728 
THE GARDENERS’ 
CHRONI 
CLE. [Ocr. 14, 
gathering when staying with the Duke of Leeds, at Mar 
Lodge. The attendance of the aristocracy connected with 
Scotland exceeded the meeting last year ; and at the dinner, 
on Thursday, above 80 noblemen and gentlemen were 
present. On Wednesday and Thursday the competition 
for prizes for the athletic sports peculiar to the North 
took place, viz., throwing the hammer, jumping a height 
and distance, tossing the cabbar, putting the stone, foot 
racing, dancing, and playing on the bagpipes, pibrochs, 
strathspeys, &c., for which the contention was most 
spirited. There was a rifle sweepstakes, in which Prince 
Alexander, Baron Sloct, the Marquess of Douro, Lord 
Lovat, Mr. Russell, Mr. Cluny Macpherson, Captain 
Ross, Lord Gifford, and Mr. Grant entered. The contest 
was regulated at four shots each, at a distance of 100 
yards. Baron Sloet, Aide-de-Camp to the Prince, was 
the successful competitor, the shooting being as follows :— 
His Royal Highness, four shots, 114 inches; Baron Sloet, 
108; and Mr. Russell, 11; so that the stakes were 
gained by only 3. 
Lab. 
w of Landlord and Tenant.—The history of a case Sees v. 
Morrae) which was decided last Hilary Term, affords an 
yin regard to the use and occupation of houses, whieh it 
muy be cere to record in a connected form. !t was an action for 
use and etic M4 recover the balance of five weeks’ rental of a 
furnished house. ‘The defendant pleaded the general At the 
trial before Lord Abies Y, an agreement in writing was proved a 
follows :—*‘ Brighton, September 14th, 1842. Mr John Smith, of 
‘ames’s-street, agrees to let, and Sir Thomas Marrable 
agrees to take the house, No 5, aati) at the rate of 
eight guineas per week, for five or six weeks, at the option of the 
said Sir Thomas Marrable. Stan eal Thomas Marrable, gies Seay 
The rent to commence on the 15th of September. J 
Defendant entered on the occupation of the house under te Ae 
Sept. 16, 1842, and on the following day de! fendant’s 
intiff that the house was infested with bugs, and a 
person was sent by plaintiff to try and get rid of oe ba Lady 
Marrable not finding the means nied foe that ssful, 
wrote to the plaintiff's wife as follo 5 Broubwisk 
place, September 19, 1842. L Minrrabis He Mrs Smith, 
that it is her determination to leave the house in Brunswick- 
place as soon as she can take another, paying a Piece 's rent, as all 
the bedrooms occupied but one are so infested with bugs, that it is 
fone impossible to remain. On the completion of the week, 
endant sent the key to plaintiff and removed into another house. 
Thejodee told thej Jay that in point of law the house must be taken 
to have been let on the implied condition that it was my for habita- 
tion, and that if they thought defendant had left the house on 
account of the nuisance being so intolerable as to rake | it uncom- 
fortable to livein it any longer, they ought to find for defendant ; 
but if they were of opinion n he had left merely Decause he preferred 
another resid nee, marie bugs an excuse for leaving plaintiff’s 
hi la verdict for plaintiff.” The jury 
y Term, Mr. Hayward moved for a 
new trial ea a the ground of elireleions aati cbetp le improper recep- 
tion of evidence. The second ground was supported by technical 
arguments cei The first amounted to this:—the nuisance com- 
plained of by defendant is no defence to the action, which was founded 
ritten, a, serecgee: nt, ani it really existed should haye been 
rhject of a cross ac fe ey em n Parke, in giving judg- 
the first question is whether, in Beit oflaw, every person 
who lets a house must be taken to have done so under an implied con- 
is in a habitable state. Now there isa case of Edwards 
v. Etherington, Ry. § Moo., 268, which is very nearly in point. 
