The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-07-23 00:00:00

LAW INTEL LIGENCA.

THE LAW OF MARRIAGE.

It seeMS s • 1 -iible that in a country like this
•
all doubts sh4or:ledyb:r
upon a question
I,ee..rob:tted to exist
s: nearly affecting the ha control t of
ppi,,,;:: and domestic
'nu , acted abroad.
"s" as the validity of inertias;. c'
Yet strange as it may seem those doubts ;save,. been and
still are entertained b the highest legal and jut.:Pal pll-
- thotitiesin the kingdom. We have, says the Morning
Past, latelY been favoured with a copy of a in-titian which
lsaa presented to the House of Lords by the noble presi-
dent of the
1841 council, Lord Vv'harncliffe, as long ago as
parmpg of the unceitain state of the law in
this icular, and calling the attention of the Legisla-
ture to its necessary consequences in rendering titles in-
- !eente and promoting litigation in families. This petition
"ao short and at the same time so much to the purpose,
"4 the
te ,narnes attached to it are so well known, as corn-
s—h enuisit almost all the first solicitors Li the metropolis,
t we give it with the signatures at full length:—
To the
Right Honourable the Lords Spirit al and
Temporal of ti,e United Kingdom of Great Britain
and Ireland its Parliament assembled.
The humble petition of the undersigned attorneys
e.. and solicitors—
Ileaotth—Tbat the affect of the existing law, which
• 111... marriage within certain degrees of affinity,
1144 fous doubts as applied to such marriages
odrftnieed abroad, some of oisr most eminent civilians
,Th.,TaYerti being of opinion that it works a personal dis-
'l`‘'uneatinri between the parties which nothing can re-
e+ others
tr.. ! considering that domicile in a foreign eoFn-
L4_
Ile. Where such marriages are lawful removes the d is •bility.
others again conceiving that the mere celebration of
..lrsarriage is, such a country is sufficient. That your
or this k:ind. especial)?
nwtieners have reason to believe that numerous marl iages
between widowers and their de-
thecie,ada'Y'ves' sisters, have been solemnized abroad since
That litaltntg of the Act sth and 6th William
such IV. chap. 54.
the law • the opinion of your a state of
petitioners d t
elite
doubts
auras
Inglily inexpedient be'eg calculate o cr.
tiou 'to the legitimacy of ch-ldren, to promote Huge-
amcm -t to nu_ g the nearest relatives, and to place the title
petiti:nerous estates upon an insecure footing. Your
will are", therefore, humbly pray that your Lordships
c the
adopt Lr.h subject into your early considera ion, end
this „; '' ,Ineasures for the amelioration of the law in
.s., ea, ocular as to your Lordships may seem meet.
lfe your • •
the Petitioners will ever pray, &c. [Here follow
. . signatures, which we omi'.]
And it seems that this petition was followed by similar
aPPeals from the solicitors of many of our provincial
t"na. There was one from Norwich, signed by sixty-
three; another from Hereford, with twenty-one signa-
tures; a third from Leicest-r, signed by forty-one; at-
Other from Worcester, by thirty-seven; anotle f
rfrom
it
,
Worcester. by thirty-.even; another from Bath by or )-
'eight ; another from Manchester, by fifty-three; another
'
from Cirencester, by one hundred and fifty-one; ano her
from Macclesfield, by e'ghty-two ; and another from Da-
venportby Lord
and its neighbourhood, forty-seven.
Wbarncliffe, in presenting these
it was impossible for any testimony to be stronger as to
the belief of the
profession
in the evil of the existing state
of the law; and we have lately been struck with the con-
firmation afforded to that testimony by the very Fi 1 i hest
• in the kingdom, that of the Lord Chan.
Judicial authority
cello: himself. We refer to the dialogue between his I..rd.
Ship and Mr. Erle (the counsel for Sir Augustus D'Este)
before
.._the recent Committee of Privileges on the Sussex
I thatcase Mr. Erie
reerage in the House of Lords. u
(*Wended.
"That the validity of all marriages must be dependent
on the law of the place in which they were solemnized. If
this were not admitted as a general rule, he added, what
might be the consequence ? It. would enable parties to
Zaet marriages in forego countries, and then return
their ow, co
with imp • witty and
break these solemn contracts
Unity.
The Lo '
this rd Chancellor.—" Might not some such case as
sister ""t
A man in England cannot marry his wife's
Law , but he can go into a foreign country and there the
ir ?mulct permit him to do FO. In the event of his re-
°mg to his own co t uld not a marriage so con-
Mr.tractedErie ee d tin
ry,
wo
id 7
me val .
to show "" The whole line of my argument has been
contracted w that a marriage was valid wher.ver it might be
, if the law of the country in which it took
plaee had been b
The Lord o served.
as an
Cbancellor.—" Do not receive my remarks
opi
is a most ni°n• I Rive no opinion upon it. The question
versation."
• " "nPortant one. I merely adverted to it in con-
Here weelaborat see the highest Judge in the realm, after an
this
sn, e argument of counsel, expressing an opiniou on
which 14Jeet, and then, as it fearful of the responsibitity
had saide had incurred in doing so, desiring that what he
as coat:light not be regarded as an opinion, but merely
Portant "Eina, " because the question was a most ins.
Judges ,sne," and a few days afterwards we have the
„wont , ao whom this question was actually put for de-
pre.,ll,vill: an opinion in direct opposition to that ex-
Which"ooy the Chancellor. We do not pretend to guess
view° Pinion was the correct one, but we do say that no
of slick
at all should be permitted to exist upon a point
for this lital importance to our domestic happiness, and
titionerse&B" we
cordially join in the prayer of the pe-
earliest 'e,---at Parliament may " take the subject into its
ateeeorati'onsidera
lawsd adopt snch measures wisdom
may lee 4Of the • tit.- ticular as to its
„eet." In
" pat

