The Sun.
London, England, 1836-03-18 00:00:00

CURIOUS HORSE CAUSE.

At the York Assizes a few clays ago, the Court was
occupied great part of the day with the case of " Brogden
v. Alarriot." Mr. Alexander and Mr. Milner were counsel
for the plaintiff—Mr. Creswell and Mr. Greenwood for the
dependant. This was an action of a very peculiar nature,
upon a contract for the sale of a horse. The plaintiff is
Mr. John Brogden, an extensive dealer in horses at Man-
chester ; and the defendant, Mr. Marriot, is an architect
and builder, living at Dewsbury, near Wakefield. The de-
fendant had a horse called Parlington, which was reputed
to be an extraordinary good trotter, and the plaintiff was
introduced to him as a person desirous to treat for the pur-
chase of it. The parties met at the house of Mr. Joseph
Norcliffe, who is also a horse-dealer, living at Ossett, in
the neighbourhood of Dewsbury. Mr. Marriot asked 1751.
for the horse, and Mr. Brogden offered 1501. After some
ineffectual attempts at a bargain, Mr. Marriot said he would
sell the horse on the following terms :—That if it trotted
eighteen miles in an hour, the plaintiff should give him 2001.
for it ; and if it failed in doing this, he would sell it to him
for one shilling. This proposal was accepted by Mr. Brog-
den; and as Mr. Marriot said he was a man of business, and
would have a regular written contract drawn up by an at-
torney, Mr. Archer, a solicitor in the village, was sent for.
That gentleman happening to pass the house at the time, was
called in, and drew up the contract. The trial was to be
made within a month. Mr. Joseph Norcliffe was to be
the judge, and the trotting was to be performed in his pre-
sence. The time was fixed for the 16th of March, the con-
tract being made on the 27th of February, 1835. This
day was subsequently altered to the 12th of March, when
the match was trotted on the Doncaster and Retford road,
being eighteen continuous miles, and the horse was from
four to six minutes more than the stipulated time in per-
forming the distance. The plaintiff then claimed the horse ;
but Mr. Marriott said he would first consult Mr. Archer,
the gentleman who had drawn up the agreement, but
which the counsel for the plaintiff said he forgot to do.
Some subsequent negotiations took place, in wich Mr.
Brogden again offered 1501. for the horse, which the de-
fendant refused to accept. At length, finding all attempts
at a compromise ineffectual, the plaintiff commenced his ac-
tion upon the contract, and claimed the delivery of the horse
upon the payment of a shilling, which, in fact, had been paid
punctually at the time the contract was drawn up. Mr. J.
Norcliffe, in whose presence the trotting match was to be
performed, named two persons to ride for him, the defendant
acquiescing in the arrangement ; they were to accompany
Parlington, each riding nine miles. Mr. Norcliffe was to
be stationed at the eighteenth mile-stone, to see him come
in. The horse
.was ridden by Mr. Marriott's groom, and
Mr. Marriott appointed Mr. Clive, a celebrated trainer, to
ride for him in company with the horse. The match took
place on the 13th March, but Parlington, on the day before,
had drank a pail of water, which unfitted him for that exer-
tion. There was no charge of foul play, the horse broke
out in a gallop only once, when the groom was ordered to
turn it round. The plea on which the defendant justified
his non-delivery of the horse was, that the match was not
run according to the conditions of the contract, the horse
not being trotted in the presence of Mr. Norcliffo, who
ought to have had it in view durinc, the whole time. On
this ground Mr. Creswell contended that the plaintiff ought
to be nonsuited.

Lord Denman was of opirion, that Mr. Marriott's having
consented that the two persons named by Mr. Norcliffe
should accompany the horse, and that he was to be at the
last mile-stone, was a sufficient satisfaction of the contract,
but he gave Mr. Cresswell leave to move for a nonsuit if
the Court above should be of a different opinion. The
horse trotted eleven miles of the distance at the requisite
speed, but lost the four or five minutes in the remaining
seven miles.

.....
yv.Mr. Alexander proposed several times during the cause
to give 1501. for the horse, which Mr. Cresswell said he
would accept if his friend would withdraw a juror.
Mr. Alexander said Mr. Brogden having offered to pay
1501. for the horse when no expenses had been incurred,
it was not fair to make his client pay those which had been
incurred since, as they were the result of the defendant's
own obstinacy, and he should therefore decline the offer.
Ultimately a verdict was taken for the plaintiff—Dama-
ges 180/., subject to the objection taken by Mr. Cresswell
upon the variation from the contract.

