The Express.
London, England, 1861-01-21 00:00:00

COURT FOR DIVORCE AND MATRIMONIAL

CAUL.-JAN. 19.

(Betare the Jody Ordinary Xr. Justice WUlee, cad Mr.
Berea CheaselL)

!VIVI!! r. THI ATTIIIINIT-6111111LAL.-" LAVINIA, PIUNCILM OP

ID AID DUCH).I4B or LANC/LiT1111"

In this case, Mrs. lAvinia Jannetta Horton /tyres, who
claims to be a niece of George 111., prayed the court to
pronounce her to be the legititnatedatughter of John Thomas
Smits awl Olive his wife.

r. H. Roche appeared for the Attorney.
General.

The petitioner, who conducts her mar in person, stated
that she had stibpcnard a gentleman who would produce
examined c.,pies of the marriage register of her father and
mother, and of the register of her own baptism. She
would also tender her own evidence, which she hoped would
be received as sufficient proof of her identity as the off-
spring of the perilous to whose marriage the documentary
evidence related. She was the legitimate daughter
of John Thomas Serves and of Olive his wife,
who were lawfully married, at she had been
informed and believed, on the lst of September, 1792, at
HarWn-00-the-Heath, Wareichabite • she was born at
liveye the Igt!: of Marsh, 1797, and WAS baptised et
the church of St. Nicholas, in that tows, on the 31st of
August, in the seine year. She was lawfully married co
the Vod of November, lit 22, to Anthony Thomas Ryes%
Trews whom she pprrooceuared a divorce I tense et them, on
the ground of adultery, on the 16th of February, 1841.
31r. Welshy here observed that the petitioner was hound
by the statute to accompany her petition with an affidavit
denying fraud and collusion ; which in the present case had
not been done. That 0011Alitel, he submitted, was fatal.
The Judge Ordinary said thug such an affidavit was filed
on the 9th rd November last.

--Mr. WeL.by mid the affidavit had not been communicated
to the Attorneydieneral, but be would oot press the objec-
tion.

lir. Theodore Beeeroft Reeves was then sworn, and he
produced • copy of the ruarriage register. %bleb he had olr
Calmed on the Ilth of March, Urn, from the Rev. H. W.
Haddon, rector of Bartotron.the.Heatli. He produced she
• copy of the petitioner's haptinnal register from the perish
church of Bt. Nicholas, Liverpool. A great number of the
entries in the book were almost illegible, from the effects of
damp or other canoes ; *ad the register produced was the
bast transcript that he could snake by mews of • magnify-
ing glass. Close of the entries had apparently been written
see mon by the cleric He produced, also, • tracing
which he Yid made of the entry. and a copy of the register
as it had bees returned to the bebop of Chester.
Mr. Welay suggested that it would be necessary to pro-
em the original Look.
The Judge OrdinAr% —Moot undoubtedly. It would be
insposasble for the couit to act upon • copy made under
such cironselenins.

The petitioner wu then sworn and mid shall be
N years doge ao the Pith of nest Mardi. My memory is
pod, rod rituals to • very early date. My
isatim 1824, cud my mother in 1&11. I remember
them from the time 1 was at the age of three and-mbelf
=I remember our coming to Endue. At gnat we
at the oxen of Harleyetreet. We left Liverpool
when I was two and.a.hall years old. My parents told me
that. I eanwitesautly tell bow lung they lived in Harley-
street ; but when they removed it was to No,
street, and then to No. 2 Herners-etreet, when my father
esteblubed the Britiih 9:1t0..: of the nor Arta- the tint
school of the lurid that was founded in England *aunt the
Hu al Academy. Ou the lath of March„ law, my father '
awl mother, from iktf,rtnee of hamper. separated by deed.

My mother hail the charge of myself and another infant.
I ,iru now the eldest of the family. My mother hail an
allowance. and 60/. for my imp support, and a tuainte-
nom for herself from my father. She lived in Bood-
..treci, Pullman, and ,dher places at the West End; and
she moved in the first circles of society. She was under
the immediate protection of a relation of Dr. Wilmot, who
had solemnized her marriage. I did not know Dr. Wilmot,
but 1 was at his funeral in 1007. My mother continued at
the West End till she went to Brighton. Latterly she re-
sided in Bedford-square, and at the time of her death in
Surrey. She died in Trinity-mjuare, in the Borough. I
ceased to live with her in Del, when I WY married. She
was then residing in Alfred-place, Bedford-square; and
she afterwards lived within the rules of the King's Bench.
After this she went to Trinity.square, where—as I have said
—she died. She was buried at St. Janies'a, Piccadilly. She
was W at the time of her decease. I have always been known
and looked up to as her legitinette daughter and represent.
tative. After the separation Idid notlive with my father. He
was a marine drAft..maa, and was employed by the Duke of
Ckreace and the Admiralty. He wee at the battle of Tra-
falgar. engaged by Lord Nelson to take the headlands. He
was the son of thi. late Dominic Serves, • Royal .kcademi-
clan, and the brit ever appointed by the king. He was of
French extraction, and his works are still to be seen at
liamptou Court. He lived in Covent-prdeu, and at other
places in Londoo. I saw him just before he died, at Moor-
place, in Lambeth. He was buried in our family vault at
Paddington Church, where my grandfather, Dominic Serres,
sad all the family lie interred. The Royal Academy
vote me • sum of 10/. as a descendant of their first
Academician. lam perfectly willing that the register book
shall be produced. On the 21st of November, Ift22, I ap-
plied to the court at Dortors'-commons for a license to
ob-
tain the certificate of my father and mother'. marriage. At
that time there was a law, which only continued a short
time in force, by which persons requiring such certifi-
cates were called on to prove their identity. I accordingly
made the application through my proctor, Mr. John liay-
ford, who publicly moved that I should be permitted to
have thecertificate. The judge then presiding said that I
could have it if I could produce any one to identify me from
my birth to the time of my marriage. I then applied at the
Heralds' College, to Mr. William Radcliffe, the Rouge
Croix, who by his oath proved my identity, and I siss
allowed the certificate.

t it43.iirtu;trall-Ihe court cannot attend to any oath
of Mr. Ratcliffe taken at that time.

Mrs. Mynas—There is a gentleman, Mr. E. Goodwin, who
could identify me.

Sir C. 6;4;roil— Why did you not subperia him
Mrs. Ryves--•l did not think it would be requisite.
Sir C. Cromwell said the court would adjourn the tale
till Tuesday to enable the original register of baptisms, at
St. Nicholas's Church, Liverpool, to be produced ; and also
any further evidence the petitioner might wish to give.