BREA"
°I? PROMISE OF MARRIAGE.

was the Chelmsf
from brought by Zsry Aliens. Swfoll, to recover damages
d assizes, on Wednesday last, an action
The---d-`")°en Poster, for a breach of promise of mar.riage.
form efendant pleaded that he did not promise ln theo_
themusic, Ike.,
V all-ged in the declaration. The lady is a. teacher f
tteXtern" in her aunt's school at Witham ; and
is a farmer at iptree. An m, y
, an e -la ge rn e ,-, t 1,7 sPeang at a chapel?n Witham,ands
en-
Year howe I°B3 made. Towards the end of the next
uaottee• t°
bleated ti ye'', as
changed his mind, and comma-
lowing curt' Las quondam ludye-love in the fol-
" D=ar Air
" October 1, 1842.
Miss,--I 1119' that I lime,l must
o explanation of yours
v..
Site, as I find ittn4du;P tny mind to discontinue my
me to be •
thea"'" . •'cl red, impracticable for
untied . consi e
Teti of toy altera;. rtfure 1 felt reluctance to inform
ton of mind.
if In., "I
remain sincere wellher.
, —I have no • - Your s
towards'
yourself ~ nomad feelings, I can assure )011,
It HD , •
!, tedred that after tilts, in con.equence of communi-
teletionts, that took place with the defendant. he resurner;d
ti;_ u . rcourse with the plaintiff, and their intim-try er;he
n ed as helot in of the present year
fickle w . e. But January
lion, re:erir ac-
o can-
°:,r Once more withdrew ; hence the p
m„
~
aunt, roved that she
'B. Jantlt Spann, the plaintiff's at) • P
dspoke to
resided a IA- with niece in 1841, an .
the t ithain her
nd asked parrots
defendant having called upon her a
her assenting
Sitio to vi • her niece as a suitor, arid on
1 . sit
''e coritinusd to do so, with
the knowledge of his friends,
appealed ti be sin.
and the plaintiff and the defendantr
Tory c,,rresponded si h
cerely attached
to eact't ot;fevi.sited the d-fendants father
each other, and the plaint]
end his family, and was received by them as the intended
Wife of the defendant.
The
witness detailed the course
of the ultimo • • cv between the parties down to the month
of January. 1844, and identified the letter produced as
the hfildwritilig of the defendant. She also declared
l eillipnr(l, the defendant
that, after the period she ha
wished
the m
t.
14intiff to accept of a
called upon her, and
auto of £203, that his fat her had offered to her, in order
That she might go into the country
and recruit her health.
The following letters were then read. The first was
written soon atter the defendant had . r-newed his intimacy
with 1 Miss SPautl. It was deed December 9, 1842, and
-ta coat -
ii
.. ents were as follow :
, NIY `easy d II ' • Anne —I had intended. to come
uovvn to w- ear I al) ,
as I hay, of seeing you, but
i:tham, and had the plea-are. . .
two, I tit' RC! something of day or
' the cold chill, for a
ink it will net be wise : now to remedy this, we
hope to have the p!easure of seeing you at Totham (his
;fastother's residence) to tea. The governor says that you
