The British Press; or, Morning Literary Advertiser.
London, England, 1819-03-12 00:00:00

E R S Ift AVSIZEV.

6

sittnolms.
• M the Nisi Prins Court, *here Sir W. G sums!
prenitlrti, the proceedings were of very little public
isiter..4. Eight causes ooly were soured fir ter•l,
end of these the greater part were arranged without
'judicial invertrigation. The following cause iv of
interest, as altectinu: the rights of corporate bodies,
and we therefore report it iu detail :---
MAYOR. SAII.IfIrS. sad HURCOSSES of NSW
WINDSOR, V. NVIIITE.

Mr. TAUNTI)N opened the pleadiogs.
Mr. Jirairts stated, that this was an action
brought by the Corporation of Windsor, to recover
certain rents from the Defendant as the occupier
of ground IX which the Corporation claimed the
property. The action was of considerable import-
ance to the Corporation, although the into in di.-
poste was trifling; pert of their revenues were de-
rived frotn properly of a similar krnvl, and there-
fore an ecquiescence in the resistance of the Dr.
reorient would have subjected them to other ag-
gressions. lie should be able to mute the existence
of a contract between the Plaintiff: and Defreolase.
which would supersede the necessary Or going into
detail as to the tole of the Corporation. It would
tie suffiCient to mention that. es the Lord: of the
Manor of New ‘Vtiirlmr, they lied many posres-
derived front their m is! sight ; and,
amongst others, they were entitled to the waste ad-
joining the public street. Of these they haft Tong
been in the practice of granting areas and other en-
closures to individuals. for winch they received a
rent, and sometimes granted the seine upon lease.
The Learned Counsel then detailed the facts of the
case. am subsequently gives. in evidence; awl con-
cludett by stating to the Jury, that if the Corpora-
tion hail abandoired their right in the present in-
stance, they would have improperly surreudered the
property, of whir Is they were the trustee..
- -

Mr. James Egelstone. sworn.
In answer to a question from Mr. Daunney,
Counsel fur the Defendant. he boated, that he had
resigned his situation as a Member of the Carlow*.
lion. The examination then proceeded. The offices
which he and held in the Curpotation were those of
Alderman end Chamberlain. Recollected %Visite
applying, in 1813..f0r liberty to build upon a •mall
piece of ground, so that be might bring his
forward at one end; these tenements were situated
in Sheet-street, Windsor. This permission was
granted. In the following year the Defendant again
applied, to be allowed to make an enclosure in the
front of hi. new tenements, so that he might dig for
the admission of light min their cellars, and also to
erect palisades in the front. The Defendant was
told that he would be expected to pay an annual
rent, to which be answered, that he knew it was ens-
tomer), ; no sum was mentioned, but it was under-
stood that it was to be a reasonable rent. The Cor-
po►ation have on former occasions given the same li-
berty upon the like conditions. The Defendant, upon
this understanding, erected palisades, and dug areas.
‘Vitness, as Chamberlain, demanded payment of the
rent. which had been fixed at a corporate meeting,
viz. 20s. per annum, for the four tenements. White
complained that the rent was too high, and request-
ed witness to bring forward the subject for re-coo.
sideration of the Corporation. In the first instance
the original rent was confirmed; but at a subsequent
turtling in 1818, it was decided that the resit should
be reduced to Ins. per annum, provided the De..
fendant would pay up all arrears. and give no fur-
ther trouble. Application was again made to him.
and this decision stated ; but, on the witness pro.
(tuning a receipt which he put in Defendant's hand,
Defendant read it over, threw it on the table, and
walked out of the room. He has since refused to
pay any thing. which has given rise to the present
action.

