The Sun. — London, England, 1823-11-15 00:00:00

I I • I NUAIBER 9744. VERY FAST TRAVF.LLING, TO DOVER, DEAL, HAMSGATE, MARGATE, AND CANTERBURY. FOUR INSIDE COACHES, AND KEEP GOOD TIME, BY S. A. MOUNTAIN and Co. SARACENS HEAD INN, SKINNER , STREET,' SNOW HILL, LONDON. TIIE following LIGHT POST-COACHES, and MAILS, &c. set ont 'from the above !nit:— The Royal Telegraph," DOVER, Deal,'ltumagate, Mar gate, Brosidstairs, Canterbury, Ferershani, and Sa tidwick new superior fast Coach --every Mousing .at a quarter pa6t Seilgt is Clock. In consequi ace of the decided preference given to the Telegraph cuach, the Proprietors are determined. no eepence shall be spared to rends, it the first conveyanee on the Kent Road. BROM PTON, Chatham and Rochester, Gravesend, Stroud, Sittinghourne, Rainbow, and Ospringe, Moroing, Quarter past 7. . . -The " Tally 110," to BIRMINGHAM, in 13 hours only, and driven through with two Coachmen, fast Dae Morning at a quarter before 7 o'Clock, through Itedhurn, Market Street, Dunstable, Bricl,hill, Fenny Stratford, Stoney !,.tritfttrd, *ToWcester, W'eedon, Daventry. ittincloirch, Co; ventry, and Stone Bridge, to the Castle Hotel and St. ticorge's Tavern, High.street, Birmingham, to Shilfnall, Wellington, Itridgenorth, Shelton, Shrewsbury, Salop, Oswestry, Nant wich, Tarporley, Bangor, Chester, and Holyhead --1 n con sequence of the decided preference given to the Tally Ho Conch, the Proprietors are determined nu expence shall be spared to render it the first conve,atice on the Birmingham Road, i'Die "Sovereign,'' New light fast Coach to FALNIOUTH, n'ettUuulit, Exeter, Iron ) , Bolton's, Penryn, Ashb ur t on , Tot , Dartmouth, IVeyrriouth, Dorchester, and Salishory, ""rY morning at Seven ; through Honiton, Axminster, liridpi'rt, Ilhoirlford,Stockbridge, Stu ton, Basingstoke, Hart ford Bridge, Blackwater, and lingsbot. WOLV ERHAMPTON, Dudley, and West-Bromwich, through Coventry, the only Day Coach, Morning, at a gout ter before Seven o'Clock. whit The only Day Coach to WEYSIOUTII, (driven through Basin Two Coachmen o nly) !B , through Bagshot, ackwater, gstoke, Ov er t on , Whi tc h urch , Andover, Woorlyeats, Cashmore, Salisbury, Blandford, and Dorchester, at a Quar ter Past Five ()Thick in the !droning. Packets fr o m Wey mouth to Guernsey, .Jersey, Cherbourg, St. Maloc's, &c. "erY Wednesday and Saturday afternoon, at Two o'Clock. WARWICK and Leamington Day and Night Coaches. The er Onion," sourtmmirros, Lyiningron, Lyndhurst, Winchester, Itisingstoke, Hartford Bridge, Black water, and Itagshot, New Four Inside Coach, every Morning at 8 o'Clock; arrive s at the Coach arid Horses and Vine Inn, Southampton, 11 F ire o'clock. This is a most delightful Conveyance to the Isle of Wight, Jersey, Guernsey, St. Maloes, Havre de Lunch , &c.—The Proprietors of the above ruorie to receive a continuance of that support which ilaS hitherto 1 the rt Union."'een Ne w light D a y Coach e s to DORCHESTER, iu 14 h ours ouy, througl, Ita , tshot, 13Iackwater, Basingstoke, Overton, Cos► and , Atislver, Salisbr, ooy eats, ITh oldlord, Whitchurch at a Quarter past u Fi y ve W and d Seven o'clo h ck more, in the rooming. BA I 3 and BRISTOL Post-Coaches, through Chippen ,j'akl, Cain e , Marlborough, flougerford, Newbury, and Read 'ig• every Af ternoon at one; arr i ve a t th e G rey h ound Inn, til ' 4 9 1 , the London Tavern, Thomas-street, and Swan, Bristol, 44 ,r1Y the next Morning.—Coaches to Wells, Bridg ewater , , aonton ' and Plymouth, at reduced Fares. The Umpire," a New LIVERPOOL Light Coach, only "ne Night on the Road, carrying Four Inside, sets out Daily Out • arrives Liverpool nex afternon, throug Wu. • Latirbury, at Northampton, t Welford o , Lutterw h orth, Atherstone, Litchfield, Stone, Newcastle, Kuuts ' t l )td, Warrington, and Present. S HREWSBURY, Wellingtort, and Shitrnal, Light Post- C'o'aches, every morning and afternoni.—Guarded. H ARNSTAftE, Southinolton, and Creditor). New light "'ulteii, every Ntonday, Wednesday, and Friday Morn • g..s,..:l,tieeen o'cloc tuckin ha k. er,trry Afterflu uu LEEDS li g ht Post Coach, sets 'out at T:VO gie'rr di l e , Eaton, Buck I and passes through Baldock, Big.. ~ ham ttotd It den, Stilton, Wansfurd, Stamford, Graethain, Newark, Trixfotd, Markham Moor, I t ; o , Idets 1.-ioar7rltitYt el °, e li e e tl a s s , te n r ' ex t andAfternoo Ferryhridn a g t Three arr ock o'Clives at the , Bfield Coaches radford, Halifax, Skillt°ll* . and Hodder'. at Reduced Fares (driven through with Four N u l t c w iner ' ""IY).