The Statesman.
London, England, 1819-09-15 00:00:00

TIIE STATESMAN,

NSW SOUTII WALES.

SUPREME COURT, Aso. V, Mt.
Dot, DU TUC MHO ON 111, Mtn AND

wt ee.
In this ease, the Learned Jade, (Finis) Rate it
as Isis opinion, that a Goverment lease to the wife
of s convict transported hither, vested is the bete.
bend; and that No power bet that of the Crows
could take sway from a penes who bad bees at-.
tainted of felts", either real or penes.% estate; and
that, its Pee of feel WSW, the utmost the Crows
Held do, is 'Minden glace the 17th of July, 1514,
was to take the profits of it aerie( the coselet's Mb;
for the late hems.* Statute of the 54th of his present
Majesty, e. 145, had abolished eertepsiew of blood
Mon cases, bet these of treason and molder. As
Inv as the Crews left a enniet's property eeleeell*
ed, his Hoene shield, therefore, held him 'stilled
to dominion stet it, sod lease the Craws to set
adds any &peeling of it which may deprive the
Kist( of his right..
And sating cut be dose is the Coeds ben,
without the recent of cooviction or jedgment, or ao
attested copy thereof. For this reason, the inhabit.
sets of this colony bon always Men admitted as
witnesses Is its Cents of Justice, whether canine
et reketheiner dlibrest degree of credibility He
Couseseesybom notched to their icalisosy, whoa
MMilleted ea hood or hoe; and this, net Ins frees
Ilesessities of koala M a enemy oemposed like
if New Mesh Wales, Has from the stela Hies
111 British Law, which do set tors a wham
leiteay tram the bee, spins nth proof be produced.
Awl it is ementially just, that aniline less should be
Ift4eired; for wham thel sitars' say ban bees
Inasperted hither by Statute 4. G. I. e. 11. 'obit'.
toting trassportalion for horsing in the hand ; mad
hig time may Mee expired, le which ease the S atete
Hawes him both to his competency es a sheets and
M hie perky of blood; perhaps he may have been
one Mahn la., • term of yean se the condition of re-
Miklos the King's pardon, and the tens may bare
eMpirod; the Kise's pudea would tins tenors him
Is the same right. Perhaps be has bees transported
*her for a misdemeanour, which does not neon*
the psealtki of correploo of blood mod Meow-
MOM le IMO and attest. Till the record of the *B.
news convictios sod judgment is pet is, all those
things cannot ha knows. The King's, or the Cu.
ternos's obsolete pardon would, of coarse, rutin
lie to his compel/rosy, olden his conviction be fee
pity, Of nborsation of perjury, the Stahl.
• . C. 11. sad to his blood, as to after-aeqsised
limpets'', or after.born cbi'dren.
Mr. GAILINIII, for the Defendants, cottontail",
that the Gevernasest of this Colony meant to treat
the wife as a femme sole, sod to give this lease to
her, aid sot to her hatband.
Bet the Lensed Joliet held, that anise the inn
bad hero made to tonnes for the wife's typeset* see
se power amidsee,
pretest the chattel from becorsho;
the hothead's by operation of law ; sod that that
hand myst dispose of k milkiest the elfe's messent.
Where • transport's wife issues is Wood, she
Mt then bees newidered as a femme sok for per.
poets of swiss sod beteg teed, het that was by res.
me of her benbasd's newassery abseses. There was
eel, oat case, and that won is a Gild of Equity,
le which the wife of a ',Gosport had bees permitted
to retain personal property, divelying epos her since
the mange, es • pain sole. That was the case
of Newsome v. Bowyer, 3 Peen Williams 37, Is
which the husband was attained of felony, sod per.
dosed epee condition of trasspertstien for life.—
Afterwards, spew the death of the wife's father (who
was a Presses of Lead's), • share of the orphanage
I pert nine to her; sad the Lind Chancellor (King)
ordered the mosey to be applied to her maintenewee
lemon further order; esti afterwards, the kestlemil
dying, sod the wife marrying spin, it was nand
to be paid to the second Mahood. Bet eve* is that
ease, all that equity did, was to supped the mosey
till the death of the misspelt, till when, es the par.
des was castanet, for traesportatios fur the what
term of his life, the Crown might hate claimed it so
'the Mishears property. Here the hothead is pew
soot, sad takes, by the operates of law, arias* all
but the Crows, which make forfeit of the chattel, if
it pleases to take away with one Mod what it glees
with the other.