The British Press; or, Morning Literary Advertiser.
London, England, 1822-06-27 00:00:00

MARRIAGE ACT AMENDMENT RILL.

Lord ELLENBOROUGH norm d the Order of the Day
to he read fur brining up the Report of the Committee ou the
alit-ve 8.11 ; which being done—
Toe LORD CHANCELLOR rose and amid, a to the
prospective amendment is the proposed Bill of the Art •f
Gee. 11. it sunlit have ■ great effect on the law of Mar-
riages, for lie was of °pillion that when Ibey•were once
solemnized they ought not to be a+::utled; at presest as they
stood, if marriages were outland void at law, Courts of Jos-
tier were ',Wig"' to declare them an. What he objected to
wa•. that they were called on to legislate retrospectively,
and to enact that all marriages wero good room 1752 up
to Inn. This certainly hid nothing In do with the firia
part ..f the Bill, and if it formed any part of it, he
would take rare not to be a party to it, as it would be a pre.
ceitent for f•t•re Bills Ming henught In whir" an ImPeoPeer,
be would rather eurrect the expression by saying as in.-gular
marriage had *akin place. By the Act of the 261 b Geo. 111.
It was enacted, th►t the ronsetit of • person who
was homes to the world es the father of a person •o.
.ter age, was requisite to make his or Mr naarrisge legal;
and in ca.. of im father being deceased. then of the guar.
die•, or of the mothe► oninairied 4 anti to ease stone of those
existed, then by • guatataar appointed by the Court of Chau.

Lord ELLENBOROUGH said, when he considered the
high character and abilities of the Noble and Leaned Lord
who had just addressed the House, he must feel the greatest
diffidence at expreasl■g any opinion, different from his. Tba
anxiety he had fell was considerably d,m•n,ahed sines he Md
heard the Noble and Learned Lord. He had thought that
though he could not see in the Bill n..y mischiefs of magrai.
•inde sufficient to indoor.. their Lordship, to decline passing
the DM, still be feared the acuteness of the Noble and
Learned Lard might bare discovered mischiefs which had
escaped hint. It was with pleasure he heard that eves the
Noble and Learned Lord approved the I...pastime that mar-
riage, once solemnised shoula in future be unimpeachable,
■nd having once armed to that principle, bow could the
House refine the clause which wool., render marriages valid
in future 1 In the Aets passed iu 1801 sail HMS, ne ob-
jection was taken by the Noble and Learned Lard as to
property, though there was no pros isiOu at ail is thew Lets
relative thereto, though unw be entertained the greatom ap-
prehension for it, Red in the Hill property in prism-alio.
was carefully guarded. There war lint one Petition pretreated
against ibis measure, and that did not state that thereat-trio%
had been sold; so that be thought it clear that their Lord-
ships might legislate o■ this subject without fearing its
edicts on property. In the Marriage Act there were len
possible grounds fur atinulliag a nisei 'age on the part of a
matt, and ten on the part of the woman ; hot their Lo-
ships would would observe, these were all cumulative, so that if a
third marriage were sow to lake place in the same Molly (the
parties bring under age), there would be 120 grounds on
which it might be &Dunned. In fact, all of the 10 possible
eases had ot rutted, and were increasing everyday; se that
so far from legislating for the bappinessof one, and affecting
injuriously thereby, in au equal degree, the hippine as of
others, he believed they would be establtabiag the her.
pines. of all, and diminishing in a very slight degree
Ilse happinese of any. he Noble and Learned lord had
detail. d some imaginary eases of hardship. Undoubtedly
in the operation of any general inia.ure there mast be eases
of eaireme hafliship, lent even the Noble and Learned Lord's
iagennity could sueirest but very few. He (Lord Ellenlie-
rough) was happy to meet his objections nu one point, and
be had prepared a clan:e eh:el.:tog upon the Hit
imouat of the sum fur wheels the reversion had sold.

Lord H A RROVVBY übjt clad to the retrospectite clause as
it stood at present.

The LORD CHANCELLOR thootht it Would he 'wetter
this she prowl-ore should Le put to 10-fote the r. oto of the
Humbe ialten on the retrovective clautum.

