Star.
London, England, 1828-05-20 00:00:00

the defendant to get the road inspected by the Justices,
to ascertain whether the road was really necessary and
convenient for the public, and whether it might not be
shut up? The fact was, that the rod had been ob-
structed for nineteen years and a half,, and no complaint
had been mode by any body. The prosecutors had
some other reasons for the proceeding than the public
convenience.—Rule granted.
Sir JAMBS SCARLgTT and Mr. ALDERSON showed
cause against the rule, and stated, that from the mode
in which the defendant had executed the award, the
road might perhaps be fairly pronounced of no use to
the public. He had built a house close to the edge of
the road, and in case of rain, the road at that place was
kept constantly wet by the droppings from the eaves.—
He
had also erected a wall of twelve or fourteen feet 'I
high on the one side, and a fence of seventeen feet high
on the other.
Lord TENTERDEN—What was the width of the road ?
Sir J. SCARLETT—OnIy four feet; so that a fat land-
lady would have some difficulty in pushing along be-
tween these walls. And then their Lordships would
perceive, from a model handed in, that the defend
ant had erected five stiles.—ELord Tenterden—l
only see threel—Well, three stiles ; for no other
conceivable purpose than that of making the road
more inconvenient to the public. When having
rendered it as inconvenient to the public as pos.,
sible. he proceeded to canvass the Justices of the county '
in order to get it stopped up, for which he said he would
spare nu expense. He had also said that the road was
used for improper purposes. It it was, he himself was
the cause, for the wall and fence, while they made the
road very inconvenient to the public, rendered it the
mote fit tut improper purposes.
Mr. Jii.tice BAILEY—These high wall% err cted close
to the side of a narrow foot path, are certainly A great
nuisance to the public.
Sir J. SCARLETT—This was a mere illusory execution
of the award, and was not di case in which the Court
ought to stay proceedings.
The SOLICITOR-GENERAL, in support of the rule—
Nothing was iegiiired on the part of the defendant, ex-
cept that he should not be brought up for judgment
until he should t.ave an OpeOltunity of trying the Merits
of the case, and having the opini.,n of the Justices whe•
ther there was any occasion for the toad at all.
Lord TENTERDEN—Tt.e Court at present did not look
at the merits as to whether the road was necessary or
not. They looked only to the award. It was agreed after
he was convicted, that for his conseuieuce another line
of road should be marked out by an arbitrator. The
arbitrator marks out one accordingly ;,and then the.de
fendant proceeds to an illusory, and whitt may beCalled
a fraudulent execution of the award, This is a case,
therefore, in which the Court iv not called upon to inters
fore.—Rule discharged.
REX E. COMMISSIONERS OF THE FRENCH COMPENSA.
TION FUND.
It will be recollected, that in this case, S;lr James
Scarlett had obtained a rule to show cause why a Mae.
damus should not issue, to compel these Commissioners
to distribute the funds among the persons entitled. The
rule was granted so far as related to compelling them
to hear the parties on their claims.
Mr. BROUGHAM applied to the Court to have tbe
rule enlarged till next Term ; to which Sir Joss=
SCARLETT acceded.—Rule enlarged.
ILEX V. ACLAND.
Sir J. SCARLETT moved to have the rule made abso-
lute in this case.—No cause shown.—Rule absolute.
• REX U. BROOKES AND OTHERS.
. A Rule had been granted to show cause why an
attachment should not issue against the defendants for
disobedience to a Mandamus. On the motion of Mr.
BROUGHAM, the Rule was enlarged till next Term.
COURT OF COMMON PLEAS, May 19.
Sittings in Banco. •
DIARY v. BROAUBELT. •
This was an action to recover compensation in damages
for the injury which the plaintiff suffered in consequence
of the defendant's neglecting' to fulfil his promise to
marry the former. The circumstances were the follow.
ing : The plaintiff had formerly been acting as Lady's
maid in the family of a Gentleman in the county of
Essex, and at the time the defendant, who keeps the
Two Bells, Whitechapel, paid his addresses to her. Was
acting as a bar-maid in the house of her uncle. ;Ito is
the keeper of the Bull, at Brook-street, Essex. His atten-
tions lasted two months, and after repeated promises of
marriage, he discontinued them without assigning any
reason. phis was the cause of action. The Jury found a
verdict for the plaintiff, damages 6001. A motion was
made in the following Term, and a Rule obtained,
call ng upon the plaintiff to show cause o by the verdict
should not be set aside, on the ground of the damages
being excessive. In support of this application was
produced a number of affidavits, among which was
one from a man named Cope, a relation of the woman
a horn the defendant had since married. In this he
Stated that a prison named Amos had informed him
that he had had criminal connection with the plaintiff'
fluting two years that she was in the hopse of her uncle.
It had, however, appeared at the time of the trial, that
the defendant said' he wouldJather have the plaintiff,
who had ro fortune, than the woman he had married,,
'who had 1,0001.
Mr. Sergeant WILDE now showed cause. He pro-
duced affidavits, which fully contradicted the state-
ments of Cope, and also alleged that Amos, to whom
illusion was made in the affidavit of the latter, had been
using great efforts to induce different persons to make
affidavits to the detriment of the plaintiffs character.
Under the circumstances disclosed at the time of the
trial, and by the piesent affidavits, he hoped their Lord-
ships would think the vet dict ought n..tto be disturbed.
• Mr. Serge.aut ANDREWS was heard in support of the
rule.
'The Lord Chief Justice Best —I think, under the,
circumstances of this case, it is impossible to disturb
this vet diet. The defendant, who was not satisfied with
deceiving this unfortunate plaintiff in the manner which
be does not pretend to deny, attempts, through the
medium of this man Amos, to blast her character for
life, and turn her loose on the world, with no other means
of support than those which he basely insinuates she
employed before. But does Amos date to make any
affidavit? No; because he was confident that the
statement with respect to this young woman's character
was as false as it was wicked and malicious. I wish
be had made an affidavit, and then he might be sent
from that country of which he is unworthy. I am only
sorry that these facts were not known at the time of the
trial, and then I have no doubt that more ample justice
would have been done to the plaintiff. The rule must
be discharged.
The other Judges esoconed.—.Rule discharged.

A R1171107..-A Rev. sportsman was once boasting
of his infallible skill in finding a bare. " If; said a
Quaker, who was present," I were a hare, I would take
my seat in a place wherel should be sure of not being
disturbed by thee from the first of the lst month to the
last of she 12th montb."—P"Whyt where would you 8o?"
41 Into thy study."