The Sun.
London, England, 1861-01-04 00:00:00

Wandsworth District, had been cited by Mr. Lewis,
and it is plain from that that the powers sought for
by the complainants cannot be taken under the
Nuisances Removal Act. Lord Justice Turner in
that case says—" The notices served by the defen-
dant upon the plaintiffs upon Jan. 27 and June 8,
1857, purport to be given under the Metropolis
Local Management Act, 18 and 19 Vic., cap. 121,
and they are entitled under both these acts, for it
seems clear that the defendants cannot justify their
proceeding in this case under the latter, the Nuis-
ances Removal and Diseases Prevention Acts. That
act gives no authority to en! er upon air premiss s
in such a co .e as the present, exr,pt in the event of
disobedience to the order of the ju slices ; but there
has been here no order ofjustices. If, therefore, the
case of the defendants can be supported at all, it
must be under the Metropolis Local Management
Act, and indeed upon that act the defendant relied."
This decision is precisely like this, because they had
done nothing under the Nuisances Removal., Act.
I have looked into this case with gre,.
am clearly of opinion that the corr- , ..:c care, and
not be justified in hanvertinp - -.4)la.lnants would
closet. I cannot there- 1, a.privy into a water-
making this order Ti;,,re feel myself justified in
cisely on all e case have quoted is pre-
. !ours—wit'h the present, and after the
n given by Lord Justice Turner I cannot make
dthece%At der. I cannot see that is the slightest pos-
-Itable difference between the cases. Of course, after
the decision given in the courts, a court much supe-
rior to this, I shall have no objection to have my
judgment reviewed. The only difference between
this case and the Wandsworth one is, that here only
one watereloset is concerned, while there there were
altogether more than 30. Lord Justice Knight Bruce
in giving judgment in the same case was equally
clear, for he said—" The defendants claimed, and
claim that power solely under the 18th and 19th
Victoria, cap. 120 and cap. 121, often mentioned,
and of necessity much discussed during the argu-
ment, but especially the sections 81 and 85 of cap.
120, Remarkable as some of the provisions of that
statute seem to be I am of opinion that they do not
deal with the rights of property in such a way as
the defendants contend they do, nor can I find in
the two statutes, or either of them, any warrant for
what the defendants have been attempting, and now
insist upon. The question is, not whether they have
power to cause or order privies within their district
to be put in a proper or decent state, but it is
Whether they have the right or power to force on
the plaintiff the mechanical contrivance of water-
closets, with their requisite apparatus, for which he
is to find water supply as best he may, instead of
the privies (sufficient as privies, if kept in a condi-
tion proper for such conveniences), which are upon
the land for the purposes of his thereon." After such
an expression as this, I cannot myself see how I
can make any order, and I think if your attention
had been directed to this case, you would not
have proceeded further in the matter.
Mr. Stable—Will your worship give us a case to
the Court of Qieen's Bench, so that *see can appeal
against yoar decision ?
Mr. Barker—Yes, most certainly; but you had
better look at the case I have referred to.
Mr. Lewis applied for costs, as they had been
brought to the court two days.
Mr. Barker remarked that there had been £l2
lOs spent on the premises, and suggested that
nothing more should be said about the question, of
costs.

Mr. Lewis said that his client had reaped no
benefit. The work was only completed on the
Saturilay. No account was rendered to his client,
but on the Monday following the present summons
was applied' for. He applied for costs because it
was one private individual against a large parish
with plenty of funds, and it was a hardship on his
client.

Mr. Barker said if the costs were pressed for he
must allovs; them, but he should have thought that
so much-work having been done, that would have
been sufficient.
Mr. Stable said he should most certainty, aly
for his case within the three days alio‘-;ed pp
Mr. Barker allowed one guinea costs, and dis-
missed the summons.

DOVER SAILORS' HOME.

