The Express.
London, England, 1851-05-14 00:00:00

VACANCIES.

RECTORY.—Wood•Eaton, county and diocese of Oxford;
value, 1091., and residence; patron, J. Weyland, ;
Rev. J. Ballard deceased.

VlCAUAGE.—Crnpredy, with Wardington curacy, Clay-
doc curacy, and Mollington curacy, county and dioccve of
Oxford; value, 5921.; patron, Bishop of Oxford; Ker. J.
Ballard deceased._

Plymouth, Christ's Church perpetual curacy. Devon. dio-
cese of Exeter; patron, the vicar of St. Andrew•, Ply-
mouth ; Rev. It. !Malone, promoted.
Mastership of Burton-upon-Trent Grammar School;
salary, 2301. ; testimonials before Map 31.

LaW intelligence.

EQUITY COURTS.-YESTERDAY.

Ix the MA-1771-i op E-011711-6074-11Itt,A Lux tile.

The Lord Chancellor said he had appointed two medical
gentlemen, in pursuance of the opinion expressed by him on
a former to examine into the state of mind of Mr.
llyce Sombre, and he communicated the names to the parties.
Mr. Bethel!, on behalf of the wife, the committee of tho
person, asked that these gentlemen might he directed to
confer with two of the medical gentlemen who had before
examined the lunatic.

The Lord Chancellor was of opinion that it would he
much better to leave the caaminatiuu to those he had uautcd.
All the parties approved of them, and they would tome to
the examination without any previous bias or impres.ion.
But if they desired to have the opinion of other physicians,
they might lie allowed to consult with those ahu made tho
former examination.

[Hie examination le to take place in Loudon as soon as
Mr. Dice Sombre comes over from Paris.]
IN MI SPAILILOW, A LUN COMPLAINTS OP CoM•

MITTBN AND THVIITEES.

There were two petitions presented in this matter by
the sisters and other relations of the lunatic. He was
tenant for life of a mansion called tiostield House, silts-
ated in the county of Eves, and of an estate adjoining
producing about 3,0001. a year, which consisted partly of
tithes. The petitions complained that Mr. Basil Sparrow,
brother, and committer of the lunatic, and also next
tenant for life of the estate, held the property witlymt
paying any rent fur the mansion-house, and applied a
great part of the said income to intprovements beneficial
to himself, and that although the allowance to the
lunatic was only 6001. a year, no surplus rculaincel
fur his next of kin on his death. Tho petiti.orts
therefore prayed that Mr. Sparrow be put under an
occupation rent for the remainder of the life of the
lunatic, and that he be restrained from laving out so
much of the income on the improvements. Tliey also
plained of the trustees and managers of the estates, who
charged 5/. per cent. for their collection and managem•at.
The petitions prayed that accounts might he taken of thoso
receipts and payments.
Mr. Bounden Palmer and Mr. Southgate supported ono
of the petitions; Mr. Mathis and Mr. Vance the other. Mr.
Holt and Mr. Bigg opposed them.
At the close ut Mr. Iligg's argument, the Lord Chan-
cellor expressed his opinion that the accounts prayed for
ought to be taken, and his lordship accordingly mink an
I
order of reference to the Mauer for that purpose, reserving
the costs until the matter should come before him again uu
the Muter's report.
This was the third day occupied with the arguments.
BLALENEY r. Dursun.

This was an appeal from an order of the present .Nfrister
of the Bolls, appointing a receiver over the basilic:lt of
these parties, solicitors, in partnership in

ThcSolicito r-Gener.d and Mr. 8113111 e were for the de-
fendant, who seas the appellant; Mr. ltoupell and Mr. El-
derten were for the plaintiff.
The case was not concluded, but the Lord Chancellor
said he would further hear it in hi, room to-morrow.

RE NORTU LONDON JUNCTION RAILWAY L'.IYI'AYY.-

WINDING la. Acts.

Mr. Bacon and Mr.'l'.ll.'rerrell, on behalf of the interim
manager of the above company, moved, by way of appeal
from the decision of the :glister, allowing the claim of the
respondent, Mr. Bagshaw, one of the directors, in respect of
rent paid by him fur offices of which he had taken a leaso
for the use of the company. In support of the appeal it
was contended that dirccuirs of companies only provisionally
registered, as the present was, had no uuthurity to tako
leases. _ _ _

