The British Press; or, Morning Literary Advertiser.
London, England, 1819-04-23 00:00:00

LAW INTELLIGENCE.

COUWF OF COANCERY, Ltrcour'e•lJF,

TIIURsDAY, APRIL 22.

THE BURLINGTON ARCADE.
()DELL and orimas a. LORD GEORGE GATERa
DISH. HERON, and OVIIMS.
The SOLICI Vitt-GENERA In.fore the holiclsys,
moved, on the part of the Plaintiffs. for an injunc-
tion against the Defendants; hut it was stopped
in !invitee, ar the agreement for a lease between
Lord George Cavendish and his lessees Wkl% not
stamped.--[For tritnt passed on that occasion, see
Kris Paper of friday, April 21
The SOLICITOR-GENERAI. this day stated, th:it
the agreement had been stamped since l!e
the honour of mentioning this Coe In to his
Lordship. The tinoticrt he had to 'peke was for
Ni) injunction to retrain the Deleint lilts from
opening a passage Imin it e We-tern Exchange
into the rudiugtoh-mcdrte. up would MAW
the e;retintaldistrs of the case very I.hortly, as

they mord be tre.h to boo Uord.hip'• rt
Lord l:reorge Cavetreli4) had otarle a ho•:,!ose
of ineprovealcottr io the urighhouthod of Dor-
hovels I mud, in peobcular, Lr had erected'
a 114118ber Or 111101).. %ill) a Inis-oge the middle.
which wag covered over—.-the•or .hops approximate +1

to Burlington House, from w heave it derived its
nettle of the Purliiir.,ion--,trade; although there wars
only one building, thew two rues of shops, which
run due north from Piecedilly into Burlington-
garderni. The Western Exchange Wdfil to the we-t
of the Arcade, and the entrance into it was
from the rust side of Band.sireet, and was well
knowo to be a place of feshioeable resert.—
'Mr. Weir, as the surveyor unit agent of I.n t
George Caveridish, was employed by his Loodsiiip
to let the shops, and aceurdingty he sea' a priiitttl
circular to several persons for that purpop.. The
Plaintiffs had various commailications with Mi.
Weir on the subject, and on these occasions it was
sidled by him, that, although the shops might he
let to • variety of tenants, it was !dill to be eon's.
dered as one CorliCtrli, and to be goofed by certain
regii !anima. It was also agreed, that there should
be but two public comm.-a—rale in l'iccadillj, tbe
other in Burlington-gardens. The rent fur a %Male
shop was to be 361. per amintri, and 61. a-yeas inr
repairing, lighting, watching, :tee. the Arcade; the
double shops to be double rent ; the truants of the
single shops to pay a line of 159/. fur a fourteen
years lease, and those of a double !hop 250/. The
Pleint:ffs agreed to le-come tenants on these term..
It was thought oecessary to have a general meeting
of the lessees to settle the regulations. winch ac-
cordingly took place on the 231 of February, at
the Thatched-Haase, St. dames's, when the Few,-
tannin were agreed to, and a committee of pis of
the teriatits was appointed to carry them into effect.
l'he plaintiff, Odell, was alai:man on that occasion.
The reason that Lord George Cavendish gave the
Plaintiffs preference was, that ill builithi4 the
Arcade he had darkened the back of their
houses in Bond-street, they briiig occuliiele
of houses on the east side of that stre,a, anti
his Lordship thought it was but jointer to gibe
them the privilege of makieg a Ovine pas-
sage from their houses to their shoo, for the ac-
commodation of themselves and their se, vants, but
this was a privilege not to be granted to a.,y other
lessees. The Defendant, Herrin, wet, the buildtr,
and part proprietor of the I‘'estern Exchiroge,
and had become a tenant of one of the shops on
the western side of the Arced.-, and had made
a public passage from the Western Exchange
through the shop into the Arcade, and it appeared
from the affidavits that lie 11.111 invited the puled c to
make use of it to the gnat detriment of the Plain-
tiffs. If the Defendant had only mud- tier of
this passage for his own accommodation and thin of
his family, the present application would ii-vet
have been made to the Court, hut by this bring 4
public passage, the properly of the other lessees
was put in jecparily ; there were four porter, ap-
pointed, two to attend each door, to see that view
but respectable persons entered into the Arcade ; if
a third public eetrence was allowed, this precaution
became nugetory; there was an end of all reps.
lations, there was no use in shutting the two regular
doors at eight o'clock iii the evening at one sensors
of the year, and at nine during the other stilton.
while the third door was open. The Defendant.
Heron, says, he shut it at six o'clock ; this might
he the case, but he is not obliged to do so. When
he (the Solicitor-General) mentioned this case be-
fore, his Lord-hip suggested a case which had oc-
curred in the House of Lords, relative to the Cor-
poration of Edinburgh ; he hid looked into that
case, but it did not hear on the present—for here
all the tenants agreed to one arraagement, and they
all knew that there were to be two entrances to the
passage, the whole arrangetireets would be frus,ra-
tett if the .bird entrance was alloe ed. Tin e
is a covenant in the agreenitin, on the part of
Lord G. Cavendish, that he ii mild do the iepsios of
the two entraticet, but there was nothing btieling
on him to repair the third entrance ; there was al-ut
an end to the security held out to the lessee, by
Lord George Cavendish. It was not a private pe--
sage for the accommodution of the D.:fend:nit,
Heron, but for the advantage of all the persona in
the Western Exchange : this, then. made it euelt a
case, that one tenant could apply to restrain another
from doing that which was detrimental to the
whole. Oil these grounds, lie submitted that the
tujunction ought to be granted.
Air. PEPT3 followed mi the same side, and said,
it was not disputed by the Defendants, that this
was an open Hllll public passage ; so far horn it,
they admitted the fact by their affidavits; but they
say, it it was shut up, it would be of great injury
tb the Western Recharge, and by its being open it
was of great eaverarge, and they were kind esiough
to say, it was the same to Ins clients ; but they did
not think so; for tiottarice, ?I man having a tiou-e
with a piece a ground before it, over which he had
a pasea4e rue himself and f. ly, had recite right so
putpuse ; it was py the
uric it fur an). otr.er
lene, as to ale paorige in dispute.
,l
Ine Lorin CHOCELLowt—" If • man has a
shop in the Sl:esters' Exchange, wad another in the
Arcade§ W ith 5 beans,' for • passage (coin „„„e to
the other.; would riot a customer be at liberty itt,go
from one ,hop to the other, througfiithat pa
two enestrginets
if so, the i there weir:4l Lir, instead o
to the .tcAle, es marl as there wilre perilous who

r

1
1