The Sun. — London, England, 1802-02-17 00:00:00

IMPERLIL PARLIANIEIVT. HOUSE OF PEERS, fUESDAY, FEB. 16. HOAR's DIVORCE BILL: After some routine and i private business was ' transacted, their Lordships proceeded so the Order of the Day, for the second reading of the 'Bill to diSsblve the Marriage _of GEORGE floia., the Younger, Esq. with 'ELIZABETH COOKE, his now wife... l Counsel were accordingly called in, •and Mt. .pALL As, in support of the Bill, stated the case to their Lordships. The Circumstances of this Case, which was the subjea of two different Trials in Westminster Hall, bein g ; already fully before our readers, through the Inednai of our. Law Reports, we deem it _unne cessary to recite them. -- It appeared generally, however, that the Pea.; tioner, George Hoar, the Younger, Esq. - of Twy ford, in Hampshire, was married in April, 1787, to Miss Elizabeth Cooke; -that they lived and col habited together until some time in Odober, tBoo they had no issue : that at the period last mention ed, the Lady left her husband's house,' and was a 1.4- ledged to have carried on an adulterous intercourse with Alexander 'Allan, Esq. of Somerset -street, Portman-square; .that in consequcke Mr. Hoar brought his action, in the usual way, Against...Major_ Allan, for damages, tin the Courts below, but ,failed in.obtaining damages, .a .VerdiCt being .given for the Defendant, and. that a second trial, -leave being granted for a new one, had a like result. The usual proceedings were then instituted by Mr. Hoar, in, the Consistory Court of the Bishop of London, in which; in juiy - last, he obtained ti sen tence of divorce, a mensa et thorn, from his wife. On the above appearing, from what transpired -at the Bar, it came regularly to the ki%oWled:# of their Lordships, that Mr. Hoar had - brought his an-ion for damageS in the Courts below,. i.'here he failed of a verdia. And this, in the opinion of two Noble and Learned Lords present (the CB AN- •C E LLOR. and Lord Tnuar.ow), made a most ma terial difference with respeA to the case under the consideration of the House.. It necessarily gave rise to some' discussion, principally between the Noble Lords. above 'mentioned, and the Counsel, iVIr. DALLAS, in the way of conversation. The Learned . Counsel contended, with much ability, for the regular progress of the bill, notwithstandi,ng the omission above' specified. He argued, -that the parties Stood in an importantly .different light at the Bur of their Lordships' House, from what they :did before "a Jury. In the former instance, the 'question was between the husband and wife, and the object was Separation in the latter, it was between the husband and the adulterer, and the ob jett was pecuniary compensation. The legislative proceeding, therefore, would be on different grounds from that on which the juridical stood. They were prepared to prove the fad of the Adultery at their Lordships' Bar, in the most incontrovertible man. ner, even through the Medium of the Lady her self, This, on being asked by one of their Lord ships, the Leal:tied Counsel explained, was by means of letters addressed by the Lady to her husband, in which a confession of her adulterous intercourse with Major Allan was made, and'these'docurnents, he emphatically observed, were competent evidence at their Lordship' Bar on the part of Mr. Hoar against his wife, though they could not he received as evidence in his favour against Major Allan in the Court of King's Bench. This communication gave rise to some explana tory conversation, chiefly between the Lotto CHAN, CELLOR and the Learned Counsel, respeding the peculiar circumstances in which such a . confession was required to be made, in order to render it com petent evidence as to the fact of Adultery ; and after scme conversation . across the Table, between the Law Lords above mentioned, it appeared to be 'their opinion, that, under the circumstances of the case, the omission of the proceedings in the courts of Law, so fir vitiated the bill, as to render it imp . roper to proceed with it in the present instance, and accordingly the Counsel were ordered from the Bar. The LORD CHANCELLOR then rose,. and delivered his sentiments upon the subjeet at some length. He thought it his duty, he said, to call their attention to the Bill then before them : It was grounded , upon the Peti tion of Mr. Hoar, in which 406 circumstances were stated, as, possibly he, the'Petitioner, might think himseif founded in calling for the interposition pf the Legislature in his favour. In the Petition, the usual statements of the alledged Adultery, the proceedings in the Ecclesiastical Courts, &c. were set forth : but the very important circumstances of what took place in the Courts of- Westminster Were omitted : with . respea- to these, it had re cently come to the regular knowledge of their Lordships, that the Petitioner had brought his aEtion for dam:wes for the alledged Adultery, in the Courts beitw, but where a verdia for the Defendant was given by a Jury of the country, not considering him. entitled to Damages. Not . only that, but a New Trial was granted, which had a limilar result—the Jury not thinking the Petitioner could sustain his right to Damages. He was aware that no standing order of the House existed against Ole entertaining Bills, in which the proceedings of the Courts below were not specified, pr the verdiCi of the Jury obtained by the party. He knew there 3/ . v ere some cases, in which it' was impossible to ob tain such a Verdi& impossible from various cir cumstances which were not connected with the con, duel of the Plaintiff—but the ordinary usage, and geuerul pra6,ice of the House was adverse to enter taining such Bills. \Vjth respeEl to the actual knowledge .which their Lordships might have of the proceedings alluded to, ha-ving occurred in tiny case, his Lordship seemed to think, that un less they were regularly brought within the view of the House in thetm shape of a document, they were not bound to take notice of them. He did not think, that Notoriety, however. public, was sufficient ground for their Lordships to atkupon in such a case ; and he also seemed to think that' no individual :reer, not even the person w h o h a d the, honour to sit on the Woolsack, could regularly state such farts to the House, so as to form an adequate ground4or their Legislative Proceedings upon the parpikular case. He thought himself forcibly called upon to draw their Lordships' attention to the Bill in question ; he thought they should deliberately con sider before they entertained a Bill, respeEting , which the Petitihner had not presented a real state of the case. What he meant to propose in the pre sent-instance was,. that the further consideration of the case be deferred for a .week, which would give • the Petitioner an opporttinity, should he be so in. dined,, of withdrawing the present Petition and Bill, and''subtuit new ones to the consideration ,of the House. As the case stood, their Lord, shit*. ought at least to hesitate before they pro ' ceeded farther to entertain such a Bill ; as that before them, would, he agreed with his Noble and Learned Friend, be setting a very dan gerous precedent, The subjeft-to which it related was one, he seemed to say, that notwithstanding every precaution their Lordships could possibl 'use; improper }lntakes may creep in ; 'nothing like' rela?cation 4 : those already adopted, gight there,' fore to be suffered. Bills in general of , that nature ought to be caut/6usly received, particularly those in which verdids were unsatisfaoorily 'obtained, as in those cases wheze judgment was suffered to go by default ; and the'se observations - applied obviously with increased force to such a Bill m as, that in ques tiOn.-:-His' Lordship made Some Observations on the general subjeft of Divorce ; , and on the nature and tendeneyi.of some of the proceedings which ne cessarily ;obtained in such' cases ; and also anis. madverted ',Upon some points which had lbeen urged in argument at the Bar, and in which, he displayed hia -usual ability.