The Sun.
London, England, 1823-03-29 00:00:00

`that time an increase or 40 or .50 yards. I.knew'by-tlifreretif
creeks, and by the sheep going down to feed upon the herbage.
First there is sludge thrown up, then crab-grasp grows upon
it, then good grass. The sediment coming up- raises the
land, and feeds it. The Ocean and the Humber meet just
there. The thicker water is from the Humber The farther
from the Humber, the worse the soil of the limes, until-it be-
comes bare sand.

James Swaby, examined by Mr. GOV I.BUEN.—itiVes at
Marsh Chapel, and is 73 years old. Has known the fittees
threescore years. They have increased of late years -in -some
parts. I can't say how much ; some small trifle every year..
-I know the outer sea-bank. I remember that forty-live ~years
ago it blaw a gale of wind from the north, and the sea came up
over the salt marsh up to the wall. Men were at work on that,
wall constantly at the fore-end of nty'days. It was to keep.the
tide from going over. I knew the inner and outer sea=banks,'
,and all the lands between. I believe the land has been covered

by the sea. I think so on account of the creeks and holes. t
Cross-examined by Mr. PiuLLIPS.—It was forty-four years'
ago that the sea went up to the wall, the only instance I knew
,e of the sea running so high at neap tide. Lord Yarborough's
tenants repaired the sea.wall. I know strays have been taken
between the old•sea-wall and the new, and taken to Lord
Yarborough's pound. When the wind blows hard, it
'raises the sand, and drives it over the salt marsh. I never
knew the low-watcr.mark different from what it is now, nor
the high-water-mark of the daily titles. lam a cackle-man, and
have lived all my life near this spot. The higher the fittees the
more it keeps the sea off the bank. There is land within the
fittees lower than, the fittees. The daily ordinary tide does not
come up to the edge of the fittees, but at spring tides the sea
will come over the fittees up to the sea-wall. Common days it
does not come within 100 yards. We applied for leave to fish
on Tetney shore, but not on Northcotes shore. There are sheep.
leates on the times: Everyhouseholder knows how many sheep
be may put on. Many put on sheep that are not Lord Yarbo.
rough's tenants. . His Lordship has not above 200 acres in
Northcotes. Those who stock the fittees are residents within
the manor of Northentes.
Re-examined by Mr. G Ott I.llllltN.—ln my memory common
tides did not come up over the fittees ; not the small tides, no,
but the rieap.tides, as I mentioned before.
By the Coo taw--I remember a part of the fittees not covered
with grass. The ordinary tide used to come up and bring sludge
which raised the fitter edges.
W. Knight, examined by Mr. Serjeant Vatrodasr--I am
72 years of age. I have known Northcotes 54 years. (Knows
the salt marshes called fittees). When I first knew it, there
Iras great part grass-ground, Ina not so much as it is now. It
has increased 50 or 60 yards in some places. Common tides,
the sea does not come up as high as before. The sand before
the silt-niarelt edge keeps rising. Thelides don't always come
alike. There is some places in a mile between low water and
the fittee grass. In some places there are 50 or 60 yards of
sand, which will not bear grass on account of the water going
over it. It naturally increases every year. I have seen them
repairing the bank to keep out the salt water at the high spring.
tides from the enclosed lands. It appears to me the ground be-
tween the old and new sea banks must have been covered by the
sea, from the creeks and delves in it. The fittee-grass grows
nearer the sea than it used to do. It may have gathered a quar-
ter of a mile in some places in my time.
.Cross-examined by Mr. Dees:max—l am 'a fisherman, and
never asked Lord Yarborongh's permission to fish on North-
cotes coast. I have seen wrecks. Mr. Hynes used, to take
them, as agent for the insurers. The tenants at Northcotes
paid the expenee of the' repairs of the sea-wall. I have seen
the bodies of seamen wrecked at Northcotes. They used to be
buried by the parish, but now I believe they are buried accord-
ing to the new Act by the Lord of the Manor.
Mr. W. Illingworth, of Gray's-inn, called.--(This is the
same gentleman the benefit of whose labours the public have
already enjoyed in the preparation of the very superb Report
on Public Records, and his research which was so conspicuous.
lY manifested on the argument respecting the coronation of the
late Queen.)—Produces from the Petty Bag-office a copy of an
-inquisition taken in the sth of Queen Anne. Had examined
it with as much care as he could, the original being very much
obliterated. The inquisition found for the Crown upon n
'claim to lands lying within the fittees and between the old anti
the new sea wall.

