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![handle is hein.slavery/ssactsengr0125 and id is 1 raw text is: I KNAPP, 363 CONWAY'S (COUNTESS DE) CASE [1834]
declaration would, of itself, be of very little weight, for it does not appear that, any
record of any declaration made by the, debtors of English subjects had been preserved
at Marseilles. It does not, indeed, appear that any had been made, but one would
hardly have expected such a case would have happened at Marseilles, that there
should have been no debtors to any English house, and, therefore, perhaps one can-
not lay much stress upon the absence of those written documents; but still we have
nothing but the assertion of Larraguy, and the circumstances under which that
assertion is made must always be taken into consideration, of what proof there is
to satisfy our minds that a declaration had been made in accordance with that
assertion. Now that assertion is made when he is asked for the payment of the
debt, which his [363] house had previously refused to transfer according to the
delegation of the 10th of May, and, therefore, it causes a suspicion to arise whether
the declaration had been made.
Having nothing but these circumstances, therefore, upon which they could found
the assumption that that declaration had been made, or that the house was solvent,
their Lordships are of opinion there is no sufficient proof before them on which
they can safely rely, so as to disturb the award made by the Commissioners, and
to decide that these facts have been satisfactorily proved, which would entitle
Firmin de Tastet and Co. to the compensation which they seek by this appeal.
The appeal, therefore, will be dismissed.
[Mews' Dig. tit. WAR; 4 WAR INDEMNITY. in respect of what matters. See Pilking-
ton, v. Commnnssioners for claims on France, 1834, 2 Knapp, 7; Genesse's Case,
1823, 2 Knapp, 345'; Bourdiet's Case, 1834, 2 Knapp, 353.]
[364] COUNTESS DE CONWAY'S CASE.
The MARQUIS DU BOUCHET, Executor of the COITESSE DE CONWAY,-Ap-
pellant; The AWARD of the COMMISSIONERS for LIQUIDATING BRITISH
CLAIMS on FRANCE * [June 13, 1834].
The foreign wife of a British subject is not entitled to compensation for the
loss of her separate property, under a treaty providing such a compensation
for British subjects, unless she has herself acquired a domicile in Great
Britain at the time of her loss.
A foreigner domiciled in Great Britain is, under such a treaty, entitled to
claim compensation for his losses.
This was a case on appeal from the same Commissioners as the preceding cases.
The Comtesse de Conway was a French lady, who, married, on the 1st of June 1777,
the Comte de Conway, an Irish officer, at that time a lieutenant-colonel, and after-
wards a general in the French service. They appear to have lived, after their
marriage, in France, until the commencement of the Revolution, when the Comte de
Conway quitted the French and entered the British service, in which he was, on the
1st of October 1794, appointed to the command-of the 5th regiment of the Irish
Brigade. He continued to hold this command until his death in February 1795.
The Countess from that time received a pension from the British Government as
a colonel's widow, until her death in 1828. No evidence was produced to show that
she had ever been in Great Britain.
During her coverture the Comtesse purchased several rentes perpetuelles and
rentes viag~res. In the contracts by which she acquired them, she was termed the
6pouse non commune en biens de Messire Thomas Comte de Conway. The last
payment she received [365] on account of any of these rentes from the French
* Present: the Vice-Chancellor [Sir Lancelot Shadwell], Mr. Baron Parke, Mr.
Justice Bosanquet, the Chief Judge of the Court of Bankruptcy [The Hon. Thomas
Erskine].](ViewImageLocal?handle=hein.slavery/ssactsengr0125&div=1&collection=&method=preview&ext=.png&size=3)