The British Press; or, Morning Literary Advertiser.
London, England, 1805-11-14 00:00:00

•
tune of 50,0001. a-year ; yet, when it was CO'. •
that it was new subje'l to tee elainte of so
COURT dF CHANCERY, Nev. 13. needy cr"diro:s, the I idy in ipiettier, more,: -
ing deeined unworthy Af. ~ioh an alliareee •!.
BREACH Oft A MARRIAGE CONTRACT. perhaps, at this 1 ewl:4 reeser to color/rosier,:
NH. TURNER 04 (hr' part of JULIANA FR ANCEI. herself on being M. s. Miner. instead of Mete
hir Ivo?, e." 1•111; jut itql:lS Or DONNLG; AL. chiotiess of Donneg4. The plea •ffi tiottv,Dnue
This exception'fo"tidt Master's report. disallowing nevi being now cot of ti:e oratory, ' no
the claim of the Plaintiffs, on a bond for 2,50e1. I more avail against this, thee any othenehrhte ppd he
was opened by Mr. Roots.ev, upon the affidavits could not give the' poblemen much credinke eis
of Mrs. Touter, Mr. Bellamy, her father, and Mr. good inteetions, when-be rat...del, that. etsthp -no-
Bryant, who, in this teansaflion. was the agent of the matt of his traasafling this business with Mr. K
Marquis of' Donnegal. From these it appeared. and of his cancelligig elle. bond, he was eetdal
.•that, on the 20th of February, 1794, the lady in treaty with Miss t enemy and her, father.
question was on a visit to the Countess of Lanes- The LORD Cirescaernea did nee leiek the ale.
borough, and Mr King, her ladyship's husband, sence of the Marquis
,from this country any bar
where see received the addresses of the present Mar- to thesdereend ; sued. eas the bond gives the lady
quis of Donsiegel, ev:to proposed marriage to her. was not satisied to her, if King delivered to the
As he was, at that time. on the point of leaving Marquis, he should ha,ve considered hinisvl4* Oolcle
England, he was very solicitous to enter into an ing it in trust for her. He owned. tuaestho cir-
agreement, or contrael, between them, which would curnstance of her entering into a b nal tiee.pee ilty
s-care their marriage at a convenient time. Mr. of which she would be wielde to discharge. was
King eadertook to prepare an instrument for this liable to suspicion ; but courts of jitsticee eotelsl not
purpose ; and, on the 40th of February, in. the year trust themselves with any thing so dengesrou eas
already mentioned, she, and the Marquis, being in. making their decisions depend upon sespesinus er. •
trisduced into Mr. King's closet, signed a poc.oeit cumstances, or what they might have hear. .n other
bond, in a penalty of 40,0001 each, if their mar- cases, or in another place. Vie differeeee id the si-
•riage comma not be performed on the death to ition in life of the two parties, did sae inveliaste
of his Lordship's father ; she, of course. signed, the contra'!, nor reduce 'he vivito* of the com-
under her maiden mime of Juliana Frances Bellemy ; I nervation ; for breaches aed disepe...intaseets or this
end, as Mr. King was the trustee, it was agreed, I kind were likely to do most injury te those ni middling
that the bond should remain in his ponession. In I s:arians. It appeared, that ertn. lees merrtage with
the month of August, 1795, finding, by the news. Miss May, the Met quis aelolowlpelged the
papers, that hie Lordship was serially married to ' jestice of this l,idy's cleit 1, and expleseeni.hie disep-
Miss May, the applied to King to deliver up the pointment at King's not send), log it. The t- ins-
bond, but he eveded doing so. She since leerned, eftien between the latter and the Marquis was enn-
thet he had sold the original bond to Mr. May, fer fined to thernielves, and slid not le tee henthedess a
another of 2,5001. which hi appropriated to his creditor, thotreh it might give him a deepens' on
own purposes. She did not know, however, that K. 1114. I ie. therefore, eedeted, that the exception
the latter bend was given for her use and benefit. siaotili be allowed.
and as a cempensation for the breach of 'canteen, wetteeeeer THE IitARQUIS OV 01111111011 L.
till the Marquis himself wrote to that dial, in a This was an exception te the repeat of tee Master,
letter to her father. Bat she swore, that she never u,seeer the folk-.shag eireumetarees :It will be re-
! empowered King to net in that manner for 'her. colleffed, that the present Marqvis set Dennegal. on
The effidevit of Mr. Bellamy, her father, corro. the death of his father, blued bionselt so much em-
horded most parts of the above statement, and berrassed by nu cross, claims and oblicinote, hit
added, that when he found the Marquis had cone- which }motes priors Artie a debtor, to sue,. *sex ant.
mined a breach of cono all, in marrying another, be that he was %leder the necessity of executinga. deed
demanded the bind of Mr. King ; but the latter re- to some trustees, • mpaiwarou by a. Dense of Chan-
