The Sun.
London, England, 1818-07-16 00:00:00

bettlvnient.

The LORD CHANCELLOR.--Certainly. I can
see nothing to prevent hiin gOing on with that ;
but let it be understood that he does so without

prejudice.
Sir S. ROMILLY at this moment came into
Court, and addressing his Lmdship, said, " I
am, my Lord, desired by Mrs. Taylor to inform
your Lordship most respectfully, that it is her in-
tention forthwith to appeal to the House of
Lords, from the decision now given by your
Lordship."
The LORD CHANCELLOR.—I was just informed
of this, Sir Samuel, before you came into Court,
by Sir A. Pigot. lam particularly glad that you
have adopted this coiirse, because, in a case so
raitiful to me in every point of view as this has
been; I shall have the heartfelt satisfaction of be-.
ing set right by the House of Lords if I ant wrong.
pafant•as the
,consitieration of this case has been
to my own mind, I am happy to ti►i►►k that a su-
perior tribunal will have it ii► their power to re-
view'my judgment, and that any error or inad-
vertency I have been guilty of will be there re-
dressed:, I •lattYte just stated fo Sir Arthur I'igot
Ycloitrshould.be done, anti I do really.think.l am
injustice bot.nd to restrain the marriage in the
mean time. This is the best thin; I can possibly
do for the parties...--Take the order• as I have
mentioned it, and let it be drawn up forthwith.•
SirS. Rommt.Y.—Then this is your Lordship's
opinion.
The LORD CHANCRLLoR.—It is ; and I really
feel 1 must restrain this young Lady from trim y-
log 'Lord Stewart, till the decision of the House
of Lords be known.

Thus the case IS decided, and the marriage pre-
Tent-ed'ffli the Manse of Louis decide it.

MAItRIAGE SETTLEMENT.

IsCNNEDY AND OTHERS V. THE EARL OF CASSILIS

-AND 01.HEI1S.

This was an application to dissolve an injunc-
tion. The facts connected with it were as fol-
low :—Lord Kennedy, the eldest son Of the Earl
of C-Heilk, paid his addresses, towards the latter
end of the year 1813, to Miss Ellen Allardice, a
young lady, at. that time 17 years of age, residing
in Aberdeen, and beirei.s to a very considerable
property-30,0001. in Bank Stock, and landed
estates in Scotland to the amount of between
30001. and 40001. a-year. Lord Kennedy was
then 19 years of age ; and his addresses hav-
ing been encouraged by the young lady, as
%yell as her mother, with whom she lived-, he com-
municated his wishes on the subject to his fattier,
who resided in Loudon. The mother lost no time
in informing Mr. lunies, one of her danghter's
guardians, and he in consequente came to'Lon-
don, for the purpose of making with the Earl of
Cassilis the proper arratigenients previous to the
marriage. The Earl of Cassilis constantly pro-
fessed' that money was no object either with him,-
self or his son. It happened, however, that there
were many-difficulties in the way of a final settle-
ment.- Various sets of propositions were Made by
Lord Cassilis,none of which were agreed to by Mr.
Innies. The last set of propositions made by the,
Earl of Cassilis, declared that Miss Allardice should
:have 10001. a year dui iog the marriage to her sole
and separate use—that if she should survive Lord
Kennedy, this annti.ll shin shotild be increased—
that -her mother's (Mrs. Allardice's) jointure
should be increased from 6001, a year, which it
then Was, to 10001. a year ; and that the horse in
Aberdeen should also be settled upon her. It was
propoited, that 1500/. of the Bank Stock should
be applied to parchase lands, in order to produce
the 10001. a year for the sole and separate use of
Allardire ; and that the -remainder of the
real and personal property should he settled on
the issue of this marriage. While these 'propo-
sitions were. under the' consideration of Mr.
lonics, Lord Kennedy was in Aberdeen. It
w,s now about the end of April, 1814. He
was anxious to hasten his marriage with Miss Al-
lard cc : he told her of the propositions which had
Been made: he .c) t If believed that all the ne•-
cesshry deeds were in preparation, and, as the
lady pet.ectly satislitsd with the propositions,
she .c as prevaded two to marry Lord Kennedy,
avid, a(cordit4,ly, the mikiti:tge was solemnized on
the 1,1- May. Suite tinta,after this, a mar-
. ,
liai;c-acttictimrit was made, which varied very

.
tonsiiierAty froth fire propositions, particularly
with regard to the :10001. a-year to Lady -Ken-
nedy's sole Arid separate use. For thiS was sub-
stituted 10001. •atter the death. of Lord
Kennedy ; or in case any misfortune should cause
a separation. These were the facts, according to
the statement of Mr. mimics, Since the marriage
of Lord and Lady Kennedy, as oott as the latter
attained the age of 21, att action was Cow-
menertl by Lord Cassilis in the Court of Session
in Scotland, the object of which was, in the
first place, to obtain a conveyance, trout Mr.
Innies, of the 30,0001. in stock, %Otte!) stood in
the Bank of England in his name ; and, in the
next place, to compel Mr. monies, who was all
along the active gmndian, to give in an account
of his management of the property during the
minority of the lady. As soon as these proceed-
ings were commenced, Mr. Innies applied to the
Court of Chancery for an injunction to restrain
them, which ihjunction was granted, upon an
ex parte hearing, six months ago. • It was to
d I ssolve this injunction that the present application
was made.

