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from the ports of Hull and Newcastle across the German | said — for it rests only on tradition--some of these were Ocean? And if it be true, as has been said, that some brought into this country, what was this but a centuries after, a herd of cattle was found there greatly re-importation, what was it but that England had her resembling our native shorthorns, whence may is not own again?
I remain, Yours, &c., fairly be assumed the originals came? And when, as it is
THE PRESENT POSITION OF THE FARMER.
The farmer is proverbially prosperous. Ho has a The authority we have already referred to runs on thus : conventional character to maintain for being well-to- “ Let us consider what thesc high prices have been. do, that has stuck to him erer since “the war.” Just Wheat has been higher than other grain, the crop of as the Jack Tar is jolly, the lawyer learned, and the barley of '56 alone exceptod. Now, will the average soldier gallant, is lie to be associated with the making of wheat for the last 10 years exceed 50s. per quarter ? of money. No matter how much he may complain at if not, there certainly can be no reason for a rise on times, the world always knows bettter. Whatever that score. The fact is, wheat was very dear in 1854. difficulties he has to encounter, we think only of what 55, from the very deticient harvest of '53, which of wheat was fetching a few years ago. Tradition has course is no benefit to the farmer, to receive a high told us how, in eighteen hundred and something, a price for a short crop. I heard of good wheat land Hampshire man drove into his market ordinary with a that year growing only 3 sacks, that usually grows 9 pair of horses to his phaeton, and we never lose sight per acre. Landlords should recollect that high prices, of them. In a word, we are always ready to take the in such cases, are not so beneficial to the farmer as farmer's position at a premium. When he is doing good crops and lower ones.' A short crop of wheat, well we inake the most of it, and when he is doing then, does not tell like a bad hop year, although some badly we say nothing about it.
peo; le really argue as if it did. Even keeping to this There are few, not directly interested in the pursuit, question of price, let us see how much the balance of tho who would care to think it was just now somewbat hard good times has actually been in favour of the producer. times with farmers. On the contrary, the public remem- Let us date it from that golden age which came in with ber nothing but the high prices of a year or two since. Free Trade. Iu our last week's summary of the busiIndeed, to their credit be it said, the tenantry them- ness done, it is thus writteu : “ In reviewing prices since selves have not forgotten them. The turn they had the last Corn Bill came into existence, we find the avestill enables them to hold on. Let there come a com- rago price for the whole eleven years amounts to 559. mercial crisis, and people yield at once to the pressure. 100 , the extremes being 39s. 5d. per qr. in 1851, and It is only in the common course of things that Houses 73s. 1d. in 1856. As the last weekly averages wero should "go” right and left, notwithstanding what they 448. 3d., we are 1ls. 7d. per qr. below this Il years' may have profited by previous speculations. All our average. Now as only one year and a quarter has sympathies are with them. We see and feel what they e apsed since the highest range, the fall in such a course have had to contend against, and commiscrate with of time is greater than has occurred before in this short them accordingly. But the mere cultivators of the period.” We shall be bold to say that, if such a land come in for no such consideration. We only bear change had occurred in the commercial instead of the in mind how dear bread was, and how much they ought agricultural world, we should have heard a vast deal to have saved. And then, again, the weather has been more of its effects. As it is, we must not neglect the 80 much in their favour; another point we are always signs of the times. ready to make the most of. “ Fine weather for you
Amongst the most valuable intelligence, wo cerfarmers,” said a cockney tourist to a friend of ours he tainly regard the monthly County Reports. met in one of his own fields lastautumn.
“ And not
are justified in announcing them as supplied by very bad for you excursionists,” was the apt rejoinder. the best men of their several districts. They appear, People are always patronizing his prosperity.