That was an action of assumpsit for use and peat against 
a tenant from year to year, who had quitted without ni and the 
defence was, that the’ premises were, by reason of their diapidated 
sae fe eee defendant, and unfit to reside in. Tenterden 
hel to be a good def tence, sand told the jury, that Slight cir- 
Saaeiathey would not suffice. tt that such serious reasons ees 
exist as would justify a tenant re fentititg at any time, and that 
for them to say whether in that case any such did exist.”” Baeas trial 
was afterwards moved for, on the ground of misdirection ; and the 
Court of Queen’s Bench refused to disturb pA verdict. Thereis alsoa 
case of Collins v. Barrow, 1 pus § Rob., 112, in which a party who 
had taken a house under a written agreement, by which he was 
to occupy it for three years, be qui uitted at the cepratigh of six 
months without any notice, and the landlord had brought an ac- 
tion for use and occupation, to recover the rent accruing after 
that time. The defence was, the house was unfit for occupa- 
tion on account Be finsufficient drainage; and r. Baron 
not see that the fact of the tenancy in 
he eens agreement is material, In an; 
case the ténant ip bound to pay ai one the time for which he 
has contracted, unless he sati e jury that, under the circum- 
stances, he was justified in aiatitienes 1 think, however, that in point 
of law he alg be free from his obligation to reside on the premises, 
3 
& 
if he makes out, to the Tear chonOE the jury, that the premises were 
noxious and eeelslesbtie to reside in, and that this state arose from 
no default of his own.” These cases quite warrant bis position, that, 
a tenant may immediately relinquish his tenancy 0 ‘ouse which 
is incumbered with a nuisance of so serious a nature ‘as to make it 
wnrueceieble and unfit to livein. There was no contract in this case 
's part, that the house was {ree from the nuisance; the 
sein was by defendant, that he would take the house of plaintiff 
rtain rent, and then’ ae law attaches a condition that the house 
shall be in such a fit state as for the description of house might be rea- 
sonably expected. In this vi view the other judges concurred, Lord Abin- 
ger saying: —‘‘ I am glad that authorities have been found to support 
this defence, though, for my own batts I think the case one which 
common sense alone should euable us to decide. A man who ee te 
ready-furnished house, does sv on implied condition or obligati 
that it is in a fit state for occupation. Suj e the defendant ee 
discovered the fact, that previous tenants ee quitted the house in 
consequence of a person having recently died there of the plague, 
would not the law have justified him in leaying as soon as he bees 
vered the fact? I entertain no doubt on the subject; and in this case 
I only wonder that defendant remained so long, and gave the Thndlord 
so much opportunity of trying to remove the nuisance.” The Court 
was against Mr. Raywars on the, second ground ae and the rule, 
therefore, was refused. This J a 
well as to a fieented house. 
K ee 
Newmarket Seconp Ocr 
cm oc UE of 20 sovs each, for sriieee 
Asubs. att’s Pine Apple, 3 yrs, 7st 131bs, beat Lord Exeter's 
Praulin, ay 7st dibs, and Me Phillimore’s Syntaxina, 5 yrs, 
Sst 7ibs. 500. yor three-year-olds, 7lbs ; four vest 8st 7lbs ; 
i AF. Mr John Day’s 
. s Robert de Geriain: 4 yrs; 
Colonel Peel’s Garry Owen, 6 yrs; Mr Pettit’s St. Francis, aged ; 
Mr F, Clarke's Priseilia Tomboy, 4 yrs; and MrChaplin’s Ear) 
ayrs. Sweensta vs each, for two-yr-olds, S 5 
Lee 8st 4Ibs; fear 8st 12ibs; five, &c., gst 2ibs. us ‘Y.C. 
c. 7 subs. Lord G. Bentinck’s 
My r Watson’s f by Achmet, out of 
Misnomer, 2 vig 2 Ws Cameleon m, 5 yrs; and 3 others 
who were not placed. Fifty Powdes ge tro. nae olds ; colts, 
gst 7ibs ; and fillies, Sst 5lbs. T.¥.C. mearnicg 
Rein beat by 3 lengths the Duke of Rakes Gienaline, Lord 
Verulam’s f by Liverpool, out of Crocard, and 8 others who were 
not placed; but the Duke of Rutland claimed the race, on the 
ground that the winner was a thtee years old, and not entitled to 
ron for a two-year-old plate. After the race, Running Rein was 
backed for the Derby at 1,000 to 25, ies LAs of 100 sovs 
el hft, 8st 7lbs, each D.M. (3subs.) Sir R. Bulkeley’s Bishop 
mford’s colt, beat Duke of Rutland’s Minotaur cleverly by a 
Teague Matches.—Lord Stradbroke’s aes, Diddler, sot 8ibs, 
beat by a neck Sir R. W. Bulkeley’s b f, b Middleton, 8st, 
both four-yr-olds. T.Y.C. 100, h ft. Mr. Thorn’ pte) 
8st EPs beat by 2 lengths Mr W. S, Stanley’s Cowslip, 8st 71bs. 
D.M.; 200, h ft. Duke of Bedford’s 2 ae 8st 7lbs, beat by a 
Rot ford ae 's f by Liverpool, o Mecca, 8st 2lbs. a 
halt of Ab. M.; 100, h ft. Duke of Bedfora’s Oakley, beat b: 
teueh pera eters Celia, 8st 7lbs each; T.Y.C. 200,h (t. Lord 
Orford's agst Lord Maidstone’s ‘The actor, 8st 7ibs 
each; D.M. me h ft. Off by consent. 
received ft from Capt. Rous’s Shiels Eleanor, 7st 101 
Lord G. Bentinck’s Farintosh, 8st 7lbs, received ft "trom Lord 
Glasgow’s Sister to Pathfinder, 8st 3lbs; AF. 300,h ft. LordG. 
Bentinck’s Captain Couk received ft from Lord Glasgow’s br ¢ 
«dead) by Retriever, out of his Ardrossan mare; 8st “ribs each ; 
A.F. 200, h ft. Lord Stradbroke's eee 8st sibs, received ft 
from Mr Payne’s Mania, 8st 7lbs; D.M. 
Turspay.—Clearwell Stakes of 30 sovs coe 20 ft ; for two-yr 
old ace 8st 7b 5 eer t 5lb; the winner of f the. July stakes 
7ib ex T.Y.C. casa ) Col Peel’s rfechate beat Mr Wre- 
ford’s he e by ont Mr Goodman’s Running Rein: Mr Good- 
man’s bl f by Camel; Mr Watt’s Voltri, te seven others.— 
Casurewitch Stakes of 25 sovs each, 15 ft, with 300 added by the 
Grand Duke Czesarewitch; the owner of the second horse to re- 
ceive 50 rhe out of the stakes. Two miles and a quarter. 
sabey) Mr Boyce’s Coranna, by Hymen. 4 yrs, 7st 111b, beat 
cI 
Just Published, price 6s. cloth, 
HE HAND-BOOK OF CHEM MISTRY; with a 
complete Index of Reference. By G. H. CAUNTER, Esq. 
London: W.S. Orr & Co.; and W. & R. Coampers, Edinburgh. 
ee NETS, Rabbit Nets, Life Preservers. Pitoe 
Sheep Net nearly four feet high, aa per running yard. Long 
Hare and Rabbit Nets for covert rae , Rabbit catching, &c, 
Nets to enclose Pheasants sa 2d.2) 
ets. Soldiers? Gaeta @, G2, and Tarpauling’ Coats, 8. 6d., for 
Gamekeepers, Watchers, and Farm Servants. 
Tarpauling Capes, 2s. and 2s. 6d. each. Life Waistcoats three times 
ws buoyant a: rages sackets, 8s. 6d. each, Life Belts. 6s. 6d, Life 
Buoys, ease ‘uoys, Causalty Bouys, which spread 14 feet each 
Ree each. ee Renting for Greenhouses, 1s. per square yard, 
Fire escapes.—Ronerr Ricnarpson, Net and Tent maker, 21, 
Tunbridge Place, News road, London. 
SMOKE eerie AND VENTILATION EFFECTED, BY 
SPONTANEOUS ACTION. 
