The Sun.
London, England, 1846-01-21 00:00:00

CHANCERY.—(THIS
The Lord Chancellor sat in his Court at. . e•
s;in---st
early
r
14
to-day, aLld heard appeals. His Lordship rose —"—
ati
hour to attend the Council at Buckingham Palace- nof
llis Lottpstu gm r postponed his judent on the Pio.l°
Christ's hospital v. Granger till Saturday

-
ROLLS' COURT.—(TI/IS PAYA-,.
His Lordship resumed the hearing of the-remang Pet4i.1-'
tions.
This was a petition impugning the decision of the Mastep,
with reference to the taxation of a bill of costs of 165/. 115.
and praying for an order to that effect. It appe,ared that
the petitioner, Mr. Alford, had employed Mr. 13olto,?:
respondent, a solicitor; as agent to conduct some lavrte,dPwt-o
ceedings, and an item of bill of costs of 251. was objecev,
by Mr. Alford, on the ground that it was an unnecessarYd.
pense, and that the case had not been properly conducts
Lord LANGDALE, in giving judgment in the case, 5044;
was content to make the order, though be considered
Mr. Bolton was placed in a situation of great hardship. P.:
had no doubt that the decree referred to was defective, oi
consequence of Mr. Bolton having relief on the promise-utl
•
a gentleman to do something which be had failed to execoe
He would now make an order for the payment of the 5°
found.by the Master, deducting the sum of 25/.
IN RE SAME. for
This was a petition on the part of Mr. Bolton, praying-
the costs of the petition as well as the costs of taxation.
Lord LANGDALE considered the petitioner entitled to r
order to the effect required, which he would accordingl
make. (f
The hearing of these petitions occupied the greater Pting
the day, and the remaining petitions were quite unintere^s.
VICE-CHANCERY.—(THIS DA-10
(more she VICE-CHANCELLOR of Ex,-.74,A1in.) „105
THE MAYOR OF „LOUTH r. Tim WARDENS OF LOCI%
SCHOOL.
The arguments in this case were resumed, and occupied tile'
Court the whole day.
(Before Vice-Chancellor WIGRASt.)
PARSONS V. SPOONER. r
It will be remembered that the plaintiff, the proJec°oxforti
and solicitor to, the Southampton, Manchester, anclu. der',"
Railway, instituted the suit to establish a lien On
eard 00
sits of the shareholders, and that the cause was h°
demurrer by the defendant. til•
His Hoxoun, this morning, overruled the demurrer 10
usual terms.

BAIL COURT.—('PHIS DA-Y. )
(Sittings in Banco, before Mr. Justice Wax.1430:41
THE QUEEN v. THE TOWN COUNCIL OF THE CITY. A'
ROUGH OF LICHFIELD. svhf
Sergeant TALFOURD moved for a rule to show calls% fof
an attachment should not issue against Charles Siml36;eor
disobedience of an order of this Court. This was a Wag°,
Hon, by way of mandamus. on the part of Mr. Si,,r"% to
against the Town Council of Lichfield, commanding
make compensation for the loss the applicant had sus.dA
by being deprived of his office of town-clerk. It aPPTioet,
however, that he had been dismissed for Misettion•
and was not, therefor!, entitled to any conWeo74oos
The rule for a mandamus was made it/
and the return to it alleged a disobedience ee offi
order. The claimant had traversed the return, and 4tbfo
the
came on for trial at the last Stafford assizes. BeL°"etier
period appointed for the trial the order on which this,ooo
tion arose had been made. Although the claimant bade is
dismissed from his office, he had thought proper to r to
his possession all the memoranda and books belonging,h: de'
Town Couneil. As it was considered necessary for 'lO
fence of the mandamus that an inspection of these r
with the view of making extracts, should be alloW defoi
application was made to Mr. Justice Wightman, who Or Tbil
that full opportunity for inspection should be allowed. triel
order bad been so worded, that when the case cams foresees
Lord Denman had postponed trial in con
ends'
until the following assizes. Since that time various en_eelf
yours had been made to persuade Mr. Simpson to cowiers*
with the order, but without success. An apple for
therefore, made last term to Mr. Justice Patteson facades
tachment against Mr. Simpson, but,• although lkire' deet
Wightman's order had been made a rule of Court, it "lindst
been served, and Mr. Justice Patteson thought threti,e re
the circumstances, an attachment could not issue. "1401,
had since been served, and as the order was still dig'
present application was made.—Rule granted.
