The Sun.
London, England, 1827-04-27 00:00:00

plaintiff; he said, you must remove your vgine—
it will be a great expence, but no matter, it
must be removed ! In compliance with this
suggestion, Mr. Clement had actually removed.
the engine at an expense of several hundred pounds.
Whilst this was being effected, the defendant could
not of course give up his property, which was the
source of a large income to him, but the alteration
was effected with as much haste as could be reason-
ably expected; even this, however, did not satisfy
the plaintiff, and he proposed to assign the lease of
his house to Mr. Clement for 14 years, at a rent of
180/. a-year. Mr. Clement acceded to this proposi-
tion, great as the rent was, and Mr. Watson then
came forward with a new demand. He asked for a
fine of 8001. and a rent of ISO/. a year for a 14 years'
lease. The object of the plaintiff clearly was, by
bringing frequent actions to compel Mr. Clement to
come to any terms, or else to give up the whole of his
valuable property. He (Mr. Scarlettl trusted that
the Jury would not aid the -i'n;ritiff in such an ob-
ject. A new engine had been substituted for that
which had annoyed the plaintiff, and no reasonable
cause of complaint now existed. Until the new
engine was constructed he admitted that the nuisance
had existed, and therefore that a verdict must pass
for the plaintiff; but under all the circumstances he
thought the Jury must be of opinion that nominal
damages would be sufficient.

Mr: John Lloyd is an engineer; made the engine
which is erected at the Morning Chronicle, in the
Strand; it is an engine of two horse power; the
pressure of such an engine is necessarily small; the
engine is in p feet order; the new engine was put
up last year, and the old engine entirely taken away.
The new engine is situated about 18 feet from the
spot where the old engine stood; it is situated in a
coal cellar, and has no connection with the party
wall. Witness has used his best endeavours to
prevent the engine now erected from making a noise
and does not think it could annoy the persons living
in the next house.

Cross-examined—Witness gave the same opinion
as to the oli engine; had said that if it was at work
in the Court while a cause was going on, his Lord-
ship would not desire to have it stopped.
John Macey was the mason employed to do, the
brick-work necessal y for the election of the new
engine; the object was to prevent any shaking or
any noise that could be avoided. Witness has been
paid above .50/. for his share of the work, and does
not think there can be any vibration felt now in the
next house, or any noise that would be seriously
alarming.
J. Harrison, an engineer, corroborated the evi-
dence of, the two former witnesses. Witness was
paid over 50/.
_ . _

Several other tradesmen, who assisted in erecting
the new engine, deposed to the same effect. The
new engine commenced working in October last.
The person employed by plaintiff to superintend
the engine, proved that he heard Mr. Watson tell
Mr. Clement that I.e would be satisfied if the engine
was removed. It was the air pump of the old engine
which used to make the noise, but that had been
removed when the new engine was erected.
Mr. Clement, the Surveyor of the parish of St.
Clement Danes, was acquainted with both the
parties, and asked the plaintiff to come to some terms
with Mr. Clement, and the plaintiff said he would
be glad to get rid of the premises on and• terms, and
that if Mr. Clement could give him 180/. a year he
would give up the house altogether, and assign the
lease. Witness mentioned this circumstance to Mr.
Clement, who agreed to the proposal, but upon
mentioning the subject again to plaintiff, he said that
he would not take 1801. per year, but that he would
take 140/. a year and a fine of SOO/.
Other witnesses were also examined, who con-
curred in stating, that in their opinion no serious
annoyance could result from the working of the de-
fendant's engine as it was now erected.
Mr. GURNEY replied at some length.
The LORD CHIEF JUSTICE then summed up ; and
the Jury, after consulting for about half an hour,
returned a verdict for the plaintiff generally.
Damages—Two Hundred Pounds.

COURT OF COMMON PLEAS.
PAYNE AND OTHERS V. GAGG.

This was an action for the recovery of two pro-
missory notes, dated in May, 1816, granted by the
defendant and another person to the plaintiffs, who
were bankers, and as the defendant kept an account
with them, the notes were placed to his when
due. Mr. Hope, one of the plaintiffs, placed several
sums to the defendants' credit by way of loan, and
in consequence of this the balance appeared on the
plaintiffs' books in the defendants' favour ; but it
was contended by them that he was not entitled to
claim credit for the sums transferred by Mr. Hope ;
to which it was answered, that Mr. Hope, as an in-
dividual, ought to sustain that loss, and that the
house had no right to avail themselves of it. The
Jury found for the defendants.

THE MARKETS.-(THIS DAY.)
CORN-EXCHANGE.
There are short arrivals of all kinds of English Grain this
week, and the supply of Foreign Oats is moderate. What few
samples of good Wheat are here obtain rather more money than
on Monday last. Barley, Beans, and Pease, fully maintain the
terms of last market day. There is a fair demand for Oats at
Monday's quotations.
•RILIVA LS.
Wheat. Barley. 1 Oats. I our.
English 2,650 qrs. 8,,r, 1,400 qrs. 2,oaoscks.
Irish
Foreign I
270

1,300

12,050

SMITHFIELD MARKET.

This day's market exhibited a short supply of Beasts, a fun
moiety of which were lusty cows, with a limited number of
Sheep, but was moderately well supplied with Lambs, Calves,
and Pigs; Beef, Mutton, Veal and Pork, went off with some
degree of briskness, at about Monday's prices, from which Lamb
receded full 4d. per stone.
PRICES exit STONE OF SLES. TO SINK TIIK OEFALS.
s. ii. to s. d. s. d. to s. d.
Inferior Beasts 3 6 310 Large Lambs
Second quality ditto 4 2 4 6 Prime small ditto 5lO '7 0
Prime large Oxen... 3 0 5 4 Large coarse Calves 4 4 5 0
Prime Scots, 5 4 5 6 Prii.tie small ditto 5 6 r 0
Inferior Sheep 4 6 410 Large Hogs 4 8 5 0
Secondquality ditto 410 5 2 Smallyorkers ..... 5 4 5 S
Coarse-woolled tto 5 6 5 8 Suckling Calves 12s. to 361. each.
SouthdownWethers 5 8 6 0 Quarter old Pigs 10s. to 16s. each.
SUPPLY, AS PER CLERK'S STATEMENT.
Beasts. 'Sheep and Lambs.' I
Calves. Pigs.
40S 6,4;'0 222 120
An useful short horns Milch Cow, with her small Calf, was
north from 221. to 241.

NENVGATE AND LEADENHALL MARKETS.
At per stone, by the Carcass.
s. d. to s. d. fi. d. tog. d.
Beef 36 4101 Veal
Nlutton 4 0 5 4 Pork
Lamb ss. 6d. to 6s. Bd.