The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-28 00:00:00

VICE-CHANCELLOR'S COURT, Amt. 27.

NONTHEY PEARNE.
Mr. KNIGHT moved to discharge an order that had beon oh.
tamed by Mr. Beanies, to compel the plaintiff to make his election
to prosecute his suit in that Court or at Common Law, and the
innund on which he moved for this discharge was, that the eider
had been procured on a talon suggestian.
It appeared that the plaintiff had filed a bill against the defied.
ant for the recovery of certain yenta, at,d had also instituted nee.
tiun of ejectment against him at Common Law, but the=
matters subatantially distinct, the Vlc 1-GiamicsaLOß d
the order for election, with costs.

COURT OF KING'S BENCH, TUESDAY, Arm 27.

COOK v. WOODTV.

This was an action against the defendant for keeping an hospital
for horse*, by whose coughing and kicking the plaintiff's Wilily
and lodgers were disturbed and prevented from sleeping. The d.
Pensive stench was also stated to be an intolerable nuisance.
The landlord of both houses, who lodges with the *WC
proved the nuisance.

The 'cue was put In in evidence. It stipulated that the tilled.
ant should carry on no businsis that should be noisome or 00011etre
to the neighbours.
A verdict was taken for the plaintiff for 5001. subject to a cos
ference to some gentlemen who should inspect Ike priming, and
direct what should be done.

The parties reside in Ocorgc-street, Portman-square.
MT. SCAR LET T and lUr. WILDE Conducted the plaintiff.. MM.
The COMMON-SERGEANT and Mr. PLATT appealed he the
defence.

THE KING t'. THE PARISH or NARY.LA-DONNR.
This was an indictment for not repairing the road on the north
side of the Regent's Park, from Portland Town to Camden Town.
In defence it was contended, that this road was included In the
33d of Geo. 111., which provides that certain roads in the *pet%
Park should be made end repaired by the Crown and the Mho of
Portland, and that the use of the roads should be limited by at-
tain restrictions. The road was admitted to be beyond and with-
out the Regent's Park ; but it was argued, that being within the
limits of what had formerly been Mary.latonne Park, it cams
within the provision of the Act.
The LORD CUIEV JUSTICE had no doubt at all that this road
was not included in the Act, but was free to all the King's sub-
jects. The only question, therefore, was, whether the road had
ever been properly fanned.
Mr. Hastings proved, that in 1818 the mad was properly formed,
and that since then persons passed continually with carnage, and
hones, until it becsine so bad that it was scarcely
Mr. James Ellis contracted with Government re.
rilablmaking this
road, and completed it in Ow year 1818.
Alr. Gaze'. Ee addressed the Jury at considerable length, and
contended that the road wai never finished, so as to make it a pub-
lic road. In point of law he was prepared to maintain that it could
not be a public road until the whole was completed. This toad was
intended to form a commuiecauou from the x;dgeware.read, around
the Regent's Park to Portland-place. That line of road had never
yet been completed.
:Several wile:inset were called to prove that the toad had never, in
their opinion, been sufficiently mule.
Mr. Scaat.reir r, in reply, contended, that if the road was formed
and completed according to the discretio.) of the CAINOVOiIISiOOOII of
Woods and Forests, it must be found a public road.
The LORD (21IIEV JUSTICE, ID summing up, ookl, the Tee-
tion was, whether the road had been famed is a isemnahlo sod
proper manner. Mr. Ellis had made the mad amording ruble ose-
tract twelve hiches deep of gravel in the middle, and Motgletimm ace,
both sides. But the witnesses far the defence hail seed Mat bawl
materials ought re" have hien laid upon the clay below ate grand.'
It was for them to say whether the road, as actually made, as a
road " formed and completed" in toe terms of the Act.
The Jury retired for some time, and returned a verdict fur the
de end: Gatti y.
Mr...ilia:lElr and Air. A:111111AM Wire with Mr. ScanLETT„
and Mr. MERRYWEATIIER and Mr. DARTNELL with Mr.
Gaset LiE. The trial Lasted nearly four hours.

HASTINGS t•. HARDING.

This was an action of nO;er t; Yee o;er the value of • rose diamond
brooch, and two blue snaps, delivered for sale to the defendant, •
jeweller' in Oxford-street, by the plaintiff:
John Tilbuty, the defendant's shopinan, proved the delivery*,
the goods, and that the brooch had been sold for 31. Ills.; the sails
were still in the defendant's shop unsold.