R, JEAKES, 51, Great Russell-street, Russell-square, 
Sole Agent: in London for the Sale of DAY’S PATENT 
WIND-GUARD, by the use of which he guarantees to Cure all 
Chimneys Smoking from Wind, and also to prevent downward 
currents; it is admirably adapted for the Ventilation of Apart- 
EN of every description ; also of Ships, Stables, Dairies, and 
ers, as it ensures a constant change of air; and all its 
pee being fixtures, it is free from noise and not liable to 
derangement ; it also offers no impediment to sweepi ng. Price 
for general use, 30s.; larger size, 458. ; larger sizes, especially 
adapted for ventilation, 60s. and upwards. To be had at 5}, Great 
Russell-street, where it may be seen in action. The attention of 
r Bell's Winesour, 3 yrs, 6st 8lb, and 23 others who were not 
pieced. Won by nae a length.—Royut Stakes of 200 sovs each, 
120 ft, and only 25, &c., for three-yr o' wes’s el 
stone, gst 31>, pea by alength Mr Gomtes’ s Pakeaway, 8st 7 
Duke of Richmond’* $ nena 8st 7lb; and Lord eres 
Antido'e, 8st 71b. = Matchen T.Y.C. Mr Cassidy’s Latona, 
6: bas le Bignold’s Camille, aged, 
7st git ry Greville’s Molly 
Mogg received ft ron Lord Sineeout 3 f by Neal out of 
Miss Whip. 50, h ft, 8st 4lb each, T.Y.C. Lord E. ’sbc 
et Bey Middleton, eae of Dolphin, beat Mr. Boyce’s ar 
Lab Ps —Sweepstakes of 10 sovs each for two-yr-olds, 
7st talbs nd three-yr-olds, Qst ; fillies allowed 3lps, T.Y.C. Win- 
ner to he aan for 807. (10 Subs Mr-Harland’s Dr Hill, 2 yrs, 
beat Lord Exeter’s f by eRe out of Mecca, 
town’s Birdeen, 3 yrs, and 7 others who were not placed, Lord 
Exeter claimed the winner who beat bee alength. Town Plate of 
502, for three-yr-olds, 7st 4lb; four, 8st 41b; five, 8st 11lb; ae 
andaged, gst 11b, M.M. Winner tobe mail for 2001, &c. Mr 
son’s Rowland, 3 yrs, beat byalength Mr J. Day’s Sreraniey! 
4 yrs, Mr F. Walker’sBillingham Lass, 5 yrs, and 5 others who 
were not placed. Brethy Stakes, of 100 sovs each, hi ft, for two. 
yr-old fillies, Sst 7!b. Last three quarters of R.M. (11 Sub: 
sterfield’s Joan of Arc beat Mr Osbaldiston's {, by the 
Saddler, fdetin by Partisan, Col Anson’s The Princess, and 3 
others. The first was a dead heat between Joan of Arc and Mr 
Osbaldiston’s f, and they agreed to divide,— Matches, Lord 
Exeter’s Aliena, 6st 3lb (Abdale), beat by a head poke oF Bed- 
ford’s Currycomb, 8st 10lb (E, Edwards.) T.Y.C., h ft; 
200, h ft. DM Payne’s Touinhy 8st 71b, reeeied: Me from 
Lord Chesterfield’s ‘The Castor, 7st 10lb, 100. Y. Lord George 
Bentinck’s Priuce of Wales, 2 yrs, 7st 7b, beat Lord Glasgow’s 
He Has a Name, 4 yrs, 8st, by a length ei 
Tuurspay.—Sweepstukes of 50 sovs eats, ‘for two-yr-old colts, 
sst 71b; and fillies, 8st 41b. T.Y.C. 3 subs.— Duke of Bedford’s’ 
Espoir beat Lord Exeter’s Crosby. Sweepstakes of 1osovs each, 
for Eye roles 6st 71b; three, 8st S1b 5 four, 8st 1ilb; five and 
i be sold for 3000, 
5 yrs, beat Mr Braith- 
Mr Meiklam’s Philip, 3 yrs; Duke of Rut- 
Lord Glasgow’s f by Velocipede, 2 yrss 
Handicap Plute 
&c. 6 subs. Colonel 
waite’s Gaiety, 2 yrs 
land’s Cowslip, 3 yr: 
and Lord G. Bentinc 
of 1002. for three-yr-olds, &c. A.F. Mr. Herb 
7st 2ib., beat Lord Exeter’s dey ae ae 4 vhs, 6st, and 13 others 
who were not placed, Muatches—Mr. c by Touchstone, 
out of Vat, 8st 7lb, received it from ral Glasgow s toy Voltaire 
out of Snowball, 8st. T.¥.C. 200, . Lord G, Bentinck’s 
Devil to Pay, gst {is rea Lord Glasgow’s f by Retainer, out 
of Purity, 8st 7lb. T.Y. . Lord G, Bentinck’s All round 
my Hat, 8st 71b, beat oral Glasgow’s plocipede out of 
Amulet, 8st 3lb, T.Y.C. 200. Lord Glasgow’s f by Retainer, out 
ist 1ilb, need ft trom Capt. Rous’s La vy 
Eleanor, 3 yrs gst. T.Y.C. hft. Colonel Peel’s Garry Owen, 
8st 2lb, received “te. from Nord Glasgow’s He has a Name, 5st 
1olb. T.Y.C. 100 b ft 
MARK LANE, Fripay TOBER 13. —The arrivals of all 
descriptions of Corn have eon small during the week, and the 
few samples of Wheat fresh up for this morning’s market realise 
the prices of Monday last: the demand for Foreign is limited, 
and its value unaltered. Barley, Peas, and Beans, are taken Off 
freely at our late quotations. ‘Vhere is an improv: ed inquiry for 
new Oats, and old must be noted fd. dearer. 
