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

REDUCED FARES, and UNEQUALLED-TRAVELILNG,
TO DOVER, DEAL, RANISGATE, MARGATE, AND

CANTERBURY.
FOUR INSIDE COACHES, AND KEEP GOOD TIME,
By S. A. MOUNTAIN and Co.

SARACEN'S HEAD INv, SKINNER sTREET, SNOW-,
HILL, lA)NDON.

MITE following LIGHT POST-coAcuts,
AIL and MAILS,.&c. set out from the above Inns—
The " Telegraph," DOVER, -Deal, Ramsgate, Margate,
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Post-Coach--;every Morning at a quarter past Seven °Thick.
In consequence of the decided preference given to the above
Coach, the Proprietors are determined no expence shall be
spared to retitle' it the first conveyance on tint Kent road.
BROMPTON, Chatham, Rochester, Gravesend, Stroud,
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Past 7, at Reduced Fares.
The " Royal Eclipse," FALMOUTH, Plymouth, Exeter,
. Truro, Bodmin,• Peuryn, Ashburton,. Tintless, -Weymouth,
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Stockbridge, Sntton,_ Basingstoke, Hartford Bridge, Black-
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The only Day Coach to.WEYMOUTH, (driven Cumuli
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Five. This is a most delightful Conveyance to the Isle of
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receive a continuance of that support which has hitherto been
experienced since the coMmencement of the " Union."
The it Cha6,061,;" a New light Day' Coach to DOR-
CHESTER, in 13 hours only, Unmet) Bagshot, Blackwa-
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above Coach are determined no expence shall he spared to
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Afternoon at one; arrive at the Greyhound Inn, Bath, the
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and Plymouth, at reduced Fares.
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at One ; arrives at Liverpool next afternoon at F:ve,,thi 0110
Woburn, Lattibury, Northampton, Welbird, Lutterworth,
Hinckley, Atherstone, Litchfield, Stone, Newcastle; Knott-
ford,
.Warrington, and escot..
SHREWSBURY, Wellington, and Shanal, Light Post-
()Mich, every Afternoon •
The "Union,"WEYMOUTH ; through Dorchester,Bland•
ford, Salisbury,, Andover, Overtanc„Basingstoke, Hartford
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aud.Saturday.afternoon, at Two o'clock.
BARNSTAPLE and Soitthmolton New Light Post Coach
every Monday, Wednesday, and Friday Mornings, at Seven
o'clock.

The " Rockingham, LEEDS light Post Coach, sets out
every Afternoon at Two; dnd passes through Italdock, Big-
gleswatle, Eaton,' Buchden, Stilton, Wansforn, Stamford,
Greetbam,. tiranthams Newark, Toxfot 41,. Markham Moor,
Retfottl, Ilawtry,Doncaster„and Ferrybril/4e, to the Golden
Lion Inn, Leeds, next Afternoon, at Reduced Fares.—Lug-
gage and Packages only id per In.—Notwithstanding thu
uncommon Expedition of this Coach, it is allowed to be the
Most agreeable and complete Public Conveyance on the
North Road, being unequalled by any other.
'HARROWOATE and Ripon new Light lost Coaches, every
Afternoon nt Tao, and Eight in the Morning.
GLASGOW, Longtown,tirettili-vrero, Dumfries,
Brownhill, Thornhill, • Sanquhar-Kilo, Caumoels, Kings-
well, and all Parts of Scotland, a• light Four inside Post
Coach daily.
The Express," to. YORK, Scarborough, Whitby, Shields,
Sunderland, Newcastle, and Edinburgh, a. New light Four
inside Post Coach, with a Guard throughout I acts out
every Mortiiiig, by way of Newark, Itetford, Doncaster,
Ferrybridge, "Nth:aster, Darlington, Northallertun, Durham,
Mot peth, and Berwick, and arrives at Yorit.the, next Niorn•
ing at Twelve o'Clock, at reduced Fares., Passengers find-
ing, themselves fatigued on' the Journey, may rest what
time they please, -and then proceed without any additional
Fare. . . •

_ .
MARLBOROUGH and:Swiudqn. Am.-inside Day‘Conehi
through Aldhourn, Reading, Lantbouru, Purton, Lydingion
pemey, Wootton Basset,,ttaarsbtiry, H unger ford, Nimibury
and Maidenhead.
_ _

fiIiii)GENOWCH, W.l Shrewsbury, galop, and Doty.
Light every Afternomr, at red uced Fares

The New Royal Patent Mail, BOSTON andiLotith, through
Royston,. Cambridge, Huntingdon, Stilton, Petetbormigh,
Deep!og, Spalding, Spilsby, Alford, Gtin►sby, and Hull,
Evening, at Half past Secen o'Clock, Sunday, at a Quarter
before Seven.

