The Sun.
London, England, 1824-04-29 00:00:00

LAW INTELLIGENCt.

COURT OF KING'S BENCH, APRIL 28.
Sittings for Westminster before the LORD CHIEF JusTICE•

EDGE V. FROST.

This was an action to recover 1221. for repairing a gas appa-
ratus, and lighting the 'West London Theatre in 1822.
The question was, whether Mr. Frost, the defendant, was
one of the persons who employed the plaintiff to do the work,
and whether he had made himself liable ?
The Superintendant of the Gas Works in Peter-street, proved
that an application was made to light the West London Theatre•
Plaintiff had previously supplied it with gas, but an interval
had occurred during which it was not supplied. The plaintiff
said he had no objection, provided the gas apparatus was
CXa-
mined and put in order by persons in his employ. Frost said,
whatever was necessary should be done. The workmen were
then employed, and orders were given by the plaintiff and
Frost. The Theatre was finally lighted, and the charges were
proved to be reasonable.
On the part of the defendant, Mr. Beverley, formerly ma'
nager and proprietor, and his son, the comic actor, proved that
Mr. Frost had no interest in the theatre, but acted under it
Brunton.

The LOILD CHIEF JUSTICE left the Jury to say whether
the defendant was one of the persons employed at the theatre,
and whether he had made himself answerable for the plaintiff!'
demand.

The Jury found a verdict for plaintiff, with 1221. damages'
They also stated that the defendant had made himself liable.
FORFEITURE OF A LEASE.

-DOE, ON THE DEMISE OF THE COMPANY OF CLOVI-

WOUKERS, V. HAWKINS.
Mr. GURNEY stated the case. It was an action to recover
possession of the Queen's Head public-house, in Twickenham,
on the ground of forfeiture of the lease, by assignment t°
Messrs. Whitbread and Co. the brewers. The Company had
been particularly careful to keep this a free house, and had
refused repeated applications to let it to brewers. In the lease
for 21 year to Olden, there was an express provision of for
feiture in case of assignment to brewers. Olden became in'
debted to the house of Messrs. Whitbread mut Company to the
amount of 8001. The lease was deposited as security with
Messrs. Whitbread. Messrs. Whitbread applied to the Con,7
pany of Clothmakers for a licence to Olden to assign the lease,
which the Company refused. Messrs. Bland and Martineau,
the acting partners of the house of Messrs. Whitbread and Co,
afterwards put Hawkins in possession, by proceedings upon'll
warrant of attorney.
Mr. Crump the Company's clerk, and Mr. Martineau, one of
tile attornies of the defendants, proved that application had
been made and refused for an assignment, and that Hawkins
was now in possession under the other two defendants, Messrs-
Bland and Martineau. In cross-examination Mr. Martineau
said that Olden was indebted 8001. to the defendants, and that
he was desirous to sell his lease,
This was the case for the plaintiffs.
Mr. ScanLETT contended that there was not a case to go to
the Jury. It did not appear by what title tile defendants were
in possession. A forfeiture was odious, and must therefore be
strictly proved. No fact was to be presumed. If then the de-
fendants could be in possession without forfeiture, the Jury
could not presume that they were in possession in any other
form.

The LORD CIIIEF JUSTICE said he should agree, if the
forfeiture could only be by assignment. But any parting with
the interest to brewers was a forfeiture.
Mr. SCARLETT then addressed the Jury. The Defendant
came into possession without the forfeiture„ for they came in by
the judgment of the Sheriff, without fraud or collusion. This
he proposed to prove. . . _

• • . -
The LonD CHIEF JUSTICE said, that he was of opinion
the There depositing of the lease was a parting with the interest
for' the benefit of the brewers, which forfeited the lease.
Verdict for the Plaintiffs.

NUISANCV.
THE RING V. CAMPION AND ORE X.