I be Earl of LIVERPOOL was in favour of a retrospee.
tire claims., et the • tote time he 11%., deorosis of quaiifyiug
it by providing that it Oswald not sairnd to Amy marriages,
rrapeming the validity of Witch any suit roan now de-
pending.
A conversation ensued as to the mode of potting the
question. ; after which the amem!mrtris wet...adopted, and
the retrospective clause was put sod carried.
The Lad of LIVERPOOL then moved, as an untold-
se, nt, that the retrospective clause should out extend to soy
marriages with respect to the validity.uf which any suit was
at present dependiug.
The Marquis of LANSHOWN was clemirmrs of raying a
few MOW.' iu explanation of the vote he intended to elvr.
He was prepared to go back in the retrospective fearlessly
and luridly to a ceit•in point. The *presume fur the House
was, " where is that point ?" The point, 111 hid opinion, was
where they would create greater or equal evils to Ouse
which they desired to remedy; namely, diurirhenee to actual
posurssion. The rule, therefore, that he was prepared to
guide himself by was, to go back to every case where these
was no actual evjoytuent or possession of property, and he
would respect those, loccause it would he a greater evil 10
dlelOh it. He should therefore vote against the auseudmeat
of the Noble Earl.

The Earl of WESTMORLAND raid there arrow two
claims of Kraut's ois:y who rook! br parties to
those who wiahol to invaltilate the., mareinee., aad thu•e
who, scion' ..n the 1111011 how .arable priorsples, wiyiketi to
combust their martinet, a d these latter itesruus were by

Mr. LITTLETON presented • Petition from a person
named John Morris, • salt-manufacturer, in the 'minty of
Chester, praying fur • total repeal of the Salt Tax. He
thought the Chancellor of the Exchequer ought rather da-
ps tad on the public spirit of the reentry than continue so
obnoxious a tax.—(Hear, bear.)—The Petition was ordered
to to. rotted.
Mr. A BERCROM BY gave notice that he should move
to-morrow for an account of the proceedings in Glasgow, in
a civil suit between Borth". ick mid Alexander; and for a
copy of all Informations, Preeogaitiens, and other documents
in the hands of the lord Advocate and his Deputes, iu
criminal case between the same parties.
Mr. HUM E m wed fur detu's of sums claimed by and paid
In the officers of yeomanry cavalry in the counties of Bed-
ford. Backs, Etwx, mud Devonshire; together wilt all other
expenses for stores and ammunition fur the same corps fur
the year 1821.
Air. J. DAWSON objected exteriorly to allowin: these
return., as they would convey a stigma or slur upon the utll-
revs of those corps, us if they acre distinguished in expense
from Ilse other yeomanry corp., among chum the order saes
gestural. lie stated die treat use they had been of in quell-
an,r riots and aiding the regular force, by doing perwaueut
duty dut lax a part of the sear. _

nfillEitLY .11 ns an offie,r of one of the
corp., that the sloe •uuld be best avoided by yvaotio: the
seclent..

Colouel M QUEEN spoke is praise of the discipline of
the e..ps.
• -

After come further conserastion between Lull! Altburit,
Mr. C. Wyatt, Used Pa!merston, Marquis of Chatitt,s,
G. Bennett, sad Mr. Mwurk. the motion was wstittirawn,
with the u.srhrstaachrig that sufficient information would be
g.Y•rs to explrin the accounts us Ibis subject on the table.
COURT OF CHANCERY.

Mr. M. A. TArit.oe,•-pt rittng to hrin2 Inward
tin, very imisottant aubject, reminded the 1111114 t. that
131 try &sect objection had b-en made to his motion
of list S.:.sion, and olio hr had been requested to
withdraw it by the Noble Margin., who wished lima
to wait till some other information, torn preparing.
tr'"ould l produced to the House. The general
imprratioii of the Howse WAS highly favourable
io his motion, which was lost by a majority of four.
The House wuul I agree with him again, that there
wet irtinething fond:mentally wrong in the Chaii•
eery and high appellant jurisdictions, in regard to
exio.iise and delay. A suit in Chancery was looter-
-1.1411v ruin. The prrlSUre was grrmier or leor, accord •
any; to the pecuniary ability of the stator ; but those
io aHi artery were alone ahie to hold out to Cie end.
The jonsaictiou was now heroine an epprrsaiwi
most grinding in tit nature, mid rillt,oos% to ally
moderate meant. It might be said, if the evil
was an great, why was nut the table oresLUtl wits
and why was he alone bran! to complain
of it ? To that lie was furnished with a reply by •
tile House which agreed to a siutilar mornial;r. Ise
iii 1811. 4111..5gh he was opposed by the
power of the Government. lie would stale one 4;r
Iwo facts in exemplification. wheel) he had with
in.iny others took all the proper intraus to :eistrtsii..,
But lie utast here ()Went!, that Clete juriotiace