moreover, invariably in that form in which they are But there is occasionally something far worse in forwarded. No attempt is ever made to dove-tail the this making the most of it. Landlords, and land- opinions in one with that of another. They are, in agents especially, are by no means loath to look always fact, the independent testimony of men fully qualified on the sunny side. We hear, even very recently, of to speak on the subject matter of their communications ; rises in rent, consequent on the visitation of an ex- and it may be well worth our while to sce what their perienced valuer. A correspondent recently referred | latest advices offer on the state of the case. Let us tako to several landlords who last year gave their them as they come, and begin with LINCOLNSHIRE : tenants notice to quit in order to raise their rents, "As to our own supplies, hundreds thrashed their all “the comparatively high prices of the year or immediately after harvest, and it is gone. Beef, two previous having made them uneasy.” The ques- mutton, pork, and wool are all lower in price; the tion is whether the prescut low rates will make them latter not much in request. It is customary to compare feel more easy again? Or, will it be the old story of the early spring stock markets. We find upon the average the boot-maker and his customer--"Well," said the the difference in price as compared with the two prelatter,“ now they have taken the tax off leather I sup- ceding years, in cattle and sheep, is about thirty per pose I shall get shod a little cheaper ?” “No, sir, cent. This is a great depreciation in the value of agri. was the answer, “ I was just about to raise the price cultural produce, and will ere long show itself in many when they did it, so we shall go on as before.” Sume distressing cases of individual suffering. We have seen landlords, perhaps, who were about to raise the price so much of this class of trial and misfortune as to inake will now go on as before; but at most they must be us tremble for one's friends and neighbours, each of content with this.
whom having suffered a loss of one-third of their proAfter all, what is it the farmer has to fall back upon ? | perty in a few short months." Have the opportunities of the last few years been really NORTHUMBERLAND endorses these fears with yet so great as the world at large would appear to imagine ? more startling facts :-" The monetary crisis that
collapsed on the commercial interests of the country in son is now nearly over, and the increase is moderate; November has not failed to recoil on food-producers, in some of the large flocks considerable mortality and wherever rash speculation or the most rigid among the owes has prevailed.” WARWICKSHIRE coneconomy has not been observed, sequestration of effects firms this :-“The fairs have been well supplied with have since Christmas taken place over this once- fat stock, for which there is a slack demand." And flourishing locality to an extent unprecedented, we DURHAM adds :—“Our fat cattle markets have been believe, since the first ten years of the present century: well supplied, and prices have had a downward tenconfidence is shaken to the core, and every business dency. Grazing has not been remunerative; of cattle transaction worked out from hand to mouth.' We that were bought-in in October and November, in many have never disguised our opinion that the profit of the instances their keep has been given away.' farm would be nil. Then we lived in hope of quiet In a yet more noted district-LEICESTERSHIREreaction in trade : our markets, on the reverse, con- “ The price of all kinds of stock has of late been detinue languid in the extreme; every return shows a clining, and is lower than this time last year; yet the downward tendency. Whenever reaction takes place, market for beef and mutton being depressed, the grazier the million will, for a time at least, be dependent on is very cautious of buying at present prices. Fat beef foreign supplies of breadstuff. Granaried corn, we is selling at 5d. to 6 d., and mutton in the wool at 6d. believe, is unusually scant; and looking at the corn in to 7d. per lb.” And, "Wheat has receded in value till bulk, also considering defective yield from our last it has reached a figure at which it is not remunerative crop, the quantity to be realized from the stack is cer
to the grower.” tainly less than usual at this period of the year. Nor
YORKSHIRE declares : “ Fat is plentiful, and bad to can we say much in favour of the rising crop.” From CAMBRIDGESHIRE we have but another echo sell at anything like remunerative prices to those who
purchased feeders in the autumn." of the complaint: “ The price of nearly all farm produce has gone down very much- indeed, too low for
The climax comes appropriately in the concluding the well-being of the farmers, very good wheat selling report of the whole number, that from South Suropat 5s. per bushel, the coarser sorts still lower ; while stire: “The worst symptom at present is the gradual the stock of the farm has greatly deteriorated in value, fall in the price of beef and pork ; mutton is also lower, and the fattening of all animals has been this year a
but not to the same extent. Instances are very nudesperately losing game. There appears a very heavy been fed for five or six months, and sold out recently at
merous in this part of the country where cattle have cloud at present over-shadowing our agricultural prospects; and we take our mark amiss if those farmers less money than they were bought in: indeed, we have who have lately taken their farms at an advanced rent heard of instances where less than the cost-price has do not find out their mistake. We have not an over
been accepted, even though the animals had been kept weening disposition to look at the gloomy side of the
on the best food the farm produced. At our local fair picture, but there is no mistaking the fact that the loss
at Ludlow, on Tuesday last, the top price of beef was of property by the British farmer within the last six or 51d. per lb., and a good deal changed bands at 5d., or nine months (in one form or other) amounts to a most
a trifle over, several of the best lots returning home frightful sum.'
