The Sun.
London, England, 1834-02-12 00:00:00

BIRKETT V. HIBBERT, ♦ WARD.

Africa.

Mr. PEPYS appeared on behalf of the gentleman who had
married the Ward, and the case came before the Court upon an
objection to the Master's Report. In the first instance the complaint
camebefore his Lordship, that Mr. Reed had married the Ward
without the consent of the Court; both he and his father were
committed; the father was discharged without costs, and he
himself was subsequently liberated upon undertaking to execute
such settlement as the Court should approve of. It was
referred to the Master to approve of a settlement ; and
the question now was, upon the Master's report, whether
the settlement the Master had approved of ought or ought not
to be confirmed. It was such a settlement as had never either
been adopted by the Court before, or approved of by any
Master whatever. Proposals on both sides had been car.
ried, in which in themselves differed but very little, both
concurring that in the event of there being no children
of the marriage, the wife should have the power of
appointment, which of course would give her the opportunity,
should she be so minded of making some provision for her hus-
band. The Master had approved of a settlement, by which, in
the event of their being no children, her interest in her pro_
perty both real and personal, was to be cut down to a
life estate, and that after her decease, the whole should
go over to strangers. The young lady was the only
legitimate child of her father. Her mother was dead, but she
had several brothers and sisters. Her next of kin were entire
strangers to her ; they lived in Yorkshire, and were quite un-
known to her. The master's proposal was, that after
her decease, in the event of no issue, the whole of her pro-
perty should go over to her heirs or next of kin.
This could not fail to strike his Lordship as a
most extraordinary proposition. It was neither more nor less
than taking away from a ward her own independent property,
which no human being had a right to interfere with. In cer.
tain cases the Court had taken every care that the property
should remain under a ward's own control ; but it had never
before been attempted to remove her property entirely from her.
This young lady's property consisted of 7001. a year. The
husband was entirely without property, and his only offence
was having married the ward without his Lordship's consent.

There was no aggravation, nor any improper conduct in the
case beyond the contempt. In the case of Millett r. Rouse, in
7th Vesey, jun. p. 19, an individual married a ward of the age of
14 by license, having previously taken the usual oath ; he was
indicted for perjury, convicted and suffered the punishment of
pillory and iry orisonment, but still, even in that case, the Court,
upon a petition, gave the wife, at her decease, if she thought
praper, the power of appointing in his favour. In " Bathurst
against Murray," F. Vesey, page 74, in "Pearce against
Crookfield," in the sth of Vesey, and in many other cases,
there had been c. spiracles and other highly aggravated cir-
cumstances, yet in none of them had the power of the ulti-
mate disposal of the ward's property been taken from her,
therefore the Learned Counsel submitted the Court would have
to direct some modification of the master's present proposal.
Mr. COLLINS was on the same side. Even in many of the
most aggravated cases, an allowance to the husband had been
permitted out of the wife's fortune.

Mr. RICHARDS was Counsel in support of the report, and on
behalf of the father of the young lady, and had to submit that
the Master had not come to an erroneous conclusion in adopt-
ing such a course as would effectually prevent the husband and
his family from being benefitted by the young lady's property.
Whatever the nature of the settlement might be it was
entirely discretionary with the Court, and this was a case in
which the settlement ought to be of the strictest nature. Mr.
Reed, sen., had induced the plaintiff to remove his daughter
from an establishment in the neighbourhood ofßelgrave-sguare,
and to place her in his (Mr. Reed's) house, where he and his
son concocted the marriage, keeping the lady's father in entire
ignorance of the circumstance.
The Loan CHANCELLOR was not aware of any very aggra.
vated circumstances in this case. Although the settlement was
always discretionary with the Court, yet it appeared no autho-
rity had carried the settlement to the extent now proposed.

Mr. RICHARDS said that the object was to secure the property
to the lady's own use, and afterwards to her own right heirs.
If the Court should feel a hesitation in confirming the report,
the lady's father would not object to its being so far altered as
to give the lady an unlimited power of appointment in any
way except in favour of the husband, or of his immediate family.

