The Sun.
London, England, 1822-02-20 00:00:00

THE TROTTING MATCH FOR 300 GUINEAS.

The pressure of the Parliamentary Debates prevented our
going into particulars on this great sporting match over Sun-
bury Common on Monday. It was between the slate-coloured
American horse, said to be the best of the four lately imported
into this country, and a horse belonging to Mr. IVillan, to
carry 12 stone, and the American 11 stone. The winner was
hacked to trot the three miles in ten minutes. The American
horse took the lead, and was passed cleverly when he broke
into a gallop,' and in turning round Mr. Willan's horse got
considerably a-head, and was fifty' yards before the other
when three quarters of a mile from home. The American horse
broke into a gallop again, and did not turn, and on the backers
of Mr. Willan riding up to his jockey to tell him not to hurry,
that horse 'voice into a gallop, and in turning the American
got in first ; but Mr. Willan's horse won the race.—Betting 2
to 1 on the American..

Another match of a novel nature took place yesterday on the
Beaconsfield road Gentleman of the name of Causton un-
-dertOok, for 100 gdineas, to trot his horse seven miles in half an
hour, and to perform each mile within 4 minutes and 22 se-
conds. .It was done as follows :

min. sec..
Ist mile - 4 17 '
241 ditto - - 4 16
3d ditto - 4 14
4th ditto - - 4 18
Z.th ditto - - 4 20
Betting was 6 to 4 agti

min. sec.
6th mile - - 4 10
7th ditto - - 4 14

Totzl - 29 oi

.inst the performance.

Ala lAC.-A few days since, a singular : circumstance took
,place. An unfortunate woman, the mother of six children,
escaped from a private madhouse in the neighbourhood of the
metropolis, and made her way over hedges and ditches
until she arrived at the • village of Laytonstone, in Essex ;
here she proceeded through a plantation, scaled a wall eight
feet high, and secreted herself' upon ie end of an out-
building belonging, to a respectable solicitor ; she actually
continued in tins situation for three days and nights without
sustenance of any kind. At length, hunger and thirst compell-
ed lier'to leave her dreary abode, and apply to a female servant
for something to eat and drink—the poor girl was so terri-
fied at the squalid appearance of the poor woman, that she
gave an alarm, and the unfortunate creature waFrisecured.—
Every attention was immediately paid to her wfmts, and she
'was evriveyed to her former abode.

The primitive Christians did not commence
their Lent until the Sunday now called the first
hi Lent. Pope FELIX the Third, in the year
487, first added the four days preceding the Old
Lent Sunday, to complete the number of fasting
days to forty. Pope GREGORY the Great in-
troduced the sprinkling of ashes on the first of
the four additional days, which gave it the
name of DIES CINERUM, Or ASH-WEDNESDAY ;
and the Council of Beneventum, in the year 1091,
strictly enjoined the observance of this ceremony,
which continued to he invariably practised by
the Christian Church until the Reformation,
when it was abolished " as being a mere shadow,
or vain shew," and a suitable office was substi-
tuted in its stead, in addition to the ordinary
service, styled the COMMINATION, a service
Iwhich, however appropriate to Ash-Wednesday
in particular, ought also, according to our Li-
turgy, to be used at other times, " as the ordi-
nary " may determine, and not on the first day
of Lent only, " commonly called Ash-Wednes-
day," as is now practised.
Among the ancient customs of this country
which have sunk into disuse was a singularly
absurd one, continued even to so late a period
as the reign of GEORGE the First. During the
Lenten season an officer, denominated the King's
Cock Grower, crowed the hour each night, within
the precincts of the Palace, instead of proclaiming
it in the ordinary manner of watchmen. On the
first Ash Wednesday after the accession of the
House of Hanover, as the Prince of Wales, af-
terwards GEORGE the Second, sat down to sup-
per, this officer abruptly entered the apartment,
and, according to accustomed usage, proclaimed,
in a sound resembling the shrill pipe of a cock,
that it was' past ten -o'clock." Taken by sur-
prise, and imperfectly acquainted with the Eng.
lish language,, the astonished Prince naturally
mistook the tremulation of the assumed crow
as some mockery intended- to insult him, and
instantly rose to resent the. affront ; nor was it
without difficulty that the likterpreter explain-
ed the nature of the custom, and satisfied
him that a compliment was designed, according
to the Court etiquette of the time; and from that
period we find no further account of the exertion
of the imitative powers of this important officer;
but the Court has been left to the voice of reason
and conscience to remind.them of their errors,
and not to that of the cock, whose clarion called
back PETER to repentance, which this fantastical
and silly ceremony was meant to typify. In the
ancient Church, this day had two titles, The
Head of the Fast, and The Day of Ashes; the
former because Lent commenced on that day ;
the latter from the ceremony already described
of sprinkling ashes, &c.; from whence our Ash-
Wednesday.