REGISTRY OF WILLS, &c.—A memorial has been
put in circulation in this town calling attention to the intended
measure for the consolidation of the Ecclesiastical Courts, the
effect of which will be to transfer the business now done in
provincial Courts, and, as it were, upon the spot, to one cen-
tral Court, sitting in London. One advantage obtained by
this alteration would doubtless be unity of plan and facility
for observation ; but this, we think, would be greatly overba-
lanced by the attendant disadvantages, in inconvenience, ex-
pense, delay, and a variety of other points, which ought not
be risked without some very real and considerable benefit in
vi ew. Liverpool Courier.
NEW POOR LAw.—ln reference to the introduc-
tion of this measure the Brighton Guardian (with whom we
need not say we do not concur on this question) expresses
great apprehensions that a very long season of contention and
ill-blood is dawning upon the parish, and that the introduc-
tion of the New Poor Law into Brighton will be the begin-
ing of strife and evil:—" When the Bill was first brought into
Parliament, we reprobated its principle and protested against
the continental system of centralization which takes from the
several separate and distinct communities of which a Nation
is composed the controul and management of their own do-
mestic affairs. The town also met and took the same view
of the question, and petitions against the Bill from the inhabi-
tants in public assembled as well as from the parochial body
constituted under the Act were presented to the Legislature.
These petitions unfortunately failed in their intended effect,
and the obnoxious Bill was passed into a law ; and we ob-
serve 4 at the time, that as the administration of the new sys-
tem must in a great measure devolve upon the people, not-
withstanding the controul of the Poor Law Commissioners, it
behoved the people to counteract as far as possible the vices
of the principle on which the new law was based, by their wis-
dom, moderation, and humanity in carrying its provisions into ef-
fect. With respect to the treatment of the poor in the work-
house, the Poor Law Commissioners say that the parish-fed-and
lodged pauper ought not to be " better off" than the inde-
pendent labourer. As an axiom, we agree with the Com-
-missioners ; but we differ from them in this particular,—that
while they seek further to depress the pauper, to make him
sink below the miserable state of the independent labourer, we
would raise the latter above the level of the pauper. To this,
therefore, we hope the electors will pledge all candidates for
the office of Guardian—that the diet and comforts of the
Brighton workhouse shall be taken as the standard of what
it is our duty as men to provide for that unfortunate portion of
our fellow-creatures who stand in need of parochial relief."—
[ln this benevolent hope we most fully participate. An ample
and proper provision for the poor and needy ought to be
always most religiously attended to by the Guardians of
the poor.]

A, specimen was caught this week, on the rocks
near \Vhitchaven, of that rare and singular fish, the Great
Forked-beard, or Forked flake, the Phycis Furcatus of
Fleming and Cuvier, and Barbus Major of Ray.

NEWS FROM THE HILLS.--I write this from the
north-east corner of the base of Queensberry. During the
greater part of the winter we have had alternate frosts and
thaws, almost every twenty-four hours, and sometimes within
a mucht shorter space of time, which tends greatly to deterio-
rate the winter-keep on the hills. Tuesday last was the only
day which had the appearance of spring since the season came
in, and the spirits of both master and shepherd revived ma-
terially; but " their sorrow returned with the dawning of
day," for again on Wednesday morning the hills were
closely enveloped in their wintry shrouds, and the whole at-
mosphere still and dark with the thick-falling snow, and con-
tieued so until the morning of Thursday, when it again cleared
up, and set in frost towards evening. Up to the time that I
write (Friday afternoon) there is no prospect of any imme-
diate change, yet the day has been a good one ; but owing to
the depth of the snow and the intense frost of the preceding
evening the sheep are getting very little food. It is freezing
keenly just now, and should it continue for any length of
time, the consequences will be severely felt, particularly in
high districts.—Dumfries Courier.
SCOTCH THRIFT AND IRISH IMPROVIDENCE.—
A striking example (says a Scotch paper) of the improvi-
dence of the inhabitants of the south-western districts of
Ireland has been recently related. During the last month,
Galway Bay has been visited by a most plentiful shoal of
herrings, which were caught in such numbers as would, with
proper precautions, have enriched for a year thote employed
in their capture. The fishermen, however, although it was
the usual season, were unprovided with salt, and have had to
purchase what they used at such prices as must have swallowed
e ilro
sptr.o fi ts ,
Many ando
fa
tgrh
ee ai
institutions
sqt
iutauntitoi quantity_ ooff the
Ireland,fish hnaso
doubt, stand in need of reform, but without some change in the
1 other alterations will fail of complete
habits of the people, al
buepenneaalrtloyffaeltlbtehr
success.