fused to give it up, and, at last. said, he had de- eery, to enquire into. liquidate, .';td arra .7,61: the
strayed it. It recited several letters from the Mar- just el rims upon hint. Ameugst these was the
quis biniolf; in reply to I.is applications, calling erese it bond for 3,0301. given to ts Crete*. for
upon him for compensation for the injury he hid the p•ir• base of an estate, farm, heiisr, derelitt,re,
done to his daughter. In all of these, his Lordship and sonic brood mares, at Kgbsm Hitleoffere they
constantly acknowledged the justice of the demend, were ef.erwards sold in exit-tertian for soseworither of
and promised to make compensation, as soon as he his leirdthip'e debts I was Agreed, that tnerseese•ey
was able. The first we, dated on the 18th of 1k- was not to be paid till after les r's de.olie
ember, Viet), in which the Marquis promised that in the mean time, Mr. Co. le having • become
the demand should be settled as sown as possible. bankrupt, this bond, with a lieu of 5001. came i
There was another on the 6th of Febru try, 1800, the hands of Mr. Warrel. one of the assigrzstf
while Miss Bellamy was still single, in which the bankruptcy. Crooke, in his affiJavit,
Marquis again confessed the claim to be just, and what he received the bond in consideratiou
said, he had instrueled his agent to make out deben- worth the money charged on it ; but the Isf
titres for the payment. There were many other being satisfied with the account given of. nee
1 tters, to the same etTra, in which he cemplained adion, refused to admit the claim. Several doe
that his trustees had b. hayed very ill to him, and wits were produced in support of the jeseice 'of the
promised, upon his hon. tar, that this should be the claim, and •
first debt paid, when his affiirs :fould be put in any Mr PICIOT and Mr. Rommel( contended. that it
train of settlement. At la.t, however, the Marquis ought to be Allowed ; es, even supposing the original
informed him, that King had received the money transefiion between Crooke and the Marquis to have
from one of his agents, which was meant for core- been vicious, it ceuld not ati...a this assignee, who,
pensation, and that the original hind was cancelled ; without any question, received it for a valuable eon.
but, that he considered himself siiil answerable, and sideration.
would take no advantage of the circumstance, Mr. El Ait r, for the borafide creditor", maintained,
whether King should pay back the money or net. that the nature and terms of the deed of trust, pre-
Mr. Bryant's affidavit stated him to have le en eluded the trustees from admitting any claims, in
Agent for Lord Donnegal, in this and other trans- which the valuable consideration was not proved,
actions ; that, by his direetions, he made out De- otherwise the trust would be no proteftion at ail to
bentures to King, for 12,0001 upon his giving uP the Marquis, who, in his thoughtless •
other bon is, which he held ef his Lordship, fur induced to execute ine raiment., wl
36,5001. ; amongst the former, was one for the sum fraudulently or delusively obtained.
of eal,Sool. for Miss Bellamy. That immediete.y could get no satisfeelory account
after this was executed, Mr. King gave a parcel to of what was called an estate ; thous
the Marquis. containing his letters to Miss Bellamy, to he only the leese:sold perhaps
and the bond fur the marriage-contract. He thougln, and of the farm, brood mares, 3te
at that time, the Lady had placed the iltiriOst conti• no better information. He Also
' deuce in Mr. King, and the debenture was made out slid, that this claim upon Crooke's
in the names of Juliana F. Bellamy, and the Hon. chased by Mr. Warrel, ter the sum
Geo. Augustus Butler ; that, at a subsequent time, 'sees.
the Marquis expressed to him his disappointment, at The Loom CHANCELLOR said, se
King's not having paid her the compensation, as the the present instance, the Court had
bond was given for her use and benefit. These, the with the consideration ; but, as it 7
Learned Counsel said, were the grounds upon which whole of the trammel' in was not.
this claim rested. l'he question was, Whether the been, sifted to the bottom, he ordered
Marquis of Donnegal had ever given this bond? and be referred back to tha Master,
if so, whether his Client had ever been satisfied for report.
it ? These, he thought, could admit of no atgu- BLORAIi real °Timm.. TH4
meat; though he could not produce either the bond DUNNEUA L.
or his Lordship's letters, as they were delivered up In this case it appeared, that the .
to him by Mr. King, and consequently cancelled. had edvenced large sums of money,
He, therefore, submitted. that the Marquis was of bends given by the Marquis -
of •

