The Sun.
London, England, 1835-04-06 00:00:00

INSOLVENT DEBTORS' COURT•

Matthew Coston, late of Dalston, and a broker of the
Stock Exchange, was opposed by a creditor named Perkins
for a breach of trust, in misappropriating 1811., which had
been given to him in 1833 to purchase stock. The insol-
vent underwent a long examination. His debts amounted
to 1,1001., and his assets to nearly the same, the latter of
which he swore had been spent by his son, since deceased.
He bad given to the opposing creditor a warrant of attor-
ney, upon which he had entered up judgment, but had
taken no effects under it. The Court adjudged him to
twelve months' imprisonment. It was-stated that the insol-
vent, in 1825, was worth 10,0001.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—KrxasroN, ArAIL 4.
BRISCOE V. ROBERTS.

This was an action of trespass. The question at issue
was the right of the plaintiff, John Ivatt Briscoe, Esq., the
late Member for this county, to the title of Lord of the
Manor over the Epsom Race Downs. The defendant, a
tradesman and inhabitant of Epsom, claimed a right in his
character of an inhabitant of Epsom to hold races and
erect booths on the Downs at all seasonable times of the
year.
Mr. THESSIGER observed that Mr. Briscoe, the plaintiff,
reinip.4 o.llf nn .. .
.)•
hike them, and of publicly disavowing certain imputations
which had been cast upon him relative to his object in hav-
ing instituted these proceedings. It had been said, and
rumours had been circulated, that he had been actuated -by
a desire to put an /end to the Epsom races, to deprive the
public of an amusement which they had long enjoyed, by
asserting his title to, and power over, the Downs on which
they were held. He disclaimed any such intention ; his
sole motive was to protect his own rights, and the rights of
those who would succeed him. His title as Lord of the
Manor over the Downs in question was disputed, and he
was therefore called upon publicly,-to prove on what grounds
he claimed. Mr. Briscoe married a datighter of the
late Sir Joseph Morbey, who, in 1771, bocarne the
purchaser of the manor of Epsom. In ancient times,
the manor belonged to the Abbey of Chertsey, but in
the reign of Henry VIII., it was separated from it, and
passed into the possession of Sir Nicholas Carew, who
was afterwards attainted in the same reign. In the reigns
of Mary and Elizabeth several grants of it were made, and
ultimately it came into the possession of Sir Joseph Morbey
under thorn in right of his wife Mr. Briscoe deduced his
title. In 1679, and subsequently, presentments were made
by Juries in inquiries relative to what were the wastes of
the manor, that the Downs on which the races were held
did form a portion of that waste, and in the conveyance to
Sir Joseph Morbey the Rubbing House and the Prince's
Stand were particularly mentioned. The lords of the
manor had invariably exercised their rights over the Downs
by granting portions of the waste, and by allowing persons
from whom they received payment to cut turf and dig
gravel and loam. In 1815 a portion of the soil was leased
to a Mr. Saunders, and in November, 1828, a portion was
also leased to a Mr. Muck, who erected the building called
the Grand Stand, and he always paid ground rent to
the lord of the manor. Two or three years since
seine parties, inhabitants of Epsom, formed themselves
into a Committee, and called it the Racing Com-
mittee, and took upon themselves the right of let-
ting out the land, during the races, to any person who
might be the highest bidder. They claim the right, as in-
habitants of Epsom, Elam a usage of sixty years, to hold
races and erect booths on the " Downs during seasonable
times of the year." Mr. Roberts, who is an inhabitant of
Epsom, rented some ground of the committee during the
races in May and October, and paid the sum of 500 gui-
neas. He proceeded last year to erect booths preparatory
to the races, and Mr. Briscoe, determined to try the right,
desired his bailiff to serve him with a notice not to make the
erection. Mr. Roberts at first said that be laid no claim
to erect booths, but lie afterwards said that he did not care
anything about the notice or the result of thew proceed
ings, as the Raoing Committee, to whom he had paid M)0