stop that night. and also to-morrow night as well,
some
Would it be troubling you too much to bring
your
of Yollr music and a certain letter that you have in
Yourwt Fssession? 'Please inform the bearer what time
PlettanadYshiP will be at the White Hart. I have great re ill being your ardent and devoted lover.
A '' STEPHEN."
Another let
followingter, dated November 30, '
1813 was to the
m efrect :
this Y dearest Love, Ireceived your pretty little note
o_,
elliu)rning, for which I el extremely obliged. I was
.ic
it'anLineritaiiii„
7 Yesterday, justedown to the Bank and b
and on
horeeb 113113ediately, whilethesun was out full, an
should
has aped did not • myself any worse. I
e called but • perceive
.. ~ dld il
IN ith monde ot stop anywhere. . lover,
st affection your devoted
' yo
" STEPHEN."
~m_ ,
on to„Yi erY dear ma
are moment
it • J lands th- Mary Anne,—Having a spare
employ
with - is evening 1 thought I could not . _ u
by
more Pleasure to 1v
lf h n conversing with yo
iv n5l Y Pen,
Reall 'En" se
t apresence everything
ae ne.ars dull and d Y without your
but 1
`el it ~,,o, rearysome. I long to see you,
0,
Vat evening "_n.ot be prudent at present to venture out
el 44.17 thou'lli:telther would you wish me I know. I bay
for the
Xse; when s, tarare high of you than ever, longing
Y dm, e shall s - h days toether.
Person in
~,,tulesta pend many ..apPy
yI
haveyour
finlike • ;,;',I Mind You to my affections, as se4 -" tact ever itn your tender looks and pleasant
before e is. ' 1 n,Y object appears lovely where your
heart. This la-faat confess I never felt what I do now
, over with
rnso....evisit
appears to have quite won my
W 014) insignificaotrt "an ardent affection. Terms are
fat cant fail, but
words
1 h 0 an
to you my feelings ; Tothnidea of what ra°,7l)f.e "'hen I see you to give you some
t
no ~•1, nay dearest' ;eenngs are. I wish you were. a
notateddidr"ietlagger --
g'rl; You would fancy I am drawing
44.48-- .8
~
istateroent, but I can assure yousecnti.
ba6 Icon this I
pointK! that when I express my
(lid irlen his
th • full, you sometimes ittermmd flattery,
Plea wo , ell' being my calm, collecte , and can-
That easere it i '
u d it not be my pleasure to con
stantly
b arin n MY Power, when you areconnected by
d
tit an ~__ g tie which I ho 'll t soon be dissolve .
Now, year adv_._ , pe wi no
14as d to
unee be firmer and stronger, if Possible ?
e tome, Y dearest love, you will say I have tres-
to ree • ()long o
ho eive an
epistle n your tirne. 1 must conclude,t hoping
London.el° one else, you will
from you, promising me in I . .
•
yottr. Don't fall in love with any one else, dear.
The h more than ever attached and devoted lover,
~
*as -est let 41 STEPHEN.-1000 kisses dear.
. ,i as Nio ler was dated the 2d of January, 1844. It
b i)eare twl:—
_.efore. •,s, ...ove,--lst, I must apologise for not writing
tltile• 4tr, I thank You for your letter. 3d, I have no
' I hope you are still well. sth, I am glad