• LAV AtkititEscE.

still indebted to her in this compensation or 2,5001.
which was all she now demanded ; and for which
King could never be admitted a creditor, as he never
gave any consideration for it.
Mr. HART, for the creditors, contended, that it
was contrary to the praelice of the Court to make a
decree in favonr of this demand, in the absence of
the Marquis of Dennegal, who was not now in this
country, and of Mr. King, who was the other
party. It was evident. that Mr. King was the
Agent and Trustee for the Lady in the whole trans.
anion. The Marquis was a young nobleman, of
one of the most splendid fortunes and distinguished
families in the kingdom ; and there was nothing to
:hew that the Lsdy was of a rank, e1:141441,T, or
fortune. that could entitle her to such a match as was
contrafted for in Mr. King's closet, without any
other witnesses. Miss Bellamy, at that time, bound
herself in a penalty of 40,0001. to perform a condi-
tion, which, had she refused to do, there could be
no danger of her ever paying. The confidenze she
placed in Mr. King was evide,,t, by her making
him a trustee, and entrusting the bond to his cus-
tody; and he trusted that his Lordship would not
encumhet the lawful creditors with the payment of
such a demand as this, and especially, as, if the
Lady found herself injured in this breach of pro-
mise, she had the other Courts open to redress
her.
Mr. Row r t.t.v readied, that if the objeCtions to this
demand should he deemed valid, they must equally
apply to all the other debts contraCted by this in-
considerate Nobleman, under similar circumstances;
and consequently to those very creditors, in whose
behalf Mr. lint had opposed it. Though that
Nobleman was represented as having a splendid for-

2y
Mr. May, his father-in-law.
trust had been executed, some di,
fore the. Master in the admission
Marquis and Mr. May gave them .
fur the debt. and the question was, whether the
trustees were not precluded from the payment of
the first security to the Plaintiffs, by thee having ac- 4
cepted of a second ?
The Loan Cuartcrt.t.oe observed, that the terms
of the trust deed must determine whether it pre-
cluded the trustees from the payment of bonds to
panics who should accept of ocher securities. There-
fore, before he made any decision on the case, be
must inquire farther of the Master.
1-
—eme.-- # tt,-- et
COURT OF KING's BENCH. Wearasimeas, ?UV 13.
EFtIt.,LES.
Jame, Atuocl, Jihu Sahh, and Henry Rickets, I
were brought up to receive the Judgment of the
Court, for a riot in the town of Te wkesbury.
These defendants, together with one Wawa
Mar(is, were indified for creating a mob, and car-
rying the effigies of two men of tire names of liaw-
kids and klolland, who were turveyor, of tazes,
through the streets and highways of the town of :
Tewkesbury, tending, to breed a riot. and disturb --,
the j)eaer, &c. They were tried at the hat .rashes .'
of trloucester. before Lord EL teseoaoccu, when
the above three Defendants were convided, and .-
William Martin acquitted. 11
It appeared from the Learned Judge's notes upon
the trial, that, on the 15th of February last, Manila
was summoned before the assessors of taxes. for a
surcharge of eighteen or twenty window lights, and
I also a surcharge for keeping a male ma vita r to '
1

ties+ moment*, was
;, which had been
fined The Mater
it of the real -alas
iou,th it turned out
tps rat A rack-rent,
Ice. he could obtain 4
1,0 understood, he
e's bo:td, was pur-
;um of elevva gui-
that be thought, in
ad but hole to do
t appeared that the
.111 nought to have
dered that tt should
tar, to review his
sa MAILQO3 Of
the house of Biota=
ney, on the security
of Doitneqal, tar
After the deed of
Vficutty arising Ise-
' of the demand, the
cn a fresh security
Ural th.