The Sun.
London, England, 1827-02-07 00:00:00

IN THE MATTER OF SIR GREGORY PAGE TURNER, A LUNATIC.

,Mr. Rumuntonit presented a petition on behalf of the Com-
mittees of this unfortunate gentleman, which prayed, that the
Court would order the Master' to enquire and state, whether it
would be fit and proper, that any, and what timber should be cut,
or. any and what part of the lunatic's estates to be applied-to the
purposes stated-in the petition. Those purposes principally were,
the repairs of different parts of the estates. The lunatic had had
the peculiar feeling of never allowing the tenants to cut any
timber, which had occasioned many parts of his estates to have
got into a very dilapidated state. The petition likewise prayed,
that the Committees might be at liberty to cut and apply the
timber, as the Master might report.

The LORD CHANCELLOR referred' it' to the Master, directing
the Report to be submitted to the Court before further steps were
taken.

EX-PARTE COT.LIER AND ANOTHER, IN THE /LATTER OF SIR GRE•

GORY P. TURNER, ♦ LUNATIC.

Mr. WHITMARSII said, he was instructed to present this peti-
tibu on behalf of the Solicitors who had opposed the traverse ; it
was not opposed, and prayed that the bill of costs of those Gentle-
men might be referred to the Master to be taxed, and then paid by
'the Committees.

His LORDSHIP saw no reason why this petition should be
brought on, on any day but ou thelnular lunatic petition day,
and therefore he directed i to4taed over till then.

FRENCH AND ENGLISH GOVERNMENT CONVENTION.

HILL V. HIEAILDON.

His LORDSHIP stated that this came before him by way of ap-
peal. The Vice-Chancellor's judgment was, that the Court had no
jurisdiction ; that the property in question, passed by the Convention
made between the Governments of the two countries, and the Act of
Parliament,and that therefore the claimant was bound to claim under
that convention, and Act of Parliament. It had been very strongly
argued, upon the appeal, by the Attorney-General, that notwith-
standing the Convention and Act of Parliament, the Court had
jurisdiction ; and his Lordship now confessed his own opinion to
be, that with respect to the Convention and Act of Parliament
they meant no more than that the decision of the Commissioners
should be conclusive between the two Countries ; and that the
demand of the individual who had a judgment of the Com-
missioners in his favor, in compliance with that demand,
if the individual was an English subject would be a discharge
of the Government of France, but with what equities the person
receiving the money under the adjudication of the commissioners
could be effected, had not been touched upon at all, either by
the Act of Parliament, or the convention. This being so,
the next important question was, whether under the cir-
cumstances of this case, where a claim had been made
adversely, and the Commissionera had decided in favour of the
claimant, the Court could take the fund, or any part of it, out
of the individual's
shands ? As the Court was opinion neither
the convention nor the Act of Parliament prevented the Court
exercising a jurisdiction, it was open to hear the plaintiff's title
argued, and it would do so at any time the Gentlemen at the Bar
chose to name. They are to inform his Lordship on the last day
of Term. when that time will be.'-

ARCHES COURT.
(Before Sir J. NicHoLL.)

THE EARL OF PORTSMOUTH, BY HIS COMMITTEE V. THE COUH•

TESS OF PORTSMOUTH.

Dr. JENNER stated, that this was a suit brought by direction
of the Lord Chancellor, to annul a marriage made between the
Earl of Portsmouth. and Mary Ann Hanson, falsely calling
herself the Countess of Portsmouth. A libel was entered
on the part of Lord Portsmouth, to which Lady Ports-
mouth put in an answer, and upon having her bill of costa taxed,
she applied to the Court in the usual manner for a monition to
oblige Lord Portsmouth to pay the bill. This monition was not
complied with, and it was stated that Mr. Fellowes had no power
over the property of Lord Portsmouth, nor held any funds out of
which the costs of Lady P. could be paid. The usual course
under such circumstances was -to pronounce Mr. Fellowes in con-
tempt, or at least to stop the proceedings until Lady Portsmouth's
costs were paid, but the Judge of the Consistory Court having de-
clined to take this step, an appeal was now made to the Arches
Court, and the Learned Counsel submitted that there were no
grounds for departing from the general practice in this case, but
that Mr. Fellowes should be declared in contempt, or the proceed-
ings stopped until Lady Portsmouth's costs were secured. Dr.
Dodson followed at the same side.

Dr. LUSHINCTON contra contended that Mr. Fellowes had no
power to pay Lady Portsmouth's costs, as he was appointed by
the Lord Chancellor, and was bound to apply the funds arising
out of Lord Portsmouth's property to other purposes. He there-
fore submitted, that the best course of proceeding would be to
suffer the suit to proceed on the part of Lord Portsmouth, with
the expectation, that during the process, the property might yield
sufficient to pay the costs of both parties.
Sir J. NICIIOLL pronounced for the appeal, and ordered that the
proceedings should be suspended until Lady Portsmouth's bill of
costs was paid.

COURT OF EXCHEQUER.

THE ICING V. SIR R. BENINGFIELD.

The ATTORNEY-GENERAL rose to 'show cause against a rule
which had been.obtained by 1114 Gollingwood, for the purpose of
reducing the land-tax upon the estate of Sir R, Beningfield from
Bs. to 4s. in the pound. The latter gentle Man was a Roman Ca-
tholic; and by an old Act of Parliament, being the 3Sth Geo.
111. ch. 5, sec. 116, a double assessment was to be made' on
non-jurors' estates, to be assessed on the rack-rent then produced.
That was the last land-tax Act, beforeit was' made • perpetual by
the 88 Geo. 111. ch. 60, passed in the /3am'e• year. To remedy
some defects, another Act was passed :in 1798, which enacted,
that alI -compositions must have been, made,by the 29th Sept.
in that year, -and which enabled the Barons of Exchequer to give
a certificate to that effect, if application was made before that
period to the Commissioners. The Attorney •General then stated,

hat be should make three objections ; the first would be, as to the

jurisdiction of the Barons, the certificate not having been obtained
before the given time. Secondly, that the circumstances atten-
ding the assessment under which the parish of Oxbourg, Sir B.
Benningfield's property had been assessed, were not such as would
entitle him to the relief of redemption allowed by the last Act ;
and thirdly, that the complainant had not obtained, within the
time specified, the certificate upon which this rule had been
granted. The Learned Counsel then argued at considerable length
on the above points., and contended that. the relief prayed for,
could not be now allowed.

Mr. SOLICITOR-GENERAL followed on the same side, and
observed, that by the showing of the plaintiff; he had paid the
tax of Bs. in the pound from the reign of William and Mary, upon
the ♦alue of the laud then, and according to the increased value of
the property be conceived that he was paying less instead of more
than the correct assessment. It was strange that the defendant
had slept so long under the assessment, which he never appealed
against. Nothing but the conviction of its correctness could ac-
count for such supineness.
Some observations being made by the COURT upon the certifi-
cate which defendant had obtained,: it was . discovered, that
the sum assessed had not been inserted merely, but the
fact of the defendant being doubly assessed was named; and after
some further discussion, this informality was deemed fatal by the
Court, and consequently the rule refused.
CoLubrawoon, for the defendant, then stated, that he
should bring the question into Court again, next Term, with an
emended certificate.