you are enjoying yourself. 6th, I cannot come to town,
1 am so busy.

" Yours, very truly.
"
The next letter had no date, but the post-mark was
January, 1844 :
':llary Anne,—lst, You complain of my plan of
writing, which greatly annoyed me. 2d, It is strange
for me to be dictated to by one so much my junior. 3d,
I hope if you see any one at the wedding that suits. you
won't let the opportunity Alp, but embrace it. 4th, 1
need not define, but you will take the full meaning of
this last particular. sth, I should advise you to keep
with your nuther ; you are happy you say. 6th, 1 know
you will be more happy than at Witham, as it must be
many years before you can alter your situation.
" )(Ours, very respectfully,
AMICUS

"This is not an hasty conclusion."
The witness was then cross,exami,,ed by Mr. Serjeant
Shee ;—Witness kept a boarding-school at Witham, and
the plaintiff taught English, French, and music to the
pupils. Believed the intimacy first took place between
the plaintiff and defendant at a rehearsal of music at the
chapel at Witham. 'The plaintiff used to play the
aeraphine at tne chapel, as there was no organ. Arrange-
ments had been made for the wedding at the time the de-
fendant broke off the intimacy with Miss Spaull. She
did not recollect having heard the defendant say that his
circumstances were such as to render it improper for him
to marry. She was sure that the sum of £2OO was men-
tioned by the defendant, and he did not say that his father
was to give it. He said that he had no fault to find with
her, but he could not marry her. tai e did not add the
word " then." After this the defendant frequently sent
to inquire after the plaintiff.
Miss Eliza Atkinson, a boarder at Mrs. Spaull's, spoke
to the visits of the defendant to the plaintiff as her suitor.
Sh 3 remembered when the match was broken off, in De-
cember or Janu-iry last ; and atter plaintiff had received
defendant's letters, she returned home very ill, and hap-
pened to stiff r so much that witness was frightened to
see her. She continued very ill for some time, and ap-
peared to suffer great distress of mind.
By Mr. Serjeant SiIEE :—The plaintiff said she had
seen the defendant, and they had had some disagreement
about a letter she had sent her. Thinks she also told her
that he had denied engaging to marry her so soon, and
told her she was always in a hurry. (A laugh.)
Mr. Alfred May, a surveyor, was then called to prove
that he had valued the stock upon the defendant's farm
at £1,175.

Cross-examined.—The land held by defendant at Tip-
tree might hot be the very worst in the county, but it was
very bad land.
Th's was the plaintiff's case.
Mr. Serjeant Shee then addressed the jury for the de-
fendant, but the jury did not seem to be moved by the
learned serjeant.s eloquence, for they consoled the de-
serted one fur the loss of a husband by awarding her
£4OO dausages.

