The British Press; or, Morning Literary Advertiser.
London, England, 1821-08-07 00:00:00

LAW INTELLMENCE.

COURT OP CHANCERY, LINCOLN', INS,
MONDAY, MAIM 6.

*ME HON. NEWTON FELLOWES 1). THE EARL OF
PORISMOUTU AND JOHN HANSON, ESQ. UNE 0/
the Trustees of the Portsmouth Estates.
The LORD CHANCELLOR-46 In this mutter or
Lnrd Portsmouth, I doubt whether I can appoint
H receiver • but if 'nu will hand me up the two
h;l1s in the enure, I will make some special order

that will compel the trustees to act couttary to the
way they have hitherto done."
Mr. HART raid he held in his hand a letter Irian
Mr. Jostler Beet, directed to Mr. Feliowes, in
which he stated that lie was of opinion the appoint-
jog of a receiver was the only means of saving the
edates.
TRISLOVF. Meted that the letter continued
to state, that the Learited Judge did not coosider
himself as a trustee, as he had not been regularly
appointed, and never had accepted of the trust.
The LORD CHANCVLI.OR—" WIWI' I have read
the hills I will inform you what I will tin. This
least deed .must be considered valid unlit it is set
:mile, if it ever can. This Court will set aside a
commission of lunacy. on its being shewii that the
litisacy sin longer rxevts, but that is no reason that.
tt will set aside a trust deed voluntarily executed
ley a imaty, which puts liiistslf by it iii s e. •lar
situation as if a rotionissivn of lunacy was in force
ag.iinst loin. Let my decision be what it may. I
will take care that Lord Portsmouth shall nut sue
by a .olicitor who is also a trustee."
Judgment pust potted.

VICE-CHANCELLOR'S COURT, I.Dicotn'a
SATURDAY, Atinuag 4.
THE MARQUIS OF DONEGAL. V. ANSA NAT,
F 41.41R1AY C &LUNG IiLItS6I.F THE 711 A RCHION-
FAS OF DON EGA L.
This ass as appliestion on the part of Mr. Arthar
'rli. Aier for a writ of prohibition dirri•teri to the Judge of
the Consiwtorial Otourt or Loudon, eisitraiiiing him from
loin-veiling in I suit of nullity of ensiriaire, in.iiittied by
11, Maulers of Doaegal mealiest the Nlarcliiosirm.
he motion was supported by Mr. tVeilitelteLL, DoCIOOI
I.UsHIVGTOV and DoMION, and Mr. BLARE, principally
opus. th.nir erotinds. lu 179.5 the Marmsi. married Om
111•Iehtouees ; awl from that period sip 0 May Mil au pro.
. . .