1 The AT stated the case. The Defend'
ants were vinegar manufacturers at the corner of Old-street-
A steam-engine, lately erected for the purpose of carrying 01,
some improvements in the manufacture of acetous, acids, was
found an intolerable nuisance to the inhabitants of Charles-
square in the neighbourhood. The fumes, too of the acid'
which were particularly volatile and pungent, obliged the
neighbours to keep their doors and windows shut in July.
After an ineffectual offer of submitting to a reference on the
part of the defendants,
Mr. Francis Hicks, of Charles-square, was called, who reset
s
bfnoaordins
notes made daily from April to November last year.. They
stated that columns of smoke annoyed the square,. that the
e was
l
great,Strong
in the orn masg,
smell
very
eeurrsyimnbgeal
a
stench, and smoke so great, that I would not live in FAY
ind
sr(me)fraekelnflasdsi.:tr—er.instiirdehki:snyanerwd—enrtoehies en
otitiel:r:
551. a-year rent. Next house is larger," &c.
By Mr. Bitot;GßAm—The next house is a charity-school;
since December the smoke has not been so bad. Some days
there is very little.
Mr. GURNEY objected to this inquiry.
The LORD CHIEF JUSTICE—I shall make a note of your;
offering, Mr. Brougham, to inquire into the present state of
the manufacture.
Mr. Snellgrass read a similar diary of smoke, smell, and
noise.

The ATTORNEY-GENERAL said, they must have the le-
dict as a security. Judgment might not, perhaps, be called/or'
Verdict—Guilty of Nuisance.

NEW MODE OF TEACHING GEoanAptry.—The
Hamburgh Correspondenten of the 13th inst. con-
tains an article, dated Washington, United Stateer
which states, that an individual of the name 0(

ITS HILL had applied to Congress for a grant
of 10 acres of land, and 10,000 dollars, with
which the individual in question would form in
the neighbourhood of the capital a Geographical
Garden, which should most accurately represcot
the several component parts of the terrestrial
Globe, to-wit, its seas, rivers, mountains, &c. in
miniature. The tEquator, the Eclyptic, as well
as the Latitudes and Longitudes, will also be
deleniated with mathematical precision ; so that
a promenade for a few hours may be made to
impart a much greater degree of Geographical
science than is usually acquired by the study of
year..

The mortality this spring at Dover has been
unusually great ; on Saturday last there were no
less than nineteen persons lying dead and unbu-
ried.

- 341 Od ,t2e pd
33t 6d to 43a 64

COAL-MARKET, APRIL 28.
Ships at Market. Ships sold
251 Newcastle - -
7 Sunderland - - 6

BIRTH.
On the 27th inst., Mrs. David Pries, of Fleet4treet, of *
daughter.

MARRIED.

On Wednesday, the 213thinst., at illarylebone new church.,
the Rev. William White, M.A., vicar of Stradbrooke, in fr;ui•
folk, to Elizabeth, youngest daughter of the late Mr. Serges"'
Marshall, of Teddington.
On Wednesday, the 28th inst., Louis Cohen, Esq., of *20'
New Broad-street. to Floretta, eldest daughter of this late Aso."
Keyser, Esq., of Finsbury-square.

DIED.
Yesterday, in Percy-street, at the house of Mr. Richard
Rees, her brother-in-law, Miss Mary Curtis, aged 39.
On the 27th inst., in the 70th year of his age, Iteubea
Fletcher, Esq., of the Royal Mint.
On the 25th inst., after a long illness, aged 27, Betsey, th 4
wife of Mr. James Ludgater, of the Commercial-road.
On the 27th inst., aged 33, Mr. John Barton, of Fort-place,
Bermondsey.
At Aberdeen, on the 16th instant, Charles DonaldsPn, 1/94"
advocate. . .

At Garth, Scotland, parish of Fortingall, on the 16th inst,,
Margaret MacDougall, relict of Alexander MacDougall, farmer.
at Garth, in the 103 d year of her age. When above a kundred,
she thought little of walking from her own house to Wt.vm or
Aberfeldy, a distance of seven miles, and retuming before
breakfast. Last year she travelled to Drummond (*tie, which
is thirty miles distant, and returned next night.
At Drumore, Scotland, in the parish of Kirkmaiden, on the.
9th ult., in the 105th year of his age, Julia King, officer of hi,
Majesty's customs. Ile was born in Edinburgh, and was three
days under arms, when the citizens at Edinburgh armed for
the defence of the town, in the year 1745. He used to tell 5!...
a joke, that he hat been three days a soldier, for which he had
not yet got his pay. For the last four years he was cloSely con'
fined to bed.

Printed and Published for the PnornixTofts, at the
OFFIGE, 112, strand, by J. il.

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