The•" Express," a New Light Four-inside Post Coach to
CARIALE, Peurith, and. Whitehaven, goes with Four
Horses, and a Guard all the way, ,passes through Appleby,
trough, Bowes, Greta-bridge' Richmond, (limerick, Ito.
roughbridge, Ferrybridge, Doncaster, Newark, Bawl" y,
Grantham' Stamford, Greethani, Stilton, Riggless‘asle, and
Bahlock. Sets out. in use Morning, and perlduss the jour-
!ney with the greatest facility; at reiuced Fares. Passengers
cletaineti on the Road by business or pit:Mime' have the pe-
culiar advantage of their Seats being secured in the next
Corscb.-!4The only direct Coatir toCarlisle.
The New Royal Patent Mail, through
Ware, Runtingford, Dockland,' and" Royston, Evening, at
Half past Seven o'Cluek,•%inntlay, at a Quarter before Seven.
KRNDAL, Lancaster, ecestotl,.Kirby-Ldnolale,, Dolton,
•Chorley, thiuslitrk, and Garitang Light Post Coaches, every
Afternoon.

The 4f Royal Express," New Light Four Inside Post Coach,
to LIVERPOOL, fit iti hours only, through Warrington,
Prescot, Cong Mott, LaWh), Newcastle, Rudgly, .tor.t,
Stone, Stafford, and Litchfield, (only One Night on the
Road), every Afternoon ; arrives at the Saracen% Ifead
nale.street, Liverpool, next Evening, at Seven, at reduced
:Fares,

WAKEFIELD Four inside Post-Coachea, every Morning
and Afternoon, at reduced Fares.

WESTER, Newport, Whiteehurch,' Turporley, Nampt,
with, Northwich, und Nliddlewich Light Post-Com:li, every
Afternoon.

SUNDERLAND, Stottlitun, and Farm Light. Vest etresch,
every fslurnini, to.-tinsPetirgv Inn, Supderiaad, at reduced
Fares.

Mountain's ." Express," to MANCHESTER, Winslow,
Congleton, Newcastle, %Valor'', Wolverhampton, sod Knots-
ford, new Four Inside Post-Coaelt' every ke A' uoun.Only
One Night on the Road, at reduced Fares.
SHEFFIELD and Rotherham New Four inside Post
Coaches every Morning, called " The. Express," and also
." The Rockingham," every Afternoon, at reduced Fares.

The " Royal. Express," New BIRMINMIANI Lista P6st
'Coach, sets' unt every Afternoon, currying Four !Wilk only ;
passes through Warwick, Leamington, Southarn, Weeiluts,
Daventry, Stoney...Sl rattord, and Toweester, to the %;,trucett's
Head, Bull-street, Birmingham, .early thy next 'Morning, at
reduced Farts.

The " Expres%;" a New Light Post Coach, to lIULI,, Lin-
,cnin, Northeavv,,Howden, anti Doncaster., every 111prning at
Eight o'Clock, to the Cross Eeri, garliet-place, Hug; and
also the " Itiicitilliatu" in the Afternoon at Twalp*Chick.
HERTFORD, 'are, lioJdeadon, and .Cheshuitt Coach,
at reduced Fares,

ToTTENITAm and Edmonton Conelies daily, at Eleven,
Half-past Two, Five, and Eight o'clock.

1.0 At Reduced Fates to I,reds, York, and Doncaster,
Luggage and Paeltages at wily t d per pound.
S. A. NIOUN'VAIN and to. respectfully acquaint their
Frieutli and the Public, I liat.they wjli natleaccountable lot
any Parcels, Paisengees letiggitge, ".ke. of
nitore than Fire Poitiois Value, if lostI stolen) or &imaged,
linters entered acute)), and the Insurance paid' aceuri:w.
tlsk Sal tool's IWO lan, Skipntr.strect,
London.

