The Statesman.
London, England, 1814-09-08 00:00:00

~.

;`,`

Ate,
;'

.

: i

t!

-• • .11,

PESO
Age*

ellaststt Athi ottlEns,
brought fhr tf trespass
the grounds of the Plaintiff
..;appetired that the ltultlic road
f;hester, had to the sea4h3re,
rains having swollen a -brdrds
ted, rendered impassable tit
teged trespass, a cirrunistatice
and rendered the passage
funds necessary. 011 IN
Lordship and the. Cou•istili
was agreed to ; and nos
were given for the Plaintiff:
• `UNTEtt AND OtHERC.
, joined to try what egitt the
-share of Hutton son Cottirotrit;
The Plaintiff has Rh estate
:his common, for which he
appeared that 11rler
inclosed some thati, and Plaintiff
that common in right of his
,high also -adjoin the waste
great number of witnesses
were called, who all gave a
Sutton, and the former pro-
had cut turf and grazed their
of Hutton Soil. In the de-
'wise a number of witnesses

elucidated the mass of con-

.

!

.;`t

'-', . 4 flit StitdlTAM . .
. - .
irnills; the ad', • CUMIIHRLAND ASseags, • suoNtiN t. dial
a third that is 1 T w his as an 'actin!, I
. .
In most cases, • : mitted by passing over U
thirds. But, built OP DEVONSHILta V. LITTLE. without leave. ;it -appet
hat the rent of ' This Was an action of trespass, charging the De- which the Defendant, CI
wring Countries Pendant with taking limestone from the Duke's roy- was, owing to the late ra
had been large titles, and converting It to his own use; he havit,g a by which it was intersect(
Irhood, as the lime-kiln at a place called Lime-kiln Nook, in the the time of the allege(
customers for manor of Castle Sowerby, where he burned a very which seldom occurred,
,eat, and many large quantity of lime, and sold it not only to tenants over the Plaintiff's gro
:d. in Sowerby manor, but to others, contrary to the recommendation of his
' says. Mr. D. -cdstotaff the said manor. an amicable arrangemen
mople who can Isaac' Bel ley stated, that he had known Lime- minal damages of !s. wet
with the num- kiln Nqnk these 14 years; had been employed by SUTTON V. Toon'
er at home or Davi , Little the Defendant, for the last seven years cloy This was an issue joi
much snore by in qu ing and burning limestone, part of which
an they live in. he so o the tenants of the manor, and part was Ptaintiff had to a -share
now under inclosure. T
r number and takerOqut et it. Fourteen years ago )1e wrought for
acibson, who then had the kilns, at which claimed a right upon it.
ti at Bernier, adjoining th
common food, Josep
A increases es *time A limestone was sold both in and out of the Common had been inclose
,it must follow manot. ' ~, had obtained his share of
common food, Jo ph Jefferson, copyhold tenant under the tenements at Barrier, wIl
is the increase Plain , in Castle Sowerby Manor, had purchased grounds in dispute. A 1
:eople, and of his lime. for these twenty-five years past from one (mostly aged persons) w€
for land for Bell and his successors, at the lime-kiln in question ; clear testimony that Mr.
onvenience and he knew. William Jacks, who burned lime for his prietors of the estate, ha
own eser but be never heard that he sold any. cattle upon the common I
of laud derive
1 ---70. .Wright had lived twenty-seven years in fence, there were liken
need in a obat. Castle
•
Sowerby. The custom of the manor is, that produced.
people' vliose
the ants have a right to get lime on their estates The Junoc happily el
manufactures' il. ;. •
for glair own use, but not to make merchandise of it.. tradictory evidence.
11,. 1
--Hot Bell, now dead, lived at Lime-kiln Nook, The Jury brought in a
aces foe ir tiMe !
• , who pa ss. a year for liberty to quarry lime :he
~ ..... t.:.... .hdam. • DAWSON V. DUKE OP

