The Express.
London, England, 1847-03-30 00:00:00

Kato inttlltgruct.

HOUSE OF LORDS.
Present—The Lad Mama., Lard Scores's, sod Lord Campton
MS EDINBURGH AND GLASGOW RAILWAY C
V. TOO MAGISTRATES AND TOWN COUNCIL or LINLITH-

on the 12th February, gave notice for the dissolution of part-
unship to Manners. Negotiations then took place for the
purchase, by one of the parties, of the other's interest in the
concern ; and in March, 1846, Fern assured a statement et
the partnership affairs to be sent to the plaintiff, by which
he made out a balance of 41261. in Leone of the partners.
A corrapendence then took place between Mr. Yarnell, the
friend of Manners, and Mr. Vickers, the friend of Furze,
in which Fussell asked Vickers whether Furze would sell
his interest on the footing of the account he had sent to the
elaintiff, and Vickers add Furze was willing to do so. And,
after some litsle delay after the receipt of the letter of
Vickers, announcing this determination on the part of
Furze, Farnell wrote to say that he was authorised by Man-
ners to close with this offer, and on his delivering the letter
to that effect to Vickers it was stated, on the part of Men-
nen, that Vickers
.said he considered Furze's interest vir-
tually sold. But no sweated contract beyond this letter was
entered into between the parties. It appeared, however, that
Furze had stated to several parties that he had parted with
his interest is the brewery ; and Manners was now
in possession of the premises. The defendant, Furze, had
:sec' sons, whom he was, under the partnershipdeed, entitled
to have introduced into the business, but instead of doing
so he had estsblished one, named Henry, as • maltater at
Ipswich, and • ground of comp'aint in the bill was that he
had appropriated partnership monies for that purpose. The
other son, John Stokes Furze, was employed by the firm of
Manners and Furze as a brewer, at a salary of 2501., and
he was allowed to perticipste in the profits of a particular
branch of the brewery, called the casual order business, and
which he carried on under the st)le of John Furze and Co.
This he had made a very profitable business, and on the
rupture between his father and Manners, he left the King's
Alms Brewery, and in August, 1846, set up a separate busi-
nese celled tits St. George's Brewery, ti Church-lane,
Whitechapel, under tke style of John Furze and Co. And
it appeared that he had sent circulars to the customers of the
King's Anne Brewery, informing them of this new estab-
lishment. The bill alleged that this was in reality the con-
cern of the defendant, John Furze, though this was denied
hy the latter. Things being in this disturbed state,
Manners filed his bill preying • specific performance of
the contract which it was alleged that Furze had made
in April, 1846, to sell him his share of the basi-
nate, and praying in the alternative that the partnership
business might be wound up.—Mesrm. Turner, Roup ell,
and Busk now moved, on behalf of the plaintiff, for a re-
ceiver and manager of the partnership business, on the toot-
ing that Furze had toad his interest ; and for an injunction
to restrain the latter from drawing customers from the
King's Arms brewery to the St. George's brewery.—Measn.
Kinderdey and Chandler's opposed the motion. They were
willing, on the part of the defendant, to have • receiver
appointed to wind up the affairs of the partnership forth-
with; but not for the purpose of giving the plantar the
benefit of his altend contract, which the defendant denied.
The Master of the Rolls commented on the ruinous conse-
quences always attendant on litigation between partners In a
Court of Equity, and the appointment of a receiver to
manage the partnership business. It was not usual for the
court to appoint • receiver to carry on the business, but only
to wind up the affairs of a partnership; and in this case he
did not dunk that the evidence made out the contract which
was insist's' upon by the plaintiff, and was made the
ground of the application for a receiver. He should, there-
fore, refuse that part of the motion. As to the injunction,
he did not approve of all that had been done by the defend-
ant and his son in trying to draw away the mutineers of the
King's Arnie to the St. George's brewery; but the
defendant swore positively that he had no interest in the St.
George's brewery, and there was no evidence that he bad
any, and under these circumstanees he ,'id not think he
could grant the injunction. He would consider the cage and
mention it on Wednesday morning.