FAILURE OF WORSWICK'S LANCASTER BANK.--
A Correspondent of The Preston Chronicle,
writing from Lancaster, says—" He is unable to
depict the effects already manifested from this
distressing occurrence. Families who have moved
in the respectable and higher circles, are in one
day sunk below the common level of tradesmen ;
indeed there is scarcely an individual throughout
the whole town or neighbourhood who is not one
way or other affected. Our agriculturists, manu-
facturers, and commercial men are all heavily in.
But it does not stop even here: mechanics, single
men, and widows have trusted their little all. It
could not have taken place at a more unfor-
tunate time, as there had been extensive lodg-
ments made for purchases of land to be paid
at Candlemas. I believe It is not yet fully
known to what amount they have stopped, but I
am under the mark at 335,090/. Lancaster, in
all its distress, never met with such a blow as
this. Creditors have offeredtosvitat 4s. 6d. to
ss. in the pound."—The event became known in
this town by the arrival, on Thursday evening,
of a post-chaise and four, with two gentlemen,
who, it was said, were proceeding express to
London, for the double purpose of procuring
an extent to secure Government lodgements, and
to strike a docket for a bankruptcy. These,
however, are only the rumours of the town, which
we give as such, without vouching for their ac-
curacy."—(Morning Chronicle.)
During the last week a number of labourers
have been employed under the direction of
Messrs. Aldermen Woon and J. J. SMITH, to
clear away some very ancient rubbish in the
Borough Compter, for the purpose of mak-
ing a common sewer. In digging up the
foundation they discovered several old gold
coins of the early reigns of the HENRYS, some
silver coin of CHARLES I. and Queen ELtz),-
BETH in a very perfect state, and pieces of cu-
riously wrought iron, which arc supposed to be
fragments of armour, and which several compe-
tent judges have declared to be of Danish work-
manship. It is well known that the Danes had
an encampment on this spot, and St. Olave's pa-
rish was named after their leader, St. OLAF the
Dane.

