The British Press; or, Morning Literary Advertiser.
London, England, 1824-09-09 00:00:00

Clark, to collect the rents. fie received the tent front Drat on the •
13th of May hat ; he ileinandod it on the 12th ; It vuhalf a year's
rent, 301. 'the defendant said that he had recciveilnotice, but that
it vu bad, that it was not sowed on the day it was dated.--( Notice
put in and read.)—Dateil 13th August, to quit 12th May or to pay
•
double tent.
Cress-esainlned by Mr. Sergeant emosa—He has not rot the
agreement with him under which he held the plemitich. lle beard
the mention of it, but don't know what his becqme it.
He-examined by the ATTORNEY.tiENERAL—The first taken
was three years ago.
Mr. Sergeant Cross, for the defendant, said that he would prove
a renewal of the letting of the premises, and time' Milt to call
John Lipsey, who said lie was pre,oit with Dean and ('lark,
when a conversation took place about the notice to quit. Clark
%puke tobtot about his father's dealing with him in his
and said, '• Well, you nil:ie.-if a notice to quit, but that is no
matter ; we shall not differ. It was nut my father's Shah that you
should leave."
The JUDGE said, that the only qurdion for the Jury to decide
yaii the notice to quit served in due time as by law required ;
and if It was, hail the plaintiff' subsequently waved that notice by
letting the defendant continue in possession afterwards.
The Jury found for the plaintiff—Damages, ls. ; Costs, 40s.
I.IItEENWOon V. EDMOND3O:I, ESQ.

In toils ease there was a view.
Mr. Sergeant ('rose, 11r. %CODame, rind Mr. Fell, conducted the
ease on the part of the plaintiff ; and the Attorney-Generul, Air.
Tindal. and Mr. Alderson, on the part of the defendant, as Lord
of the Manor of Caton.
On the part of the plaintiff several witnessa were called to prove
that it 1%.4% a public way • and tire l'e ISO , on the part of the de-
fendant, that it was neither a public nor a ptieate road ; and that
notwithstanding there had been • passage through the gate to
Nook's Farm, yet it was not a public road.
The ATTORNET-tiF.NF:ItAI. took oceision to observe, that
Southampton-street, London, was known to have carts and car-
riages passing and re-paseing every day in the week, except Sun-
day, yet this was only by permission of the Duke of Redford, and
It was well known that there was a bar placed across it to shew
that the Street was private property, and only a thorough! re by his
Grace's permission and authority. in likewise there ',nee thorough.
fare through lewd Fitswilliam's park, yet it was not to be contend-
ed, because his Lordship granted pennietion for persons to pass and,
re-pass through his demesne, that it was therefore a public way.--
It ought to have been by indictment anti not by civil action.
Mr. Sergeant Vetoes replied, and cited from C 011111144 !Aga
the case of Sir John Chichester (11th Geo. II.), and contended his
witnesses had 'hewn a right of way.
The Learned 31113iir charged the Jury, and said this was an
act ion brought by the plaintiff for nominal damages only fur the
stoppage created by the defendant to a right of way the plaintiff
claimed, and the only question die Jury would have to &rule was,
whether this was a private or a public road, In which all his 31a-
jetty'. subjects had a right to peas. It it were a private road then
the plaintiff brut no authority to set u,t a claim to the right of way
in question. If a man, said his lamiship, going &dour a public
highway meet with an accident, such as by falling into a pit, or
otherwise, then the proper mode of proceeding would be by in.
dietinent for a nuisance; on the contrary, if by a private way,
then by a civil action against the person claiming it. The Jury
would draw their own conclusions from the evidence they had heard,
and say to whose weight of testimony they gave the credit.
The Jury consulted together for some time, and then begged per-
mission to retire ; witenins Lordship left Mr. Cross (the Clerk of
the Records) to receive the verdict, which the Jury, after seven
o'clock, found for the plaintiff—Damages One Farthing, Coats
ens. ; thereby establishing it a public road for his Alajesty's
subjects.
This case excited a good deal of interest, the cause lasted nearly
the whole day. and the Learned Judge appeared much fatigued
front taking down the examination of the number of witnesses
who were e..lled on cacti aide.
CROWN SIDE.
James Gallagher, whose cane was mentioned in our paper of the
71h instant, was tried on the second indictment fora high vie! rob-
bery this morning, and acquitted ; and //set O'Neill, fox the
same offence, was timnd Gaffey—Death.
Julia Ifild, aged 30, for wilfully and.tnalietously stabbing Na-
thaniel Greening, of 11'arrington, with intent to murder him, was
found (41/hr, and judgment of death was recorded against him.
.Eil:raril Lowther, aged In, for assaulting %Valiant Grimiliaw on
the highway at New Accrington. and mlibing him of six provin-
eta! bank notes of 201. each, &c. was Mild Guilty, and received
sentence of I I yews transportation.
Satoh llolerty7, aged 30, whom the (hand Jury throw out the
bill against for the wilful murder of her new-born female child, at
Prestwich-cum-Oldham, was tried and acquitted of her concealment
of the birth.