----He 'repeated that his idea was, by at:erring the farther consideration of the sub jel, to give the parties an opportunity of with drawing' the present Pill,. and if inclined, to bring the subjeta fully and regularly before the House by . means *of - a new and proper Bill, respecting which their Lordships could proceed in the way, which to their wisdoms seemed most meet.He then moved that the farther consideration of-the case be deferred till this day ,se'nniedit. --• Lard THU RLO 11/.4.sev ea that he .could not add to .the force of what had been stated by the Noble and T.,earoc4 Lord . ; he: however said, that With resped to what had' been stated of a Standing Order, that was not 5o very material, as it was well known that a Standing Order, was not so decisive o r so controoling, with: respect to their Lordships' ptheeedings, as the established usage and general pra#ice of the House--A Standing Order could be suspended any time,' upon motion. He agreed with the Noble and Learned Lord in what he had said respeding the etre& of evidence as adverted to at 'the Bar, and, above all, that the entertainino. of Bills, proceeding under such circumstances as the present, and in cases where a verdict in the Courts below had not been obtained, .would . be to open the door to a great deal of fraud and collusion. • The Question was then put upop the LORD CHANCELLOR'S Motion, .which was ordered ac cordingly. Two private Bills were brought up from the Commons by Mr. AsTLEY and Col. MOR.GAN, and reada first 'time ; 'after which their Lordships ad journed till to;4udrrow. ROUSE OF COMMONS, TUESDAY, FEB. 16. Lord KENSINGroN took the baths and his Seat. Mr. ALEXANDER presented a Petition from the County of Galway, in Ireland, respeCting the build_ sing of a new County Gaol ; and a Bill was ordered to be brought in, in pursuance with,the prayer of the said Petition. Mr. MANNING presented a Petition from the London Dock Company, the object of which was, to enlarge and amend the Bill passed last: Sessions. —Referred to a Committee. . _ General GASCOVNE presehted a Petition from the Inhabitants . of Liverpool,' stating the necessity of the ereftion of a new Town Hall.—Ordered to lie on the Table. Sir W. Yootqc presented a Petition from the Merchants of the Islands of Grenada acid St.. Vin cent's, which stated, that in consequence of the troubles which IA happened in those Islands, they had been obliged to apply for Relief by way of Loan or Exchequer Bills ; that they had nearly discharged the Debt which they had thus incurred, and praying -that the payment of the remainder, which became due on the sth of March next, might be postponed. ' The CHANCELLOR' of the - EXCHEQUER said, he hoped the Hon. Baronet would propose to refer this Petition to the consideration of a Com mittee. W. YOUNG said, it was his intention to make a Motion to ,that effeti ; at present, ; he should merely move, that the Petition should lie on the Table.—Orclered.. Sir JOHN SINCLAIR presented a Petition from the Board of Agriculture, setting forth the objeas for which they had been instituted, the success of their labours, and praying for such grant of Money as Parliament in its wisdom might think. proper to allow. Ordered to lie on the Table. Sir join:r SINCLAIR presented a Petition from the Inhabitants of the . Town of .Thurso, in Scotland, setting forth the advantages that would arise from making a HarbOur at the said port, tirc. Referred to a Committee. The SH ERIFFS of LONDON presented a Petition' from the Lord MayOr, Aldermen, &c. of the City of London, in Common Ccuncil assembled, stating, that the sum of 72,0001. 1, - vhich had been granted for the purpose" of making Docks, Canals, &c. in the Isle of Dogs, had been found inadequate to the purpose, and that, in order to complete the same, the further sum of 50,0001. was necessary ; that the former sum was insufficient, becaue, in many instances, it had been found necessary to make purchases of larger quantities of land, houses, &c. than i.vas requisite for the purposes of the Docks, because the proprietors would not sell merely the parts which were wanting. The CHANCELLOR of the EXCHEQUER said the object 'of this Petition was to obtain a sumo; money for an underok:in, the .exinnce of which the Public were bound to defray. This Petition would or course be referred to the consider ation of a Committee. He understood, however, that this sum was merely asked as a temporary ad vance, and that it would be repaid when the surplus lands which it had been found necessary to pur chase, should be sold.