« AnteriorContinuar »
the Jury. He observed, that the of the manufactory was of a most question was one of the most vi- offensive nature. There was also tal importance, not alone to the a process of coke, which likewise individuals who were experimen- produced an insufferable stench tally engaged therein, and to the by means of tubes, which carried public generally, but more parti- off the effluvia, and was conducted cularly to that class of society, to the river Thames. This was whose fate it was to reside in the not alone offensive to the inhabiprecincts of the manufactory tants and passengers, but even to which was now so justly prefer the bargemen upon the river, in red to the consideration of the that quarter. Complaints of the court as a common nuisance and evil were made on all sides, and public offence. The utility of while, in some instances, the most the gas lights none would have shameful inattention was mani. the hardihood to deny-its beauty. fested; in others, the injured apand brilliancy were equally appa- plicants were received in a cavarent. The lucrative advantages lier sort of way: and although derived from its establishment promises had been made of remewere, no doubt, very considera- dying the nuisance so bitterly felt, ble ; yet, under all these circum- still nothing bad been effectually stances, it was highly necessary done to remove it, and it remainthat the comfort, the health, and ed in all its pernicious force. the lives of their fellow-creatures An indictment, however, being were not to be endangered. The preferred in May last, by the ingas manufactory of the defend- habitants of the district, the deants was first established in Fet- fendants, it was understood, had, ter-lane. There it was conducted, at a considerable expense, adopted us now, by a joint-stock company; experiments by way of improvebut the inhabitants of that dis- ment. These, however, had not trict finding it necessary to have the desired effect, and the nuisthe establishment indicted as a ance still existed in a minor denuisance, the proprietors removed gree, but still with such contatheir manufactory to Dorset- gious effects, that the comfort, street, where it was commenced the health, and the lives of the upon a more extensive scale. inhabitants, were exposed contiHere the process became equally nually to danger. Under these offensive, and in proportion as circumstances, he was convinced the system enlarged, so the effects the court would feel it their duty became more obnoxious and dan- to pronounce a verdict of condemgerous. It appeared, that in the nation upon the party, and if the present manufactory there were latter could not succeed in so far four retorts of considerable size. improving their manufactory, as Beneath these there were fires to obviate the evil in question, constantly burning, the vapour they must then abandon their from which was conducted by se- scheme altogether, however luveral iron tubes into a globular crative to themselves, or however vessel, called a Gasometer. The beneficial to an admiring public, smell which issued from this part with whom the lives, the safety,
and convenience of a respectable was an object as dear to thempart of the community was not to selves as their existence, inasbe compared
much as the establishment proAfter several witnesses, had mised to be one of the most lubeen examined, Mr. Gurney was crative nature. To obviate any proceeding to call others, when serious ground of opposition to Mr. Pooley, on the part of the de- their pursuit, must be, therefore, fendant, rose, and observed, that an object of vital interest. after bearing such a body of evi- Mr. Gurney, on the part of dence from the most respectable the inhabitants who had preferred individuals, and which he was not the indictment, consented that the at all prepared to controvert, it judgment of the defendant might would be at once disrespectful, be respited until January next, and a waste of time to the court, when, if the nuisance was not reto enter into a defence, and sub- moved, he would certainly pray mitted that a verdict must be re- the sentence of the court upon corded against his clients. He them. He had no hope, howwould, however, beg leave to ob- ever, that they would be enabled serve that the defendant, Mr. to effect the promised improveSparrow, had little or nothing to ment; for the apertures from do with the concern in question which issued the foul air, the exuntil the middle of March last, tensive fires, and the consequent and that the evil complained of bodies of smoke, were connectwas rather before than after thated with the very nature of the period. This gentleman had since establishment itself. then manifested the most anxious The Recorder shortly addressed desire to remove every ground of the Jury, and observed, that it complaint, and had gone to a only remained for them to promost enormous expense, in adapt- nounce their verdict, the justice ing plans for that purpose. Some of wbich they would be satisfied of these had succeeded, but for with when he read to them the those other improvements that opinion of Lord Mansfield upon were meditated, he contended the question of a nuisance. This · there had not been time. In sub- was delivered in the case of two mitting also on the present occa- men who had commenced a chesion to a verdict of conviction, mical process in Whitechapel, the he promised, that the evil com- effects of which had caused noxiplained of should be most effectu- ous vapours and smells. On that ally removed within a given time, occasion his Lordship held, that and trusted that the court would it was not actually necessary that forego judgment upon the party the nuisance be unwholesome, or until, at least, the Sessions in Ja- tending to indisposition; it was nuary next. Mr. Knight as well quite sufficient to prove, that it as Mr. Sparrow, should plead to rendered the life of any indivi. the conviction, and both gentle- dual or family ancomfortable men would adopt every means The defendants were then which art and money could effect found Guilty, their recognizances in obviating the nuisance. This ordered to be respited, and them
selves ordered to appear at the ture of the injury for which the Sessions in January next.
