The Statesman.
London, England, 1818-07-14 00:00:00

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COURT OF CHANCERY, JULY 13.
TEMPEST V. ORD.
The great interest which this case has elated has
drawn into this Collet every morning a great eon-
courtly of petition armless to hear the result. This
. morning the Coat was unusually crowded, from the
expectation that final judgment would be given.
The Loan CHANCELLOR, as soon as hit had taken
his seat upon the Bench, prOceided to give judgment.
He commenced by observing, that he had considered
- the case of Lord Stewart and*Ledy Vane Tempest
with the utmost anxiety. With respect to the most
important consideration in the case, namely, the
inclination of the young Lady herself, he bad thought
it necessary to consult her personally ; he had re.
' • presented to her mind every view of ihe subject, and
had stated to her every objection to the match ; he
had endeavoured to draw her mind to a just cord-
' deratioir as to all the cbjections that hid occurred to
'him. He bad done so repeatedly, in order to afford,
her time for farther reflection ; the result was, that
he• was perfect satied, as far as e could be sati
-tied of any hag,thin tt her determination was anasl-
-
tered. It was reduced, therefore, to a question of
'time. With regard to *acme other points, be had
• felt it his duty to make those enquiries which the
Master, with all the powers of his office, had not
been able to make: he had also enquired upon points
)that had occurred to liimself on looking at the papers
laid before him. In the course of his investigation
✓ ' a' with reference to those points, a motion had -been
' made for a Commission to examine witnesses ; he had
• neaten able to find, thatthitlo the course of the juris-
* diction of the Court upon this subject, the nature of
•.• "'Stich he was prepared to say be was perfectly ac-
.'u' Apielnted with—he had not been able to discover any
1" ;'eludrinstance in which such a Commission had been
issued, nor had he been fureished with one instance
by the Gentlemen at the Bar, who had promised that
they woold furnish hiai; he had, therefore, been
obliged to make the necessary enquiry, by calling
for affidavits. It would be difficult to state in detail
(what he thought would be better understood by the
Counsel on both sides) his reasons why the affida-
vits had satisfied him, that in a long course of time,
and with reference to a numerous family, there'
wesTnot an imputation of the kind that had been
alluded to; and he could not but think it his
duty to say; that if there had been any instance of
the sort (inianity) in past generations; in afamily
so numerous, it was not to an extent that would jus-
tify him allowing it to have any weight upon his
judgment. Ile did not know to what extent lie
should go, if he acted upon soch a principle in any
t,'• 'family. There was a great difference with respect to
• the objection to which' be was referring, where the
• matter was of recent date. Under these circuits.
1- Mantes, and looking at the objections, all of which
I. -had been folly explained, *and all of which had been
presented to the mind of the young Lady herself in the
9' strongest point of view ; considering all the objec-
tions separately and together, he did not think him-
self authorised to say that the Master had come to a
. wrong conclusion. There had been some mention
' of an appeal to the House of Lords; and certainly
such an appeal lay. He believed there was so per-
- On:* who bad" a less objection to a proceeding by
• ,peal to the House of- Lords than he had. Ile
'•` 'wished to Say now, that if the psrties thought proper
Wilke a reasonable time to consider whether or not
'Sae should bean appeal, the reasonable time ought
'fik Ili given ; and if they should determine to appeal,
it would be his dety
.to mice are the benefit of the
ipeal was aot lost. This be should do by making
I order that should secure the person of the youug
tdy , but, under- the view 111 took of the case, he
Is of opinion his order would be effectual without
intinoing the other restraints which were imposed
different persons : this was the view he had taken.
had happened once, that with reference to the care
infants,lbe House of'Lords had told him that he
was wrong-C he bad exercised his judgment to the
best of his Oiler, and no man ever did exercise his
;udgment with more painful anxiety than himself.—
in the present case, censidering the difference of age,
and the circumstances that ,Lord SteWert,had a son
/ho would inherit hialitia and fortune—and con.
sidering the other circumstances mentioned in the
case, he could not represent this as the most eligible
marriage the young lady coold contemplate; yet he
could not see any principle opon which he could de.
ermine that it was an improper match. He begged
that Sir Samuel Romilly would let him know, after
taking a reasonable time to consider, whether he
meant to appeal to the house of Lords, in order that
he might arrange matters in a way as little objection-
tble to all parties as possible.

COURT OF KING'S BENCH. JULY 13.
BOOSWIELD O. CROOKE,
The Plaintiff, who is an attorney, brought the pre-
sent action against the Defendant, an auctioneer, to
recover damages for a trespass, in entering the Plain.
tiff's house, in Bouverie-street, under a distress for
rent. The facts stated by Mr. E. Lawn, for the
Plaintiff, were the following:---
The Cause of action arose in the early part of 1816:
the Plaintiff had long been tenant to the trustee of, .a
lyie. Elliot, and regularly paid his rent when doe ;
that trustee, of the name •of Clarke, became bank-
rupt, and the house in which the Plaintiff lived, and
the two adjoining houses, *ere thrown• into Chan-
cery, and it was directed that they should be sold by.
auction: the Plaintiff bought them, and from that
time of course was the freehold proprietor, bat he
was astonished one uftirnoon, on arriving from West-
minder-hell, to find that the Defendant had put a man
into possession, under pretence thsJ rent was due.—
.The Plaintiff sent for the Defendant, and remon-
strated, bet in vain, for it was reqUired that hw
should instantly sign a replevin bend ; the Plaintiff
of course refused, and insisted that the man in
possession should quit the house. The Defendant
immediately sent for a coach, and was proceeding to
remove some of the Plaintiff's books and other ar-
ticles{ when, to prevent expnsure in the neighbour-
hood, the Plaintiff consented at length to sign an un-
deriaking to the Sriff. Soon afteiwards the Plain-
tiff left tows upon bossiness for a few days, when the
Defendant, ‘availing himself of his absence, put an-
*Aber man iota possession, who could not be re-
vved until afriend of the P4tOntill) ob his behalf,

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