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'-''':"*-'!" G AME LAWS, 18


G AME LAWS, 18 Oft Wednesday Jat, at the county Court at Dev ises, by virtue of a second w rit, issued frlt" that purpose, a-Jury wasimpaiHielied before Mr. Tinney, who presided for the Sheriff, to asses* the damage* in an action of trespass brought y Isaac Sunkins against ffenry Hunt, for tro>kisc game upon i he Plaintiff's estate. Mr. Casberd-, Counsel for the PlaifrtiSF, opened the case; and the trespass was proved by Richard Mortimer, On the cross-examination, a. question bfin< propose-i to the witness, whether the PiaiiiitiF had sustained any damage whatever from; trespass complained of? Mr. Tinney inierleici to prevent that question from being put. Jje said, that he would not suffer the witness to spe;> k to any point already settled between the panics; that damage was already admitted ou the part of. the Delendaut, aud t¡'"t the (juestion must narrowed, so as aot to countervail that admis- sion. In the course of the cross-examination, the witness stated, that no damage was done by the Defendant to the Plaintiff's t'ciice, or to the grara Oil his lands, or to ins property, in any shape whatever. Mr. Hunt addressed the Jury at great length but was seveiat times restrained, for what was considered asirrelevaflt so the matter in and a breach of that (!ecorum which oua:ht lo be invariably observed in a Court, of Justice. Mr. Tinney, in stating the effect of the evidence to the Jury, observed, that it was their function to assess what damage the Plaiut iff ought to have for the trespass complained of, it being adjudged hy the Court of K-hi^s lieitch, that some natures ne was entitled to recover, and that they were suoin io make an assessment, accordingly, observed, tiia* even if the Plaintiff had conic to iheinfo determine his righl. to a compensation for the aggression conipiained of, instead of coining to them merely to asceriji-in the amount of ittzh cowliensatiori, he would be entitled to their verdict; for it, was necessarily theJtjiY of this country,and of every country in which civi- lized society subsists, that no one shnuld come; upon the esrate of another "without his consent, iie therefore directed the Jury to a, ive such damages as they thought IhcPlaintilfeutitlNJ te. but left it wholly to their own discretion to settle (heari) iunt.—After some deliberation, the Jury to ict,,irn of no wished to return a verdict of no' damages! Mr. Tinney told them he would not receive this as their verdict; that they were bound by the writ under which they acted, and by the catb they had taken, to assess some damages. Motwitb* standing this admonition, and their being twice sent back fer further consultation, the Jury refused to alter their return. Sir. T. then said 'I lie Wtil-lld si ill do his, and they must fa Ice the c,o?i3equenre" of their refusal. The Defendant said he would indemnify the Jury for persisting in their first determination. Ihe verdict was not received, and we under- stand the names of the Jurors will be returned to the Court ol King's Bench, with the circcm- stanees attending this extraordinary case. 'Ihe Court was entirely full, and the return stanees attending this extraordinary case. Thf Court was entirely full, and the return of the Jury was received with loud acclamation by a laröe portion of the audito ry The will of the late Dr. Gray, of Indit, wheichv he bequeathed 00,0001- to the toWQ of Elgin, for pious purposes, which "a (L," years past, the subject of a Chancery suit, ha* by a late decision of that Court, been declar- ed valid, and (lie town yj Jilgiu fouud calitied to the whole amount* I