The Express.
London, England, 1867-05-06 00:00:00

THE LAW WITH REGARD TO THE PARES.

(From the Times.)

The law athilwra of the Crown in Novemb,.?,

I
1856 (Sir Alexander Cockburn. Sir R. Bethell, and M:.
Willes), signed an opinion to the effect that there is i
right to close the gates and exclude the public ; or. tb
gates being open, to exclude persons, but that persons wi)
have once entered cannot be turned out without maim 1
that the licence is withdrawn.

This opinion is based on the strict analogy of privae
proprietorship, which tells both ways, for if a private pr-
prietor were to suffer for a series of years the commuagl
of a neighbouring town to take the management of Ls
park and lay out large sums on it, upon an express
I implied understanding that they should have the enie!.
meat of it at reasonable hours, he clearly could not ral•
denly terminate that right of user, if, indeed, he tor.E!
terminate it at all. He would be held to have greeted es
modified user for a conaideratioe. The nuibion nen I
oteurrit regi doctrine was virtually abolished by 9 Genf,
lIL, cap. 16, which makes 60 years' possession or enjoy
meet good against the Crown, and the doctrine ner::
applied to cams cif supposed or implied dedication or gran-
Thus, in the Richmond Park case. a right of way was
tabliahed against the Crown by user.
In July, 1866, the above-mentioned opinion was al-
!flitted to Sir W. Bovill and Sir Hugh Cairns, who WI
particularly requested to say whether there was any 14,1
authority to disperse by force any meeting for palatial
purposes in the park.
Their answer was that there is no such authority
any practical purpose. They state that when penal
have once mitered the park they can only be ejected aft.'
notice served on or brought home to each individnall7.
Publication, they say, is not enough, for many cannot, stl
many would not read, and an express warning must 10
shown. They particularly impress that the right
removal is a separate right against each individual who L.,
had notice. No force, therefore, can be brought to bo,
against bodies or masses, which might contain many &
have not had notice. They also say that it would not
practicable to remove any number individually and prt-
vent then from returning, and remark on the probabatt!
of disorder if even an individual were tamed out.
_ . .

The effect is that the government have nothing but
common law of trespass to rely upon with its incidect,
which are most important. A man who in tresp3.,4
must be turned out in the molliur manta inapAsuit
no mon force than is necessary being used ; and be fr,J:
be let go the moment he has passed the precincts.
cannot be arrested if he is quiet. A police-officer cannyl
go up and threaten to knock him down if he does not
out, and no deadly weapons can be employed. In fact•
persons employed to turn out trespassers were to ;
armed with deadly weapons, and employ them. exctp:
defence of their own lives, they would be guilty of
if death were to ensue. If the assembly remain reare*l.:'
the police can do nothing but hand out man after man. I%
no ems can they legally clear the park by a charge. an,:
is most important that this should be known.
The military cannot be legally brought forward exalt.
in case of riot, and the Riot Act cannot be read tut; •
when people have been ^ nnlawfully, riotously. and twit. •
tuously assembled to the disturbance of the peace."
r'-
then the military must wait an bow, unless the public r •
ceed to actual insurrection or felonious mischief.
The opinion of Sir Hugh Cairns and Sir W. Tawill
preasly states that the contemplated assembly cot
itself unlawful so long as their conduct is peceable.
Special oonstables cannot be sworn in unless co!,
made that " tumult, riot. or felony " may be moor,

, .
apprehended, and two justices are of opinion that the er
nail officers appointed for the preserration of the pram ►
not sufficient for the purpose (1 and 2 Witham IV., C. V.
The Commissioners of Works, spending public nieue!•
represent the public. The rangers more properly rertc.'-'
the crown. All these things are important when we ►"
thrown back upon the technical law of trespa.r.

GMAT NORTHIMIN HOSPITAL. CALEDONIAN-SOAP.
Isuarrrow. Number of patients for t►e week ri,:af
May 4, 1,020, et which "..*S7 were aew ores.