Star.
London, England, 1817-04-01 00:00:00

CORNWALL LENT ASSIZES.

LAUNCESTON, MARCH SP.

DOt, ON DEMISE OF HANLEY, V. bIIATTUSIII WOOD) ESQ

LOllO MAYOR OP LONDON.

This imPortalit rase came on tliis morning before
A Special lory.
The pleaditigs having been opened by Mr. ADAU,
Mr. thejeant Ben', who had a ,pecial retainer for
+his Circuit, stated the case on belt:drat the olaintiff.
He obsei ved, that though it was one of the most in:-
pitant to the parties that had ever come before a
Court, it would be one of the dallest to the auditors,
(oho crowded every corner.) and one of the clearest
rur the decision of the Judge. The plaintiff claimed
under three leases, dated in March, lBo6—two of
them grouted by a Mr. Cadyon, of this county, and
the third by Loid Mount Edgccomb, to a Mr. J. A.
Hanley, since dead, to whose rights the lessor of tlu
plaintiff succeeded, as his son. The term assigeed
in them was twenty-one years, and the property con-
sisted of certain mines, known by the names of Great
and Little Crenuis and Campdown. The lessee,. !sir.
J. A. Hanley, died in 1808, and letters et adnaioio
maim were not taken out until some time atterwards,
becouse it was supposed that the property iit the de.
ceased was nut adequate to the paym.nt of his debts.
Some time afterwards, a creditor proceeded to do so,
and in consequence the son was urged to take out
letters of administration ; bnt it had mom considerably
delayed, in consequence of the large Ain required to
pay to. the necessary vamp; for it turned out that
'the value of the propirty in the mines was so inc:al.
!Hite, that it was necessary that a large sum should be
:.'worn to, in order to include the whoi.. The sum
of .€3OOO was at length paid for a CAW, which co.
vered an amount of not less than £dtto,ooo. The
plaintiff did not mean by this step to indicate that his
interest in the mires was worth as much ; on the con-
trary, he would sell it for conaiderably.less: but lie
could not -swear to a less ainouta satisfactorily. The
plaintiff's case would be veiy short, and mould con-
sist merely of formal proof of the leases, and of the
letters of administration, which would establish the
plaintiff', right to the verdict, unless some sufficient
defence were made. Of this he (Mr. Serjeaut Best)
had not the least fear; for though several 41e:eliCtS
had been hinted, none would be effectual. It was to
be urged principally, that the leases granted to the
person to whom the lessor of the plaintiff was repre-
selitative, did not convey such an interest as could tde
recovered by an action of ejectment; but that the
party' ought to have proceeded against the Lord
Mayor foe a trespass. But this point had a'ready
been i.Zecided, that trespass and ejectment were for
this purpo.e amilogous.
The Learned Seijeant then proceeded te call wit-
nesses to prove that the defendant was in puss sawn
of the Mines of Great and Little Ceennis, and of
Campdown. Alter some difficulty, it was established
uy the brother of the defendant that he was working
the mine of Great Clentiis, but not the others.

The next piece of evidence was the lease cf Gre.it
Cremes Mine, and the other leases of Little Crennis
And Campdowo. The Counsel for the plaintiff called
Mr. Cariyon, in whnse possession they were, and who
refused to produce them ; on the authority of Conn-
sei's opinion, that, if exfrib;ted, his title and interests
might be materially injured.
This point was discussed at length by all the Conn-
ie' on both sides; and it was ultimately decided by
Mr. Justice HOLROYD, who tried the cause, that they
should be given :e evidence, as by their productiou
the witness's title (mid not be affected, inasmuch as
they were not. title-deel.
Mr. Car lyon then handed in the three leaseF, which
were read.

He Was esam;ned by Mr. Serjeant liesr as to the
operations commenced by Hanley, senior, upon II e
mines. On his cross•examiitatinn, he admitted, that
though the ciVith part of the produce %VHS reserved
to himself, he had only received about £1.5 from hi,
tenant,

Witnesses were also called to spew that Mr. Han-
ley had erected certain buildings and engines on the
premises for working the mines; but it appeared that
nothing had been done towards working Great Cren-
nia !fine until after Hanley's death, when it came
inn, the possession uf Joahua toe
Here the plaintiff's Cate concluded: and

The A TTOUNTY-GRNERAL. who nas 3150 speci.lll)
retained, submitted, that the plaintiff must he nun.
soit-d, on the zrtiund that by the leases it Jppeared
t!-.4 they did not convey such an absolute and exclu-
sive property tu the ttlime as could enable him to
maintain an action of ejectment.
Mr. Serjeant 13s-:r replied, by urging the analogy
between ejectment and trespass; but
Mr. Justice Houtoyo expressed a deciJed (Tinian
in favour of the objectiin. Though the lessee had a
right to the produce of the mine when winked, he
had no title to the soil; even fur the team of the lease
which continued in the landlord. He however agreed
to give leave to the plaintiff's Counsel to set aside
the nonsuit and tc. enter a verdict, shOuld the'Court
of King's Bench be of opinion in his favour.
Plaintiff nonauited.

MtSSTS. HEATINCOTE and BODEN, of Leicestershire,
have obtained a verdict or ten thousand pound::
against the Hundred of West Goscote, in which their
premises dr.s:royed by the Luddites were situate',
suLject to a reference.

A kw days since two ricks of hay were roaliciomy
set on fire, and total: destroyed, in a field be10i01,..;
to Mr. Brindley, of Weaten Aston, stafford.
A Bill to make better Provision tor the Rel,rcs.:ion
of Bankruptcy is now in the House; the prtainbh:
smelt. that—

" Whereas divers persons, craftily obtainit.l late their hands
great substance of other men's goods, and net mitiding to fay to
their creditors their debts, at their Olen will and pltaiure con-
sume the substance so übtaioed of others in
and tins become bankrupt, contrary to all r,ason, evil, and
good conscience, and to the Statutes of this Realm heretofore
made to the contrary; and it is expedient to make some better
prevision for the repression of sock bankrupts,"
It therefore enacts, that " On the last examination cf every
bankrupt, Commits:onus shall inquire into the cau:e of bat 4.-
ruptcy and conduct of the baskrype, and if guilty of gross
justice or fraudulent prettiest, they shall report the sante to the
' Lord Chancellor, who shall disallow his cambeale, unless good
cause shad be spews against such Report.—CommisAuners shall
furnish bankrupts with a copy, of such Report..—lli•alluwance
of certificate shall hi not abed in The London CaZltte.—When
tune died be skews air.inst such iteport, the Lord Chanoeilur
may consider tits maneda of the Injury tione by the bankrupt.—
For the sera ultimo and toil exaniinatiiin ni hankrnpt., Coln.
misioaers shall %Tido: a 44 set spa, t a day Sur the last exa-
mination: