The Sun.
London, England, 1819-04-23 00:00:00

MISCELLANEOUS PAPERS, Scc.

Mr. LUSHINGTON presented several Accounts
relative to the Revenue.—Ordered to lie on the
table and to he.printed.
A Petition Was presented by the same Gentle-
imin from Stroud, against the Parish Settlement
Bill.

fitrthercnnAideration of the Scot; -Saving
Bank Bill was postponed till the 10th of May.
A Petition was presented front Sir George Al-
derson, in the name and on behalf of others.
greatly interested in lead, tin, copper mines, &C.
praying for a certain relief.—lt was ordered to lie
on the table•

The total account of the amount of the issue of
Exchequer Bills was on motion ordered.
A new writ was moved for Westbury, in the
room of Ralph Franco, Eq. who, since his elec-
tion, hiol accepted the office of Steward of the
Chiltern Hundreds. _ _

Mr. Edwards, from the Navy Office, In obe-
dience to the orders ►if the House, ►resented an
account of the amount of granite and other stones
t,~►rchased for the use of the Naval Daparttuent.—
Ordered to lie on the table.--Adjourned.

LAW INTELLIGENCS.

COURT OF CHANCERY, APRIL 22.

BURLINGTON ARCADE.
ODELL AND OTHERS V. LORD GEORGE CAVENDISH,

HERON, AND OTHERS.

This case was formerly te_dore the Court, when
we fully repo; tvd all thefretticnlats, as stated by
the SoLicit or-General, and it will be recollected
that the case was ordered to stand over in come.
vence•of the agreements not being stamped.
The SoLICITI/R-GENERAL now stated, that -the
papers having been stamped, he had to move that
the Court should grant an injunction to restrain
the defendants from making a passage from the
Arcade to the Western Exchange,Old Bond-street,
as Ibe stipulations contailied in the agreement were,
that there should be only two doors, one north
and one south. The 'defendants had, however,
opened a door to the Western Exchange, or Bond-
street Bazaar; which was become a public way,
and thus the contract was violated. At the same
time, he had no objection to the proprietors of
the Western Exchange who had shops in the Ar-
cade from having a private communicatibn from
one to the other, but then that should not be
public, else it would be necessary to have 20
watchtrucs instead of, two, as at present. It was
said that that door would be shut up •befort six,
but then there was no certainty why it might not
be left open all night.
The LoRD CHANCELLOR observed, that' sup-
posing by -accident h- was inclined to go to this
Exchange;.and see nothing which pleased him,
and it he Went into the Arcade and bought some-
thiog, was he to he forced back by the Western
Exchange, or could be not gO down the' Arcade ?
The SOLICITOR-GENERAL answered, that bona
fide purchasers would not he refused access, hut
woat be complained of was, that the crowd
throogh this new passage was so great when it
was opened, that c ,nstables were obliged to he
called in. All this was. contrary to the regula-
tions adopted by the lesstss, and sanctioned by
Lord George Cavendish. On a former occasion,
allusion had been made by the Court to a cause
which occurred in the House.of Lords. He had
subsequently looked into that case, which was a
case from Edinburgh, the Magistrates and the
City Council of which had sheWn the plan of R new
square, which led to some person's building there-
on, but the square not being completed, one of
the builders
,raised an action against the city,.
which came to the House of Lords by appeal, he
complaining that he had been deluded, and there-
fore-he refused to pay his rent, but tbeir Lord-
ships held that the mere exhibit of a plan was not
a sufficient warranty, and they dismissed the ap-
peal. That case did not, however, apply here,
as the arcade was finished as the plan specified,
and that WAS. well known to all the parties. The
other side admitted in their affidavits, that the
opening. of this door would be highly beneficial to
all patties in the Western Exchange. He held
that this was sufficient to justify his Lordship in
granting the injunction. The Learned Gentle-
man then at great length detailed all the facts
which we formerly.,tietailed, and. concluded by
moving for time injunction.
PETYS 'followed in a very able manner on
the same side. ,

The. LORD CHANGELLOrt wished to know who
the persons were whom this injunction wins to
operate againSt ?
Sir ARTHUR PIGGOTT said, they complained of
Universal Suffrage,--(A lautzis
Mr. PEPYS said, the cuwplaint was against the
defendants for not allowing this door to be con-
fined to the intention of the lessees in the original
contracts. _ _ .

The Loan CHANCELLOR—Yes, but the words
in the license are " to open a communication with
the shops in the Western Arcade."
Mr. Punts admitted this, but said, that these
words were intended to include the private con-
venience of the shopholders.
The LORD CHANCELLOR---Allowing that, still
you don't prevent bona'fide customers going from
the one to the other. Supposing 1,500, or 100,
or any number you, please, were to pass from this
shop in the Atcade to the Western Exchange,
would you call- this a public passage )
The SOLICITOR-GENERAL—The case does not
rest on that, my Lord, altogether.
Mr. Vas then referred to t wo easel in 2 Vesey,
sen.,reports hesrd before Lord HardWieke, viz.
Morris v. Lord Barclay, and another in the same
volume, relative to buildings, in 'Gray's Inn, and
contended that the decision of that Judge there
was s precedent here.
Sir ARTHUR PIGGOTT, as Counsel for Lord-
George Cavendish,• observed, that his Lordship
' was the last person in the world who would have
wished to violate the contract, bur there was ra)
joint contract here, as each tenant bad a separate
`lease. The express object was to facilitate the

trade of both places, and this was known to the
plaintiffs when they took the shops. The affidalit
of Mr. Odell, the plaintiff, stated, he had A letter
sent to him that this passage would be opened, ,
and the rest had the same. The offer, as it was
stated, was intended to allow them to carry on
their business in both places, and the rive"
passage to be made was only to accommodate the
lessee and his customers, but not for the public
in general. The parties thus who took the slops
must have known that this was intended, 09d
how they could object wit now he was at a lose.
to know. Some rumours having reached these
gentlemen, that the lessor was to give a public
passage that way, they went to Lord George Ca.
vendish, who denied that he had such an intene
lion, as all he meant was for the accummodatiotl
of the parties.
The LORD CHANCELLOR said it was "
see that such public concerns could not be kept
out of Chancery. If this Western Exchange wee
a Bazaar, a, • tie apprehended it was, then the
great mischief was, how persons that went there.
as loungers could be turned out of the Arale, bee
cause it was nut likely the Arcadian sho
would like to ask every one whether he or she
meant to buy. Unless the plaintiffs shewed that
the Noble 'Lord encouraged the defendants ill
using this as a public way, there was no grouna
of complaint against-him.
Mr. WETHERELL, for the lessees, contentieje
that the door never should be shut till the CO";
ordered it. It was said this was " a public wale's
pkeepers
which certainly meant that it was open orrairl4;
mortalibus, but such was not the case, as it never
had, Dever would be used as such. The Leone—,
Gentlemen on the other side had made use of Ot;
whintical arguments respecting the danger a 1..:
doors being left open all night. This was just t;
say that the Western proprietors were to I°e,
their property, leaeing it open to the depredalo"'"
of everythief, and :le Arcade to be the
chief subject of 'robbery. It was ludicrous tti
dwell on such au argament.
The LORD CHANCELLOR—Is the Arcade etniv
posed of shops and houses, or shops only
Mr. WETHERELL said of shoos only ; atto titer
f
was therefore a concurrence of necessity dffil
interest, to which he might add, even a e""c""''
rence of motives iirboth places to see 171" t
ties came there, and to keep wit improori,
truders. It was well known that untoY /:;;;je
come there, not for. buying, but '` ut speci e
oe
ipsi," and therefore it was not natural tu,st'Pr
the Western Exchange people would refuse 'e.
whom the Arcadians rejected. The- plaintiff-3, unit
sides, knew that this passage would he made!
he was astonished they could object now. be
Odell, Chairman of the Meeting, soiled
knew so, and this was known to others, o
out of four plaintiffs three knew it. hacf the.
1-le
it was known to all in the Arcade, for lie
affidavit of one shopkeeper there, who doe,-
fused to agree tojoin this combivation eg'"" emof
Western Exchange. Besides, there eva,s
that the plaintiffs represented the
keepers,. and their case was therefore the 1"-ej
individual case of A, B, C, and-D.—el"
Gentleman was here about to proceed to soul' a
gal observations-on the case, and to quote tor° -
decisions, when he was interrupted 'by
The LORD CHANCELLOR, who said he w aS nnor
obliged to go elsewhere, but as no appeals wnie
be heard in the House of Lords to-morrow,
wouhi with pleasure hear further argument
he came in the morning into Court.
ter`
Mr. WETHERELL wished it pit off t... Sa
day, as he was compelled to be in the Cock-Pit
morrow.
objeetion6t;
The LORD CHANCELLOR—I have no
Let it be fixed for Saturday. Before I leav6lo°l,',reo.
let me request the parties in the case of la-,
seeo
of rdarlborough to be here to-morrow, es I Coe
dispose of it in the morning, and also of 'be • •
of Jackson, a bankrupt.
BLENHEIM. t 014
The LORD CHANCELLOR, in reference
cause, said, " Are the two persons w"
possession of the estate at thenheios nar''
the suit !" • e•
The SOLICITOR in the cause said they vveri
Tl.r LORD CHANCELLOR—" Well, the'-egt
give you my opinion on it to-morrow morn'
marls. , I(ellablei
•
On the 21st inst. at Clapham-common, Mrs. -•
of a son. of dagger..
Same day, Mrs. Charles Neatc, of Foley-place, -
On the 2,2 d inst. the Lady of U. J. Call, Esq.

. _
_
MARRIED. of til°
At Calcutta, in November last, James Dewar, Egi• - Col' /
Civil Service,t Emily,'
o youngest daughter of th goo.
Samuel Dyer, many years Quartermaiter-Gencral in ale
East India Company's Seps'ice. ,„a s(l',
Yesterday, at Sr. James's Church, Sandford Graua,"' jot -
M.P. only son of Sir James "Graham, Bart. to Laj-„ 0
Langston, third daughter of the late John Lallgiioo, r-'s'.
Narsden House, in the county of Oxford.
At Paris, on Saturday last,iMilifitle; a fete days! innesg' tilugi'
Lady of the 11ev. 1. Vance.
Onattehre::::stte.ntiinalß.yatirceorzttrhesetu,ntiita:bstl:allieraig;:;l,
eldest daughter of Richard Rush, Envoi', Estr3°rai a
2i n iPßOVlNClAL„.)on.squl3alrlet:lDlluSb,:iNul,Aoßilittlhe:GlF.7-tSb, -
Asr-
_DE ATI4SI
10/1.
BIRTHS.
In M-square,
Mrs. Hewitt, ot a so& I, ad)" ° 1.
Ori the lGth inst. in the College Precincts, the bedra-t
Hon. and Rev. Mr. Rice, Piebendary of Worcester C3l
of a sou. .
....----,,,,-----. ~ late
nif t ftitlED
Lately, Mr. T. H. Jones, surgeon, fifth son of t'hle third:
Herheit Jones, Esq. of Llynon Anglesea to Elizahe,t'i'lirthis
daughter of, the late Thomas
George Ilairis, 'Nicholas,' Esq. of 'lre
instant the
to
of
Cornwall. i soe,
Lately, at Kidderminster, Mr. A. Harris, seem-to- cal/
Esq. of Oatlands, DursleY, to 'Mal'
daughter of John Best, Esq. of.t he former ple.ce.
DIED.
OBlYreb
Lately, the Rev. A. F. T. Burton. the eldest and o
~...,
',icing suu of the Rev. Dr. Burton, Canon of Christ H' ,
Oxford.. or k' 0 k' ill big
On the 14th inst. at his house, Lavitt's Qua),
94d year, Julius Besnard, Esq. •• rner01, 008
Lately, in Limerick, JoMii M'Allister Tave) .1"
ts
of the Sheriffs of that City. , ;:., Alderrl' i
Lately, at his house, Baggot-street, Ditoto,,
.. •0, o - !
Mathew Hone, Magistrate of Merrion-square r"tlhslof his
Police. It is particularly painful to record the death Her se*.
amiable daughter, the wife of Counsello.rlo.l'.:::r6refiel 'i
couchement had only taken place a few dlys befor 17.c0t, .
flier's death, and when informed of the lamentable 6,
i
she almost immediately expired. ~...--• !
—.—
---
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