Roach v Garvan
| Jurisdiction | England & Wales |
| Judgment Date | 16 November 1748 |
| Date | 16 November 1748 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 201
HIGH COURT OF CHANCERY
roach v. garvan. (Reg. Lib. B. 32.) 16 Nov. 1748. 1 Ves. 157, S. C. Lord Hardwicke, C., took the infants from their mother, and put them under the care of Mr. Potter, and ordered them not to marry without leave of the Court, and restricted them from receiving any letters, or message from particular persons named in the order.
English Reports Citation: 27 E.R. 954
HIGH COURT OF CHANCERY
eoach v. garvan, November 16,1748. Guardian and ward. Marriage of a ward of court to a foreigner out of the realm. (See De Manneville v. The Same, 10 Ves. 52, &c.)-S. C. 1 Dick. 88. Major Roach having two daughters, one born at Fort St. George in the East Indies the other at St. near it, sent them to France for their education, and put them into a nunnery. Mr. Quan, one of the persons in whose care they were left, and a banker at Paris, married the eldest, who was then [158] about the age of eleven (as appeared by the best evidence) to his son then not seventeen. Their fortune was in the power of this court; and their mother applied to Lord Chancellor for the guardianship ; which was granted. Out of her custody the young ladies now petitioned to be taken, upon affidavits of her putting them to separate boarding schools, and endeavouring to marry the younger to one Sparry; and to have some other proper person appointed to be guardian- Quan petitioned for a decree for cohabitation with his wife; and to have some money out of the bank. And the mother petitioned for a reimbursement of her expences in bringing them over. After a long and full hearing Lord Chancellor delivered his opinion. The reason I let this cause run out to such a length, was, to give several persons, upon whom aspersions were thrown, an opportunity of clearing themselves : and 1 VES. SEN. 159. ROACH V. GAR VAN 955 it is certainly a melancholy consideration to see so many private conversations and accidental circumstances made public, which were not intended to be so^ These ladies were subjects of Great Britain; for though one of them was born at a place, which it does not appear, whether it belongs to the king of Portugal, this crown, or the Great Mogul; yet being born of a natural subject, the statute of Queen Anne (1 Ann. ch. 5, explained by 4 Geo. 2, ch. 21. The other Statutes referred to are 1 Jac. 1, ch. 4 ; and 3 Jac. ch. 5. As to which see Supplement, p. 86) makes her a natural subject nor can naturalization by a foreign prince change their allegiance as has been said. The reason I refused to send over money for their maintenance was, that I should thereby have transgressed the statute, which makes it criminal in such...
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