The Sun.
London, England, 1864-02-12 00:00:00

7:ezr-...xedee
1
;0,6,
-4
ary—" TePm: a team or yoke of w ktnAittlet+7 y
a ;ding, " Sniper applies it to a lit„ ',of Frzsi:
• • - (Laughtee.)
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,
4. /
3,0
44E, •
_ -go , • Mr. Justice Crompton—What, is the word ap-
. rz:
r plied to a string of little pigs? (Great laughter.)
S." - • ~
• j#1":1411..*:"
•
/ • The learned Counsel ob•erved that it was even
•
o- 4
applied to a line of ducka ; in fact, to a line of any
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e
46,
"1"-amLY‘cirr7.. \‘
'
sort of animals. It meant in the present instance a
•

pair of working horses in a line—no; abreast; for
that would require a different kind of harness, and
it could not be supposed that the man was to drive
them in a cart " tandem" fashion. The team was

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like a team of pack-horses or horses in a
only the Duke was to find the waggon or cart. Be-
yond all doubt, the Duke was to find the work that
was to be done. Was he not to find the tackle, or
machinery, or vehicle adapted to the work to be
done ?

Mr. Justice Mellor—How is team work to be
done without a cart ?
Mr. Huddleston—How is it to be done unless
work is provided to be done ? And if the Duke is
to provide the work, why is he not to provide what
it is to be done with ? Otherwise the Duke may vary
the work to be done infinitely, and throw on the
tenant the burden of providing tackle or Le2chinery
or vehicles fit for it. Put the case of barrow-work
or plough-work. Was the tenant to find the plough
or harrow, or the coal-cart, or the dung cart, or the
waggon, or whet no' ? Surely the Duke, as he
furnished the work, must provide the proper vehicle
or tackle for it I All that the tenant had to dowse
to perform the team work. But a team alone could
do no work; and how could the tenant before he
knew what work was to be done provide the tackle
for it? The learned counsel made the following
citations:—
Johnson's Dictionary, Todd's Ed., 1827.
" Team (n. s.) (temo, the team of a carriage—Latin;
team, Sax., a yoke).
" I. A number of horses or oxen drawing at once the
same carriage.
" Thee a ploughman all unweeting found
As he his toilsome team that way did guide,
" And brought thee up in ploughman's state to bide.'
—Spenser.

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" ' We fairies that do run
" By the triple Hecate's team,
" From the presence of the sun,
" Following. darkness like a dream;
" Now we frolick.'
—Shakspere's Midsummer Night's Dream.
" 'I am in love, but a team of horse shall not pluck that
from me, nor who 'tis I love.'—Shakspere.
" After the declining sun
"'Had chang'd the shadows, and their task was done,
" Home with their weary team they took their way."
—Roscommon.
"'He heav'd with more than human force to move
14

' A weighty stone the labour of a team.'-:-.Dryden.
' In stiff clays they may plough one acre of wheat with
.am of horse.'—Mortimer.
' Any number passing in a line.
Like a long team of snowy swans on high
" Which clap their wings, and cleave the liquid sky.'
—Dryden.
"To team (v. a, from the noun), to join together in a
team.

" ' By this the night forth from the darksome bower
" Of Erebus her teamed steeds gan
—Spenser (Virgil's quart.)"

After a long and interesting argument the learned
Judges consulted together and then delivered judg-
ment.

