The Sun.
London, England, 1803-02-03 00:00:00

LAW REPORT.

- COURT OF EXCHEQUER,
• JAR.ItETT WOVETT: •
-•••' stated,. that this was a bill Led by,
the Rev. Mr Jarrett; Vicar Of the Vicarage and
Phapelry of Wallington, in Somersetsbire, rig tnst
the Defendant, one of the pariShioners.-of theeiariSh
of Wallington, to recover the' full. value':' of the
tythe. of hay, and the. predial' mid-mixed. tytlies,
;Vlach,' as such paeishionee,' he was bound: to. pay
too the Vicar. ,The Plaintiff had, in the year 1791,
been Waled to the Vicarage and Chapelry, and
immediately :after he
.was' invested with the vicarial
'rights, he gave notice to the Deftidents, that he.
should expett to receive his tythee id•kiiid. 'The
Defendant, as, well as-the other inhabitants of the
garish, insisted on paying. a- composition in lieu..of
iythea, which„composition they estimated at' only
!val. a year, though the- tythe, if taken in. kind,
would ,be equal. to 4001. a year. The,. motive .of
the Defendantin insisting- on.a' composition, wars
his knowledge orthe difficulty of proving the En..
dormant of the Chupelry---,7The original, Endow'
merit 1-tad been lost, but it was.copteitted 'lb the
= Hat M leian anuecript. fie. admitted. the 41arleiae
:Viinthcript
,was not a medium' of inoot which.
Cotild be received as evidence either in a Court of
Law or Equity, but, foriunately .for the Plaintiff,
he .had'discovered a Very ancient bunk marked A,,
and having on the first leaf-these woids" Ab
Ann° ieeo, usq. annum ijoi.." This book had
been .f.eund In the -Muniment Room of the Registry
of t'„' Mein and Chapter of the Cathedral Churebiof
. Andrew in Wells,. Jr contained a perfet copy
to Letin of the Mi of Endowment. The Learned
Counsel then stated the terms of this document in
the language in which it was couched. It was pre.
faced with the words. " In nutlike DE', Amen ;"
and as well. as we were enabled to translate the
sense of, it, appeared to be dated from • the year of
the Inearnatiori.434.6, in the 9tblndittion, on the
.23d Ciaober. It was in the,6th year of the Ponti.
fieate .Of the. Most Holy and, Reverend Father, in
God, 'by Divine Providence, Pope Benediet the
Twelfth, and.nurpoeted to be an Aft of Endowment
• in favour of John de St, Pant, as Prepositus of the
Vicarage end Chapelry nr.Wallington, and in con.
sideration •of hits obedience' and submission to the
Bishop of 13eth and Wells, 'granted to hiire and his
successors for ever, all the great and small tythts,
predial and mixed, of the Vicarage. ,
• The Learned Counsel havipg ,'stated. the ease,
proceeded to the. prnol.of it, by putting in ate an-
tient Muniment,wc have mentioned.,
Mr. Rit;itAens,, for the Defendant, objenetho
its ~amiss on as 'evidence. He contended it had no
title :which tnanifestedlts being a legal document.
The Learned Barons were, however of opinion,
that, as 'the: 'appeerance of, the Muniment eareled
such unequivoeal intet nal. proof of. its high anti auity
and authenticity ; further, as, it was corroborated
by the, Harleian Manuscript ; as it had been found
in the Registry of the Cathe,lral Church of Sr.. An.
drew, and as it appear( d in the-books and. thanu.
scripts fourd in the libraries olDeans and Chapters,
had ken frequently revised as evideeee, they were
bound to admit it.,
Accordingly the Aa or Bull of Pope' Bertedift.
th Xllth- was allowed to be complete evidence of
the Endowment of the.Lhapelry, and, the Plaintiff
had a jodgment in his favnur, by ovhich he will be
entitled either to take: his tythes in kind, or receive
:a composition ;tithe rate 'pf 4oor. a year.

A-question of considerable importance was a few
days since decided in the Court of Exchequer, in a
cause institmed by the Rev. Nicholas Toper, the
ite6tor of Lurgashall, in *sex, against the major
part of his Parishioners,..oecUpiers of lands within
that parish.—lt seems that the Plaintiff,' Mr. 'fur-
ner, having. been under , agreement With the De-
fendants, for' compositions, or money payments, in
lieu of their tythes, he, in June 1798, accepted
another benefice, and thereby avoided‘that of Lur-
gasliall; but-in the. November following; having
again succeeded, to tairgashall, on the 'presentation
of Card. Egremont,, his patron, he insisted that the
above agreements,were thereby put an end to, and
therefore demanded not only what. was due upon the
agreements up to the time of his avoidance of ;the
liVing of Lurgashalt, butsalsb the tythe in kind for
the remainder of that year.; which,.as the avoid-
time to ,k place just before the harvest, Was in efilA
a demand. of:double ry•the; a demand the 'Court
unanimously rejetled, and decreed' Mr. Turner to
abide by his agreements.

Gtl I 1,1) AL L.—Tuesday Ge6rge'S;moton,s, a Jour-
neyman Carpenter, was' charged before, 'Mr. Alder_
NEWNHAM, by Mr., Lane, with leaving his.
service, contrary to AEI of Parliament. Mc. Lane
stated that he is a garpctiter at lioxton, and 'Sitn.:
mons had engaged with Minas a journeyman by the
week : when he had served him abnut,three •days he
abruptly left fiis service, and lee had' nor been able
to lesrn any thing t f hitu,Since, till he. was 'summon-
ed before- the Court- of Requests for wages which
Simmons'demanded. Mr. Lane took the opportunity
of bringing him before the Magistrate. Mr. Al.',
derman. NEWNHANI) after 'consulting .the A& of
Nrliament, infornied Simmons that he-had incurred.;
, the penalties of.theAttby leaving his work, which
penalty: was. three months iniprisonment, and .not
less than* one mouth Simmons, in his .Aefenee,
alledged•that he 11:1d not left. has work unfinishett,.'
and expressed his re:idiness to serve the remaindct
of his time, if his.nrster would •take'hho
This Mr. I,,mc.wOnld not consent tee du. • •He said
lie wished an example to be in,i'de,'arld for'that ,pur. •
'pose had brought hini before the Magistrate. If
he would acknowledge his fault, had 'po:Objee
tion. to safer him to depatt, provided it met the
,ivishes' of the. Magistratci Siminons agreed to ,thet,
proposed terffis, tint! Over paying the -expellees in,:
curred, and being . setiouily .aditioniihed by, the,•
..Worthy Alderman, he was, discharged. • -••

• Abrahain Easovtiod, weaYei,w;
On Friday' st'imikht, found.,-deati in • .the snow, on
lArtidsWottli Coitnoti, i*itt ifa;(; kis Supposed
,his death was- oteasioned: bx the, severity ti,f
weather.