Star.
London, England, 1809-11-08 00:00:00

SPECIAL CONTRACT.

Mr. SCARLET moved for a new trial in a cause tried
at York. The plaintiff had let a corn-mill and dwel-
ling to the defendant at £lOO a-year, under a special
and written agreement, that he was to enter at Old
Michaelmas Day, 1808. The parties mutually agreed,
and the key was given to the defendant. On the I lth
of October, he accordingly proceeded to take posses-
Eion, but he found the mill, as he said, quite untenant-
able, the mill dam rushing through it in every direc-
tion ; upon this he returned ti.e key, and refused to
become tenant ; the plaintiff kept the mill in his own
possession, untenanted, till Christmas quarter, when
he sued defendant for three months rent, and the Jury
gave him a verdict. To set aside this verdict was the
nature and object of the present motion. The Court
desired the written agreement to be read, and it was
read ; but as it did not describe any kind of proviso
on the part of the plaintiff to put the premises in re-
pair, his Lordship held that defendant was bound by
his contract, and that he was liable to the rent.—
Rule refused.

DOE (ON DEMISE OF GRAHAM) r'. SCOTT.
Mr. Serjeant WILLIAMS applied for a rule to shew
cause why a non-suit should not be entered in this
case. The defendant, the Rev. Mr. James Scott, had
been inducted into the living of Brampton Brian, in
Herefordshire, in February and March 1801, on a
presentation by the Earl of Oxford ; and in the year
1805, he was collared by the Bishop tothe augmented
curacy of Titley, in the same county. The action
was brought on the ground, that, by the defendant's
acceptance of the curacy of Titley, augmented as it
had been by Queen Anne's bounty, the living of
Brampton Brian, which he had formerly held, had
become voidable, and being so, that Mr. Graham had
been presented to it on the joint and separate presen-
tations of the Earl of Oxford, and of T. Wood, Ri-
chard Wood, and H. Smith, the younger. To prove
his case, two things were necessary on the part of the
plaintiff-Ist, To shew that the Curacy of Titley had
been augmented by Queen Anne's bounty ; and 2d,
that the Earl of Oxford, and the otherpersons who had
granted the presentation toMr.Graham, were seized ef
the legal estate at the time of granting the presenta-
tion. On the first point, after other grounds of ob-
jection had been removed, the Learned Serjeant, as
Counsel for the defendant, argued, that the evidence
of this being a Curacy augmented under Queen
Anne's bounty was not sufficient, inasmuch as it was
provided at common law that the property should be
vested in land, and by the Act of Ist George Ist,
section 20, that the Deed containing such landed es-
tates should be inrolled in the High Court of Chancery
within six months after the purchase. In support of
this argument, the Learned Serjeant adduced a deci-
sion by Lord Camden.
_ _

Lor-d ELLENBOROUGH asked, was not the augmen-
tation effectual from the date of the order ?

Mr. Serjeant WILLIAMS again referred to the Act
of Parliament. The second point was, were the
persons who had granted the Presentation vested in
the legal estate ? }le referred to two terms of 1000
years, which had been granted in 1709 and 1727,
which, he submitted, must, under a deed in the year
1757, be presumed to have been surrendered ; and
in the year 1802, the present Earl of Oxford had
granted a trust-deed in favour of Mr. Win. Scott.
Lord ELLENBQROUGH obseivied, the Earl might
have an interest is; keeping the phi term aeog.

Mr. Serjeant WattAus said, this was a new ease.
He had never seen an ejectment of the kind. Tile
Learned Judge (Baron Toomesos) who had tried
the case, had afterwards spoken to him concerning it,
and had recommended to him to move the Court on
both points.

Lord ELLENBOROUGYI said, the Coort did not hesi.
tate on either point, but in deference to the doubt
said to be entertained by the Learned Judge w!,,,
tried the case, they should communicate with him rr
the subject, and if he did seriously entertain the
doubt mentioned by the Learned Couusel, he
have his Rule.