The Loan CHANCELLOR considered the proposal went beyond
any thing of the sort that had ever been submitted to the
Court; he would see Master Farrow nn the subject, who had
made the report, and then state his own opinion upon it.

SHIPPING INTELLIGF,NCE-(THIS DAY.)

FROM LLOYD'S.

DEAL, FEB. 11.—Wind W. by S.. moderate.—Remain the
William, for St. Vincents ; the American brig Othello, and
a few others.

PORTSMOUTH, FEB. 11.—Wind N. W. to W.—Sailed the
Ernaad, Gillett, for Madras and Bengal ; and the Upton Castle,
Duggan, for the Cope and Bombay.
PLYMOUTH, FEB. 10.—Wind S.S.W., fresh breezes.
FALMOUTH, FEB. 10.—Wind S.W., strong breezes and
squally.—Put back the Permei, Harris, for the Mauritius.
DOVER, FEB 11.—Arrived off port the Shepherd, Lewesay,
from the Mauritius, sailed on the 11th November; Othello,
Scott, from New York ; and the Harriet, Moyse, from
Limerick.

COWES, FEB. 11.—Arrived the Dolphin, Aden, from Lis.
bon, leaky. . .

BRISTOL, FEB. 11.—Arrived the Englishman, Aysh, from

LIVERPOOL, FEB. Io.—Arrived the Lotus, Watts, from
Natchez; Thetis, Stewart, from Yarmouth, N.S. ; Barrington,
Tate, from Odessa; Calista, Pallot, from Trieste; Lusitania,
Cook, from Oporto; and Iris, Bernard, from Bordeaux. Off
port the Calcutta, Grundy, from Bombay.
NEWRY, FEB. 10.—Arrived the Abby, Tipper, from Sa-
vannah, nearly full of water, bound to Dartmouth.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.

The arrivals of all kinds of grain this week are moderate,
and of Flour fair. The trade for every article remains much
the same as reported on Monday, and the business transacted
is limited. In Flour no variation.

ARRIVALS.
Wheat. Barley. Oats.
English
Irish I 340 410 1,0:20
Foreign l,llO

Flour.
"6 580sacke

PARLIAMENTARY PAPERS.

MONEYS IN THE EXCHEQUER.
EXCHEQUER BILLS, AND EAST INDIA HALF-

PAY.
AN ACCOUNT. ohowing the AMOUNT of MONEYS
in the EXCHEQUER, and remaining to be rec-i•rd
on the 10. h February, 1834, to complete the Aids
granted by Parliament for the Service of the Year
1833 -34. _ _ _

To be Raised.

577,800 0 0

Exchequer Bil's remaining to he issued towards
the Ways and Means, 18X1-4
To be brought from the Consolidated Fund,
per Act 3 William IV., c. 18.
Ditto ditto ditto 3 and 4 William IV., c. 96 6,000,000 0 0
East India Company, per Act 3 Will. IV., c. 1
in the Exchequer 6,3331/
Money paid by Thomas Rippon, on account
of the commissioners for the Issue of Ex.
chequer Bills for Public Works, per Act 3
William IV., c. 1, in the Exchequer 21,0001.

Total to be Raised 6,688.140 11
Total in the Exchequer 27,331 0 0

Total 6,715,471 11 al

11. AN ACCOUNT of ALL EXCHEQUER RILLS
or authorized to be issued, on the Supplies
1834, Unprovided for.
27,752.6501.

111. AN ACCOUNT of ALL EXCHEQUER BILLS
issued between sth Jantriry, 1833. and sth Janu.iry,
1834, under the Acts 5 Geo. IV.. c. 103, 1 and 2
Will. IV., e. 24, and 2 and 3 Will. IV., c. 125,
Unprnyii.d for.
The Amount of Exchequer Bills issued for Building
additional Churches, in the Year ended sth January
1034
Ditto ditto For Carrying on Public Works
and Fisheries, in the Year ended sth January, 1834 384,100
Ditto ditto For giving Relief to Persons
who have sustained Losses in the West Indies, in
the Year ended sth January, 1834

Total £632,050
T. SPRING RICE.
Whitehall, Treasury Chambers, Feb. 10, 1834.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK.