Mr. BELL this day moved for an injunction to restrain the de-
fendants, &c. from erecting certain buildings on the sides of the
gerdens of the British ‘iuseunr, which it was alleged they were
about to do, contrary to the covenants entered into between Lord
IV. RusSell; his lady, and others on the one part; and the Hon.
Ralph 31ontague on the other. whereby the latter under cook
not to erect any other than summer-houses, and out.houset. &c.
necessary for the comfort of the family, andi in default of which
a sum of 31. per day was to be paid for so doing. The Learned
Counsel detailed at great length the proceedings that took place
in 1765, between the then Noble Parties, and noticed the. Act of
the 26th of Geo. 111. which empowered the trustees for the time
being to purchase land, &c. He also called the attention of
his Honour to the respective covenants, contending that they
gave no power to make any erections, and that the sum of 31.
per day did not give any right to build, it being evidently in-
tended as a forfeiture in the event of that taking place. II e
then 'noticed the various improvements which had been made
within the last fifty years northward of the Museum, and
in support of the application, read several affidavits. In
the month of January last, the solicitors on the part of the
trustees gave notice to the Duke of Bedford that they intended to
erect the buildings in question, which they conceived they,had a
right to do, but which the Noble Plaintiff' thought they had not,
and accordingly the present bill was filed to restrain them, and
the question now was, had they or had they not that right?—
For his part he conceived they had not the right, and he felt
no doubt that his Honour, on looking at the original plan of
1765, conjointly with the others, would be of the same opinion.
The VICE CHANCELLOR desired to have the plans handed
up, which was accordingly done, and
Mr. BELL proceeded to read the affidavit of a Gentleman
who had been engaged in the British Museum for fifty
years, which stated, that the whole space northward had
been an open space, with the exception of a few thatched
houses, as far as the eye could reach. The present applica-
tion was made, on the grounds that the covenants were gene-
ral, and not only with a view of protecting Southampton
House, the present residence, but that the property and pros
it -
pect should be continued in the family. If was to be con-
tended that the Trustees had a right to act discretionally, then
he would say this Court was not the tribunal to discuss that ques-
tion, as a point would arise as to how far that discretionary
power extended? But this he conceived was not the case. The
places now to be erected for the security of Antiques could' not
be said to come within the meaning of the clauses of the Bill,
nor could he agree that the payment of the rent was a staff-
cient warranty to mike them. It could not be said that the
erections about to be made came within the meaning of sum-
mer houses, or a banqueting house, nor did he think the Learned
Gentlemen on the other side could satisfy his Honour that the
houses would come within the meaning of the will. With re-,
spect to the power of the Court to interfere, he felt confident in
the opinion that it would grant its protection to prevent'one
person doing that which would be injurious to his neighbours,
and in support of which he quoted the opinion of Lord Hard-
wicke in 31arrice v. Lord Bolton, Vesey's Reports, vol. 2. p.
483: The Fishmoners' Company v. the City of London,
Dickin's Reports, vol. i. p. 163: Howard v. Hopkins, Viner'a
Abridgement, and several other cases. The words of one co-
venant were " shall forfeit and pay," which he contended
could not be considered merely as a penalty in compensation
for what was to be or had been done. In fact, the Gentlemen
on the other side would have to get over a greater difficulty
than they were aware of, for before they could obtain a decree
in their favour they must do away with the words " forfeit and
pay." They were restrained from improperly opening a shore,
erecting privies, or building a public brewhous?., and therefore
they must
.prove that there existed a right of liquidated da-
mages, and that the words were not introduced by way of pro-
tection to Lord Russell and his family, or those who might hold
the mansion, but as a remuneration to the family. •
The VICE CHANCELLOR said the Duke of Bedford claimed
not as the heir of Rachael Vaughan, but as her assign., This
was a material point, for his Grace must say of whom he was-
the assign, as a person convenanting not to build must bind
the person to whom he assigned.
Mr. BELL submitted that the land could only be used for
certain purposes:
The VICE-CHANCELLOR thought that a proposition diffi-
cult to be sustained, and naked,- if he were to part with a piece
of land, could he stipulate that no public brewhouse should be ,
erected, could he enforce the particular covenant ?
Mr. BELL thought such a course would be perfectly legal.
Ilis Grace claimed as heir, but he (Mr. Bell) could not answer
that there had' not been some conveyance which had broken the
descent. lle certainly did think the property was still invested.
in his Noble Client.

The VICE CHANCELLOR said the first question was, .whe-
ther the projection was a breach of the covenant? There were
two other questions, and the case involved some very novel
considerations, as it. was extremely difficult to say whether the
covenant ran with the land, for it was not enough to speak
merely of So,thampton House. He thought it must be
contended that the scite of the land ran with the covenant,
and the question then arose at to what could be done with it in
this-Court ?
Mr. BELL submitted that this Court could interfere if there
' were doubts at law.
The VICE CHANCELLOR could not conceive a case where
relief could be claimed until legal foundation were shewn for so
doing, and expressed an opinion that the present was a fit ques-
tion to be tried at law, declining to act on the principle laid
down by Mr. Bell.
A conversation ensued between the Learned Counsel, which
ended in Mr. Shadwell submitting that the patties must in the
first instance go to law.
The VICE CHANCELLOR—I think so, for the case seems
to me to involve some very important and nice points of law.
The case therefore remains in statu quo until the first day of '
Easter Term, as the trustees will not go on with the erections.

