The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-12-11 00:00:00

GREAT PROPERTY CASE.

Our readers will remember, that the cause Malone v. O'Con-
nor, in which property to the amount of £15,000 to £20,000
per annum is involved, has been before the Irish equity and
law courts for several years. Mr. Richard Malone Raymond,
one of the lessees of -the Liver Theatre, in Liverpool, is the
eldest brother of the plaintiff, and is, of course, deeply in-
terested in the fi;,al issue of the suite, all the issues hitherto
having been in favour of the plaintiff. The only other pro-
cess Is au appeal to the House of Lords, but it is not likely
that the trustees will proceed to this the last resort of litigants.
The following report of the latest proceedings will, under
the circumstances, be interesting to our local readers.

COURT OF QUEEN'S BENCH, DEC. 4.
SITTINGS AT NISI PRIGS AFTER TEAM.
(Before Mr. Justice Crampton.)
Malone v. O'Connor.
His Lordship entered the court at half-past ten o'clock,
when, the names of the jurors being called over, this case.
was proceeded with.
The handwriting of the Rev. Patrick Smith, who performed
the ceremony of Marriage in Townsend-street Chapel, was
identified by his brother, as were also the registry books by
the clerks who filled that office at different periods. The entry
of the baptism of the plaintiff, at Wexford, was also proved
by a clergyman, the Rev. Mr. Barry, now Catholic curate of
the town of Wexford.
The different documents were then entered as read, subse-
quent to the decision of the Lord Chancellor; after which
the plaintiff's case 'closed, and, there being no defence gone
into, .
• His Lordship addressed the jury. Gentlemen the ob-
served,) I have iittle on the present occasion to observe to you,
in consequence, as you have been told, of no appearance
being enteredinto by the defendant. The only question for
you to try is, whether the proposition contained in the issue
sent from the Court of Chancery has been maintained by the
evidence you have heard, or, in other words, whether John
Malone, of Coburg-place, in the city of Dublin, is the heir of
Richard Malone, who was son of another Richard, the brother
of the Bight HOJI. Anthony Malone, to whom the property
belonged. It appears by the evidence, that the plaintiff in
this issue is the son of Captain Malone, by a Miss Moore,
between whom a marriage took place, performed by a degraded
Roman catholic clergyman, if you believe the evidence which
she gave on that table. It appeared also, that, from that pe-
riod up to his death, he regarded her in the character of a
wife; but you must observe, that the ceremony performed by
this clergyman was null and void, inasmuch as it was one be-
tween a Protestant and a Roman Catholic, by a Catholic
priest, which is the act of the 19th of Geo. 11., chap. 13, unless
either of the parties shall have conformed twelve months prior
to the ceremony. You have learned from the evidence given,
that, after the marriage at the Tyrell's Pass, they resided in
Dublin, whence three children were h ru to them. That, sub-
sequently, they ',len tto Preston, in t year 1801, where ano-
ther child was barn, and afterwards . epaired to the town of
Wexford, where they had two others, one of whom, a female,
was born, and the present plaintiff, in 1805. Gentlemen of
the jury, there are three propositions in this case which you
are bound to try : first, whether there was a marriage in point
of fact celebrated after the birth of the plaintiff's two eldest
brothers and before his own; and, thirdly, was it valid, ac-
cording to the statute law of the land. With respect to all
these questions you have had abundance of evidence, which,
if you believe, undoubtedly you will find a verdict for the
plaintiff. Bridget Malone tells you, that one of the conditions
upon which she consented to marry him was, that he should
become a Roman Catholic in one fortnight, and that he did
so in the Roman Catholic chapel, in Liffey-street, wherewith
he had received the Holy Communion, according to the rites
of the Roman Catholic church. She then states his going
afterwards, at least forty times; of his habit of frequenting the
Roman Catholic chapel of Preston; and, finally, of his bing
attended iu his last moments by a Roman Catholic clergyman,
from whom he received the last ritesof religion. The learned
Judge then called the attention of the jury to the portion of
the evidence as applicable to the issue, and concluded.
The jury retired to the jury-room, and, in half an hour,
came into court with a verdict, to the effect, that John Ma-
lone, the plaintiff, was heir-at-law to Richard, son of Richard,
the brother of the Right Hon. Anthony Malone.
Thus was the second issue terminated.

