The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-20 00:00:00

lIATTON-GARDEN.

ALLEGED NUISANCE IN LINCOLN'S I/TN.—Ye!OEMS] Wm.
Walton, Esq. Barrister, of Lincoln's Inn, Appeared upon a sum.
mons issued on an Information laid under the Act, generally en.
titled Mr. M. A. Taylor's Act, at the instance of the Commis-
sioners of Pavement of St. Clement Danes, for refusing to remove
a certain alleged nuisance in the rear of his Chambers in Lincoln's
Inn.

The nuisance alluded to was the wall which projects into Serle-
street, from the termination of the eastern wall of Lincoln's Inn_
square, to the entrance into the Inn, the rest of Serle-street being
commodiously spacious. The Barristers of Lincoln's Inn were
anxious to have the merits of the case fairly discussed ; and al.
though there were three or four other gentlemen equally interested,
Mr. Walton, pro form 6, appeared upon the summons.
Mr. Adolphus appeared on the part of the Commissioners of
Pavement ; Mr. 11 Alton conducted his own defence, and that of
the other defendants. Several Barrister, attended belonging to the
Inn.

Mr. ADOLPHUS commented with observing, that being opposed
to such a person as Mr. Walton, whose rank as a lawyer stood so
high, he felt happy that he could at least pride himself on having
the superiority over his opponent, in having more practical know-
ledge of the decisions by Magistrates upon the present Act. The
information was laid under the 72d section of the Act, which enu-
merates the different kinds of projections, &c., that the Commis-
sioners or Surveyor of the district are authorised in giving notice to
remove, where such projections are incommodious, and in fact ob-
struct the public way. It would be proved that the projection
now complained of was one which has for a long time called forth
general remark, and was a nuisance of such a character as should
be instantly abated. The respectability of the parties interested
should not operate on the minds of the Magistrates; nor whether
the parties might be sufferers by a strict enforcement of the
clauses of the Act. The first noblemen in the country, Earl Gros.
venor and others, have been compelled to accede, though the injury
to their property has been in many instances very considerable.
The Learned Gentleman then alluded to many cases of appeal
which had been tried at the Westminster Sessions, before Sir R.
Baker and a Bench of Magistrates, in all of which the convictions
had been confirmed. One case in particular he begged to call the
Magistrates' attention to. It was the case of a publican in Pall-mall,
whose bar-window projected beyond what was considered convenient
for the public, and an information was laid against him at the in.
stance of the Solicitors to the Admiralty ; and, although he was
compelled, in order to make the prescribed alteration, to take down
a great part of his house, and also to eject a poor cobler and pull
down his stall, which had stood there from time immemorial, the
Bench of Magistrates conceived the Act imperative, and confirmed
the conviction. He believed the chief ground of defence which
would be set up was, that the wall in question is of great antiquity,
and that its baying stood for so many years without any public cool.
plaint being made of its existence, it could not be justifiable to bring
forward a complaint in the present day; he, however, contended that
one of the principal objects which the Act contemplated was, to re.
move those old nuisance'. The Learned Gentleman concluded with
observing to the Magistrates, that he was not there called upon to give
his opinion or views in general of the Act in question, whether it
was politic or absurd, tyrannical or useful ; but, such as it was, so
long as it did exist, the Magistrates were called upon to enforce it
against the rich as well as the poor--against the barristers of Lin.
coin's Inn, as well as the poor cubic!. in Pall-mall.
Mr. *Cadogan, surveyor of the Pavement, was then called. His
testimony went to *hew that the wall in question projected on the
moth side six feet epd three indica from the main wall of the

