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

EXCHEQUER.-(THIS DAY•)

(Sittings in Banco.)
THE 'MARQUIS OF BUTE V. SIR JOHN GUEST.
This was a special case sent by the Court of ChancerYor,
the opinion of the Learned Barons of the Court of Excheqo let
It would appear that the Marquis of Bute some time °fittest,
on lease a piece of land, in Staffordshire, to Sir John the
the defendant, for the term of 61 years, and a covenant the
lease provided that the lessee was to erect premises 0n.07,
piece of land suitable and proper for carrying on the Nis! es'
of a glass manufactory, and gave him power to alter or
large such premises so often as the exigencies or necessytbs
the trade might require. The lessee took possession its
property, and in due course built the glass nianufactOlSog
strict accordance with the terms of the lease. Tile bitut the
had a frontage to a canal, which was also the propertY„°; the
noble lessor, and the canal was made available t„tioa,
conveyance of the glass to the market. The spec
however, turned out to be a failure, and the lessee ahan.,ooc•
the manufacture of glass, and the premises were now;,divg
cupied, and fast falling into decay. The noble lessor, P'ept of
that the traffic on his canal fell off after the abandont9 ocr
the premises, applied to Sir John Guest to resume then.' he
facture of glass, alleging that, by the terms of the lerise4ol
had no right to give it up till the term of his tenors, the
expired; but the lessee controverted this construction o eej
instrument, and the result was, the parties mutuallY agave
to refer the matter to an eminent conveyancer, who s .
quently gave his decision in favour of the noble lessor,
awarded that, by the terms and provisions of the leaseu,rir
lessee was bound to carry on the trade of A glass man st
turer, whether he lost or gained by it. Theill
lessee, being
of his original opinion, carried the case into the, theCl3urt
Chancery, and equity referred it to the Barons 01
chequer for their opinion. v
g, t, sP,;
Mr. WOOD, of the Chancery bar, accordingly no
peared to support the case of the Marquis of Bute, and 7. 0-
that as the lease was granted for.the express pun:losloi
abling the lessee to build and carry on a glass man be 0
on the piece of land in question, there could hardlY..tye
doubt that it was intended that the lessee should carry tap
trade of a glass manufacturer till the expiration of the 's7ol,
In the cases of Webb v. Plummer, Samson v. EastburP Sol;
ton v. Houston add others,,it was ruled by Chief Aletlee, avd
royd and other eminent judges, that when the terro'.,.tiel
covenants of a lease lead to the impression that the 13'iripg
contemplated at the time of granting the lease the c.sr!;,,
on of a particular trade or business, and although this Iv
tion was not expressly stated in the instsid or
the lessee was bound to carry on such tra (sof
business. Now when this lease was made, ittosit
evidently contemplated that the land would always bee gleo,
aud without any interruption, for the purposes et a
manufactory, and therefore he contended that the leS6e` fheo
been guilty of a breach of covenant in abandoniqpet
works. The land was let at the reduced rate of 3° t be'
annum, not because that was the real value of it, Lb.° got
cause the carrying on of a glass manufactory en the ieso
would increase the traffic on the lessor's canal, and th oteil
never could have been granted had it been contenlP4s
that the lessee was to be at liberty to abandon the '-
before the sixty-one years expired.
Mr. Cnomprow rose to address the Court for the other 046
but he was stopped by t°
1
The Loan CInEF BARON, who intimated that he WllO4
see by what rule of construction the terms of the lease
be said to bind the defendant to carry on the mantlf3ct 10 .ii
glass during the whole period of sixty-one years, if - f
;
manufacture was an unprofitable one. The intention ° sod
parties was that the concern should be a profitable 04 00
if it was not it was absurd to suppose that the defendaltatt
bound to carry it on for the term of sixty-one years et.'"fh tb°
The case must be remitted back to the arbitrator Yil`
instruction of the Court. 061'
Mr. Baron ALDERSON and Mr. Baron PLATT cone:,
and the case will be sent to the arbitrator for his re
sideration.

COMMON PLEAS.-(THIS
rniow 1101
Their Lordships took the special paper this mo
nothing was elicited of any interest to the public.