action was brought. The cause
extended to a very great length, Lancaster Assizes. . owing to the number of witnesses Before Mr. Baron Richards and examined on both sides. On the a Special Jury.--Holt v. Meddour- part of the plaintiffs it was proved croft.--This was an action for di- that their mills were frequently verting the water of a river called unable to work at their usual the New Roach. The plaintiff and speed, while the water was runhis partners were the proprietors ning flush down the defendant's of several fulling and carding sluice. On the other hand, it mills, and it was stated that they was contended by the defendant's had been for upwards of 40 years counsel, that his client had done in the exclusive employment of no more than he was by law enthat portion of the waters of the titled to do. He admitted that river which flowed to their mills, the person who became the first and for the purpose of appropri- occupant of the waters of a river, ating the waters, had erected a by erecting a wear, had a right wear of the proper standard to the enjoyment of what he had height. The defendant, a 'pro- so appropriated without interrupfessional gentleman of eminence, tion; but he was entitled to no became, by the death of a relation, more, and if it was observed that possessed of a corn mill, which he had more than he wanted, and was situated near the plaintiff's a part of the water ran over his inill. The defendant's Inill was wear to waste, in that case his fed by a scanty stream, called neighbour had a right to take the Cathead Brook, but of so ineffi- overplus for his own use. This, cient power that the mill could he contended, was all that the not be worked above one day in a defendant had done. He had so week. The consequence of this constructed his sluice above the was, the defendant could with dif- level of the plaintiff's wear, that ficulty procure a tenant for his the water would not enter it, till mill, and if he found one, he was after it had flowed a certain depth obliged to let it at very low rates. over the plaintiff's wear. It apHe therefore endeavoured to add peared, however, by the testimony to the power of the mill, and this of the plaintiff's witnesses, that he effected by cutting a sluice the greater the body of water was from the river to his own mill. that flowed to waste over a wear, By doing so, he greatly improved the heavier was the pressure upon his mill, and rendered it of consi- the wheel, and of course the more derable annual value; but it was facility was given to all the insoon found that in proportion as ternal operations of the machithe sluice added to the power of nery. Of this opinion were the the defendant's, it deteriorated jury, and they accordingly rethose of the plaintiff's, and made turned their verdict in favour of it impossible for the wheels, for the plaintiff. The question was want of water, to work the same . considered of very considerable quantity of machinery they had importance to persons interested done before. Such was the na
in this species of property; and of witnesses were examined, who the defendant's counsel intimated clearly deposed to the Pilgrims his intention of bringing the sub- road being the boundary line, ject before the Court of King's and to the lands south of that line Bench.
