The Sun.
London, England, 1831-08-08 00:00:00

DAWSaN v. HEARNE.

His LORDSHIP affirmed the decree of the Master of the
Rolls, with costs.

VICE-CHANCELLOR'S COURT.
EX-PARTE INJUNCTION.
WATERHOUSE AND THOROUGHGOOD r. SMITH.
. . _ .

Mr. JACOB, at the sitting of the Court to-day, applied for
an injunction ex-parte, to restrain the defendant from letting the
coach-office attached to the Angel Inn, Islington' to any other
person than the plaintiffs, or from excluding them from carrying
on their business there.
The VICE-CHANCELLOR—Why, Mr. Jacob, your injunc
tion will have the effect of restraining half mankind from tra-
velling.
Mr. JACOB stated, that the application was made on be-
half of the assignees of Messrs. Waterhouse, the grew
coach proprietors. The defendant was the owner of the
Angel inn at Islington, and in August, 1825, he granted a
lease of the coach-office in question to Joseph Waterhouse for
twenty-one years, at a rent of Is. a year. In that lease there
were certain covenants as to keeping the premises in repair, and
the payment of certain expences incident to the office, the non-
attention to which was to render the lease void. In May, 11+29,
J. Waterhouse, the lessee, made a mortgage of the lease for 1,4001.
In May, 1331, Joseph Waterhouse and his partner became bank-
rupts, anti Mr. Thoroughgood and another became the as.
signees. After the issuing of the Commission the business was
carried on on behalf of the estate of the bankrupt, and a clerk at.
tended at the office for that purpose. On the evening of the
13th of July the defendant, Smith, went into the office, and
stated to the clerk that he was entitled to possession in conse-
quence of the Messrs. Waterhouse having forfeited the lease.
The VICF—CHANCELLOR—On what ground did the de-
fendant consider the lease forfeited

Mr. JACOB stated the nonpayment of certain expenses for
gas lights. The defendant then demanded the keys of the office,
observing that he would allow the clerk to carry on the business
provided he would deliver up the keys every evening. After
this had taken place, his (Mr. J.'s) client offered to pay the ex-
pellees, 118/., the non-payment of which the defendant con-
sidered invalidated the lease, but the acceptance of which the
defendant declined.

The VICE-CHANCELLOR stated he would grant the in-
junction provided the plaintiff's would pay the 1184 into Court.
Mr. JACOB observed that his clients were willing to do that,
being melt persuaded that Smith had had a better offer for the
premises, which he wished to take advantage of —lnjunction
granted.

SHIPPING INTELLIGENCE-(THIS DAY)

FROM LLOYD'S.

DEAL, AUG. 7.—Wind S.S.E.—Arrived from the river and
sailed the Ganges, for Bengal.
PORTSMOUTH, AUG. 6 AND 7.—Arrived his Majesty's ship
Onyx, from South America, with 1250,000 dollars on board, on
merchants' account. Sailed his Majesty's ships Tweed and Victor,
to join the squadron under Sir E. Codrington ; Sir Edward Paget,
Bourchier, for Bombay. Passed by the Cambridge, Barber, from
Bengal and Madras.
COWES, Aun. 6 AND 7.—Arrived the Hero, Kent, and Comet,
Barnes, from Rio Janeiro ; Nomas, Baker, from St. Jago de
Cuba; Ann, Parry. and Lewis, Pakin, from New Orleans.
OFF THE WIGHT, AtaxsT 7.—The Cambridge, Barber,
from Bengal; Margaret Hall, Davison, from Demerara; Colo_
nist, .Smith, from Barbadoes •' James Grant, Sayers, front St.
Vincent; Maria, from Sierra Leone; and Turg, Bailhache, from
Archangel.

FALMOUTH, At'GI'ST s.—Wind N. V. to W. and S.S.W.—
Arrived the Stanmer packet from Lisbon, sailed :nth July,
sailed the Lyra Packet, for Brazil ; his Majesty's ship
for Lisbon, with mails ; 6th, sailed the Zephyr Packet for
Halifax and Bermuda; and Messenger Packet, for the Medite-
ranean.

DARTMOUTH, Arc. 5 and 6.—Arrived off Port, the Cla-
rendon, Whitsong, from Neres.
LIVERPOOL, Arc. 6.—Arrived off Port, the Lady Douglas,
from Bombay; Chandos and Amelia, from Jamaica; Wilson,
from Demerara; Atlantic, from Antigua; Robert Quagh, from
Bahia ; Kingston, from Africa ' • Hermitage, from New Orleans;
and Marione, from Charente. Arrived at Deal, the Williams,
from Savannah ; Jefferson, from Baltimore ; and the Montreal
packet, Briggs, from Barletta.
BRISTOL, Arc. 6.—Arrived the Eden, Hamond ; and Wil-
liam Miles, Reynolds, from Jamaica; Pilot, Moor, from Tri-
nidad; New John, from Quebec; Apollo, Charles Hart; and
Elizabeth, from Newfoundland.