seeding Wail instituted i• the Ecclesiastical Courts to try
the validity of that marriage, although it was matter of
',oldie notoriety that doubts respecting it existed from July,
1819. On the 12th of May tart, the Marquis took out • ci-
tation in the Consistorisl Court of London, dire sled to the
Marchioness, in the parieh of St James, Westminster, which
was served upue her on the 1411 i, and on the 18th au •p.
pi-malice was entered on her Ladyship's behalf. On the
heath • libel was exhibit. 4 by the Maiquis against the Mar.
choosiest, on the ground of her miter ity at lbe time of
ler marriage, and no eunsent. She put in a re-posse,
denyitig the minority; and at her prayer a citation is-
sued, and was d upon Mr. Arthur Chieliester,
calling upon hips to appear and see proceedings. To
that citation he appeared under prutest un three grounds:
Id, That he was unduly cited, as he had no interest in
Ihr suit to g.•• the Court jurisdiction over hum. 2d,
That the suit was libel italeal by coltusion between the parties.
And, ?it, That Lady Donegal bad been constantly residiag
iu Ireland for the last four years, out of the local jurisdiction
of the Court. This last ground had been urged fur the
double !melange of showitig that there most be collusion,
when, to a citation served us, the 14th, •n app was
entered on the 18thoililiough the party was residing its Ire-
land, which would lobe, witie be impossible; and also that Mr.
Chirliester writhe avast himself of the want of jurisdiction
iu the Court. '1 lie fact of her residence in Ireland was sworn
to iu the affidavit of Mr. Rohnison ; and not disproved on
the oilier side. The Leonid Judge who presided, how-
ever (Lard Stowell, his Lordship, we regret, has retired
from that fault) decided against Mr. Chiclieetir'a ohjee-
stoup. and he bar appealed to Site Cuing of Arches "priest
that uteri•ion. The principal ground• upon st Idris :11r. Chi-
chester's Counsel contended he had a eight to the prohibition,
were founded on the statute of citations, 23.1 Henry 111.
which prohibited any Judge of an Ecclesiastical Ceuit from
rewarding a citation against persons re►idine out of its locdl
jurisdicitoo, under restain pe allies; in the teeth of which
statute. it was euriteaded, the citation was honied against
Laity Donegal; and although by the 108th cantos, the Judge
was bound down still tighter; it was clear, therefore, that
Lady Doneeal, if she chore ill apply for it, was manifestly en.
4.l:rd to a prohibition, restraining the Court from entertain.
tog the suit. But if she chow to wave that right on her part,
act her waver did not bind Mr. Chichester, and deprive him
of his right to • pioliibitiun, which he evidleutly posseseed; fur
even a mew stranger was entitled to proceed against the
udge,tonler the statute, in • qui tuns action, and Jilride the
proally between the King and himself. His Honour, there.
fore. It was hoped, would grant the prohibition. if it were o•ly
COW the cornown law cousin should sit, to try the questiuu
wore solemnly, if a doubt existed upon it.
The application was resisted by Drs. PIIILLIMORZ and
ADAI3IS, Messrs. RI.AR► and STYPHENS, nu behalf of the
blac:liioness ; and by Mr Raid., on the part of Lord Do-
urge,. 'they contended that the object of the other party
was delay, with a view to deprive them of the benefit of the
testimony of two material witnesses in support of the mar-
riser, tune 82, mid the other 88 years of age, who might in
all probability die in the mean time. The Marchioness was
plated in a situation of cinch difficulty, when, after having
been twenty.four years the wedded wife of the 81aiquis of
Donegal, and the mother of seven children, it was at-
tempted to deprive her ocher mak and situation iu society.
This was a desperate attempt to overturn the judgeneut of
Lord Stowell, although iu pw•onuciog it his Lordship de-
clared that the stream of authorities flowed in their favour.
It Was then argued that the Marrhioaess having appeared
to the jitrisdietium hail waived he•r right of objection •rising
from her residence out of the limits of the Court's jurisdic-
tion. She being, therefore, precluded, it was not fur Mr.
Chicheatcr, who lived within the local jurisdiction, and who
wail only lefties iniervettiens, and in no way iucnu-
•eoieurs il, tr. make the objection. The statute of Henry 111.
was nit rely • remedial statute; and if the principal party
who alone, in consequence of residence out of the
juruedition, could derive a hesseflt front it, chose to waive '
that advantage, mid submit to the authority of the '
Court. there was no reason why a voluntary or even
a compulsory lutes , who aas consinoraut
In the local jurisdiction, should he placed in a diffiaent
situation front the principal. Upon these attd sonic vitae
grounds, which our limits sill not permit us to eater low,
Counsel insisted that the probibiti 4444 ought to he reform'.
The witnesses for the Marchioncw were advanced in life,
and must immiut .at h. her. She only wanted to secure their
fcsiCwony; she did not wish to preclude the other party from
and cross ritawal•wog them. by his Humour's re-
fired of this applicat sun uu injury c.-alit be dune to the one
poste ; whilst, by ',treeing to it, the deepest misty might
ter iitHicted on the other.
After a very powerful and eloquent speech frum Mr.
'W ern en FEL its reply,
The Vier C ttttt tt LOR pronounced his derision. Having
stated she proceedings in the rare, stead the facts applying to
the pviot iu que.tiost, and adverted to the authorities cited
on loan tides, his Ilisuour decided, that though the Mar-
'rheum...4 of Donegal is describrd in the Citation as resident
sea tl a pariah of Rt. James, Westminster, at which time she
was living i• !relabel. yet her Ladyship basamt pleaded, she
lied concluded herself, sad could •ot ietile from the junwhe-
lion ; sad as the Wirer's' of Mr.Chichester could nut be pre.
jusliced by the proceedings being Undiluted in Li... lion. but.on
the contrary, it might lie a great cusveutence to him to have
t►w,.e interests fried there, in preference to Ireland, his Ho.
•uto confining himself to these two points, was of uptultro,