The Express.
London, England, 1855-03-22 00:00:00

TRADE PROTECTION SOCIETIES.

At the Yorkshire spring solo% on Monday.
before Mr. Justice Creswell, and a "pasha buy, Hr. Welb,
a coal surehant at Hull, and a partner le ift Arm 'Mem&
Peck, Yardley, and Co., brought an NAM against Xt.
'ohms, sesomy of a society alba " The West Mies ,
Trade Pretesting Docility," for imagism his sine in am
the society's weekly circulars, in whist' they famish le the
about 3,0011 le number, an sets, of all prelims
dal ties, bills 11 eels, Lc., end the some ottbe paellas
ma Mbseiiatasa eel scuseiss, Ma the mbar is
Lomas& It apparel that. is Dismiss lest, Seen!
and a pesos semi Ramer bear Jet meths
for the eats of a mese who was the defendant is an subs,
such deboasse heft a forsieourse As adopted in
mess e/ pores who did net is this esontry. On re
7th of liessiaber lest, in the emirs of the seise,.
in the esesent of bills of eakeveste bested the name ef
Ilr. ChM= Wells and Hr. W. H. Rama, merchants, of
Hull, Se ens befog 3001. The plalatiff, who had done
Mime with the Yorkshire Seeking Clempasy at Hull for
tee or dem years, was sent be by lb. ieglish, the ins-
=fa MS of the May is the similar of the so-
The bask WMsed tbs plaintiff to be a highly re-
'met bie as, ium=ly anent, bat this shook their
confidence. The however nmeeded in a few
days, with greet psesemsese en his part, in giving such
beisitjas fresh Sig tM esnlssits of the circular as re-
spelled MEW sod Mr. Bess were a missy and with-
, out way homilelies, that the Desk was Misled. Several
letterelislag mesa between the plaintiff and the defend-
ant as to die mistake, without th desired result
the plaintiffeeeseedeg
istietled prosmdings for libel; and on Mon-
' day it was armesdi he take a verdict for the plaintiff,
dassecilOs., essompaaled with a dealuation that the so-
alielart tbe slightest imputation to make against the
ellelniter. Mr. Hill we proceeding to make a
emelis lo &Mese ef the gaiety when he was stopped
by the iissueljeles, who mil that it was amy danger-
' ous instrusmit, if net prepedy used, as it mi4let be the
means of enwMg an As tradessen.—wesakki

MTh AND HOLTHILID RAILWAY.—TraIIo for
Ow week ending March 180.866, 4,3 W. Os. M. Corre-
sponding week, 1864, 8,8801. 14a. 7d. Inereass.663l. ss. 105.
LANCAsillits AND RAILWAY.—TraIIe
for the week ending March 18:-18,9471. Os. 11d. Corres-
ponding week in last year, 17,6921. Os. id.

EQUITY
MOILS TIMOR

MIL VIILIVit FAO' 1/00D.