Crossexantined by Mr. DEroLO..—lt does .not appear that
the seals of the Commissioners are annexed, nor those of any of
the ,Jurymen. There were 10,000 acres involved in the same
inquisition. It does not appear that the lends were seized into
the possession Of the Crown. There are not more than tive or
six of these inquisitions, of which any record remains in the
Petty Bag-office.
Mr. Mx si AN read the terms of the Commission, whiCh be-
ing, in Latin, when translated would run thus :—" This you
shall do anti execute in the manner and form ittbresaid, so that
the inquisition, which three or- more of • you shall take, you do
send and certify to us without delay. into our Court of Chancery
under your seal, or that of three or more of you, and the seals of
those by whom the inquisition is to be made." The inquisi-
t ion then was to be returned under the seals of the jury 'as well
tot tite4e Of the eornmlssionerrt.. The instrument produeed had
rtOt the- seals oftlyrs.jury, nut ef, any one of theni„, and was good
for nothing in evidence.
Mr. Stejeant V.tuo "lAN mild, that in inquisitions post
Inoryi the seal was demanded on the commission, but was
Seldom if ever added to the return.

Mr. Justice PaitiCappealed to Arr. Illingworth for informs•
tint .on this point.
Mr. Illingworth said, that he had 'rend some thousands of
them, and never observed the.seals to any of the returns.

Mr. DEN MAN contended that this was a void instrument:
31r. Scrim VAUGHAN submitted, that in any case it must
received from him as general evidence.
Mr. Justice PARK asked Mr. thing Worth if there. were any
inquisitions post motion, later than Henry VIII.?
M. lifingworth said, that there were some few as late as the
'.l.lsurpation, in the office.
The objection was then regularly argued.
Mr. DEN MAN said, the powers appointed to make the in-
quisition were those of the Comtnissioners and the Jury, taken
together, and they were bOth required to put their seals to the
return. The seals of the Jury were not affixed. The instru-
ment might be the fabrication of aome inferior officer of the
Court. There was no proof that the Jury had any hand in
making the return.
Mr. 13AYEEY and Mr. 'PHILLIPS followed on the same
side, and contended, that the instrument wanting the seals of
one of the appointed powers, if it had any authority, could only
be lookedupon as extra-judicial—it was a void instrument.
Mr,.4;ergeant VA !Jo HAN replied, and asserted the admissi-
bility of it as evidence, without pressing any thing as to the
particular effects it. ought to have with the jury.
Mr. CLAn it contended that the seals of the jury were not ne-
cessary, anti that. the words applied to the annexation of the
seals of thoe Gi'mninbisioners who made the particular inquisi-
tions, lest, i. 14 there were several inquisitions, the returns should
be s;gned by Commissioners who bad not sat upon the inquest.
Mr. Justice PARR could not concur, and said if he anitted
the instrument at till, it mitst be subject to arty remarks which
'Might be made upon it.
Mr. DENMAN withdiew his objection.
Mr. .Ittatice PARK, on behalf ot the other aide, suggested that
it must be taken fur granted that the Learned Counsel was act-
ing boatt,fide in withdrawing- the objecton, and that he did not
mean to proceed to ulterior measures.
Mr. DENMAN, to prevent mistakes, was ready to admit the
instrument merely for what it was--a deed signed by the Com-
tn issioners, but without the seals of the Jury.
Mr. Serjeant VA 110 HAN did not see the use of it to him, ex:
({it he could put it in as an inquisition, and not as a corn-
amrasion only He withdrew it, and closed the case for the Crown.
( 7'o b‘:

SUSSEX.—HOItsII,I.II, llTArten 27.

ruwann ANLIREWtis ESQ. V. PATRICK CONOLLY, r.SQ.
This was an action for a libel, imputing that the plaintiff
was a swindler. Tito defendant pleaded several special pleas,
justify ingthe defamatory matter contained in the alleged libel ;
d-
on win, issues werejoined..
The plaintiff sous a Lieutenant in the Royal Navy, and the
defendant was a Surgeon, now residing in Regent-street,
Oxford-road, but at the time of the transaction in question
carried on the same business in Iligh-street, Brighton. In
the month of January, 1820, a Lady of a certain caste, whose
real name was Fanny. Clarkson,. but who then passed by
the name of Airs. Dabine, wife of Lieutenant Dabine, of the
navy, took an unfurnished house of the defendant, represent,
lug that she expected her husband, then at sea, to join her in a
few days. The defendant let her into possession ; her own
furniture was sent in, and an agreement, dated 27th Jana-
toy,- was drawn up, by which the house was demised to her
by name, for a year, at 52/. per annum. The sum of 5/. was
immediately paid down on account of the rent. On the 16th
of Alarch Airs. Dabine took possession,, and on the 23d of
the same month she was joined by the plaintiff; who was
introduced to the defendant by the name of Lieutenant D.
bine, and for nearly a month they lived together and passed as
min and wife. Shortly after the plaintiff had joined Mrs.
Dabine, he paid the defendant twenty pounds, being the
remainder of the half-year's rent in advance, fur which a
receipt was given in Mrs. Dabine'S name. After theplaintiff
quitted Brighton, Airs. Dabine remained in possession, and
within three weeks of the expiration of her year's tenantry,
the defendant suspecting,that she intended quitting his house
without paying the half-year's rent then coming due, he put
in a distress upon her goods, some of which were said to have
been clandestinely 'removed. Amongst the articles seized was
a writing -desk, containing Mrs. Dabine's private letters, which
the defendant broke open on the day of sale. Airs. Dabine
was present when the sale took place, and when site saw her