The Sun.
London, England, 1861-05-07 00:00:00

the charge of assault. He had clearly attacked the
man in a very unfair and cowardly way, and must
pay a penalty of £3, and committed him in default

for a month.
HAMMERSMITH.—Mr. John Kelk, the well-
known builder and contractor of the intended Inter-
national Exhibition of 1862, in South Kensington,
appeared before Mr. Ingham, to answer the com-
plaint of Mr. T. L. Donaldson, district surveyor for
South Kensington, for unlawfully commencing a
building on the north side of the Cromwell-road,
before giving two days' notice thereof, as required
under the 13th section of the Metropolitan Build-
ing Act.
The complainant's case was as follows :—The
building in question was intended to form part of
the Great Exhibition of 1862, as the picture gal-
lery, and was one which required the supervision
of the district surveyor. Under the 6th section of
the act certain buildings were exempted, and it was
contended that this was not one of that descrip-
tion. It was also contended that public buildings
came under the supervision of district surveyors, as
fire-proof staircases, &c., were required.
Mr. Ingham inquired what was done on the for-
mer occas-on when the Great Exhibition was
erected in Hide-park ?He wished to know whether
that building came under the supervision of the dis-
trict surveyor?
Mr. Donaldson could not answer that question.
He said it was built on crown lands, and before
this act was passed.
Mr. Keik said he could answer, No.
Mr. Ingham said that, according to the actrcrown
lands were not exempted.
Mr. Donaldson was then sworn, for the purpose
of raising the question. He said that the works
commenced about a week ago for a building 1,200
feet long on the north side of Cromwell-road, for
which he had not received any notice.
The defendant, on being called upon for his
answer, said he had not come prepared to argue the
question in a legal point of view, as there had not
been time to summon the commissioners together
for them to consider what course should be taken.
He attended for the purpose of asking for a post-
ponement.
Mr. Ingham was ready to grant the application,
and said that it appeared to him there was an omis-
sion in the act, as it never could have been intended
that a building of this nature should come under
the supervision of a district surveyor, but as the act
stood it seemed that it did.
The defendant said he did not wish it go forth to
the world that be had been wanting in courtesy in
not giving the district surveyor notice, and he read
some letters to show that there had been a corre-
spondence between them on the subject.
Mr. Ingham said it was not supposed for a mo-
ment that there had been a want of courtesy on
the part of Mr. Kelk.
The defendant then said if Mr. Donaldson had
waited a week longer the consent of the Metropo-
litan Board of Works would have been obtained.
In certain cases the board had power to take away
the control of district surveyors, and he would men-
tion the instance of his building the new Horticul-
tural Gardens adjoining the intended Exhibition.
He was contractor for that building, and the board
had authorised him to execute the works without
the supervision of the district surveyor. The Exhi-
bition of 1862 could never take place if it came
under the supervision of the Building Act ; and he
simply attended that day to ask for an adjournment
for the case to be settled in the same way as the
horticultural building.
Mr. Donaldson denied that he had no authority
over the horticultural building, and said he caused
some alterations to be made. What Mr. Kelk re-
ferred to was certain special powers.
Mr. Ingham said -the question had better stand
over, and asked what time would suit them.
Mr. Donaldson wished for a short adjournment,
as the building was going on. He said there were
certain things being proceeded with which could
not be allowed. If they went on and were con-
demned defendant would have to pull them down,
and therefore the sooner the question was settled
the better for Mr. Kelk.
Mr. Ingham said that would rest with Mr. Kelk.
The defendant said an opinion had been obtained,
and it was to the effect that the building was, lifted
out of the act by the 56th section.
Mr. Ingham suggested that the summons should
be adjourned for the application to the Metropolitan
Board, and recommended the defendant to be care
ful of his right to proceed with the building, as he
might find after expending a large sum of money
that he would have to pull down the works he had
erected. He cautioned the defendant to be careful
of obtaining the consent of the Metropolitan Board
for what he did.
The defendant said that unless he obtained the
consent of the Metropolitan Board there would be
no Exhibition of 1E62. It would be impossible to
erect it according to the terms of the Building Act.
The summonses were adjourned for a fortnight.

COUNTRY MARKET'S.

COLCHESTER-MAX 4.

A small supply of wheat, for which the trade was slow,
and former prices barely made. Barley saleable at prices
much the same as of late. Beans 2s per qr. dearer. NO
peas.
Wheat, white 6os to 66s I Beans, Mazagan..36 -to 420
red 44s to 60s ! Middle & small 42s to 484
Barley —s to —s I White peas 44- to 48-,
Oats —s to —s 1 Grey.... 38s to 44s