The Express.
London, England, 1861-05-22 00:00:00

.KARLBOROUG 11 -STIt EFT.

A man of colour, was charged
with assaulting Mr. Spinner lambert, of the Wbeatabeaf
Tavern, Oxford-street. Mr. Emhart said that on the pre-
via= evening the prisoner came into his house at a time
when it wee pretty full, sad used the most disgusting lan-
guage. He told him to leave, and followed him to the door
for the purpose of seeing that he left, when he turned
round and struck him • severe blow and then ran away.
HI was pursued by some persons, whom he struck and
bit in • very violent manner.
Kr. George Mather, of 31, Gloneester-street, Queen-square,
isorreborated Mr. launberes statement.
Mr. Tyrwhitt said he should flue the prisoner 20• ar 14
days. The prisoner went into • respectable house, used
demisting language, and then assaulted the owner al the
lease whin he triad to get rid of him. He (prisoner) was
OW of these pests about London that must be stopped.

Wm. Burhedge, a servant, was charged 44 follows
Mr. Richard Flack, of the Crown, Park.laoe, said that he
went into his logatelle•room the previous evening to tell
some persons who were playing that some one else wanted
the table, when the prisoner, whose friends were playing,
said, "You fatheaded old —, I'll kick you inside out."
He then sent for constable, sad while the person was gone
he "he would kick his —•- head off.' The prisoner
then made a blow at him with his fiat, which be guarded
off. He then asked the prisoner for his address, and he
replied, "Oh, Mr. John Brown, Eaq., of 1, Eatonoquare,"
but believing that to be false, he gave him into custody.
The prisoner was then quite sober.
Mr. Tyrwbitt said it was very gross conduct towards the
complainant, and the defendant must find one surety in 114
to keep the peace.

Thomas lurroirs and William Mathews,m, both corporals
of the Grenadiers, were charged with behaving in a violent
manner ►t the Blue Posta, Newman-street, Oxford-street.
Barrows was fined fie.. ►ad the other discharged.
THAMES.

Rrizabeeh Godfrey, ali;sAtiLipe, alias Rost, who stated
hermit to be 19 years of age, but looked older, was charged
with stealing two children.
The prisoner wee arrested on her lauding at St. Kith.-
rine-dock from a steamer from Leith. The two children
were with her, and belonged to a person with whom she
had been lodging at Edinburgh.
She stated that she had brought the children to London
for change of as with the father's consent, and that she
intended to go to Aldershott and take in washing.
Mr. Safe said he thought she was telling lice, and re.
mended her.

The further homing of the summons took place against
Mr. John Kelk, the builder, for having commenced the
works of the International Exhibition of 1862, on the north
side of Oromwell-road, South Kensington, without giving
two days' notice to Mr. T. L. Donaldson, the district sur-
veyor, as required by the Metropolitan Building Act.

Mr. Donaklson, solicitor, attended, as before, in support
of his brother's ease; and on this occasion, Mr. Finch, of
the Arm of Fladgate, Clarke, and Finch, Cravenetreet,
appeared for the defendant.
This was a question as to the jurisdiction of the district
surveyor, and on the last occasion the defendant attempted
to show that the building was exempted from the operation
of the act, and that the Metropolitan Mosul of Works had
power to give their consent to its erection. The summons
was adjourned to allow the defendant to communicate with
the Metropolitan Hoard and to obtain legalaasistancc.

Mr. Donaldson contended that the building was not ex-
empted, and that no building -am exempted except those
specifically mentioned in the 6th section. 17Ddisr the 56th
section, on which the defendant relied, the
Board had power only to modify the rules and lions
of particular cases ; but it did nut interfere with jars-
diction of the district surveyor. To show that the juris-
diction was not affected be referred to several clauses, but
more particularly to the 30th section, which stated that
every public building should be constructed in such a way as
to meet the approval of the district surveyor. In the event
of the district eaneynr and the builder disagreeing, then
the Metropolitan Board bad power to interpose. He
argued that the 30th section met this particular
ease, and that the defendant's nouns of proceed-
ing should have been to have applied in the
first instance to the complainant. To show still
further that the act did not exempt this building, he said
the Royal Commissioners of 1851 obtained the insertion of
a clause in their act to exempt all their buildings from
the operation of theßuilding Act. He also said that the
complainant was a riblic officer, and he felt that this was
a question of great importance.
Mr. Finch produced a comnamication from the snperin-
tending architect of the Metmpolitan Board, dated the 17th
inst., addressed to the Commissioners of the International
Kxhibition, stating that the board had approved of their
plane for the construction of the building.

