The Sun.
London, England, 1805-12-31 00:00:00

trig'
REP 01171.

COUier Or• CHANCERY, Ptc. les

Loan )ct WSINGTON V. tIAN4Z.LL.,,,,
This was a case of singular nature,:the decision
of which must be interesting to 'Lords of Manors.
A bill had be,im filed by 1.,0rd Kensington against
the Defendant, a femme coverte, and holdihg a copy-.
bold estate, situated at Gloucester-row,' Earl's.
court, Kensington, under the Plaintiff, as Lard of the
Manor. The bill recited, that by the custom of
the tnanori the Lord was 'entitled to a fine on the
admi*sn of a new tenant. :That- this copyhold
i was -grunted in the *year t 765, to a mail of the
name' of Brown, 'without a :fine, who, in utiB,
surrenikrelit by a deed of settlement to various
uses -, first, to hirbself for life ; next, to his wife for
. life; and nev, to the children .of that marriage,
in different shares, iii fee. The Defendant was the
only
,surViVing.child. of Mr. Brown ; and, on her
coming into. 'possession she was admitted by Lord
Nensington's., oiliff, and as the estates in. that.
e 3 is had, of late years, greatly improyed in,
quo, hi; Lordship had -ihe copyhold in question
ditty aise.iwd by a Jury, and demanded of the be
feridant a moderate fine of 12.,0001. Which was not-
tn4.)re dint two yeais amount. of the income arising
frOrn the premises., This demand was resisted by the
17cCertrl ;ter., and- ejedmeot* brotight against her,
under an ,A6l of George the First, the title of which
was, " An lift to enable ,Lords of Manors more-.
easily to • recover fines, and, to prated infants and
limmkeover4es from forfeiture." On the trial of
the C4u,Sejwfore Lard ELLt*Fii7ArtOUGH, ill the Court
of King's. Bench, his Lordship direted•the Plaintiff
to be non suited, on the ground of his ,not.being
able to, predlice the deed of. adinisslon, which was
in the possession Of the Defend4nt. The bill,
therefore, claimed that' the Defendant should pro-
duce the deed, to enable his Lordship to, bring it as
evidence iil'any future action or ejattnent ttrliieb
he Might think proper,tO 'produce in any Court of
, . •
Mr. RzcaARDB; Ibis day, Pguect of considerable
length in demurrer against the Bill, and principally
rested on the ground, that the .produetion of the
Deed was unnecessary, as the Plaintiff, if he had a
right tO exact a fine on the , admission of the De-.
fondant, might have sufficiently proved it by the
Copy of the Court -Rai-. 'and not having -levied a
aatiliSti. the achniaion of Brown, .the father; the
Ylaintitz was not intitled to demand one of the pre-
seiit tenal4., wilo Wai admitted by a Deed of Set-
tlement; and not by descent, as was provided for
by.the Ad of Parliament.

Sr.. j01N11i..1.17, Lelialf of the Plaintiff, con-
that as his Client had been non-suited -be-
cause he could not. give this Deed hi evidence, he
Wa6littilleid to claim the assistance of :a• court of
Equity, that he may be enabled tai produce it fOr the
,purpose of sustaining his just right. He would not
himselfpresume to give any opinion on the judgment
of the Lord ChiefJuaice of the King's Bench, and had
a;:right to consider that as lasi, which was.so held to
be V'such high authority ;' but, he thought himself
competent to apply ,for, this redress for his Client
front a Court of •Eyaity. •
The 1.40aD Cifitler:Ltea said, that he fancied lit:
must, be wrong in his opinion of the Jaw, though be
.was unable to discover it. Were he sitting at Nis
Prius wad deciding as tLeChief 41.1titt of tie.
Court of King's Bench had done, hu iheerdliaVe
thought it his duty not: ohly not to hold that there
was a Deed of Admission; but that there was no
such, Deed unloss it were
,produced, and given 'iii
evidence. Nothing was more clear, Or:lnure fully
deeided,•than iliac if the Lord' of a Manor thought
proper to indulge one tenant, by not exacting aline
from lino, he was not thereby precluded from. as-
serting his right to demand it of :Another, .Instead of
non-suiting OW Plaintiff because the Deed was not
produced, he thoughtii to be:the very ground upon
Which his Claim. could be establiShed, astba.t
nwtit, instead of making hire, would be
,•••slie •
best defence the Dt rendant could F:et up. Its the
case appeared to him, he must 'acknowledge he was
nnable to reconcile the opinion of 'Lord 1.(44.1;:43P-
'R0UGH v;ith What* conceived to be the law.
Roiqtr..l.l'st ig'gdsted; that 'as the oprziori of the
Conrt ileu;,-;l4 was decisive of the point, he
WaS cuirid.to consider the Law, and his Client,
therefore, hail no other redres3, but to move for a new:'
trial,- or qply for the assistance of a Court of
Erfuity. • _

. .
After some further argument, the Loin .Cll/0.?..
l' V. t.Ott, ordered the cause to stand over till Monday
ii-:.,st, by which time he should inquire what was the
I, rew which the Lord Qhicf Jtistice to oic of the Case
when be honsuited the Mime .. .. ' '

Saturday a boy about thirteen years of age, the
ser,,ant of a respetitable pawnbroker in Tothill-stre.. t,
Westruiniter, hung himself to a beam irk the gairet
of his master's house, where he was found dead.—
The onfortunate.yonth had ever beet) of a- thearful
disposition, previous to: the melancholy incident,
which is attributed to the Weakness of his under-
standing. He had frequerttly—expresied a wiSh to
judge of the sensation produced . by hanging, and it
isbelieved, he su6pended himself without. any in-
tention that .the attempt shOtild prove fatal:. He-
had stuck a knife in the wall, where he stood upon
a stool, probably conceiving he. could cutthe rope,
when he had strangulation enough. The celebrated
'Do6tor BgaxN-ct,l,lishop of Cloyne, when a stu-
dent in Trinity College,, Dublin, had •neatly fallen. a
vietiru to the same curaiity, With a, view to ascer-
min whether strangttlatioiv.were a painful_ mode of
death, he caused some of his companions to hang
him up, having previously— conditioned with them
to cut him.: down the moment he :should mak4 a
signallbr the purpose. -He.had tiot7poWist.to' nuke
the signal, and, his companions becoming
tieut, out..the rope; whon.• ha fell.senseless ,on the
ohcbwas with.great difficulty restored to life.
Ort.the. 17th inst. was liberated tram the Tower-
of Dublin, ROBEHT j4OiES .CAKilt., Esq. after two
years'.and three mcintlic confinement, on suspicion
of Trcasom •
On .Christmas-Eve a lull blown Clove Carnation
'Flower was cut in an open aspect of the Farden. of
Mr. SMITH, 7in,..QtAlegate-lanc, in. York. It .ms
equally strong. in stnell,'und beautiful in appearance,
as if blown In July or August.