The only arrival this morning is Singapore papers to the 4th
of October, received at the North and South American Coffee-
house.

(From the Singapore Paper of the 3d of October.)
We are happy to observe that the Buges prows are ar-
riving daily in numbers, and the season promises well; the
imports by the native vessels during the week show that a
large quantity of tortoiseshell and other valuable articles of
eastern produce brought by them have come to our markets.
The tortoiseshell is rather inferior to that of last season.
In Java it seems the natives are apparently quiet, but in
reality discontented. Letters from Batavia state, that it is the
intention of the Government to make Batavia, and two mi'es
round it, an intrenchment, which will cost the Government 15
or 16,000,000 of guilders, and ten years' labour.
Accounts from China state that business has been greatly in.
terrupted by the flood from the Canton river.

The delivery of Opium in July is stated to be at 1,220
chests.

By the French mail this morning, accounts from Madrid
state, that Navarre and Biscay are tar from being tranquil.
St. Sebastian, Tolosa, Vittoria, and even Laguna, with Pampc.
luna, are surrounded by insurgents.

THE FUNDS.
Although the Express has arrived from Paris, we are still des.
titute of any information in respect to the acknowledgment of
the Cortes Bonds by the Spanish Government, and the infor-
mation from Madrid is of little importance, or indeed from any
part of the Continent. The Funds continue much in the same
state as they left off' yesterday. Consols, 89 M % for the Ac-
count ; Spanish, 30 to 14 ; Portuguese, 67 M
The French Funds come 75f. 75c. Spanish from Paris, 25 IA
owing to the rise in London. _ _

HALF-PAST ONE.
Consols continue at the same price as in the early part of the
day, 89 14 % for the Account, with little doing.

The foreign prices are much the same as yesterday : Spanish,
30 % ; Portuguese, 66 %67 ; Mexican, 40, which is lower
owing to unfavourable reports from that quarter.
THREE 0' CL 0 CK.

Consols for the Account, 89;
CLOSING PRICES.
Bank Stock 216
3 per Cent. Red B9
3 pet Cent. Cons
31 per Cent.
34 per Ccnt. Red 98
New 3i per Cent......... 97
4 percent 1031
Long. Ann. to expire
Jai, 1880; l7 5-16
Oct 1859•• l7 3-16
Jar.. 1860 l7

—FOUR O'CLOCK
India Stock 249
Ditto Bonds 213 pm
South Sea Stock
Ditto Old Anti
Ditto New Ann. -
Ex. Bills, 10,4../ 47 pm.
Ditto F. O/ 47 inn,
Ditto Small 47 pm
Bank S. for -
Consols for Opg B.9t
India St. for Opg.
FUNDS.

Portuguese, 5 per cent 671
Ditto, Beg. Bonds
Prussian, 5 per cent.
Russian Bonds, 5 per cent losi
1)i t to, Metallic ......
Spanish, 5 per cent 3Ui
Ditto, 182:3 27
French 5 per Cent.... li 6r. 25c
Exchange 2sf 4Uc
French :3 per Cent —t. —c.
Dutch, 1i per cent. soi
Ditto, 5 per cent .. 961

IMPERIAL PARLIAMENT

THIS DAY, WEDNESDAY, FEB. 12.

HOUSE OF COMMONS.

The SPEAKER took the Ch shortly after twelve o'clock.
Lord SANDON brought 11) the R,part of the COIT
mittee on 'h.. Liv,,rpA G •s
Mr. WARBURTON lowed to e rl. the p irticultr atten-
:ion of tl.e Noble Lord (Althorp) to a petition which he
had been requested to present from a gentleman, well
known in the literary world, named Hatchatd. That
gentleman had been beneficially interested in c •rtain funded
-,troperty, which stood in the name of one trustee only.
the late Mr. Henry Fauntleroy. Upon application or
the payment of the dividends upon that stock after
he death of Mr. Fauntleroy, and, upon a request
made to the Bank that a new trustee might be appointed,
chat establishment, in answer to that request, stated that
he prop -rty in which Mr. Hatchard was interested, and
f which Fauntleroy was the sole trustee, in consequence
,f the conviction of F,suntl,roy, had become an escheat to
the crown. As soon as this answer was received, Mr.