Mr. Donaldson said he considered that the board did not
supersede the jurisdiction of the distiict surveyor.
Mr. Finch, in stating his case, said the oth
clause exempted the building, as it was employed for her
Malesty's use under royal charter. He however relied
principally on the 65th sod following sections of the act,
which stated that applications should be made to the
Metropolitan Board in oases of buildings which were inap.
pliable to the Messed regulations of them*.
Mr. Ingham wished to know bow be showed that this
i building was inn pliable.
Mr. Finch said, ea account of its sire, the area being
40000,000 of cubic feet, and also for its purpose.
Mr. Kelk said to show still further that the building was
altogether inapplicable he would draw attention to the act,
which specified that the staircases and galleries must be
fire-proof. If, then, these were carried out it would be
impossible for the building to be erected in the time. It
was became the building weir for • temporary purpose that
the Board of Works should step in.
Mr. Ingham called Mr. Finch's attention to the 30th
section, but he said he did not rely on that.
Mr. Donaldsoo said he did, as it showed that the district
surveyor must be applied to in the lint instance, and that
he bad power to modify the rules.
The defendant denied that, the district surveyor bad any
power to modify the rules in public buildings.
Mr. Donaldson submitted that the building was not one
applicable to the rules and regulations, as the 30th section
enabled the district surveyor to modify the act in respect of
public buildings. The rules of the act were applicable to
public buildings, and this was • public exhibition-room
within the meaning of the interpretation clause. It wee
only in the case where the district surveyor felt a difficulty
that an application should be made to the Board of Works
to determine the CAM.

--167i•—gi•iii-Put it. to Mr. Donaldson as to whether the
act applied to buildings at a temporary character.
Mr. Desaldson held that it did, and that it did not apply
to permanent buildings only. The intention of the act was
that it should apply to every building, as the same mischief
might arise in temporary buildings BA in the cases of a per.
meeent character. As to the budding being erected under
Royal Charter, it was got up by private individuals who
raised the expenses out of their own pockets, and who ex-
pected to be nrimbursed and paid for their trouble.
The defendant said they did not expect to be paid.
Mr. Donaldson said he meant they expected to be relieved
of the responsibilities. He then refined to his brother
having been on the building committee of 1851, and was
therefore anxious that this building should be erected, but
at the same time he was bound to state that he was only •
public officer and bad a duty to perform.
Mr. Kelk, in reference to the Act of 1851, said it was an
omission in the present Act, that a similar clause was not
inserted, exempting the building front the operation of the
Building Act.
Mr. Ingham inquired whether the notice made any
dif-
fanooe, as the district surveyor would have to be called is.
The building mast be erected under the supervision of the
district surveyor.
Mr. Donaldson (the surveyor) was desirous of having his
worship's opinion sa to the notice. Works wars now going
on to an enormous extent, and if he went there he did not
wish to hare his authority disputed.
Mr. beam wished Mr. Plank to let him have a copy of
the material parts of the eararaissioo. It stash him that
the aim of the building bad wehing to do with the gaieties,
nor of ite behe for temporary purpose. The
which he saw was as to the contents of the Royal Charter,
which t lake the building altogstber out of the act of
parlumw He therefore should like to know the powers
of the Royal Charter.
Mr. Finch mid he should be most happy to supply his
worship with • copy.
Mr. Kelk mid he thought the complainant was la=
seder • slight mistake. The Metropolitan Beard
twe eels of pleas ; when approved, one was kept by them,
end the other woo set to As district 'armee. Their

plane would be sent, and the Metropolitan Board would
send Mr. Donaldson a set. He thought the receipt of the
plans would be a sufficient notice.
Mr. Ingham said if the plena were sent before the case
waa again considered, it might affect the bearings of the
proceedings.
Mr. KAM said he would undertake that they should be
sent.

Mr. Dooaldson contended that even in that case it would
not affect their jurisdiction.
The summons was then adjourned until Wadneaday (this
day) week, for Mr. Ingham to cousider the purport of the
Royal Charter.