Star.
London, England, 1818-02-19 00:00:00

LAW INTELLIGENCE.

COURT OF JUNO'S BENCH, FEBRUARY is.
cnoomi V. LONDSDALL.
This was an action to recover damages for 1561.
10s. in compensation for injury sustained by the
plaintiffs property, in consequence of certain opera-1
tions carried on by the defendant, under the circum-
stances following :—The plaintiff is the tenant and
occupier of two acres of nursery grounds, near the
Highgate Archway, and rented by him from the de-
fendant, at one pound per acre, since the year 1813,
on a lease for 99 years. The defendant is a land-
holder in the same neighbourhood, and has carried
or. there the business of a brick maker to a conside-1
table extent.
The claim of the plaintiff was grounded on dama-
ges stated to have been sustained by him in the last
year, in the plants growing in his nursery grounds,
ft cm the smoke and heat of the defendants brick-
kilns, erected so close to the plaintiff's nursery as to
scorch and perish a great quantity of laurels, laurus-
tinusus, fruit trees, and other growing plants.
A great number of nursery-men, who had fre-
quently examined the nursery, proved the injury
sustained, and their firm opinion that it was caused
entirely by the heat and smoke of those brick-kilns
blowing over the plantation ; and it also appeared
from their testimony, that in the year 1816 a com-
plaint of similar injury from the like causes sustained
by the plaintiff, was made to the defendant, in con-
sequence of which an arbitration was had, consisting
of nursery-men, approved by both parties, who awar-
ded a compensation of fifty pounds for the damages
sustained in that year, which sum the defendant not
only paid, but voluntarily added ten pounds more.—
The present action was brought for damages sus-
tained in the last year.
A number of witnesses, nursery-men also, swore,
from their skill and experience, that the brick-kilns
did not and could not cause the injury to the plain-
tiff's nursery ; that they had recently had opportuni-
ties of examining the plaintiff's nursery ; that the
plants were in general in as good a state as in their
own and other nurseries ; and that the evil complained
of arose from the badness of the soil and dampness of
the situation, and the blight, heat, and a subsequent
unseasonable frost in the last summer. _ _ _

Mr. MARRYATT, after contending that the plain-
tiff was entitled to no verdict, argued that in all
events the damages which were compensated by 601.
in 1816, were again taken into the estimate now
claimed for the last year, and ought to be abated from
any verdict the Jury might be disposed to give in fa-
vour of the plaintiff.
Mr. SCARLETT, on the other hand, replied to this
point, by saying, his Learned Friend had never asked
any of the witnesses a single question to show that
this 601. was not exclusively for the injury sustained
in 1816, and formed no part of the estimate for that
sustained in 1817.

Lord,ELLENsonounif summed up the evidence to
the Jury, who, after a short deliberation, found for
the plaintiff.—Damages, 1561. 10s.

MIDDLESEX SESSIONS.

PHILONIATIIIC INSTITUTION.

Yesterday an application of a most novel nature
was made to the Court. A young man of respecta-
ble appearance applied to the Bench of Magistrates,
for a license to hold a society under the above name,
for the discussion of various questions. It was a
strange circumstance in the application, that the
debates were stated to extend to every thing except
morality and politics.
The CHAIRMAN was struck with this exception.—
He begged to know upon what ground moral sub-
jects were excluded from the consideration of the so-
ciety ? It surely was not in the contemplation of
the philosophers of whom it was composed, that there
would be any objection upon the part of the Magis-
trates to a discussion the most likely to benefit all
ranks ; and he presumed that the exclusion of such a
theme was not intended to convey a hint that the
philosophers had any intention of giving practical il-
lustration of their objection to the subject they had
rejected.
The Philomath replied, that the society which he
had the honour to represent entertained no suspicion
of the good intentions of the Magistrates. The reason
the society had thought proper to exclude morality
was, because morality was so very obvious to them,
there could not possibly be two questions upon it.--
There was nothing connected with the system of mo-
rals upon which there existed the slightest diversity
of opinion. The examination of subjects on which
the public mind was divided was more properly the
province of the Philomath.
The CHAIRMAN most warmly congratulated the
society upon their arrival at the point of perfection.
The confidence and unanimity that existed upon a
qUestion of such vast importance ; the circumstance,
that after so many age's it should fall to the lot of
the Philomath to fix limits to thought, and to purge
she
.great r;•iss of doctrines of all defects and incon-
gruities, manifested such an ascendancy over all other
societies, that they would no doubt become the most
extensive in the kingdom.
The Philomath smiled, and took the compliment
kindly. Ile hoped the Magistrates would examine
the grounds of the application submitted to them,
and grant that they should proceed upon their plan
for adding to their stores of knowledge.
The Philomath then handed up a card, containing
some of the questions for discussion. On the first night,
vii.—" Whatever is, is right," " Have we reasons to
believe that this age is more depraved than any for-
mer?" and " Is Lord Byron or Walter Scott the
greater poet ?"
The CHAIRMAN having consulted the Magistrates,
said the application should be considered.
The Gentleman bowed and left the Court.

A poor Irishman, named Dennis Magrath, arrived
on Tuesday, for the first time in his life, in London,
by the Liverpool coach, at the Saracen's Head, Snow-
hill. On alighting, he was accosted by a fellow in
the garb of a porter, who offered, for a trifling remu-
neration, to procure him a good lodging, and to
carry his bundle. He consented ; but they had mot
:d far, v.lien the villain darted off with his
containing all his worldly :wealth, leaving the
[ben:llan to lament his credulity.

rrocccdo
trundle, c
poor Hib