---larggage and Packages only id per lb.- 4._ ithstandiug the uncommon Expedition of this Coach, it !l e flowed to be the most agreeable arid complete Public Con ll.e taince mi the North Road, being unequalled by any other. A e ItROWGATE and Ripon new Light , Post Coaches, every 41(,,tit,troon at Two, and Eight the Morning. Br ow A , S GOW, Longtown, Gretna-green, Annan, Dumfries, Slid "ills 'l' hornhill, Cannsock, Kings well, Parts of Scotland, it light F o u r insid e P os t C oac h d ai l y. hien 1 ' 'rally Ho," COVENTRY light fast Day C oac h, every 4.,h o ' st " i : li g i a e l a quarter b e f ore S even o ' clock, through R":1""r", lid , Stoney Stratford, Towcester, Weedon, Daveutry, and Dnachnrch, to Warwick and Leamington, 1,11(4,41111A1.), lit idgrnortli, Walsal, Sklar wshu y, and Sa ! Aew light fast Coaches, every morning and atiernoon. s, 11 1 . ;" " Express," to YOltri, Scarborough, Whitby, Shields, i4,i'.i'lerlatot, Newcastle, and Edinburgh, a New light Four ev„,:":`:.Post Coach, with a Guard throughout ,• sets out P,;•ll.Alorning, by way of Newark, Itet ford, Doncaster, ltli; l ll " r idge, radeaster, Dartiugton, Northallerton, Durham, and M ti Berwick, and arrives a t Y or k t h e next torn. n, r educed Far e s. D r iv en t h roug h with Four Coach. ialnilt.l.l.l, Passengers finding themselves fatigued on th e e qOl Y . , may rest what time they please, and then proceed ',i4 . , \ :,, 4 Y addnal Fare. r"u"1,1101tOUGH and Swindon, four. inside Day Crutch, dlilbourn, Residing, Lernbotirn, Porton, Lydington a gi l Neti:t). Wootton Basset, Itamsbury, Hungerford, Newbury New Driven through with One Coachmen only. )1 0 , 3 , e -ew Royal Patent Mail BOSTON arid Louth, through kt',„."", Cambridge Hunting ' don, Stilton, Pete' borough, t,.te . ! t i ',g,' studding Spilsby Alford, Otio,shy, arid Hull, kith, r :;!: 1 0 Half Seve r n o'Clock, Sunday, at a Qoarter Th e o ; e n' Poet Coach to CArti tsi ',Oresst," a New Light Four-instrle P w a Penrith and Whitehaven, with a Guatd all ),idgjitreaii"les thro:igh Appleby, !trough, Bowes, ,G.rdetrer tracestee 4 , 4 ' 11 (1, Catterick, Boroughlirtilg . e, erryori . g • i Newarlt, Hawn'', Grantham. Stamford, .Gree- Liltyoe;o4intrvelitt.u.:l) Iliggleswade, and Itablock. , Sets out in tire d Performs the journey with the greatest faei iit4inests ess t ' e ," Peres. Passenger' detained on the Road by Pleasure, have the peculiar advantage of their ‘ierich .seeured in the next Coach.—The only direct :rhe Ntarthile. 1 14, v, " ItoYal Patent Mail, CAMBRIDGE, through fast ut,piogford, Bricklarol, and Royston* Evening, at Ne velt o'Clo•k Sunday, at is Quarter before Sever,. C1 1 ..' 'JAL ' • L d le Bolton Aticasier, ssir.sy- oils . , I.y r qu'ruhi 4 ` - ' n 'POstrit, and Gondar); Light l'ost Coaches, ea 1.. io rke sr i t 11 afternoon. 11,,LIViiiti)/(4,),txpress," New Light Four Inside Post . Coach, virot, no 26 hours only, through , (41 .. , ougleton I t Newcastle, Warringtoni, Itrlgly, kr.oteforr , st er W ott, Od), .!""rd, and Litchfield, (only One Night on the Itait.v.,7).Aftrirririoni' arrives at the Sara , een's tri et, Liverpool, next Afternoon. 'l 'he 11(11'4 . . Head :r eriee ßCs l lireevellers who honour this Couch with their pre y slperinr to any other on thisthe 4 7 (I* 4 P re " is strivers t hroughout with Four Coachmen joti„,,:ii:nlo,(le..ss than any other Coach to Liverpool), a. caring 1 ,4 1 1ft,,,, ;t 1. 4 1 1 too evident to reqoire comment ; besides Hu upJ i the espee'ally to Commercial Interests, of n it the ! • r • • • other Coach Ji't'ney in l ass tune than any i`t,ar ~ ttah , tarnling its cheapness and expeditom,,the Pro' eri u . lige t hemselves that for safety and accommodation 0 1'4 ''d 1 1 f e tir h Foi ti) and shall he surpassed by . none. HIRE POWERIES, a hew light very fast 44 714 `iY afternoon, to !amend, Stoke, Shelton, Borden), tl'i,to;,',lll‘elon, Hardy and Holmes Chapel. This is the tljrlr.Ak.}..,pirr.rect to. th e Potterit 11. Afte•lsoon D ll4 - , Four ;mirk P o st-C oac h es , every Morning .; . reduced Fares. kr:rtheio,`•.nsNew p or t , Whiteeltureb,'larporleY, t leh g. Nam)). se.