ROLLS' COURT.-WEDNESDAY.

ORME V. WRIGHT.

Mr. Pemberton (with whom was Mr. Walker) stated that
the present bill was filed by the widow and administratrix of
Samuel Orme, deceased, praying that the defendant might
be declared a trustee for her of certain leasehold premises
held under the corporation of Liverpool, for lives, and for a
term of 21 years at the expiration of the last life, and that
an account be taken, and on the payment of what should be
found justly due to the defendant, together with the expenses
incurred in the renewal of the lease by putting in a new life,
that the plaintiff might be declared entitled to redeem the
premises. The plaintiff, after the death of her husband, took
the premises in question in lieu of a debt due to him, and
wishing to borrow £1,200 on a mortgage, she applied to
Mr. Whitley, a solicitor, who introduced her to the defendant
(oho, it was alleged, acted for Mr. Stanley Orred). .On the
9th of August, 1828, the money was advanced by Mr. Orred,
and the plaintiff executed an indenture of mortgage contain-
' ing a power of sale in case default should be made in pay-
ment of the principal and interest. On the 11th of June,
1834, Mr. Orred gave the plaintiff a notice to pay the money
in consequence of the irregularity with which the interest
was paid. This was not acted upon, but on the 20th of De-
cember, 1834, Mr. Orred gave the plaintiff a notice of his
intention to sell the premises. The plaintiff desired that the
sale might be postponed, and had the premises valued, which
were estimated at the sum of £1,500. On the 27th of De-
cember following, the premises were advertised for sale at
the Clarendon-rooms, in Liverpool, on the 6th of January,
1835, which, as parliament had been dissolved, turned out to
be one of the days appointed for the election of members for
the borough. At the time appointed for the sale, the only
persons attending were Mr. Wright, Mr. Malaby, who was
the solicitor for Mr. Orred, and also for Mr. Wright; Mr.
Harrison, the father-in-law of Mr. Malaby; Mr. Peacock,
the solicitor of the plaintiff; and Mr. Samuel Orme, the son
of the plaintiff. The biddings were opened by Mr. Harrison,
but the premises were subsequently knocked down to the
defendant for £1,020. After the sale, Mr. Peacock said to
Mr. Wright, " You surely do not cocsider yourself the pur-
chaser;" to which he re-plied that he did. On the Bth of
January following, the plaintiff applied to the defendant,
and requested him to accept the mortgage money, which he
agreed to do if it was paid within a week; this was not done,
and on the 15th of January a further extension of time was
the defendant stated that he would complete his purchase if
the money was not paid by the Ist of March. In the mean-
time applications were made to Mr. Malaby, requesting him
to obtain a loan upon the security of the premises, which he
said he could do to the extent of £l,OOO, but if a new life for
the one that had just dropped were pot in, he could raise an
additional £lOO. Upon ascertaining this, the plaintiff said
that she could raise a further sum of £3OO towards the pay-
ment of the remainder of the mortgage money and the inte-
rest, and agreed to apply to the corporation to put in a new
life for the one that had dropped. Upon this arrangement
the plaintiff asked for an account of the mortgage money
and interest; and subsequently' having procured the sum of
£3OO, she, without having obtained mar's' account, on the sth
of March paid a sum of £230 to the Clerk of Mr. Malaby,
he having left Liverpool, and obtained from him a receipt,
upon which it was stated that the contract for purchase was
cancelled. This sum, it appears, was received by the plain-
tiff, who, nevertheless, completed his purchase, and took a
conveyance from Mr. Orred; and, having paid the fine to
the corporation, he also took the lease for the next life, and
alleged for the ground of so doing that the money was not
paid at the time appointed. Under these circumstances it
was denied that Mr. Wright could become the purchaser of
the premises, since be was the agent of Mr. Orred, who, as
a trustee of the premises, had not acted properly in permit-
ting them to be sold at an auction where no person except
those connected with the mortgagor and mortgagee were
present. But, in addition to this, it was insisted that the
defendant had consented to waive the contract for purchase,
and, by acting as he bad done, had not only obtained the
premises, but also the benefit of the renewal, as well as the
sum of £230.
Mr. Spence (with whom was Mr. Russell) considered that
the only equity the plaintiff had to get rid of the contract
was on the ground of the subsequent contract, which, not
having been complied with at the time appointed, was whollyvoid. He also denied that the defendant was the agent of
Mr. Orred, and insisted that the sale was-made at a time
inset likely to ensure a large attendance of persons who, in
addition to those in tie town, would be collected from all
parts of the country in consequence of the election.
Mr. Pemberton replied.
Lord Langdale, after stating the facts, was of opinion that
Mr. Orred had not used such discretion as a trustee was