SPRING ASSIZES.

DERBY, WEDNESDAY, MAnot 26.
CIVIL SIDE.

CLAIM O 1 THE CROWN TO LANDS DERELICT Or THE SEA,
_ .

ON THE EAST AND NOIITH SIDES OF THE COAST OF LIN•

COLN.
These were issues between the King and several Lords of
adjacent manors; whose names hereinafter occur, in which the
right of ownership to the derelict soil left by the sea was in-
volved. A special commission, appointed five yeas ago, to in-
quire into the right, returned their inquisition for the King.
The lands were accordingly seized into the possession of -the
Crown. The defendants denied the facts of the inquisition in
Chancery, and micceeded in traversing it. Issues were framed
to try the right, and the record was sent into the Court of King's
Bench,• whence the issues were sent to the country for trial,
the record being finally reminded back for judgment in Chan-
cery. The property,thus or to be called, in questlon, is
said to amount to 100,000 acres. The Attorney-General,
therefore, thought it best that the trial should take place in
the adjacent county, and the Chief Justice irave his directions
accordingly. The actions now stood over from the last As.
sizes, at which time the defendants, with an expensive and
numerous host of witnesses, consented reluctantly to the post-'
ponement. . . -

Mr. Serjeant 'VAC cn.x wished for some farther delay, which
Mr. Dewstax, as leading Counsel for the defendants, op-
posed, and
Mr. Justice Panic ordered that the trials should be taken per-
emptorily, and the first in the businesss of to-morrow morning.
Another question of some legal nicety arose from an applica.
tion of MI! Serjeant Vaughan to take the causes in order dare-
rent from that set down in thepaper. That, question was,
which of the parties was to have the benefit of entering the re-
cord for trial in the Court. The Learned' Serjeant contended
that the Crown was the plaintiff, and the right certainly must
be with the plaintiff
Mr. DEN3IAN contended that the issues were only remand!,
of proceedings instituted and -set in motion by his clients.
Mr. Justice PARK ruled the matter for the defendants, who
persisted in the course in which they had previously resolved tp
proceed.
The defendants wore the Right Hon. Charles Anderson Pei-
ham, Lord Yarborough; Right Hon. Lord (iwydir; Dame
Dorothea, widow of Sir Joseph Banks ; Edward Greathead,
Esq., and William Scroope, Esq.
TnunsnAv, MAtten 27.
The Court was opened punctually at nine o'clock, and, as
might be expected, the throng was excessive, The first cause
called on was
THE KING v. RIGHT 11011. C. A. PELHAM, LORD YAR-
BOROUGH.
Ctainsel for the Crown—Mr. Sergeant VAttomear Mr.
CLARKE, Mr. HEADER, mild Mr. tioutilonw :
Green, Pemberton,,and Crawley, of Salisbury-scare, London.
Counsel for the defendants— Mean. DE „,jot, pnlLLii,s; and
BAYLEY 7, Solicitor, Mr. Robt. Lys, of Lincoln's-inn. Fields,
A Special Jury was them empannelled from among the Gen-
tlemen of the County, with the addition of one common juror.
On calling over the list in the first instance, Sir C. Col Ville said
that he had no objection to servo, but he must inform the Court
that he held a manor on the borders of the Ilunibtv about 20
miles from the very land to be now called in (logien, under
circumstances so neeinterest
in similar, that ho had anadirect
in the verdict, though his interest was the converse of that
which the defendants had to support.
Mr. Justice Panic, and the Counsel on both sides, express,
ed their high gratification at this instance of impartiality, front
which they all augured the most equitable decision to the trials.
. The services of Sir Charles Colville were dispensed with at
Lid own request, and the Jury was composed of the following
Oentlenien