- l 'rers o 1 l' 1 C twic ig oaeoes, every rooming and Al e 'wilt Post Coaches ever y morn i ng an d a f ter - Z:"/'tseNq! N 4 • tiltan 11 U aldock. Rigglese St. Newts, Buckden, , and wad Wandsfurd. ItLAN Ds 'Stockto, arid Vern) Light Post Coach SATURDAY, N OV:;31 BE R 15, 1823. LAW INTEI,I4I.GENCI counT CHANCi., V, N9v. 14. ISF.E.S. V. wann• Proceedings in this protracted and expensive mat were re. newed this morning, by tfrnotioe to review the proceedings in the last.trial at law, by which the, legitimacy of the heir at law Wa4 established, and to direct a new issue—the grounds of the application being the partial exposieon of the evidence, and a direct miscarriage of the doctrine on the law ofmarriage effected in the charge of the Chief Justice. Mr. SCAS.LrrT, Mr. fIASELEF, Sild Mr. PHILLIPS at. tended froM the common law bar to assist in arguing the ques tion,. The reader will recollect, that the right of the plaintiff, now declared by the verdict to be heir at • law, was derived through ancestors who were issue of a marriage concerning which it wars doubtful whether it occurred within or without the period of Lord Ilardwicke's Marriage Act, which °pentad an entire alteration of the law of the land upon marriage contracts: It was assumed, and in tame measure proved, that a marriage in the nature of a Fleet marriage had been contracted before the timing of that Act ant ha private marriage in thel yen or two subsequent .to , tl;eepasiNig of the Act was este- Wished. The questions now set up p ar ti cu l ar ly co n tr ov e r te d the evidence of this first marriage and the opi n io n g i ven by t h e Uhief.Tustiee in chaiging the jury—th a t a marr i age w ith out re . ligioui solemnization, or the presence of a priest, and merely with with consent of parties, admitted before sufficient witnesses and followed •by cohabitation and especially with issue, was, before the pak4mg of that Act, a valid marriage fbr all purposes whatsoever, according to the then known law of the land, as was th e case - with the law of Scotland to this day. Mr. SCARLETT was first heard. He expounded the law of marriage relatively to the times previous to the Marriage Act, as it is to be deduced from statuable provisions, and cases ruled at common law respecting the widow's right of dower, administration, and guardianship ; contending that ell the several acts and cases to which he referred, either directly in culcated or implied a doctrine commonly known and recog nised which was directly opposite to that propounded to guide the discretion of the ,jury by the Chief .Justice. He then ap plied himself to the directions of the learned Judge on the evi dence given in the cause, the particulars of which would be un interestiV to any but the parties in th e cause . Mr. WETHEIttI.r. followed on the same side. Ile directed his argument by the doctrines and constructions to be found in the Year Books Abridgments, and Comment ar i es . H e traced summarily the legal practice and law of marriage down from ' the time in which Pope Innocent 111, decreed the religious ee. lebration of marriage ; before which period all that was now known of the ceremony was the appearance of the bridegroom at the house of the father, from whence he took the bride to his own home and residence, and from that ceremony was derived the phrase in the old law of duerre exorem. He admitted in some sense that the doctrine of the Chief Justice was correct ; that marriages of' that irregular •celebration were before Lord Hardwicke's Act good in some instances. lie would allow, them to be good in the same degree as that in which they were admitted in the work of Sir William Blackstone ; and considering the well-known disposition of lawyers to do what they honestly could in enlarging the jurisdiction of their courts, considering also that the learned and elegant author was a doctor of civil and common law, that it would naturally be th e , interest of those jurisdictions to give tne largest construction to any questions affecting marriage -contracts he need not affect more liberality towards marriages so celebrated, than was to be found in that book.