Mr. Wigram and Mr. Grove, for the respondent. con-
tended that the co-directors who hail concurred in the
offices being taken must at all events contribute, and that
the order did not affect the question us to which class of the
contributories would have to pay the debt.
The Vice-Chancellor, without hearing any n ply,
snid—
Not only did be think that a contract of this description 'ear
in its nature improper (not using that word offensively)
towards the company at large, the directors being aware of
the uncertain and provisional position in which they stood ;
bat it appeared to have been absolutely prohibited by Our
agreement or the act of parliament, or both. It was impos-
sible to sustain this as a charge against the company. Mr.
Wigram had very properly suggested, and it might probably
be true, that this burden ought to be borne by the directors
as between themselves. The court could not, however, enter
into that question upon the present application. All that
woe before the court was, the question whether the Cells-.
pany were liable or not. Ills Honour did not uuderstmid
that the Master hail been called on to exercise any judg-
ment upon the question. His Honour said that he must be
understood as only dividing that the company at large were
not liable. Ile considered the question as between the
directors as quite open, and perfectly unaffected by the de-
cision. The Master's decision his Honour understood was
only taken pro formi.
Re ROYAL BANK OF AI ITRALIA.—WALKER'S CAII/1.--.

WINDINO•UP ACT.

Mr. Bacon, for the petitioner and some of the contribu-
tories to the above company, moved by way of appeal to
discharge an order of the Master giving the solicitor of
certain parties, claiming to be creditors of the company
leave to inspect and take copies of documents in the cus-
tody of the official manager. In support of the
ap-
peal it was contended that the creditors had no right to
obtain discovery under the Winding-up Acts, but nuut filo
their bill.

Mr. Daniel aprared for the official manager, Mr.
Wigram for the creditors.
The Vice Chancellor thought the creditors entitled to tho
order, and refused the motion with costs.

IWO= LORD CILIOODORTII, VICDCILVCONI.LOR.

Baur eTiii;lTEß.llrTtri•rlosi To Uialtcii; A I, tHY
PROM KEEPING A SCHOOL IN KEMP-TOWN, BRIGHT.I7.I.
An application was made by Mr. Temple and Mr. Tuylor
for an injunction to restrain the defendant from keeping a
ladies' school at No. 23, Sussex-square, Kemp-towit,
Brighton, under the following circumstances : It appeo'cd
that the plaintiff, Mrs. Kemp, who was the widow of the
gentleman whose name one part of Brighton bears, was
owner of two houses, No. 23 and No. 24, Sussex-square,
Kemp-town, and that she sold ono of the house.. .to the de-
fendant Anu Sober, subject to a covenant that the .. iid
Ann Sober, her heirs, or &reigns would not at any time
time thereafter put er suffer to be put any shop window in
any part of the said house, or carry on any trade, busiiv•as,
or calling whatsoever in or upon any part of the said pre-
mises, or otherwise use or suffer the same to be used to the
annoyance, nuisance, or injury of any of the houses at
Kemp-town, and further that the several covenants they. in
contained should run with the land, and the plaintiff, her
heirs, and assigns should for ever have the benefit thereof.
The defendant Ann Sober had since agreed to let this house
to •lady named Miss Wilmsburst, fur the purpose of keeping
a school for young ladies. It was contended in support of
the motion that keeping a school was an act in violation of
the covenant.
Mr. Malin and Mr. Pigott, for the defendant, rib-
mined that a lady's school could not be considered as a
nuisance ; and the fact of Mr. Kemp having himself per-
mitted a school to be kept in this house, proved that the
covenant never was intended to extend to a school. In the
present instance Miss Wihnshurst had assured the plain-
tiff that not more than twenty girls would be taken, and
that every means would be used to prevent noise or other
inconvenience to the neighbours.
Lord Cranworth said ho was clearly of opinion that this
was a ease in which the court ought to interfere, as it wan
evidently a breach of the covenant. The question wsa,
whether keeping a school was a trade business or calling,
and his lordship could not see any doubt about it. There
mianwordhltdhLirodebabbeelEynldaidifrtyhonstatin
had been a decision in which a_ boys' school was
bot;o:
it
ntb ehae nuisance,saenahnzy la n.
pointedsixtyheld
Fto the noise, but though it might be supposed that
• would not make so much noise as boys, still the neigh-
arsrd
on both sides might well complain of the musical
instruments and perhaps the constant viiits of parents and
others where so many girls were kept. It had been said
that no real damage had been done. That might be ao,
and certainly nothing could have been more proper sad
polite than the letter written by Miss Wilmshurst, but lie
considered that under this covenant the plaintiff had a right
to insist upon no school being kept, and not to be ohligig
to ' submit to the smallest amount of annoyance.
opinion, therefore, was that the injunction must be granted,
but it should be so qualified as not to interfere with Miss
Wilmahurst for a year to come.