. F. Hart, of A lderwashy Sir R. 'Wilmot, ofChaddesden,
R. Wood, of Ripley. Bart.
.1. Radford, of Smalley Watts Russell,afparliy-abbey
A. I I thkins, of Newton-S'olney eynell, of Meynell-Leng-
Sir 11. Fitzlierbert, of Tissing. ley
ton and Lea F. Mundy, of Markeaton,
F. G. Goodwin, of Wirksworth Etiquires
Sir H. Every, of Eggington, T. Briggs, talesman.
Hart.
Before the Court proceeded,
Mr. Serjeant suited that he felt it to be his duty
to enter his protest against the decision of yesterday, (alluding,
we presume, to the right of entering the record in Court for
, Malj, which he did in the mere way of ids duty, and without
• the least diminntion of the deference and respect which he must
always feel for the ('ourt.
Jr. 60111. BURN then opened the pleadings, and stated that
this was an action to try the right of certain lands which had
been thrown up and left by the sea, and which the Crown claim-
ed by.virtite of its prerogative, that tlaim being denied by the
defendants ; and that the Issues whereupon the parties were
joined, ran in these words--
Whether a certain piece of land in the plea of the naia de-,
fentlant;by him pleaded by way of traverse to a certain inqui-
sition, was and now is by the sea left m manner and form as in
the said inquisition is supposed and found ; or whether the said
piece of land, at the times in that plea mentioned, by slow,
gradual, and imperceptible degrees of alluvion,. and increase of
the ooze, soil, sand, and other matter, siewly, gradually, and
imperceptibly thrown, up, deposited, and settled by and from
the flux and refloceof the tide and waves of the sea, in, upon,
and-against-the outermost and extreme party of the demesne
lands of the manor of North
gro 'Muesli), cunt Northeotes was
Harmed and did settle, w, and accrue 111)0n, against, and
unto the said demesne lands of the seine manor, in manner
and toren 'es defendant bath in his said plea in that behalf
alleged."
Mr. DENMAN now • submitted that the defendants, by the
decisional yesterday, must be mailed to .begin.
don havjng -found for the Crel. v 4, anti these triabaieingrAhe
effect of an application to traverse the inquisition upon express
affirmations, it became the duty of the defendants to show the
grounds first upon which they proposed to have the rightstried
lover again. The defendants affirmed that the landi in question
were allttrion, and not lands derelict of the sea 'as the inqui-
sition found them. It was upon this question that the otitis
had come.;down here, and the issue was tendered by the de-
fendarits. Ile could never assent to the doetrine of the Leerneil
Sergeant that the Crown was in all cases whatever to take the
lead, anti he hoped that the Court would side with hint upon
the present tjuestion.
31r.; Justice PARK said, that he would not trueble his
!Jotted Biother tq reply. Ile was tinite of opinion that the

officer for the Crown must begin. The inquisition had found
the lands in question to be a cession j'er rclietuni marls; and
the defendant being all Owed to traverse, affirmed that the
grounds were not a cession by dereliction' of the sea, but by
alluvion. The King conS.‘nted' to put the fact in issue, taking
for his affirmation the finding' of the inimisitinn. The King
must certainly have a right to prove his affirmation first.