-s ...it'.
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'buildings, and at the north end eight feet, the whole length being
about 108 feet ; that the footway was rule Base feet ten inches in
width, and the carriageway but nineteen feet in the upper part of
the street • that but for the extreme narrowness of the carriage-
way the Trustees would probably have encroached on it to increase
the footway, but that being impracticable, and having examined the
entire place, they were of opinion that the wall was a nuisance
which must be abated.
On cross-examination by Mr. WALT ow, he admitted that there
was a stone in the wmt.end of the building relating to the bound-
aries of the parish, bearing date 1884 ; that hr was not aware that
1 the space included between the projecting wall and the main wall
ever belonged to the public footway, and that, for aught he knew,
both the main wall of the building and the projecting wall were
I erected at the same peeled.
Here drawings, representing the buildings, with the measure.
meats, &e. were laid before the Magistrates, by 111r.iladogan, on
the part of the parish, and Mr. Wynn, the Surveyor et Lincoln's
Inn. They agreed on all material points.
' hlr. Il'asarns; then proceeded to address the Bench. After ex-
pressing his satisfaction, and that of the Barristers of Irincoln's
I Inn generally, in having this case brought for decision before so
competent a tribunal, he Wen on to ardor mono informalities and
general defects in the information, width wanki in thenaelves
prove dotal to the case ; he would not, however, take any advantage
of them, as to decide the reel merits of the ere was what each
party desired. The Leerned Gentleman then contended, that the
Act never contemplated, in the 72t1 section, to Include each species
of building as the present ; the fact was, that the included
between those milletuted a part of his ; that the
whets Wilde"( Mil d at the same dins • nied lie were
!bib
essoplasdpenb his brother Barristers, to all, and
pewit their itemises to be emeroached aq toile ex the
CadlitrilliaMb wished to insist on, their lits 'elitidd deed three
tbellhasillieunds. Besides, on examination of the rld section, it
would that it could in no way operate against than.
It s to enumerate the different kinds of strieraers re-
movable by order of the trustees or surveyor, beginning with
" signs, sign posts, sheds, &e., which shall project over the public
footway," as also all fixed or movable projections, or structures
hanging on hinges. He had heard of moveable walls, and walls
on hinges, but these were generally at theatres, within which Ill•
A. Taylor's Act could not be well applied. Indeed he was con.
vinced that gentleman was too great a friend to " liberty, property,
and law," to put so forced a construction on this chimes They
had both been man y years on the same Circuit. and from that ac.
quaintance he was led to form that opinion of his (Mr. 'F.'s) feel.
togs. It was preposterous to suppose that any Act of Parliament
could empower a surveyor to pronounce his judgment on what he
conceived incommodious to the public, and order a building to be
pulled down. If, for instance, he (Mr. NV.) complied with the
notice served on him, he would render himself liable to several in.
dietments.-for taking down the wall and leaving an area of consi-
derable depth open; for interfering with his landlord's property,
&c., besides the numerous actions for broken limbs, &c., by per.
sons who must inevitably tunable in. As, however, private interests
or comforts must always yield to public advantage, the Act, by
the 84th section, provides fur such a state of things, and enacts that
what the removal of any house or building is necessary for the um
prevenient of a street, &c., a proper compensation, regulated by a
Jury, should be given to the occupier. This was the only clause in
the Act on which die Trustees could presume to act. The Learned
Gentleman then proceeded at great length to prove that the pre-
mises in question were regular freehold property ; that on the
building of the Inn, the erection of streets in the rear was not at
that period contemplated, it being a waste field, denominated
Thicket's Fields ; he referred to an agreement made between
Mr. Serle (from whom the present street derives its name)
and the Benchers of the Inn, relative to a footway in the rear of
the building : and in the reign of Queen Anne the parishioners of
St. Clement Danes petitioned the Bendier" of Lincoln's Inn to
make some alterations in the roads and in the vicinity. Justice
Gates occupied the chambers which he (Mr. Walton) now pos-
sesses, and in his time the premises were precisely in the same
state. He concluded with observing, that as the passage through
the Inn might, if the Balchers chose, he stopped, to the great an-
noyance probably of the parishioners of St. Clement Danes, it was
at least • very ungracious return for such civility to make the
present unjustifiable demand upon them.
Mr. ADOLPHUS replied at considerable length, with respect to
the necessity of showing that the nuisance must be proved to
" project over the pavement," or footway ; he conceived that only
applied to the first-cited nuisances in the clause of the Act," sign%
show-boards," &c , but did not allude to " fixed projections'
(porches, for instance.) As to Ale. 'Walton's supposing that his
"old Circuit friend" (Mr. Taylor), " the friend to liberty, property,
and law," would coincide in his view of the imperfections of the
Act, he was greatly in error. Mr. Taylor is of opinion that
his Act is the very acme of legislation, and he (Mr. Adol-
phus) was convinced that Mr. Taylor would not desire a
more sublime epitaph than—" Ifere lies )1. A. Taylor, the
framer of die celebrated Metropolitan Street Act." (A laugh.).—
The history of the building of Lincoln's Inn, which Mr. li alton
gave, he conceived strongly supported his case. " Thicket's Fields"
was a place of great notoriety. It was famed, as alluded to
in the history of a supposed rebellion in the reign of Henry V., of
which Lord Cobham was the victim ; and in later days as a place'
where rogues and beggars used to go to prepare themselves to excite I
compassion. The very circumstance that there was an open space,
behind the building, proved that the present awkward projecting
wall must have been of late erection. As to the implied threat, of
stopping the passage through the Inn, he, for his part, had no ob-
jection. Some of the ten guinea briefs might theta make their way
to the Temple. (A laugh.) lie concluded with again reminding
the Bench that he did not wish to eulogise or condemn the Act ti
but he believed, that notwithstanding all that had been said about
repealing it, it was—
" Doomed to death, yet fated not to die."
That it would be better to have a conviction recorded, and that then
Mr. W. might appeal to the Sessions, and have the advantage of
the opinion of a full Bench of Magistrates.
Mr. WALT ON dissented from agreeing to any thing like a com-
promise, and stated, that instead of applying to a Bench of Magis.
tastes, if the case was pressed, he would let a distress be levied for
the penalty, and then bring his action for the trespass.
Mr. Sergeant SELLON (with whom Mr. Rogers concurred), was
decidedly of opinion that the section of the Act upon which the
information was laid did not apply in this case; that it was ne-
cessary to show that there was a projection over the footway, or
that it had been encroached on, neither of which points were proved ;
and that, in fact, the premises in question being regular freehold
property, no body of men, no existing law, no authority, could in-
talere with it.
The information was accordingly dismissed.
MARY-LA-BONNE OFFICE.

