The Sun.
London, England, 1828-10-23 00:00:00

LONDON SESSIONS, OCT‘ 22.

After some common assault cases had been tried,
the Court heard the appeal of Michael Scales, of
No. 44, Aldgate-square, butcher, against a convic-
tion by the Lord Mayor, under Michael Angelo
Taylor's Act.
The COMMON SERJEANT, who appeared to sup-
port the conviction, stated, that the defendant occu-
pied a shop in the place mentioned, and that he and
a number of butchers had pent-houses before their
doors, which overhung the public pavement. On
the particular day stated, the Commissioners of Pave-
' ments placed a quantity of new pavements under
the pent-houses, and this pavement Mr. Scales had
removed. He had thereby rendered himself liable
to penalties of .5/. for each foot of stone removed,
and also to 101. penalty for having broken up the
pavement without having given notice to or received
permission from the Commissioners. The Lord
Mayor convicted the defendant in two mitigated
penalties. It was (the Learned Gentleman believed)
contended by Mr. Scales, that the ground under
these penthouses was private property—that the
public bad no right over it, and the Commissioners
therefore no jurisdiction. The question was one of
considerable local as well ,as general public im-
portance.
The assistant to Mr. Acton, the surveyor to the
Commissioners of Sewers, and several other wit-
nesses, proved the fact of the removal of the stones,
and the disturbance of the pavement, without notice
to, and permission from, the Commissioners.
The COMMON SERJEANT put in the record of the
conviction of a man for stealing a sheep from Mr..
Scales's premises. In that record the premises were
set forth as being in the parish of St. Botolph, Aid-
gate.
Mr. ALLEY objected to the reception of this record.
The RECORDER overruled the objection.
Mr. ALLEY made a very spirited speech in behalf
of the respondent, in which he contended that no
proof had been given, either that the ground in ques-
tion was where the venue was laid, or that it was
public property.
The CoMMoN SERJEANT, in reply, said, the Act
authorized the Commissioners to remove all en-
croachments on the highway, but made a special
exemption in favour of the butchers' penthouses,
thereby intimating that they were built over the
public road, and might be pulled down, but for the
special exemption. • It was not•to be listened to, that
the butchers who received the permission to hang
out their meat over the public road, might build up
to the very edge of the space now covered by the
penthouses, and deprive the public of so much light
and air.

The RECORDER said, the Court were of o.ivnion
that the appellant had not made out his case.
The conviction was confirmed.
Mr. ADOLPHUS applied for a license to allow the
performance of music at the house of Mi. Mayne,
called the Golden Lion, at the corner of King-street,
in Smithfield.

The Court granted the license, which ♦vas imme-
diately filled up according to the prescribed forms ;
the result of Mr. Hillary's delay having afforded a
wholesome lesson.

The work people -on the Castle Hill have,
within these few days, cut into a subterraneous gallery.—
It appears to ascend from the Gras.sinarket, and to termi-
nate within a few yards of the half-moon battery, which it
was probably the intention of some besieging army to
undermine. The breadth is from two to three feet, as is
usual at present in galleries constructed for purposes of
this kind, and it is probable the height must be about five
feet, although it is considerably less near the upper extre-
mity, owing to the work people having allowed the earth
to roll into it. Although excavated in earth and rubbish
that has been evidently thrown from a higher part of the
hill, it seems to have undergone little change since it was
formed...• Edinburgh Evening _Courant.