The Sun.
London, England, 1811-11-14 00:00:00

tr, nP:Pofir.

couitT OF CIIANCERY, Nov.

VOLUNTARY MARRIAGE sETTLLME rm.
• ruLvitivrorr V. rtFLVIIRTOrT.
new and dittiCtllt tniise was argued:with
groat force by Sir SAMUEL ROMILLY for the [lain,
tiff; and Mr..E.E4cn fur the 'del coda nt. After two
prrvious arguments, fraught with Irgal knowirdge
and equitable discrimination, on a former motion an
injunction was granted, and afterwards d'nsolved on
motion.

The state of the case is, that the defendant hav-
Jog intermarried with his wife in his minority, after
coining of age made a voluntary settlement,.for a
meritorious consideration, of his estates, which are
•yery considerable, upon his wife for her natural
life, and on f,iin elf in remainder; as also to their
issue in succession, with remainder in tee to the
right heirs of the husband and wife in perpetuity.
The wife by her next friend, filed her bill fur an
injutalion against the real or intended conveyance
of her husband of the same estates, thus previously
settled to the uses of his marriage. To this bill the
defendant _filed a demurrer; which was called on
Tor nroment in due course; and natutally eXeited a
great interesi as one of • important value in. it-
sill, as well of vital interest to families and so-.
ciety. .

Vur the4,laitniff it:was contended That this Court
had jurisdiction over I I.I:I4'CASC, notwith,tanding. the
decisions to the contra!), of Lords Hardwick-, 'j'hur-
low, Rosslyn, and the present Lord Chancellor, in-
asmuch there was in th's -case what never had oc.
curred before in any case recited at the ilar, or to be
found on record, namely, that 'a trust was actually
crcatcd by .the settlement to the use of the wife for
:her narural life; and therefore entitled her io tire aid
of this Court, she haviiu in her bill abundant equity
on.divers gro.unds of merits and justice, independent
of forms;

Tile Loan Ctoiricettortobserved, that se tender
were. his feelings-on; this great and difficult cause,
that he would not now fully, give his opinion; al-
though 'made tip,
.on one' of the two leading and
new points which his Lordship was called. upon to
decide according to ids, best judgment. In a day br
Iwo lie shoidd make up his mind on what he tett to
be a serious decision on account of the Many high
authorities which seemed to militate against the jus-
tice and equity of this singular case, oti account,
principally, of the alleged distinctions between the
principles of equity and common I,lw
J udgmen t postponed.

COURT OF. K!NG'S BENCH, No*. it.

SAUNDERSON Ls. BOWES:

The subjeci of 'this action was Country Bank
Notes, and was now before the Court in the shape
of iL special argnment upon a deMurter to the
decla-
ration. The que4tion at issue between the parties
ss as Merely ", whether the holders Of these notes
are not bound lo present them for payment, where
they are made payable upon face'of thcm."
appeared th,itthe house had slopped payment,
and persons having hcir notefi in posssssion, took it
into their heads tn:n they mi4ht present them for
payMenvany u here else, wh:rever the payers fre-
quented or iived, and therefore negleCied to present
them for payment. at the iildee directed upon the
face* enen of 11),.:5e potes.

Lord ELLENZIOKOUGH held that it was a part of
the contract and condition precedent, that the
holders of soch note 3 shoold, primaiiwie, present
them for payment at the place deseribedon the note,
its the place of payment, which failing to do; they
had not itupported their declaration, and the demur-,
ter was, of course, held good,
Judgment fOr plaintiff' in demurrer..

trading- and labouring part of the community,
will learn information from the foregoing decision,
and, in the evemt of holding Country 11.►nk Notes
w bele. (antes 01 the Banking Houses take plifce,
be careful 10 Present then, at such houses fur pip.
went, notwithstanding payment be refused*

NOV EM,BER 13, •
This being the first Crown Day in the:Tertn,-
some cAseg of appeal to thisillart by Writ of Cer-
ti rani were heard, tine toot prominent of which was
one from the. Sessions of the County of Somerset
and the (loci' ion was,' whether the Corpotatinn of
Bath, who are the Proprietors of the Bath Water
Works, for supplying that city with water, should
he at;fiCkiSed to the rates at the-parish wiliest! the re-
Wlrfur f?Lands, or sepal ately and distinaly through
the different parishes in and Ihaough which the ser
venal currents run, by which that iest;rvoir ultimate
ly is supplied,
The AriOliNEV-GENEIO.I„ WILLIAms;',
and :inutile' Gentleman, were heard for the Ccnpo-
taticni,

Mr. Serjeant, Labs., Mr. Artn:',ll:o4 Moottr, and
Mr., liputiett, were neard,on.The other sick.
Lurd EL.I,LIIIIOItOU GU and the other.. Judges spoke
seriatim at very coosidentald leogin, but deterred'
g. vine; their judgment at present.