Welsh Newspapers

Search 15 million Welsh newspaper articles

Hide Articles List

9 articles on this Page


......,,--dforrign EnteUigtttre.



General ftt&ullang.




Glamorganshire Summer Assizes.'.


Glamorganshire Summer Assizes. {Continued from our fourth pag e.) t MONDAY. L The learned judge entered the hall at nine o'clock. f THE EARL OF DUN RAVEN V. MALINS [s. J.] This case excited the greatest and most extensive in- I terest; and for some time previous to the arrival of hit lordship, the hall was crowded by gentlemen of great respectability. There were very few, if any, ladies present. Sir Thomas Wilde, Q.S., Mr. Chilton, Q.C., and Messrs. Vaughan Williams and Richards, appeared on behalf of the noble plaintiff; and Mr. Cockburn, Q.C., and Messrs. Malins, Grove, and Benson, for the de- fendant. THE SPECIAL JURY. Ilenry Ilollier, Esq. I Evan Morgan, Esq. Rowland Fothergill, Esq. Lewis Morgan, Esq. Rowland Fothergill, Esq. Lewis Morgan, Esq. Thomas Wayne, Esq. Thomas Williams, Merchant. John liatchelor, Merchant. W. Watkin Wayne, Esq. Matthew Moggridge, Esq. G. G. Gape, Esq. Iltil Thomas, Esq. Mr. Richard Yorath Matthew Moggridge, Esq. G. G. Gape, Esq. Iltil Thomas, Esq. I Mr. Richard Yorath • having formally opened the pleadings by 1 that this was an action brought by the Earl of Dunraven againsl William Malins, Esq., Sir Thomas Wilde commenced his address to the jury Db. serving that he had the honour, with his learned friends, to ap- pear as counsel for the plaintiff, the Earl of Dunraven. This action was brought to recover compensation for alleged breaches of covenant of a lease granted by the noble plaintiff to Mr. Malins, the defendant. This action was one of several ac- tions and suits which had taken place and were pending between the parties, instituted with the view of endeavouring to ascertain and determine the various points in dispute, and which had reference to the working of the mines which the defendant held under a lease from the plaintiff. The course of litigation had rendered it necessary that this action should be brought, in order properly to determine and at once to set at rest the questions in dispute. The action was brought under the power of a lease, to the particular terms of which he (Sir Thomas Wilde) would presently call the attention of the court and jury, by which (lease) powers were granted to the defendant to work and win coal, clay, and certain other minerals, demised to the defendant, Mr. Malins, there being in that lease a reservation of certain kinds of mineral, such as iron, iron stone, te., to the landlord the Earl of Dunraven. The difficulties experienced in this case seemed to have arisen from the circumstance that the minerals under the land in question were held by different individuals. The lease was granted by the noble plaintiff to the defendant in the year 1836. A short time after that lease was granted; which empowered the defendant to work certain minerals, a lease of those minerals whioh had been reserved was granted by the plaintiff to Sir Robert Price, who accordingly entered upon the rights of his lease, and exercised the powers thereby granted to him of working the iron, iron stone, &c. Subsequently, disputes respecting the working of these mines took place be- tween Sir Robert Price and Mr. Malins, who had the advantage of a joint-stock purse. Sir Robert Price, not having that advan- tage, it was found necessary to have the question in dispute investigated in the calmest and best manner, for the purpose of putting an end to the dispute. At present the mines demised to Mr Mains were not at WOt-k-they are completely at rest. lie refused to pay tho Wit discontinued the working of the mine-and thell it became neCessary to "know what reasons he had for withholding the payment of the rent and for discontinu- sevoit mine-the Present action being one of several which this dispute had occasioned. If, in truth. Mr. Mai us s complaints were well founded, there might have bee i 7'' reasons tor withholding the rent: but since this action h id ? ^0U" the am«unt of the rent claimed ( £ 1179) had bo m Dointm w,M°Urt' T! w,ts no 1(>uger any dispute on that P ith regard to what tho landlord, the Earl of Dunraren, now complained of, it w;vs in respect of the mode in which the mine had been worked. Sin?e the month of November, t ie thymine h Tv ,n a ?tato of n'st; and whether the working of the r^ /"K-V. C<mthlUe'1 when tt a stat« which f-tIm,s.ht red-sonably work and win coal would be a Tuu!\TJU> JUr)!S Was the mine in su.h a stale that it presented difficulties which would, render it iinpos- tw 'J T .l 90'- to Work al¥* wil* J Was it reduced to hv tw "V miscor\d»*ot oXMr. Malins, or those under him, by their improper rauti(i of working it î This was not a case t brought an action against his lessee for not 1 t, ,r urmlng the covenants of his lease this was a case in mntnl esseehad discontinued tho working, and had done so nwjnn _Ue'U|° a^e"r'd misconduct on the part of another mioati r, am° r', ^bert Price, or those under him. The mil Sit p*'iS °/t', S0jr'1 ^at the parties (the Earl o." Dunraven 'v 0 Price) were advised that tliev could make out to mndn nf T- of an-v Jur> » wa9 Mr- Malins1 improper mode of working the mine which had produced all the conse- position llch he (Mr- Malins) complained: that was their in Tw 'i'aS° W,as SWtod in the year 1836, to Mr. Malins and lease there is demised all pits, shafts, levds, and other workings, &c.. for the purpose of working the mine, and raisin" C°aLi- together with other large terms accessary for enabling him properly to work the mines, 8K., demised in the lease, The words of exception followed, which referred to oll >