unsold. It must also be observed that the quality of From Berkshire we have, more especially, intelli- the animals shown at the above-named town is firstgence on the present price of stock, all to the same rate, being almost entirely of the Hereford breed." end :-"The trade in beef is extremely depressed, niore A reference to the recent reports of the meat market particularly for inferior descriptions; the general dul- i will show a still further decline. The trade dever ness of trade is also felt in mutton. Fat lambs are looked so bad as it does at this moment. scarce, and great activity in the trade has prevailed Shall we sum all this up? The average price of during the last week. Porkers and bacon hogs meet a corn is lower than has been known for many years. sluggish demand, at receding prices. Veal is also Cattle and sheep never brought a worse return. Good cheaper. The trade in store sheep is dull, and prices manures are unprofitably high; and taxation quite as have given way from 23. to 33. per head. Prime cows heavy as ever. Still the farmer has made the most of just calved sell fairly, but all other descriptions of his opportunities. No one will deny but that within the horned cattle share the general depression. Storo pigs, last few years the art of agriculture has greatly pro. particularly the larger ones, are difficult to sell. Good gressed. All we ask for it is fair-play; more parti. horses of all descriptions sell readily, at about 20 per cularly from those most interested in its advance. Let cent. cheaper than last year; inferior sorts are neg- us hear no more of “harsh cases.” Let us have no lected. There is scarcely anything doing in wool. Hay more sharp practice in raising rents, simply because a continues quite a drug. There is rather more inquiry bad man may be ready to outbid a good ove. Let for straw. Potatoes hold out well, and early sorts for land'ord and tenant pull together, and the Firm will planting have been in fair demand. The lambing sea- ' pull through.
IMPORANT TRIAL.-VERDICT £1000.
SALE OF CATTLE AFFECTED WITH PLEURO-PNEUMONIA.-VERDICT FOR THE FULL VALUE OF THE
MALCOLMSON v. M‘Donough. Mr. M'Donough, Q C., stated the case for the plaintiff. It | ticularly important, as the defendant would seek to involve became his duty to state the various facts and circumstances the case in some difficulty, arising from matters, not of fact, from wbich be asked them to find a verdict of substantial but of opinion. No question was raised as to the existence damages. The action was one of considerable importance to of the warranty. It was a fact which the defendant could not the parties concerned, and the public in general. It was par- | deuy. If a single heifer were diseased, the party could bring an action, and recorer damages for it; but in the present there had not been any complaint from any quarter in refercase the plaintiff sought large damages for the infliction of a ence to them. The plaintiff examined more closely lot No. 11, great wrong. The defendant should show that the cattle and discovered that they could not have been reared by the were all sound, as warranted. The plaintiff would prove that defendant. Some of them had different brands, and some they were not sound; and the case would eventuate in an in- were not branded at all. This lot he separated from the other:. quiry as to the amount of damages. The plaintiff resided in He kept lot No. 11 at the farm to which they had first gone, the county Carlow; he held several grass (arms in the county and be scattered the rest among bis other farms. The result, Kildare. lle possessed 1,500 acres of feeding land. The de- however, was that the infection spread. On the 1st of Novemfendant, Mr. Walter M.Donough, lived near Ballinasloe, county ber, 1857, the plaintiff wrote to the defendant, stating that he Galway. He was one of the most extensive stock farmers in
was sorry at being obliged to inform him that he had four of the county. He held vast tracts of land in Galway, Roscom- the heifers of lot No. 11 very bad with the luog diatempermon, Mayo, and the King's County. In a great degree he that there must have been some disease in tbat lot for a consiconfined himself to the rearing of stock. Upon the 4th of Oc- derable time, although he (defendant) might not have been tober the fair of Ballinasloe began. Upon the 2nd of October, aware of the fact, and that he was preparing to send them by 1857, the plaintiff was at the fair of Moate, and purchased from a float, as the railway company would not take sick cattle in a Mr. Hudson ten large bullocks. Upon the 8th of October, their trucks. The defendant did not answer these or other the day of the sale of black cattle at Ballinasloe, be purchased letters. There was a complete examination of lot No. 11. A the beifers of the deseudant. It was desirable to purchase Mr. Shaughnessy acted on behalf of the defendant. The cattle from one person whose respectability was a guarantee plaintiff eaid that there must have been some disease amongst for the soundness of the animals which he sold. The defendant the cattle. Shaughnessy was rather reserved in his manner, had his cattle separate and apart from