BAITIEN, REE IMPERIAL QUARTER. 8. 
Wheat, Bavox, Kent, and Suffolk . . White “a to'68 
——— ‘Norfolk, Lincolnshireyand Yorkshire. 
ting and distilling 
8. 8 
44 to51 
Oats, Lincatnehire ‘and Yorkshire... Pol Feed | 16 to 
==" Northumberiand and Seoteh «" .'.". Feed mato 17 to 25 
<a isis Pe er Sea Hae Potato 16 to 24 
oa, Mazagen, old ‘and n att b2'to'27" "Tick ‘22 to 29 Harrow 2510 32 
igeon, Helig land 
Peas, wise ote 
Sanat, — to — Longpod — to— 
30 t032 Grey 28 +030 
WEEKLY IMPERIAL AVERAGE! 
+ {Wheat} Barley.) Oats 
Sept. Deas es ail} 20 5 
ner mane cetete|| 53 4 19 7 
15 . . . 50 10 5 18 10 
Paleo +| 23 2| 18 
Sa*f9p call 4| 1710 
Oct. 6 . ot 50 2 17 10 
ie pet een i 
Gweeks’ Aggregate Aver. 51 2 31 2/ 1810 
Foreign Duties . .! 19 0! 70! 8 0 
ARRIVALS THIS WEEK, 
t Barley ate EFlour” 
2160 = 1699 2520 Sks 
19830 
2940 4600 — 
£ OF THE W Paice 
5 shire, den 
J. Bennet, Shifinal Shropshines dnvskies 
pant. J+ Mallett, 
Salter, Manchester and 
pee 
Harrison, St ae ‘ood 
Missenden, Bue ty 
mmission-agent+ Stockton upon~ Durie, 
ny 
oe 
Whidborne, Liver; ais “cheimiat and druggisr- “y, Smalley, 
Sheinton, Nottinghamshire, iron-founder. 
eS 
$.—On the 9th, at ene aay Lodge, near Manchester, the lady of 
Wiliam Rayner Wood, Baq., of @ 40 - —On the ‘wits the Indy of John Harman, 
Esq., Chester-square, of of a dau; ghee —On epee t No. 9, Park-vresvent, the 
lady of the Hon. Baron ‘Alderson, of a daugh 
IAGES.—On the 10th inst., at St. 
inault, Hall, 
Chareh, Picendilly, Maj. 
malate of Hain ather 
Mia est daughter «f the late Da 
Farnham, Yorkshire, the 
‘ood, France 
stable Pre Bedford 
Hyde Fark, Sarah: 
DEA 
relict of the 
shire, aged 90 
Widow of the late John Stafford, Hsa., of Scot 
Architects, Builders, and the trade in general, is especially invited, 
OWLAND’S ODONTO, or 7 Prarn Denrrrrice.— 
A Vegetable White Powder prepared from ae Herbs 
of the most Delicious Odour and Sweetness, and free from any 
ae iis or pernicious ingredient—it eradicates Tartar from the 
moves decayed spots, preserves the Enamel, and fixes 
the as firmly in their ey rendering them beautifully 
eradicates Scurvy from the 
ND’S ALSAI 
Peters tiay Toothach, Gum- ic Swetled Faci ath: it 
an exce' ae fe omachic, in cases of irlatuleney; 'Spusmodic Affec- 
tions, §e.. a gives instantaneous relief.—Price 28. 9d., 4s. 6d., 
and 10s. ba. et bottle. 
