The Sun.
London, England, 1822-11-16 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, NOVEMBER 15.
CONTEMPT OF COURT.-LEES V. AINSWORTH.

Mr. WINGFIELD said he understood Mr. Ainsworth was
now in Court, and attended according to his Lordship's order.
There was an affidavit which stated that Mr. AinsWorth's father
was worth 40,0001., but it did not state that any portion of this
sum was settled upon the defendant, or pl ced at his disposal.
Mr. HEALD appeared for Mr. Ainsworth. His Lordship
must perceive that there was no contempt at all here.
The LORDCHANCELL on—So far from that, I am of opinion
that it is a very gross contempt. The case is neither more nor
less than this—The defendant was guilty of clandestinely mar-
rying, that is, going to Scotland to marry a ward of this Court,
He did not know that she was a ward, but the purpose of his
going to Scotland was to marry her before she could be made a
ward, learning that she_was about to be made one. What sig-
nifies his offer to make a settlement upon her, unless he
tell me what he has to settle upon her ? It turns out now
that he has nothing, and I thought it would so turn out. I
must inform your client, Mr. Heald, that 1 will not be so
treated. Mt. Wakefield stated his case formerly, and here he
appears by another Counsel to argue it over again.
Mr. PEPYS.—Mr. Wakefield stated the whole case on a
former day.
Mr. WTAKEFIELD said, he had not read the whole of his
affidavits.

The LORD CHAN CE L 1:0 It-Mr. Wingfield read affidavits
to me which were not contradicted. I think it was an imperti-
nent observation to make, to say that he was ready to make a
settlement. I asked whether he had any property to make a
settlement, and neither his Counsel nor I could obtain any
answer.

Mr. HEALD wished to explain that he had been engaged to
be Counsel in this case, but had not been able to read his brief
till last night.
The LORD CDAxcELLott—I now understand that he has
no property, and had no authority from his father to settle any
thing upon his wife.
Mr. HEALD said it was not for him to open the case now.
He allowed that in one sense there was contempt, as his Lord-
ship stated, but Mr. Ainsworth did not know that she was a
ward.

The LORD CHANCELLOR—He went to Scotland to marry
her, because he understood she was about to be made a ward.
11Ir. WAKErtELD.—It was not exactly so. The bans had
been proclaimed, and they were married only on the Wednes-
day before the Monday when the proclamation of bans would
have been completed.
The Loup CuAticEr.r.ort.—l am glad you have mentioned
that circumstance. I wish to see the affidavits required to be
made by the late act.
Mr. HEALD said they would be handed to his Lordship ;
but hoped they would not be accused of not understanding
that act.

The LOUD CHANCELLOR.—This girl had 8001. a year in
land, and a very considerable money property.
Mr. ITEALD.--Mr. Ainsworth was long acquainted with the
family. Her brother was married to his sister.
The Lo ILD CHANCELLOR.—I should be happy to hear you,
Mr. Heald, but the case is very plain. It is a contempt ; but
I don't say that it ought to be visited with severity. But the
one party had very considerable property, and the other no-
thing. The Court will, therefore, take care how her fortune is
secured. I remember a case in Lancaster, when the Judge
found great fault with me. I was enaged as counsel in an ac-
tion of damages. I was told on the over night, that if the jury
would give large damages, the defendant's father would come
down with a large fortune rather than see his son sent to gaol.
The jury gave large damages, and the father gave a consider-
able fortune. The parties were married in consequence. I
have no objection to let the case stand over till this day week.
But if the whole fortune be on her part, I shall take care that
he shall not touch one farthing of it. If the 40,0001. gentle-
man come forward, it may enable me to make a settlement
that will be more for their happiness than I can otherwise
make.

Mr. HEALD said he heard Mr. Ainsworth say he would
settle every single shilling on her.
The LORD CHANCELLOR.—He must do more than that, or
I shall take care that if she should die, he shall not touch one
farthing.
. Mr. HEALD.—IIis father had eight children, and this was
one of the youngest. He could not, therefore, settle much
upon this son.
The LORD CHANCELLOR.—That is not a reason for making
this girl excuse him from doing any thing. Let it stand over
till this day week.