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

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bad shops in it, who also occupied shops in the
Western Exchange and Bottil-street."
Mr. PIPTI-" This is Hat a case of that kind.
for the Defendant, Heron, has taken down the
stairs io his shop in the Arcade, to tnake it a 'Millie
plunge and thoroughfare. The question is, whe.
they a person having a shop ill the Exchange.
drought only to allow his customers to pass into the-
Aresole or all the world ?"
Thr LORI) CHANcEt.I.OR—" Ott a person's VOW
tit ri.ig the Exchange, it would be hard to knssw•
fi in his countenance whether lie inteittled tn
pur-
, or not ; and if he wished to go into the
I do tint know by what kind of interference.
11, could he stopped."
tin. A furtive PIGGOTT (Counsel for Lord George
c„,,wii.h)_ss The Plaintiffs only complato of
universal suffrage, and they say they are obliged to
r.nistoy constable* to keep them nut."
The Lotto COANCEII.I.OR—" I have not got an
answer to my question. What I mean is, if a man
has two shops, n..e on the east side of Bond-street
the other in the Arcade, and he has the liberty of a
passage from one shop to the other, and a customer
enters bite the Bond-street shop, and does not find
the urticle he wishes to purchase, then goes to the
Arcade 51501 i, and purchases the article ; then sup-
posing he mods to go out into the Arcade, must he
return through the hood-street 'hop, and go round
either to Piccadilly or Burlington-gardens, to enter
the Aseemie ? I perceive the words of the Itcetise is
a dour to have a conouoisication between the two
glare s."
Mr. PF.PTS said there was a very great ditivience
hetweets the Bond-street tenant' mid those oh die
aVesiterti Exchange—the shops of the fossiscr were
divided by a large spurt from the Arcade, and the
latter cause in conjunction with• it. lie contended
that there was a clear caw made oat to induce the
Court to grant an injunction against the Defendant
Lord George Cavendish, as he had broken his con-
tract with the Plaintiffs, who were orcepiers of '
houses in the east side of Bond-street, as he held
oust in them that he only gave them the ptivtlege of
having a cos 0000000 nication front dolt shogun Bend-
a' fatt, to °lope feuded in the Arcade, as a Caaapellae.
tom for having darkened the hack of their houata
by rrevirtg the Arcade.
S,r Manua PIGGOTT said his Noble Client
would be extreatly concerned if it was thought he
had violated any contract he had mode with the
I);aiiitiff., or slay of the other 'ewes of the Arcade.
The lease that he had grunted was the same to one
tenaut as to another ; it was nottrots joint contract,
but a lease rented to each individual, awl the
binding clause as to regulations was, that each lie.
di vistual was to conform to all arrangements and do.
tertninatioos to prevent encroachments of nuimuces
that might be thereafter agreed on and sighed by
Lord G. Cavendish and six of the lessees.
The LOAD CHAOCIII.Loa--`6 Those six lessees
might be taken from the eastern side."
Sir ARTHUR Pletto77 said, they might be taken
from either side. so as three of them were taro
mirth of the centre of the Arcade. and three ou the
south end. The Plaintiffs dud not attempt to dia.
pute the right of communication, fur they only
colispleisied of the use the Defendasit, Heron, had
made of it ; for by the affidevit of the Plaintiff,
Odell, it appeared that the owner* of the houses on
the east sole of Bond-street were to have liberty to
carry use weir business with facility with their shops
on the west side of the Arcade; no doubt but this
was 14 intention to give facility, to let the cus.
Somers go from one shop to the other; where would
be the utility or facility if this was not the Ms-
tent-ion of the license, mud more. that they might
cuter by one shop and go out through the other,
for if not, their purchasers would have logo round,
and enter the Arcade by the north or south
rotraoce. He could not see that the license which
had been given by his Noble Client, could be con-
strued its may other way, fur it was impossible to
give it any other construction thirst that there was to
be free ingress and egress from one Map to the
other. The PI sintiffs said that they had heard
a rumour that there was a public passage intended
be opened front the Western Exchange.tu the
Arcade, and that a license had been grouted fur
that purpose, and that they applied to Lord G.
Cavendish to know the fact, stud he denied (bat
it was in couteuiplation ; so far they were CM-
rsct, fur it WO* I.rVer culitemidAted by his Lord.
ship that there should be a public passage that
every iwritint might pass through, as it was only in-
truded as a csatontstocation from one shop to the
other. lie, therefore., could nut see ally ground
for the Court to grant au injunction against Lord .
George Cavendish, as there was not a single woad
isi the 'rust grunted by him that could support the
grounds of the present application. Whether the
defers:tato, Heron, was justified in what lie had
dosses in making use of the passage as lie had, It
was for the Court to determine; and of he was soil, I
Ise was the only persists all order could be made !

agoiloa.
Mr. HORNE followed on the same side.

Mr. W.wrunatt.L, Counsel for the Defendant,
.heron, arid, it was quite immaterial to his mien,
what might be the nature of other licenses granted
to individuals by Lord G. Cavendish, he stood ou
the license grouted to him for opening a door iulo
the Amadei and he would not shut it without the
Court ordered it to be closed. The door complain-
ed of was used in this way—when person* came
it.to the Western Eschasige, it war supposed they
intended to purchase something, and as it was sup
Kested by his Lordship, it was eery hard to judge
loons their countruances whether it was their mien-
tioii or not, however they wrist through the
E...chahgr, and passed into the Arcade, and this
war mailed molting it a public pas,age, it was
lig such thing ; for of he was in be asked how the
114seloauge was to use it, he would ray the same as
rise Arcade would!, for one admitted the same class
of persons, ineo.te of the.or walls as the other dol.—
It ha betas said, sii pro.e the dolor from Bootle
strert into the We4terri Excloaiove was left open at
night, 'maple might walk into the Meade mod rods
the rittys: titbit woes to say, that the persons in the
aelissige would admit persosis first to rob them-
selves, for the pleasure of rweiliA tlot Arcade robbed.
Such an argument was too farcical fur him to at-
tempt ru answer it; all lie would ins, on the subject
was, that Ins cheat would shut hi 1 doors at the
linure that'll! respectable tradesmen did. He con.
Ir oiled that bas client had only mord tl e license for
the purpose it was inteiaded, that t ydvisitors of
the Exchange might go late the &made, owl