THE FARMER'S MAGAZINE. 



legal or equitable rights affected, ia consequence of the decla- 

 ration. As regards the alleged trespass for breaking the locks 

 and entering the fields to carry away the crops, it is clear, from 

 the cases of Beavaa v. Delahay, 1 H. Bl. 5 ; Boraston v. 

 Green, 16 E. 71 ; Knight v. Bennett, 3 Bing. 366 ; and Grif. 

 fiths V. Puleston, 3 M. and W. 353, that the defendant was no 

 trespasser. But it will suffice to quote the language of Baron 

 Parke in the last of these cases. He says : " The outgoing 

 tenant remains in possession until all is done which he has a 

 right to do in respect of the away-goiug crops ; not merely 

 until the cutting. The case of Beavan v. Delahay is a strong 

 authority to show that his interest amounts to a possession, 

 and not merely to an casement." There will, therefore, be 

 judgment for plaintiff for the value of the landshare, and I 

 assess that value at £21 Sa. 7d. 



POUND BREACH.— RESERVED JUDG- 

 MENT. 



Newport, Friday.— Before J.M.Herbert, Esq., County 

 Court Judge. 



George Wilcox v. John Koberts. — The plaintiff is 

 the keeper of a public pound, and Mr. Lloyd, of the King's 

 Head, having impounded a horse of the defendant's, damage 

 feasant, in the plaintiff's pound, it remained there for three 

 days ; but on the night of the third day it was taken out of 

 the pound by some one, without the leave of the plaintiff, and 

 was afterwards seen in the possession of the defendant. Mr. 

 Lloyd told the plaintiff to demand lOs. for the damage. The 

 plaintiff's fees as pound-keeper amounted to Is. 8d., and he 

 had supplied the horse with food to the value of 83. ; and this 

 action was brought to recover the sura ol 19s. 8d., the amount 

 of these three items. It is quite clear that the plaiatiff has no 

 claim for the damage clone to Mr. Lloyd. It is also clear that 

 he cannot recover his fees by action. The proper remedy 

 would have been an action for the pound-breach; but this 

 action would only lie at the suit of the distrainer. The mode 

 of supplying cattle iu a public pouud with food, and of recover- 

 ing from the owner the value of the food so supplied, is regu- 

 lated by the 12 and 13 V.c, c. 92, ss. 5 aud 6, and 17 and 18 

 Vic, c. 60, s. 1. The first of these statutes, s. 5, enacts that 

 the distrainer shall provide and supply, during the coufine- 

 ment, a sufficient quantity of fit and wholesome food and water 

 to the animal impounded, subject to a penalty of 209. for de- 

 fault in providing such food : aud s. 6 empowers any person 

 whomsoever to enter any pound where an animal ia impounded, 

 and to supply fit and sufficient food and water during tlie con- 

 finement of the animal, without being liable to an action of 

 trespass ; and the reasonable cost of such food and water shall 

 be paid by the owner of such animal, before such animal is re- 

 moved, to the person who shall supply the same; and the cost 

 maybe recovered iu like manner as penalties may be recovered 

 under the Act— that is to say by an order of a Justice of the 

 Peace. Tiie last Act enacts that the impounder, who lias pro- 

 vided the animal with food and water, may recover from the 

 owner double the value of the food and water, in like manner 

 aa peualties may be recovered under the former Act ; and, in- 

 stead of proceediof? so, for the recovery, he may, after the ex- 

 piration of seven clear days after the time of impounding, sell 

 the animal openly in the public market, after having given 

 three days' public printed notice thereof, for the most money 

 that can be got for the same, and apply the proceeds in dis- 

 charge of the value of such food and water, and the expenses 

 of the sale, rendering the overplus (if any) to the owner. The 



remedy of the plaintiff, therefore, in the present case, must b« 

 that provided by the first of these statutes, vix., by summoning 

 the defendant before a Justice of the Peace ; for when a sta- 

 tute creates a right, and provides a specific remedy for the 

 enforcing of that right, the statutory remedy can alone be 

 pursued. — Nonsuit, 



NORTH DURHAM FAT CATTLE, POUL- 

 TRY, AND SONG-BIRD SHOW. 



The first show of this society was, considering the difficul- 

 ties which the committee had to surmount, in every way suc- 

 cessful. 



The judges for cattle, sheep, and pigs were Mr. James Doug- 

 las, of Athelstaneford ; Mr. W. Raine, Morton Tinmouth 

 and Mr. W. Duckmanton, Cleaaby. The show of cattle, al- 

 though not large in numbers, was of a quality that has seldom 

 been surpassed at any local show in the kingdom. The win- 

 ner of the first prize in class 1 was a magnificent ox, the pro- 

 perty of Mr. John Smith, of Normanby, Kirby-Moor-Side, 

 York. He is an animal of great constitution and immense 

 substance, but is deficient in levelness at the top. He is ex- 

 ceedingly massive, and carries a large amount of heavy flesh. 

 The second prize in the class was awarded to Mr. Richard 

 Swan, of 44, Eldon-street, Newcastle-on-Tyne, for an uncom- 

 monly fine steer, of good frame, and well finished, bred by Sir 

 Matthew White Ridley, Bart. This animal showed a good 

 deal of the true characteristics of the Shorthorn breed, was 

 more level on the back than the winner, but in other points 

 was not up to the mark of its successful competitor. 



In the second class, for the best shorthorned steer not ex- 

 ceeding three years old, the winaiug animal, exhibited by Mr, 

 James Stewart, Newmarket, Aberdeen, was greatly superior to 

 anything in his class. He is a very excellent animal, two years 

 and ten months old, and would do well to be kept on. The 

 steer which took the second prize (the property of Mr. J. 

 Outhwaite, of Bainesse, near Catterick) was a good useful 

 animal, but too flat in the ribs— in some other respects, also, 

 he was not quite up to the mark. 



But the "gem" of the show was " Beauty's Butterfly," a 

 beautiful white heifer, aged two years and ten months, the 

 property of Colonel Towneley, bred by himself, but from a cow 

 descended from Mr. Booth's stock. Her dam " Beauty," we 

 believe, won the first prize in her class at the Royal Show at 

 Lincoln. She was got by " Master Butterfly," ia a most per- 

 fect specimen of a shorthorn, aud was an object of universal 

 admiration. She obtained the first prize in her class, was se- 

 lected by the judges as the best animal in the yard, and re- 

 ceived the silver cup presented by Lord A. Vane Tempest. 

 She's long in her face, she's fine in her horn, 

 Slie'll quickly get fat without cake or corn, 



Hurrali, liurrah, for tliis beautiful cow ! 

 She's clean in the jaws, and full in the chine, 

 She's heavy in flank, and wide in her loin; 

 She's broad in her ribs, and long in her rump, 

 A. straight and fat buck, with never a hump. 

 Hurrah, hurrah, for this beautiful cow 1 

 .She's wide iu herhifis, and calm in her eyes, 

 Sht'sflne in hershouldcrs, and thin in herthighs, 



Hurrah, hurrah, for this beautiful cow ! 

 She's light in hcrneck, and small in her tail, 

 She'^ wicie in her breast, and Rood at the pail. 

 She's fine in her bone, and silky of skin, 

 She's a grazier's without, and a butcher's within. 

 Hurrah, hurrah, for this beautiful cow I 



In Class 4 the prize was justly awarded to Mr. W. Wilber- 

 force, the Hermitage, Stockton-on-the-Forest, York, for his 

 Shorthorn cow, aged 4 years and 7 months. She was a re- 