Mr. Sergeant VAUGHAN then addressed the Jury. He saw
no great difficulty in coming at a right derision on the case.
The facts to be ailduceffiverefew, and the only question was in
what manner the law was to be applied. to those facts. The.Tury
would meet with nothingin the case make it all difficult to
find a verdict satisfactory, both as mains interests of the. Crown
and the rights of the subject. The whole matter might be re-
solved into these divisions—the nature of the progeeding—the
nature of the claim each party asserted—the evidence to support
each claim, and the due application of the law ; and upon the
consideration of all these depended the verdict. It was a great
satisfaction to know, that some of the Jurors bad viewed the
property in question, and every thing conspired to assure the
Court and the country of the'atkictest propriety and justice.. The
proeceding was one in which none of them were very familiar=—a
traverse on an inquisition which foUnd a verdict for the Crown.
The King was intinnied that there was an accretion of a portion
of land on the eastern coast of Lincolnshire, by the reliction
of the sea. He directed a Commission to issue to examine into
the circumstances, and to report how far be was entitled te. the
lands so accrued. , The inquisition was_ taken on oath, in a
manner particularly public—there was nothing like secrecy in
the proceedings—it was done with great publicity and notoriety,
as it °tight to be. in all cases where the exercise of the *raga.
tive was brought in to affect the rights of the subject. Still he
would conclude nothing against the defendants' plea from that
inquisition and the finding upon it. It was usual, on the re-
turn of the writ, for parties to apply by ordinary course for a
regular trial, and then the cause generally went to a Jury_
The matter being put on the same footing as between party and
party in ordinary ceases, with this only ditference, that the pre-
rogative of the Crown was in the situation of a partyion one side,
against the right of the subject on the other. It lidlowed :mutat-
ter of course, that on the Wing of the inquisition, the lands
were seised into the right of the Crown. The, plea for the tra-
verse was to be found in the form of the issues before them. To,
clear the way in great, measure upon this question, he would
state to them what wasthe general principle of the law, ea to
the ownership of this species of property: There seemed to be
hut one opinion inculcated in all the treatises and books of
eases, that, de eanimunt jurc, the Crown. had a right to all
lands thrown up and left by the sea. The defendants in
their traverse put t he. fact in issue, in a manner which went
to establish this doctrine—the, words in • which the ques-,
,lion was submitted were, " whether the land was and is
by the sea left in manner and form as in the said inquisition
is supposed and. found, or not?" To make this clearer, he
would give them the words in
.which the inquisition found—
viz. " that the land was, in times past, covered by the sea, and
is now and for several years has been left by the sea, and iisnot
new covered except when the sea flows up to the see walls,"
&c. This was the main muhject for the jury to consider in de.
terrnining the issue. Wherever a traverse occurred to the find-
ing of an inquisition, it was the custom always to set out what
was called an inducement to the plea. Accordingly, the in.
ducement he set forth was, that the right claimed by the sub-
ject was a subversion of the rights of the Crown. The defend.
ants, after stating their motives, alleged that the lands in ques.
tion were a parcel of the 'ancient rnannor of North Thorealty
cum Northcotes (in right of which the defendant was seized,)
the eastern and northern sides of which were bounded by cite sea,
which lands were gained to the mannor "by slow, gradual,
and imperceptible, degrees of allusion anti increase of the ooze,
soil, sand, and other matters, %lowly, gradually, and impercepti-
bly thrown up,deposited, and setttled by and from the flux and
reflux of the tide, and the waves of the sea, in add upon and
against the outermost and• extreme parts oldie del:iterate lands of
the manor of Thoreaby Clint Northetites, and that the said land I
was formed, and did settle, grow, and accrue upon and
against and unto the said demesne ,lands of the same manor."
It had never been disputed that the King was the great pro.
prietor and lord of s the great waste _of the sea in the same
way that other persons held their rights. as lords of
the manor. This being admitted; the'.principles of common
law 'would give him right to the shores .or the sea : that is to
say, to such parts of the shore as were generally covered by the
ordinary tides—not by the.high equinoctial tides, nor even by
the tides of new and full moon, generally called spring tides._
He spoke simply of the shore between high and low water ntark
at the ordinary tiowings of the tide. TM* Was, comminti jure,
the right of the ('Town. Ile did not deny that the subject might
