Star.
London, England, 1802-11-09 00:00:00

BROWN AND OTHERS V. SEWELL AND OTHERS.

Mr. PARKE moved for a new trial in this cafe,
which he Rated to have been an aCtion on the sth
and 6th of Edward VI. for not letting out tythes.
The real queflion to be tried in the caufe was,
Whether the Bifhop of Carlifle was or was not en-
titled to the corn tythes of a certain-part of land
by prefcription, or whether they belonged to the
Dean and Chapter, as Rectors ? The land which
produced the tythes in queltion was formerly un-
cultivated, and it was not until thefe lalt thirty
years that it had produced corn at all. It was
proved at the trial that the Bifhop was in poffeffiort
of all the corn tythes in the village of Cummers-
field ; but the other fide had railed a queltion,
whether the Bifhop's grant had not been fuffici-
ently extenfive to cover the corn tythes in queftion,
even fuppofing him entitled to them by the pre.
fcription ; but they on the other fide contendeds
that it could never be fuppofed the grants meant
to convey a thing which, at the time, had never
exifted.

Lord ELLENBOROUGH asked, whether the At
for allottihg the inclofed land did not alfo direft
that the tythes thould be veiled in the Lune man-
ner as the tythes of the land in refped of whi.:h
the allotments were made?

Mr. PARKE replied, he believed not, but he had
not get the Aft. It was a queflion of great im.
portance between the parties, and he hoped the
Court would give them an opportunity of difctif-
fing it.—Rule Nil granted.

PALACE COURT, NOV. 4p
JOHNSON V. SIMMS.
This was an aStion of trefpafs for making an il-
legal diftraint on the goods and chattels of the
plaintiff. The faSts were as follow :
Mr. Johnfon, the plaintiff, fitted up a Phantaf-
magoria, and feeking for a proper place to exhibit
it in juft before the laft General EleCtion, found
out Mr. Simms, who keeps the Globe Tavern ill
St. Saviour's Churchyard ; he took his club rooms
for one guinea and a half a week. There was a
table and fome chairs in the rooms when the let-
ting took place. After remaining there for fifteen
weeks, Mr. Simms, finding that the plaintiff was
about removing his fpeetres and hobgoblins, ven-
tured to diftratn all the tangible articles. johnlira
conlidered himfelf injured, and brought this anion
for an illegal diaraint.
On this Ratement of the fasts to the Jury, and
by the evidence of Mr. Macarthy, as to their being
furniture in the rooms where the hiring and let-
ting took place, a conditional verdict for 601. mas
entered for the plaintiff, fubjeft to a fpecial Cede,
to be Rated and argued by the Counfel.
The cafe came on to be argued, and it was on
the fimple abaraft queftion, "• Whether a dial:Zs
for rent could, by the law of this country, as it
now (lands, be taken for furnithect lodging. ?"
Mr. FEVIL for the plaintiff, and Mr. AGAR for
the defendant, argued the cafe in a very :AU:
manner.
The Learned Judge entered into a review of
the cafe, which he confidered of great impor-
tance, particularly to the perfons within the ja-
rifdiStion of the Court. It was a cafe ernire:y
new. he wifhed it had been argued in one of the
Superior Courts rather than in the Palace Court ;
for he certainly would much rather have argued
it than be called on to decide it. As it had
fallen to his lot to give judgment on the qua.
tion, he mull act as the law Rood. His opinion
was, 4' That a dittrefs for rent for furnifhed lodg-
ings will not lie, and that therefore the verdict
• mull Rand."
It was then determined that the boxes of the