The Sun.
London, England, 1844-02-19 00:00:00

THE SUN, LONDON, MONDAY MORNING, FEBRE7ARY 19, 1844.

attempt, however, they were not successful, for on
the first night of the family endeavouring to sleep in the
house, not a single person was able to obtain the slightest
rest, in consequence of the numberless visitations of
these insects. On the following morning, it was found that
the sheets between which the defendant and his wife had
tried to repose presented a mass of " bug carcases and bug's
blood." In the course of the succeeding day, the " army"
increased, and as day followed upon day, for several days,
the "force of occupation" had become so alarmingly exten-
sive as to render it a matter of absolute impossibility that
human beings could continue to remain in the house. The
defendant, therefore, sent an intimation as to the state of the
dwelling. A series of communications ensued between the
parties, the landlord offering to endeavour to rid the house of
its " insectorial" inhabitants. To this proposition the defend-
ant, it appeared, was willing to accede, provided he was also
allowed a quarter's rent, to cover the expenses he would neces-
sarily be put to in procuring another residence for his family
whilst the proposed "siege" was being laid and carried on.
The landlord, however, declined to make the required•allow-
ance, and, upon the quarter having expired, the defendant
refused to pay the rent in consequence of having been com-
pelled to quit upon the ground that the house was not in a
habitable condition. The matter subsequently came before
the full Court on a'motion to set aside that verdict for a new
trial, and on the ground that the terms of the contract
set out in the lease did not necessarily imply that the
house was to be put in a habitable condition by the land-
lord, There was another ground. The lease set forth
that some garden ground was let to the defendant, as
well as the house, and the question was raised whether even
though there had been an implied contract as to the reasonably
habitable condition of the house, the tenant had the power or
authority to abandon or give up the possession of both. On
behalf of the defendant, it was contended, principally upon
the authority of " Smith and Marrable," that the landlord
was bound to put his house in a reasonably tenantable and
habitable condition.
The COURT now decided that, according to all the old au-
thorities, a landlord was not bound to put his house in such
a state of habitable repair as was contemplated in the present
case. Their Lordships, therefore, were of opinion that the
rule should be made absolute. It would, however, be well
that in all future leases this condition should be expressed.
Rule for a new trial absolute.
DOE DEM. TORK V. WALKER.

The COURT, in this instance, gave judgment in favour of
the plaintiff.

BANKRUPTCY COURT, Feb. 17.
IN RE CHARLES JAMES MATHEWS.
Saturday was appointed for the investigation in this case
to be resumed, and numbers of persons, on coming to the
Court, were disappointed, on learning that the examination
had been adjourned to Thursday, the 27th inst. It seems
that, some days after the hearing on the Bth instant, an ap-
plication was made, on the part of the opposition, for another
day, and on the 27th was named. The insolvent did not,
however, obtain an enlargement of his protection until Thurs-
day last, when it was endorsed for the day mentioned. The
following is a correct copy of the proposal on the schedule for
the creditors :

" The proposal of Charles J. Mathews for the gradual
liquidation of his debts. That is to say, that the said Charles
James Mathews will pay into the hands of an official assignee,
to be appointed under his estate, a sum of thirteen hundred
and fifty pounds annually (such sum being taken as an
average of half tho receipts of the said Charles James
Mathews, on the last five years) out of the earnings of him-
self and wife so long as they are in engagement, and enabled
to perform, such sum to be paid in equal monthly parts. But
should either the said Charles James Mathews, or Eliza, his
wife, be unable, by accident, ill-health, or other unavoidable
cause, to exercise their profession, the said Charles James
Mathews will then pay into the hands of the assignee afore-
said, one clear half the earnings of whichever of them shall
be enabled to continue their possession, out of which sum of
1,350/is to be satisfied a certain annuity of 300/, to the Mar-
quis
of Abercorn, which sum the Marquis is liable to pay to
Messrs. Parke and Freeth, of Lincoln's Inn-fields, as the .
surety of the said Charles J. Mathews, the principal sum,
consideration for such annuity, the said Chas. J. Mathews
having been discharged from under the Insolvent Debtors':
Act' in the month of June, 1842; and the said Charles
James Mathews is to be at liberty to retain the trifling!
articles of jewellery and the wearing apparel of the said'
Charles James Mathews, and Eliza, his wife. .
(Signed) "C. J. MATHEWS.
"Dated the 22d Dec., 1843."