The Sun.
London, England, 1828-11-19 00:00:00

• '
of MS property to othet persons; that 119 MO Pus
in a plea of poverty. WO
Dr. PHILLIMORE (Counsel for the bus :iti
trusted the Court would not think this a ease„er
which alimony ought to be awarded. ito.l
vainly was one of the most unfortunate
.",-,4,1
that had ever come under its consideration)
cre"nt 1
he would have been happy (and was co d.
his Learned Friend would also) if the case cvre;,-,
have been compromised between the parties, a' fot
commended by the Court when last before It,
~,,t
although the marriage had been declared validt. ?.
Could be no doubt that Mr S. Broivri was atett.d,
in such a manner, arising from nial:le'liiiation; tj .t./;.
parties could not cohabit togeer. Under thesccoi.
cumstances, Mr. Brown had been advised t°..b!,
vey what property he had to trustees, for the rot
tenance of his children by a former wife, a",:mit
Court Would bear in mind that there was an ati'maff
stating that Mis. Brown had an annuity. of 4)1
guineas per annum, which was quite suffieCer
her support. He trusted that the Court wou,Ait„''
think any alimony ought to be allotted in this no,
Sir J. Nicgou. said the Court had decided tlrolt
validity of the marriage, and there could be no ItY
but that the wife was entitled to alimony durit's il ,
tgulAr proceedings in the suit. With respec'ty
Mr. Brown conveying dyer hi§ ptOperty siiild
commencement of the case, for the alleged pairttil
of supporting his children by a former ‘vife;jir
Court could easily understand what was his tto4.
tentien; it was a contrivance to deprive Mrs.-17'LO.
of what she was justly entitled to; but his lot
would be frustrated, for the Court would treat
conveyance as a fraudulent one; and as he ll'diinol.f
mitted the property to be of the value of 3?: 40,
would order him to pay to Mrs. Brown 501. per
during the proceedings in the suit for separatierno' lii
Dr. JENNER trusted a compromise wouldidtr!
take place between the parties, for there 005 if
little doubt but that the principal obstacle 05
moved by the present decision.
The COURT hoped it might have that etteet,
11.131ERTON Y. HADIERTON. . 40
In this case, which was argued at verYteol
length OH the last Court day, Dr. ADAMS was '','
against the divorce prayed for by Major Ham
l
The Learned Counsel admitted, that Mrs. 0' .
been guilty of great misconduct and levity of •
in her acquaintance with Mr. Bushe, but cote
that there was no proof that the act of adulterYliti
actwally been committed, and without poi
proof of that fact, he was not entitled to the r '.° .
I
prayed for.
Dr. LUSHINGTON replied.
Sir JOHN NICIIOLL immediately proneto64ld
judgment. He was of opinion, that although glio.
culpability had been proved on the part of Mrs' 11,
inerton, yet that no act of adultery had been PO'
and the Court felt bound to dismiss the libel. AO
Dr. LL'SIIINGTON begged permission of the
to examine witnes3es at Paris. to;
Sir J. NicnoLL—That I have no objection t
therefore let the matter stand over for the preseil..

COURT OF COMMON PLEAS.

STATUTE OF LIMITATIONS.