—Understanding it in that point of view, he was prepared to consent to the Petition. • Sir 7OHN •ANDERSON said, it had- undoubt edly. lieenfpund requisite to purchase more land than was necessary, and when tharcame to be sold, .he' had no 'abubt but that the money would be repaid.' • The Petition was ordered to be xeferred to the consideration of a Select Committee, The SHERIFFS of LONDON presented a Petition fram the Lord Mayor, Aldermen, &c. of London, setting forth that from the great ease' of the population of the Metropolis, Smithfield Market had been found too small to contain . the great numbers of cattle brought thither,. and, praying for a till to enlarge the same.---Referred to a Committee, The SHERIFFS of LoNoox presented a Petition from the Lord Mayor, Aldermen, arc. of London, praying for a Bill to alter and enlarge the powers of the Ad for widening and improving the access, to the City by Temple Bat, &c;—;Referred to a Committee.. , Mi t . WM. DONDAS gave,notice, that on Friday next he should move (if we understood_ him cotren l)'), toiransfer the East India Company's Servants from Bencoolen-to the other Settlements. The Exchequer Loan Bill went through a Com mittee, tnd was - ordered to be reportict to,morrow. The CHANCELLOR of the EXCHEQUER presented several accounts respeeting the_Debts.,ql the Civil List, up to the cth'of January, I.Bcn, as far•a . s . the Same could be made out. The titles of the Papers having been reads The CHANCELLOR of the EXCHEQUER said, - than the Papers now presented, and those al ready:_before the tious:e, formed a - complete state_ silent of-the receipt and expenditure of the Civil List, from the year t 786 to the present tithe.— shonkt now, only move, that. the Accounts should lie on the Tabie for the- perusal of the Members, and.to.:morrow he should move to refer them to the consideration of a - Selea Carnmittee. : _ SllRlD"lN‘i , ished to ask the Right. Hon: Gentleman, whether he expeCied to have it in com mand from His MAJESTY to make any Communica-- Lion, to the House, respeaing the . situation and rights ofHis Royal Highness the PRAN; E of WALES:, he wished it to be understobd, that this question proceeded entirely from him,self, without any com munication with any person whatever. The CHANCELLOR of the . EXCHEQUER said, he had it not in command to make any such communication, nor had he any reason to suppose he should receive any commands to that 'circa. Mr. NICHOLLS said, that when, these . Papers were referred to a Committee, he should move as an instruCtion to the Committee, to inquire what sums :of money had been received for Grants of' Lands-in t he Duchy of Cornwall, rritde i n pur suance of an Ad of the Bth Geo. HI. authorising the granting of Lands, &c. in that Dutchy. - The.SPEAKER gave notice, that as there was a great press of private business, be would, with the permission of, the House, Jaki• the Chair at three o'clock. The Committee on the American Treaty Al was put off till to-morrow. Adjourned at five o'clock till to-morrow. E r rors the LONDON GAZETTE, Feb. 16, 1802. EAWKRUPTS. Samuel Wells, of Leonard-square, Shoreditch, corn-chandler, to surrender Fe*wiry ig, and March z, 30, at ten, at G uild hall. Attornek, Mr. Taylor, Old-street-Road. Benjamin Jackson, of Wentworth, Yorkshire, corn-dealer and meal-seller, March 3, at six, 4, at ten, and 30, al six, iit the Three Cranes Inn, Barnsley. Attornies, Mr. "?Cake, Southampton-Buildings, Chancery-lane, , London or Mr. Kirks, of Hemingfield, Yorkshire. Thomas Gamble the younger, of Leicester, woolcomber, March 57, at four, 19, and 30, at eleven, at the S aracen's- Head Inn, Leicester. Attornies, Messrs. Matthews and Good, Gough-square, Fleet-street, London ; or Mr., Freer; Leicester. Christopher Alderson, of Beccles, Suff . ()lk, shopkeeper, March 3,4, and 3o; at eleven, at the King's-Head inn, Beccles. Attornies, Messrs. Debars , and Cope, Paper.. Buildings, Temple; of Mr. G. W. Browne Bohun, Beccles. William Fisher the younger, of Briest-whistle ' Yorkshire, ' clothier, February z 6, at three, at the. Woolpacks Inn, Wakefield, 2.7, at ten,. at the George and Dragon Inn, Dewsbury, and March. 