We have much pleasure in publishing the eighth
annual report of this very excellent institution, the
doors of which are always open to the distressed
and shipwrecked of all nations :
" The directors have again to congratulate their sub-
scribers and friends upon the continued prosperity of the
Home, success having attended the institution from its
commencement up to the present time. Every expectation
regarding it has been fulfilled ; and the more it becomes
known by the seafaring. class, the more is it appreciated by
them. It is difficult to conceive and impossible to describe
the comfort which the home affords to poor destitute ship-
wrecked men, so many of whom, of different nations, and
from different parts of the world, are landed at Dover. If
a ship founders either in the Atlantic or in the North Sea,
and the crew are providentially picked up, they are most
frequently brought to Dover as the nearest port which the
friendly vessel makes in her homeward voyage. The largest
proportion of foreign crews wrecked in the Channel and
brought to the home have been Frenchmen. It is but jus-
tice to the South-Eastern Railway Company to record with
thanks their long. continued generous conduct in passing free
to any part of their line all wrecked men who are landed at
Dover, and whose case is authenticated. The Shipwrecked
Mariners' Royal Benevolent Society continues to defray its
stipulated proportion of the expenses incurred for wrecked
men at the Home, and to forward them to their destination.
This society is very strongly recommended by the directors
to the kind consideration of the public. A large number of
men have been entered at the Home as members of this
society. Several sick and wounded sailors have in the course
of the year been forwarded to the Seaman's Hospital, the
Dreadnought. A few more youths have also been entered for
continuous service, according to the regulations of the Admi-
ralty, for her Majesty's Navy. With reference to the pro-
posed Government school for navigation, under the auspices
of the directors, as mentioned in the last report, the inhabi-
tants of Dover made no response. The directors therefore felt
that it was their duty to decline the very liberal offere, of the
Government, and to advise that the establishment of such a
school be for the present abandoned ; with the hope, however,
that it is only postponed for a time. Capt. Ryder, R.N , was
commissioned to come down to Dover on behalf of her. Ma-
jesty's Government. His report for the commencement of
such a school in connection with the Dover Sailors' Home
was of a very favourable character. The inhabitants cannot
hereafter complain of any loss in the matter of the education
of those children who were intended for the sea, which has
arisen entirely from their own apathy. The Hon. Secre-
tary having succeeded, on his own account, in purchasing
a site, and in building a school-room, adjoining the
Mariners' Church, at an expense of £350 (the whole of
which is paid)—in a deed of gift has placed the building at
the disposal of tho directors, and as the property of the
Home. The deeds of conveyance are drawn out and handed
over to the Sailors' Home free of charge, by the hon. soli-
citor, G. Fielding, Esq. In the event of a navigation
sawed being hereafter established, this building will be
found of essential service; or beds can be made up in it
should a larger number of wrecked men be landed at Dover
at one time than the Home can accommodate. The balance
sheet will be the best expositor of the financial state of the
institution; all debts are paid. The directors feel it to be
no slight matter to be able to report that there are now no
liabilities upon the building, and no outstanding accounts
for the current expenses. Since the completion of the house
upwards of £6OO has been paid off. Four hundred pounds
of this was due to John A. Beaumont, Esq., the liberal
patron of the institution, who, in addition to a donation of
£5O and other gifts, advanced the money free of interest,
until (without limitation of time) the directors were en-
abled to return to him the money so kindly advanced. The
directors beg to acknowledge the receipt of a large quantity
of cast-off clothing for the use of destitute shipwrecked
men. These clothes are found of essential service in many
eases where the crews are not members of the Shipwrecked
Marines' Society. Further contributions will be received
with thanks. The receipt of coke from Messrs. Anderson
and Jones; of local papers from their respective proprie-
tors ; together with books and charts from various friends,
are acknowledged with thanks. The directors cannot con-
clude their annual report without again expressing their
humble acknowledgment to Almighty God for the success
of the past, and their trust to Him for His blessing upon
the future. They would urge upon their friends continued
exertion in behalf of this national establishment. Every
wrecked crew that has been brought within it has been
from other some port, either British or foreign, not from
Dover. Upon this ground the directors feel that, as
hitherto, so for the future the Home should be supported
not alone by the inhabitants of Dover, where, as the most
eligible spot for general purposes, the institution is located
—but by all who have the interest of the seafaring class a
heart. The`directors hope that the subscriptions in 1861
will be so liberal as to enable them to enlarge the sphere a
there operations ; and to put the home in such a state of
efficiency, in all its departments, as shall render it still
more worthy of the high position which it holds :amongst
the ;philanthropic institutions of the various seaports of
Great Britain."

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