The Sun.
London, England, 1833-04-17 00:00:00

MANNERS V. CHARLESWORTH.

This was an appeal motion from an order made by his Ho.
nour the VICE-CHANCELLOR. The original motion was for an
order to set aside a return made to a commission of partition of
the estates in Yorkshire, Leicestershire, and Middlesex, devised
to the late Edward Manners by the will of the late Duke of
Rutland, and to have a new commission, which his Honour
dismissed with costs. Mr. Rolfe, Mr. Koe, and Mr. Kindersley,
were in support of the present application, and appeared for
seven of Mr. Manners's children as well as for Mr. Lancaster,
the Receiver. The Attorney-General, Sir Edward Sugden, and
Messrs. Pepys, Knight, Wakefield, K. Parker, and B. Ander-
son were Counsel for the remaining three children, and
opposed the motion. The expenses already incurred amounted
to no less than five thousand pounds. Mr. Rolfe resumed his
reply this morning. The grounds (though the arguments have
lasted three days) on which the motion was made were, alleged
inequality of partition and an omission to return certain valu-
ations of timber which it was contended ought to have formed
part of the depositions returned by the Commissioners into
Court. The affidavit the motion was principally rested upon,
was that of the receiver, who it was said was in receipt of 500/.
a year for commissions. In opposition the arguments were,
that there was no inequality of partition—that, fiom the
actual rental, the shares appeared to be as equally
divided, as it was possible to make the division ;
and in the next place, that, according to the practice of the
Court, such valuations never were returned; but that should
his Lordship think it right that they should, the defendants had
no objection to the Court's making an order directing the
Commissioners to return them. The Commissioners had made
no affidavit, deeming that it would have been inconsistent,with
what was due from them to the Court to have done so, but if
his Lordship desired to have any information from them.
they were quite ready and willing to make an affidavit.

The LORD CHANCELLOR considered that the Commissioners
had been well advised in not making an affidavit, and he would
certainly not call upon them now to do so. He did not see
why, in the case of a partition, one party should not make the
division, and then for all the parties to cast lots for the several
portions. An old writer on the Constitution (Harris) had said,
if three children were to have one cake among them, one was
to divide it, then all were to cast lots for the different parts, and
then justice was sure to be done. The only part of this case
which he would take further time to consider, was the state-
ment at the bar, that the Commissioners had not allowed suf-
ficient time and opportunity for the parties now complain-
ing, to put them (the Commissioners) into possession of
all the information possible to enable them to make
a proper return. From his present impression, Ins Lord-
ship was almost inclined to say that the Commissioners
had allowed ample time, and that they had exercised a sound
discretion. As to the allegation of gross inequality, it was next
to impossible for the Court to take notice of such a statement.
The Court was bound in such a case as this to give almost im-
plicit credit to theconduct of the Commissioners ; and inequality
could only occur from some great mistake on the part of the
surveyors. If such mistake were made out, that would be an-
other thing; but there had been no effort made to prove such
a thing here. His Lordship was very much disposed at once to
say, that he entirely agreed with his Honour's judgment, but he
would look into the affidavits on the point he had already ad-
verted to.

VICE-CHANCERY COUR r.-(THIS DAY.)

Cause petitions of no public interest occupied his Honour
the whole morning.

KING'S BENCH -(THIS DAY.)

The COURT was occupied the whole of the morning in hear..
ing applications for new trials—none of which were of any
public interest.

BAIL COURT.-(THIS DAY.)

Mr. Justice PArrEsoN sat in this Court this morning, to re.
ceive justifications of bail, and to take motions.

ROLLS' COURT -( I'HIS DAY.)

His Honour the MASTER of the ROLLS proceeded with
causes on further directions today, but nothing of the least
public importance had occurred up to the period of our Re-
porter's leaving.

THE MARKE fs.—( IHIS DAY).