Star.
London, England, 1829-08-06 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY. Acoun S.
CIIATFIELp V. )I.tRTIN.
This was an appeal from an order made by the Vice-
Chancellor, the present Muter of the Rolls. The de-
fendant, William Marti*, occupied a farm at Bosham,
.in the county of Sussex, the stock and effects upon
which were taken by the sequestration of his creditors,
and afterwards claimed as against the sequestrators by
the executors of Mercey Martin, mother of the defend-
ant. A reference was made to the Muter to ascertain
whether the executors had any interest in the property,
and the Master found they had none. Two petitions were
next presented to Sir John Leach ; one prayed that the
Master's report might be confirmed, and the other for
leave to except to the report. His Honour, instead of
confirming the report, decided that the property belonged
to the executors, and decreed a transfer of it to them.
The following step was an appeal petition to this branch
of the jurisdiction, which his Lordship disposed of to-
day. Originally W. Martin occupied the farm as the
tenant of Capt. Barclay. In 1812, W. Martin became
embarrassed, and an arrangement was made between
him, his mother, and creditors, by which she was to pay
13s. in the pound to the creditors upon their executing a
release of all demands against her son, and his trans-
ferring over to her all hie interest in. the farm. The stock,l
&c. was valued at 800/. ; the composition was paid, the
necessary deed of release was executed by all the cre-1
ditors, and the assignment of the stock regularly made.
Mrs. Martin took possession of the farm, but suffered
her son to remain upon it as her bailiff. The rent and
poor-rates were received as from her for six years ; she
afterwards died ; and then an agreement was entered into
by which a person named Duke took possession, and
whilst he was in possession, the sequestration now com-
plained of was made by the creditors of William Martin.
In the course of the proceedings an attempt was made
to prove that Mrs. Martin had re-transferred to her son ;
but the extent to which that evidence went was, that
Mrs. Martin on her death-bed proposed to re-transfer to
her son, provided he could pay her 5001. Vott that sum
he could not raise, and the proposition was never effected.
From a careful perusal of all the affidavits, and the ut-
most attention to the whole of the facts, his Lordship
expressed himself perfectly satisfied that the property
belonged to the executors of Mrs. Martin. He could
not therefore but refuse to send it back to the Master,
and feel bound to confirm the decree below. So clear did
he regard the case, that he deemed it necessary to dis-
miss the appeal with costs.

CONSISTORY COURT, Ava. 5.
BRAMWELL V. BRAMWELL.

This was a suit for restitution of conjugal rights, pro-
moted by Wm. Bramwell against his wife Fanny, who
resisted the condonation by reason of cruelty and adul-
tery. The responsive allegation on the part of the wife
was now sought to be admitted and resisted on the part
of the husband by Dr. DODSON, %rho stated one per-
emptory objection occurred to, its admission, that it was
not pleaded that the wife was unacquainted with the
adulterous intercourse after 1826, and at a time when
she was cohabiting and living in amity with her husband.
The facts of adultery in themselves were too diffusely
pleaded. It began by stating that an adulterous inter-
course was carried on betwixt Mr. Bramwell and a girl
who lived as nursemaid with them, and this connection
continued without the knowledge of his wife from the
year 1809 till 1821. The discovery was made by Mrs.
Bramwell finding a portion of a letter in the bed-room,
written by her husband to this said Elizabeth Jeffrey.
Upon the discovery, a difference ensued, which was
subsequently reconciled by William Bramwell taking a
solemn oath to abandon the connection. Intelligence,
however, was given to the wife, that clandestine inter-
views took place between Elizale.th Jeffrey and her hus-
band ; and from this breach of faith, and acts of cruelty
alleged, she determined to separate herself from him.
The Learned Civilian contended also, that no specific act
of legal cruelty had been affirmed ; the allegation merely
asserted, that the husband used harsh and opprobriou
expressions towards his wife, and upon one occasion d.
tempted to strike her.
Dr. ADAMS followed on the same side, and observed
that this allegation was trumped up by the wife, to serve
as a pretext for her refusal to return to her conjugal duties.
The KING'S ADVOCATE, on behalf of the wife, said
that this suit would never have been heard of, had not
Mrs. Bramwell been in possession of a separate income ;
for the husband's only object was to obtain a portion of
the property of his wife, and not (as the suit ostensibly set
forth) for the restitution of conjugal rights.
The JUDGE (Dr. LCSIIINGTON) said- -h has been
urged by the Counsel, that a reconciliation haring taken
place, it destroyed the power of the wife to allege the acts
of adultery ; but the view which I take of the case is dif-
ferent. It has been pleaded, the Court should pause be-
fore it admitted an allegation of such length, and conse-
quent expense ; but the Court is of opinion that it is
better to do justice at some coot, than to be guilty of in-
justice at a cheap rate. Being of opinion, therefore, that
the allegation is admissible, and that I could not direct
any curtailment without injustice, I shall direct it to be
admitted to proof.

ASSIZE INTELLIGENCE.
• -.Ow- OXFORD CIRCUIT, WO •

s. )RqIiSTER, Au.. 4.
Samuel Burton, aged 35, a labourer, was indicted for
a capital assault upon a woman named Justinia Hall, but
the evidence was not very conclusive, and the jury ac-
quitted him.
John Jones was found guilty of stealing seven pigs on
the 9th of Feb. 1827, and was sentenced to he transported
for seven •ears.
Mary Homes was then convicted of stealing a silver
watch, the property of Beqjamin Porter, on the 19th of
July ; but in consideration of her having an infant, only
three months old, she was only sentenced to one year's
imprisonment.
NORFOLK CIRCUIT—CAMBRIDGE, Auo. 4.
In the course of the morning a great sensation was
produced in Court by the presentation of a true bill
against George Busby White, gni. for forgery. Upon
inquiry we ascertained that the accused is a man of con-
siderable wealth, and was for a number of years the Town
Clerk to this Corporation. It understood that Air. W.
is still at large.
Mary Harris, a pretty-looking young woman, but,
it would appear, an old thief, was indicted for stealing a
tea-kettle, value 12s. the property of Geerge Paul, on
Saturday last.
Mr. Augustus Caesar produced a certificate to prove
that the prisoner was convicted of felony in March, 1826.
Mr. Orridge, the governor of the County gaol, tkepoued
that upon that occasion he had the prisoner in his custody
for six calendar months, and she won kept to hard labour.
The jury returned a verdict of Guilty, and the prison/0r
was sentenced to be transported kr. seven years.

NEW POILT.—SOVAIIII of our ritateubaye 4ei/r7
wins' Fo &dux; on tits agt. as Lind
It* Swan. Rifer Ntge'intot. A lir. Thomas Piece, who ww
no law Rieglift liseifig WM holm i favestiblo Mom. Nis ic°
ducwl this offot.—Brigkow Guardian.