-- 14 Any contract made per rerba de prat. mull, or In words of the present tense, and in case of cohabit ation per verba de futuro, also, between parties able to contract, was, before the late Act, deemed a valid marriage to many purposes, and the parties might be compelled, in the Spiritual Courts, to celebrate it in facie reclerice." To this extent he would assent in the doctrine of the Chief-Justice, that such a marriage was formerly good to many purposes was law ; that it was good fur all purpose: was not law. It might have been good in raising the presumption of precontract, in binding the husband, in restraining him from a second marriage, in relieving the parties from the infliction of penance, and many other particulars within the purview, scope, and economy of the Ecclesiartical law. B u t h e would provo from multiplied instances, which he bad collected with no slight trouble of in. vestigation, that a marriage of that kind never was considered valid for all purposes at common law. He would begin with tie case of Foxcroft, which was as old as the reign of Edward First, and was first quoted from the patent rolls: into Roll', Abridgment. " It. , being sick (infirmus) and in bed, was married by the Bishop of London to A., with whom he had cohabited, and who was pregnant by him, and died 1.1 months after the child was bo rn ; held, that the marriage was not good, that the child was a bastard, and the land escheated to the lord." So that in these early time there were three things ne. cessary to give validity to a marriage, so ns to make the issue capable of inheritance-.a priest, a church, and religious ceremonies. parsiENT or PRIZES drawn on the Pah and 31st Day. o . October lint, being the THIRD and FOURTH DAYS 01 . DRAWING the THIRD LOTTEItY tor the year 1824, LorrEity-o FFICE, SOMERSET-PLACE, November 15, 1823. THE COMMISSIONERS appointed for MA NAGING the LOTTERIES do hereby gire Notice, That Numbers of TICKETS and SHARES thereof in all preceding Lotteries may be examined at this Office every day (Soodwys excepted), with their Registers of Benefits and Blanks, And the COMSWISIONERS appointed to take in the BE NEFIVIICKETS Of the THIRD Larl'EßY for the year IM, du hereby give Notice, That they will attend at their Office, ut Somerset-Place, on WEDNESDAY, the 19th inst., front Ten o'Clock in the Forenoon to Two o'Clock in the Afternoost, to take in and enter the BENEFIT TICKETS drawn on 'l'hutsday, the 16th, and Fridayi the nist days of October last, being the Third and Fourth Days of Drawing the same Lottery, to be exchanged fur Certificates pursuant to the Act of Parliament in that behalf. And for further dispatch thereof, the said COMINSION. EMS will take in and enter tbe TiCKP I'S numbered front Nu. Ito No. 10,000 at one seat, and the Tickets numbered from No. 10,001 to No. 10,000 at another seat, and the per sons possessed thereof are directed to bring with their Tickets separate Lists thereof, marked A and 13, furu►ed in nu►ueri cal order, adapted to each of the - said seats, and at the bot tun► of each List to write the name and proper additions of the person entitled to the value of the said Tickets. And the said COMMISSIONER-1 also give further notice That Certificates fur the value of the said Tickets will be de. livered out on SATURDAY, the 920 slay of November in stant, at Noon, after which the said COMMISSIONERS wji take in and enter Tickets in their usual Monthly entry = and all persons are desired to observe they must bring tipli. cotes of their Lists when they come for their Certificat es. The COMMISSIONERS also give further notice, Tha t a Bond of indemnity must be entered into by two respee'aii:e Housekeepers (to be approved by the said COMMISSIONERS) together with the person entitled to the value of any Ticket or Tickets which may have been lost, or to any Ticket or Tickets the Checks of which may have been turn or destroyed, biters the Commissioners can grant Certificates fur the same; and that, in case of a lost Ticket, an Affidavit must also be made of the circumstances attending the loss of the same, before one of the Honourable Barons of his Majesty's Court of Exchequer. The Loan CHANCELLOR asked 3/r. Wetherell if he had observed two other cases noted in the same chapter of Ears iMridgrment, in the time of Edward 111., in one of which it was concluded—" So that no man born after espousals can be proved a bastard without special matter." Mr. IVETHE HIM L said, that he felt it to be enough to con. tend with the propositinu of the Chief Justice, that a marriage contracted anywhere, and in the presence of any person, and in any manner, being followed by cohabitation, was for all par. poses a good ue.rriage. Ire h a d o b serve d' th e case now pointed out by the Court, but he would own that lie did not know the meaning of the exception giv en " w i t h o u t s p ec i a l matter." The CHANCELLOR asked if AIL Wetherell meant to contend that before Lord Ilardwicke's Act it was actually ne cessary to the contracting