V. Milli.
This was • sides for ea Wand's, ea behalf ol the
OtiUdas,
_to Merin the dehadaat Mleteutioll tM
lan of lt, Lowndee-Mteet, Lewailesi•Coeft hi_ Ml=
wall betimes 12, Letrades less% nod 7,71
sad ham proustieg die weeks arising hem *II NM or
ilespleoes fa the batter's putty and storeroom from as-
medley sad employ out et each fists, sad from
terfering with the entroyameat by the plaintiffs of waft
flees. It apparel the bill that 7, HalklaUttese
West hod boss built 1112 by ea whitest nemod
Flags, who resolved a WO a the house M that
Pear hens 11:. Cabin, the lame of the 103W11146/ Sista.
revious to the baudhig of this house it was agreed betimes
Cobitt end Patna Mat the synth west wall of the house
adjoining the site of the conispoodieg house in Lowndes-
street should be built u a between these houses.
Two noes were coastructed in this wall, enteading from the
basement to the top of the house. In 1844 the house, 12,
Lowndustreet, was built by Cubitt, with the beseessat
and a perdu of ground floor, heating the butler's peaty
aad storneem. bounded by this wall, with tripled's
isetannaisig irate the flue einstreeted by Felton. No
motion had lens made above this parties of the ground
leery le that sat owes slew was left between the
Looses 'bus the ground floor. Cubitt had paid 261 to Fel-
ts. as the peke for the porn= of the wall taken by 12,
Lowsiles-street, according to the ordinary arrangement
smart bulldoze, the owner of the house last built being
sanded to carry up any further buildings to adjoin the wall
apes payment for the portion of the will further taken.
The plaintiffs had become entitled to the Lowndee-street
house by virtue of certain assignmeats from Cubitt. The
defendant health was the present occupier of 7, Malkin-
street, under an assignment from the executor of Lady Har-
rington of a lease for 21 years, granted to that lady by Fel-
ton, in 1848. One of the plaintiffs, Lady Wrotteeley,
who resided at 12, Lowed's-Arcot, had on the
19th of February had her attention called to
the feet that-the maths did sot amend the chimney
of the butlar'sdpmzeryzimsby d dimmed that the defendant,
who had bees the " down draught " of smoke
late his bask seam whin the Ike was not lighted
in that melee had slipped op the &heart pots at the top of
W i.e. hy pleat Mes upon them. After moms ineffec•
teal eseimpenisase the ',talon,. had filed their bill, and
sew moved he ea lejenstisa fa the terms above stated.
Mt. Felt= was dead, but lie writer, arm application by
tho pea s' solicitor, hid tested that the defendant
lied as antheeity or peritheila to Meek up any chimneys or
Ices eaaaseted with the premien. Evidence was pee into
ea both sides se to the nature of the wall, and for the pu-
pae of sheedeietbe understanding at the time of its erection.
No. Bolt sad Mr. Nalder appeared in support of the
seeks.
Mr. eireibiate, for the defendant, contended that, under
W Iffolialas Let, 14 Gee. 111., c. 78, which defined the
thiskere asesseary for a party-wall in a hpuse of this
doesdiefse. and was in force in 18$, the wan in question
was me midis the conditions of a pertyuall, but was an
enamel wall; which was borne out by he rural appear-
sees, sod the fact of there being • window In its centre.
Nee wee there anything to show that it had been originally
Maid se ejetly-wall. The neer by the plaintiffs, if not
le the hohel favour, was not eafielest Se infer the
dglit dime& by 11111 pletaiiis. The smut eught not, at all
eft►paellammlatery lajunedia w mauYsa, except in
se=estrest. The limes to use this easement was re-
sod had been revoked by the lease to Lady Her-
diClfise-Oheseeller (without calling;for a reply) said
thee Via the eviieses as it stood he felt bound to grant
the IMmeolim, whisk would only have the effect of coca-
=W Windeat to remove the tiles with which he had
up the chimney-pots. After ten year.' enjoyment
of Oh erameat or sight by the plaintiffs, it ought not to be
stews! la this simmary manner, nor ought they to be sub-
*melte the isseavenienes in the meantime until the right
had buss tried at law. The evidence on behalf of the plain-
UM was pennies that it had been built u a party-wall for
the express purpose of being used by such buildings as should
be erected in Lowndes-street, and this wu confirmed by
the fact of the 2.51. paid by Cubitt to Felten. As to its
being or not a party wall within the Building Act the
defendant's surveyor should have put the matter more
clearly upon hie affidavit. Although the wall might stand
equally on both sites, at lout one-third of the ice belonged
to the plaintiffs, and it was doubtful whether he woe josti-
fied in blocking up the whole chimney. The most that
could have bun allowed would be the placing each •
diaphragm as to divide off the two-thirds from the remain-
'zone-third. It was also an equitable question whether
had =bad purchased for valuable consideration, and
put to expense in building their house with
stoves and fire-plum, the right conceded to them of using
this lie could be recalled in respect of other puttee.
There was, at all events, suficient doubt jot his Honour to
say, that until the hearing, this enjoyment for ten
ought not to be put an end to by the summary p
of the defendant. The injunction, therefore, would be
granted in the terms asked, but the order need not be
drawn up if the defendant removed the obstruction before
the next mei.

ASSIZE INTELLIGENCE.