A RARE case brought before Southampton magistrates in 1890 was temporarily halted after a defence solicitor had questioned the legal status of a by-law.

Following a hasty consultation with the court clerk, it was decided to summon the town clerk to confirm whether the act was still in force or had been repealed.

An almost breathless R S Pegler dashed into court and with documentation, confirmed the act was still valid.

The hitch in proceedings came when William Taylor, who lived in fashionable Brunswick Square, had been summoned by the town surveyor for erecting a building which was not composed of brick, stone or an incombustible hard substance.

Instead the surveyor, WGB Bennett, said the building – 32ft long, 12 ft wide and 22ft high – had been constructed at the rear of his home with wood quarterings with sheet zinc attached.

Though the town clerk confirmed the by-law, the magistrates decided to adjourn their decision on that matter until they had adjudicated on a second summons alleging that Bennett had put up a building around an open space – again in breach of by-laws – so he could have a workshop, despite having been told his application had been rejected.

The defence, however, countered that the case was ill-founded, claiming the workshop had been standing there for a year and that the Corporation was limited to taking action within the first six months.

Mr Killby submitted: “The charges are practically illegal.

“Then again, no building has been erected.

“There is no roof, there are simply four sides, open to the light of heaven, which constitutes an open space. Moreover, there were buildings on the site previously.”

However, the magistrates found against him on the second charge, ordering a fine of £2. The other summons was then withdrawn.