The Sun.
London, England, 1816-11-11 00:00:00

FAMILY PLATE

LOUISA, 84'RONESS DOWAGER PONI9NISY versus
DAWSON, SMITH, ASPREY, and Boot* kONSONHY•

. .
Iklr.'Matrrtsi moved the Court on the behalf of
the plaitatitf, that an injunetinn be tftseed, re-
straining the defendant from crating, defacing,
destroying, or selling the coutents of • several
boxes of plates, bad come into their pos-
session, and which were the property of the plain
tiff. The following were the circumstances under
which this application was (nage, as stated to the
affidavits *of Mesors: Richards and Clarke, who-
are ' Attornies to the plaintiff. In 1805, the
late 'Lord Ponsonby • died, having prev4rUsly
bequeathed all his silver plate, pictures, and
other valuable property, to Louisa Baroness Dow-
ager Ponsonby, for her life, and, after her death,
to, his son. Lady Ponsonby, on the death of her
husband, took possession of the property so be-
simulated, but as site chose to reside in 'lreland,
and did not, wish to take it With her, she permit-
ted her son to enjoy the use of the plate, reserv-
ing to herself the right,of possession when she
might think 'proper, Lord Ponsonby bad since
gone abroad, but previous to his (pitting the coun-
try, he sent the plate for safe custody to Elam.;
mersley.V, the batdiers. There were same ar-
ticles of plate, his own private property, in-
cluded in the boxes, but that to which the
hid claim was particularly described in
the bill filed by her in that Court, It war
of, great value, not alone intrinsically, but
some of the workmanship tirais very antient,• and,
of peenliar excellence. After it had been depo-
sited with Ilatmuersley and Co. and subsequent to
the. .departere of Lord l'onsonby, Who way at
Genoa,- the defeinlaiit Dawson entered up judg-
(trent against his Lordship, 'and iseued a writ of
Yieri fig as on thief' tielstorktit; on the 28th of lust
August. Ile then' proceeded to take the plate in
exCeurion, and in short, took the unusual course of
advertising the sale of the whole in one lot. Of
this pro.ceedin,.; the plaintiff was
.entirely ignorant'
until the month nt Octobcr last, when Messrs. Hi-
'chards ant: Clarke received a let ter from Lora Pon-
souby, dated Genoa, stating to them where the plate
was deposited ; adding, that that which bore his
arrits(heing married) was his particular property, but
that the rest Was family plate„ and the property
.of his Mother, . These Lord Ponsonby_ilesired
Messrs. Richards. and Clarke to separate for fa-
mily reasons. When, in consequence of the
letter, Messrtillichards and Clarke went to thou-
merley's, they fOr the time discovered
the course taken by Mr. 12awsiin. These, Gen.'
denten, of course, lost no time in advertising
Mr. = DaWson, that part of the plate seized.
der the execution, bad been devised by will to
the l'Aaintiff.!ild was her 111.013erY.! ?Pity,iurther
pledged themselves nitt to lay Claim to any Oflthe
proFelly Which they. 'could hot purer: to hetlo,.'.
specific property of
,Lady ritoscitlby, In defiance
of this notice, however, Mr..Da wino gave in-
structions to the auctioneer to sell, and he ac.
cortiliody proceeded in the, sale and actually soh'
the plate to Messrs. Smith-and Asprey, who are
silversmiths. Notice rvas also given to, th'eni of
the title of the plaintiff to the plate, but this
was also disregarded., Under these circuth-,
stances, unless the Court interfered, Mr. Mar.
tie subcnitted, that just. apprehen'sitins might be
entertained, that Messrs. Smith arid Asprey would
proceed to sell, deface, pr melt the plate, sir (Vat
it could not bttgetigniied by the oWner ; he trust-'
ed, therefore; the Conn would concur in granting
the ininn4tion for .witich he had moved, until the
bill whieh had been filed by the 'plaintiff had been
heard. There were many precedent's in loitit ;'
among others the case of the silver altar of the
Duke of soniehet, .atid, recent case, the box
Of a Elei)efit'clmb. *
THomPsoN, under; the circumstances,
thought -the application reasonable, ,and therefore
granted the inpinetion.