MUNICIPAL CORPORATIONS.—Viscount Sandon and
Mr. Mark Phillips have introduced a bill into the House
of Commons, " to enable barristers appointed under the
act of the sth and 6th years of King William the Fourth,
to arbitrate between counties and municipal corporations,
to submit a special case to the superior courts, and to
amend an act of the sth and 6th years of her present
Majesty, for amending the law concerning prisons."
MR. RUSSELL AND THE POST.—Mr. Russell, the
plaintiff in the qui tam actions, threatened an action for
libel against the Morning Post, for its report of Lord G.
Bentitick's attack on his character in the House of Com-
mons. In a letter from Mr. Russell, in Friday's Post,
he accepts the offer of publishing a counter-statement,
and promises to withdraw the action, as he should be
" very sorry to punish the editor of any newspaper for
merely discharging a duty fraught with so much public
benefit as the publication of a fair report of a debate in
parliament."
MR. DVCE SOMBRE.—On Thursday the counsel con-
cluded the arguments on the petition of Mr. Dyce Som-
bre to the Court of Chancery, to suspend the commission
of lunacy that was passed against him last year. At the
conclusion, the Lord Chancellor said he was glad they
had come to an end of these proceedings. It only re-
mained for him, before the decision of the case, to see
Mr. Sombre, and that he should take an opportunity of
doing at the earliest moment. The arguments in the case
have occupied forty-five hours.
CHAMBERS AND SON'S BANKRUPTCY.—A rather re-
markable case came on for audit on Thursday last, at
Basinghall-street, before Mr. Commissioner Holroyd.
Messrs. Chambers and Son, it appeared, failed as bankers
as far hack as 1824. Mr. Hamilton, who attended for
the assignees, objected to an item charged in the audit for
warehouse rent of the bankrupts' books. In the case of
Wright there were from 5,001) to 10,000 books; in the
present a few less. Scarcely 100 of them were worth
preserving, and he thought the rest might be thrown into
the Thames. The official assignee, in reply to this sug-
gestion, said he had not courage to do so. " Then,"
said Mr. Hamilton, "I hope you will have courage to
pay the rent out of the allowance you get." The com-
missioner thought that while the assignees had custody of
the books, some place must be hired for them. Mr.
Hamilton said that in that case St. Paul's was the ocly
place. The commissioner admitted that something must
he done to prevent the accumulation of books under
bankrupts estates. Mr. Hamilton asked of what use it
was to keep books that had been in cellars ever since
1703 ? He then proceeded to explain the bankrupt's ac-
counts,to show why adividend had notbeen paid for so many
years. It appeared that Mr. Chambers had in 1820 pur-
chased the Opera-house of Mr. Waters for £BO,COO ; but
after Mr. Chambers failed and became bankrupt the as-
signees were obliged to file a bill against Mr. Waters for
a seer ific performance of the contract. A decree in
favour of the estate was obtained in 1829, against which
Mr. Waters appealed •, but the decree was eventually con-
firmed by the Chancellor in 1833. At that time and up
to his death Mr. Waters resided in France, and thertfote
it was impossible to get at him. Mr. Waters died in
1839. and in 1840, in consequence of the demise of some
of the old assignees, three new assignees were chosen.
An offer having been made to purchase the property for
£lOO,OOO, and the assignees finding then c mild not establish
their title, the representative of Mr. Waters also residing
in France, a negotiation was entered into with that party,
whereby it was proposed. on the part of the assignees, to
give him £5,000, and the purchaser also £5,000 if he
would eerfeet the title. However, as the case was car-
ried to the House of Lords, the negotiation was broken
off, and the appeal proceeded. The appeal was the first
heard this session, and now the judgment only remained ;
that they expected would be in favour of the creditors,
and then the assignees would be in a situation to carry
out the sale. That was the present position of the
Opera
twe. se n •
Nbioru.c.
haßtmeseprescatinnug tmher.blBl,artc,
st sd
tbsub-tem-
ject to the same decree of 1829, and it still it
e brought in in favour
er
s ,o ft
haactcowu
judgment of the Lords.
wanted
value of the he
t 1 Mr. Chain.
lif the assteees, that accoininittwwoeurld be £30,000, in ad-
dition to the £lOO,OOO, considered t
Opera-
house. It the judgment were against
unt to Mr. Vs atrrs representative ot
bers would stand as -mortgagee, since, 1820, and they
would have to acco
v farthing received since then, and there would be
"el"
no prospect of the
appeal would be in favour of the assignees. lie then
imticed the Chittle property and other estates. Cal-
culating .he Opera-house at £lOO.OOO, the other estates,
with the balance due on Waters account, would bring
t
it'th
woulde House y
eoaf r Lrtei cede
receive
ge a Yae judgment
dividend.
Ti sit
es e sdsei obnts.
the total amount to £186,000. He bad no doubt but
y
tt. Ihrea
proved, and to be ptoied, under the joint estate,
amounted to £'230,000; and against the separate estate
of Mr. Chambers the elder, to 1,3a,000. Such was the
state of the property at last, the management having
come into his (Mr. Hamilton's) hands two years ago,
and the prospect for the creditors was that sufficient
remained to pay 15s. in the pound. Whether the fund
in the court was joint or separate estate was the great
question yet to be decided ; upon its decision would
depend whether they received 20s. in the pound, or no-
thing. Afeer some further explanations the commis-
sioner said that from the statement of accounts read,
there was reasonable hope that affairs would be wound
up by the payment of a large dividend to the creditors.
' he result depended on the decision of the House of
Lords, relative to the Opera-house, and other matters.
The old assignees, it had been ahown, were not in fault,
as circumstances had met them over which they had
no control. The proceedings were then adjourned.
' According to the accounts the total supposed assets,
subject to a small claim, were £186,900; the debts
proved and to be proved against the joint and separate
estate to about £265,000.