of a valid marriage that it should he done in the presence of a clergyman, and in a church? because his Lordship had tiersr understood that to have been, the old settled law of the land. As to the first condition, it must be recollected that within our own times persons who were not in priest's orders had fraudulently contrived to he appointed to serve in the churches, and had solemnized marriages. Was it to be assumed that all these marriages were void, not One of which had yet been called in question ? Then as to religious celebration in church or chapel, marriag e s bad been celebrated at the Fleet by persona notoriously not in priest's orders. If these were really the requisites of a valid marriage before Lord Ilardwicke's Act, God help almost all the families in the coun try, especially if the onus of proving the ordination of the priest were to be added' to the difficulties of proving the legitimacy. was a serious question, and went to affect the inheritance of all the estates in the kingdom. Ain IVETItEIIEr.r. begged that he might be allowed to con fine himself to the limits of argument which he had before pro povd—namely, that such marriages were not 'itiHciently valid to give the issue the capability of inheritance. Ile went on with 1 his doctrinal proofs, which he cited from S'ivinboarne's 4ipou. salt, from Lord Comyn's Digest, from Snaith's Commonwealth of England, from the Statute of Dispensations, anti the acts for regulating the prelatical authority, and from the power of li censing marriages left to the Archbishop, in such cases, and to the same extent as it hail been allowed under the Papal See. .The very existence of these provisions, anti especially the power of licensing marriages, proved that there were particular requi. sites to make a valid marriage, or what need could there have been for a licence, and wherein would have consisted the use, fulness of all this labour of legislation P The time having arrived for preparing the hall for the stu, dents' dinner, the remainder of the argument was postponed. HARR rp: CAI AC. This cause, which had remained over several days, was men ioned by ;lir. HAUT, when the LOUD CHANCELLOR said 'gat he would take it first the next morning. COURT OF KING'S BENCIL Nov. 14. v. )VAN ItAtinESLYV. Mr. J. WILLIAms moved for a writ of Habeas Cowes to bring up Evan Maudesley from Lancaster, where he is in cus tody, in order to his being admitted to bail. The prisoner was committed under the verdict of a - Coroner's Jury for man. slaughter, in respect of the death of a female apprentice of ten. tier years, who was said to have mama for want of proper treatment and care. The affidavits of the defendant, and of the surgeon who attended the deceased in her illness, alleged that she had been ill about a month before her death, but had recovered by the assistance of care and medicine, and th a t h e r last illness was d i arr h ea , which terminated in inflamma tion, and baffled the skill of the medical advisers. During t h e whole time s h e was su pplied with all that c ou ld contr i bute to tier comfort or w a s likel to promote her r e co very, an d re sisted th e w i s h es of those who desired to remov e h er f rom her roaster's h ouse . The Coe writ, f directing a t th e same time that to a certiorari s h ou ld 'sine th rr granted remove the depositions. The Court way occupied nearly the whole day in hearing the , , \'•;1 , ‘ 041 '4 l c , , 1 •-. '-: . : ~ , 114 d'7 #(.O a/fro ("A-tpli s ..„ ..'‘.,* ~.„, 4i_ 4J 1 4 : .' • I /2 4 441 4lt 0 ------------I---:;:::;.1,f:.-:...:—:.:4,,,-.0H,,,,',;,,rf„„.„,\;,..k:'o„'-t-,„.--vw;;---4:-- every Niorniag to the George Inn, Sunderland, at reduced Fares. Mountain's Express, Umpire, and Talk Ho," to MAN CHESTER, Winslow, Coo.;term). Newcastle, Widget, Wol -rerhampton, intlKnutsford,, new Four Inside Day and. Nigh Coaches, three times s-day. SHEFFIELD and -Rotherham New Ftine inside Mot Coaches every Morning, call,l . 