The Trustees of the British Museum v Finnis and Others
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 1833 |
| Date | 12 February 1833 |
| Court | High Court |
English Reports Citation: 172 E.R. 1053
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
S. C. 1 Nev. & M. M. C. 379. Referred to, Coates v. Herefordshire County Council, [1909] 2 Ch. 592.
[460] Feb. 12th, 1833. the thustees of the british museum v. finnis and others (a)a. (If a person opens his land, so that the public pass over it continually, they would divided among them. The defendant accordingly assigned his property ; but, at Michaelmas, several of the creditors who had signed the agreement agreed that the buaness should be carried on for a further time Held, that the plaintiff, who waa a creditor, and had signed the first agreement, but had not concurred in the second, could not maintain an action against the defendant for a debt existing at the time of the first agieement. See also the case of Ward v. Bird, ante, p. 229 ; the case of Turner v. Hook, D. &, R. N. P C. 27, there cited ; and the case of Margetson v. Aitken* ante^ vol. 111. p. 338. (a)1 No motion was made. ^a)a Tk& defendants, Mr. R. Finnis and Mr. R F. Finms, were aued as clerks of the committee for paving, cleansing, and lighting the parishes of St Giles in the Fields, and St. George, Bloomsbury, who are, by sect. 65 of the Local Paving Act of those parishes, 59 Gee. III. c Ixxm , to sue and be sued in the name of their clerk or clerks ; and, by sect. 68 of the same stat , persons acting under or by colour of that Act may plead the general issue, and give special matter in evidence. 1054 TRUSTEES OF BRITISH MUSEUM V. FTNNIS 5 CAB. ft P. 81. after the user of a very few years, be entitled to pass over it and use it as a way ; and if the person does not mea&to dedicate it as a way, but only to give a license, he should do some act to shew that he gives a licence only. The common course is to shut it up one day in the year. If there is an old way near to a person's land, and, by the lences decaying, the public come on the land, that is no dedication of the land as a way By the atat 57 Geo III c xxix. s 114, the com-miimoners of paving of the metropolis are to enter their proceedings in a book, and such entries are made evidence Whether an entry, stating that A. sent a letter to the commissioners, asking their permission to erect a rail at the side of a street, is evidence of such asking of permission.-Qucere.} [8. C. 1 Nev. & M. M. C. 379. Referred to, Coates v. Herefordshire County Council, [1909] 2 Gh. 592.] Trespass against two of the defendants, as clerks of the paving committee of St Giles in the Fields, and St. George, Bloomsbury. The trespass was the taking up of some small stones, which paved a portion of ground on the outside of the south wall of the British Museum, and between it and the regular foot-pavement on the north side of Great Russell-street, Bloomsbury On tie part of the plaintiffs, a conveyance, in the year 1675, from the Hon. W. Russell to the Duke of Montagu was put in, in which the present south wall of the British Musemm was described ; and by this the property conveyed was stated to extend to a breadth of five feet four inches on the outside of the wall, and abutting on Great Russell-street. A conveyance ia the year 1753, from the Duke of Montagu to the Trustees of the British Museum, was also put in, containing exactly the same description. A witness, named Soley, stated that he recollected the portion of ground in question to have been fenced in by a wooden railing, which, having decayed, was taken away and not replaced by any other...
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Walsh v Sligo County Council
...I.R. 550; [1988] I.L.R.M. 437. Thomas v. Jones [1921] 1 K.B. 22. Trustees of the British Museum v. Finnis (1833) 5 Car. & P. 460; 172 E.R. 1053. Tucker v. Oldbury Urban District Council [1912] 2 K.B. 317. Turner v. Walsh (1881) 6 App. Cas. 636; 50 L.J.P.C 55; 45 LT 50. Turner v. Wright (186......
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...only for a right of passage. 2 Str. 1004, Lade v. Shepperd. 1 Camp. 260, Rex v. Lloyd. [3 Bing. 447, Jarvis v. Dean. 11 Moo. 354, S. C. 5 C. & P. 460, Trustees of British Museum v. Finnis."] But if a bar or gate be kept across it, although the public be permitted in general to pass, no dedi......
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R (Godmanchester Town Council) v Environment Secretary; R (Drain) v Environment Secretary
...Mann v Brodie 10 App Cas 378, 386.) The emphasis was entirely on acts directed at the public: see Trustees of the British Museum v Finnis 5 C & P 460, 465 and R v Lloyd (1808) 1 Camp 260, 262. Leaving aside R v Broke, the claimants have not even been able to find a case in which an attempt ......
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R (Godmanchester Town Council) v Environment Secretary; R (Drain) v Environment Secretary
...the user but took no steps to disabuse the users of any belief that the way had been dedicated. (The same point is made in Trustees of the British Museum v Finnis (1833) 5 C&P 460 and Barraclough v Johnson (1838) 8 Ad & El 99, which were also cited to us) . Other factors to be taken into ac......
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Table of Cases
...1 EGLR 129, [2010] 48 EG 84 (CS), [2010] NPC 115, ChD 19, 27, 33 British Museum Trustees v Finnis (1833) 4 C&P 460, 1 Nev & MMC 379, 172 ER 1053, Assizes 28 Burrows v Secretary of State for Environment Food and Rural Affairs [2004] EWHC 132 (Admin), (2004) 101(5) LSG 30, [2004] NPC 8, QBD 2......