being tithe free. Earl Stanhope
stated his opinion to that effect in Lord Le Despencer v. Eveleigh, the most positive manner. He Clerk.--This was an issue direct- spoke of it as a circumstanee ed by the Court of Exchequer to wnich tradition verified-he said try whether certain woodlands his father had assured him the belonging to the plaintiff were Pilgrims'-road was the boundtitheable; and secondly, whether ary, and that no tithe was paid the loeus in quo was within the within it. The case consequently, district, called the Weald of Kent. on the part of the plaintiff, appearThe cause, from the amount of ed to have been completely made property which depended upon out. On the part of the defenits result, excited a very consi- dant it was contended by Mr. derable degree of interest. The Serjeant Best, that the Pilgrims main question was, as to the road and chalk hills did not form boundary that divided the Wealds the boundary, but that the boundof Kent. Upon this depended ary of the Kent wealds was the whether the plaintiff's property Red-hills. He said he should prove was or was not tithe free; for by that tithe was paid within the line an ancient and immemorial cus- described by the plaintiff as the tom the Wealds of Kent are ex- boundary, and if he did so, there empt from tythe. It was there- would be an end of the plaintiffs fore the object of the plaintiff to case. He accordingly produced shew that his estate was within as many witnesses as the plainthe boundary line, and with tiff, all of whom as positively and this view, he contended, that the distinctly stated that the Red-hills road known as the Pilgrims'-road, were the boundary. It was also was the true and exact boundary proved, that nearly all the parishes line. This road passed along the within the district, which the range of white chalk hills that plaintiff said was part of the run from West Peckham by weald, paid tithe 'to the clergyMaidstone, and on to the eastern men. Endowments, terriers, and parts of the county. As a proof a variety of ancient documents, that this was the boundary, the shewed the whole district to be Solicitor General said he should titheable. It followed, that the prove that all the lands south of foundation of the plaintiff's case this line were tithe free, and he was taken away, and the jury, should also prove that they were after a trial of ten hours, without snbject to an ancient custom, cal- suffering the learned Judge to led Land Peerage, in virtue of sum up the evidence, returned a which the trees on the waste were verdict for the defendant, by not the property of the Lord of which the right of the clergy to the Manor, but of the tenants tithes, within a wide distriet, is nearest to theni, A vast number completely established.
Before the Lord Chancellor - such material facts as had come Cholmondeley (Earl of) v. Clinton to his knowledge, while he was (Lord). Whether an attorney or solicitor for the defendant, Lord solicitor employed for one of the Clinton. It appeared that, while parties in a cause, and discharg- the partnership subsisted, Mr. ing himself from being so em- Seymour alone had been the conployed, can legally become the so- fidential solicitor of Lord Clinton ; licitor or attorney of the other and that Mr. Montriou had, acparty in the same cause? This cording to his own affidavit, been question, so important not only concerned merely in the open ma' to solicitors and attornies, but to nagement of the cause, or public every branch of the profession of part of it, and that he knew nothe law, and to the public, now thing of a secret nature to comremains for decision in the Court municate to Lord Cholmondeley ; of Chancery. It was brought and Sir A. Pigott stated, that Mr. forward upon motion in the above M. was perfectly ready to deny, cause, under the following state in the most positive terms, on of facts, being all that appeared oath, that he was the person who to the Lord Chancellor necessary had given Lord Cholmondeley the to be attended to for the decision anonymous information which had of the general question. Messrs. oled him to institute this suit in Seymour and Montriou, or some behalf of himself and Mrs. Dasuch name, partners, were em- mer; and it was admitted on all ployed as the solicitors for the de- hands, that for any thing that then fendant, Lord Clinton. In Sep- appeared, Mr. M. might have hotember last, they agreed to dis- nestly thought he was justified solve the partnership; and one of in accepting the appointment, the conditions in the contract of though it was insisted that he was dissolution was, that Mr. Sey- in possession of confidential inmour alone was to remain Lord formation. Clinton's solicitor, to which sti- In the course of the argument pulation Lord Clinton assented. in support of the motion, it was Lord Cholmondeley afterwards asked, speaking to the general appointed Mr. Montriou his soli- question, whether it was proper citor in this cause, and that ap- to place the suitors of the court in pointment, after consulting seve- such a situation that their solici. ral legal friends, Mr. M. thought tors might, in the middle of a himself justified in accepting. cause, discharge themselves, and The motion on the part of Lord take the opposite side in the same Clinton, or Mr. Seymour, or both, cause, in opposition to the genewas that the court should restrain ral principles that solicitors were Lord Cholmondeley from appoint- bound to keep the secrets of their ing Mr. Montriou, and Mr. Mon- clients? The court, dealing with triou from accepting the appoint- its own officers, had clearly jurisment, oracting for Ld. Cholmondes diction to order in terms of the ley in this cause; and also that Mr. motion; and even if the right M. might be restrained from com- were out of the question, a sense municating to Lord Cholmondeley of propriety ought to prevent VOL. LVII.