[List-Cumbria] Carlisle Patriot, 07 Sep 1816 - Cumberland Assizes (31)

[Petra Mitchinson]

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

 

Cumberland Assizes. 

========== 

[continued] 

 

STEWARD'S FEES IN THE ABBEY HOLM. 

SPECIAL JURY. 

 

Peter HODGSON v. BARWISE and Another.—The Plaintiff in this case is Mr. Peter HODGSON, attorney, of Whitehaven, and the defendants
are Copy-hold Tenants in the Manor of Holm Cultram, and the question at issue, What is a fair remuneration for a Steward admitting
Tenants in the Abbey Holm, or Manor of Holm Cultram? The plaintiff Mr. HODGSON, is the steward.—This cause has twice come before a
Jury at our Assizes, and in both instances decided against the claims of the Steward. In order that the reader may clearly
understand the drift of some parts of the evidence, it will be necessary to enter into a few explanations. When the defendant
desired Mr. HODGSON to get stamps for him, instead of procuring them from the regular stamp distributor at Whitehaven, he sent the
engrossment on parchment to his agent in London, who got them stamped at the stamp office; and Mr. HODGSON charged 5s. for writing
the letter, 6s. 8d. for trouble of procuring the stamps, and also 14s. for the carriage of the parcel to and from London, besides
his demand of a guinea for the fees. In the former trials Mr. HODGSON was defendant, and a new trial was granted owing to casual
circumstances. 

 

Mr. RAINE, for the plaintiff, addressed the jury at considerable length. If the defendants succeeded in their object (for there were
a host of them behind the scene, observed the Learned Gentleman) the plaintiff would be out of pocket by his Stewardship.—The manor
of Holm Cultram is copy-hold, and the tenants Copyholders. On urgent occasions, the Tenants can surrender into the hands of the Lord
through the medium of four ancient tenants and a grieve, as was the case in this instance. The surrender so taken is brought into
Court, and the Steward is bound to see that it accords with the Court rolls.—If the steward is obliged to keep the court rolls,
observed Mr. RAINE, still it is for the benefit of the tenants as well as the lord, because the validity of their title depends on
the care and accuracy of the steward. Mr. RAINE paid many compliments to the abilities and attainments of Mr. HODGSON, and explained
very copiously how much it was to the advantage of the district to have such a man in the office; and he contended, that if he came
into the situation of Steward with all these qualifications he ought to have a remuneration equal to the important services he
rendered. The whole expense of a surrender and admittance only amounted to £1 : 10 : 8, and it was very hard that the tenants should
wish to screw the plaintiff down to a sum which it was beneath him to accept. With the exception of a very few, the copyhold tenants
were in league against him, and contributed to defend the present action.—Mr. RAINE proceeded to call evidence:— 

 

John BARNES sworn.—Is clerk to Mr. HODGSON, who is steward in the manor of Holm Cultram. Witness attended a court with Mr. HODGSON,
holden in 1814, and saw Joseph BARWISE and Joseph HOLLIDAY, the defendants, there. They brought three surrenders from John WISE. On
reading them, Mr. HODGSON administered the oaths to the grieve and four tenants, and there was a proclamation made by the bailiff,
which consists of a necessary form of words. Mr. HODGSON then made a declaration in the book; it is necessary according to act of
Parliament, that a declaration should be made. Mr. HODGSON asked them if they had brought the stamps; they said they had not, and
they desired Mr. HODGSON to get them. The surrender was admitted into the court roll; and Mr. HODGSON enquired if they had brought
the declaration; they replied they had not, and Mr. H. prepared the drafts.—Mr. HODGSON has been steward of the manor in question
ever since the witness has been with him. It occupies nearly two hours to do the work upon the surrender and admission of each
tenant; this was about the time the witness was generally employed in it. The defendants paid Mr. HODGSON £8 when the court was
held, and they said they would settle the fees afterwards. The amount of the stamps on each surrender and admission is £1, 10s.; the
lord's fee £3, 4s.; the £8 was paid for the fines and stamps. When the stamps are procured at Whitehaven 1s. is paid for the
parchment, but the stamps necessary for surrenders cannot always be had at Whitehaven; witness has tried himself and could not get
them. He applied for the stamps wanted in the present instance, and the answer was that they had not any, and that they could not
get them from London. Witness can give no reason why the stamp distributor could not supply them; he said that Mr. HODGSON must
write to London for them. Mr. HODGSON did write, and witness saw the letter; the stamps afterwards arrived from Mr. H.'s agent; Mr.
H. sent the ingrossments to his agent in London to get them stamped, and the carriage to and fro amounted to about 15 or 16s.; the
agent charged 3s. 4d. for his trouble in sending them to the stamp office to get them stamped, to which Mr. HODGSON adds 3s. 4d.
more. It is a rule for the agent in London, on transacting business, to take half of the whole charge. 

 

Cross-Examined.—Mr. HODGSON did not examine witness in the former trial. Was present in the court in question, and Mr. HODGSON said
to BARWISE, the fees might remain unsettled till the late action was determined. The distributor of stamps at Whitehaven was not in
court at the present trial, nor did witness apply to him to come. Mr. HODGSON has had stamps for admittances from the distributor,
and it is not two years since he ceased so to get them. The steward's court is holden four times a-year, at fixed periods; the
practice is for the surrender to be made at one court, the fees paid, and at the next court the admittance to be made; this is
generally the case, but it is sometimes done before, and sometimes after. All the fees are paid at the time of the surrender, as
well as the stamps which are to be procured. It takes witness two hours to draw the admittances and copy them into the rolls. Has
seen a great many of the old admittances, and knows no reason why new ones should be on larger parchment than the old. Witness was
present at the court when the defendants came to pay the fees. Mr. HODGSON held 6s. in hand, on the last payment, above the value of
the stamps, and the defendants tendered 12s. more. Before the money was tendered Mr. Hodgson and defendants had some conversation,
but witness does not remember that on Mr. HODGSON's saying the 12s. would not do, that he threw the admittances at the heads of the
defendants, but does remember that Mr. HODGSON was not in a very good humour with the defendants. Some tenants have been admitted
since the last cause was tried; witness has not been an attendant on the court regularly. 

 

Resumed.—There is a single stamp on the death of a tenant when another is admitted. Those single stamps cannot be had of the stamp
distributor at Whitehaven. When Mr. HODGSON gets a stamp of the distributor it is upon a large skin, and in using this skin for an
admittance they are obliged to sacrifice a great part of the parchment. A piece of parchment about the size of the new admittances
costs 9d. 

 

Questioned by the Judge.—The bailiff is paid 1s. by Mr. HODGSON, for making the proclamation. 

 

 

[to be continued] 

 

 

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