acquire that right against the Crown ; he ought rather to say,
with the concurrence of or by. grant front the Crown ; or it
might be held bY:prescription, which minima:ld u previous grant
But this was certain—the Crown being the only proprietor, the
subject could never take Merementa madam but in some ft=
which admitted the right of the Crown. Maritime imerements
described that sort of increase in land which arose from the soil,
NU, and sand being thrown up by the sea, till at length the sea
shut-itself front its former bounds, and left the land dry. If this
were dons gradually anffimperceptibly, it was called ollution ;
if more suddenly, it was called dereliction, or land formed by
the receding of, the sea; Again, land might discover itself
by the recession of the sea from it; in process of time, the
land would bear herbege, and eventually. become astrofitaide
as any other soil. But the King was still prima Jade end•
tied to the land, whether it grew by dereliction or alluvion,
by more or less gradual increaaa. There were caeca where a
sulsiisa Might claim effectually against this prima prie right,
and that was irk ceases where the increase had been so slow and
imperceptible as to make it difficult, not to say impossible, to
diveniter the ancient bounds, or to • say whether the sea had
ever been there or not. Ile would make it out, that whatever
I the extent of the increase, whether 10, 20, or any greater num..
ber of acres, if by any known metes and hoods it can be shown
that spots of land hitch been left by the sea, the subject, except
by, special grant, and in express terms, could acquire no right;
but de jure communi the land was in the right of the Crown,—
' The reason of this principle comprised int difficulty if pro.
perly examined. The sea—which was called in some of the
books , the great waste of which . the King was Lord of the
Manor was in this 'sense no more than so much land covet-
ed with wider, and the /Indus 'marts was part of the King's
territory. The only difference between it and other Crown
lands was, that it could not be "mule availuble, to the Crown.
until the sea left it. In the case of increments from inland
rivers, the law differed t the process watt generally' fayy inaensi.
ble and imperceptible accretion, and then it was held that as
you cannot distinguish between . the land thrown up and the
land which receives the addition, these increutents were in the
nature of aperquisji# to your manor. He would proceed to lay
before them the authority on which he rested for this exposition
of the law. Lord Hale, In his tremble De Jure Marie, page
Is, said.-.,“ The King path a title to marititna inecementotar
increase of hunt by the sea; and this is of three, -hinds, n.
ensue per projectitmeni ti 1 a/Neje/tem : Increase per
anon eel &Recitation : per insuke production:wt. The in-
crease per allnylortion is when the sea, it' casting up sand and
earth, Math by degrees increase the lend and shut out itself fur.
ther than the ancient bounds went ; and this is Usttul. The reason
why this belongs to the Crown is, because in truth the soil
where there is now, dry land was formerly rrt of the And.,
ntneis and consequentlY belonged to the hang. Hut, mdeed,
If' aitich ussaatanem be so insensible that it cannot be by
any means found that the sea was there ideas rani izon este et
non appacere, the land thus ieereased belongs, as perqui.
site, to the owner of the land adjacent." Ire begged, the
Jury to remark this—to exclude the right of the Crown
the increase must be " so insensible this` it cannot by any,
means be found that the sea was there. du/ could' find
that the sea had ever been there, the acquest of land WAS to the
Crown by right of his prerogative. In soother place he gays,
" If a subject bath land adjOining the sea, and the violence of
the sea swallow it, but so that yet there be reasonable marks' o
eamtinun the notice of it, or 'though the marks be defaced, yet,
:if by situation and extent of quantity and' hounding upon tilt'
'firm land, the sanre can be known, though the sea leave this
:land again, or it he, by art or industry regained, the aubject
doth pot lose his property. If the. marks continue, Or the ex_
:tent can reasonably he certain, the caseriii, clears thought the'
;marks should have been effaced 40 years." Nor cc ttid the King
lose his right to the increments, except from -the- hrinosaibility.
of showing that they had accrued. Accordingly, the -same
learned author said, in another page of the same work, " The
jut ollaviatits, as I have, before said, is, dejare camtnani, I'y
the law of England, the King's—viz. if by any marks or mett-
mires it can be known what is so'gained ; for if. the gain be so
;Insensible and indescribable, that by any limits. or marks it
cannot be knnwn, alma eit item ease a etp;:niiere, amwell
in maritime increases ,as in the increases by intend rivers."
-And' to allow that . the strongest cases en the other side there
:always existed a prestimpuon of the right' of the (strewn,
he would cite the account which the same author gave in.