4, The Express," awl 4 ' 'pie Rockingham," every Afternoon, at reduced Fares a ho The "Royal Express," New BIRMINGHAM Light Fail Night Coach, in t 5 honrs, otti v very afternoon, carry i►;g Four htSide only; passes through Warwick, Le:toting -too, Sonthain„ Weedon, Daventry, Stoney Stratford, itntL, 'fowceiter, to the Sa-acen's Head, Bull-street, Binning- Amin, early the neat Morning. Driven through with Two Coachmen only. - The " Express," a New Light Post Coach, to HULL, Lin- coin, Northeaee, Howden, and Doncaster, every Morning set Eight o'Clock,• to the Cross Keys, Market .place, I Inll ; anti also the " Rockingham" in the Afternoon at Two o'Chek. Tito H EETFORD,Ware, Hollesdon, and Ch rill tint Cintels. TOTTENHA'M and Edmonton Co4ches daily, at'Eltren, Hail-past Two, ,Five, and Eight o'clocli. •*' At Reduced Fait.; to Leeds, York, and Doncaster, Lu4gage and ParAu . , ,:,ars at. only id per pound. S. A. MOUNTAIN and Co. respectfully acquaint their Friends and the Public, that they will not he rte.artintahle fun any Parcels. Passen;er's [Agog..., Writings, Plate. Ike. of molar than Fly! Pounds Value, if lost, stolen, or damned, unless entered as 'itch, and the - Insurance paid accord.. ingty, at the Sat acen's I-lead Inn, Skinner-street, Snow-hill, London. D ENNIS JERROL, DEALER in DIA. • momm and PEARLS, begs leave to inform the Public he has REMOVED to No. 213, REGENT-STREE where he continues to give Ready Money for the above Ar tides. To the PROPRIETORS of EAST INDIA STOCK. LADIES AND GENTLEMEN, T HE ELECTION of a DIRECTOR of the EAST INDIA COMPANY being fixed for WED NESDAY, the 26th instant, I beg leave most earnestly to so. licit the honour of your attendance in my favour at the East India House on that day. • Should the result of the approaching Ballot, through your continued kindness, place me in the honourable situation to which I aspire, and which the very flattering reception I have experienced Justifies me in -expecting, I repeat the assurance that my best endeavours will be directed to the faithful dis charge of the duties of that important trust. I have the honour to remain, very respectfully, Ladies and Gentlemen, Your very faithful humble Servant, JOHN MASTERMAN l'iicholas.lane, Nov. 12, 1823. Mr. Masterman's Committee will sit daily at the City of London Tavern, where Communications will be thankfully received. argumelit of case, in the special paper, which had no interest. COURT OF COMMON PLEAS, Nov. 1 • - - The Lord Chief Justice DaLLes was prevented from attend.. ing Court to-day by ill health. The Counr was . occupied for a considerable part of the morning in,. receiving justification of bail. James Haugh and .James Owen appeared as bail for 1124 They were both ep , posed by Mr. Serjeant PE er,,.on affidavits cherging them with various acts of fraud, and with recently having taken the be nefit of the Insolvent act. I3oah parties indignantly denied the truth of the several allegations, against them, and being examined. at some length 6y the Learned Serjeant, both solemnly swore , that they were never in prison for debt in their lives.. - The Coutvr ordered the affidavits to be rejected, without al lowing costs, and expressed in a marked manner their di4ap probation of embodying such vagitetumourS into affidavits.. The practice could not exist without perjury somewhere. • They also refused to allow them to be filed.—The bail ere then al lowed to justify. DOE, olf -TUE DEMLSE or sitar. THANET, V. GATTI.u.t.N.•, Thisswas an ejectment against the defend a nt, t h e master o f a Public sc h oo l i n t h e north of England, to deprive hint of his situation. The Jury gave a verdict fur the plaintiff, but the Judge who tried the case gave leave to the defendant to move that the• verdict be set aside, and e nonsuit entered, on the ground that being in such a public situation he ought not to have been dismissed without being served with a notice to show cattle against his dismissal. On this ground a rule nisi was obtained lest term. The case was called on yesterday, and no cause being shorn the rule was made absolute. Mr. Serjeant VAUGHAN (who was engaged to show cause against the rule, but who was absent from Court when the case was mentioned yesterday) this day called the attention of their Lordships to it. lie observed that the case relied on in obtain ing the rule, which was that of the King v. Dr. (Makin (11th Term Reports), in which it was held that a return to a manda mus to restore, was insufficient without sh ow i ng t h at h e ha d had an opportunity of showing cause against the dismissal, was different from the present, which being an ejectment against the person distnissed, wo not subject to the smile rule as a mandamus. The COif UT thought the case of .” The King v. Dr. Oas ' kin" governed the one now before them. In the former case, the Court of King's Bench were informed of the cause of dis missal on which the defendant proceeded, held that the person dismissed ought to have had notice, and that he should there. fore be restored ; but they added, that they did not think the defendant would do his duty unless he dismissed him a second time (giving him the regular notice). In this case the Court were not legally informed of any cause of dismissal • though l if they were, they wou ld st ill go upon the princip l e of aids alleram partem.