The Express.
London, England, 1859-04-01 00:00:00

1 f,

ASSIZE INTELLIGENCE

HOME CIRCUIT—Hmorrow. Muses 31.
(Before Baron Martin and a Special Jog).

AND 01141111 1. CLZOIN AND DIZZY.

This was so settee to mover pereadas of certain copy-
hold property in Lambeth, by rumen of the defendants
thanes fatal to perform the convenasts is their lease to
irthe property in queetien.
lir. Brown *Reared far the plaintiffs; Kr. G. P. Carden
and Mr. Herneon conducted the case for the &bedaub.

The defendants in this action were Sic R. W. Carden, the
late Lord Mayor, and his brother, Mr. George Frederick
Carden, who is a bumbler, and who eppeanwl, probeionally,
to deleted the action. It appeared that the prortirninszei.
Von consisted of several houses and shops
walk, held of the Elinor of Kennington, and forming
a portion of the Duchy of Cornwall, the property
of his Royal Highness the Prince of Wales. An
original lease had been granted to June, 1814, which
contained the natal covenants as to repair', and it appeared
that for several Tears four of the hones had been in a most
dilapidated condition, sad that the police authorities had in-
terfered and pulled down a portion of one of the houses, on
the ground that it wit dangerous to the public. The steward
of the duchy et length gave notice to the plaintiff., who held
under the original lessees, that unless the property was put
into repair possession would be taken of it under the rights
of the dachy ; and the punt action was brought against
Sir H. Caries and his brother, who wen the present lenses,
to recover petunias of the property by tenon of the default
that bid been made to keep it In a proper state of repair.
A number of deeds and formal documents were put in to
prove the title of the plaintiffs, and evidence we. then given
that the house were in a moat mimeos condition, the roofs
being gags, the floorings removed, every window broken,
and with regard to we or two of them it sppeared that the
top floor had actually been taken away.
Mr. Carden made a long address to the jury, in the woes
of which he complained that the soden should have been
brought using his brother, Sir Hobert, who, be said,
was not at all interested in the property, which in
reality belonged to himself, except es the executor to his
father's will ; and ha endeavoured to show that the Tolson
condition of the hones is question arose partly from die.
puke that bad arisen between himself end muck the former
tenant', and partly from the proceedings that had been taken
by the Board of Health sad the Commissions' of Sewers
and the police ; end Its said that if timely and rape notice
had been given the proteins would have been put into repair.
Baron Martin mid it eppeared to him that there had ben
no SWIM to the &Utile cue, end if the jury believed the
witnesses, they were bound to give them a verdict.
The jury at can returned a verdict for the plaintiff,.
A second action wee then tried. in which the plaintiffs
sought to recover hum Slr Robert Carden the amount that
would be required to pat the premises in question into proper
and tenantable rep r.
The evidence in thiamin was potty much the ems is Is
the former one; and in addition several surveyors were es.
embed, who elated that, in their opinion, 0.0 of the Mew
most to entirely rebuilt, and that they would require over
1,0001. to be expended to put them tale • tenantable con-
dition.

Berne Martin said he thought that the parties might come
to some arrangement; but certainly the plaintiffs were not
entitled to so Name as 1,0001. It would be too much to com-
pel the defendable, after losing the whole of the property, to
pat it into estate of thorough repair, and for the plaintiffs
then to take possession°, It. It apetued to him that if these
was a verdict for 2601. it would be quite sufficient.
After some alienation Mr. Carolsa errata addneeed :the
jury, and be urged that the plaintiffs had g.it quite auffielsat
by obtaining poem/don of the property, for which they
would now be entitled to receive a considerable retail instead
of a ground rent of 871. per annum. which was all they were
paid before, and he said that it would be monstrous to compel
them to pot the premises into repair at the cost that bad been
stated by the plaintiffie surveyors.
The jury, attar a brief summing up by the learned judge,
returned a verdict for the plaintiffe—rismages 4001.

NORFOLK CIRCUIT.—Nosmar, M,►aca 31.
Crra ems.—(Bikes Chid Julia Calcine's.)
SWAN AND MEM V. MASSON AND OTHERS.

This was an action in which the *Wide claimed 271. for
Wades suetatted by their schooner, the Boa, in a collision
wGL the brig Frederick, of Gook, be conseqnsom of the
negligent navigation of the latter vessel.
Mr. Power and Mr. Palmer represented the plaintiffs; and
Mr. O'Malley, Q.C., and Mr. Keane, appeared on the other
Ma.
. . . . . . .

Afar a harkened Marin, the jury awarded the plain-
tiffs the full amount claimed.