The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-27 00:00:00

r

LAW INTELLIGENCE.

TUESDAY, J•NUARY 26.

COURT OF CHANCERY, Wmmisnra,

The Lotto CBANCEI.I.oR ut i, his private room.
LADY EMILY VANE TEMPEST, OR AAA, and a
Ward of Court, by her next friend. H. A. TAY-
LOR, Elq. M.P. P. LORD STEWART. the COUN-

TESs ANTRisi, ORDE, rind oTHIRS.
Thr Somettoß-Cee ERA'. stated, that this was
the applicetion of Loorol Stew :trl, proui 1004 that Mrs.
Taylor, one of the tratamentary guardieits of the
infant, should forthwith lodge MI appeal in the
House of Lorchragiont the decision of his Lord-
ship. It was not necessary for him to state the
facts of the case. His Lordship would recollect,
that when thus case first came before him, it was
oil the petition of Lord Stewart, making a proposal
fir the infont in marriage ; which was tort by the
petition of Mrs. Taylor, in opposition to the mo-
tion. A fterearde the Countess of Antrim, the
aloother, o;rod other testamentary guardians of the
ii.f.srit, presented a petition, praying that the mar.
rile proposed by Lord Stewart should be con-
filmed. Ili. Lordship referred it to the Master to
consider and report, whether it was or was not a
proper marriage for the infant. TN. Master report-
ed that it was a proper marriage. lb. Lordship, af-
ter !warring counsel, confirmed the Master's report
in Joie la.t, but on his brit:;; informed that Nlrs.
Tailor intruded to appeal from Ilia Lordship's
Judgmeet to the House of Lords, his Lordship di-
rected that the parties should be enjoined from
insoriage mud the decision of their Lordships
was known. That the petition of appeal had tint
been monk to the House of Peers, and lii• Noble
iCoient, as it was natural for him, was aiixions that
the question should be deternioned. It was known
from the multiplicity of lousiness the House of
Lords hail to get through by way of appeals, that if
the present petition of 'weal was not resented at the
niost ark. 'opportunity, two Sessions might occur
without its being heard and decided oti, and the in-
fant, who was then 19 years of age, would not want the
note' fruiter of his Lordship or of the llou.e of
Lords, as she would he of full age, and could enter
Otto what marriage contract she thought proper.—
The intention of the present application was,
that if the appeal was not prosecuted, that
so much of his Lordship's order of July might
lie discharged as related to the appeal. Ills
Learned I: nieuds, Sir Arthur Piggott and hl r.
Horne, sere Counsel with bine but he understood
it wi.s not their intention to enter further into
the circumstances of the case, if not obliged by
what opposition was made to his 'notion. Ile also
iiroderstood Mr. Abercrutnby held a brief for Mrs.
Taylor.
Mr. ASERCISOMBY said, lie appeared as Counsel
fir Mrs. Tajlur, but lie was at a loss to know the
intailieg of the present application. The notice of
motion was served on the 21st of January, and it
etas wt II known to every person acquainted with
pal hamentare lousiness, that the House of Lords,
tier its terse sitting, ellowed fourteen days fur the
presenting of petitions of appeal.
Sir A winos Ptoeorr said, that the meaning
of the application was, that there should be no oil-
necessary delay in the appeal presented—it
was not an ordinary case, it %satires o f extreme de-
licacy, and it was the duty of Isis noble Client that
there bill/11111 net be any lark if urgency on his
von in forwarding it in that sl ape winch it could
only he How decided on. Ile .:ould not ask for any
order (hat the petition of r ppeal should be pre-
sented before the fourteen days, according to the re-
gidatiors of the House of Lords ; but his Noble
Client wished for en assurance that ik should be
presented iu the fourteen slays. He now trusted
that his Learned Friend (Mr. Abercrumby) under-
stood the motive of the application.
Mr. HoRNE, on the same side, said it was un-
necessary for him to add any thing to what had been
said by his Learned Friends.
Mr. lIART said he was Counsel for the Countess
of Ammo, the mother, and one of the testamentary
gliarthana of the infant, and his Noble Client could
not see the motive of suspending the appeal over
the heads of the parties.
Mr. A DERCROMBY observed he had heard nothing
that should change his first opinion that this appli-
cation was unnecessary. There was tin reason to
suppose that Mrs. Taylor did not intend to present
her petition of appeal within the time allowed by
the (louse of Lords. But if it'W443 any satisfaction
to his Learned Friends, he would assure them it
was the intention of his Client to preform the appeal
in the time limited, and to prosecute it with vigour.
It was unnecessary for him to say any thing more
than that he was sure his Lordship would dismiss
the application.
The LORD CHANCELLOR-4' The Standing Or-
der of the House of Lords is, that all appeals shall
be lodged within fourteen days after the com-
mencement of the Session, hut that time is enlarged,
particularly in cases of appeals Irons Ireland and
Scotland. I cannot see how ally order of mine
could make Mrs. Taylor declare whether she intend-
ed to present her petition of Nimrod within four-
teen d iys or not, fur if she did not, on a pro-
per application to the House of Lords, their
Lordships would grant her further time, but if she
neglected to du this on an application to me, I
trust I would make a proper order; but the pre-
sent applicatiou is premature, sod of coarse I dis-
miss it. It is well k lova to, that an appellant may
:repeal to the I liouae of Lords five years after the
decision of the Court below, hut it is for the party
appealing to consider whether it will be of ally
-avail: so with a pauper who has been well whipped
by the order of the Magistrates, he may appeul to
the Quarter Sessions afterwards against the cotivic-
ikon, but it is fur him to consider whether it will
remove the stripes he, has received."
Mr. ABERCRoSiDy—I, I hope your Lordship
will diaini.s the motion' with costs."

.The I.oau CH•NCEI.t.OQ—" In such a ease as
this, I tlnuk the less that is said about costs the
better."—Applicaison dismiued.

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