—Rule made absolute. BENNET 1). TI7OMA9 THURTELL. Mr. Serjeantt PEI,I, said he had an application to make to the Court on the behalf of a gentl em a n , named Green, of Arundel-street, Strand. The affidavit on which he meant to more would be ready in a moment, but he would in the interim state the nature of it. From the Learned Serjeant's statement, it appeared that the defendant was the person who had some time ago brought an action against the County Fire Office, to recover for the loss of goods in his premises burnt in ViTatling. street (in which a rule - for a new trial was granted on ifith inst.), j It also appeared that a bill of indictment for conspiracy in that case had been found by the Grand Jury against Thomas and John Thurtell, and others; and that Thomas Thurtell was confined in the prison of Newgate on that charge. Mr. Green was bail for the defendant in an action at the suit of Air. Bennet for 110/., and in another action for 381 4 at the suit of Mr. Bick. nell. The application which he had to make to the Court was, that time might be allowed to his client to render the prisoner in his own discharge. According to the regular cou r s e , h e would be bound to r en d er or justify on the Wt. The. Learned Serjeant added, that it was his intention to have made the motion at Chambers, but from what passed on a similar occa sion a few d a y s b ac k in the Court of King's Bench, he found that it was necessary to make it in open Court, He found also that a common habeal cam rallta would not be sufficient to render him in behalf of his bail. Mr. JUSTICE PA nit said the case was like that of " Bennet v. Keinnear" (in 3d Moore), in which the defendant was also accused aft conspiracy. The Cover granted a peremptory rule to show cause for to-morrow, and directed that the plaintiff - should get immediate notice. CONSISTORY COURT, Nov. 14. scAltt.r.r.r AND OTHERS AGAINST THE VICAR AND CHURCH-WARDENS OF TILE PARISH Or ST. MARTIN. IN-THE-FIELDS IN SPECIAL, AND ALI. OTHERS IN GENERAL. This was an application by Philip Anglin Scarlett, Esq., the non and executor of P. Scarlett. Esq., decea..ed, (the brother of Mr. Scarlett, • of the bar), for the grant of a f acu l ty to b u ild a.' certain family.. vault, a specified dimensions, under the church of St. Martiu aforesaid. Certificat es o f the consent of the vicar and churchwardens - were exhibited ; and it was pleaded that the holding of such • vault &c.,. was in eon.. fortitity to the wishes expressed by deceased in hs last will and 'testament. • WINNINOTON v 17M7411401•01.t. Dr. LUSITIYGTON stated, that in this suit, whiL:ll was one of separation and divorce. brought by the wife, ti citation was taken out against the husband, and returned on the first session of last Easter term. On the third session, Sir John Miles Winnington left a direction with the proctor of his lady, to which he . desired that all communications might he sent, in order to be forwarded to him. A copy of the motion which the Learned Counsel was now about to move, praying the Court to overrule Sir .1. M. Wirmington's protest, and to as 'sign him to appear absolutely, had been' dispatched to the place so pointed out by the . party himself; but hi s agent, being unwilling to take on himself the responsibility of re ceiving it, it was thrust under the door. There was, of course, no other mode of serving the copy that could then be adopted The Learned Counsel then read the protest of Sir J. M. Win nington against the jurisdiction of this Court in the cause pro moted against him by his wife, ilenriitta Antonia Winnington: the party protesting called upon the Court to dismiss the suit, by reason of the colluisive propositions which had been made to him by the said Lady Winnington. She had repeatedly stated,. that the suit in question would be for the good of both of them; and that n Colonel Wilson had offered leer to 'defray the whole of the expences which might be incurred.. She had even ten dered to this protester a sum of money to induce him to go down to Scotland, and there