others, under the great but he said he was certain the defendant could have warranted wall of Lord Clancarty's demesne, in lots of 30 each. The every lot from No. 1 to No. 10. It would seem that lot No. 11 plaintiff had previously suffered in consequence of having pur- was a mixed lot, which had been collected for the purpose of chased unsouud cattle, and on this occasion he adopted the rapid sale. It was arravged that the cattle should be shipped wise and prudent course of making particular inquiries of the to Liverpool, and disposed of there. A proposition was made vendora, and in every instance insisting upon engagements. to leave the matter to the arbitration of two respectable and Accordingly, he proceeded to the lots of the defendant and experienced gentlemen ; but this was not carried into effect. made particular inquiries whether they were sound. He was On the 27th of November, 1857, a letter was written by the informed that he might rest satisfied, as he (defendant) had plaintiff to Mr. Shaughnessy, telling him that he had been obliged reared every one of them from calves, and he had not a single to ship six of the heifers that day, and three of them on the case of distemper or disease amongst his various laods for the previous day, in all eleven ; and that "it was surely madnerg last two or three years. He was ssked for an engagement, in the defendant not to give instructions to him in refereuce to and he undertook and did give an undoubted warranty. The what he desired to be done with the remainder, as the loss plaintiff purchased two of the lota, No. 7 and No. 8, each con- would aud must erentually fall upon him" (defendant). On sisting of 30 heifers, at £12 153, per head. With these lots he the 28th November, 1857, another letter was written by the did not find fault, because he coueidered that the disease was plaintiff to the defendant, to which there was not any reply. confiued to lot No. 11. The plaiutiff was afterwards solicited Upon the 30th of November another letter followed, complain. to inspect lots Nos. 10 and 11. The defendant pledged bim- | ing that six more of the cattle were ill, and informing him that self to their quality; as he said every one of them had been he should send them off that very night, requiring instructions reared by himself, he (plaintiti) need not be afraid, as he would as to what he should do with the cattle, and expressing bis engage every oue of them, and if he would consent to take the irm conviction that all of them would die. After this the cat'le he might pay him in any way he thought proper. The plaintiff announced that three more of the beasts were sick of plaintiff was, accordingly, induced to buy lot No. 10 at the the distemper, and that prompt measures were required on the rate of £12 158. per head, aud to purchase eveutually the re- part of the delendant, otherwise they could not he rescued maining lot, No. 11. He likewise purchased ten builocks from from the disease, and the loss consequent upon the distemper Lord Ashtown. These heifers were brought to Carlow; they could not be averted. stopped at intervals along the road, and were taken care of by The plaintiff deposed as follows:---He is an extensive grazier, a trustworthy servant. Upon the 12th October they stopped holding about 1,500 acres of land, chiefly in Carlow and Kil. at Mr. Johnson's, of Miltowo), near Athy, where they were per- dare; he had known the de'endant nearly three years; he mitted to reinain for the night. Mr. Juhnson observed that was a large stock proprietor; on the 2nd of August he bougl.t two of the heiers laboured under the disease; one o them about ten bullocks from Mr. J. Hudsov, at his place, near being considerably worse than the other, and be considered Athlone ; these were síterwards sent home along with the that the lot was distempered. The cattle were removed to a cattle purchased from the defendavt; the 8th of October was farm of the plaintiff's, which was situate a few miles from Car- the black cattle fair day at Ballinasloe; the defendant had a low (Garry hindon). The plaintiff saw the cattle in the mora. particular stand by the boundary wall of the fair ground, in ing, and he perceived that one of them was distempered. He lots of thirty, so that they were completely separated from the separated the diseased beast from the rest. She was so bad rest of the cattle; the warranty given by the defendant was that he sent her to Smithfield at once; and instead of selling to this effect; be said, “By my honour, my dear fellow, I have her, they wero at once obliged to slaughter her. In a few days not had a case of distemper or disease amongst my cattle for another heifer in lot No. 11 exhibited symptoms of distemper : the last two years ; I have had them almost from the time 170 beasts in all became infected with and displayed symptoms they were calves, and I can warrant every heiser which I hase of this latent infirmity and disease. It appeared that the in the fair as sound," and putting his haud upou his shoulder, disease, which first exhibited itself upon the continent, was in he said “Now buy a few lots from me;" witness purchased the year 1842 or 1813 introduced into Ireland.