Before the Vice-Claanceilor of Zeeland.
MANN V. STZTENS.—COMMITTAL OP • DEFENDANT FOR
BREACH OP AN INJIINCTION.—This was a motion to
gamma the defendant Stevens,who was the owner of certain
gardens on Windmill hill, Gravesend. to the Queen's Prison,
for a breach of the injunction granted by this court on the
28th of July last, restraining the defendant from erecting in
the said gardens, any brewery, house, or other building,
except only one private house or ornamental cottage to be
erected or built in the Dell thereof, which should be an orna-
ment rather than otherwise to the surrounding property.
At the time this injunction was granted, the defendant had
commenced building a house on a particular perti in of the
land, but was obliged to discontinue such building by the
order of the court. It now appeared that the defendant had
recommenced building up the walls of this h use, and
affidavits on his part were produced to show that the situa-
tion in which the said building was commenced was the
lowest portion of the land, and wee, therefore, the place
designated in the injunction as the Dell, and also that it was
' generally known by that name. Affidavits were produced
on behalf of the plaintiff, to show that the place in which
the defendant was building his house was not that usually
understood to be the Dell, and, therefore, that the injunc-
tion bad been
Mr. Bethellinandiar Humphrey appeared for the motion,
and Mr. Stuart end Mr. Matthew for the defendant.
The Viee.Chaneellor said the question here was, whether
the defendant had actually committed a breach of the in-
hunction, which prohibited him from continuing to build a
ouse in a certain position. The defendant it appeared had
now recommenced the erection, and this his Honour con-
sidered was a decided hawk of the order of the court. As to
the meaning of the word Dell, the question woo which
plasm was usually knew' by that name ? The evidence
upon this subject, on behalf of the defendant, was of a
low class, while those persona who bad made affidavits in
import of the motion were of a higher class, and amongst
them was Mr. Payne, a coroner and a barrister, and he
Ibmght this gentleman was the most likely witness to de-
Mae with accuracy the position of the Dell. His testimony
wad to show that the site of the building now being erected
was not in that part of the grounds ailed the Dell Under
three circumstances he should wake the order for com-
mittal in the terms inked.
TAWNEY O. THE LYNN AND ELY RAILWAY COMPANY.—
VARIATION IN THE TRIMS OE AN INJUNCTION. —Mr. Stuart
and Mr. Matins applied, in this taw, that an injunction
granted on the 20th instant to restrain the defendants from
proceeding to take a portion of the plaintiff's land, under a
notice of motion, dated the 24th of December, might be va-
ried by the addition of the words " without prejudice to the
rights of the defendant,, if any, which they may have by
virtue of a previous notice given on the 16th of December.'
The object of the application being to enable the railway
company to proceed under certain power which they con-
ceived were given to them by the act of parliament, the
order was made upon condition that the defendants should
pay the costs of the application.

COMMISSION OF LUNACY ON A CLEROYMAN.
Yesterday &commission de lunatic* inquirendo woe opened
at the Coach and Horses Inn, adjoining Sion House, the
seat of the Duke of Northumberland, at Isleworth, before
Mr. Commissioner Winslow and fifteen special jurors, to
inquire into the state of mind of the Rev. Benjamin Lewes,
rector of Itilrhedin, Carmarthenshire, cow at Dr. Costello's,
Wyke House, near Brentford. The commission, which was
unopposed, was supported by Mr. James, of the Chancery
bar, who stated that the unfortunate object of the inquiry
was 62 years of age. He was a bachelor, and pcssessed of a
rectory worth about 6001. a year, and of freehold property
worth about 6001. a year more. About 14 yews since he
wee affected with a mental attack, from which he recovered,
when he told Capt. Davis, who had taken out the commission,
that should he be again affected he wished kin to take charge
of his property. In March, 1846, he fell from his hone, and
was dragged some distance in the stirrup, which so shook his
nerves, that on the 31st of March he was attacked while
performing the burial service at his own church so as to be
unable to go on with it, and from that time he had laboured
under delusions, showing that he was not able to take care
of himself or property. Captain David Davis, magistrate of
the county of Carmarthen, described the nature of the
reverend gentleman's property—his first and recast snack
of insanity. After he fell from his horse he dressed and came
down stalrs, seizing his gun, with which he attempted to
shoot himself. After that, delusions of poverty came on ;
he turned away his workmen under the impression that he
could not afford to pay them. He refused to have his hay
or corn cut, saying he could not afford to pay, and it was
newssary to get it done by the tenants. He further
imagined that he was dirty in his person, for which
there was no fbandation. The present proceedings were
readlwed orssessry by Mr. Evans, a brother-in-law, having
tahma breeds psinsemion of part of the freehold property.
The mum& geollosan imagined that every person he saw
wee a &Mrs @Meer, who, he feared, wished to take him
for debt; awl ales deg he expected to go to Nee ate or die
is a workhouse. William Williams, Esq., M.P. for Co-
ventry, gave similar testimony, which was coefirmed by the
evidence of Dr. Costello, the proprietor of Wyke Hotta., Dr.
Conolly, and Sir A. Morrison. The rev. gentleman was
then introduced to the court. He stated that he line w the
object of of the inquiry—he knew that he was not eapab.'e of
u care of lumeelf or his property. He was in debt &ad
diffl lies ;if he had 20,0001. he could not pay his debt. t.
He was very comfortable at Dr. Costello's—it was such a
beautiful place. The unfortunate gentleman in other
respects gore out the foregoing teMimony, and the jury,
without hesitation, returned a verdict, dating the unsound-
new of mind from 31st March, 1846.

