[List-Cumbria] Carlisle Journal, 03 Sep 1814 - Cumberland Assizes (14)

[Petra Mitchinson]

Saturday 03 Sep 1814   (p. 4, col. 1-5)

 

CUMBERLAND ASSIZES. 

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NISI PRIUS. 

  

[continued] 

 

PEAT v. HODGSON. 

 

The defendant is steward of the Manor of Holm Cultram, and the plaintiff was admitted tenant to a tenement held under that manor, on
which event Mr. HODGSON charged plaintiff one guinea for his admittance to the tenement. In this charge was a claim by Mr. HODGSON
for writing to his agent in London to procure the particular stamp; his agent's charge for trouble; double postage both to and from
London; and five shillings for administering an oath of fealty to four ancient tenants and the grieve, upon presenting the surrender
in question. The whole was paid by Mr. PEAT, who afterwards brought an action to recover back what he conceived the overcharge; as
he said the customary fee was six shillings. This transaction took place two years ago, and was tried last assizes, when plaintiff
obtained a verdict. It was argued afterwards in the King's Bench, and sent back to be retried. 

 

Mr. SAUL, who is proprietor of two tenements in Holm Cultram, was present at a Manorial Court about two years ago, when a dispute
arose respecting the fees which plaintiff had to pay for admittance to his copyhold. Mr. HODGSON charged one guinea; but plaintiff
argued that the usual charge was only six shillings. Witness was admitted in 1805 by Mr. William BRISCO, who was at that time
steward, and an attorney, and his fees were six shillings. Witness was in the habit of attending the Courts for seven years, and
during that time the fees were always six shillings. There are about four hundred tenements in the manor. An account of Mr.
BRISCO's, where six shillings were charged, was here shewn to witness, who believed it was Mr. BRISCO's hand writing;-said there
were sometimes only one or two, and at other times nine or ten, admittances in one Court; and that such Court might be occupied two
hours in receiving rents and swearing the Jury. 

 

Robt. SIBSON, aged 73, deposed, that he was owner of several copyhold tenements in the manor, and had been in the habit of attending
the Courts for 57 years, during which period the admittance fees were invariably six shillings for each tenement: the fees are
generally paid on admittance, and the admittance deed procured at the next Court, which is held six months after. The four stewards
preceding HODGSON were all attornies; and their charge was regularly six shillings for each admittance. 

 

Wm. TINDALE, who is owner of several tenements, and Mr. HEWSON, both deposed to the same effect. 

 

J. M. HEAD, stamp distributor, proved that where a particular stamp is wanted it is procured from the stamp office without any
additional expence. 

 

Mr. YOUNGER, of Whitehaven, corroborated the evidence of the former witness. 

 

The counsel, in defence, argued that there was no law to hinder his client from altering his charges, and that the times fully
justified him in so doing. It was for the Jury to determine whether or not the advance from six shillings to one guinea was
unreasonable. Although admittance is certain, yet the fees are not always certain. He produced the written evidence of Mr.
Christopher NEWSTEAD, clerk of the arraigns, who could not personally attend; he thought 21s. a reasonable charge, and said that he
held a Court of this description. The counsel then said he could produce other most respectable witnesses to prove the charges were
reasonable. 

 

Mr. CROSFIELD, the Judge's associate, was sworn; who said that the charges, specified in Mr. NEWSTEAD's paper given in, were
moderate.-[Here the Judge said that the Lord of the Manor must hold the Court or find a steward to do it.] 

 

Mr. NICHOLSON, steward to the Earl of Egremont, said he kept Courts, but that they were not of the same kind as the one connected
with the dispute in question. Mr. HODGSON's bill was shewn to witness, and he was asked if it was a fair charge? Witness said, if he
had a right to charge as an attorney, it was a reasonable charge. 

 

Mr. P. H. YOUNGER, of Whitehaven, said he was in the habit of keeping Courts, but not in the form of the one in question. His lowest
charge was 6d. and his highest 10s. 6d.; if he made out the deed, he made a separate charge,-he made a conveyancer's charge. That of
Mr. HODGSON he conceived to be reasonable. He further said that he (witness) charged nothing for administering the oath; but in Mr.
H.'s bill there was a charge of 5s. on that account. On being asked if he took a clerk with him, he answered in the affirmative. 

 

The Judge, in his charge to the Jury, told them to consider if the charge of one guinea was a warrantable charge in Mr. HODGSON. If
not, they would give such a verdict as would compel him to refund the difference. The Lord of the Manor was obliged to hold a Court,
and the Jury ought to take into consideration what was his duty, and what was that of the tenants. His Lordship then pointed out
what the defendant had to do for the Lord of the Manor, and remarked that he could get his stamps from the distributor without any
extra expence; but he had them to engross, examine, &c. He detailed the cost of each item, and concluded by directing the Jury to
take into their serious thought, whether a guinea were not too great a charge. If they thought so, they would decide what they
conceived a reasonable demand.-After a very short consideration, the Jury returned a verdict, that six shillings was a reasonable
charge, and the defendant should return fifteen shillings. 

 

 

[to be continued] 

 

 

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