SPORTING INTELLIGENCE.

LIVERPOOL JULY MEETING.

STEWARDS.—The Right Hon. Lord STANLEY, the Hon.
E. M. LLOYD MOSTYN, and the Earl of SEFTON.
FIRST DA.Y—WEDNESDAY, JULY 17.
On Wednesday the Liverpool July Races commenced.
The morning was ushered in with calm and sunshine;
but, about twelve o'clock, rain fell in torrents, and pre-
vented many from proceeding to Aintree. The rain,
which lasted about an hour, made the course heavy, and
had the effect of throwing a gloom over the proceedings
of the day. The only noticeable incident was the ejection
of Mr. Ignatius Coyle, the gentleman who figured so con-
spicuously in the Running Rein affair. We subjoin a list
of the running :
The CROXTETH STAKES of 15 sovs. 10 ft. with 30 added.
One mile and a quarter. 9 Subscribers.
Mr. Meiklam's br c Trueboy, 4 yrs. ...... Templeman 1
Lord Sefton ns br h Robert de Gorham, 5 yrs.. Cotton 2
Lord Stanley ns ch h Knight of the Whistle, 6 yrs .. Natt 3
4to 1 agst Extempore-6 started—won by two lengths.
MATCH for 100 sovs, hf ft. St. Leger Course.
Mr. Robinson's f April Noddy
Lord Glasgow's f Sister to Give-him-a-name .. Marson 2
6 to 4 on Sister.
The SEFTON STAKES, of 30 sovs. each, hf ft. for 3 yrs
old fillies. One mile and a half. 6 subs.
Sir R. W. Bulkeley's b m Emma, by Picaroon.. Rogers I
Mr. Irwin's ch The Pride of Kildare
M
2 started—the Pride came in first, but disqualified,urphy2
being 2lbs. short in weight on coming to the scale Bet-
ting 6 to 4 on the Pride.

The PRODUCE SWEEPSTAKES of 50 sovs. each, bf ft, for
3 yrs old. Two miles. 9 subs.
Mr. Mostyn's b c Brunel, by Velocipede.... walked over.
The MERSEY STAKES of 25 sovs. each, with 50 added,
for 2 yrs old ; colts Bst ilb, fillies Bst 41b. T.Y.C.
The second to receive 50 sovs. out of the stakes. 20
subs.
Mr. Mostyn's b c Pantasa, by Picaroon Marlow 1
Lord Eglinton's br f Bretwalda, sister to Egidia Marson 2
12 started—Won by half a length.