Star.
London, England, 1818-08-18 00:00:00

AUGUST 12. CIVIL SIDE.

As the same Counsel were engaged in the causes
that remained to be tried, the business could not be
further conducted in separate Courts. Mr. Baron
WOOD did not therefore attend here this day. He has
proceeded to open the commission at Appleby. At
eight in the morning Mr. Justice BAYLEY came into
Court, and sat till half-past four, to hear one Spe.
cial Jury cause.

HOWARD R. MASON,.

The plaintiff is proprietor of the Corby estate. on
the cast bank of the Eden. The defendant is one of
the tenants of the manor of Weatherly, on the oppo-
site bank of the same river. The Dean and Chapter
of the Holy and Undivided Trinity in Carlisle are
the lord of the manor of Weatherly. The present
was an action of trespass, for fishing on the Wea-
therly side of the Eden. The trespass was admitted
by the defendant, and the real issue was, whether
the customary tenants of the manor of Weatherly
had a right of angling on their own side to midwater ?
The plaintiff eut in several leases to him of the fishing
in question from the Dean and Chapter of Carlisle,
and witnesses were called to prove that Mr. Howard
had exercised the exclusive right of fishing by grant-
ing licenses, and by discharging all who fished without
his license. The defendant then brought up a host
of witnesses, to shew that the reputation and the fact
gave to the tenants of the manor the right of fishing
on this river, so far as the manor extended along its
bank. A question arose whether the reputation could
be taken from the declarations of customary tenants,
who died before the dispute commenced.

Mr. Justice BArLEv was decidedly for the nega-
tive, as those tenants had an interest in the question ;
but at Mr. TINDALL% desire, he made a note of it.
But after many of the defendant's witnesses were ex-
amined, it was found that they all spoke to a right
of fishing for their own use, without the right of sel-
ling the fish, While the right claimed nn the record
was an unconditional right. A verdict was in conse-
quence given by his Lordship's direction for plaintiff.
Mr. Justice gAYLLY—It is the first time of my life
that I have heard of a man claiming a right which
he could use only for himself, or of a man not having
the power of doing what he would with his own.
Mr. SCARLETT—Yes,. my Lord, and I should think
it is the first time you ever heard of a tenant claiming
a right in common with the Lord of the Manor.
Very considerable amusement was afforded in course
of the day by some of the witnesses.
Jonah Bird, a very large and corpulent man, was
examined for the plaintiff.
Dlr. RAISE, in cross-examination, asked him if he !crew James
Ridley?—No. I never heard of him.
George Ridley?—No.
Perhaps I still mistake his Christian name, some Ridley /
You will never riddle from me any thing but the truth. (4 kru;it.)
RLISE—That is vastly clever. But I ant not angry, for
I see you are a well-fed bird !
Thomas Graham was the principal witness for the
defendant, a most lively and pert old man of 76.

Mr. NAIVE—Now speak up in your answers that
my Lord and the Jnry may hear you.
The Graham—Aye, but speak ye oop, that I may hear you.
M:. SCARLET/ cross-examined him, and finding him rather
slippery, he angrily said—Don't fence with me so, Sir.
The Graham—Why don't you speak oop than, that I can
hear ye?
Mr. SCARLETT entered then into an examination
as to a conviction of this man two years before for
fishing without license from Mr. Howard.
The Graham—Oo, I know, %I:Ts a d—d scoondrall swore
what he never saw, that I fished with a lister.

Mr. Scantm—When was that?
The Graham—Why it was at the time of that conviction that
ye re hammering about.

The laughter was here so great that Mr. ScAnrstrr
was obliged to call for the interference of his Lordship.
The Graham, however, could not be tamed, but
displayed the same spirit to the end of his story.
Rayson saw the tenants fish when Bishop Law and
Archdeacon Paley were walking along the bank of
the river.
Moor saw the tenants fish all his life. He was,
eighty-seven. He remembered to have seen the re-
bels going to execution.