.....
The application was supported 'chiefly on the
ground that it was not competent to the Cowl of
ChAneery here to restrain proceedings in the Court
of Session in Scotland. The Court of Session was
itself a Court of Equity; it was independent of
the jurisdiction of any other Court, save that of
the House of Lords. It the Court of Chancery
could issue an injunction to restrain proceedings
in the Court of Session, the Court of Si ssion
would have au equal right of issuing an interdict
to inhibit proceedings in the "Court of Chancery.
Such an inter;.ositioo was expressly in violation
to() of the Act of Union.

The application was resisted on the ground
that the Court possessed the jutisdiction, because
the Bank Stock was in England. The parties
who made the contract, so far as it was made,
were, with the exception of Mr. Ivries, domicile
subjects it) England, and the matter was nego-
tiated in England. The Court of Session in Scot-
!mid could not make any order by which the Batik
of England would be effected, and therefore that
Court was not competent to take cognizance of
the matter. The merits of the case were then
gone into, in order to support the injunction.—
Doubts were suggested as to the terms of Lord
Cassilis's final propositions, and it was -therefore
hoped, that if the Court should dissolve the in-
junction, it would at least dived an inquiry to be
made to asc<rtaio what were really the tel of
the final propositions.
- It was re-urged on the adverse side, that the in-
junction was originally obtained in miler to pro-
tect Intlies from gi%ing in his accounts.
The LORD CHANCELLOR was of opinion, that
no principle was famished against the jurisdic-
tion of the Court of Chancery. because the pro-
perty in question could be affected by its order
alone. It was, in ifs national character, English
property. The defeudants to the present Bill
were also English domicile subjects. It was the
object of the suit in Scotland to compel lollies to
give in his accounts, and to convey to Lord Ken-
nett"), the Batik Stock. The injunction was ob-
tained on the part of the children of Lady Ken-
nedy. iejury could he done to the children by
the Scot<it snit, as the Court of Session, while it
might compel lonies to give in his accoonts, could
not make any order which the Bank of England
Dula be obliged to obey. The other trustees of the
property were not, it appeared, made parties to
the suit in Scotland ; but even if lonics and they
consented to convey the stock, still, on the part
of the children, it ii as competent to the Court of
Chancery to enjoin the Bank of England not to
transfer the stock in question. Although the Act
of Union ought, certainly, to be considered as sa-
cred, yet cases tmight arise in which it would be
impossible for the Court of Session to proceed
with effect, if it were not aided by the Court of
Chancery here, and vice versa. His Lordship
concluded svith ordering the injunction to be dis-
solved without regard to the merits of the case,
and he desired the order not to he understood as
giving any encoarngettletit whatever to the other
Trustees to join in making a conveyance of the
Bank Stock. -
BRIGHTON COAL DUTIES.
ATToRNEY-GENERAL V. BRoWN.

Mr. Honis:c.--In the cause of the Attorney-
General u. Brown, I am hombly to move your
Lordship, that the defendants hive a week after
the commencement of the next Session of Pat!la-
ment to putt in their answers. I make this too•
tion in conformity with the Order of the House
of Lords, which directs, that when there is an
appeal, the Court below shall allow defendants ,►
week's time after the meeting of Parliament to
file their Answers.

LORD CHANCCLLoR.—Take the order.

I We are authorised to state, that since the
MEDICAL, lloitßD has been established at Char-
lotte-llouse, Great Charlotte-street, opposite the
Rev. Rowland Bill's Chapel, and Woodstock-
street, adjoining New Bond-street, upwards of
Thirty Thousand Patients of both Sexes have been
restored to perfect health, many of whom had
lingered for years under the most painful and ob-
stinate diseases, were pronounced incurable by
respectable practitioners, and several discharged
front nospitals.—Such are the effects resulting
front combined - talents! !—Messrs Coo Part and
Co. of Medical and Surgical celebrity, after forty
years expt'rience in this metropolis, are consulted
daily at built houses until pine at
.night, and the
poor have advice gratis, Ott Tuesday, Thursday:,
and Sunday mornings, until Twelve o'Clock.—
Patients at a distance, describing their•ease, im-
mediately attended to —All letters to be directed
to .Charlotti-House, Blackfriat s'-road, but none
are answered which do not contain a .consulting
fee.

Mr. EDWARDS, of Bishopsgate-street, crossing
the fields leading front Bethnal-green to ()!d Ford,
about ball past 1.0 on Monday evening, was met
by two footpads, who presented pistols to his
breast, and tAith dreadful imprecations demanded
his money. Mr. EDWARDS, While pretending to
take out his purse, drew a pistol out of his pocket,
and discharged it at one :4 the robbers, n bons he
wounded. The other intmedistiely knocked him
down, and, after robbing
ped with his COM .bitty cif all hi's
esca Paffion acrois the .fiddo to-
wards London.