COURT OF KING'S BENCH, FEB. 19.
WOODROYyE V. HELM!
This was an action on the warranty of a setting dog sold by
the defendant to the plaintifffor the sum of 151.
The defendant was a regular dealer in dogs, and sold the one
in question, named " Honour," to the plaintiff, as a t:7l that
would back and stand, and warranted to be in every respect
thorough bred and broke.
Various witnesses were examined for the plaintiff, who swore
that the dog was deficient in all points in which he was war-
ranted.
For the defendant, it was contended that the dog was all
that he had been warranted to be, but he had been spoiled, by
the plaintiff, who was represented as being but a young and
inexperienced sportiman. Evidence was given to shew the
goodness of the dog before he got into the plaintiff's possession.
The Jury found a verdict for the plaintiff—Damages 151.
Mr. GURNEY and Mr. Anot.ritus conducted the plaintiff's
case, and Al r. SCARLET T and M r. THESSIGER the defendant's.

COURT OF COMMON PLEAS, FEB. 19.
17/NTER V. BROWNE.

This action was brought by the plaintiff, an attorney, to re-
cover the sum of 6201. due to him by the defendant, who is a
dealer in marble. The defence was, that the debt accrued before
the defendant's bankruptcy, and that he had since received his
certificate ; to which the plaintiff replied, that the certificate was
vitiated by 10r. furling, a principal cieditor, h iving been in-
duced to sign it by the promise of 1501. per annum; and upon
this fact the whole question turned.

Mr. GURLING having been called on behalf of the plaintiff,
swore that Nlr. Penning, an•upholsterer in Holles-street, per-
suaded him to sign the certificate, by holding out a promise of
the annuity above-mentioned, whilst
Mr. PENNING, on behalf of the defendant, swore that he
held out no such inducement. He merely prevailed upon him
by an appeal to his humanity and' his conscience, telling him
that he ought to banish all malignant feelings towards Browne
from his breast ; to do as he would be done by; and reminding
him, if he ever said his prayers, that he only there begged to
•be forgiven as he forgave others.
The LORD CHIEF JUSTICE informed the Jury, that if a
creditor was induced, by any promise, direct or indirect, of re-
muneration, to sign a certificate, no matter whether the bank-
rupt was• privy to such promise or not, it vitiated the certificate.
The simple question in this case, therefore, was—whether or
not such a promise had been held out to Gurling ; and that de-
pended upon which of the two witnesses, Gurhng or Penning,
they believed. His Lordship then read over the evidence, ob-
serving upon it as he went along.
The Jury found for the plaintiff—Damages, 6201. 10s.

CHESTER SPRING CIRCUIT, 1822.
CHARLES WARREN, Esq. and SAMUEL MARSHALL, Ser-
jeant at Law.
Montgomeryshire--Saturday, March 23, at Pool.
Denbighshire .--Friday, March 29, at Ruthin.
Flintshire—Thursday, April 4, at N 1 old.
Cheshire—Wednesday, April 10, at the Castle of Chester.