- HEREFORD ASSIZES.
CONTRACTS WITH SERVANTS.
PHILLIPS V. LORD SONIERS.

Mr. CAMPBELL opened the declaration in this case,
which stated that the defendant was indebted to the
plaintiff for wages and salary, which he had promis-
ed to pay. The defendant oleaded that he had made
no..su:h promise, and that he was indebted in the
sum of £45, which sum he had tendered. This was
'denied by the plaintiff, and issue was joined.
Mr. DAUNCZY stated the facts. The plaintiff was
engaged on the 4th of October, 1806, as gamekeeper
in the service of Lord Somers, at a yearly salary of
£5O, which was afterwards raised to £6O, together
with two suits of livery during the year. He conti-
nued this service till 1814, when, at the latter end
of February, he received notice, through the medium
of a Clergyman of the name of Higgins, who acted
En. Lord Somers, that lie was to quit his service at
the end of a month. Ile (Mr. Dauncey) had•to sub-
mit, that as there was no agreement to quit upon a
month's notice, the plaintiff must be considered as a
yearly servant, and dischargeable only at the expira-
tion of a year, unless guilty of some immoral con-
duct. Jr. this feeling the plaintiff had very properly
paid no attention to the notice which he had receiv-
ed, but remained as before in the service of Lord
Somers until the 4th of October, which was the end
of the year, when he carried in his account, amount-
ing to £73. 12s. including a year's salary, the value
of two suits of livery which had not been furnished
to him, and a small charge for reFairing a gun.—
This account the defendant refused to liquidate ; but,
as he said by his plea, tendered £45, which was the
account of the plaintiff, minus half a year's salary.-1

In consequence of this refusal the present action was
brought.—To prove the case the following witnesses
were called :

The Rev. James Higgins deposed that he knew
the plaintiff to have been a gamekeeper in the service
of Lord Somers. He was engaged at the beginning
of October, 1806. Witness did not know of his own
knowledge the terms of the engagement. At the
latter end of February, 1814, he received the follow-
ing letter from Lord Somers, which he communicat-
ed to the plaintiff:—
" Dear Sir—Thit condiict of my game-keeper, Phillips, or
Lis family, with which he is living, and forming a part thereof,
in first undertaking to comply with my reasonable exchange,
and then failing to do to, renders it impossible to continue him
in my service--you will, therefore, give him notice to quit my
service in one month. As Ido tot wish to use any unnecessary
sharpness towards hitt, he may continue to act as usual, pro-
vided he conducts himself properly ; but I empower yofi' to part
with him sooner if you see cause.'
The exchange mentioned alluded to some waste land.
In cross-examination witness declared the plaintiff
said, he thought it very hard to be treated thus, but
he did not say he would not accept the notice. Wit-
ness never saw him act in Lcrd Somers service after-
wards. He saw Mr. Price, Lord Somers' agent,
tender r. 45 to the plaintiff, which he refused.
John Wall was then called to prove that the plain-
tiff had continued to act as gamekeeper in Lord So-
mers' service after the notice in question ; but in this
he failed.

Mr. JEnvts having addressed the Court for the
defendant,

Mr. Justice HOLIWYD held, that, evea although
there was no proof of an agreement for a month's
notice on the part of the defendant, yet, as the plain-
tiff had not protested against the notice when it was
read to him, and as there was no proof of his having
continued in the service of Lord Somers after the
lexpiration of the warning which he had received, he
was not entitled.to recover.
Verdict for the Defendant.

This case suggests the expediency of making ex-
press and intelligible contracts in hiring domestic or
j other servants.

