The Sun.
London, England, 1825-08-04 00:00:00

ASSIZE INTELLIGENCE.

YORK ASSIZES.
BRADFORD MARKET.
( Before Mr. Justice' BAY LEY and a Special Jury. )
HAWSON.v. WRIGHT.
Mr. Tismar. opened the pleadings, which stated that the
plaintiff was Lord of the Manor of Bradford, and was entitled
by charter to hold the market there, and alleged that the de.
fendant had injured that market by setting up another market
in opposition to it.
Mr. Scanr.ETT said that he had the honour to address the
Jury, as Counsel in behalf of Mr. Rawson, the plaintiff in this
action. The general nature of his case had been stated by his
Learned Friend, in his opening of the pleadings. The Lord
of the Manor of Bradford had, from the earliest times, pos-
sested by charter the right of holding a market in that town.
No market, he observed, could be held in any place, except by
virtue of a charter from the Crown ; and where a market had
been held from all time, the law presumed that a charter had
formerly existed.' When any application was made to the Crown
for a charter for holding a new market, a writ was issued called
ad quod daninunz to inquire, by, the inquisition of a JurY,
whether any damage to the Crown or any other person was
likely to arise from the establishment of the required market,
and, even when the charter was granted., if it invadid any pre.
viously existing rights, the party aggrieved would still be en-
titled to bring hisaction. Mr. Rawson claimed, under a charter
of a very ancient date, granted by Henry 111. to Edmund Lacy,
who was called the King's valet, which was probably an office
of high consideration. Under the Lacys the manor of Bradford
became part of the Duchy of Lancaster, and in the reign of Henry
V/I, was vested in the Crown. In the reign of Charles I. agrant.
was made of this manor to the person under whom the present
plaintiff Claimed. In the year 1689, the manor passed into the
fain iIY of the Marsdens, by whom it was held until the year
1725, .when the manor, with all the manorial rights, were sold
to Mr. RaWson. In virtue of this charter, Mr. Rawson claimed
the exclusive right of holding a market in the town of Brad.
ford. The market, at the time when Mr. Rawson became pos-
sessed of the manor, had always been held in Westgate, but, ,
from the increasing population of the town, this was found to be
a confined and inconvenient situation. An attempt had been '
!Ude by certain persons to erect and establish a market in a dif-
ferent part of the town about 1782, and certain buildings were
erected for that purpose, but the opposition of the then lord of
the manor caused the design to be abandoned, and the buildings
were converted into warehouses and cottages: This site was after-
wards purchased by Mr. Rawson, who built a market there, and
in that place it was held from the year 1801. But the rapid hi- I
crease of population in Bradford, which in ten years, viz. from
1811 to 1821, was nearly doubled, rendered additional accommo-
dation necessary, and Mr. Rawson was induced to build a new
market upon his own estate in Darley-street, which was opened
in the year 1823. Mr. Scarlett then proceeded to state' in what
way Mr. Rawson. derived a revenue from these markets, which
was by charging a small sum to persons who found their Own stalls
a larger sum to those to whom he furnished this accommoda-
tion, and a yearly rent for permanent shops. The Learned
Counsel proceeded to detail some proceedings which took place
when Mr. Lambert was the steward of the manor, and conclud-
ed this part of his case by observing that 'this gentleman was
now attorney for Mr. Wright, and in bpposition to the claims
he then so zealousy advocated. Mr. Wright, the defendant in
this cause, had appropriated a large piece of ground for the
purposes of a market; 'had built a number of shops for butchers,
and provided a slaughter-house, and', with a view of getting
custom to the new market, had held out the lure of better terms,
by affording accommodation for stalls without exponce. Whe-
ther, after having, established the market, he intended to remu-
nerate himself by taking toll, could only be matter of conjec-
ture. But no man could take these steps, so obviously de-
signed to injure the market of the lord of the manor, without
subjecting himself to an action. Mr. Scarlett then proceeded
to quote a case in point, which was argued before Lord Mans-
field upon an argument on a special verdict, and which in all
its features very much resembled this. It was a case in which
the party had taken pziecisely those steps which Mr. Wright
had done—erected buildings and provided accommodations
obviously intended' to draw persons from lord's market, and
the Conn in that case decided that there was a good ground of
action. Notice had been 'given to Mr., Wright that his pro-
ceedings were illegal,;and that if he persisted, an action would
be commenced• against him. Mr. Scarlett said, he- was confi-
dent , -that • this action'Would have a different 'result to, that,
Vrought by-Mr. Lambert, who had become the opponent of the
rights he before so zealously, if not successfully; defended, hay.
ing now got some new lights upon the subject. My client, said
Mr. Scarlett in conclusion, is fully entitled, upon the clearest