Hatchard, the party beneficially interested, applied t
counsel on the subject, and although there was a difference
ot opinion, the tnaj•trity were satisfied Ott the property
teas escheated. Mr. Hatchard was then advised to allow
an inqu,st to he held to ascertain whether the property
had be come escheated or not ; and if that inquest s ould
find that it had been escheated, that he should accept it
hack from the Crown by way grant. An inquest was
held .n some little hole or corner of the St:et,ffs' Court.
and the property was declared to be escheated. On the
parties coming to inquire into the manner in which a grant
was to beobtained of the property back again from the Crown.
upon examining the Stamp Duties Art it was discoveree.
that although it) the grant err real property a duty only
was payable of about 1/ 155., yet chattel property was
liable to an ad valorem duty of five per cent., and in the
present case that duty plane would amount to no less a
sum than between 2001. anti 3(101. All this had taken
place as long ago as the year 1824. On a represen.a-
tion of the hardship of the case having been made to the
Treasury they a.trnitted its hardship, and promised to rectify
the mistake in the Stamp Act, putting chattel property cri
ttte same footing as real. During all that time the pe-
titioner had been waiting for the promised correction. o

the Stamp Act, but they had never yet taken place. The
tenth year bad now arrived, and in case the tenth year
expired without the dividends on the Stock being de-
tnanded, it woul t be transferred as a mutter of c.,urse, to
the Commissioners for the reduction of the
tional Debt. This was one case in which Henry
Fauntleroy was sole trustee of the property. There
w;a an application for a new trustee in the place of
Henry Ftuntleroy. The Bank of E, land, he it recol-
lected, had not stopped the p yinent of the dividem's
which were paid up to the present time ; but in answer
to this application for a new trustee, he would 'cad to
the House what the solicitor to the Bank stated. He
signified the refusal of the Bank to allow the appoint.
went bt a new trustee, inasmuch as Henry Fauntleroy's
interest in the stock was forflred to the Crown. Now the

Bank, by continuing to pay the dividends, had admitted
that the property was not forfeited, but when applic4tion
was made for the insertion of the came of a new trustee,
the answer was, that the property was forfeited. He be-
lieved that, though in the fist case, when Henry Fan:,
tleroy was the sole tru- tee, the 14w was curie, tly laid down,
hut he thought that the interpretation of the law in the
second case, where there were other trustees, was incor-
rect. In common cases, where one of several trustees had
the property vested in the survivors, why the rule shout•,
he different, he (Mr. Warburton) could nut con-
ceive.—( Hear.) The question, then, was, what was
to be done in cases of this kind ? Fortunately for the indi-