now.—Tots ow TRANSIT or GOODS.—This appeal from
judgments of the Scotch courts, affirming claims of the
respondents to two descriptions of tolls—called burgh cus-
toms, and river customs—on goods carried by the appellants'
railway through the burgh of Linlithgow, and over the river
Avon, in that burgh, was opened by Mr. Bethell last
Thursday, and the points in dispute between the parties
were stated is the report in this paper on Friday. Mr. Hope
wee now heard on the same side, and he argued that there
was no established usage proved for charging tolls on the
transit of goods through the borough. That, if any usage
existed, it was illegal, as there was no consideration for it
either to the public or to the carriers, and that the decision
was inconsistent with other similar cases decided in the
Scotch courts, such as the Wigton cage.—Mr. Turner, with
whom were Mr. Holt, Mr. Moir (of the Scotch bar), and Mr.
Anderson, proceeded, in behalf of the respondents, to sup
port the decision of the court below till four o'clock, when
the further argument was adjourned.

EQUITY COURTS.
Before the Masser of the Bolls.
Mammas O. Fusan.—P/OLTNIRSHIP Dierrree.—The
plaintiff and the detentes; together with one Marshall,
purchased in 1837 • bosomy, called the King's Arms
Brewery, situate is 048 Ornelleatreet, Whitecbapel, from one
Tickell, for 611141., TM& Web& some very heavy mort-
gage debts the preporty, and they contributed the
porthaseamew and beanie intereeted in the concern in the
pp roportkas Mewing, that is tomy : Manners had 3-Bths,
Form MI Mks, and Marshall 2-gels. The bus' wu
contra an prosperously till May, 1842, when Marshallaei be-
came bankrupt, and the other two partners purchased his
lateral in the concern from his anignees for 8,2621. 10e,
the arrangement for this purpose being finally com-
pleted in January, 1844. The business was Inbar
quently carried on by Mennen and Furze under the
original partnership deed in an harmonious way
till Jul , 1845, when Some disputes arose about eh
the batten of the firm. Masterman's bad been the i=
from 1837 ; and Funs having hued some fault with them
wished Mann to let the acountbe transferred into Farm's
own name, at the Bank of England, when he kept bis pd.
Tate account. Manners ebjeaed to this, and we Eseheme
that if it was removed from Madame.' the account legal
be transhrred to Preecott's bank. But the defendant made
some difficulty about this, and ultimately he carried his
object in getting the 'Mount tricolours' to hie own name at
the Bank of Reessi until • wirlanddes7 gellewimod, was
made with Proslielro. ariompommft woe salmeasently
effected by the plaid/, and le folftweed tho dedmidost of it
on the 7th Jan., ISA Bat Ohs didmient retool to let the
account be tramehema to Prometit ten dio_ Asior had
p. KaMaretasee a rata 1,8801., k• had
borrowed to enable him to pay his Am of the
pincher* for Mantall's share In the %al-
, bat = it was stated, had not beams due.
41;t9iSS led to en open repairs between the parties, mad nose,

THE EXPRESS, TUESDAY EVENING, MARCH 30, 1847.