bound to use when selling trust property, since he had al-
lowed the premises to be disposed of at an auction where the
parties interested only were present; but he did not solely
rely upon that point, for he considered that Mr. Wright had
placed himself in the character of agent of Mr. Orred. In
addition to these facts the defendant bad consented to waive
the contract, and although he had named times beyond
which he refused to keep the negotiations open, yet, from all
that had been done, it did not appear that it was intended
strictly to insist upon them. The plaintiff had been induced
to enter into other agroements to enable him to comply with
the requests of the defendant, so that be had not only ob-
tained the benefit of the renewed lease, but also the sum of
.£230, Under these circumstances, therefore, the prayer of
the bill must be granted, and the defendant must pay the
costs of the suit.

Dr. C. Severn is said to have discovered, in the library of
the London Medical Society, an ancient diary of a former
vicar of Stratford-upon-Avon, which is said to throw much
new and interesting light upon the domestic habits of Shak-
speare.
Tux :caw Poori L.' w.—We can never admit that the new
poor law was either a " wise or a necessary measure." Ex-
perience has proved that it has failed in every respect except
in providing patronage for a hungry government. and inflict-
ing unmerited buffering on the poor. --The operation of the
new poor lair insures the same result which would be pro-
duced by a combination for the reduction of wages. What-
ever may be the amount which the employers choose to name
as the price of labour, must be accepted as such by the la-
bourer, however inadequate it may be to his support. He
has no redress. The only alternatives presented to him are
starvation " out of the house," or imprisonment with diet in-
ferior to gaol allowance.—Times.

STI:AAIING TO NEWFOUNDLAND.—BV n vote of the House
of Assembly of this colons-, a premium of £l5OO will be given
to the first ,citable steamer- that is placed on the line between
this port and any port in Great Britain or Ireland, subject to
the following conditions :—The ship must make four passages
in the year out and four home, and to be not less in size and
steam power than the Sirius, Captain Roberts, that made the
first passage across the Atlantic by steam. This vote has
passed the council, received the governor's assent, is now the
law of the colony, and his excellency, the governor. has
officially announced it to her Majesty's government. Is not
this worth the attention of the merchants of Liverpool,
trading to the colony ?
TORCH-LIGHT MEETINGS.—The attention of the govern-
ment has at length been called by the magistrates at 1-lyde
to the torch-light meetings lately held by the ultra-eadical
agitators in some of the manufacturing towns. Instructions
have been issued from the Home Office for the guidance of
the magistrates in the event of more meetings of the same
objectionable character The magistrates are requested by
Lord John Russell to obtain correct information as to what
passes at any such meetings, with the view of bringing to
justice persons who may be guilty of a violation of the law.
The career of the few itinerant incendiaries with whom
nearly the whole of these meetings originate, and who are
almost the otay very violent speakers at them, will thus, it
may be hoped, ere long be brought to a close.

Asirox-UNDER.LYNE.—On Monday evening last, the
members of the Operative and Tradesmen's Conservative
Association, held their quarterly meeting at the Pitt and
Nelson Inn, which were very numerously attended, both by
operatives and honorary members. Previous to commencing
business relative to the affairs of the association, several ap-
propriate addresses were delivered by the president and
other gentlemen. The most powerful and impressive one
was that from Nicholas Earle, Esq., eulogising those high
principles which they were associated to promote. After-
wards business commenced, during the transaction of which
a great number of new members were enrolled, chiefly elec-
tors, and a resolution carried for taking supper together
some evening in the first week of the new year, upon whtch
occasion it is intended to associate with this excellent em-
bodiment of constitutional principles a sick and burial fund,
or the benefit of the operatives. The Victoria baud was
present, and after business had subsided, played several of
their most popular airs, intermixed with constitutional songs,
glees, and catches, of an harmonious and convivial nature,
until a late hoar.—Manchester Courier.