vidual in the present case, he was in a state of affluence.
Before an inquest could he held for ascertaining whether
the property had escheated to the Crown he was obliged to
pay 1001. to meet the expenses of the inquest. If the
stock duty amounted to lOW., the whole amount would bt
paid in the way of expenses to recover the stock.
Was it not fit that the House and the courier)
should know the situation in which innocent per.
sons would be placed, if their trustees were found
No de se, or a felon. The title to the real alto
chattel property of the kingdom fir the last sixty years,
to which petiod the rights of the Crown extended, won
he thus escheated. Suppose a tiustee of real propert
should commit suicide, it would he a most hard thing i
the rightful owners were thus to be de; rivet of 'heir pro-
wily. The event of the claims to which this would
give rise was of great importance, and it appeared tti him that
the proper course would be that a Bill should be brough
in, not as a simple remedy given to those who should solicit
a remittance of the Small Stamp Act, but a Bill declaring
that in costs of a trustee—a fair trustee—becoming a felon,
or undergoing a civil death, the property should not be.
ime au escheat to the (.rown, but should vest in trustees
acting beneficially for the parties interested. It was not in
the power of an individual without the consent of the Crown
to introduce such a system ; but if the Noble Lord as
cured him that on the production of such a Bill the fin ma
o jection to it would nut be insisted upon, from the en-
couragement he had received, he wool' undertake to
introduce such a Bill. A Noble Lord, formerly a Judg ,
had promised to superintend such a Bill in the House to
Lords He (Mr. Warburton) hoped that the Noble Lon,
would give hors the assurance, that if such a Bill wens
submitted to the Lords of the Treasury, the pro form.
objection to it would be waved, and that he would b
allowed to introduce it. He believed that he had gone over
all the heads contained in the p•tition; he would only state
that this was not a single case, that there were a great
outoher of individuals with small property who were in
the same situa ;oil, who were w iting the resu tof this
petition, but whose properties were so small that they
could not go to the expenses of a Bill. As then this was
no a solitary case, but affected a great number of inilivi.
duals, be hoped the Noble Lord would throw no impedi-
ments in the way of such a Bill.
Lord ALTHORP said he had not the least hesitation
in saying, that the statements which had ben mad
showed a case of very extreme hardship. With reap, et
to the individual. it was well known to the Hon. Member
that he (Lord Althorp) had the honour and the pleasur
of his acquaintance. The case had not come under hi
noire befiire, otherwise he should have felt it his due,
to take immediate steps tor an inquiry into it, sad
to have redressed the grievance at the earliest ma
ment.—(Hear, hear.) At to the question put to blot
by the Honourable Member, he could only say that hi
would give his advice, and he had little doubt it wool
be acted upon, that no formal obj-ction should be tak•
to the introduction of such a Bill as that spoken of. He
was quite aware that there were many cases of a simila
nature, in some of which the hardship was no doubt tiler,
severe than at present.
Mr. WARBURTON said the ease had been met by the
Noefe Lord in the spirit that he expected from the pre en
Government. He bat. forgot to sac that in s eakinur to th
Steicaor_General that Hon, and Learned Gentleman hal
given him autiotrity to say, that, as an individual, lie
thought such a Bill ought to tie brought in, in order t
meet all similar cases, both past, present, and future.
Mr. SHAWE presented a petition from Lowest off
numerously signed by Protestant Dissenters, praying that
a national registry of births and deaths should he esta
blialied, that they might be allowed to eel, brate marriage
according to their own forms; that they might he relieved
from church rates, and other charges for the celebration
of worship in the Established Church ; and that the Uni-
versities of Oxford and Cambridge might be thrown open
to them. Toe Hon. Gentleman supported all the prayer•
of the petition, a xcept so far as regarded die two Univer-
sities. The Dissenters of Suffolk had lately presented •
petition to Earl Giey, and the statements they then m tde
had been most grossly misrepresented through the medium
of the public press. He bad been requested to correc
that mistake, which he then did, by denying in their nam
that they were at all inimical to the close connexion tha
now exis•ed between Church and State.
Mr. SHEPPERD presented a petition from Fantle to
the same effect.
Mr. BLAMIRE presented a petition from the: parish
of Caldbeck, in the county of Cumberland, complaining of
the vast number of actions that had been brought for th
recovery of tithes daring the list year; complaining of
the vast expense incurred in defending such actions, an
prayinat the interference of tie House. He understood the
case was now under the consideration of the Government,
and that in a very short time they would state their in-
tentions. He trusted they would give satisfaction t•
the country, and if not abate the evil, at ail event,
lessen the expense of the trials. If that answer was not
satisfactory to him, lie should be again under the necessi,y
of troubling the House with the measure which he had
introduced last year.
Sit R. PEEL presented a petition from a person named
Holman, who had for many years acted in the charade,
of assignee, praying that the House would not atiolish im-
prisonment for debt without very mature consideration.
Also one from the minister, churchwardens, an i inha
bitants of the parish of St. Paul's,
Southampton, in which
they stated their firm attachment to the church and its
sure which would weaken its efficiency. He cordialfy
liturgy, and praying the Howe not to sanction any ne-a.
supported the prayer of the petition, but he could not join
in any of the fears expressed therein. The Church of