The Sun.
London, England, 1808-08-11 00:00:00

CHURCH V. BROV.ng.

- This case came before. the I_,(:an CHANCELLOR a
few days ago, on exceptions to the Master's Report.
Tile Defendant had entered into an agreement to-let
to the Plaintiff a shop employed in the grocery bu-'
siness, on a'lease for ..ft yeirs, to contain the usual
and necessary covenants. .I.'or specific -performance
of this agreement, the Plaintiff filed his bill, and the
Defendant insisting that a clause, by wild, the
lessee should. be. prohibited Iron; assigning the lease
in question, was a ustv,l and necessary covenant, the
gut-6(ton was sent to the Master to inquire and report.
The report. of.the Master went toifind that the lessor
had no right to insert such a stipulation as one usual
and proper. -
_ .

The LORD CHANCELLOR stated, that after fully
weighing the question, and after consulting, as he
had promised he should do, With his Honour, the
Master of the Rolls, his opinion continued the spine
. tt had formerly been, namely, that a covenant pro-
hibiting the lessee from assigning his lease, was not
a covenant usual and necessary ; that it was iminap
serial for this objed, whether the words « usual and
necessary" were contained in the agreement or nor;
and that, unless specially stipulated for, the lessor
had no right to insist on such a covenant being in-
serted in a lease. His Lordship alluded to lite case
of Anderson and Hiiyes, decided by Lord Thurlow,
and by referring to the. Register's Book, shewed that
this was not a diary), of Lord Thurlow's, but a so-
lemn decision ; and he considered it to be exactly a
case in pOint. Loid Kenyon, no doubt, at nisi pries,
had laid down a contrary doctrine, as had also, on
a subsequent occasion, relying on this opinion' of
Lord Kenyon, the Court of Exchequer. His Lord-
ship, how.ver, with all deference, differed from these
opinions hi point of law : they had, unquestionably,
not paid the 'highest respeei to the judgment of Lord
I'hurlow,, is hich, in his Lordship's opinion, was
correct; the Master of the'.ll,lls was of this opinion
also ;. and but for the ;decision of Lord Kenyon,
the Court of Exchequer
.would have found accord-
ingly. His Lordship, however, when he saw three
questions on this. subjed before the Master of the
Rolls, and one before himself at the same time,
could by no means consider this.as a point that was
decided. Differing widely, therefdre, as he did
from these decisions, he found himself bound -in
duty to confirm the Master's Report, thereby giving
effeet to Lord Thurlow's judgment, that a coyenant
prohibiting the assignment of a lease was not one
which. the lessor was entitled to have inserted.

EX PARTE LORD NEWBOROUGH.

This was an application on behalf of the young
Lord New borough, to be.let into possession of his
tattler's estates in Carnarvonshire and Angltsea.
The ground of. application was, t hat notwithstand-
ing. the estates in question had -been settled in trust
so long since as 1798, the Trustees had rettsed to
.a6t, and ;litre was no one legally authorised to Col-
lect the rents and profits. This was completely tra-
versed by Sir ARTHUR PIGOTT in the replication of the
.Trustees. It appeared by the trust deed of 1795,
that Lord Newborough bad vested certain estates for
the use of, his. will, and that Lord Arden and the
Hon. Spencer Perceval were nominated Trustees.
It was true Lord Arden bad refus,•d to ael., but no-
t bi..r Noble Lord' had been appointed, as was pro-
vided for by the. deed. These two had nominated
the Agent employed by the late Lord Newborough
to colled the' rents • and profits, and the Trustees
were fully
.in possession. It also appeared that in
addition to the Noble Personages above named, Lady
Newborough, Sir 'Francis Burdett, Bart. and Coutts
Trotter, E,(l. were appointed Guardians of his
Lordship's infant family and that, the estates were
settled; with limitations, over to the family of the
Honourable Spencer Perceval, beginning with, his
second son.

The CHANCELLOR said the .Trustees had given a
direct answer to the application, and were aaually
in possession of their trust. If the fals were
mis-stated, the Learned Gentleman who appeared for
Lord Newborough would have an opportunity of
corning again, but for the present the case was tnily
answered.

Next week a Meeting of the EleCtors of West.
minster, will be held at Palace-yard, for the purpose
of addressing his MAJESTY on the glorious events
which have lately taken place in Spain.
This day the Duchess ..of. BRUNSWICK completes
tier 71st year.
Thursday afternoon, betwixt the Broornielaw and
Anderson, as two little girls, sisters, one aged eleven,
the other nine, were going along a plank, which
reached from the bank of the river to a lighter, one
of them stumbled, and the other attempting to save
her sister, they, both fell into the river, and from its
swollen state, there was no possibility of saving them.
Their bOdies have. not yet been found.
MANSION FIQUSE.--A man named fillcueen wag
brought up before the LORD MAYOR, charged with
having stolen 'from a public-house, the Three
Crowns, on powgate-hill, where be had slept on
Tuesday night, several articles of wearing apparel,
the property of 'a young man named Steel, who
lodged in the same apartment. The Prisoner was
suspeded by the landlord of the house, on his pro-
ceeding to depart in the morning, from an apparent
increase in his bulk. An Officer was sent for to
search him, when the stoleii articles were found
wrapped round his body. The Prisoner, a hoary ve.
teran above Go,..stated himself to be a labourer be-
longing to the' King's Yard at chatharn, and said
that be came to town to receive • priz-mOney. He
could not deny the taa o:irged against him,, but
said, he was very sorry " that, the accident happened."
He was remanded till to-Morrow, on account of the
non-attendance of the publican.

CORN-EXCHANGE, AUG,`II„---There.are but short
supplies of Wheat to-day, and List prices -in this
trade are fully supported; •Barley likewise; Rye is
at less; Malt and White Pease at little variation ;
Beaus. of the two kind are rather lower; there are
again large supplies of Oats, and this article is quoted
cheaper ; itt Flour little variation.

.4V iI.!AL 58's a 6f3S a Bzs od 1 Tick Beans -57 s a 63s ed
Fig»l ditto : - 84, A 37, o,: I lbts .- 38s a 406 a 43S od
.R } e P . - 4(1 -. 4 5.. S Olt l' t;l.lnd ditto 44% a 45s od
Harley - . 4zs a 47s od . 1),,,.at0e - . --s a 47....0d
Malt .. ' .- 66, a 76s NI 1 10:.,re Sred - 37: a 4:1 (.4
%Vivre Pezze .ii ,s a 1:,,, 0 fine Flour 6os 4 65s —s'(.4
Grey ditto ‘ - j;s a 6,s o Seconds ' - -55 s a 6cs od
Beans (Old} . 6os a 660 od

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