MECONDARIES.-(THIS DAY')
(Before Mr. Secondary PorTER.)
MEADOWS V. GAR.DINER. O°
.4;
This was an action to recover the balance of an iiCheifr
for work and labour. The defendant had pleaded that'
not indebted. (0
The facts of the case were very simple. The witn&-sjoete
:1
the plaintiff proved the work was done, and its ltcelf
be 211. ss. 3d. The plaintiff, however, admitted the
of a portion.
coe
. The SECONDARY said he did not see how the jau,,f(llll.,
give a verdict for less than the whole. The plaia"iolo
been driven to produce evidence, and the jury were'
opinion, bound by that evidence. for tr
The jury, after a slight hesitation, gave a verdict
full amount.

If)
MA.IILBRO'-STREET.—(T HIS D-hoe',„
William Gunn Mahon, described on the police c-oervi
sheet as residing at No. 72, Quadrant, and who was fortoiOD
a captain in the Royal Marines, was charged with eb
money under false pretences. ho kg
00
Mr. Humphries appeared on behalf of the accused, W",t,
apprehended last night at his lodgings, in Regent
Police-sergeant John Grey, 10 C. The specific charge
the prisoner was for obtaining from Mr. Asgard, 11,1` 0015
Oxford-street, in July last, the sum of 41. 12s. 6"lit„°,
order purporting to be drawn by the prisoner on hi!,gbst
Chatham, for his half-pay as Captain of Marines, De
time not being on half-pay.
On the prisoner being placed at the bar, Sergeant Otepreillt°
fln med Mr. Mtiltby that the prosecutor did not i°
offer any evidence in support of the charge.
The accused was then instantly liberated. bigb
The connexions of Captain Mahox are said to be
_ _

respectable.
Jm•• Of
het Ao
BRUSSELS, JAN. 19.—The Belgian Chava-io
Deputies voted on the 17th the following salaries al',
different Ministers at Foreign Courts :—For the 13tiol'
Embassy at the Court of St. James's, 80,000 f.; OOP
40,000 f. •, Germanic Confederation, 40,000 f.; France,,;:5004.1.:(
Italy, 40,000 f.; Prussia, 50,000 f. ; United States, -.4"4
Turkey, 47,000 f. ; Brazils, 21,000 f. ; and 15,000 f. gs„:l.o^
Denmark, Spain, Greece, lanse Towns, Portugal, e
and Sweden.
A el
MEETING OF THE IRISH MEMBERS.---A--
of the Liberal Irish Members took place this (11,.'„rile
Corn Exchange, to take into consideration their fu "pour
of conduct. The entire proceedings were ,private.
Pilot of Monday.
Lord John Russell, as leader of the Opposit:,'?,;elefl
entertain his former colleagues in office at dinner t'',"„titb,,'
ing, in Chesbam-place. Lady Jelin Russell, and the? 4fon'
branches of the Noble Lord's family, remain at Afirl'o
Roxburghshire. colt 3
THE RIOTS AT THE LATE WINDSOR Er' tiller bill
On Tuesday, at the borough quarter sessions, 0.-Do 91Y
-
Townsend were discharged from their recognisances'otor
of indictment having been preferred, and no prc''ec tO
gearing against them. Dogoi
Report says, Sir Robert Peel intends Pr°,o)eoittl
the 'louse, to-morrow, a plan to prevent the PP4og
deosits on the new railway schemes from interfer'
.cel4
the general money markets.—Daily News.
At 9,,srciestW
HYSTERICS INDUCED BY SYMPATHY.---
inquest, a wife, giving evidence touching her liushan..ua oir;
seemed about to faint, and the summoning officer 03'would ed,
hastened to her support The Coroner said she folio 4%
better if left to herself; and his advice having beeenroosce,'-rje
she gave her evidence without anything like 01",gilog 5.7h0t
emotion, until towards its conclusion a juror exPr"'d in that
pathy for her situation, she became hysterical, an oid
rot
state was led out of the room. The Coroner A
sympathy invariably produced such an effect, Nvi!!;',,j'013
itne.ro.
harshness or indifference towards persons in the tbenpOt
situation seemed to string their nerves, and 014 _OOLI
perform painful duties, for which commiseration r
them.