The Express.
London, England, 1852-05-07 00:00:00

KO) lintelltgence.

HOUSE OF LORDS.—YzerzeDAY.
Arrests ►am we Omer ow llosects U Peonsms.—Berost res
Lows CIIANCOLUM. ?se et/AL 0. lisasuterrost, Apo sae Frew ur

Alvan%
MINOT O. Bsowx.—Noteascs DR FUTI/11.0.-BCIINTITIC
ETIDINCI.—THI JUDICATORS ACT.
This is an appeal from the first division of the Court of
Arlon, in review of ten interlocutors of that court pro
nonneed in the course of proceedings following a note of
sespension and interdict presented by the appellants. Tho
appellants, Mr. Henry Arnot, of Abbey Mount, Edinburgh,
sad Mr. Chisholm., of Chisholme, me the proprietors of
Imams and land in the Abbey-hill, some distance to the
north of the Abbey of Holyrood House. The respondents
see John Brown, • coach hirer, and William Common,
candle maker, in Edinburgh. In 184,6, an adjoining pro-
minty, described as well adapted " for tivrissess, or
ter a meek work, brewery (it having boss seneh),
dairy, stables, or any extensive work, there so servi-
tude over the ground," we. advertised for rake, and Mr.
Brown soon after became the portheser. Is the novenas,
to him there was no satrissies ens the punesit's or nee
of the " subjects." Hs Isms& a pot at the property
Mr. Common, to be erected Ms a endiework. Car
mon had made eessithethie pastas in the completion of
buildings for that wpm% wiles the
milrellants, in in-
junction with other propeinen is the hbearboad, ap-
plied to the Lord Oirt es dm bibesil ebbing
as interim interdict gt e em=ente Ana it
into the building arAtarig Ar the pur-
pose of the manufacturing of ea=seer entininseing the
manufacturing of candles, or o a summon
within the premise.. The succeeding Lord (Cum
ningbame), who advised the note of snegession sod
answers in respect that the candle manufaMary proposed
to bo ce-cted was a novum opus, nil that the
parties were essentially at variance in their allega-
tions, both as to the nature and effect of the
former establishment on the ground in dispute,
and as to the effect of the proposed manufactory, passed
`-e facts * - ascertained, s

