Between The Most Noble CHARLES Duke And ROBERT MYERS, JOHN CAPES, JOHN THE Bill stated, that the Manor or Lordship and 1819. 9th February. This Court has Jurisdiction to decree Toll, due by custom, in re spect of a Mill, although the Custom was established in a former Suit. It appearing, however, in this Case, that ancient Mills were destroyed, and another Mill, of a different kind erected, and that other legal objections were taken, the Court retained the Bill, with liberty to the Plaintiffs to bring such action or actions at law as they should be advised. 1819. Duke of NORFOLK and others, v. R. MYERS and others, the two ancient Corn Mills called Selby Mills, situate within the said Manor or Lordship, and which were, a few years since, converted into one Mill; and which Mills were formerly worked by means of certain ancient water-streams, and were for several years afterwards, and until lately, worked by wind; but the said present Mill is now, and for some time past hath been worked by a steam engine; and together with the suit soken, suit grist, mulcture and toll, to the same Mills belonging, did with other Hereditaments and Premises, several years since, become legally vested in Plaintiffs Charles Duke of Norfolk and Barnard Edward Howard, and Sir Francis Molyneux since deceased, and their Heirs, upon certain Trusts, for the benefit of Plaintiff Edward Robert Petre and other Persons; and that said Plaintiff Edward Robert Petre, before the year 1813, became and is beneficially entitled in possession for his Life to the said Manor or Lordship, Mills and Mill, soke soken, suit grist, mulcture, toll, Hereditaments, and Premises; and Plaintiffs Charles Duke of Norfolk, and Barnard Edward Howard, were, previous to the said year 1813, and ever since has been, and still are, as such Trustees aforesaid, in the possession or receipt of the Rents and Profits of the said Manor, Hereditaments and Premises; and that there was formerly a Horse-mill belonging to and within the said Manor, for the grinding of Corn for the Tenants, Resiants and Inhabitants of and within such Manor or Lordship, but which Horse-mill was several years since pulled down or destroyed:-That in the Month of April 1813, the said Mill, (such two Mills having been previously converted into one Mill, as aforesaid,) and the soke, soken, suit, grist, mulcture, and toll thereunto belonging, were let to Plaintiffs John Richardson and 1819. Duke of NORFOLK and others, William Massey, by Plaintiffs Charles Duke of Norfolk and Barnard Edward Howard, as Trustees as aforesaid, at a very considerable yearly Rent; and they, Plaintiffs John Richardson and William Massey, have ever since been, and now are, the Tenants and Occupiers thereof at such yearly Rent:-That the Town of Selby is an ancient town, and is part of and wholly within the said Manor or Lordship and that all the Tenants, Resiants, Inhabitants and Dwellers of and within the said Manor, Lordship or Town, have been from time immemorial, either by ancient Usage, or Custom, or Right of Tenure, of such Manor or Lordship, or otherwise, used and accustomed, and of duty bound to grind, and still ought to grind, or to have ground at the said Mills, or one of them, and still are bound to grind, or to have ground at the said present Mill, such two water Corn Mills being now converted into one as aforesaid, and not elsewhere, all the Corn and Grain and Malt which they or any of them have or hath expended, or consumed, or do or doth, or shall expend or consume in a ground state, in their respective Dwelling-houses within the said Manor, Lordship or Town, and which they or any of them have or hath sold or exposed to Sale, or do or doth sell or expose to sale, in a ground state, within such Manor, Lordship or Town, to any others of the Tenants, Resiants, Inhabitants, or Dwellers of or within the said Manor, Lordship or Town, to be used, spent, or consumed in their respective Dwellinghouses within such Manor, Lordship or Town, whether grown or produced within the said Manor, Lordship or Town, or brought thither from any other places or place; and they the said Tenants, Resiants, Inhabitants and Dwellers have immemorially become, and are by such usage and custom bound and obliged to 1819. Duke of NORFOLK and others, 0. R. MYERS and others. pay to the Owners or Owner of the said Mills, and still are bound and obliged to pay to the Owner or Owners of said Mill for the time being, or their Lessees or Lessee, a reasonable Toll or Mulcture for such the grinding of their said Corn, Grain and Malt, (that is to say) for Corn and Grain, except Malt, one sixteenth part thereof when brought to and taken from the said Mills or Mill by the owner of such Corn or Grain, and one twelfth part thereof, when fetched to and carried back from the said Mills or Mill, by the Owners or Owner for the time being of such Mills or Mill, or their, his or her Lessee or Lessees, or Worksman or Servants; and for Malt, one thirty-second part thereof; and that none of the Tenants, Resiants, Inhabitants or Dwellers of or within the said Manor, Lordship or Town of Selby, have at any time during the time aforesaid been at liberty to grind or to have ground at any other Mills or Mill, any Corn, Grain or Malt spent or used in a ground state in their respective Houses or Dwellings within such Manor, Lordship or Town, or to sell or expose to sale within the said Manor, Lordship or Town, to any other of the said Tenants, Resiants, Inhabitants or Dwellers, any Corn, Grain or Malt in a ground state, not ground at the said Mills or Mill, so now belonging to Plaintiffs, or at one of such Mills, to be spent or used in their respective Houses or Dwellings within such Manor, Lordship or Town; and that the Owners for the time being of the said Mills or Mill, are and always have been bound and obliged to keep such Mills or Mill in good repair, and in a proper state for working, and to grind all the Corn, Grain and Malt brought thither to be ground by the Tenants, Resiants, Inhabitants and Dwellers of and within the said Manor or Lordship and Town for the use and consumption of such Tenants, Resiants and Inhabitants in their Houses and Dwellings within such Manor or Lordship and Town, within the space of twenty-four hours from the time of the delivery of the same at such Mills or Mill, if so required. That the said Mills, until the same were so converted into one Mill as aforesaid, constantly were, and the same Mill now is in good and proper repair, and in a fit state for working, and capable of grinding within the said space of time, all the Corn, Grain and Malt used and consumed in a ground state by the Tenants, Resiants, Inhabitants or Dwellers of or within the said Manor or Lordship and Town :-That Robert Myers, John Capes and Thomas Bradley, have respectively, ever since the year 1812, been and still are Resiants and Inhabitants of and within the said Manor or Lordship, and Town of Selby, and that they the said Robert Myers, John Capes and John Bradley, have respectively from time to time, or at divers times since the month of April 1813, ground or caused to be ground, at or by their own Mills, in the said Manor or Lordship, or at some Mills or Mill other than Plaintiff's said Mills, or any or either of them, considerable quantities of Malt, in order that such Malt might be, and the same hath accordingly been spent, used and consumed by them in a ground state, in their respective Dwelling-houses within the said Manor or Lordship and Town; and they the said Robert Myers, John Capes, and John Bradley have respectively so done and acted, for the purpose of evading the payment, to Plaintiffs John Richardson and William Massey, as the Tenants and Occupiers of the said Mills, of the said customary Toll or Mulcture, so payable for the grinding of Malt, 1819. Duke of NORFOLK and others, v. R. MYERS and others. |