Mr. Sergeant MEREWEATHER rose/0 shoo'
against a rule obtained by Mr. Sergeant Adams!i;
changing the venue from London to Warwick, 10
cause, tho name of which was not mentioned.
now opposed the rule, upon the ground that ti',..°llo
fendant had admitted, in a conversation with t,
plaintiff, that his only object, in changing the sTriir
was to postpone the trial until after the firstoltet,
nuary next, at which period Lord Tenterdea !idol
as it is called, would come into operation, and !Alf,
the plaintiff altogether. The Act alluded tog uebtJ
preclude the reception of parole promises for u,
due upwards of six years. tt
The CHIEF JUsTICE.—Does the Act apply
contracts made prior to the Ist of January ? Ids
Sergeant MEREWEATHER.—The Act goes to to
that in actions for debt, no promise will have, i
effect of causing the continuance of a contract 1;0
longer period than six years, unless the sam,e_jr,
be in writing, and the 10th section of the Ad d
rects that it shall come into operation on the firlisi,
January next. The venue was in the present
stance laid in London, and the defendant see ~,01l
change it in order to avoid the reception of his F.:1)11
promises in evidence, which might not be reee"
after January: eig
The CHIEF JUSTICE—Why in London yoo
not have it tried before then.
a_t°
Mr. Justice PARKE—Oh yes; it is a .110
Jury cause, and all events it cannot be tried at
wick before the next Assizes. it Pi
Mr. Sergeant ADAMS submitted, that his ri!:7.4el
changing the venue was absolute, and could 0'
aside only by a substantive motion; but
Mr. Justice PARKE was of a different opinio',lllll
the King's Bench such rules were absolute le to
first instance, but in the Common Pleas ar° 410'
show cause only was granted, and any cause 11/
be shown.
Mr. Sergeant ADAMS said, that a remark 10;:cl
made, that no sooner did the Legislature passiglersJ
of Parliament, than the Courts of Law endeall
to see how tley could defeat it. The cause ° t #ll
tion arose in—Warwick, and would he tried 6004
enormous expense in London, and if the P13e014
chose to deep over his rights for six years, the :40
would surely not assist him by bringing the v"
where it had no business to be tried.

The CHIEF JUSTICE said that he thouP,
venue, in the present instance, ought not ,11
changed. It had been said, that the Courts
were reproached with defeating Acts of Parlindl
but certainly such a reproach was most unfolno
and in the present instance there was no per'
whatever for saying so, for the 'Judges had t
selves led the way to the pessing of the posi,
sent bill, for the purpose of avoiding those 0°
promises which were not to be relied col
which, certainly, only led to continual °off
of perjury. In refusing the present rule, theY
acting in the spirit of the Act of Parliamentt-,%00°
gave time in order that persons might not be vbed
by an ex post facto law. A man might have A tlOl
satisfied with-a parole promise, and postpen'
enforcing of his debt to a distant day, and it 100
be unjust to take at once away from him the volitt
of that promise, which would otherwise be tiotO
though he did not mean by this to say that OS
Tenterden's Act would have that effect, Wel,
question was not before the Court; but Os"
was a doubt upon that subject, the venue our
to be hanged. vat°
Mr .Justce PARKE said that such an obset 4111
as that made by his Learned Brother Adams °IV
not tohe made from the bar. The venue V
have been discharged, had the object of the (18
ant in changing it not been disclosed. • or
Mr. Justice BURROUGII and Mr. Justice Oto fr
thought it would lead to monstrous injustice ' 00$
fuse the rule, which ought only to be set mide jd
substantive motion, and they therefore differed
their Learned Brothers on the Bench. oil'
The CHIEF JUSTICE then suggested that 4'oll
be more satisfactory, as such a difference of °Y o'
existed, to allow time to the defendant to
the plaintiff's affidavit.
The rule was accordingly postponed.

THE MARKETS.--(THIS DAY.)
CORN EXCHANGE. 11
The contrary state of the wind has kept the slig
back, so that there is a very small supply of Grehi eoli',
up, except of Oats from Ireland. The Wheat tradeoo'
tinues dull at the reduction of Monday. Barley 0111)
cluing quality hangs on hand, but the holders zre uovo
to submit to any farther decline in price. Beaolly It
Pease remain as last reported. Oats are held fit°
last quotations. The Flour trade is extremely lleao.
ARRIVALS. Fl°7
Whcat. Barley. Oats. 700
English
Irish l,OlO -- 10,800
....,,,.
Foreign
iy
Miss RICHARDS, the beautiful wife (.44,40901'
law wills it so) of young O'GRAVY, 1$ now is
awaiting the glorious uncertainty of the law.---. 11•
Albion. . .