The Sun.
London, England, 1826-08-21 00:00:00

CIVIL SIDE.-SIR OSWALD 'ATOSLEY V. WAIVER.

The plaintiff is lord of the manor of Manchester 1 thedefendant
is a fishmonger in that town, who, having a stand in the market,
also sells fish in his own house ; and the question was, the right
to sell fish in any place within the town, except the markets ap-
pointed by the lord of the manor. It appeared from the evi-
dence, that the lord of the manor, so long ago as the reign of
Edward 1., had the right to the tolls and standage of all markets_
within the manor, and also the right of appointing the places
where these markets should he held. On this evidence, the Jury
found a verdict for the plaintiff, and at the time of delivering it,
handed a paper to Mr. Baron Bullock, who tried the cause,
which his Lordship, after reading, handed to Mr. Scarlett, the
plaintiff's counsel. Mr. Scarlett having read the paper, observed,
that the plaintiff would be happy to attend to any communication
coming from so respectable a quarter. It was understood that
the paper contained an opinion of the Jury, that the right should
not be enforced.

BRISTOL, FRIDAY, Au.. 19.

MACKIENZIZ V. HANCOCK.

The plaintiff is a Lieutenant in the Army, and the defendant
keepe.the Angel Inn, at Warminster. The action, was brought
toirecover damages for breach of contract in the sale of a mare bY
the defendanit to the plainti
It appeared that the plaintiff, who was quartered at Bristol in
the month of January, had occasion to go to Warminster on the
25th of that month. Ile drove his own mare in his gig. He
put up at the house of the defendant, where he saw another mare,
which he appeared to like better than his own ; but as he belonged
to a fent regiment, and avowed his ignorance in matters relating to
hone% he told the defendant he must rely upon his warranting the
mare in question to be sound. The defendant assured him she was
sound, and a negotiation, followed, which, in the result, showed
the propriety of that diffidence avowed by the plaintiff with re-
gard to his knowledge of horse-dealing ; for he was actually in-
duced to give his own mare his gig, harness, and 101. in money,
in exchange for the innkeeper's, warranted sound ! He rode the
mare that evening to Bristol ; she was there found to be unsound;
she had convex feet, which it was stated was a circumstance al-
ways rendering a horse subject to lameness. The merely having
this desCription of feet was considered an unsoundness; but, the
mare in question was actually lame.
The plaintiff returned the mare on the following day; hut the
defendant refused to forego the contract, unless he was allowed to
keep the 101. The Jury returned a verdict for the plaintiff with
SW. damages..

The Junax mid he thought those damages excessive.
The Jury said, that, according to the evidence, they estimated
what the plaintiff gave, including the 101., at 501. ; and that the
defendant's mare, which he had in exchange, was worth but 15/.
It was, however, agreed between the parties that the verdict shoul,l
be reduced to 25/.

MOSES ASlA,Aftkits V. 11°8"
The parties in this case Are Jew", residing at Bristol. The
action was for assault end battery.
The scene of action was the synagogue at Bristol, where there
had been a meeting of the !taxiing 'neither. in January last The
defendant, who had previously held the Ace of senior warden,
had been removed; and in ()HIT to insure hi. absence, a bite of
51. had been imposed upon him. This might probably have had
the desired effect, if the Society had the means of enforcing obe-
dience; but as the defendant knew very well they had not, he
attended the meeting in queatien not giving himself any trouble
about. the fine.—A struggle ensued,' and the 'plaintiff receive]
some blows on the head with a stick. This led to a general row
in the Synagogue, and the constables were called in to separate
the various combatants., *horn they found in great confusion,
some running about
with candlesticks after the defendant, and
w
abuse distributed among them all. Of course there as evi-
dence on one side directly conflicting with that which was ad.