y,.•
• • . • •• . . - •
. .
' •• .• . '
. _. . . . .. ~
. ~
. , .
t
, .
- . ?..... • . ..... .4.4samwas • - .41K•
. ,
I See** b. tfiartek Atte elicits.
This was an 'actin', brought fbr'd trespass coins
mitted by passing over the grounds of the Piaintiff
without leave. ;It -appeared that the '-pultlic road
De- which the Defendant, Chester, had to the sea-4113EN
roy- was, owing to the late rains having swollen It brifok ;
i •
tg a by which it was intersected, rendered impassable at .
the the time of the alleged trespass, a cirrunistaloce
..
very which seldom occurred, and rendered the passage 1
ants over the Plaintiff's grounds necessary. the she •
the recommendation of his Lordship and the Conasel,
•
an amicable arrangement was agreed to ; and wog i
ime. minal damages of Is. were given for the Plaintiff:
I by SUTTON D. TODIIIINTER AND oTHERA. • • 4
ears This was an issue joined to try what egitt the ~,
. • ..,..
hick Plaintiff had to a -share of Hutton ion Coltman,
wt's now under inclosure. The Plaintiff has • art estate .- '• :
! for at Berrier, adjoining this common, for which he , .
. ,
hich claimed a right upon it. It, appeared that 11;rrler ' .. ,
the Common had been inclosed some time, and Plaintiff ' - . . •
had obtained his share of that common in right of his - .
the tenements at Berrier, whieh also -adjoin the waste
. , :-...
•,ill
ased grounds in dispute. A great number of witnesses
one(mostly aged persons) were called, who all gave a
iott i
; clear testimony that Mr. Sutton, and the former pro-
his
prietors of the estate, had cut turf and grazed their ;.•
I
cattle upon the common of Hutton Soil. In the de- • -,•••
s in fence, there were likewise a number of witnesses •
that produced.
rates The Juno': happily elucidated the mass of con-
,f it. • tradictory evidence.
. •
)ok, The Jury brought in a verdict for the Plaintiff. '' ':' -. t :
he DAWSON V. DUKE OF NORFOLK AND OTHERS. ••
from •' t ' .- •
This was likewise au issue to try the right of the' •.. .
.... '''..
was
tenants of Martindale to a share of common upon
.',.‘ ' '
Mr.
the above-mentioned waste-grounds of Hutton Soil, ~,' .•• 4„:..,
nt's' now under inclosure. .
Bell
In this trial ag,reat mass of evidence, both parole
and written, was produced to prove the right; and
'''-'Ple the couttaal 'for both parties used their utmost abull.. '
)uke ties in behalf of their respective clielts.
it of
The Julie; in a peculiarly luminous manner, i `I
a lie
.cleared. pp the intricate suhjei.t, and 'Hinted the
had
Yury'ci to for the Plaisitill, which they accordingly
Neu , aid.. el ''
7 si to niii
e.
. . .. , .
Amongst the evidence for•the Plaintiff, a record
1
; was given in, respecting a suit which the tenants of ,
t his Martindale had with Andrew Huddleston, Esq.
Lard of the Manor of Ilutton Joliq, •in 1690; '°
miler • where lii • a decree of the Court of Exchequer. was
•i,
• I obtidned in their favour. The Deleudauts in this
that business Upended one half of their estates. There
1
I Se- lie tradition, that a person,, zealously active in this
g the Protiaited suit, walked on foot,. from Martindale to
IS did , London, in three days, in a pair of wooden dog. •
• - '
ihOd boots rs! ! •
. .
ht of Not less than 37 different suits depended upon
i had the preceding; but those who urged them agreed i.
to a compromise, and to take their . share ,of 1100
ct.— acres of the common. We understand. that the
knew I amount of acres in the common
,under inclosure is
I, had 3500. It ,
.
a his —....4
#1 tt
Notwithstanding the Court continued to sit front
n the Monday morning till Saturday evening, ts number
''''"
a eirl-,.14 very interesting 'trials were left over until peat . • - - ... 1
Ofit..lyear. 1 Amongst otbers, was one relating to the
-' ,
chorus a Sir Wastel Briscoe, Bart. and his tenants 1
- '
le.„tes!,.in Thursby, to a share of Westward Common, . '
desist which Is' ow in the'ettirle of enclosure. .This • -