30, at ten, at the White-Hart Inn, Huddersfield. Attornies, Mr. T. Rylah, of Dewsbury ; or Mr. E. Sykes, New Inn, London. George Hawkins,-of Fish-street-Hill, druggist, February 20, at eleven, 26 and March 3 0 , at ten, at Guildhall. Attor ney, Mr. T. Rigby, New City-Chamber6, Bishopsgate street. John Snowden, of Liverpool, merchant, March tz, r 3, and 30, at one, at the Globe Tavern, LiVerpool. Attornies, Messrs. ill and Whitley, Liverpool; or Mr. Windle, Bartlett's-Buildings; London. DII'IDENDS. March zo. Charles Biggar, late of the Spring Garden Coffee hotse, Saint Martin in the. Fields, cottix-house-keeper, at ten, at Guildhall. March it. Charles Stoodly Pecford , of Exeter, sergemaker, at eleven, at the Globe 'Cavern, Exeter. Feb. 27. Thomas Bolas, of the Temple, and John Robson, of Crutched-Friars, corn-faCtors, at eleven, at Guildhall. May 4. Jacob Reichard, John Philip Dahmer, and John Jacob Brune, late of Angel-court, Philip, merchants, at one, at Guildhall. March 16. Charles Mac Carthy, of Bristol, jeweller, at eleven, at Guildhall, London. March t 2. Francis Kilborn, now or late of Desborough, Northampton, dealer, at the Blue Lion Inn, Leicester. CERTIFICAI ES. March 9. Thomas Hayman, of the Old City -Chambers I merchant. John Figgins, of Trowbridge, Wiltshire, carpenter. lohn Clayton, of Sedgeborrosv, Worcester, niealman. S7:9L'KZ, ERDAY. India Stock • Excheq. Bills s. S. prem. Fundable ilitto prem. 3d Exchequer Bills par New S. S. Stock omniutil Imper. 3 per Cent. 69ki Ditto Ann. 12 7-16 i Lank tor Account India for Account Consols fur Acc, 69j THE SUN• lOLEM QUIS DICERS FALSUD , I AUL"' 18 01 ` LONDON, FEBRUARY 17, ! 1 Of WE this morning received the Paris Fd li nce rile z 2th and 13th inst. They bring no ine ellige et . a. of any importance. It is stated that th e ?tc : t he , ings at Lyons have caused great rejoicio9 " Italian Republic. At Milan, Te Da" W as sa ' ; and the City illuminated on the occasion. Ae rate The French Funds arc rather declining; at 56 f. 75. The public mind has been greatly agitatea jull :f, t c the last week, in expeEtation of the a rrival ° f to Definitive Treaty. We have often had occa°[ll7o i reprove the hasty temper of our countrym en, f a bore with patience and fortitude the" horrors ashi°oo long And unexampled War, and yet have no t s 3 sufficient - magnanimity, to await the return(/' tranquillity, which they so ardently desire.' 6 e , If the people of this country be sincelellaieff , skous of undissembled and pennarent Peac e ' • ,A . must repOse an honourable. confidence in ' -'ll sha,o stration, and nocclesire - that this 'at cVe -- . , be actomplished prematbrely Or jalcorisider 3lCll o . ll 3 We shall not push 'these reitiarkS any' Lirth cri ~ioa ra we trust, this last time, we shall have °(:- s tJ to. aniwdv,ett On - the imprOpriety of su ch cl r o expedations. We assert this with a great e r , u 0 of .confidence,because, we entertain the hopes that the general wish of the PeuPle speedily gratified,. anti sooner than they made at this moment expert. The 14,11urgb Mail which became 4 0 P ay morning, .had rut arrived when this Paper to Press. s a Oat The SpEAXER gives a grand dinner on -J o be. to a large Ministerial Party ; and several ' t t on the other side of the House a re, invited '° day. .110' 0 of, I'he Earl and Countess of HARDwl c ' s i el''': f rendered themselves ext r emely p o p u lar in r i tiw; as well by the urbanity an d co nd esc enieu ° o f 11 '` Manners, as by t h e i r stu di e d