Thomas v Marsh and Nest
| Jurisdiction | England & Wales |
| Judgment Date | 02 April 1833 |
| Date | 02 April 1833 |
| Court | High Court |
English Reports Citation: 172 E.R. 1115
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
[596] April 2nd, 1833. thomas v. marsh and nest. (By a private Act of Parliament, the shire-tall of G. was vested m the justices of the peace for the county, in trust, to allow courts of ]ustice to sit there, &c., and to permit and suffer it to be used for such other public purposes as a major part of tie justices in Sessions should direct. The hall had always been used for the holding of the county musical festivals; but there was no evidence that the justices had, under that Act, so directed it to be used :-Held, that the stewards of one erf these musical festivals had such a possession of the hall, that they might jmstyy the tuinmg out an intruder. If, in answer to a plea of justification, stating that the plaintiff was intruding himself there, the plaintiff rely on his having a ticket, as giving him a right to be there, he must reply that specially. A replication de mjuria in trespass, with a new assignment, that the defendant committed the trespasses with more violence, and in a greater degree than was necessary for the purposes in the plea mentioned, is demurrable.) Action for assaulting the plaintiff in a certain building at Gloucester, called the County Hall. Pleas-First, the general issue. Secondly, that, at the time when &c., the Right Hon. Lord Redesdale, R. S H., Esq., C. W. C., Esq., the Rev. J. H. S., the Rev. M. F. T. S., and the Rev. R. W. G., were lawfully possessed of the said building called the County Hall; and that, being so possessed, the said plaintiff, just before the said time when &c., to wit, on &c., was unlawfully m the said building and making a great noise and disturbance, and stayed and continued making such noiae and, disturbance, against the will, and without the leave of the said Right Hon. Lord R ic.; anoS thereupon the defendants, as servants of the said Loid R. &c., " then and there requested the said plaintiff to cease making the said noise and disturbance, and to cfepart from and out of the said building, which the said plaintiff refused to do " ; whereupon the defendants gently laid their hands on him, and removed him. Third plea, that Lord Redesdale, &c., were the stewards of a certain musical festival, and as such were possessed of the County Hall for the celebrating the said festival, " and that ho persons were admitted into the said budding, except upon presenting a proper ticket...
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