Worcestershire in the Nineteenth Century: A Complete Digest of Facts Occuring in the County since the Commencement of the year 1800Turberville, T. C.
History
Worcestershire in the Nineteenth Century: A Complete Digest of Facts Occuring in the County since the Commencement of the year 1800
Turberville, T. C.
Worcester (England) -- History
1807—At the Summer Assizes a special jury cause at Nisi Prius, in which
Sir John Geers Cottrell, Bart., as heir at law of Mrs. Freeman of Henley
Park, brought an action of ejectment against Joseph Harris, Esq., of
Stanford, the sole executor and residuary legatee of that lady, appears
to have excited much interest. The jury returned a verdict for
defendant, establishing Mr. Harris’s right to a considerable estate in
the parish of Rock, and other property. Attorney for defendant—Mr. Hyde,
Worcester. At the Summer Assizes the cause again came on, the plaintiff
having obtained a new trial. Some of the most celebrated counsel of the
day were engaged—Mr. Garrow being retained by the plaintiff, and Sir
Thomas Plumer for defendant. After a twenty-four hours’ battle, the jury
confirmed the verdict of the former jury by a verdict for defendant. The
finding gave general satisfaction.
1808—AUGUST—At the Worcester Summer Assizes this year was tried the cause
of HILL _v._ SMITH, an action brought to try the right of the Corporation
of Worcester to toll on wheat sold by sample, and of course a matter of
great interest to the agriculturists of the county generally. The
Corporation pleaded—“1st, that from time immemorial they had taken a pint
of wheat out of each bag, as a toll on wheat sold by sample in the
market, and afterwards brought into the city: 2nd, the same
justification, except that the taking was in the name of toll, and not as
a distress: 3rd, that the Corporation were seized in fee of the Manor of
Worcester, and that the toll was taken in respect of such manor: 4th,
that the Corporation had immemorially repaired the horse and carriage
road in the Corn Market, amongst others, and by reason thereof had
immemorially taken the toll on all grain brought over the Corn Market to
be delivered to a buyer.” The evidence fixed the custom of sale by
sample to have commenced in the year 1760. The learned judge directed
the jury to withdraw from their consideration the question of toll
traverse in respect of the manor, and toll thorough (the last issue), the
Corporation being unable to support these issues, and desired them to
consider whether the grant (by charter, enabling them to toll wheat) was
not originally for all corn sold, both where the bulk or only a part was
brought into the market. The jury, after an hour and a half’s
consideration, returned a verdict for the Corporation on the second and
third issues, and for the agriculturists on the others. Counsel for the
agriculturists—Mr. Sergeant Williams, Messrs. Jervis, Abbott, and Lord;
attorney, Mr. Hill: for the Corporation, Messrs. Dauncey, Wigley, Puller,
and Mence; attorney, Mr. Weller.
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