The Sun. — 1841-10-25 (London, England)

HIGHWAY CALLED CLAY-LANE, IN NUTFIILD.  This was an appeal of a somewhat novel and important character. It occupied the Court for seven hours on Eriday, and was not concluded until nearly 11 at night. The question came before the Court in this shape : The Magistrates had signed as order to stop up the lane in question, and at the same time declared that it was unnnecessary for the public. The appellant, on the other hand, appealed, on the ground that he was acre;rieved by the road being closed, and also on the ground that the road was necessary for the convenience of the public, and a Jury was empanelled to try those issues. Mr. Wallinger and Mr. Locke conducted the case for the appellant, and Mr. Montagu Chambers conducted the respondent's case. When the Jury had been sworn, a long discussion arose as to which party ought to begin ; and it being altogether a novel case, some considerable difficulty appeared to felt upon the subject. The Court ultimately decided that as the appellant had set up certain facts in support of the appeal, it was incumbent upon him to make out his case in the first instance. A number of witnesses were then called from whose evidence it appeared that Mr. Perkins, who is a gentleman of fortune residing at Nutfield, was in the possession of property abutting upon this Clay-lane, and across which the South-Eastern Railway is carried, and as there awtacsit another road near the spot it was arranged that no arch should be made by that Company, but that their part orderb rdkemtchelean;inould be carried across it, and the Magistrates after going through the necessary forms, signed an appellant, the it roadwae question was a convenience of his propertywas unnecessary. t h atte lOannetliine another,ence. tobu but himt appearedto go fro that onet carrot and it was also admPitotne were other equally convenient modes of access to it, that the lace in question was only a summer road, and that in winter it was completely impassable, and could months in the year, and that in parts to pass, and it n4'Fiyts itb ewaeusevderyfonrearrfoeww, inly affording room for one v appeared that taking it, altogether, real utility or convenience to the itubliaL )ti(cli. it was yproved e that a better road had beenla made at a short distance. A number of Pe placeva nrd thatf.re n they iving neighbourhood were examined, andin the they expressed their opinion that the road was necessary, were in the habit of using it to go to one, t tilde eally another in the neighbourhood. There was e evidence, however, to show that the plaintiff individually little was aggrieved by the road being stopped up. Mr. Chambers, at the close of the evidence, proceeded to reply upon the whole case, and he contended that tke appellant had failed in making out his grounds of appeal. The CHAIRMAN summed up, and the Jury, after about ten minutes' deliberation, returned the following verdict :—" We find that the appellant, Mr. Perkins, NI not aggrieved by the road being closed, but we are of opinion that the road is necessary for the convenience of the public." The effect of this verdict will he that the Magistrates' order will be quashed, and the road be again thrown open to the public.  On Saturday, at the Town Hall of St. Albans, Jabez Kirk, aged 19, a private in the 34th Regiment of Foot, was brought up for re-examination, charged with having attempted to murder Jane Pearce, an unfortunate girl, aged 18. Dr. Webster, in answer to a question from the Magistrates, having stated that it would be some time before the girl would recover, and that she rettivievlciillercio:Tstheoef hweoruledx abme washo not in a fit state to be examined, said he thought, isnot tifaorh recoveredThepri sboyn}e'rr,i dwahyonaepx.t. Itncoucertied,wltstlim remanded till that day.