EXCHEQUER.—(THIS DAY')
(Sittings in Banco.)
THE MARQUIS OF BUTE v. SIR JOHN tatrEsr...s.4 for
This was a special case sent by the Court of Cllol7qe Of;
the opinion of the Learned Barons of the Court of Eo' lr
It would appear that the Marquis of Bute some time 941
on lease a piece of land, in Staffordshire, to Sir JOllll, Os,
the defendant, for the term of 61 years, and a cevensol'en tP,
lease provided that the lessee was to erect premiseS4;ieer
piece of land suitable and proper for carrying on the " or 800 i
of a glass manufactory, and gave him power to alter
large such premises so often as the exigencies or neees!Alis
the trade might require. Ttie lessee took possessiouy:,
to
property, and in due course built the glass manufackt`OSS
strict accordance with the terms of the lease. The" of tb:
had a frontage to a canal, which was also the proPertlfor °-
noble lessor, and the canal was made available oil!,
conveyance of the glass to the market. The ePec,_„°,loor
however, turned out to be a failure, and the lessee abafe 000°'
the manufacture of glass, and the premises were noieedil
cupied, and fast falling into decay. The noble lessor, meet
that the traffic on his canal fell off after the abandons/70r
the premises, applied to Sir John Guest to resume the,'
facture of glass, alleging that, by the terms of the 1°70:
had no right to give it up till the term of his tentb-ofgrtbei
expired; but the lessee controverted this construction,
instrument, and the result was, the parties mutuallY
to refer the matter to an eminent conveyancer, vih° ski
quently gave his decision in favour of the noble less°,o,tb
awarded that, by the terms and provisions of the
*nl%4
lessee was bound to carry on the trade of a glass g
turer, whether he lost or gained by it. The lessee, Pturt'
of his original opinion, carried the case into the the'
Chancery, and equity referred it to the Barons 0, "
chequer for their opinion. evi sIY
WOOD, of the Chancery bar, • accordingly 11e erg'
that
treads ttohseulieipasoertwtalise cgarsaentoefdthfoerillhaergeuxis of Bute, alw ete
abling the lessee to build and carry on aprgeslasisepsuibrupaaornsduel fi°s 'rift!): b:
on the piece of land in question, there coin,
doubt that it was intended that the lessee should carli°,oo
trade of a glass manufacturer till the expiration of the 'OOl.
In the cases of Webb v. Plummer, Samson v. Eastburie
ton v. Houston and others, it was ruled by Chief Justice_ di
royd and other eminent judges, that when the ternissitjd
covenants of a lease lead to the impression that the ?lei
contemplated at the time of granting the lease the c.sietSir
on of a particular trade or business, and although thisto,
tion was not expressly stated in the hottede
the lessee was bound to carry on such tr'., ,
business. Now when this lease was made, bee,
evidently contemplated that the land would alwaYsi. #.7
and without any interruption, for /the purposes tie. Sr
manufactory, and therefore he contended that the iOe
been guilty of a breach of covenant in abandolg
works. The land was let at the reduced rate of but ee
annum, not because that was the real value of ite,h
cause the carrying on of a glass manufactory 011, the` JO?
would increase the traffic on the lessor's canal, an
° „wlstes
never could have been granted had it been cente''" ter
that the lessee was to be at liberty to abandon
the
before the sixt-oe ears exired.
r. CROMPTOyN n
rosey to addrepss the Court for the other
but he was stopped by eeeitic;
The LORD CHIEF BARON, who intimated that hee,-
see by what rule of construction the terms of the leeroters,e
be said to bind the defendant to carry on the maull'i'lf 9
glass during the whole period of sixty-one year"' of
manufacture was an unprofitable one. The intentiorl,4o4
parties was that the concern should be a profitablef,"t_
if it was not it was absurd to suppose that the defene'" 10"
ts
bound to carry it on for the term of sixty-one years gitb
The case must be remitted back to the arbitrator
instruction of the Court. nee`
Mr. Baron ALDERSON and Mr. Baron PLAIT c,e-
and the case will be sent to the arbitrator for his
sideration.