111 his ernes-examination by Mr. DAUNCEY,
witness stated, that the improvements made by the
Defendant consisted in pulling down some old pre-
miers, and erecting in the place of them four new
and very respectable tenements.
Mr. DAUNCEY commenced his reply, by Ibsen.
ing that the li..bility of *he Defendant would, in the
first instance, depend upon the right of the Cor-
poration to make the deitiaitil.--IThe Judge here
interposed, stating that the right could not now be
questioned, as the Defendant had admitted it by
his siegociation for terms.]—Mr. I)auscr:e pro-
ceeded to acknowledge that in cases where 'Limes
commence a contract, it was the law that at it.) of-
ter-.rage of proceeding al Id there be liberty to
dispute a title. He contended that in the present
case, there was a communication but no agree-
ment ; there was a taking of the premises, but do
agreement fur the terms of that taking. Ilow far
the Pl* tiffs could recover without such a ilistii.ct
uuderstanding was for the Jury to determine. lie
insisilained that as no agreetne sit existed the Corp°.
ration It al no right to recover at all ; and were he
compelled to adan:e that they had a fight, to that
the improvements made by the Defetitiatit for
the public convenience would be a sufficitot coma.
dersittoii. If by possibility the Learned Judge
should be of opinion that the Corporation could re-
cover. there would be no quesiiiiii as to the amount
of animal rent which they, the Jury, would give,
inasmuch as the Plaintiffs had pronounced judg-
uncut fur themselves, by agreeing to accept Ink—
The Learned Counsel concluded with souse hu-
morous remarks on the nature mid applic -lion of
Corporation revenues ; trusting that lime Jury would
resist the attempt to hoiden a piece of with ss ground
with a heavy tent, Lr the maintenance of official
gaud-living.
Sir Vert. CARROW sainmell up. lie alluded to
the ingenuity 'lithe Learned Comisel who had last
spokes, but maintained that there was no defence
against the action. The Defendant had beets ill-
advised ; and he thought the Corporation had met
with an tuadequate return for conduct distinguished
for fairness awl liberality. It was rottculous to
contend that Ito contract had existed ; the De-
fendaut had derived great advantages to his pro-
perty by the accommodation afforded him, anal by
using toe thing fur which he kid promised a corn-
peireatuni, had ruttied into a bindlog contract.
With regard to the annual rent which he ought to
pay, it was riot law that the Corporation could only
el, ttttt the lesser nom ; the Defendant had not ac-
ceded to the terms etwiti which they agreed to uc.
crpt it. The question was, would he rii:t origi-
nally have given 20s. with the greatest willing-

nets, ra- her than hat 4 Leen denied the accent'.
01011 Pit ?
Verdict ro the Plaintiff; t 204. per annum, 4f.
&wage s. Costs 40s.
The ease of Vorier r. Cave, occupied lie Court
for • very long time, thetult wllhOot m y ilater.-A
except to the parties r nttnntira, w ho types,-
oat to possess grire Ilan) usual siiiisely for the drcl-
sion.—Verdiet tor Defesidrot. •
The rernritentg civil business iris decided so se
to enable Sir W. (I iRROW 1.1 assist in the tsisl
Prisoners on Tuesday—of the chute of churn the
following is the Caleiotar
Joseph WO, lobilltrer„ lord 19, charged wish
having robber' John I Wilton. on the Kisig's high-
way, in the parish of Wokinehani. and irking born
his person font 51. ftesding Batik rioter, a 5/. Ralik
of 6iighind note, and other notes and cash.—
Death.— Reprieved.
Joha boot-closer. sge.l 30, and Sores
l'ise Staith, spinster. aged it, charged
with haring broken Win the dwelling-house of Mi-
r oohs Ivory. at TilehOist, and stolen thrrenist 1,01.
elf articles of wearing apparel. Smith. Death—.
Iterrieved. Wiltshire acquitted.
Jetties Webb, slice Keaton, to sawyer, aged 39.
charged with hating stolen a horse at the peri•ii
Aldesmosturt. the property of,"1. BaliLog.—Druel
Reprieved.
Aphis Klaiber, gardener. aged 18, charged with
banal; killed a sheep. the pirrperty of Richard
D•blry the younger. wits lidera so steal I* warms •
Death —Reprieved.
Thomas Squelch, alias Graiirlfited Tie. Ishonrcr.
aged 25, charged sills Sieving norglariaii.ly broken
into died* isliiiig-lionse R cnard l',utler,atllaklry
Greene soil sullen therrout 111. in Rink 'setts. awl
other articles, his property.— lterstli.-111.rieved.
Benjamin nagger, 'shower. aged 60, charged
with stealing two coma arid seven Welsh liellers.. ht
property of Arum 'inherit, of Klifithl highway,
Middlesex.—Death.—Rapriereil.
?home Bell, haberdasher, aged 57, clis•,zed
with stealing a pair of korse3ntere the
properly of .1. 11.11.--1)e lk.—lt,p•t ved,
Williams Gregory, labourer, surd 11, (I•:,,vg-d
with breaking into the dwdlit.g.iinime of 11..i,0a1i
Taylor, in the day-lime. snit s rail' di yr,. si.
Cleo of wearing appertl.—/kartr. Iterrevid.
Henry Phillip, labour. r. aged '2 2 , chargt d
having killed a sheep at NVlntley.—Deoth. Rt.
prieired.
William Carter, laborirer, 25, charged with
1.4%11;4 hero 111 Hccottli,lice lit the said
Deoth.—Reprieved.
Jo/se Wise, labourer, aged 19, charged aid, Mw-
in: stolen Is great coal, the property of tr. Page. at
Itticklehury ; also with having broken into the
rlwelliug-hnnse of Jame% Nit tor, at &li.lgharn, in
the dery-tulle, and stolen the remit 'miens al titles Of
uearirg app4ro.-I)eark. Reprieved.
suers Berry, aged .25, charged with
haliie pi
stolen 4 'slyer watch aunt orals, front the dwelling.
house or John Want, Slstellllllllllllld.--Dessik.
—lteprieved.