Court Of Chancery, Friday...
LAW RRPOR7. *'rne, IoRD Ct;HANCELLOR. said, that he had rcad over tha two deecis-one binding the ,Marquis of Hertford with some other noble- men and gentlemen, as sureties for the rent under the lease ; the other, in which Messrs. Clhippindale and Yallop were bound for all the other covenants it the contract between Ebers and Benelli, and in which the former indenture of lease was recited. Upon this last deed though the indenture of lease or subdemise was mentioned yet there was nothing specific to show that lessrs. Chlippindale and Yallop were to be bound equally with the sureties for the payment of rent. Upon the first nentioned deed, hia l,erdship,nfter themost caretul perusal of both deeds, could find nothing whatever whigh bound the Marquis of Hertford aeNd tde other sureties for the rent to the ftlfilment of these other covenants in the contract for whicn Mlessrs. Chippindale and Yallop were se- parately bound. Ile begged Air. Hart to do him the favour to read over the deeds once more, and point oat to the Court, if possible, any one expression whiCh ri quired that the house should be kept open at all, or any which woIldl justify the Court in appointt- ing a manager on the motion of AI r. Ebers, without the acquiescence of the sureties, either those for the rent, or those for the separate covenants. How were they to bind the sureties beyond the terms which the sureties themselves had subscribed and were ready to ac- knowledge ? This being so, if he were to be pressed for his opinion upon the legal effect of granting the present motion, with regard to those sureties, he must plainly declare thathe thought the granting of it contrary to their will would have the effect of releasing them from their responsibility. Alr. Ebers had taken sufficient precau- tions in the deeds to secure the fulfilment of the eovenants, or. in failure of them, ample indemnification under the bond-, together with a right of re-entry upan the default of Benelli as to anv of the conditions. Among those conditions and obli- gations there was no mention of any which required Benelli to manage this property in any particular way. Then how could the Court grant to AiIr. Ebers so muchl more thian was secured to him in the deeds? He might clainm all the benefits of the deeds, hut the Cour could give him no more. In other werds, it could not compel the lessec andI sureties to a management of the pronerty which was incompatible with the situation in which they had involuntarily placed themselves, without releasing them from their obligation. MIr. HART said that it never had been his intention to carry this motion against the will of the iMarquis of Hertfordl, and the other sureties, whose consent was of course necessary to the arrangement. The reason why Mr. Ebers had vresumed upon obtaining that con- sent was, that no other method co'tld be devised to save the property from entire destruction. Of course Mtr. Ebers, however earnest for the protection and preservation of the property by placing it in rnedio under the protection of the Court, could not give up the hold which he had upon the sureties, though the effect of their oppositions would certainly be that the property would come to the dogs. I\i r. Ho snxE. on behalf of the Mlarquis of lertford and the sureties, had nothing to trouble the Court with now, but simply to ask for thie costs, which must be given them as a matter of course. Air. HART said that the costs were not so clearly a grant wlich must follow as matter of course. Thermotion was neitlier vexatious nor improper, antI there was no instanee of such a moLion, intended merely for the protection of the objet, being visited with costs. The LoanD URANCELLOR promised to pronounce upen the ques- tion of costs on Monday morning. It appeared that, according to past custom, the Court was in the habit of giving a cear week, between the last day of term and the first seal to the suitors of the Rolls, where the Master sits in the day during that time. From the effect of this arrangement, it happened that the professional people were not prepared with any business to go on with this morning, and the Court accordingly adjoumed before twelve o'clock. COURT OF CHANCERY. F1RTnAv-. 7T)C. 3. OPERA--UOU SE.-EuEas V. BENELLI.