lots Nos. 7 and 8, for £12 159. per head; required the cattle mortem examination of the animal plainly demonstrated that with the view of selling them in the following summer; after it was a disease which grew upon it day after day. The affec- he had made this purchase from the defendant, he went through tion was this—the lungs adhered to the side, fastened, as it the fair and looked at several lots; he bought lot No. 10 at were, by ligatures; it was difficult to tear the lung from the the same price; subsequently bought lot No. 11, and with side, and became necessary, in fact, to tear them asuuder. The
these also the same warranty or engagement was given; sent period of development ranged from three to six weeks, and this lots of the cattle to his different farms, which were separate fact coincided remarkably with the present case. The learned and far apart in the county of Carlow; the disease broke out counsel then read several letters which passed between tbe amongst the cattle in every instance; the nearest farm to plaintiff and the defendant. In reply to a communication from Dublin upon which he had the cattle, except one farm, was the plaintiff to the defendant, written on the 20th of October, forty-four miles. 1857, he defendant) stated" that he had no sickness amongst Cross-examined by Mr. Battersby, Q.C.-One of the heifers his cattle for two or three years; that lot No. 11 were not fed had slipped her shoulder, and she died upon the road; wrote upon the same farm as the others bad been; that the latter, to the defendant in reference to this, and he in a very handwhich he had since, were yearlings, and had been fed in Ros- some manner sent bim a £5 note; he considered that it was common, where po sickness had been for three years; that lot a very handsome thing to do, as there was no warranty given, No. 11 had been bought last April with others which had been and the defendant was not bound to act as he had done; and sold only in September to the batchers at Balliuasloe, and that 'this he would say, he very much regretted having had any misunderstanding with the defendant; had several “strip- | Wicklow; is an extensive grazier; the disease ia bighis conpers" on his land in August last; perhaps he had 50 or 60; tagious; it did not develope itself earlier than six weeks; had had no old cows; could not tell how many huudred borned experience of the disease in catile that had been sold to him. cattle he had on his land in that month; had several hundreds, self. about 250; had these from the previous October; his man Patrick Maher– Is an extensive grazier in Meath; the dishad sold beasts to a butcher named George Hirley; had only ease is contagious; it takes a month or longer to develope lhe two distempered cows on bis land before the lat of October, disease; a beast whose lungs were a jelly on the 14th of Ocand these he disposed of at once; in the year 1847 he lost 125 tober must have been infected before ihe 9th. head of cattle; could not tell where be bought these, but could To Mr. Ball, Q.C.-Could not say whether the disease wu swear positively that he had no distempered cow on his lands in the air, or was communicated by food or touch, or by all of for nine months before the fair at Ballinasloe ; about pine or these; but the general opinion amongst those with whom te ten years ago a man of his made an engagement about a horse associated was that the disease was contagious. he sold to a party, and he (Mr. Battersby) defended him; be- Mr. Battersby, Q.C., stated the defendant's case in au able fore he bought the catile heard that there was a good deal of speech. He knew it would be difficult to counteract the effect di temper in the fair; would not cousider it safe to put sound that bad been made upon their minds by the address of his catlle upon land where there had been distempered cattle be- excellent and most plausible friend, Me. ÁI‘Donough. There fore three months; thought there was great danger from the was not any doubt that the plaintiff had sustained a liss: the virus, the saliva, distempered mucous, and droppings from the ques!iou was, who was to bear that loss ? Toe case for the mouths of diseased cattle remaining upon the land; the disease defendant was, that he had 496 head of cattle, in lots of 80 was not perceptible for one month to six weeks ; detailed the each, and that pot one of them was diseased. The beasts sold By:optoms exbibited in the first week after its development; to other persons were sound; not a single one of them wu the animal gets off its feed, bas a cough and weeping eyes, &c.; unsound.' The defendant was not only an honest dealer, but the disease is highly contagious, and he believed infectious; a liberal one also, and it would be a hard case if he were Doe the defendant said to him that statements were valueless ; be obliged to pay the plaiutiff for cattle that had taken the went to a table, took up a book, and said, “Su help me God distemper after they left his hands. There were 98 beasts that the cattle were sound, and I had not a single distempered Cow bai been, bought in the month of April. The defendant did upon my land." Mr. Battersby, Q.C., pressed the question.
