The Statesman.
London, England, 1818-08-18 00:00:00

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BreArrESMAN.

into Cou'lf, and 'sat. Wl' half-past four, to hear one
'Special Jury MM..

• HOWARD V. MASON.
The Plaintiff is Proprietor of the Corby estate, nti
the east bank of the Eden. The Defendant is one
of the tenants of the manor of Vireatbeily, DO the
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opposite bank of the same river.
The Dean and Chapter 01 the Holy and UndiSidell
Trinity in Carlisle are the Lord of the Manor of
Weatherly. The present wit iiethrti of trespass,.
for fishing en the Weatherly aide If the Erlerr.
The trespass was admitied-hy the. Defendant, and,
the real issue' was, whether the customary tenants of
the manor of %Veatherly had a right of angling on
their own side to midwater.? The Plaintiff put 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 exercNed
the exclusive right fishing by granting licences,
and by discharging all who fished without Isis licence.
The Defendant then brought up a host of witnesses
to show 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 he.
taken -from the declarations of customary tenants,
who stied before thedispute commenced.
Mr. Justice BAYLEY was decidedly for the nega-
tive, as those tenants kid, fin interest in the ques.
lion ; but, at Mr. Tindall's desire, he made a note
of it. But after many of the Defendant's witnesses
were examined, it was found that they all spoke to a
right of fishing for their own use, without the right
of selling the fish, while the right claimed on the re-
cord was an unconditional right. A verdict was in
consequence given by his Lordship's direction for ibe
Plaintiff.

Messrs. SCARLETT, RICHARDSON, LAMA, and VER-
NON, were Counsel for the Plai‘,tiff Messrs. TOP-
PING, MAINE, and TINDALL, for the Defendant.
Mr. Justice BAYLEII.---ll it the first time of my
life that 1 have heard of a matt 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. ScAstr.m.—Yes, my Lord, end 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 the
course of the day by some of ihe witnesses.

• ifeIiSTMOR L AND

APPLEBY, Atm. 19.
Mi. Baron WOOD having dined at Lowther Castle
on Wednetday,opeued the Commission in the evening.
This morning he attended Divine Service in the
Church, ind heard a discourse from Phil. vi. 10.—
,± I,et your conrertiatiou be such as become the Gos-
pel of Chr.lst ;" and giving a regular pedigree of the
virtues (rein their parent, faith, and of the vices from
their parent, unbelief. The preacher, the Sermon,
the Church, the congregation, were characterised by
a most harmonious style of rusticity. His Lordship
proceeded to the Crown Court (in the absence of Mr.'
Justice Bayley) and tried a few Prisoners. The two
Members for the county are at the head of the Grand
Jury. Lord Lonadale sat the whole day on the let
of the Judge.
There are only four Prisoners in the Calendar,
one for steeling cotton otitenters at Kendal, one for
possee4ing large sums of counterfeit coin with intent
to circulAte them, one for manslaughter, and one for
riot. The two former were tried and convicted.—
There was not hing important in the circumstances dis-
closed.
The Courts are the most inconvenient nn the Cir-
cuit. The people' crowd excessively, and seem to
possess no principle of motion but brute force.
CIVIL SIDE.
• Mr. Justice B UTLEY arrived in Appleby by two
o'clock, and proceeded immediately to the Nisi Pails
Coast. There were 1 I causes entered.
SOVSFIELD 11. POTILERGILL. - _ _

Mr. RAIN E gave s very pathetic account of the in-
jury dt;ne to the Plaintiff's sheep, by having been
chased, worried, and hounded by the Defendant, onta
'common where both parties bad equal rights, and
claimed 'Ply high damages.
M r. ScAncErr.—Your Lordship sees that the very
nest cause entered, is Fothergill v. Bousfield. It is
for the very same kind of trespass, and equally enti-
tled to damages.
Mr. Justice BAYLEY.—I am aware of that.; I have
no doubt how the case will terminate; but, probe.
b;y, each of the parties require to bate some blood
drawn in order to cool the fever.
Both cases were referred.
THOMAS RINKS, Esti V. R. M. HUTCHINSON, ATTORNEY

AT LAW.
This case excited considerable interest by its own
merits. It possessed, besides, the peculiarity of
having travelled with the Court from Durham. At
Durham, a title was granted by Mr. Justice BAYLaY,
:for trying it at Newcastle, there the Counsellor the
Defendant refused to have it tiled, as tie relcurd-had
nut been entered in lime. here it occupied the Court
from three o'clock till seven.

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torney. As to the beyond pi 1ic1‘71.7771:77:5r,,,,:a
of Newcastle, attorney for the Plaintiff, was glee%
rigidly cro'se4elamined, and cautioned, while
vs'
honour and respecia!ility were freely ockoootledea4
to beware of behtg misted b, a bins for his chi'
He stated, that a conversation did take place bet,,,,,,Z
him and the Defendant, as to en arrangement of ells
matters in dispute, and setting off the papprtos
against the rents, but that lbw setting off was-dre,
tinctly upon condition that the Defendant sheold.
give time for paying the note; that the Defendant dirt
not give time; and that in fact the witness retorted
the bills to him i few 'clays afterwards. The napertoo
had never been taard..
Mr. Scattz.zi-r, •ifter contending with his Lard.
ship in vain as•to those points, again addressed the
,Jury, and repeated his former observations a, to
the conduct of. the Plaintiff. He had harassed the
Defendant through all the Courts of Westminster.
hall, in Durtratn, Newcastle, and in Appleby,
If the Jury should now give their verdict for the
Plsintiff, which, he contended, would be a disuses •
to the administration of justice, the Defendant wow
have to run the seine chase over again to recover NI
eapences in the Court of Exchequer, which emeeotat
to more than the sum now demanded.
Two isittiesies, clerks of Mr. liscrisen, 1004.
law to the Defendant, were called to prove an agree.
meek to set off the rents against the costs. They all
' proved that the subject was talked of, and that rid
relived by a bit of paper,, written a few weakeitL
fore the test Durham Assizes, in which one of die
clerks (Shepherd) writes to the Defendant, that they
can prove such an agreement, and signs "Sbophed
and Wood."