The Sun.
London, England, 1818-11-28 00:00:00

LADY TEMPEST V. ORD.

Mr. BELL stated, that he had two petitions to
present respecting this case, which had already
been before his honour ; the first was to pray a
-confirmation of the Master's Report 'respecting
the appointment of Mr. Mowbray, as agent to the
infant ; and the second
.prayed to have the ba-
lance declared due to Mr. Mowbray, on account
of some bills relating to the expences of thecol-
lieries, ivhich; he had drawn on his own banking-
-house. This hOuse having afterwards failed, the
estate of the infant, for whose business the bills
were drawn, became liable to the payment of
them, To the first petition, Which prayed the
Court to confirm what the Master had regulated
in respect to Mr. Mowbray, the second --was so
connected, that until the first was arranged the
/second -could not be iii.ard.".* To the first petition
be understood there ;iere some objections to be
made, but he was not aware of their nature.
Mr. HART was of oplaiin, IBA the duty of op-
posing the Mastet's_report ought to- have: fallen
pn the-nearest friend of the infant, but ,as that
friend had not done if, he would on behalf of hi&
client object. There were objections before the
Master on this head, and he was suiprised how
lie got over them. The late Sir Henry Vane
Tempest employed Mr. Mowbray as his agent in
-the collieries, and allowed to him a salary of
3001. per annum, which was afterwards increased
Ihto 5001. to the satisfaction of both. After the.
death of Sir H. V. Tempest, the Court took the
protection of his property, and it was referred to
the Master, to inquire who was a proper person
to superintend the collieries, when it was agreed
Ito appoint Mr. Mowbrsy. It was then suggested
to allow Mr. Mowbray double the suns which he
received from Sir H. V. Tempest, which being
agreed to, it was submitted to the Master, why
i •
5001. more per annum should be allowed. For
his part, he could not see the reasons which
could influence such an appointment, except it was
determined to -prevent---the -infistst-flom growing
too rich during her minority.
I\lr. BELL suggested, that the proper mode of
bringing these, facts before the Court was by
--counter petition.
The VICE CHANCELLOR felt himself obliged to
'consider, that the nearest friend to the infant, as
well as the Master, miglit have thought that this'
practice would be beneficial to the estate of the
infant. The only means of_having the facts con-
sidered by the Court, was 10 petition, by which
they would come-before the Court in a. proper
manner ; -for, not being at present established by
affidavits, the Court could not attend to them.
Mr. HART said, that although the Countess of
Antrim would, by petitioning, subject herself to
the risk of having the costs to pay, he was cer--
tain that the interests of the infant would not be
neglected. - It was objected before the Master,
that Mr. Mowbray could not be allowed an en-
larged salary, at a time when the duties devolving
on him were much decreased. _Before the death
.. of Sir IL V. Tempest, he received the rents of
large estates, unconnected smith the collieries,
which were now received by another person, tin-
der the dittetion of the Court. The present re-
ceiver was [flowed a salary of 6001. per annum,
and by this means the infant was obliged to pay
• 1.6001. per Bottum for what her father paid but
- 500!. ,

The Vice ThANceLcon said, that •this case
ought to be viewed as if the great names which
were connectel with:it *ere not implicated. It
had been referred to the Master to decide what
allowance ought to he made to Mr. Mowbray;
according to hs report 10001. was a sufficient
sum, to which Lady Antrim objected, stating,
that the duties were not increased but diminish-
ed, and of couts(, that the salary should not be-
come greater. 'lbis objection was founded upon
fact ; thewisdomot the Rule was, therefore, evi-
dent, which requited that a counter petition, sub-
stantiating the Nita by affidavit, should be the
course followed insuch cases. The affidavits on
one side could tlen be met by counter affidavits
on the other, and tie Court would be enabled to
form a correct judgnent on the whole.
Mr. HART promitd to, inquire from Lady An-
,trim, provided a fei days delay was allowed, to

consider wliether she would proceed by Pei'
Ile would give an answer as soon is Possibe:lA
The second petition related to matters of ace u d
arising from the bills, which, it WAS (Merl'
could be settled out of Court.