The Statesman.
London, England, 1819-08-06 00:00:00

LAW IN7iRI.LIGENCIL
COURt OF CHANHMI% Ate ik
;ems ■IeHO? or Eye r coma nine.
T•t Ars aa aa •G Counsel for the Right
Rey. Fleet*: soled for en Injenction to restrain
the Noble D-fondant from ar►ctind a certain wall on
the premises adjoining to Ely-house, irs Damerlstreet,
MirldJew*. Ott r►sidence of ts a Bishop of Ely. ;n
right of his sew. The Leertied Coeur! stated, that
Lord &woe, to whom the sr:joining premises been"-
ed, Iris •hoot to erect some new buildings, which
weed materially Here the house of that
[H.q. a model of Ely-Noose. and cf the bendier,
•boot to esiattesl by Led King, less exhibited t..
the Crowe ; and it was thole., that the tier• fur,. Ito
winos• of ateerof 'dem, in the 'Bishop's residence
Witold be obstiseted be the t•ropeted bindings.]
In the stbdallft of Mr. Pt ; Who had e
(Off_)e,.
Ely•hosse lot the Plaintiff, it was steed that at pre-
sent the eon shoos at I I o'clock on these mese,
Which had a western aspect; and that if the pro.
posed buildings were completed, they would be al-
mast entirel♦ deptited of the sun, particularly in
autumn and *hater. Mr. Pet.. the serv►ynt for
Lord King, had slid lo his a6d•eit, that there sea
bearers the buildings en intern% of lit feet, which
wet sufficient for the arlibir,ion of light and err,
though perhaps the ray* of tie Iwo Might be 'Artistry
eicluded ; and that if this building was a noisance
to Ely-horse, the latter moil b► a nuisance to Lord
Ducte's hops• on the other side or It. The I. d
Counsel regretted the Mr. Pr.• had not thought
prope♦ to she* In what man7;er E'y•heeve was a
rowistrice to Lard Decie, an•l said tt :t oven if that
could be shown to be the case, it stron'.4 be nu j esti-
kyles of the present trespass. He shoed Irate it to
his 1...enr0l Friend who *tutu follow him, to show
the the inconvenience wising from the ....,trustion of
the light of the son weed be much greater than Mt.
Pete apprehended.
Mr. GAIIIIMT, on the same aid., showed, in a eery
ingenious and setisfsetory manlier, that this wall pro-
jrcting to the west ward, in front of pet of Ely-horse,
most, both from its petition and its height, entirely
intercept the raj, of the sin in winter, when he
neither meted so fee resod to the west, SO, wet so
high above the herts••n. es its suninser-circeuestasele
which seemed to hate beris oterlooked by Mt. Petoi
when he made his eltdasit.
Mr. Hower, for the Defendant, said, he sboel4
divide the case into two pets, taking the law of it
to himself ; and, after the esemple of the Attorney:
G I, leasing the astronomy to his Learned Friend
who • Is to follow him —( .1 lank.) Ils thew pre:
ceeded to argue, that this could not be considered •
treatise, eine* there was left between the build.
jogs a space of nineteen 444 and a half, Which well
oven greater titan the law required. le support of
this argument. be cited the use of the Fists.
mongers' Cump.ny p. the Eel India Company, in
Dultenson's Report., in which Lord lisrdwitiel
said, there was no trespass. since even en items! of
17 fret had been left bet wren the walls, which was
all that the law required ; and that the citcwmretnrs
of the new eterti.n deprerialing the wee. •f is
Plaintiff's haute did not ronstiitste a 'teepee. Is
the present instance the space was stilt greater than
in Lard liard•ickc's case • and therefore he could
not set airy ground fur dm Injunction. It was ties
the old law prohibited any building that would piaci
the inhabitants of en adjoining hem fn horrula fen•.
A' itatei bet it we not pretended that the oho reaction
occasioned by this beading would prefers he, ride.
tenebr•itas in Ely•hoese. Utiles his Learned Friends
could show that the darkness apprehended here use
likely to break lu upon the health and comfort of
the ialhabitauts, they must give up the law of the
case.

Mr. MICIRIVILLL followed on the mme lA*, end
The Arrousor f»trtu4L replied.
The Loin Cu unct‘crea did not think that the goes-
lion in this rage depended on a space of 17 feet, or
of 19 feet, being left between the buildings; bat on
the degree of inconvenience which would be clotted
to the Plaintiff; and of that he cno:d judge only
from the alEjasits. Ile should, then bre, look at
them this evening, with the utmost care sod Wen.
tion, and bite big opinion tn•eorrow morning.