PRICE S EVEN IrEN CE4

the same place of the pleadings in the—case of the Barons' of
Barclay as to the right of lands gained -item tibergi.—`• The
river Severn hail gained upon Shinbridg-e so initchithat itaChanan
net ran over part of Shinbridge lands, infti'loat part thereciftow
the other side, and then thiew it back' again to Shinberg.
shall not belong to Aare (8 'cOlitiguOus river),'heithor Was hail
claimed hy the King, though Severn be in that place an area
of the sea, but it was restored to Shinberg." ' Here was (}le
primapeie:right of Ahe King impliedbyllie particular Mention
of it; and then folloived the special reasuni file net pressing the
right s --‘,' But the truth is, that there the maritimoinvreme?qa of
that river belong to the limns of Barelif," and then came an-
other special reason for that ownership. c. The truth is also thin
the river., which is n wild unruly river, and many times shifts
its channel, especially in that fiat between' Sliinbe'rg
Aure, is the common bonndary.betWeen' the manors of elthe.r
side, viz.,' the pion aqua!, or middle' Of the stteac.',." • the
right application of these principle's' to the facts about if') be
proved, the -verdict would depend. -The lands ;low it; issue
were about 450 acres. Some of the jury had seen tics tai. (NI tips
were then produced, and the new lands specific() te the (.:';hurt
and Jury.) It would be his duty to evidence 'wrote
'them, that the property was of the nature doevibed in the, jp.:
quisition, and such as by construction of la* Must be in the tight
of the Crown. An ingiusition taken in the reign ef queen
would be produced, by which lands Which lay between the old
•sea wall and the new Rea wall, and within the lands now etaittsed,
had been found de.reliet of the Se 3, anti Colleeltiently :die :tight
to them vested in the CrOwti. This would lie useful ,to pions,
that the lands now in:ought-In question were not throWn up, as
the defendant 'allegede• against his Manor, btit against .t piece
of ground which warn found in the reign a Queen Arnie, to be-
long to the Crown. flaying 'thits 'outa sketch of the 'citan
Mr the Crown which 'wits enough to, inakehisintention plain
to them, he would not mime time by any unnecessary. remarks.
The Jury were. impartial, The defendant was very fairly and
laudably engaged in the defence of that which he deemed his
right ; and for his own part he felt sure, that whatever verdict
should be given, it would, in p,iinfajtisticr, be perfectly sa-
tisfactory to both sides.
The Hey. .1. hone was the first witness call:Al.—Before taking
orders, lie was a surveyor; Slat made a ))lati of the lands in titles-
nun, but he had net meastited them. •
Edward Muniby liadlived at Nordt Thoreshy for 27 Years
past. Bad observed the l'ittecit (the •ntinie' of the lands in
question) outside the old sea wall.. 'Knew' the sea to have re-'
ceded., In some parts it had left .160 yards to his knowledge.
Had frequently observed it. The soil is not all covered with
herbage. It had ceded mori.• in the last four years. Ile did
not measure this particular increase. Ile had Ineastirea the
-lands altogether, and found' that there was an. increase of 453
acres, 3 reeds, and 31 perches, the 'new sea wall to the'Seti.
In some places it was ltW 'mai wide—An Soule 1511
some the sea had not receded at all.
Cross-examined by Mr. D'orillart.This increase took
'place in 2l year*. recciXicn left the bare sand, but not :,its
along; seine ieood, soil .was'threwn. up. Ten is north of
Northcotes, that, is,lowardillizinberatone. The !lumber run*
into the sea, north of 11uprberetotie.it -trumberstone) bor-
ders upon the !lumber. The littimber-threiva up a Warp which
lacreases this latid.tlic warp is a sledge ottze and silt. These
Fittees are formed ,by that anti the sand throWn up. ' The cur-
rents of the tlerman Ocean meetthat slittlge, and spread it Over
these Fitte.es. Silt is the name of the very finest mtd that
even Lhicohishire can prodUcc
Mr. IttNlitali said he underaioad that silt was of such fines
ncss that some people thmight that it might to be called
Mr. Justice 14ank declared that he wool,' rather nut have his
robes composed of sit line u coinniodity.
Examination continued.....-Lord VarbotoUgh is lord- of the
manor at Northcotes. I don't know that low Water-mark is the
common boondary of Northcotes. Domini Nook is in Ntittit
Lower Cotes. I don't know that the sea has' washed away soil
from Donna Nook. The alteration has been very slow turd
gradual. I observed the gMund at intervals of Sit or seven
years, and perceived that it wits increasing. I set up no mark.
I' judged by My. eye. I can't speak to an increase in any one
particular interval. 1 hut:titled the Connuission. I don t re-
collect that Lord Yarborough was there.
To save time, the Counsel for the Crown adMitted that the
inquisition was er-piirlc, and being an inquisition of ounce, 4,11.4
Commissioners would not have received evidence from Lord
Yacht)* , •
''Jitrites Hines Is a fanner, living at Marsh Chapel, 811(1 knew
the rittees well, opposite to North Cotes. Had known them
for 16 years. Aly father wax agent there to the Underwriters to
save. wrecks . • I used to ;twice loin.
.'('hers,.'('hers,has been an increase
in the per ital of My reeollvetiou outrikle, the i,eit ;auto uppoite
Northcotes; I think from 100 to 150 yards. The herbage now
grows upon It. I reMember it being What we called sludge ;
and crab,grass, which the rattle will not eat, grew open it. It
takes four or tire years belbro it gets firm. The inertias-;.;rows
from year to year, but not so as to perceive the It
clearly increasests' I have seen it many times in the hot five
years. I eatt'apeak of 30' to 50 yards in that tune. lam Hum
ot' Itl in some parts. The breadth or depth of the Fitteea front
the wall to the sea is a mile in one particular place, mostly co.
vered whh herhago. I assisted Mr. Hone in the sitrvey.l
observed the old Ken Wan. The land between the old anti new
sett wall had the appearance as it', It had been Fittees. Betbre
the new bank was erected, no doubt that the sea running high
• Would overlie* this land between the old and new sea. wall.
, • Cross-ekamined by Mr. Baton V.—The high-water mark is
the saute now as it was formerly.
,Qmistien pat.—Whether or not witness has ever heard
that loW,water tnark Was the common boundary of Northcotes
Manor.
Objection taken. _ _