- i'),

COMMON PLEAS.—(THIS
Their Lordships took the special paper this 'flora
nothing was elicited of any interest to the public.
SECONDARIES.-(THIS DAY
(Before Mr. Secondary POTTER.)
01)!
MEADOWS V. GARDINER. ,6
This was an action to recover the balance of an the
for work and labour. The defendant had pleaded ta' pt
not indebted. essel,lo
The facts of the case were very simple. The Witnolr,,,f;
the plaintiff proved the work was done, and its. jec°
be 21/. ss. 3d. The plaintiff, however, admitted tb°
of a portion.
'The SECONDARY said he did not see how the kni.atitr?"4
give a verdict for less thaw the whole. The Phew,
been driven to produce evidence, and the jury Ire
opinion, bound by that evidence. • f°l't
The jury, after a slight hesitation, gave a verche
full amount.
AAlr.)
RLBRO'-STREET,—(T HIS Ad
William Gunn Mahon, described on the policefocrti
sheet as residing at No. 72, Quadrant, and who Was„Dtr
a captain in the Royal Marines, was charged with "
Ar
money under false pretences. #.l3°
Mr. Humphries appeared on behalf of the accuseuttrae?,
apprehended last night at his lodgings, in Regentt 0
Police-sergeant John Grey, 10 C. The specific chaiTstten''ll;
the prisoner was for obtaining from Mr. Angara? " 0"
Oxford-street, in July last, the sum of 41. 125..6c1;gelite
order purporting to be drawn by the prisoner 00
Chatham, for his half-pay as Captain of Marines, ip'
time not being on halfay.
,ot 6,040°
On the prisoner being placed at the bar, Serge-, itee
formed Mr. Maltby that the prosecutor did 043'
offer any evidence in support of the charge.
The accused was then instantly liberated.
The connexions of Captain Mahoa are said to be Di
f
respectable. O
f
101/e
ttia
BRUSSELS, JAN. 19.—The Belgian CllOlOO
Deputies voted on the 17th the following salt, Pytti°:
different Ministers at Foreign Courts :—For t"" AOOOOlO
Embassy at the Court of St. James's, 80,000; 60, of,;
40,0001.; Germanic Confederation, 40,00 f.; France'o6,, 0t
Italy, 40,000 f. ; Prussia, 50,000 f. ; United States,„ 01,5001
Turkey, 47,0001 ;- Brazils 21,000 f.; and 15,00 l;
Denmark, Spain, Greece, Brazils,
Towns, Portugal'
hipg
and Sweden. OlO
MEETING OF THE IRISH MEMBERS.-"- do), e.,,jies
of the Liberal Irish Members took place this itttalibir
Corn Exchange, to take into consideration theirte.,,
of conduct. The entire proceedings were privs
Pilot of Monday. 51011si'001
Lord John Russell, as leader of the OPP° thii °of,
entertain his former colleagues in office at dinnerbolof
ing, in Chesham-place. Lady Jelin Russell, aud t. to
branches of the Noble Lord's family, remain' at 14111
10.
Rob
1.15
lishire.
46,0er
/1
THE RIOTS AT THE LATE WINDSOR owo
On Tuesday, at the borough quarter sessions,
co, rlt
Ir
Townsend were discharged from their recopoinlosectit°
to
of indictment having been preferred, and 30 Pr
pearing against them. ror 0-30
Report says, Sir Robert Peel intends P
the House, to-morrow, a plan to prevent theofferi4
deposits on the new railway schemes from int reCe°
the general money markets.—Daily News. At $ de4
HYSTERICS INDUCED BY SYMPATHY. qoPotbest
inquest, a wife, giving evidence touching her has r
seemed about to faint, and the summoning ateeshe Yi,„°001(.4
hastened to her support The Coroner said been worvi.
better if left to herself'; and his advice having ovefFe/ 0,70
she gave her evidence without anything like ressiliro rot
emotion, until towards its conclusion a juror express .4 tt„t
pathy for her situation, she became hysteric
jet, 5i04143P.0
state was led out of the room. The Coroner
_loft Ace bO5lO
sympathy invariably, produced such an effect? 7 the 14100,6$
harshness or indifference towards persons oeLoahlo2i4 OP"
situation seemed to string their nerves, a
nation 1/1"w
perform painful duties, for which conniser-
them.