Star.
London, England, 1808-06-21 00:00:00

Llirf L J

'CE.

COURT OF JUNG', BENCH, JUNE 20.
NEWMAN .0. MORGAN.
Serjcant SITEPHERD shewed cause against a Rule
obtained by Mr. Garrow, why the nonstnt should not
be set aside, and a new trial granted in the'cause. It
was an action by the Plaintiff, who was a farmer,
. against the Defendant, who is the lessee of some
tythes in the county of Essex, for not taking avray
tythe of hay. The farmer had cuthis hay in the swarth,
and immediately, without tedding or spreading it
abroad, set it out ha cocks, and gave the Defendant
notice to take it away. The Defendant refused to
take it, because it had not been tedded.
Upon the trial Mr Justice HEAT!' directed a non-
suit, because, by the common law, the hay ought to
be tedded before it was-set out.
Lord ELLENBOROUCaI observed, that the argument
for the Defendant seemed to be intended to prove that
the parson was entitled to the tythe in its process to-
wards making it into hay, and not in its process to-
wards making it into dung.
Mr. Gauttow now argued, that it was not neces-
sary to do any thing towards making the hay, and
that if it was necessary to ted the grass, there could
be no saying to what extent the parson might require
the farmer to go towards making the hay.- -
The Court were, however, decidedly of opinion
that the Learned Judge at the Trial had properly
nonsuited the Plaintiff, and they cited some recent
decisions by which it had been laid down that the hay
tythe should be tedded before it was set out. The
law on this subject is, that the tythe of hay shall be
set out as soon as iii the ordinary process it presents
itself in such a condition as that the tythe may be con-
veniently collected. This mews when it is put into
grass cocks, which is never done until it has been
turned over or tedded. If, therefore, the farmer
chooses to put it perfectly green and wet into cocks,
he has not done ill-that the law requires of him, and
the parson is not bound to remove the tythe under
such circnmstancei. The Rule, therefore, must be
discharged.

THE NINO V. BARNETT.
This was an argunientresulting from a conviction of
the Defendant, fbr assaulting an officer of the Cus-
toms, engaged in the discharge of his duty, as it was
alledged in the information.
The single question was as to the validity of a
Wei: of Assistance, granted at the commencement of
the present reign. These writs were recognized in
the statute of 13 and 14. ch. 11. c. 11. s. 5 ; and since'
that period have been granted at the beginning of
every reign, their prospective effect in justifying the
assistance to officers of cipstoms never having been
doubted until the present time. After the ATTORNEY
GENERAL for the prosecution, and Messrs MARRYATT,
and LAWS for the Defendant, had been heard,
The CHIEF Jetricr said, that this was not only a
question of the first novelty, but of extreme impor-
tance to the public and individuals, and therefore the
Court would look into it with great attention and
`anxiety. The authorities of Bunbury, Hardoes, Ry-
mer, Styles, and Rushworth had been cited ; and if
Gentlemen on either side should discover any others,
the Court would be glad of their communications to
assist its judgment.

Yesterday morning about three o'clock, as the Bos-
ton Mail Coach was coming to town, one of the
wheels came off near Ware, and the coach was over-
turned, by which accident the coachman, the guard,
and a woman with a child, were so much bruised as
not to be able to puisue their journey.
On Friday morning, as the covered waggon be-
longing to the Aspley Academy, in Bedfordshire,
containing the luggage of the young Gentlemen who
have broke up for the holidays, was passing through
Guildford-street, the near fore-wheel soddenly broke,
and the waggon fell over upon the foot-path ; this
was occasioned by the wheel being on fire, and the
whole waggon would have been in flames, had it not
been for the immediate supply of water. The heat
was so excessive that the water boiled in the holes of
the wheel, soon after it was thrown upon it.
As a boy, eight years of age, son of a cabinet-
maker, at Skipton, was last week playing with a
loaded gun, it went off, and killed his sister on the

spot.
Friday morning, a woman at Hull, left her son,
about four years of age, in bed, whilst she went to
milk her cow ; during her absence he had got out of
bed, hnd approaching too near the fire, his shirt
was can,-ht by the and he was so dreadfully
burnt, that he only survived until the evening.
On Wednesday, as E. Penny, of Bapton, nine
years old, was riding on the fore horse of a team, in
Bishopstrom, the horses took fright, the boy was
thrown off, and the wheels of the waggon passing
over his head, he was killed on the spot. On Thurs-
day the Coroner took an Inquest, when the Jury re-
turned a verdict of Accidental Death; but it appear-
ing that the father of the boy was on the waggon at
the time, in a state of intoxication, the Coroner fined
him 10s.
On Monday morning,. the body of a new-born in-
fant was found in the privy of a house in Trippet.-1-
Hannah P, rice was taken up on suspicion, but dis-
charged. Some circumstances transpiring subse-
quently, terdiug to criminate her, she was again ex-
amined on Tuesday, when she confessed to its being
her child, but alledged that it was still-born. She has
bees committed for trial at the ensuing York Assizes.
MaNstos-nousx.—Yesterday J Hanly was fully
connritted on a charge of having in his possession a
boll of ribbons, which were stolen from the Swan with
Two Necks Inn-yard, being sent by the CaventrY,
coach, directed to Mr. Smith, of Gutter-lane.
W. 77m1111, of Amerthoby, in the North Riding,
has been committed to York Ca,stle, charged with
forging drafts, purporting to be drawn by the Wake-
field Bank.
FIRM—A considerable alarm was excited at Dept-
ford, on Thursday night, by the appearance of tire
in the dock-yard, but which was extinguished with-
out doing further injury than burning a part of the
kiln where the plank is boiled for the ships sides.—
The wind was off the shore, which hlew the flames
from the plank-houses close by, though, for the same'
mom, some apprehensions were entertained for the
QUEEN CHARLOTTE, a first rate, on the stocks.
Sunday morning a fire broke out in the house of
Mr. Rose, cheesemonger, in Brick-lane, Spital•fields;
which destroyed the interior thereof.

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