[List-Cumbria] Carlisle Patriot, 07 Sep 1816 - Cumberland Assizes (29)

[Petra Mitchinson]

Saturday 07 Sep 1816   (p. 3, col. 4 - p. 4, col. 6)

 

Cumberland Assizes. 

========== 

MANAGEMENT OF A FARM.-SPECIAL JURY. 

 

[continued] 

 

Here ended the plaintiff's case, and Mr. RAINE, for the defendant, addressed the jury at some length, and with great animation.-A
more vexatious and trumpery action, he observed, was never brought before any court of justice. The net of this action was laid by a
clever maker of nets. The complaint declares that in 1810, and 1811 too much land had been ploughed, but Mr. SCARLETT, for the
plaintiff, had stated that the farm was in a capital state! Mr. R. insisted that Miss WALKER did not give the high price for the
estate in consequence of its fine state of cultivation, for that would have been ridiculous, but in consequence of the high value of
land at that time. In 1811, when the purchase was made, land was at the highest; in 1815, when Mr. HARRIS left the estate it was at
the lowest; but notwithstanding this depression, Miss WALKER really had an additional rent for the farm when she let it to SISSON;
what could she expect more? The only anxiety that Mr. HARRIS had in this action was that his name should stand well with the
country. Mr. RAINE was sorry that Mr. HARRIS wished to call any witnesses, for he, Mr. R. felt that he could do without them, and he
should sit down under the strongest conviction that the jury by their verdict would send the plaintiff out of court, and thereby
vindicate Mr. HARRIS from the imputations that had been thrown upon him. 

 

His Lordship said the first and second counts of the indictment relative to the obligation of the tenant to repair the buildings
must fall to the ground, in his opinion, because there was nothing of the kind in the agreement. According to this doctrine a tenant
might be liable to repair all damages however caused; if the wind had blown down the house, or one of the barns, a tenant would be
obliged to replace them. This was not equity, and it never could hold good in law. 

 

Mr. LITTLEDALE (who framed the indictment) though not retained in the cause, offered a few words in reply to his Lordship. He said
it was not usual to state exceptions; the visitations of God were always excepted in law. 

 

His Lordship replied that these exceptions were in particular instances and things specified. He thought the present case very
different; he adhered to his opinion. 

 

Mr. RAINE called the following witnesses. 

 

J. C. SATTERTHWAITE, Esq. sworn.-He let the farm in question, as a trustee, to Mr. HARRIS. There were no particular stipulations
relative to cropping, but it was understood the farm should be managed according to the custom of the country; neither were there
any particular stipulations as to repairs. The usage of the country is for the landlord to repair the principal walls, timbers, and
slates. There is timber on the farm, of considerable value; some of the trees perhaps of forty years' growth. 

 

John FISHER examined.-Lives near the estate in question, which he knows very well, and knew it during the time Mr. HARRIS was tenant
to Miss WALKER. The farm was managed very well in a general way, and he thinks the advance in the rent after Mr. H. left it to be a
great increase, especially considering the times. There was no complaint, except about two spots of hedge, pointed out either by Mr.
DICKINSON, or Mr. WILKINSON, and Mr. HARRIS offered that if the in-coming tenant, Mr. SISSON, would make the repairs, he would pay
for them, and the bargain was made accordingly. Witness knew the state of the land when Mr. HARRIS entered in 1808, and thinks it
was better when he left it than when he entered upon it. Generally, what witness saw, were alternate white and green crops, and he
thinks that good management. Mr. HARRIS had in general a large stock of cattle, and they produced a great quantity of manure; he led
also a great deal more lime than farmers in general can afford to do. In the opinion of witness, the system of alternate crops is
good for the land; Mr. HARRIS kept his farm uncommonly clean. Witness knows that Mr. HARRIS had oats in a field called Tarndales the
first year. Mr. HARRIS having kept his land so very clean, it was not necessary for him to fallow in the greatest part of it. Never
heard of farmers being obstructed from mowing till this action was brought. In witness's judgment, Mr. HARRIS did not plough too
much for his mode of managing the farm. Witness has a large proportion in tillage in his own land. 

 

Cross-Examined.-Remembers when the late Mr. HEAD occupied the estate. Mr. HARRIS came to it in the autumn, but witness cannot speak
to the proportion of the land ploughed in any of the first years; perhaps there might be from one third to one half, during the
whole occupation. Has no reason to think Mr. WILKINSON, and Mr. DICKINSON, to be incorrect in their statements. Witness has on his
own farm of 70 acres, from 25 to 27 acres of white and green crops together, and the remainder is in grass. The general practice is
to take three white crops in succession, but that is bad husbandry. 

 

John WRIGHT sworn.-Recollects Mr. HARRIS coming to Miss WALKER's farm, and observed the state of it both when he entered on, and
when he quitted it; the farm was much better at the end of the term than at the beginning. The flock of sheep were also much better
when he quitted, than when he came. When Mr. H. entered, the manure did not exceed two cart loads, and this he ordered witness to
wheel and lay it at the roots of some apple trees, at Mr. SATTERTHWAITE's request; when Mr. HARRIS left the farm there were about
200 cart loads of manure, more or less. Mr. H. also left 20 or 25 acres sown with rye grass; he was not paid for this, though
witness thinks he ought to have been. 

 

Cross-Examined.-Witness lived at some time a servant with Mr. HARRIS, but now farms on his own account about 60 acres, which he has
done during two years; has spent his whole life, 40 years, in the occupation of husbandry. 

 

 

[to be continued] 

 

 

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