Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-04-28

defenders OF the parties before you pGrere, when
has been given by eminent English Jursconsui,
were exclusively to be considered, there would be
end to the question, fer the wife would be IN the
same situation regards the laws Of both countries
law has not been correctly laid down in the pdrere,
and portion OF the English law is quoted. as also
Act. 543 Of ths common law of Normandy, in support
Of this assertion. These authorities do appear to
me to destroy the authority Of the pdrere. 1t has
been stated that in prosecution in Engl land against
the Court Journal, Lady Bullver had sued in her
name without the assistance of her husband
and had obtained a verdict; but il appears on the
contrary, that she acted with his concurrence. If
Lady BIwer came before us, and said that her hus-
band had refused his authority to her for the prose
caton OF grave offence OF which she had been the
victim, and had opposed her by trick of proce-
dure at the threshold Of justice, then indeed should
comprehend the necessity Of granting to her assis
lance; but is that the position of Lady Bulwer1 Is
the course which she has taken the only that
was open to her? There is another more simple and
expeditions course, and l am astonished that Lady
Bulwer has not adopted It, Lady Bulwer might
have herself to the public law off GERS de-
nsuneing the offence, and, their taking it up
public prosecution, If on investigation 1t should have
appeared that offence against the laws had real
y been committed, she might have appeared in court
and given evidence as a witness. BY this simple
course she of Obtain ing justice The learn
ed gentleman concluded by stating that he consider
ed the parere well founded and that the objections
20 Lady Buwer's prosecuting without the authority
of her husband, ought 10 be admited
NJ. Perryer-I beg to be allowed to reply few
words
The Presidential il be for fact connec ted with
the process, the Tribunal will hear you. If other
wise only the defendants entitled to to be heard
after the law officer of the Crown.
The Tribunal withdrew to deliberate at ten min.
u,es of one o'clock, and groups were formed of
the auditory, discussing the affair With great
deal of animation. At a quarter past two o'clock
the Court entered, and the President amidst pro-
found silence, read the following judgment:
"Considerikg that the legal qualifications OF per-
sons are governed by the laws and customs ef the
country to which they belong, whatever may be the
place of residence
"Consde ring that the law which makes the right
of bringing actions is especially PERSONAL nasmut
as in point of fact Lady Bulwer is an English woman
and reference therefore must be made to the laws OF
the country order to know whether she can regu-
larly proceed in Court of Justice without the au
thorisation Of her sband
"Considering that the case and opinion (parere)
dated the q st instant, emanating from English law
yers Sldgistrdts it results that the married women
cannot sustain any process in her own name, without
the authority of her husband and il such an action
is brought the husband has tire legal right to put
stop to such process and that the law makes no dis
tinction in cases of separations by mutual consent
between husband and VIE
Considering that from the above premises 1t re-
suits that Lady Bulwer ought to have provided her
self with the authority Of her husband, which she
has not done, but, the contrary, the husband has
forward to refuse his consent, for these rea-
sons Sir T. L. Bawer is admitted as party interpo.
sing;
deciding upon the plea of nonsuit non receroir,
the Court declares Lady Bulwer not receivable at
the present moment her action, unless she appeals
if she be so vsed condemns her to pay the costs
and orders that the parere Cease and opinon) above
referred should be unregistered at the same time
as the pre- ent Judgment"
nj. Charles Ledru rose, and applied to the Court
that his action for libel against Thackeray should be
put off for month, as he could not enter into the
discussion Of the facts involved In 1t In the absence
of Lady Bulwer.
NJ Blanshet said that he could for
the adjournment, as 1t was for article In news
paper which could be produced at that moment.
nj Ledru said that his case was mixed up with
that of Lady Bulwer the action had the same facts
for foundation He demanded, therefore, the post
ponement.
NJ Blanchet- The only point at issue in NJ. Lee
dru's case is to know whether Mr.. Thackeray's let
ter affected his honor character, and the docu
ment would speak for itself.
The President-The Tribunal will Of course take |
planned Of. There might be some reasons why the
case should be decided Immediately, and, persist
ed in, he should hear II now. -
Nj. Chalk de PEstange, on the part OF Nj: Ledru,
said that the of the latter essentially depended
upon the same facts those which arose in Lady |
Bulwer's, and he conceived that II could not be de-
cided without il.
The President said that the Court was not bound |
to Join and hear the two together, bat. as fur
the in structons might be required from the turn
the other action had taken, the hearing should be
postponed for a fortnight. -
numerous assenblase retired, much disappointed
that adv Bulwer's attempt TO obtain justice had
been frustrated by a technical objection.
IL was stated by Lady Bulwers friends, that she
would take the course indicated in the speech OF M
Ternaux the substitute Of the Kings Proeareur and
that further proceedings would be adopted
From Gagnani Of Saturday.
We learn that under the advice Of Messrs. Ber-
ryer, Marie, Chalk d'Estange and Charles Ledru,
upon consultation Lady Bulwer has laid an appeal
against the decision rendered yesterday by the Tr
buna de Premiere Instance, in the process against
Nessrs. Lawson and Thackeray. This cause will,
we learn, be heard before the Court Royae in few
days.
I've have received the following letter from NJ
Charles Ledru:-
"Mr. Editor-I was much surprised at seeing in
your paper Of this morning that M. Blanchet, coun'
sci for Messrs. Lawson and Thackeray, IN the pro
cess against them by Lady Bulwer, had said, in aa'
swer TO question from the President, that his eli
emit Mr. Lawson, had laid a complaint against me
before the Council OF the Order OF Advocates on the
subject Of letter which published in the Gazette
des Tribunaux. | do not deny that M. Blanchet ut.
tered these ords but beg you will announce that
neither my hon. brother, NJ. Chalk d'Estrange nor
myself heard them; and that if I had heard them !
should have Immediately given an answer sui able
to the assertion. The time will come Accept, &c.
&C. LEDKu."
THr CHINESE NAvY.-The Pskin Gazette OF De
cember 18th 1889, contains paper Of six pages con-
corning the navy Of China, from the pen, or rather
pencil, Of his Imperial Majesty. IL was ocoasioned