The Statesman.
London, England, 1820-11-18 00:00:00

CONSISTORI COURT, Nur. 17 .

Ilatnes Ail 11101111VC,
was a case of nullity of marriage, by memo impo-
tency, arising front physical ival-foruiaAion. The
that extraordinary cireniii•tance of the suit, and the
ono by which it is distinguished from almost terry
Other of a similar character, is, that the wit, against
whom the impedismemient is pleaded, is here-proceeded
against by her second husband ; no proeein of any
kiud having ever been taken out against heir by her
former one. The case was argued at some length, in
Jane last, upon the admission urea allegation on the
part of Mr. Briggs, in which the Court at that time
provisionally arquieseed. The present question arose
oat ofa protest on the part of .the wife against ell far-
ther proceedings in the eas, ; intending,- olk cuprite,
to tuck& the libel ti be offered by the party Iwo-
pon,at. Tlse protest being given in, was defended,
as a valid plea in bar of further proceedings, by Dr.
Arnold and Dr. Pbillituure, Counsel for the lady. It
was stated that her first marriage bad been properly
eemummated ; and that by reason of her present are,
51 years, It could not with any propriety, or in law,
be required that she should be subjected to the ia-
'per tio noetrunNam ; and, in coneliision, it was prayed
that the Court might interpose to stay the suit, the
grounds upon whi ,'i it was brouzin being unfounded.
Dr. JESNra, on the other hand, as Counsel fur the
husband, contended that, so lout as the Court eon-
tinivil to receive sueli eases as the present, this w
the only way of proceeding- which could he ailooted
with respect to them. If it was ten as the wife al-
leged, that her firs! in trrirge hail been duly consum-
mated, surely that was the very rearms why it was the
more easy that such an inquest shou!ii be had, and
why the result of it should lie derisive. The prayer
of the protest, therefore, could not be sustained, unless
that specie* of ingot:Ty were previously nude, and pro-
perly certified to the Court.
Dr. I,i-sittseros, on the same si le, referred to the
opinion delivered by the Court, in a former stage of
this Snit, upon the Myth of June last, which was to
this eifect:—". This is the ease of 3 husband proceed-
ing against his wife, in a suit of nullity of inarriaee,
by reason of impotency. The Inderency of su.-h snits
has been objected, as a ground why the present one
should not be entertained; but the Clout cannot re-
fuse to entertain it upon that plea: and in the ease of
" Ball r. Ball," which was put 'out of these Clews
Rio' the saute pr:n•iple, the High Court of Delegates
decided that indecency was no bar. Neither is the
impossibily of proof a good objestion ; or else, whence
arises this Court's jurisdiction over such suits at all :
It has been objected, too, that no suit having been, is
this case, instituted by the party's first husband, it Is
to be presumed that the alleged defect does not, in fart,
exist, and that, therefore, this snit is unfounded ; but
non cantata that the former hushand hail out goat./
reasons for his silence, arising from his teluetsuei to
take out proceedings, or from some other cause. I
cannot admit the non-specification of this defective f or-
-01461111. becsu I' it is here particularly set forth: and
the objection relative to the coltabiralio 1. irodiJlit does
not apply to the ease before one. The age, however.
is not specified with sufficient precision; and I mug
admit the allegation, leaving it open to the insert{
of that plea, in the usual form, and iiith the requisite
particulars." Dr. Liishington went on 1.1 observe, that
the Court, in delivering that opinion, having thus es.
pressed its wish that the age or the lady should besets.
cifiCally and precisely pleaded, it was now alleged to
the protest just brought in, that she was in her 51st
year bat the Court would see that no certifies!, of
iior birth was produced, as it ought, in all propriety,
0 be.
Sir WILLIAM Store said, be certainly looked at
age of the party as a point of very considerable
Iveiglit is the caw.
istabr, Ixsuisieom continues.—Me /oiled Unlit in
rebren. bore on'the. AA of fisairilirk
the lawful daughter of James Ai!a-n tibmeife.