At the last Quarter Sessions for the county of Sus-
sex, some demur was made on the presentation of the
Coroner's quarterly account, in which he had corn-
pu:eJ his distance from as well as to the places at
which Ile had held inquisitions, and charged for the
whole nrmbcr of miles out and in. The bill was,
however, allowed, under the authority of an opinion
which the present Attorney-General had given of the
case. Serjeant Frere has given a similar opinion ;
and the allowance has been made in Middlesex, Sur-
rey, Sussex, and various other counties.
A respite, till further orders, has been received for
Charles Tihuniits and George Ashcroft, two of the
malefactors under sentence of death in Shrewsbury
jail, for horse-stealing.—John: Richards, for sheep •
stealing, was expected to suffer.
Saturday morning, about half past eleven o'clock,
William Knielson was executed at the .N.:w Drop,
behind York -Castle, for administering a quantity of
arsenic to his brother-in-law, John DocLworth, of
Arkendale, near Boroughbridge, with an intent to
murder him.

Yesterday morning, about four o'clock, as Mr.
Wilcox, a butcher, of Putney, was coming to town to
attend Smithfield Market, he was met on the Wand--
worth road by three ruffians, who stepped Idm, and
with horrid imprecations demanded his money. Ilis
compliance not being so expeditious as their wish,
they beat him with bludgeons until he fell senseless.
In that situation he was found, about an hoar after-
wards, by Mr. Everett, a fishmonger, of Wandsworth,
who knew him, and conveyed him in a chaise cart to
his residence—His pocket-book was found near him.
Saturday night some villains attempted to rob a
little boy of a bundle, in High-street, Marylabonne ;
but the little fellow kept hold of it, called " Watch,"
and. one of the thieves was taken.

Sunday night some villains entered the house of
Mrs. Jones, in Love•lane, Mile-end, and stole watches
and articles of plate to a considerable amount.
HATTON GARDEN.—M. Burke and his daughter,
aged 12, were yesterday examined on a charge of
uttering counterfeit money at Somerstown. When
taken, the father had two bad half-crowns in his poc-
ket, besides one the girl had passed. The father was
committed, and the girl discharged.
QUEEN-SQUATlE.—Yesterday W. Emery, a lodger at
the Feathers, in Duke-street, Westminster, was char-
ged with stealing some fin, the property of his land-
lord. The key cf the cellar had been mLsed. and
the prisoner was observed by the landlord secreting
something under his coat, as he went out early to
work. The latter insisting on seeing what it was, the
prisoner pulled out a bladder full of gin, which he
spilt.—ltemanded.
G. Gray was fined in the penalty 0f...tw0 guineas,
for selling six loaves deficient in weight 14 ounces.
WORSHIP-STREET.—II. Nash was brought up yes-
terday, on the Coroner's warrant, for man( ghter,
in killing and slaying his wife, as mentionea iu our
Paper of Saturday. He was informed by the MaAis-
trate, that as he had exhibited no wicked or malicious
intent, undeniable bail would be accepted. Not being
provided with that, he was committed.
Utilov HALL.—Yesterday 11. Brown and Mary
Dalton were fully committed for 'meting a forged
note to a shopkeeper at Newington.
J. Gouge was held to bail for jumping from the
gallery of the Surrey Theatre into the orchestra, by
which means he broke the double drum and other
musical instruments. The audience were of course
much alarmed, and it was a wonder that Ile or some
of the musicians were not killed.

It. Lewis was charged with wounding Sarah Tho-
mas, with whom he cohabited. In a fit of jealousy,
he cut the back of her head open with a pewter pot.
so that her skull was visible. He was remanded
until her situation is ascertained.

LAMBETH-STREET.—Yesterday a number of boys
were brought up, v..ho were found lying in a cow-
house. Most of them were notorious characters, and
others had run away from their friends. Some were
passed to their parishes, and others delivered over to
their friends.

CHILD DnorriNo.—A few evenings back a fine
male child, which had the appearance of being but a
few hours boin, was left in a bundle in the p..ssage
of the Sol's Arms public house, in the Hampstead
road. When found it was almost in a dying state,
hut by the kindness and humanity of the parish, to
whom it was sent, the- poor infant is now in a fair
way of doing well.