Stainton fishery rights

Scope and Content

Court Proceedings regarding Stainton fishery rights:

The main part of the bundle includes disputed fishery rights and judicial proceedings between John William Graham, William Edward Rush (tenant of Graham) (Plaintiffs) V Robert Raine (Defendant). The Plaintiffs in possession of land situate in Stainton, in Parish of Stanwix in the County of Cumberland, accuse the defendant of trespassing on the River Eden fishery. The defendant maintains it is his right to fish in the River Eden in accordance to indentures dated 1920 made between the defendant of the first part, Richard Hargreaves Greenwood, and Mansfeldt Heron Humble. Previous rights apparantly being seen in an indenture of 1801 between John and Thomas Drydon. Court proceedings finished on 18 April 1923 where it was ordered the defendant be restrained from fishing in the River Eden with a rod and line.

Other documents both provide evidence for the court case and also provide general history over Stainton fishery rights:

Correspondence between Robert Raine and J Thornbarrow auctioneer over the rights of the fishery at Stainton, and the right to buy (1919-1920).

Transcript of Judicial proceeding of William of Devonshire V Pattinson and the corporation of Carlisle where the proceedings accused the defendants of wrongfully entering the Plaintiff's fishery in the River Eden. Also includes map of River Eden taken from ordance survey map (1886-1887).

Transcript of Judicial proceeding of the mayor, alderman and citizens of Carlisle V George Graham and Robert Orman where proceedings concern entering the River Eden and poaching the fish illegally (1867).

Notes on evidence in action 'Corporation of Carlisle V Graham and Orman' with reference to the fisheries in the adjoining Manors of Barony of Bugh and Cargo. The references are to the book of pleadings in that action. In English and Latin.

Letter to 'Mr Fletcher' regarding fishery rights in Carlisle.

Also includes extracts from newspaper cuttings of corporation fishing rights (1922); includes instructions to counsel to settle interrogatories; includes maps of Stainton; Counsel's opinion notes; Notes on Eden's and Stainton's fishery rights; summons to order Robert Raine to court; notes from Graham's solicitors including notes on fishery rights, bills and arrangement of his will.

Other documents in the bundle after court proceedings had closed include:

Statement by J Dalton regarding Stainton and Carog Fisheries highlighting that J. Dalton and Stanley Harrison fished within the boat rights of Miss Oram and Mr Dalton in 1925. Gives number of fish killed, and wages they paid their men.

Agreement of owners of land in Stainton to repair an embankment. Includes draft and copy case of opinion sent by George Graham to other parties(1926-28 Dec 1929): 1) George Graham, Yeoman, Stainton

2) John Graham, Yeoman, Stainton

3) James Stockdale, Yeoman, Stainton

4) Jane Ann James, Widow, Highberries Scaleby

5) William Graham, retired Carriage Proprietor, Carlisle;

Stainton Estate to be let from J.W Graham to W.E. Rush. Term: yearly Rent: £150.The tenant to keep all buildings and land in good repair (9 Feb 1930);

Conveyance of three quarters of a boat 1) G.W. Graham-Bowman Esq 2) R.S. Harrison, Esq 1 to 2 of two quarters of a threequarters share of boat right and right of fishing in the River Eden at or near cargo in the Parish of Stanwix in the County of Cumberland (11 Dec 1934);

1) Harry Arnold and Richard Hargreaves Greenwood 2) Thomas Robinson 1 to 2 for letting a right of fishery in the River Eden in the County of Cumberland (1901);

1) Thomas Robinson 2) Samuel Shott Death 1 to 2 grants the exclusive right of fishing with rod or line for salmon and other fish in that part of the River Eden from the North British Railway Bridge to the beginning of the Cravel Bed in field 1304 (shown on enclosed ordnance survey map) of the parish of Stanwix between midstream and the right bank of the said river except fishing in the river opposite 1388 and 1366, property of J.W. Graham and on left bank of said river from first stile east of Knockupworth Ghyll to the head of Grinsdale stream. (1913)

1)W.M. Raven 2) Nichols Dryden

Release of a half and 1/12th of a boat fishing in the River Eden (7 Oct 1786)

Extract from lease of T.K. Atkinson to W.M. Ellwood (24 Dec 1864).