The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-05 00:00:00

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LAW ,firr LLIG EN CE.
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COURT, Liweauerlsw,
Fairfax, Maraca it.
JANILA AND °TRIMS O. 101 VICAR; comical-
IVAIMENS. AND *rum, Till PARISH OP
CROI DON.
'Mr. {TART stated, this was a bill filed by the
'Plaintiff., on behalf of themselves and the other
inhabitants of the perish of Croydon, against the
Defe'inl ints, pirating that they might be ordered
by s decree of the Court, to @mimeo for certain
rams of money lectiveil by them for the use of
the parish; and t'ist the balltice, after the account
war taken, should he paid into the Accountant-Ge.
vieral's office, under the following circumstances :
The inhabitants of the parish of Croydon were anti.
tied to certain lauds in the right of commonage,
particularly that atilt common of Norwood, which
by virtue of Acts Parliament was vested to the
Vicar, the Churchwardens for the time being, and
of the inhabitants, who were to form a body cur-
pirate. Bv the Art of the 46th of the King. it
wee enacted, that the Corporation. out of the pro-
441fre or the sale of the lands, should build a Cot:ti-
llage. for Ow administration of justice. and also *
butter-market, for which the sum of 7,000!. was
*Piped. It was further enacted, that to accom-
modate the increased popnlation of the parish, a
piece of ground contiguous to the church should be
purchased at a sum not exceeding 6011/. ; and that
whenever there should be a surplus of 4001. in the
hands of the (Importation after the enactment, of the
Ist were complied with, that it should be paid into
Accountant-General's office, to be laid out in
.e funds for the 4enefit of the inhabit nits of the
parish. The Learned Counsel stated, that instead
Of the Defendants complying with tledirreitoos of
Act, they hail not accounted, although repeated
applications hail beet, made to them. fur that pur-
pose, mid a Mr. Chatfield, who meted as Treasurer
the Corporation, denied that he was responsible
. his actions to the parishioners. It was admitted
by the Defendants that in their corporate
.office
they had received 10,500/. for part of the lands iii
question, which they hail sold, which would leave a
large balance iii their hands, allowing they had ex.
'tended the 7,000/. in the building of the Court-
house, butter-market, and ptincliate of the burial-
ground. as directed by' the Act of Parliament.
Since the present bill was filed on 1813. the 13,-fend.
ants had paid into Court ouly the suns of 5001.
which was quite inadequate when it was coo-
stilered what a large balance was iii their hands.
The Platifilfs, haivever, were told that Air. Chat.
field, the treasurer, had a claim on the halance in
kiw the is of the Carpi:if...too of 9001. it lull of
cost.. If this was fairly due to that Gentleman, he
could have no objection to go In fore the Master.—
'hider those codsiderations lie had no doubt but

Honour would 'grant the prayer of the bilL
Mr. ROUNILL followed or, the same side.
Mr. Wit.sos. Counsel for the Deferolairto„.cort-
tendert that the Plaintiffs could not maintain their
bill, because the Act of Parliament pointed out
the mode they ought to pursue, which was by pa-
rochial vestries, which the Plaintiffs bad not done.
was true that quahogs had been put by them
Alative to this fond at vestries called for othe► pur-
-14)"•114:41 a hich irroperly were not answered. He,
thel.earned Counsel, therefore conceive!! that the
mart had ocr jurisdiction in the case, rind could
Sot inter i.re.

Mr. HART replied.
His Honour the Vicit-CmatecSt.r.ba observed,
he had not the least doubt but the Cowl had juria.
dictum, and was of opinion that the Plaintiffs, as
parishioners of Croydon, were legally entitled to
call on the Corporation for a disclosure of their ac-
ennuis. lle thought, however, there was a dif•
cult.. in the point relative to Mr. Chatfield's bill of
cons, and hi. holding at the same time the situation.
treasurer to the Corporation. The part of the
prayer of the bill which called un the Defendants
for an account, he most readily granted..
Prayer of the bill granted.

CCVBT OP KING'S BENCH, Wasvmssza,
PIID4Y, Dammam 4.

Siailizs after Michaelmas Term, before Chief
Justice ABBOTT and Common Juries.

NUISANCE.
HARPER V. PARRY.
Mr. SLARLZTT stated, that the present action
was brought to recover such compensation in do-
:gages as the Jury should think fit to award, for a
eon/nice 'committed near the premises of the Plarn-
,ff, by which his enjoyments were greatly impair-
ed. 't he Plaintiff was well-known in London, as
tim owner of the New Jerusalem Coffer-house, and
was very highly respected. He had *marred a con-
Inferable fortune, need had built a very handsome
'ouotry residence at Hackney. His house was al-
lured on a lawn, which was enclosed by a low wall
ai Irma of the dwelling, which divided it from re
cnmmon field. The best prospect was across this
!14n, over the commute field, and on to the hill*,
by Which 1112 view was terminated. The common
betel wip, at a certain time of the year, allotted to
LI: use of the Defendant. From the month-of
.11140 st to April, he made his hay there—beet, it
Aisitimii to the tenant,. of the manor, from April
I.sl,egmt, and they fed their sheep and cows on
it. On the north ride of Mr. Harper's premieres,
+.los w..• the back pert of a row of houses,
''tied flockriev Terror—, which ed en looked on

HI! common field. 'rile Defendant was occu-
i 'kr of sums of these houses—and if, thus situated,
Leper:isle.' in the nuisance, which was a mold ex-
traordistury one, the Plaintiff would be deprived of
the pleasure lie luid for some years enjoyed in his
-notary residence. Some time since, Mr. Her-
•we'slAruity, on rising to the morning, were much
mall:lied to observe the people proceeding along
rheloot:path near the house, with their handkerchiefs
atflo their noses. The gardener on opening the
gardett gate, discovered what was the muter. Mr.
l'arits *it appeared, had thought prover to have
lie privity emptied, from houses iii hackney-ter-
lace, iced the contents spread about the tern F.
brow. The stench was intolerably;
11 Wren PfS, that it was found rieceloary to semove
ihochtltlien—noid, for two days, the lewdly could
atutinhabit the house. The Plaintiff applied to the

Ago!