The Sun.
London, England, 1816-12-07 00:00:00

LAW INT F,I4I4IOENCB.

COURT OP CIIANCERY,Pro.

TIE MARRIAGE OF AN INPANT.
. .
SULT.fI'AN S"trLLIVAN.
iil,;:iod, on the .hehelf of Augustus
'Sullivan, an ietent; that two suits institute() on
his eeronnt, eqminst 'ltis fAther, the Right llon.
Jobit Solliven, 'one Of the Members Of the liolrd
Clontrinii, One by 'rimming °Maker, and the
tither by Sir Charles Sullivan, Bart. 'night he re-
ferred to thei‘le'ster, for him to ascettniu which
sttii was most for the benefit of the inikuit. The
`l,,Arned•Cnittliel said he consiticied the motion so
nindl of c(tirse, that he would not trouble the
Conti ooh ro,sr nbseryations on it.
Er)E'S fr)flolVed on the seine side, anti stated.
litftt both bills hail the seine object in view, and it
"5 ilicrefure inipp.ss.ible to anticipate any objec-

ti 011 to, t motion.
Sir A u t uon Pt oriOTT, Counsellor for the Right
non. John Sullivan, stipported the motion, and
olive, yeti, that Mr. (Maker, %rho had tiled the
fir" hill, 'jun-iv!! the "CNt friend of the
infant, 'teas the huntsman of the Berkeley flout,
whose diorghter had been married to the infant,
and (but to irriage wis tiOk'y the subject of pro-
ccedir the Ecclesiastical Court,Air. S
y,itith-
.
i
van .aving commenced tt lO Set it estoe•
11Ir OlOoker in his bill stated, that the ititant
Lad been appointed at six years of age to the
'office ,of Seer Lary Registrar or Reeeiver'in the
colony of Penterara, the profits of which the fa-
titer had since receivcd, anti that he was trisv of
„
Olt age to dispose, of the produce of it by %mill.
That being the case, the Learned Counsel ob-
served, that the infant was of course of an age
e4h.cli rendered hint competent to express some
opinion urntn the propriety of these• suits, and
that opinion I had expressed, for he had writ.
ten a letter to Sir Charles Sullivan, expressing
the utmost distipprohatino of the first snit, and
requesting the second to be instituted. That let-
ter Was ready it) he prodileed ill court, and could
be antheutieated by affidaVit.
Afr MAKI?, followed 00 the the saute side, and
cited ,nril Refit:Oak's Treatise ojt rarity Prat!.
p; 22, as a direct authority (Or the motion,
If there were troy circumstances in this case whit+
could take it out of the genernl rule, those cir.
.
enttr,tances could only render it proper to stop
Clflaker"S suit at once. lie would ask bow his
coto,et tion with the infant originated %--how he
beeline ntitied to call himself
,the father-
in- ,sopposed be • shohld not be an-
swmil by hiS' Learned Eriends. Ile would torn
tell them, by is fraudulent Matri3ge, it avers a fraud
neon the parental rights of the father, ‘Vhether
thi, marriage would be set aside or not, itIVLIS not
for hint to give tin, opinion. lie would not have
mentionett it, if it had not been stated in Oldaker's
bill, that it was a fraudulent Marriage. it was
there stated to have taken place without Mr. Soh-
livalt, the father's,knOwledge,but not without that
of °Wolter's, and at it chord) in the BOroug4, whcee
Air. Sullivan avian Otitoulern, and which, of itself,
was afeature of frond. If, therefore, his Lord-
ship interfered in a sammary way, without, stud)
a reference as was sought, it• lutist, he by this.
missing Ohlaker's snit at (Alec ; for it was most
improper that lie should. he permitted to appear in
a character which he could have no claim to, but
throttAll the fraudulent nuoriage, Sir Charles
Sullivan's rank, character, and property were
Hostages its tile hands of the Court for the faith.
int performance of his ditty, and insured .hi. 3 Lord-
ship that the defendant's, real interest. Would he
guarded in his suit. gut the, only tluteeti tat pli:-
s4G'nt.was, whether any iruptiVy all 0010 take
place ; and an inquiry he wa.42 Surer they,. w.erA .ett-
titled to, according to the general rule of practice
which ha had alt catty stated 'front Lord litedea-
dale's book.
‘'
fir, a. Itomi,t,t,v opposed the motion, on the
ground that the las4ktge in, Lord Redesdale's hook
Was trot supported by NIT anthority. According
to the case of Da Costa v. Du Costa, which 'was
is,.point, the motion should have been to refer the
I)trrticwar snit, which was represented ae imPro-
per:, to the Master.' +le felt as any mw an rist for
;%le. ; but feelings or wishea ought not
to be xonsulted ou such it subject;. He wa4
on, tor an accomit,. 0,0(1 ;he snit which. was most
eilvetse Wag the one evidently most proper, to be
plattlied. `sir t,'. Sullivan's was .not an adverse, but
n friendly suit. What 'were the facts?, that the
infant was appointed thirteen years ago to a most
lucrative stiles ; for what services Au-the State he
could not say.: but being so appointed. his fattier
veroived the prolits,atnintuting tO-`5,0001, a-yearl
mod he wa.s note eActi on to account for the re-
eeipts, tiiitl the Cif, which the account Would be
taken wits) the tuti.it strictness, was the one that
tinght to be forwarded. he suit of Sir Charles
Sallivan could not he cOnsideritt one of this nature
was admitted by bis Leariieil Ifriends that it

'W t 4 not.
Tbreit,ov'it followed on ttre tame gide.
.Lhac tt replied, and eoutendot that the
Prisfitige cited from Lord iletlestbilti's book was
salicient groitod for the motion being grauted.-4
thetelvereniny objections to .Sir Charles Sul-
livan's suit, they should be gotte into before the
Master, With a,vir-n?to the ittipiess'ion that might
be made on the pahlic, by the alin,lon to the in-
services, begged to state, that titv office
bail been granted to the tion in einishieration ot
the long puhlie hervices of the lather, Mitt the
profits riid ink average
,I;)00/.
lie Lotto eIjANCKLLOIt debired to see with the
hills, and at the Eking of the Conrt .he granted
the motion. - ,