The Statesman.
London, England, 1821-10-29 00:00:00

LOWE V. MANNERS.

This wu a novel cue, and was of considerable in-
terest, respecting** construction of the last will of
Sir K. Lowe, deceased.

The testator, it appeared, possessed large estates in
Derbyshire, which he bequeathed by will in effect as
follows :

To three natural daughters he left the option of
. .

marrying one of three brothers of the name of Drury.
These gentlemen were their cousins; and on condition
of that, the husband whom either of the daughters
should marry should take the name of Lowe. Thin
he (the husband of el:her of the said daughters)should
inherit these estates, to them and their heirs for ever:
bat in default of any of the daughters making such
choice, then Mr. Wm. Drury was, without the con-
dition of marriage, to take the estates as heir at law.
The will further bequeathed to each of the daughters
10,00/. portion, in default of marrying any of the
three cousins as desired, provided Ole chose for her
husband any gentleman whom the executors should
approve, he being of respectable character, and pos-
sessed in his own right of 5091. a-yea, : then the sum
of 5,000/. portion was to be paid him on his marriage,
and 5,1100/. in six months afterwards. Of these several
portions, payable on condition that the daughter tuar-
riesi according as directed, the testator charged his
real and personal estates, imposing these injunctions.
Charlotte, the eldest daughter, it appears, married
a gentleman of the name of Heath, who did not pos-
sess the qualifications required ; consequently he for-
feited the 10,000% portion with his wife. The others
chose to marry contrary to the terms prescribed by the
will; so that the estates were claimed by Wm. Drury,
who, in order to be entitled, takes the name of Lowe.
The issue now was, to try whether, by the terms of
the will, the estates could pass to the heir at law, in de-
fault of marriage of any of the daughters as specified
in the will. Thidifficulty of the case arose from the
complicated manner in which the wilt is framed. One
of the daughters becoming a widow, afterwards mar-
' ries a younger brother of the Drury f unity, by which
her husband claims the estates, and it is disputed by
the elder brother, who contends she does not become
entitled, because she bad nut originally conformed to
the terms of the will, it being evidently the intention
oldie testator that she should choose one of the
Drury's for her first husband. The question which
remains to be determined is, whether the estates can

PRICE SEVEN PENCE.

been paid the sum of 791. wages due to him, in goods,
and not in money, contrary to the provisions of t.:e
Act of the .12th of Oeorge I. Rogers was called ati4
deposed, that about three years ago he obtained work
from Mr. Kaye, for two warp machines,
at the full •
price, and was paid is money; he bad been working,
before, at another place, and was paid as four fur five.
When he bad worked for Mr. Kave about a month. he
was told that he must receive half his wages in goods
and half in money, as the other men did, and he con-
sented, receiving watches, breeches pieces, a parasol,
tea-caddy, prints, and such like articles, some of which
were produced in Court. Thus he worked for a I.ng
time, and at length made a fresh contract_ for some
figured work, for which be was to be paid all in
money. He was not paid according to agreement,
and applied to the Police Offule for the payment of
the wages which he had been paid in goods, and
on this complaint the Magistrates made an order
for the payment, and grinted a warrant of distress.
After Mr. Hurst, for the respondent, lia4l been beard, •
an attempt was made to compromise the matter, but it
failed, and Mr. Parsons was heard fa the appellant.
The Learned Recorder said be would look into she
Acts of Parliament referred to in the course of the
evening. and would give the judgment of the Court
on the following day; accordingly on Friday. the
decision of the Court Nis pronounced in favour of the
respondent. The Recorder observed. that :he fails
in this case were not disputed ; the only question v.... 1
as to the construction of the Act of Parliament. It
was admitted on both sides, that providing the pay-
ment in goods was a last MI payment, nothing .wonl.l
now be coming to Rogers, he would have been paid
the whole of his demands; but if payment in gn0.14
was no payment in law, it could not be disputed that
the Magistrate had a right to grant a warrant of dis-
tress on the complaint of Rogers. This question
turned principally upon the construction of the 31
and 4th clauses of the 12th Om I. c. 34, the pr..-
, visions of which, by the 224 Geo. 11. had been
tendert to the cotton trade. Ile believed this was the
first judicial opinion which had been given on th's
point. and sifter a very careful perusal, on the host
c ius ruction he could put on the different Acts, he w.t.
hound to s.iy, that he tliouzlit the Magistrates w-ro
right, and that the warrant was good and valid. Tho
third clause enacted. that the mutest: should be made
in good and lawful money; no v if that had been ..11.
the pro. ecdi•ig must have been by in tictinent : hit•
proceeded further, and said that the payment isliott!d
not be made in goods. and ter noa-payment in
-
money the Magistrates were to Hsu, their warrant of
distress. Now it was wit come AA that there ha.t
been any payment in money, and therefore the war-
rant was properly created. Mr. Parsons hail ably
contended, that if so, the fourth clause, which enacts
a penalty for payment in goods, was in this case tiwra-
tory, but he thought it was accumulative, and th.Lt
this was an additional fence and guard fur the wor!c-
man against the oppression of his master in 1),
times. Under all these circumstances, his judgment
was, that the paymeotin goods was nu payineot at all
under the Act of Parliament, and therefore that the
Magistrates had done right in granting their w trr tat
of distress.—Appeal dismissed. Mr. Parsons in-
stantly signified his intention of removing it t,.
Court of King's Bench, if he should find Ciat he tha
liver so to do.