Star.
London, England, 1807-04-02 00:00:00

THS BISHOP OF DURHAM V ISRAUMONT.

This was a quellion upon the value of the one-
ninth portion of ilTues and profits of the lot ore of
the Weirdale Lead Mine, in Cumberland, and the
validity of an agreement between the prefent Bilbop
and Sir Thomas Blacket. The Bilhop, in right of
his fee, being entitled to one ninth portion of the lot
hre of the mine in queflion, agreed to let the fame to
Sir Thomas Blacket (under whom the Defendant de-
rived), in purfuance of the proparls made by his
agent, Mr. John Er.4mus Blacket; from whole re-
prefentation it appeared, that the late Bifbop Thur.
low received 8501. for his portion, and his predecef-
for, Bifhop Egerton, a compenfation of 3hol. A
converfation was mentioned, in the depofitions of
Mr. Wm. Ems, which stated, that Mr. Blacket told
the BM rp be was defired to offer 9pol. for his own
ninth (hare ; and when the Bifbop Aced was it not
worth at lea 11 9501. Mr. Blacket declared, upon his
word of honour, that the annual value was not worth
more than 9001. ; however, he ultimately agreed for
9251. His Lordfhip obferved, that if this depofition
flood unanfwered, it muff alter the cafe entirely, and
he &mild have made the decree againa the Defen
dant, in it;• Weft extent. That depofition, however,
was anfwered Ly Mr. J. E. Blacket, in a way that
his Lordfitip was afraid it would be going too far in
this molt important cafe, were he now to make filch
a decree. Mr. Blacket laid, 1:1 working the mine,
the value might have been more one year and lefs
another : and when he held that converfation with
the Bifhop, he did not mean it with reference to the
working of the mine, or with exprefs reference to the
adlual irate of the mine at that time. The reafon the
Bifhop came into a Court of Equity way, becaufe he
could have an account taken, which a Court of Law
could not give him. Under all the circumtlance
his Lordthip thought the bell mode of attaining jut-
lice between the parties was to dire° an iffue to try
whether it had been reprefented to the Bill:1(913,in the
prefence of Mr. Ems, by Mr. J. E. Blacker, as an
16dt:cement to enter into the agreement in qua Rion,
that 9251. per innum was the full and aftual value'
of the one ninth (hare of the lot ore ; whether the laid
agreement was entered into upon the faith of that
reprefentarion : and whether fuch fum was more or
lefs than the full and aelual value of fuch Ihare and
proportion ? And in order that the Jury might fee
what the cafe really was, his Lord(hip further ditec-
ted, that the Mailer thould compute from the fche-
Jule what was the aflual value of the ore, previous
to making this agreement ; and alfo to call up the
value from the date of the agreement to the time ne
filing the Bill. He further direfted that the itrue
thould be tried in the Court of King's Bench, herire
a Special Jury of the City of London. It might be
laid, that fome of there lwitneflis being greatly ad-
vanced in years, upwards of eighty years old, there
was therefore great hazard of their dying; but then
their depofitions could be read as evidence ; and the
principal rearm he had for granting this ilfue was,not
that the Court had not a right to decide, but in order
that ample joftice might be done between the parties,
by their being brought together, face to face, and ex-
amined viva wee.