The Sun.
London, England, 1818-11-26 00:00:00

THE COMMISSIONERS OF SEWERS OF THE DISTRICT

OF RYE V. THE COMMISSIONERS FOB THE HAR-
BOUR OF RYE.
Upon this case the argument postponed on Fri-
day last was resumed, and
Mr. Serjeant -COPLEY discussed the grounds
upon which the rule conditional was granted.—
The Learned Counsel commenced . with quoting
the statute of the 37th of the King, by which the
Commissioners of Sewers were constituted, in
order to -slim that those Commissioners were
authorised to erect dams and other works for the
preservation of the land committed to their care ;
and conclitUd that toe bare possession of any
place upon which any such dam or work was
erected, was sufficient to invest them with the right
of action against any wrong doers towards such
WOOS. With regard to the question of the Chief
Justice, on a former day—namely, whether there
was any case in which the Trustees or Conductors
of any public work had brought an action for in-
jury done to such public work, those Trustees or
Conductors stating the possession to be in. them—
selves, the Learned Counsel admitted that he had
not been able to find any such case.—but he ar-
-gued that to find such a case was not essential to
_the maintenance of the rule, as the present was
.riot a case in point ; the plaintiffs itt this instance
Ataving brought their action, not merely as the
11.4trtustees or Inspectors of the public work alluded
.tts„ but as the persons invested with the posses-
sion .of the property upon which the dam was
erected by the Statute of Sewers.—As to the ob-
4ervation, that persons employed by those Corn•
tnissitineta could not bring an action against them
ifor wages or for work done, because the commis-
sion fornictl a Court of it did not follow,

ttp
that, even admitting this observation to b
h?
these Commissioners were precluded front -11 or
inF, an action against any wrong-doers, or for :to
injury done to themselves. There were, it A
known, three public bodies who were entitled
bring such actions of trespass as that under con c
deration—namely, Commissioners for Drei("lgui
Surveyors of luclosures, and the Corporation,_fi,
(t)liiietll'erinoitte
Trinity House.
side,otrse Reverting to the allegiluub
that plaintiffs had oat - .
right of possession as could. invest them, 'AI( th
right of action, the Learned Counsel observe
Ad
that it was iu evidence that these plaintiffs
o
purchased the materials of which the dam jojure
by the defendants was constructed, while OW
clam
was constructed under the immediate direction °
the plaintiffs, who continued it; the possession tipf
to the period at which the injury complained 01,
took place ; and these circumstaoces coustitaie(
he thought, a sufficient right of possession to OP
title them to bling the present action•
The CI-CIEF JI.ISTICd observed, that the CO!v
missioners of the Dock-yards most have a stronger
right of possession in the Yards under their c 0".
trout than the present plaintiffs, and. yet he
prehended that there was no instance whatever II
these Commissioners having brought any neli°'
against wrong-doers,stating the possession ofthc"6-
Yards to be in themselves.
Mr. Serjeant COPLEY begged with deference 1..
remark, that the case adverted to by the Learnhe.
Judge was totally differeut.from that before
Court. For the Dock-yards were not the proPerti
of the Commissioners alluded to, but that of this
King. These yards were, indeed, as much the
property of his Majesty as the palace at Windsor;
and conseq is the Commissioners of th°s
yards could not describe them as their property

any respect.
Mr. Serjeant LENS spoke in support of the valet
•
maintaining that his Learned Friend wh°Pairie
ceded him had throughout argued upon Per'7o
principii, inferring the right of possession Hip
use, and the right of use from possession..
Learned Friend had not, he contended,
litteredword to chew that the plaintiff's had a "Yi Id ;
possession in the place upon which the dam al
to was erected, as could entitle them to bring
•

present action. ed
Messrs. Serjeants BLOSSET and TADDY fo"°-
on the same side.
The CHIEF JUSTICE expressed his concurrelle!
in the opinion of the Counsel for the defendalli;
His Lordship observed, that from the enactaleo,
of the statute of Henry VIII. constituting Gigoe,
missions of Sewers, not a single instance 118° Lis
curred of an action similar to the present el:400
was an observation of Judge Buller s, tlitt 'aro
precedent could be found for any propos" co-or
of proceeding, that circumstance furnished a°og,
gument against the propriety of such proceetidie
After reviewing the arguments on both sides',
Learned Judge concluded with pronottncinbapti
decision that the rule should be made atsoltt'te'
that judgment should be entered as in the case .
nonsuit. .010 ,
The other Judges concurred in this (least W'-
O
Mr. Serjeant BEST intimated, as was I ,
stood, that further proceedings would be ,
---
tuted in this case.

,dlit.

---
RozßEßltts.—The house of Sir John nail
at Cambexwell, ..-;as broken open on ~I:ite
night, and plundered of various articles °Yoele
and linen.—Au attempt was made on the hot
of Mr. %Vybrow, of Camberwell, on the soti
night.---A young woman, named WiWarns' to,
met in Peckham-lane on Sunday night, bl 4
men, who robbed her of all her moneY -111
bundle of clothes.

COAL MARKET, NovENDEB S 5. ma. gt,
ships at wen•
- &lips sol
OA od. 4
16.
9 .... .......33g. ,t 16.
• •• 9 Sunderland . ct7s• od•
0 4
...

-------
M ARR ED Wel°
re ci
On Tuesdasy last, Mr. J. G. Saunders of Stani-spi!tu
Park, Middlesex, to Ellivabetti, sister of Mr.
Battle-bridge, St. Pancras.

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