1777 07 24 : Solicitor's letter about court cases

Update on Saturday, July 2, 2011 at 11:32PM by Petra Mitchinson

24 Jul 1777. SOLICITOR’S LETTER ABOUT COURT CASES. Bundle 62, Doc 12. 38.5 cm x 24 cm, folded in half to make four pages. Third page is blank. Red seal and hole where it was torn open. Mr. GRAHAM 24. July 77. ~~~~~~~~~~~~~~~~~~~~~~~~~ Mr. DOBSON Edenhall Pd. / W : S Penrith ~~~~~~~~~~~~~~~~~~~~~~~~~ Dear Sir / In answer to your Letter of the 21st: Inst. I think that the last Act for the Repair of Ways directs the Expence Attending such Repair of Roads in the Quarter where your Tithes are, is made by the purvey, your Tenant should appeal against such Rate and insist that the Rate should be made by the pound Rent, and upon such appeal I think you will Succeed. Notice of Appeal is to be given within Six Days after Cause of Complaint. A Letter has been wrote to Mr. STORY to call the first Day he comes to Carlisle which I suppose will be on Saturday ~ I don’t know your Reason for Supposing that Bills must be preferred against two of the three persons who have been bound over to the Assizes for taking Rabbits in the night time – I think all the three should be Indicted, however Copies of the Informations against such of them as you mean to Indict should be sent to me im~ediately as Instructions to get the Indictments prepared, for Notice has been given for prosecutors and their witnesses to be at Carlisle on Friday the first of August to get their Indictments prepared with Dispatch so that you see it will be necessary for the witnesses on this occasion to be at Carlisle as above ~ please to let me know if Thomas CARTWRIGHT, NELSON and DAWSON were Colessees of the warren at the time of the offence or offences you now mention by the 3 persons or who then was or were Lessee or Lessees of the warren or was it in Sir Philip MUSGRAVEs own possession ~ The necessary proofs on this occasion will be 1st. That there has been time Immemorial a Rabbit Warren at the parish of Edenhall – 2d. That the offenders did take & kill or kill stake Rabbits in the warren in the night time of the ~~~~~~~~~~~~~~~~~~~~~~~~~ of 177 ~ 3d. Whose property the Rabbits were – please to say whether the offenders took, or took and killed, the Conies ~ Touching the former Business you said you would send me an Exact plan of the warren shewing the Division of the parishes of Edenhall and Penrith there and the place where the assaults were Committed &c. please to send me such plan by return of post. ~ In the Cause CARTWRIGHT agt. GREEN & Anor. Notice of Trial has been given and the Cause will be tryed if the Notice shod. not be countermanded ~ Mr. MORGAN wrote that he cod. not tell wher. the GREENs Intended to try the Indictmt. Causes but that he wod. know in a Short time and Inform me which he has not yet done altho’ I have Expected to hear from him for some posts lasts, as soon as I do I will let you know I am Dr. Sir / Carlisle 24th. } Your most obedt. hble Servt. July 1777 … } [signed] Stuart Ja GRAHAM