not tell the plaintiff that all these had been reared from ealtes, To Mr. Smythe-The heisers (150) that did not take the but he spoke of the first lot at wbich he looked. On the 21th d stemper were separated from the defendant's cattle ; some of of August there was one beast that was diseased, but the rest them were forty miles asunder.
were perfect'y sound. Could it be held that a dealer was re. James Murphy examined by Mr. Mannsell — Wa, the plain-sponsible for every head of cattle that might happen to die ! tiff's herd; was present when he purchased the cattle from The warranty was not confined to cattle: it was giren as to the defendant; had charge of the heifers ; took every care of horses, and even in the case of an insurance upon life. Sup them ; drove them six miles the first day, and nine or ten the pose a lise, insured upon the 24th of August, exbibited on the next day; delayed longer than usual, in consequence of the 14th of October the symptoms of a latent disease, would it be multitude of cattle which he had to drive; when he saw Mr. an answer to the widov that there was an invisible germ of disJohnson on his own land he said that the cattle had the disease? The germ might exist, but this was not the disease itsell
. teinper, and he pointed out two that had disease ; on the next When disease did arise it was perceptible from the first moment day when the catile were at Garrybindon the herd said that of its existence. Toe disease was, in fact, an inflammation two of them were sick.
of the lungs, and could that disease in a horse be distinguished Cross-examined by Mr. Ball, QC.-Had the caitle on the from the same disease in a cow? There was no law of science field of the hotel-keeper at Shannon Bridge; there were other or art to show the rapidity with which such a disease proCattle on that land which had been sold at Ballinasloe ; the gressed, but it was palpable that when it existed it developed cattle remained that night at Shannon Bridge; they slept at itsell. The fair of Ballinasloe was full of diseased beasts, and Frankfurt the next night; ou the third night they slept at as the disease was contagious or insections, ibere was an Tinnalinch ; paid for the grass ; there were no other cattle abundant opportuuity for contracting it at the fair, eren if the there; the caitle day, and the day before that at Ballinasloe, caltle had not been for several days travellivg along the road were fine days.
to the farm of the plaintiff. What security was there if a man To Mr. Maunsell-Prevented the callle from mixing with could be held responsible for the breaking out of any imper. other catile every night.
ceptible "gerin"? The effect of such a stringent rule would Mr. George Joboson examined by Mr. Byrne- The herd be, that every seller in Ballinasloe would have a board displayed brought the cattle to his field after the fair; observed two of near his cattle with these printed words, " These cattle are not them lying down ou the field, and expressed the opinion that warranted sound.” Were they to trust to such a warranty as they had the distemper.
that relied upon by the plaiutiff, it would be a prolific source Robert Hickey examined by Mr. H. Smythe, Q.C.-Was of of litigation. “Germ, virus, warranty," would be three most the Dublin firm “Hickey and Hauberry;" on the 19th of magical, most potent words, to put money into the pockets of October sold a sick beast for the plaintiff for £7; she was the bar of Ireland. If they sold a horse, and warranted him bidly affected with "pleuro paeumonia;" considered that the as sound, any man who understood the subject could prononoce disease was contagious; the beast must have been sick more an opinion as to its soundness; but here was a case where than a month; sold other sick animals for the plaintiff.
confessedly there was no appearance of disease when the cattle Owen Duone examined by Mr: Maunsell-On the 14th of were sold; and because they afterwards got distempered, the October brought a heifer of lot No. Il to the batcher; on being defendant was to be held responsible. It was a strange and opened that bcast exhibited symptoms of disease; the lungs most dangerous proposition. The learned counsel then called aud other parts were a mass of yellow matter.