,yiARCH 18, 1836.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, MARC!! 17.

The LORD CHANCELLOR took the Woolsack at the usual
hour.
Mr. BERNAL, and others from the Commons, brought up
the Ist, 2nd, and 3d Report of the Select Committee, ap-
pointed last Session to enquire into the nature and ten-
dency of Orange Lodges, with a copy of the evidence so taken
by the Committee. The lion. Gentleman also brought up
the Pensions Duties Bill, and the Spanish Slavery Abolition
Bill.

BUILDING WORKHOUSES.
The Duke of WELLINGTON presented a petition from
Manchester and Salford, complaining of the additional duty on
Spirit Licenses ; also one from the Guardians of the Poor of a
parish, the name of which we did int hear, praying for an ex-
tension of the time for paying advances made for building Work-
houses.
Lord ELLENBORO UG II had heard it reported that the
Government intended to bring in a measure for extending the
time in such cases. He would suggest that it ought to be
done without delay, as many of the Guardians refused at pre-
sent to undertake the expense of building proper Workhouses.
Lord MELBOURNE said the matter had not been finally
decided upon. Whenever it was he would state it to their
Lordships.
Lord LYNDHURST presented a petition from the mer-
chants and other inhabitants of Truro, in favour of Mr. Buc-
kingham's claims. The Noble Lord then presented a Bill for
amending the law relating to the transfer of real property ;
and one for amending the laws relating to executors and ad-
ministrators. He, with their Lordships' permission, would
have the Bills read a first time, and would state the details of
the Bills when moving the second reading.
Lord LANGDALE presented a Bill for improving the
law respecting wills. He would take the same course as the
Noble and Learned Lord, and state the nature of the Bill on
moving the second reading.
The Bills were then severally read a first time.
ECCLESIASTICAL COURTS' BILL.
The Earl of FALMOUTH presented petitions from Bod-
min, Penzance, East Lowe, Lostwithiel, and several other
places in Cornwall, against the Probate clause in the Eccle-
siastical Courts' Bill, and took that opportunity of objecting to
the Bill being made applicable to Cornwall.
MUNICIPAL REFORM BILL (IRELAND.)
The Marquis of LANSDOWNE presented a petition from
the City of Limerick in favour of the Municipal Reform Bill
for Ireland, and praying that 1,0001. might be inserted in the
Bill as the amount of the qualification.

PROTESTANT DISSENTERS.
The NOBLE M6RQUIS also presented a petition from the
Ministers and members of the congregation of the Independent
Denomination of Southampton, praying for the relief of the
grievances under which they laboured.
CHURCH OF IRELAND.

The NOBLE MARQUIS then presented a petition from the
City of Cork, praying for a Reform in the Church of Ireland,

SPAIN.

The Earl of ABERDEEN gave notice that he should to-
morrow call the attention of the Noble Viscount at the head of
his Majesty's Government to the state of the war in Spain,
when he should be prepared to submit a motion to the House
on the subject.
NEW HOUSES OF PARLIAMENT.

The Marquis of LANSDOWNE laid on the table the
Report of the Committee appointed to consider the best plan
upon which to rebuild the two Houses of Parliament, and
moved that an humble address be presented to his Majesty,
praying that his Majesty would be graciously pleased to order
further enquiry to be made respecting the plan marked 64, re-
commended by the Commissioners in their Report, and the best
mode of carrying the same into execution.
RAILWAYS.

The Marquis of LANSDOWNE gave notice that he
should to-morrow move that a communication be made to the
House of Commons, requesting a copy of the report made by
that House respecting the precautions necessary to be taken
with regard to the introduction of Bills respecting railroads.
The Marquis of BUTE presented a petition from Merthyr
Tydvil against the Probate Clause in the Ecclesiastical Courts
Bill.—Te House then adjourned.

HOUSE OF COMMONS, MARCH 17.

The SPEAKER took the chair at the usual hour.
Mr. O'CONNEI.L appeared shortly afterwards in one of the
side galleries with a shamrock of enormous demensions in
his hat.