Yesterday an elderly man, named Macdonald, by trade a tailor,
appeared before J. RAWIANSON, Esq. to prefer a charge against •
person of the name of Icheutby, a broker, for having taken several
articles in execution for rent, and not having set them down in the
bill of sale.

Mr. NVheatby and another broker proved that they had not levied
for as much as was due, as the whole of the articles were not worth
what the amount of the levy was by 103.
A respectable woman, landlady of the house, in Coburg-street,
where Macdonald lodged, stated that the conduct of Macdonald was
of the very worst description. She stated that he had two young
girls in his room, and she had witnessed such conduct as was truly
reprehensible.
Mr. Rawrixsow thanked the lady for her information, and de.
aired Macdonald to give him the name of the children, as he should
immediately give an order to Mr. Bennett, the overseer of Clerken.
well, to take the children under his prote;tion.
Macdonald then gave the names of the girls, Elizabeth and Ann
Witcher.
Mr. ItawLiwsow then ordered Stowell to take the order to Mr.
Bennett, requiring him to take the children under his protection.
Macdonald was ordered to be detained until the children should
be safely delivered to Mr. Bennett.
The summons against Wheatby was discharged.
CHARGE OF HORSE-STE•LINO.—Thomas Adams, who was
brought up on Monday last, charged with stealing a horse from a
Mr. Radgerly, of Cirencester-place, Fitzroy-square, was again re.
mended, until Monday next. It is suspected that he is an old hand
in that line.
_

Yesterday morning, Morris, the officer, was sent fur, to inform
him that a male infant was found, wrapped up in a towel, in Earl-
street, Lisson-green. The officer immediately repaired to the spot,
end found a fine male child, as described, and apparandy only a
taw hours born. He brought the infant (after makiag several in.
(pities) to this office, and related to Mr. RAwrisson the cir-
cumstance, who ordered him to take it to the workhouse, when in.
formation would be given to the Coroner, and, perhaps, by his
investigation, the unnatural parents might be brought to justice.
A gentleman attended from the Mary.la.bonne Infirmary, and
gave his opinion that the child was still.bom, and not quite seven
months.

31r. Rawr.txsox, nevertheless, ordered the proper notice of the
affair to be sent to the Coroner.
LAMBETH-STREET.
•

Yesterday morning, as soon a;theofirce;too r was opened, two
respectably.dressed men and women came into the outer office, and
expressed great anxiety to see the Magistrate. In vain did Mr.
Miller, the chief constable, who was then in the office, ask them
the nature of their application ; they said it was very important, and
that it van imperative that they should communicate it only to his
Worship. They were ultimately ushered into the justice room,
before the Magistrates, Messrs. WYATT and HAIDWICILE, and
placed themselves before the table. One of the party, a Mr. Wil-
liams, addressed their Worships, and stated that a report had been
industriously circulated in the neighbourhood of Mile End. where
they resided, which was injurious to the chastity of Mrs. 'Williams,
his wife_,_ and equally so to his peace.
Mr. WYATT.—WeII, what have we to do with that 7.

Mr. Williams—The fact is, your Worship, that a few days since.
Mr. Johnson (pointing to the other gentleman), during the time I
was from home, called on my wife, and the neighbours did not
scruple to attribute his visits to other motives than friendship, and
reported their suspicions in the neighbourhood, which, like all other
scandal, gained rapid circulation and obtained credit, where.
by my own and my wife's peace of mind were indescribably dis-
turbed. In order to satisfy my mind and to extricate my wile from
the imputation that has been cast on her virtue, Mr. Johnson has
come forward to testify by making oath of his and my wife's inno-
cence of the impropriety attributed to them. Mr. Williams, in the
most earnest manner possible, concluded his extraordinary statement
by assuring the Magistrates that they had mutually agreed, that if
he came before them and made the affidavit, it would satisfy both
parties,—he meant himself and Mrs. Johnson, who was in the
office.