the note, in order that the to.— might he , and
that the lured question involved in them might be delibo
rated y tried. The respondents subsequently applied to his
lordship, that there should be an actual experiment, in
order to suortain whether there was any foundation as to
the nuisance; but this wee resisted by the appellants, on
the round that the essential character of works for the
boiling of tallow and making of candles was end always
had been a nuisance. The Lord Ordinary relaxed the in-
Illerdict, in order that an experiment might b made between
be 21st of December, 1846, end the 9th of January follow-
ing, on the ground that the respondents had offered to carry
es the work with certain precautions, and in a manner that
sued not be offensive. The appellants reclaimed, and the
judges of the Ant division recalled in hoc statu the interlo-
cutor, remitting to the Lord Ordinary to proceed in the
non of the record, and to allow the respondents,
=answer as to the application, to be permitted to try
SS eaperissent in the premises, to give In a specific statement
the opperatus and method of working proposed to be
red hp tins. The was done, and the Lord Ordinary
hmeig mode a vizaadiam with the case, the court by inter-
bank, et 17th November, 1847 (the first now eppeSed
dreeiN so far relaxed the interdict as to allow the =
male he carry on the menufecture by way of e
teem the 6th of November to the 2dth of December. The
experiment was made ; and in the course of the operation
further improvements were suggested in the constnienem of
the chimney flues and other works, and in the male of ow
Wag a the process. On a motion to have the erne n•
milted far the preparation of issues, the court allowed the
empeeitents to lodge the additional specifications, and seib-
asseallb allowed a second experiment to be made
nil es 111th of February, 1848, to the 7th of
Mink. These were the second and third interlo-
ease append from. The second experiment was made,
mei the enrodents (the appellants having taken no steps)
spgibmi to Ile court for the disposal of the cause. The
pries wait before the Irene Clerks, the appellants pro-
p/mks bee--" Whether the establishment of the said
prissed mmowilesture would be to the sissies of the sue-
peados as Orr runts in said s u bre*, whereby their said
properiee, arum of them, would Its &Worsted, or the
sompairoir Soh treats inocarriell sad annoyed in the
see eat oulie)must of their rid per ries ?" When this
kW wee Isioshlt air the arise if the court their
ellord-
al entell sot the firemegraillff of the inquiry
sib the peer pipes !if Jury-trial, su
Mon ether gib of for or the cue must be
ideelreleib, by haelleestor of March 10, lite,
Letatien Agog. to be Erie pair theshaSisa sad
aim. power of is the
Urvasity of to report to eat he
nitre mg moth of rid experiment, and retie**
whether, ia the Niers of tin reporter, the nil nor
therry, atieroa sailer the ssM =astir. hv
to the armee of ter the awoke
nature of the weep, weirirreseill or lerhoislet to
their said =rem& is whet ropes." This wet
the fourth nen. Professor Offerey
mould set sonsione 12101, mod the next two inter-
nal= rossogivelp egyelofir reelkoser Connell, of St.
Andrew,, sag Ptiewass Thims Thomason, of the Uni-
versity of Oda The harmed leered pressor scud
under the Yu^ sod ether seatrithe oaths of the import-
uned, reported to the art, " with rebel soalkiesse, the.
the prose' imollersidep se astheri Mr. ocean,
roast la the brat theartalle the ; thee h
not in to the liarth. mai astirive out my
offensive smalL" The filiewhil plether he Dr. 114.18W1
re port describes the are is wawa the peers was tarried
on :—The taw wee pot ina:or:r dog with a quantity
of water, which. Mm its es spells prity, lay at
the bottom al boiler, premed Ile Wow frost
berg horst shore the boiling gent of water. Over the
pin wee resod a leek which teembieled io a due or pipe,
whisk wee erred lowa to the norm of the tbeaaee,
slag hamiested riumplistsly below the bare of the Amer
All the eh _..sans he Iselin the foe was thee mods to
pre err the sad= of the bar, ail se to awry Wry
voyeur that Vest
yle
ei.e fro the toiler. All this rpm
rimed_.l____airorttly the former, ad wee, of rens,
mai To ammo draught ia the
ibee7Wrinsees deer eat the rills ware made to elect
=, be been of the talons being es iris...!
Irsaablyess=ae ea fellow was
peat trios the thew Nail be se hag
—A rho it sober is the teaser bear the rare
of
. . It. mei 'Wow be perceived eat
of door" Tie court diereopea math as seventh Sour-
lower append hem, healing the internet, to the Mao
of eliewing the emplane% to sorry co the reposed mar
thaw odes the spethielisa. The other *no briar
Pr were with soya* le the err the oppelhate beim
gnathr the sore, width were tared st VOL
these ereesi ratureatere the srpsien sow
rth eat Me. Animas, k sumer of the
estrilesd thee the istriessier of Ida IS, 1860,
the sums el srporea se& larnilet, sal liading=a-
=lab la =peer sad the the larriaintors follow-
threw we. knish& sail soli, u thesauri below hod
wig{ spa the merits, sat belly diaper
of the owe"lier say aljasesi oat rtheatiosted nerd,
Mto the2o). piewhisas of the Juilisstare Act (6 Oee. i. 1
hod
willithsvieg the sees froso by
Puy tee wn disepaled the pathless rwar
mere of the same
est
s steres, thoplay ere es ea Miss far ar-
mee beleg by thst ggeeplera hr di-
mat to ad JuryJurylt wee ant rapt thadet the
01. a Wow wrathy the appease's mem of sopa-
wen simplicdter rpolhd, wee wholly
lelllllo/111, sed rempetilie with the pier rherealese,
lemon' es thee jetport outburst the eispasisah
ray as *sir orile reds eseriB to the redo la width
II was berg rot lestoi st the lass iess the oppallowle the
*pet far brordlety
_arra the err wilt at met.
wpm the doling of their own tosidentsth, only welberibil
Ile vegisaisals Ile as the work asitwaing to the
lisolies peed to beawry
seariesied by Poi 100/ Theiige t-
nss's
warllsibell (with Mat Mr. Patista, of the Scotia bar)
err, resoling with the respondent's come, when the house

EQUITY COURTB.—YEaIItiDAT.
Booms Tim Kama as mot sous.
KIXXINOTON e. 11017011 TON.
The plaintiff in this cue is a Omar, aad, in 1839, he be-
ams terwat to the Muskat, nadir a San for 21 yeen,
a has, easarase of Wane& IS ad 9811 me% at Ven-
ire, at • yearly TIM it 6001. Ho entered pereedes iB
&ptomain- in that year, and be pre defendant • wariest
of attorney for 2,0001. for the tarn stock. The awe sus
bawd a enesant that kiosks% was to name* the bad
with Win* of soda awl has., kr which he wee to hare
ellowasers ?WM NI hae illasiltisa and ia June,
1861, &fondest pat Is a Ekberg safer the war-
rant of enemy, kr 7104 • year awl • balls
rest. Mistral darewen Eat • bin detains ex-
emplars for two ware rent, one *wader the terms
of the least, Webb vas dated Jemmy, lit% rat which
awls the Int In-Mr's rent due "in Deamber sow en
ware and ke esenal year's eaanades be *WM under
• pooh, apeman* ebb the diabeidest. The WU also
'brag weeparratea under the Saw hr tbe massy be had
to rW eamanted the farm MI YR Will &maimed r
eki kr lea trendies wan' rent, sad • re-
Mews sis soda to fbe Mew to tats an weesat of the
was kw to or kas 111=iiirTbe Muter node bin re-
port in Weer of bek es to the emattes
it not Eb
bsemeadon aunare, alt isiks
87K dee dust. Tbe ewe sow ease at an oe
cordon t. tbe Ma w% mai, it bans owdewkdos the
Fart of are ykistilt, lbat be we wad* wear
the tams at the Wes leek N ate Bump en
fres rest ha we year, eat to Immardise Ar
outlay is maws Os the ether bra beesesausdal, aka
kaput of the dadiskat, that the alibi glieglemat was
web Is 1111111,11111 dos rest was to la prow quarterly,
*ad ko bet gumtree me balm due Is
Doembra. ibe bow war set moeutedl
18111, sad kat date st it, Oa la at Jemmy, wee Lo-
sorted by toissake. Lid wit/ clod to the