The Sun.
London, England, 1833-08-07 00:00:00

ASSIZE INTELLIGENCE

HOME. CIRCUIT.— Otornas, Au& 6.
GUNTRIP V. GUNNING.

This was an action of covenant to recover com-
pensation in damages for the injury sustained by the
plaintiff in conseq•senee of a breach of covenant by
the defendant. The defendant pleaded that he had
not en►ered into the covenant.

Both parties were bakers, and, some years since,
the plaintiff let the lease of his premises to the de-
fendant. In the lease was contained a covenant that
the defendant would not carry on the business of a
hiker within two miles of the demised premi-es.
He fulfilled his covenant for more titan a year, and
then returned and took a baker's shop %,ithin a hun-
dred yards of the plaintiff. The effect of this
proximity soon became evident in the rapid decrea4,
of custom to the plaintiff's shop. In the course of
a few months so little bu-iiiess was done by the
plaintiff that he could scarcely obta'n a subsistence.
In proof that this proceeding of the defendant was
wilful, it was shown that be hail frequi-ntl, in an
insulting manner, declared that he would get all the
bu iness from the plaintiff.
The Jiiry returned a verdict for the plaintiff—
Damages 751.

DENBIGHSHIRE. AVG 6.

IMPORTANT RIGHT OF FERRY.- MORRIS AND MAT-

THEW V. EVANS AND OTHERS.

This was an action (the venue changed from
C•rnervon) brought by the plaintiffs, Robert Morri.
and Wm. Matthew, lessees of Tal-y•Foel ferry (a
ferry across the Menai Straits, from Carnarvon to
Tial-y•Foel, in the county of Anglesea), to recover
damages for an alleged infringement of their rights
y he defendants, George Evans, Thomas Edwards,
aid Thomas Barton, who have been plying within
ilie limits of the ferry, in a vessel called the Paul
Pry. The cause exeited extraordinary interest in
North Wales, L•verpool, and the surrounding dis-
trict, involving as it did the right of a monopoly of
tee transit of goods and passengers by water car.
riage across the &faits of Menai, which was claimed
by the plaintiffs as under-les•ees of the Crown.
The trial lasted two days.
The ATTORNEY-GENERAL stated the case. Lord
Boson was the lessee of the ferry tinder the Crown,
and the plaintiffs in this action were under-le-sees of
his L^r~lship. The defend ors were the crew of the
Paul Pry steam-packet, winch commenced plying
fritn Canarvon to Birras, in the Isle of Angleaea,
on the 6th of April, 1832, and continued until May,
1833, wiihin the limits of Tal-y-Furl ferry. He
contended, that if in so plying they carried pas-
sengers or goods, the plaintiffs were clerstly entitled
to a nerd ct. It was evident from the leases granted
by the Crown, which would be prodeced, that the
shores of the M•trai, the ferti-s, and the beach be•
titeen high and low water, belonged to the Crown;
and it was impossible that all one could have a
right to make use of them without a special grant
from the Crown. The defendants had made fre-
quent applicwirm to the plaintiffs with a view of
purchasing this right, whien hail for an many years
been enjoyed by the ante-tors of Lord Boston; and
rids right was never attempted to be invaded until
when it was infringed by a person named
David Williams, aho commenced carrying pas-
sengers, &c., from Barra to the Carnarvon side of
the strait. A fell was immed,a ely fi eel itgain.t nim
by the then Attorney-Gener .1, Sir Reber, G fford,
arid Williams, submit ting to it, suffered judgment to
Roby default, thus acknowledging the legal right of
the plaint ffs to the ferry.
After evidence had been heard for the plaintiffs,
Mr. J. H. LLOYD, for the defendants, said he should
rest his case solely on the evident e adduced on the
part of the plaintiffs. The plaintiffs claimed under
this lease an extent of coast reaching two miles and
three quarters. Now, in the lease, there was an ex-
po ss locality given by the mention of the " passage
over the waters of Sand —a branch river or arm of
the sea, riitineig close by the castle of Carnarvon,
yet the pltotal& undertook to say that it gave them
the whole line of coast faint' Porii-y.Gylfacit to Cer-
rig-duon. He contended that ti P lease only gave a
right from Carnal von to Taky•Fiiei ferry, and nu
right whatever ton Caine; von to Maras, the line
on which the Paul Pry steamer plied, which was
the infringement complaitied of, and for which this
„ct i„iiwa.; brought. If the piaiteiffs had not made
out a cleir ca-e, from grants or prele evidence, sub-
stantiating ancient usage, they could not claim a ver-
dict. Tne learned gentleman then proceeded to
observe on the evidence, after which the jury gave a
verdict for the defendants.

CHOLERA ,The Medical Gazette, in its
weekly
buti.ll burn the Bdis M.irtality,
.c,uo
t of
July 30, states that 95 had die I of eb..lera, 71 of con-
eumpti,,,,, 54 of age and debility, 41 of convulsions and
infLinamativn,