Ou cross-examination he proved that there had been a hag ac-
count running between the parties, on which a balance was actaaUy
due to the defendant.

Another witness was called to prove that he went with a letter to
the defendant. requiring the proceedsof the goods. lie was olfered
the snaps back, but told that the brooch was sold.
Two other witnesses were called on their sub's:eau, and the
plaintiff' was then nonruited.
Air. JONES conducted the case, and 3lr. SCARLETT the defence.
STOCKDALE I*. TURLEY.

This was an action brought by the plaintiff; the booksdkr ip
Pall-mall, against the defendant, a cow-keeper, at Kensington, for
damage sustained by a variety of noises and nuisances by which a
house rented by the plaintiff, adjoining the defendant's cow-yard,
was rendered exceedingly disagreeable, and almost unfit for the re-
sidence of the plaintiff's faintly. It appealed in evidence that the
plaintiff took the house at Kensington, early in the year 1812.
Six months afterwards, the defendant took the farm-yard, which
had formerly been let with the house to Mr. Rhodes the cow-
keeper. Afar the defendant commenced the occupation of the yard
for the purposes of farming and keeping cows, he sent there a great
number, not only of cows but of pigs, who were in the day-time
tumtd loose abcut the remises, and who had taken the liberty of
rooting up the plaintiff's garden as well as their owner's grounds.
It also appeared that horns bad been sometimes blown at unusual
hours in the night and morning, and that the defendant had suf-
fered some indecent proceedings to take place almost immediately
under the windows of the plaintiff's house, whose female lodgers
had been in consequence driven away.
The Jury, under his Lordship's direction, found a verdict forth°
plaintiff, on the first count of the,deciaration, with reference to the
blowing of the horn and the indecent practices suffered by tbe de-
fend,a.L to occur in front of the plaintiff's windows. As to the
other alleged nuisances, his Lordship was of opinion they might
perhaps he Inseparable front the management of a farm, white
certainly the unnecessary noise of the horns, and the other practises
were not. The damages were assessed at one shilling only, with
consent of the plaintiff
Mn. C. PHILLIPS and Mr. PATTESON conducted the plaintiff's
case. Mr. SCARLIeTT and Mr. F. POLLOCK tne defendant's.

SHERIFF'S COURT, KENT, Aran. 26.

CRAFT ER u ITTISTV.I.

This was enaction brought by the plaintiff' against the defendant,
foe a libel on his character. 'The detkodant having sufficed jufig-
ment to go by default, a Jury was this day summoned to We
Green Man Tavern, irackheatli, to awes the damages.
.Me. C. PHILLIPS appeared for the plaintiff: The der...admit
couducted his case in person.
Mr. Piticct PS said, that he appeared on the part of the plaintiff:
to appcal on his behalf fn such dumages as he ought to receive tar
a grows and malignant libel. published against him by the defendant.
For forty or tiny years the plaintiff had been in the service of his
Majesty. Mr. Crafter had, when he entered the service, found that
the mode by which troops wire removed fiom the county of Kent
to that of Essex was exceedingly expensive, and he suggested •
plan that tended much to dimini.h the expense to Goverfftuent.
His suggsitfon was adopted, and to himself was assigned the task
of executing it. It was the termer custom to employ a number GI
boats : thia custom was modified under Mr. Cratier's regulation,
and a small sloop was engaged, and the boats merely employed to
convey the troops to and from this sloop—he engaged at the rate ef
14a. lid. today, to furnish the sloop, and to keep her in repnir. The
boats belonged to the Ordnance, and they were to be repaired at
the expense of Government. Mr. Phillips then went on to state
the libel, which visa charge by the defendant against the plaintitf.
of the latter's having emb=sled ordnance to
led the years
1807 and 1814.

Sir O. Howe was examined for the plaintiff, and deposed, that
the Duke of Wellington had directed the present action to be cum.
meneed, or the plaintiff could not remain in the service.
The defendant then addressed the Jury, complaining that the
action had been commenced against him when he was In insolvent
circumstance'', and urging the Jury not to give heavy ilan'ages.
Colonel Landon, of the Engineers, and Genera/ Osabbett, gar,
the plaintiff a very good character.
The SHERIFF, in summing up the evidence, gloserve•l, that
the Jury would give damages temperately and 1111:14111Iely, and
not such as m let have the effect of immuring elle RAH an Ms
within a prison. _

The Jury retired fur about a quarter of an hour, end returwd a
verdict for the plaintiff—Damages atIlL