evidence for the defence, Joseph Kilbe examined by Mr. Byrne-Is a salemaster in Walter F. M.Donough, defendant, examined by Mr. Bal, Liverpool and a grazier in Ireland ; several of the cattle were QC.- Resided near Ballinasloe ; grared about 1,100 bead of seut to him which had the lung disease ; bis experience was cattle in the year; sold three lots to the plaintiff at the fair ; considerable; the disease was latent about six weeks before it they had been brought from his farm; 27 of the lot of No. Il exhibited itself ; was examined as a witness before the House had been grazed upon the island of Tonisshank, in the King's of Commons relative to the disease ; witness made the sales County; that lot consisted of 30; three of the lot were fed in for the plaintiff; the cattle, if sound, would have brought £6 Roscommon; there were two cases of distemper on the islood, per head more than they did.
one in July, the other in August; so!d two at the fair of EyreTo Mr. Battersby-Saw the cattle in the fair ; did not ob. court to a butcher for £25; that butcher, whose name was serve them much, but thought at the time that they were sold Barrett, had gone to America; never had a sick beast since at a cheap rate; considered that in a fat market, not a store that day anywhere; sold at Bapagher 60 that had been grazing market, both buyer and seller could know that disease existed
on the island; they were perfectly sound; sold 30 to Mr. in cattle if they were thin; Liverpool was a fat market-a | Eyre, and 30 to Mr. Malone. town market; Ballinasloe a store or fair market; cattle were Mr. M'Donough, Q.C., objected to this evidence.
Would often sold as sound that were unsound; adhered to the evi- Dycer in Dublin be permitted to give evidence that he sold dence which he had given belore the committee.
horses that were sound as an answer to an alleged breach of Mr. Anthony Allen examined - Is a salemaster; lives in 'warranty in the case of an upsound borse ?
of a vessel could say bow the tempest arose; had known cattle The Lord Chief Justice ruled that the evidence was not ad- said to have been unsound turn out to be perfectly sound. missible.
Mr. Peter Aungier-Is a salemaster ; cattle which he had Mr Batters by, Q.C., asked his lordship to take a note seen well at night, were in the morning reported as being ill; that he offered to give evidence tbat every bead of cattle bad known cattle when slaughtered exhibit disease, of which on the island was sound, and that he refueed to admit that the seller bad no idea. evidence.
Mr. Patrick Leonard Heard the defendant say to the His lordship said that the plaintiff could not be expected to plaintiff, taking up a book (a registry of his), “As sure as that meet the case of the sales to other parties, but it was open to is a Bible, the catile I sold at Ballinasloe were sound;" always the defendant to give evidence to prove that all the cattle thought a herd could at once detect the disease; was of opinion grazed on the island which were sold to the plaintiff were that the beasts were sound. sound, and to give general evidence that the cattle grazed on The Lord Chief Justice charged the jury. He said it was the land were sound.
not necessary for him to do more than occupy their time for a The defendant then said that all the cattle sold at Balliuasloe few minutes, in stating the rights of the plaintiff and the were sound; had seen the lots before the fair; was present at liability of the defendant. The question was, whether the the drawing and lotting of them; there were four lots ; all heifers that were sold were at the time of the sale all sound, were sound; had not the slightest doubt of it; there was no or whether any of them were affected with any disorder ? question about his telling the plaintiff that the cattle were There was another issue—wbether, if some of the cattle were souud; when be bought the first lot, defendant told him that affected, they did not affect others? If this were so, the party he bad reared them from calves; it was not true that he had was liable, not alone for the original damage, but also for the said this in reference to lot No. 1l; since the 24th of August consequences of that original damage. It was a case in which no beast bad exhibited disease ; ninety bead of cattle were the defendant bad warranted that all the cattle were sound; sent to the island, and mixed with lot No. 11, in the month of it was in vain to say that the warranty was a puff. It was September, and remained till December; all of these were as admitted that the defendant had warranted them. The quessound as a bell; a book happened, unfortunately, to be near tion was, were the cattle sound agreeably to the warranty? him on the occasion of the fair; he put his hand upon it, and The effect of a warranty was this-it made a man responsible said he had not given him an unsound beast at Ballinasloe; for all defects kuown or unknowu to the seller; and it was no disease might appear suddenly; could not say whether the defence for bim to say that in his conscience he believed that disease was communicated through the air.