encouragement Is:VP Trade and Manufaa u r es. o f th a t p a r . ( of t;k l4 i r dotn, il e' THOMAS HEN 4 13R ooKE, Esq.. is 3 F I Y Secretary to the Government of the Island °ll,,4lif‘ . ' f lena; and GARR, IE L . DQV ETON I E SCI. a Store' . hil Mr. Fox, it is now said, -Means to 3 ° e fl duty in Parliament very regularly. ~,,r at iaj e° We are concerned t o l earn , teat Emig `' T e from the Northern P a r ts o f S cotlan d CO All ei af t '' , :`, still very prevalent, It su re l y i s t h e i nt ere' ea Proprietors of Lands in the North, to put ' i Le ttf r " this evil as much as lies in their power- OP t ; lately received from tha t p art o f t h e Kinge"'ocirli that about' two Thousand Persons are now f re ' to depart for America. to The deficit in the Dutch Finances artiou r `o l- O r : millions of florins. To meet thi s sum the ,JA I ment hers proposed to the Legislative BotlY i po l9rf r 'l4' partly voluntary, and paitly forced. The I " - or' Loan is. to consist of a Lottery of / 2 mill/o'e 50' subscribed for till the; Ist of April r &oz., elfool scriptions are 1000 florins, Soo and 250. ' l. l la t ., is' to be paid by three instalnlents, istli A2 11 : 0 0 51 , 1- , August, and 15th November : 1000 florin s , n( . i " o f tute a full share, which is to bears pet C- 4t ll 5 terest. The Lottery is to be drawn on the 14 10 June, Oa. is, and. Jan. r 5, 1803, Th e , o o 1/° : lot or prize in the first class, is to be I s ° ' - e0 ;; rins, in the second 200,000, and in the third 12 * r The Forted Loan is to be for eight ye 3rs ', j cent. upon capital, and z per cent. - 013 re VenLi )et e , i ; The Duke of BRIDGE WATER has jus t CO I:0j ( a very extraordinary and valuable Pu rc ;0 rill tv''; Hertfordshire. A small estate belonging c i - WHITBREAD, not' far from Hatfield, belonging for,; softie time under sale. The ;origitij i if olti fi r; for it was zo,oool. but the Gentleman or• ir e, ,i, good his purchase within the limited ° yi p 13 : 1 0 t was again offered for sale, and 11,000 1 . ' 0 10%1 Some demur took place in tespett to the reg o ver; of the title.deeds ; and in the 'mean tim e o f t o f Noble Competitors started for the purcha se p o l4 k e t i, The Estate was at length bought by th e tiOre BR 'DOE WATER for 14,0001. besides til e s pf , '. o , The Duke, who had profited so much bY 0, ! c is and aquedtras, in walking over the ,gru' iti 0 11 / 4 quired from whence a small rivulet spr3il.f'e sQ II S O ran through- a part of the premises. 1 ' t o b e / was traced, and on investigation was founJ 0 ,01. 1 / I strong and fruitful, that i t s equal is or! `, l see f et It struck His Grace that thi s s p r ing ittig, ~ IZl' l d t London with water ; and as soon as the . I , e ; s 6t, of Company were made acquainted with the i r j u xe p r y advantageous proposals were made to th e e llie c ' f it ; the spring ; and we are confidently assu r- t lie' been offered five thousand pou n ds a yea r to r fitl y of it. . exc ite • 0 1, The. public curiosity has been greatlY i gosr, / ,0 the extraordinary donation to Grcenwi e ' l 00 1.0 ", t o , and Chatham Chest, of 20,0001. by 3,i1, G ood Benelador. It was first announced in t ",. gr.,'' t fi l o' in which the Directors returned th e ' "''''' ire thanks for this rare instance of liberality ' be, , r ever this generous friend of Humanity il i , o i r tine f o r must feel the most glorious. s ensatinits,4 o ll4 o o \ propriate seletuion of the objects ofhis ' vil fr of the extent of good which he has concerted' ch parade or ostentation. ~ Cht o of On Tuesday t6th inst. at The Paris" j3 l s'd 1.00 51-' St. Mary.le.bone, was married, by the fa If n fge Or',l of LONDON, THOMAS LAW HODGEs , - B att' ' Place, in Kent, Esq. to Miss . TW ISP Oat ( ' daughter of the late sie R. 'TwtsnEf4° 4radbourne Park, in the same Count,'" i A'RICE YEST Bank Stock Navy 5 per Cent. fosil per Lent. [797, lox to lrtsh S per Cent. tot • }per Cent. Con. 87 4 per Cent. Red. 7 ,,a1t 3 per Cent. Con. 69 .Ditto Scrip Bank Long Ann. 2o 11.1611 . Ditto Short Ann. si Ditto Scrip 1 11 5