Star.
London, England, 1827-08-03 00:00:00

occupy his Lordship half as hour, *out not vary
speedily heard.
Atter ,ome conversation upon the subject,
The LOAD CHANCELLOR or'ered the petition to be
put in his paper, and directed Mr. Brace to witch the
p►ogte.s of the petitions which stood before-Iris. His
tordahip said that if, upon this observation, it appeared
likely to Mr. Bruce that his petition wr,ald not comps;
in the regular course before the Court- broke up, the was
to make a special application to him on the subject,ao.l
he would hear it.
VICI.CHANCRLLOR•S COURT, Augusta.
'AJMER V. MAY.
Counsel were again h;ard on the question of eons in
this cause.

Mr. SUADWILL (with whom was Mr. DUCKWORTH)
appeared for the plaintiff.
Mr. HIALD repliet, and contended, that both on the ,
merits of the case, as well as on account of the staff
with which they had loaded the record, the plaintiff
ought to be made to pay the costs. Hew ould give his
Honour a sample of the depositions which tt.ey bad
made his clients take copies of; and which they now
wished his clients to pay for. Oise of these depositions
was, that a woman called Ann Johnson, who was "liter.,
wards married to Henry Barker, and who was called
(he was sure he could not conceive why) " Nanny
Nunk,," went to thedepooent and said to her, eff 111 tell
you what I did to know if I could have Mr. Barker.
On St. Mark's night Icon round a haystack nine times,
with a ring in my hand, calling 05t,.0 Hei•e's the sheath,
but where is the knife?' and when I was running round
the ninth time I thought I saw Mr. Barker coming
home; but he did not come home that night, but Wks
brought from the Blue Bell, at Bzverley, the next day.".
Could his Honour think of making his clients piy for
such trash as this, which could have no earthly :vie.
sancy to the cause?
The VICIPCUANCRLLOR had great doubts how he
should act in this caw.• It puzzled him considerably
on what principle he ought to decide.' In the case 6f
an heir.at.law filing a bill against a party possessing
property to which he was ostensibly entitled,' he ('he
Vice-Chancellor) thought. that op to the tithe at which
the defendant gave a toll discovery f the Relaters re-
ferredto in the bill, the plaintiff ought not to be saddled
with any costs. If it were contended is the present case
that the answer of the defendants was nor satisfactory, it
must also be recollected that the evidence set forth by the
plaintiffs in support of their claim was liable to thetante
imputation. And although it seemed but fair that a
plaintiff should have all the discovery he required, with.
out payment of any costs; yet,-if a plaintiff went into
evidence to establish his ease, and that evidence wits
irrelevant as Mr. Heald contended that a part of this
evidence was, there could bets° doubt that the expenses of
such evidence ought to rest upon the-plaintiff. He would
read the evidence, and place the' irrelevant parts of it
on either side, against each other: As to the costs of the
issues which had been directed in the cease, they most
go in the usual way; the plaintiff must pay them.--
Upon the general costs of the suit, he must take time to
consider, and his deetsion upon them woulJ depend
upon the result of his examination of the record. and
upon the principle which he had before mentioned.—
Had the plaintiff in this cate been her-at-law, the mat•
ter would have assumed a very different appearance;
bet here they had a collateral branch of a family seek-
ing to set &sideplate/eels legal title, and failing hail*
attempt.
ADMIRALTY COURT, Avow s. •
This was the first default day atter Thrifty Term.
THR WILDMAN
This was an action in the Instance Cool t, by a marl..
ner for wages due for service on board a South Sea
whaler. The balance due was 741. and the Court grain-
ed a decree and monition. against the ship.—Dr. Dm/.
sawn sat as locum team for the Judge.
ASSIZE INISCEIGENCE.

CAMBRIDGE, Acerrn 1.
THEDUR 801 PORTLAND AGA I HST GEONGE H A W1L1118,184,
RIGHT 01 THE PUBLIC TO Go UPON 118 A MARIERT
HEATH DURING THE RACES.
Mr. Anonaws opened the pleadings. Tr,is was an
action of trespass brought by the noble plaintiff against
Mr. Hawkins for having. on the 18th t,f April, 1827.
with force and aims, Stc. entered a close of the plaintiff.
being a part of Newmarket heath, and them, w ith his
feet, in walking trampled down the grass, Joe. Wyse de-
fendant pleaded, first, a right of way over the la, d in
question all the year round ; next, that he had a right
of way during the laces, which right the defendant
alleged in his plea to be common to all his Maksty's
liege subjects. and that he was on the heath viewing the
races at the time when the alleged trespass was com-
mitted. The teal question in issue being the right of
the public to go upon the heath during the-races, it is
unnecessary to take any more technical notice of the
pleadings, which were of the usual prolixity.
Mr. Sergeant STORKS stated the cute for the plaintiff.
The land upon which the trespass is said to have been
committedis -what is called the Flat no Newmarket
Heath, where the Craven Stakes are generally run. The
defendant, Mr. Hawkins, having had a dispute with a
Mr. Ellis upon the subject of a bet. the dispute was subs
witted to the decision of the Jockey Club, and the de-
cision having been displeasing to Mr. Hawkins, be re-
fused to submit to it. The result of this refusal was,
that a notice had been served wpoo Mr. Hawkias,
cautioning him not to come upodthe do., in question.
,Tho notice was served upon Tuesday. the 17th day of
April, and the trespass was committed on the fol-
lowing day, the races having commenced on tbe pre-
ceding Monday. The defendant had alleged a com-
mon law right to be upon the heath during the
races ; but it would be impossible to establish any
such plea by evidence of immemorial usage, as -there
were no races at Newmaiket before the reign-of
James I. and races sere not legal between the reign of
Charles 11. and the 13th of George 11. The Jockey
Club was in exittence no longer than from the year
1753. Having stated the Duke of Portland'', tenanicy
ander the J ckey Club, and some other particulars, MN
Sergeant Storks concluded by calling eviclence to prove
that the property of the heath was in the Jockey Club,
and that the Duke of Portland was in actual, unfetter-
ed, and exclusive possession under the Club.
Service of notice upon Mr. Hawkins was then proved.
John Prince, steward to the Duke of Portland, knows
the ground ip question. It has been occupied by the
Duke of Portland for the last three years.
Cross-examined—The Duke of Portland occupies the
heath as a sheep walk. Recollects the Beath at New-
tnarket for 16 years; has seen thousands of people there
sometimes; they consisted of all sorts of people. During
the races, all persons on the course went over all parts
of it without any traction.
Re-m=l as known persons
notice in writing to keep of the

i
•4s
I

saw to have raceived a
courts, aag rpch per.
- "' 1