Norice.—A. ROWLAND & SON, 20, HATTON-GARDEN, 
NDON, is engraved on the Government Stamp, whic 
pasted on each article; also printed, in red, on the wrapper of 
the latter. Sold by them, and by Chemists and Perfumers. 
TO GARDENERS, FLORISTS, AND OTHERS. 
HE ADVERTISER having a large quantity of Box 
now in good order for transplanting, wishes to meet with 
the above persons who have the following plants to exchange 
with him :—viz., Roses, Pivks, Picotees, Carnations, Auriculas, 
and Geraniums. Should this meet the eye of any person wishing 
for further particulars, apply to F. rtd at Mr. Street’s, Bookseller, 
11, Serle-street, Lincoln’s ia Fie! 
TO NURSERY MEN, GENTLEMEN’S GARDENERS, &c. 
"HE ADVERTISER wishes to meet with a competent 
Person to join him as Partner in taking one of the oldest 
established Nursery and Seed Establishments in the vicinity 0! 
London, The present is a most eligible opportunity for avy 
person desirous of entering the Trade. ‘urther information 
given by addressing a line to A. F., care of Aeaare PROTHEROE 
and Morris, Leytonstone, 
Ao, VACANCY has tiecnined in a London Seed-house 
for an active respectable young man of good address, and well 
acquainted with the business, who will be required to travel. Appli- 
cations to be addressed to A. B. C., 48, Coleman-street, City. 
“WANT PLACES.—All Letters to be phortipaitd 
§ HEAD-GARDENER.—A Gentleman who is about 
{o part with his Gardener, would recommend him to any 
amen ae peugeman _ teouleing the services of an Active 
eady married Man, aged 
tihmens, ant has had ae ‘practical experience in every bi 
of his profession.—Direct to A. B., Mr. Wood’s, Hyde, Middlesex: 
S GARDENER.—A middle-aged married Man, 
without family, who understands his business and the care 
of land, and whose character will bear the strictest inquiry.— 
Direct to T. W., Post-office, care of Mr. Luoyp, No. 1, Dorcas 
itace, H Hammersmith, 
abil siebacie Oes 
E . AS, GARDENER —A a4) Man, 34 years of 5B 
edge of the business in all i 
ion - Gardeners in large e es Bre 
blishments in Cheshire and Lancashire, Can have 4 years’ charactet 
from the gentleman he last served.—Address G. O., care of Mr. Je 
BAMILTON, Gardener, Thornfield, near Swear 
face having be 
S GARDENER.—In a single or double-handed 
a married man, aged 38, who has a thorough know: 
a 
recommenda 
Apams, Send iy Ripley, ‘Surrey. 
Ae GARDENER.—A married Man, 
who perfectly understands the whole routine of Forcing, 
a Flower Garden, with the management of Woods, 
nd the geet: In regard to character for sober 
ana ndu very satisfaction will be Unters to A. 
care of Mr. in Watson, Gardener, Alnwic! 
ein pa 
GARDENER.—A married Man, aged 29, who Bi 
had great experience in Forcing, in all its branche hell 
3 with the s 
and Flower-Garden, Foreing of Nowe &c. The highest teat 
monials can be obtaines 1 respect haracter and abilities york 
his former employe Address, A Post-oftice, Bedale 
NER ae eka dA 
e 
A iS) GARDENER and 1 FORESTER.—A middle ee 
single Man, who has had considerable experience ar es 
branch of his profession, Would not ob lece to Suet ect tO 
eee department, 0 ay scal 
P, C., Olive Mount, Wavertree, Pivernoo! 
——— 
eet, io 
3: n xs, Lombard-street, Fleet-stre ety 
meat , ra ange aay mae ty roy 
aa i eLES- STREET, COV Ganpsn, in the County ol bar 
ah te on, By CHARLES EEN i and Communications are to be addres 
to the sree Ade ‘October 15, 1843+ 
renee 
aa om 
ered 
Ser 