lklr. Sergeant VAlrollAN raised the queotion. Ile would irtlo
ply affirm, that common reputation mold be no evidern at all
to support a simple claim of private right, and therefore could
be.no evidence far the defendant.

Mr. DEN 31 .contentletl, that the hound.try of a manor was
a question aS much of public as Of private right.
31r. Justice PAUL thought that he coutd not allow tile
question.
Mr. Dtivital; said, that proof as to actA of ownership and
occupation mast be important. Their allegation was, that the
common boundary of Nordicotes MATIIIOr was low.water-rhuh.
So, far nom this not. being proyeabb, lay. mini um reputation, it
could be proved in no ,other way.
,They. would Show, more-
over, that IJOrd. Varboroitgh enjoyed ,antl 'exercised liis right
over wreck of the sea upon the same manor, which could nut
be if the shore were not hie ui tow-watermark. .

Mr, IScTiennt \ au u itarr adtnittrd that they might give evi-
dence of7enjoying wreck of the sea: but minium reptitation
Was not evidence ormanorial boundary hi a titbrStiOn of Private
right.
.
Ir. Dcrotarr Said, in all questions of boundary of nattier
there was public riglicinvolvcd—a landlord Was bound by pub-
lic right to know the extent of his own manor.
Mr. Itt:AnEa said, that the enjoyment of wreck did not ne-
cessarily imply manorial right.
Mr. Justice Ytat X' said he would take upon himself to allow
the objection. •
Mr. DE34MAW quoted a passage from Mr. Phillips's book an
evidenee,, to:show that this was good evidence.
Ilr. Puti.r.tes, more On'belialf of his client than in defence
of his book, averred "that his conclusion was drawn from the
concurrence of all the authorities of the lust 'A years.
Mr..lust ice Pang said, it might possibly be evidence in clis-
outer; respecting. the relative bounderieti of estates or parishes,
but here was no question of how far the manor extended.
Mr. Ptitht.irs said, that .as in the right of common there
could exist nu other evidence to provethe litrut but common
rgrutattion, which be maintained was in the question of Immo-
nal, boundaries completely -admissible, He delletl.Mr. Clarke
to produce a single case' of disputed 'parochial or manorial
boundary which that evidence had been disputed.
Serjetint. 'VAUGHAN retorted the challenge: Three had
been no case cited in which the evidence but been received. In
be ease rof Nichols and Parker, II East, traditionary evidence
had been received from seine very old people on it' duet tieri of
parochittl boundary, and the reason given for its reception was,
that the' Witnesses could not, have any interest in the es ate
goritia4n argument..which fell incidentally against the, use of
tmeh evidence by those who had an interest to the Matter of
Mr. Justice NUX overruled the question, leaving'. tbe,
fendant'S Coning:l of course to their appeal to the Court.' above,
Cross-examination resumed..-The rittces toil* beau, &Fag—
titted by theitheto anti cattle of different people, all the time I
'can remember. I have kilown of wrecks tin 'the Coast.. My
'father waitngent. and thry wkib delivered to salvers.
`lf there Were no owners, die wreeksiiere delivered* the wreek.
gatherer of Lord Varborough. There, was 'no wreck (If that
kind in my ineenory. I have seen greuridtige of A,. paid to
Lord Varbornogh`a Merit for every bottom thrown on the.
'coast. 'The Knees .gradually increase, net perceptibly to the
eye at the moment, btit in four or Eve years. I have seen in