the cattle were sound. He had given his warranty-he had Chief Justice-He would be a wise man who could.
induced the buyer to purchase upon the faith of the engageCross-examination of defendant-Looked at the lots gene- ment that the cattle were sound, and he had guaranteed him rally; did not examine their heads or feel their fat; whose against any loss which might result from the purchase. It brand but his would be on the cattle? bought the cattle (30 of had been said that if this were to be the consequence of a warthen) at Eyrecourt upon the 21th of April, and the others on ranty, every man at a cattle fair should put up a placard the 7th of May, at Ballinasloe; could not say in which of intimating that he did not warrant the cattle. All that he bad these places the lot was bought; the two distempered heisers to do was to hold his tongue and give no warranty at all; sold in July and August were of those bought in April or May; besides this, there were insurance offices that would willingly made the sale to Barrett; positively said that he did not insure cattle and protect the buyer from any loss consequent swear in the arbitration room that he had no distemper on his upon the sale. In conclusion, his lordship said that the jury lands for two years; looked into his books, and found that should look to the gradual development of the disease in the nineteen months before the fair of Ballinasloe there was a case cattle of the plaintiff himself after they became mixed with of distemper in a cow; in 1857 there were two cases of dis- the cattle sold by the defendant, and consider whether, under temper on the land.
all the circumstances, the plaintiff was entitled to their verdict. Mr. Samuel Garnett examined by Mr. F. Johnson-Saw the The jury retired, and in a few minutes returned with a stock, and was of opinion that they were sound, and did not verdict ior the plaintiff upon all the counts—Damages £1,000 know from whence the disease came, no more than the captain | sterling.
LABOUR AND WAGES. Mr. James Howard, of the well-known firm of agri. | than it would do to make him a bricklayer. Pleasantness of cultural implement makers, recently delivered a lecture o cupation and freeness from risk are also elements to be taken on this subject to the members of the Bedford Working- into account. A man won't go down into a coal mive and men's Institute. The address, which did great credit to
work for the same price as he can get in the light of day. Mr. Howard's powers as a lecturer, is too long for us to
Men don't leave pleasant employments for less agreeable ones give entire. The conclusion is, perhaps, the more appli- without hoping to better their condition. Occapations recable to our columns :
quiring greater strength or bodily labour than others are also
better paid. When men mow grass they get better pay than Wages vary in different trades considerably, and where the when trimming a hedge. So with furoace tenders and rollers work is equally laborious. How is this; is it an accident, or
of metal, where, owing to heat and erertion combined, a good is there any law which ipfaences the rate of pay? I think deal of sweat is lost, and a good deal of beer poured down to there is. Why should an oak sell for more than a willow or a supply the waste; their wages are necessarily higher, for the fir, or even than elm and asb ? Simply because it costs more simple reason, it costs more to keep them up to the mark. to produce : an oak takes generations to come to maturity, We could multiply such reasons at great length, such as contherefore several lots of fir trees could be grown and sold on tinuous employment; but I hope I have said enough to prore the space occupied by the oak. I said before that the cost of that wages do not depend on chance, but are on the main reproduction rules the price of all commodities; and as labour gulated by some general principle. There is one priuciple I is a commodity, it rules that also. How so? Why, any
have not alluded to, but which all will do well to bear in mind, awkward fellow can sist gravel and very soon shoulder a hod, for it not only influences wages, but leads to constant employbut to be able to build a good wall, or turn a nice arch, re
ment-I mean a good character. 'Tis said a "rolling stone quires the labour of a practised bricklayer. It costs, therefore, gathers no mosa," and I do not know what is more likely to more in time and money to produce a good bricklayer than to
make a mau roll than a bad character. I intended to go into make a slab-to produce a good smith than a hammer-man
the question of piece-work, but time will not permit. I like a good engineer than a stoker. An engineer obtains better
the systew, as it enables the workmen to earn higher wages, wages than a bricklayer or a carpenter; for the same reasons, and the master pays for no more and no less than is done. i the bricklayer gets better wages than the slab, i.e, it costs never had any difficulty in letting a job by the piece. I more iu time and money to make a youth a proficient engineer hear there are difficulties in other trades, but I think