70. Feed Oats• - • ati s.
New Ditto. Pint 40s. 44.
Molt -•- thaaud ditto -40 s. 475.
Pine ditto • • 11.45. rine ditto, - 493. —s.
P~Vhiacrase 904. 104 s. 110 s. PtotatOo alit tO Sty
New ditto - • - —*. R4pu Seud (per last) €Ol. 701.
Grey ditto - Stits. afts. 04s. Fite V.loar loss. 110 s.
New ditto • •

-I.

kl,-;Ceitlr-A ft