trmed trial keeps the Whole common, consisting of ' . '' •
who I some thousand acres, uncultivated for another-year,
in an as all the tenants have been ordered by the Commis- ..-
il not sioners to desita from &pasturing it, as they were .
ke of about to appoint to each tenant his share; awl this
e the year the graving for cattle being eaFeedngly sauce, ' •
ne to the'hardship upon the numerous thrmers have been
severely Telt:
.
•
Nook' We must, however, in justice acknowledge, that
John both the Judge and Counsel were anxious to get
? also through the business, and lamented that the Assizes .
com- were not held twice a-year, though this_ measure
n the would' undoubtedly be attended with Considerable ex- •
pence, both to the county and the gentietnen upon
i age, the circuit. But as a great part of
.the business be-
[mire-
fore the Court related to the division of commons,
er the . which was temporary, it was to ',:e 'hoped that tf.cy
manor would be generally settled next dear. ,
! Another cause, Warwick v. C. atlins, which :as •
Bali, left over, had excited general and Ilvoly interest. ~...
ickson was respecting the letting uf, newly e416.11pd gik.itr,d, .
?d and and was tried last year, when A aerdict Am4.o ..
.""Itrur - •
father • i
toe Defendant. Warwick and another rarer. rise •
rent to tithes of the parish of Wgewickast %der stte,4l,,ttit and,
•z 7.
...t moil 41ifolf 141 CT - . '
ion 3105
cover
rtetri
toileffC:frlostislesoloutriorreithav:i464...
bit. .
mow
the decisihn -at Ouliatei teatenianielabasinetk from the '. • .
y 'itt. net -'Court .of liinteti, Witch, to ibrisit. Tenanted et 'freak- -,
, ..
.
r rent.'triM : it was entered- No. 9 in the. cause list,' bee') '-
passed aver .hy -the: Juages, with!. certain remark, ' ' •
Yoseph . wisickis is so 4 amrsoir, Ao,oegiwt.. ..*, N., - ) ..t ••1
since ; . •,_ •
itin to Il 'graCi*iikirt. It apPiiii)4 'that in "tiiili:Q4,i4asy ; • '
y, dis. i . .:: ".„,s ,-. , t,agssalizet=i :1: .... ail: I.•' '..
doritg-itie the year 181,1t,.the.death$ ~iVerp;j;,l476,
stated,' noir to diroPrtidlai'3o,Pi p...til 0#
Inili.j.lat *4;O, RP* ,I
t -
partner deseritindi 101V.',..1n .Tl3lt,,in thi irregular, way.,•
it they deaths 16,409,1`detiftivdtt4604; militia, deltas 900,
now of desertions 1367-, te laill3rdeathe 18,00, dente.
for theitions 6284; Militia; 'death 80, desertions 1368. •
1 On Tuefday,two girls were thrown from a swing
•
vesting
Bartholomew-fair, one of whom, had her -leg
!d hat
`b .illit'ckens end
the other tamatived. a cut nn head,
uke of
wbich is likely to be attended with most serious can-
at 16ni
~sequences. The father and motberof the children
m of a • stood by, and witnessed the accident, and, *state,
uestlitp
bjecte -lainented their permission for the children to perticio
d
pate in such dangerous amusement'. ''..V.Vit,.; •,. •
agreed
~,....,., •, .
The harvest is general, io thecoanty of lir
; ' ' °W.11!.,,,,., a .•
• • -
Noble- !
cy, but' and the wheats appear to have received little .ertatiV.';:. ' -
•
harm from the heavy rains, and promise a' griat 1,,
merest- i - ate,..- •.• - :
'' Very I abundance.
• • Liyttat•,-... ~
Ind all A few days ago the coach that runs from Shretrsiatt...- . -4 •
nblance; bury to Holyhead, in consequence of one of tit,_ •;,•_
' 1 horses taking fright, ran agallustat,tornpike-ge4 eatt&-' .-.:,,.,,;
',':--:: • • -
whether . Corwen, with such violence ibii ail the atutaide,pp.a.l4-4A
whold, ! sengers were thrown off. One of thern bacTisks,ecttli,:4,l4-44-:rPi-:: .o,:i
laintiff • ' fractured so dreadfully that he watt not firterf tl.•:1!•-t:'4.:',V.;
s 1 ' g V.,t . r a ,•
st take : survive more than a day or two. Several 'sew -. • • ,:., 2., .
without' gentlemen were on the coach, or in it, .at the time of ti,.
' • , the accident, but they escaped without injury, ex-
Ict•Was apt one gentleman, who was severely hurt in one of •
1 his arms by,faiting between the horns. ,
• .
. , • • - . .
. , • . ~.
. . •
•. : ..- ~ -:' • • •
. .