The Express.
London, England, 1849-11-01 00:00:00

Raba iintentgenct.

SHERIFFS COURT.—YEBTERDAT.
ZOOM 34., 11111182/6/01,7 Buscwsu. AND • SPECIAL AIM

D HTas V. Hui MA-J 11111771-1

vioonilsDioiiss:

The Attontey•General, the tiolloitor-Cieonal, the Hon. C.
E. Law, Bawds? of Louden, and Mr. Edward Lana,
represented the Conmairaionin ; and Mr. Edwin James
and Mr. Uathank appeared for the pleintiffe.
Mr. Biota James said that this was a proceeding the oh.
jeet of which was the asmement of the amount of compensa-
tion to be paid to his clients la respect of a piece of freehold
land, and some headings standing thereon, situate in Yule-
mutt, Bpitallirlde, and over the site of which the commis.
eioners proposed to carry the line of a new street from 8/hal-
fields Church to Bhoreditch, to be called Commercial-street.
The boildings, or rather houses, to which he had alluded,
bad fallen into such a state of dilapidation that they would
not be presented to the jury as objects for which any
compensation was demanded, the chief and principal
point that would he raised being what was the amount
of eampensation which fairly and justly the claim-
sate were estitied to in respect of toe land upon
which those houses stood; but that state of dilapidation
or decadence was attribuable solely to the cane the Cotu-
raissiorers of Woods and Forests bad taken respecting this
matter, for they bad, by keeping the gaieties unsettled for
more than three years, deterred- the tomtit or the owners
from carrying out throe repairs which were required. The
diluents were Mean. Hyde solicitor', of Ely-place, Hol-
born' and the property in question! bed teen in the comer
slots of their family a groat number of years. In 1809 it
was let on Ines for 40 years, at the rate of 301. • year, to a
person named Ho ben, the lease containing the usual cove-
nuts to repair, &e. ; sad in 1823, the value having im-
proved, Heston assigned the lean, for a premium of 1501.,
to a Mr. Wilson; and is 1828 Wilms), for 'a premium of
1201„ assigned It to a Mr. Chipman, who was still in posses-
sion, hat whom term expired at aildasunmer.day lest. Since
1828, between two and three hundred pounds were spent
upon the property is repairs, and being anxious to remain the
tenant, Chapman, in 1845, applied for a renewal of the lease,
when the eWmaats intimated that they could not let him
have a fresh lease, unless the rent were increased to 401.
Chapman assented to this, and would gladly hard taken the
lease upon those term', but the eicomisakm re gave notice
that, under the powers of the act, they should take pos.
session of and pull down the premises. The jury could not
be too much impressed with the feet, that this was a eons-
paten elle, and the fair calculation ant empereation for
pelmets whose property was taken from them, was thirty
lears' pumbem,ar that tb' parties might sake an equine,
ent and equally profitable investene nt of th:lr cipital. It
was elver that the houses would have been palled down,
had not the commissioners interfered ; but Mr. Chepwian
would, unhesitatingly, have taken a Lolcibig leader, and
have paid 401. alter for the Freund, and therefore estimat-
ing that 401. at 30 years' purchase, the reeult was the
amount of the claim now presented, via., 1,2001. He had
to oppose the Commissioners of Woods and Feriae, and
no doubt the learned Attorcey-General on their behalf
would urge, that as guardians of the public puree they were
dbeisarging a coneeleutiou duty to the publ'e in misting
this demand, and, unques, i trustily, as trustees lot the public
and having the control of public tunds, Ley were bound to
see tbot them funds were fairly aid justly extended, but at
the same time they were bound to ae* with justice towards
th-ee whose property they took possession of order the au-
thority of the law, and how they co•ild reconcile the coon.
they bad takes with reference to this claim with either jus-
tice or mopriety, he wee at aloes to lv,ow. They had had—
he would not say the rffrontery, bat the insulting coolness, to
award to the claimants, es comp. nation for their property,
the sum of 4001. The Mune. 11l de offered to refer to an
arbitrator, and gave the partieulste of their demand. The
torneab stoners refused to give the grounds of their rifer, and
therefore a jury was appealed to, sn a rder thot the elements
might get that justice which her Majiaty's Comminionen of
Wools and Femme deck.: them.

—.—
Mr. Chepstos was then examined. lilt said he should
have bun glad to have taken a fresh 1 ay.: at 401. a year,
and would gladly 'Joe 8001. kr the around ac 4 premium u
they sow stood They were particutarly adep:ed k r parties
elk 13pitalfirlds market. When he ka w teat the
s would pull We pressives down he refined to
take author lease, as it would have appear.d that he bad
dose so for theme?. pupae of getting compensation. If
he had the promisee again he should convert them into
etabling.
Mr. Todd, builder, of Chelsea ; and Mr. T. M. Nelson,
stabled, gave evidence as to the value of the property.
They eriatated it at sixty years' purth...e, at 401. per
riatlUM.

The Attorney-Gummi then addresred the jury, observing
that he appeared there on behalf of the :;over anent, who
were tar from being in any way &skew of cutting down •
fair and legitimate claim for properly required fur • great
public impureness?, I.ut, as his learned frirna had very
wisely observed, they coneidcred they were b discharging
a duty in resisting this demand, fur t•y were
bound to see that the causing cut of the im-
provements that were going on in the metropolis, was not
made a means of extortion by those whom prepaid, might
be required for the purposes of there improvements. The
learned gentleman then proceeded, at considerible length,
and with much force, to urge that is cases like the ;resent a
claimant ma not entitled to extra compenes'i n bemuse the
mbe mousempulsory, the fair marketable velar of the pro-
piety Wig all that the claimant could pmaibly be entitled
to—tbcdtho full value of this property was not more than
4201, awl shot the evidence to show that it was more sow
gated ef the sposalativ opinions of the witness-s, and not
positive hob. In reference to the refusal of Mr. Chapman
to take • new lease when he knew that the property was it
in the schedule of the act of parliament foe making
this new street, the Attorney-Gemmel remarked that it re-
flected very great credit upon him ; to unforuoitely it was
too common a practice with some parties when their pro-
perty lay in the way of contemplated improvements to make
every exertion to get fresh lease. for long periods, and
an additional rent was put on by the landlord in order that
both partite might obtain a greater amount of ampeosation.
Numberless instances of this kind tad been detected wilin
his experience of compensation cases, and if he might he ex-
cused for mend ming one, he reeofltetel that whilst the
South Western Railway Bill was pending in the Roam of
Commoes, parties set to work and built houses area land
over which the line wjs propcssd to be carried, foe the very
purpose of getriog (rein the company an amount of comput-
ation exceeding, by about tire, times, the sum expended in
the building; and what could the company do but take the
premises? This was an Exorbitant demand, and if the jury
gave the claimants 4201., the latter would receive a fair com-
pute/Um for their property.
A number of professional gentlemen connected with the
Woods and Forests were in attendance, but non. were

The learned Under• Sheriff said the simple quer ion before
the jury was this, what was a fair rent fa t.,e /round, and
how law years' purehaas was it worth. The jury bad ex-
mined the spot, and no doubt, assisted ty the evidsnas they
had heard, would be enabled to antra at a jest eoaelusita.
The jury, after Ems deliberation, returned a venlig for
the riaimata for UAL