The Magistrates said that, under such critical circumstance+, as

,~_

the fixture happiness of the partial would depend on the retioieed
oath, the had no objection to attesting Mr. Johnson to the fart,
provided he was prepared to do so.
Mr. Johnson hem stepped forward, (with his better half close at
his elbow, lest be should not kiss the testament,) and expensed
his willingness to make the required affidavit. Fortune, the otori,
then desired the depooent to take the testament in his right hind.
and in the usual forms desired him to answerall questions truly ;het
were put to him.
Mr. Johnson in answer to questions from the Magistrate taw,
that he certainly had now Lid then visited 31ra. Williams when bee
hushand was not at home, but never any thing but a rational ;on_
versatioo took place between them; as for any criminal intent, he
never one* meditated it. Mere 31rs. Williams rushed forward,
and offiered to corroborate on oath, what Mr. Johnson had swore to.
During this stage of the business Mrs. J., Mr. Johnson's 'rife,
stood a silent spectator.
Alm Williams eagerly requested the 31agistmtes to ai!ow bet to
be sworn to the facts already deposed to by Mr. Johnson, far the
better satisfaction of her husband. The Magistrate acceded to her
renuest, and Mrs. Williams kissed the awed volume.
au, this important subject was decided, and evidently to the
satisfaction of the parties interested, who left the Office in very
high spirits, each bearing off his better half.

SPORTING INTELLIGENCE.

HUNTING.

ROYAL Huirr.—The weather being Son on Xon„
day, a deer was turned out in a large field to the right of Slouch.
far the day's diversion. A larger field of sportsmen assemble( u,
participate in the amusement than has been known this seism.
Spectators of all ranks were present to witness the turning wt.
Lord Ma borough attended as usual, in his full costume, as
to of the King's Stag hounds. The deer set off with great sped
across the fields to the right of Slough and the left of Stoke, toward.
Farnham Common, taking to the left of Taplow, where lie croued
the Thames thisside of hlaidenhead.bridge ; the sportsmen vair.
round Maidenhead-bridge and renewed the chace ; the deer LA
across the country towards Broad-co union with great aleiftn,,
taking to the right towards White Waltham, where be was titit,
after an excellent run.

On Saturday last Mr. Tufnell's harriers found a very game itre
at Ho►ton Mall Spring, which went away to Roswell, and it,'
headed to the left to Writtle, from thence to Chigwell
and ultimately to Great Waltham ; when, after running throLdt
five parishes, she died before the hounds, in consequence of the le-
verity of the Chace and out of a numerous field of sportsmen,kt
three horses were up at the death. This distance supposed tote
between ten and eleven miles, and was run within the hour.
On Monday, the favourite stag, Sailor, late the property of Lod
Glaris, who hunted him very successfully last season, was afm,ia
, turned down before eight couple of hounds, at Mr. William bld's
farm, at Chigwell, precisely at eleven o'clock, and at the end of
' severe run of fifty-eight minutes, during which time the stag ma.
pletely recovered the laurels he had lost on the preceding blandly,
he was taken in the river at Ransford-bridge, near Wriule Ledge;
and we are well informed, that the condition of the stag, front the
attention of Mr. Crook's trainer, is fast improving, and promises
great diversion during the remainder of the season, to the very as.
tnerous sporting men in the neighbourhood of Chebnsford.

The most curious part of the establishment of Mn. Tennise,
Stover House, near Chudleigh, is his meth( d of keeping his fuses.
He has nearly thirty brace of cubs and old one:, many of the haft
of which he has had for some time ; and strange to say, there issue
called " The Bold Dragoon," which has been hunted six tad
tinny times, often affording most excellent runs. What mike
most extraordinary, alien he conies home at night, after the sport
of the day, he never goea into his kennel without taking his supper
with him, which always awaits his arrival. It consists of half a
rabbit and some kennel meat, without flesh; or in default °idle
rabbit, a small portion of flesh. The Bold Dragoon is a strong
dark-coloured fox of the greyhound kind, and does not apnea: to
have lost any of his natural character. Mr. Templar's old tau
are kept in two large yards, in which their kennels, the same mire
use for pointers, are placed ; and they are confined by eollars
chains, the latter are six feet long. The chains of some of them are
affixed to swivels, fastened on the tops of the kennels; so that, by
describing a circle of about eighteen feet, they keep themselves in
tolerable wind. He has one fox in his kennel so tame, tha: he
was his brush as a spaniel wags his tail when any one he knows ap.
roaches him ; and he has one jackall in his possession, which. of
course, he does not hunt—Eider Paper.