Mr. Justice Crompton said he thought that the
duke, the plaintiff, had not made out his case so
clearly as to sustain a forfeiture. In the modern
sense of the term the word " team," to say the least,
did not-clearly imply the cart as well as the horses.
He thought that the meaning was that the farmer
was to bring the horses and do the work he was set
to. Something must be added to the agreement to
make sense of it. It might be said that it was not
stipulated that the duke should find the cart. But
so neither was it stipulated that the farmer should
do so. And then it must be considered that the
duke was to prescribe the work to be done.
And the farmer could hardly bring the proper
vehicle or tackle before he knew what the work was.
Moreover, the agreement was not to draw the coals,
but to perform the team work. If it had been to
draw the coals, then the tenant would have had to
find the cart. But it was not so. The work to be
done was not confined to agricultural work. The
work might be to draw timber, or carry coals, or
draw a plough or harrow, or what not. In all these
cases the tackle or vehicle would vary. And if in
all these eases the tenant was to find it, the contract
would be very oppressive. He thought that it was
enough it the farmer sent the horses and the driver
to be put to such purpose as the Duke's agent might
please. It was to be lamented that these contracts
were not made more., clear ; but on the best con •
structiou he could put on the agreement it did sot
mean that the tenant was to bring the cart.
Mr. Justice Blackburn concurred. No doubt it
was a general legal principle that if a man con-
tracted absolutely to do a specific thing he must do
it, and find the means to do it, as in the common
mercantile case of a vendor contracting to sell goods
" free on board"—that is, to put them on board
free of charge, in which case, of course, he must find
lighters for the purpose, though, on the other hand,
the vendee must provide and name the ship. So
' here, if the contract had been to draw the coals, the
farmer must have found the cart as well as the
horses. But here the Duke was to define the work
to be done, and it must be work proper to be done
by a team of horses. It might be to break up a
field, in which case the tenant might say, "Hero is
my team, and I am ready to do the work ; but
where is the plough ?" So, if he were set to draw
timber, be might ask for clumps and chains to draw
it with; so, if he were asked to draw coals, he had a
right to demand the cart, for it was impossible that
the team should do all these varied kinds of work
without the proper tackle and vehicle.
Mr. Justice Mellor differed, and thought that the
farmer was bound to provide the cart. It might
well be that the Duke might not have the proper
vehicles to do the work, for he was to do the team
work, and he could not do it without the vehicle or
tackle. The contract was not merely to furnish the
horses and man, but to do the team work, and that
bound him to do and provide all that was necessary
to do the team work.

The majority of the Court being, however, in
favour of the former, the rule was absolute to enter
a nonbuit,

Mr. Gray observing, however, that, as it was
ejectment, the Duke could bring another action
anyhow.

THE WEATHER AND THE PARKS,

Yesterday was what is technically termed a grand day in
the different Royal parks. From an early hour in the morn-
ing pedestrians and members of the nobility and gentry in
carriages continued to flock into the parks, in order to wit-
ness the evolutions of the lady and gentlemen sliders and
skaters upon the different sheets of ice. Princess Mary of
Cambridge was one of the promenaders on the banks of the
Serpentine, with her attendants, and her Royal Highness
inquired at the Royal Humane Society's receiving-house as
to whether skating was going on in Kensington-gardens,
and whether any accidents had occurred. _

Ne-
gretti and Zambra's patent glass, showed that during Wed-
nesday night the mercury indexed 31f deg. At 9 o'clock
The thermometer at this institution, asthreigeTkish,toeebfruediactebeciyahetaneothgdea.
yesterday morning the same glass showed 321 deg., being a
inches eaPionadthii:;eas, and is in
little above freezing point. At noon the glass rose to 35
deg., being 3 deg. above freezing point. The barometer was
29.63. The wind was N.E., and the weather was overcast.
Last night the glass began to fall, and the wind chopped
exceed-
ingly taking
James's
it
eyhense
:s
dangerous.tn mro
placear
et hr
Park
io-
ninw isetotshuht
e,leylssnah statebor
potwhuei showing
fglti: ehoeve ie e indication
2nweather..
ensington-
gardens, the ice is half an inch thicker. The ice in St.
a most rotten and unsafe state.
Owing to the admirable arrangements made by Mr,
Young, the secretary of the Royal
Humane Society, e,nd
Mr. Williams, the superintendent, the icemen, by great
exertions, managed to clear the vast expanse of this river,
if we except about 100 or 150 females and gentlemen, who.
in spite of all expostulations of Deputy-superintendent
Murphy, insisted upon staying upon the ice until late in
the afternoon, Fortunately only a few slight immersions
took place on this river.
In the Regent's-Park about 3,000 skaters and sliders dim-
ported, and several serious accidents took place. Shortly
before noon Henry Childs. of 7, Bury-street, Bloomsbury,
broke through the ice into 7 feet of water. He was rescued
by one of the icemen diving after him, About half-past one
a man named Geo. Addis, of 33, Duke's mews, Grosvenor..
square, fell through the ice in 11 feet of water, and iceman
Windyard, managed to get him out in a very exhausted
state, the iceman nearly losing his own life in saving him.
Three other persons were also immersed, but happily they
were rescued. They were attended to by Dr. Norton, and
were able to return home. The Royal round-pond had
about 700 males and females upon the ice, but only a few
immersions took place, and nothing of a serious character
, occurred.

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