• DIVIDENDS.
March 15, J. Birch, jun. Manchester, cotton spinner—March
16, J. Avery, Barnstaple, Devonshire, shopkeeper—March 12,
I. Leech and J. Hinchcliffe, Cateaton-street, wholesale hosiers
—March 13, G. England, Exeter, butcher
—March 12, G. Mil-
ler, Watling-street, carpet and linen agent—Feb. 23, T. Cc!-
beck, Westhouse, Yorkshire, fax spinner—March 12, A.
Mowbray and J. Witherell, Durham, bankers—March 12, W.
Harrison, W. Gorst, W. Harrison, S. Cooke, and J. F. Hir-
rison, Tower-street, merchants—March 12, W. Evershed,
Tooley-street, Southwark, pastry cook—March 25, R. Wall,
St. Thomas the Apostle, Devonshire, innkeeper— March 14,
J. Holmes, Newcastle-upon-Tyne, linen-draper—March 6, W.
R. Mott, Brighton, wine merchant—March 14, J. Morris, Up-
holland, Lancashire, tanner—March 15, J. Rawlins, White-
haven, g:ncer_March 16, M. Mac Donnell, J. Mac Donnell,
and J. Bushell, Broad-street, merchants—March 13, T. Chil-
lingsworth, Redditch, Worcestershire, needle-maker—March
18, E. Morris, Redditch, Worcestershire, carpenter and joiner
—March 12, J. Williams, Bishopsgate-street-Within, linen-
draper—March 12; N. Josling, Bexley-Heath, Kent, inn-
keeper—March 12, C. Sumner, Hollingdon, Middlesex, plate
glass manufacturer—March 16, .1. Cloutman, Curtain-road,
Shoreditch, carpenter—March 12, H. Langhorn, and W.
Brailsford, Bucklesbury, merchants.
CERTIFICATES, MARCH 12.
J. Hooper, Tooley-street, Southwark, chymist—J. Moore,
Sowerby, Yorkshire, woollen-cloth-manufacturer—R. Newell,
Hereford, tailor—J. a Fiegehen, jun. 'Wood-street, Cheap_
side, earthenwaredealer—J.• Lavender, Leominster, mercer and
draper—F. English, Birmingham, draper—T. Abbey, pock_
lington, Yorkshire, ironmonger—W. Hailstone, Mildenhall,
Suffolk, grocer—T. Woodhouse, Nottingham, lace-manufac-
turer-,.A.. Barratt, Newport-Pagnell,, Buckinghamshire, far-
mer—C. G. Kerwood, John-street "West, Edgware-road.,
printer..

rARTNERSHIPS DISSOLVED:
T. CrOxall and J.
.Hodson, Walsall, Staffordshire, coal-
dealers-1% 'Asher and J. ‘villey, Newark-upon-Trent, brick-
makers—C: Vachelljun. and W. Vachell, Cardiff, Glamor-
ganshire, druggists—A. Wood and E. Dunning, Whitby.
Yorkshire, milliners—J. Laurie and J. M'Nellan,Alloa, brew-
ers—W. Adam and A. Hunter, Glasgow, cotton-yarn-mer-
merehants—M. Farrand and W. Joseph, Star-corner, T3cr-
mondsey, window-blind-manufacturers--N. and J. Merridew,
Coventry, printers—T. Ireland and R. H. Sawyer, Staple Ir.n,
London, attornies—P. Downward. sen. and Co. Liverpool,
wholesale grocers-J.•llolden and Co. Highlands, Lancashire,
cotton-spinners—T. Peacock and T. Wardle, Northallertm,
Yorkshire, linen-drapers—J. Kirkland and J. Badenoch, Co-
ventry, silk-manufacturers—S.-Nash and J. Payne, .51akion,
traders—M. Lough and S. W. Shotter, Sittingbourne, Kent,
chemists—J. and T. Sawer, Exeter, rectifiers.

OSMAN AGA, the distinguished Turk, who has
been converted to Christianity, was baptised on
the 25th of January at Rome, by the Cardinal
GALEFFI, Bishop of Albano. The infant Dou
CHARLES LOUIS, son of the Duchess of LUCCA,
was his sponsor,- and gave him the names of
CHARLES LOUIS PAUL HERCULES JOSEPH MARIE.
The Duchess of LUCCA was present at the cere-
mony.

COURSE OF EXCHANGE, February 19.

• Amsterdam
.Ditto,•at Sight
C
Rotterdam I 2 0
'
Antwerp l2 1
Haniburgh . l2 6
4 gi Us
!Altona
Paris, 3 Day's si Qf
ght 24 40 37 5 0
Us.
Us.
Ditto
•
lourdeaux, ditto
Frankforton the Pain
Madrid ... ' , 37 • Etrectile
Cadiz
Bilbda • 36f Effective
Barcelona .......
Seville
Gibraltar
Leghorn..
Gera•a isi-Venice, Ital. Liv.. 27 60
Nlalta 45 -Naples 39
Palermo .
Lisbon
..soi .
Oporto
.
Rio Janeiro
Dublin .... 9.1 Cork tii pci Cent.
• . BULLION.

-
Portugal Gold, ift Col 11 / .0 0 0 pet 02.
Foreign Gold, iii Bars 3 17 lOf
New Doestiloons
NeW Dollars 0 4 911
Silver in Bars, Standard 0 4 1