Court Of Chancery, Wednes...
The Times, 1824-02-05T00:00:00

LA W REPORT, Mr. 1JART.-Your Lordship may remember that. I applied to you 'before the:Iast vacation, for an order to a clergymaw in }Vales. ind others, to appear before the Court that they msy account for contempt of Court and breach of a previotas order of the Court, inhi. biting the solemniwistion of marriage and intercourse of a certain arty with the ward in question. The factswlere these, my Lord:- Tphe infant is a young lady, whose mind certainly appears to have outgrown her person ; her mental maturity seems to be quite prema- ture. She was domiciled in a respectable family of the name of Byers,.tbr the purpose of receiving a proper education. She ar. rived at her 14th year; a beneficed clergyman, MIr. John James, lived in the neighbourhood his daughiter frequented the same school, his younger brother, Alr. James James, vi-ited there, became aqiatnted with the waid, and after some time they thougbt proper to elepe, and get married by a Welch clergyman, Mr.Evans. It appeared thsat the Rev. Mr. John James hba lent his horse to his younger brothe- on the occasion of his elopement. Al v in- structions on my former application were, that he and the delch clergyman had knowingly and willingly conspired and assisted in bringing about the marriage. I am happy now, my ILord, te say that titirher of the gentlemen have acted culpably or improperly. ,Kr. John James ha made an afftldavit, in which he srwears that he certainly did lend his horse to his brother on that occasion, but with. out knowledge of the use to which it wasto be applied-that he was previously in the habit of assisting his younger brother with money end other matters-that he met the partieson their way.remonstrated witlh them on the impropriety of their conduct, and requested the young lady to return to her school. She, however, witb a peremp- toriness not, I hope, very common among young ladies of her age, declared her positive determination to proceed on her hopeful joumey. I have also an affidavit of Mr. John James's daughter, her school. fellow, wlho left it with the parties; hut, as she swears, without a knowledge of their intention of eloping. They met her tather on the road, who took her away from them, and after that period she had no communication with them whatever. The Rev. Mr. Evans swe;ts that the young ladv was- represented to him as of the age of 1 years: tbat they requested him to pablish tle bans of their marriate; tbat be did publish the bans of marriage on three sevevas times, with the usual public ceremonies, and joired the parties in marriage accord. ing to the established regular rites of the cburch. The witnesses to the marriage als6 stated tbht they had no previous knowledge or concerted connexiion witi the parties, one was the clerk, and the others, persons who happened, througb accident, to be ioi the church at the moment of solemnization. Under these circumstances I am happy to remove unmerited inculpation from the parties to whom I alluded. The husband, in order to escape the power of the C(ourt, left the kingdom and went to France, where he now is; the wire is at present domiciled with her guardian. 31y present a1pplication to your lordship is for reference to the .Master, to ascertain what sum is sufflcient for the separate maintenance of the lady. This sum is to be paid out of 12,0001l., her property, now lying hi the hands of The LORD CIrAxcEr.r.nnR.-1Vas not the ward's mother presEnt, and consenting to the marriage? Alr. HART.-My Lord, no; she has no legal mother; tee ward is illegitimate. The LORD CHANCELLOR.-I have no objection to grant hef u sel arate maintenance, but in such a manner that her husband shall have no control over it. Mr. HART.-t have also to apply for sn order to the husbanid to appe<ar before your Lordship on a certain day. He is at present out of the kingdom, througih the notion, that by remDaining out of the ijirisd,irtion of thle Court uitutil his wife shall be 21 years old, lie may, after that time, return, secure from anv punishlimlent for his contempt of Ctourt. This is a gross mirtake: ? however long he mav remain away. wlhenever he conmes bacl; he will be liable to any punishment which the Court may think just to inflict on him i it is better lie should return as soon as convenicint, and try wEhethier, by making a prolier settlement on his wife, lie can appease the justice of the Court. The LORD Cn.4NCELLOR_-T'ake an order for his appearance on the second day of next tenn. COVENT-CARDEN IFIIEATRE.-CONST V. THARRIt. Ilis Lousristr, after some discussion on the effect which the deed of 1812 may have on the deed of 1822, relatiVe to the lessees of Covent-garden, gave notice of his intention of giving jutdgment on the case finally to-morrow morning. CVTRT T ?Fr V.AVRF;gV. Wrnmimn.AT. 1PR. 4. * STOLEN AtARRAGE.