Star.
London, England, 1822-04-29 00:00:00

TO TIIE BIBLE.

Forth to the world, dear Book ! and far and wide,
To panting nations mil thy crystal tide I
Wherever Error clouds the mental sight,
Wherever Guilt retires to shades of alight,
Wherever Misery sighs, but sighs in vain,
Or sad ellipticity bedews her chain,
There let thy healing streams, all blest of Goo,
From bonour'd Britain (his belov'd abode)!
Their influence spread, aisd pout'd in Mercy round,
Like thy eternal FOCPUIP ksinv no bound !

COURT OF COMMON PLEAS, APRIL 27.

NOVEL, AND IMPORTANT CASE
THE HORSE SATOLZNSKO.
Mr. Serjeant PELL said, that the plaintiff in this
case was Nathaniel Garland, Esq. and the defendants,
Joseph Jekyll and Thomas Cunningham, Esqrs. trus-
tees under the will of the late Sir Charles Bunbury,
Bart. The action was brought by the plaintiff, as
Lord of the Manor of Park Ilall, Essex, to recover a
considerable sum of money, the produce of horses
sold at-TattersaU's, the property of the late Sir Chas.
Danbury, in right of his Lordship, as heriots for a
copyhold estate, in which Sir Charles had a life into.
rest. The copy hold estate held by the late Sir Chas.
Bunbury was a very small one, and had in conse-
quence of the form of transmission, once adopted be-
tween one sister and another, been made divisible into
fourteen separate parts, and the real question was,
whether the Lord cf the Manor did not thereby, upwt
the death of the holder's life-interest, become entitled,
not to one heriot, according to the original form of
the copyhold, but to fourteen, in consequence of its
foul teen subsequent divisibilities? Sir Charles Bun-
bury, it was well known, was a Gentleman who kept
up a very large and valuable stud of horses. At the
time of his death he had 22 valuable horses at his
grazing farm of Barton, in Suffolk ; and he had be-
sides a most valuable race-horse, called Smolensko,
who was in the care of a Gentleman in the north of
England. Smolensko, with thirteen other horses,
were sold at Tattersall's after the death of Sir Charles.
The racer brought 1300 guineas, and an action was
brought by the Lord of the Manor to recover the
produce of that sale, in virtue of his right to the 14.
heriots. The Jury found a verdict for the plaintiff,
czclnding the value of Smolensko ; and his present
application was fur a new trial, on the ground that
the exclusion of that horse from the amount, was
against the evidence upon which alone the Jury were
bound to decide. In making this application, he was
perfectly aware that the Court would, from the na
ture of the claim, extend to him no relief unless the
demand was clearly imperative in law, and such as no
private consideration could evade. The special case
now before the Court was, whether or not Smolensko
ought, according to the evidence, to have been in-
cluded for the plaintiff as one of the fourteen horses
to which he was entitled as heriot? He knew that it
was extremely hard upon a Gentleman who, in igno-
rance of law, became possessed of a small copyhold
property not worth more than £2OO or £3OO, to be
subject, in a claim of heriot, to a demand, exceeding
by many hundreds of pounds the whole value of the
titioybold in virtue of which the heriot was made.—
That to consider the nature of the case. The .rury
found a special verdict in these words:—" A verdict
for the plaintiff for the produce of as many heriots
its the Court thought he was entitled to, from the
farm of Barton, in Suffolk, because Herries, when
he went to look, said he had seen enough there:—
This Herries was the messenger sent by the Lord of
the Manor, after the death of Sir Charles Bunbury,
to inquire into his stud. When he went he saw the
head groom, who gave him an account of the horses,
and he reduced this account to writing in a list, at
the head of which was Smolensko, whom the groom
told him was then (and had been for two months be-
fore Sir Charles's death) in the care of Dr. Clarke, at
Itenybridge, in Yorkshire. Herries was then shewn
t other horses at Barton; and after this, he said
"lie had seen enough," words which, it was clear,
induced the decision of the Jury, but entirely owing
to a misapplication of their intended meaning by the
messenger. It was important for the Court to bear
in mind, that the messenger merely went over to in-
quire respecting the horses, with the view of ascer-
taining the nature of the property on which the he-
riot was to fall, and not at the time for the purpose
of making any particular claim; and the Lord Chief
Justice left it for the Jury to say whether, according
to that evidence, it was intended the iord of the
Manor should make his claim for heriots upon four-
teen out of the twenty-two horses at Barton, or to in-
clude in his claim Smolensko, which was then away;
and the Jury found, as he (the Learned Serjeant) had
mentioned, upon their understanding of the words of
the messenger, who, after seeing the twenty-two
horses at Marton, said he had seen enough. He
thought it quite clear, that the Jury were in this case
actuated by a sense of the amount of the value of
Smolensko, and had decided, in consequence of the
sum, in a manner in which they would not have done
in the case of any other species of right.
Mr. Justice PARKS inquired for what purpose did
it appear on the trial that Herries went to the farm?
Mr. Justice RienARDSON.44 Did he go to make a
particular claim of heriot, and did he fix upon any,
specific 14 horses?* •
Mr. Serjeant Nu. replied in the negative, and
said that be merely went, watcertain what horses
were there, preparatory to making the claim of
• heriot, and he put down the name of Smolensko at
the head of his list. Ile was, as it were, the fore horse
of the team, and the Jory had manifestly acted under
a mistaie, when they supposed he had foregone his
claim goon that saluable horse.
Mr. JastteolikßßOUGH expressed a strong opinion
against granting the Rule.
The LODD CID rir Aimee remarked, that the only
question now was, whether there was sufficient ap-
parent reason to suppose a misfinding of the Jury,
to open a reconsideration of the case ? The point
was not whether the demount was odious, but if it was
attainable at law ?
. The Court, after consultjag for a short time, granted
Mr. Selma Pell a Rule*, thew cause.

YeeterdAy being the Int Ous4l*An Rater Tenn. The Lois
accompanied by several AMerinen,the Sherilthand City !
tillieers, went to St. Paula Cathedral, where they were met by
i.ever.d of the Jwlges, &e. when a Sermon was preached by kis ,
I.eniship's Chaplain. After Divine Service they returned SO.I
the 34.union-licniae, and partook of an ZAtenaihment.