commit aduitery. The other proceedings having bocci read, Dr. LussuNciTost said, he supposed it was not necessary for him to argue the fact, that no grounds had been assigned in the protest to induce the Court to dismiss the suit. Ile there. fore now moved the Judge to over-rule the said protest, and to assign Sir J..M..Winnington to appear absolutely. Sir CHRISTOPHER llonmox regretted to observe, that this was one of several cases in which the Court had lately seen, with great pain, a generally increasing habit, in young persons (fiir the most par!), on hemming defendants in this Court, ofen gaging in snits without any consideration of their ability to bear the expenses. . They came, therefore, alleging their inability to employ professional men, and always expressing a wish to be per mitted to conduct their own cases. Such modes of proceeding was very unsuitable to the gravity of this Court, and incompatible with the interests of both parties concerned ; espe.ciallv the husband, upon whom, ultimately, the whole expenees of the cause must - fall. In the .present instance, the C ourt h a d a ll owe d a very considerable interval to elapse between the taking out of the citation against the defendant, and the issuing any personal process against him, on account of his allegations at the bar, that there should be no abuse of such indulgence. Advantage, however, had been taken of the Court, whose time had been unnecessarily occupied so long as this c ause rem a i ne d on t h e, books for three or four days in a term, without any proceedings being had in it. In this interval the matter might have been heard and terminated. It now seemed; that after this gentle. man had appeared and declined to set forth the facts in a re gular, mariner upon allegation, supposing them necessary to be argued in that early stage of the suit, thus person had, in fact, no such matte r s to produce to the Court. The Court after re proving the :conduct of the defendant, as regardell this Irregularity, ahowing that it it was absurd to expect that a loose declaration of some misconduct in one of the parties, committed before marriage, could avail as a bar against a suit brought by the other after marriage, overruled the protest; the matter of which was quite irrelevant and impertinent to the matter at issue and it assigned Sir J. M. Wilmington to sp. pear absolutely. RLCE SEVENPENCE. FOR THE SUN. BR4AKWATRIZ.AT PLYMOUTH. Ma. EntTott—ln the course of last summer I happened to spend some time at Plymoath. and gladly availed myself of the opportupity to visit this stupeedoes erection, Wide)) rivals the long. famed work of Alexander the Great, at Tyre, and the scarcely less celebrated mole of Cardinal de Richelieu, before Le Rochelle. It is in vi e w.. ing works of such rt` gigantic mature that one acquires a correct notion of:the amazing, powers of Alan, and of the perfection of those in ventions which his mind has devised . to'coinpett sate for the comparative feebleness of his bu.l7. The superior advantages of Plymouth liar-. hour, as a station of the Royal Navy, daring a war with Fraece, though invariably admitted, were, in a great measure, rendered comparatively useless, owing to the very exposed situation .of Plymouth harbour, and of Ca wsand Bay. Thi s unfortunate circumstance had I4ng 4ttructed the attention of Goveromeet, and several plans were proposed to remedy this radical defect ; Some of which recommend the erection of piers, by means of which the intended object might tee effi)ctually accotnplished. The very objections made against the effects which the adoption of these plarrs must produce in the harbour having caused them to he rejected. Mr. Rennie, and Mr. Whitebey, Master Attendant of Woolwich Dock Yard, re commended the erection of an insulated pies' across the middle of the Sound, declaring their confidence that such a work was not only .feasi. ble, but would answer the purpose„ without les reining the dept h of water, an object of the greatest importance. This proposal having met with the approba tion of Government, the stupendous work was at length commenced ; the foundation -Stone being laid on the 12th of August, 181'2. To obtain the necessary materials, a spot was fixed upon on the eastern bank of the Cat water, and im mense quarries of a hard, dark and red lime. stone have been constantly worked. Vessels of a particular and ingenious construction were made, to convey these materials, tin) blocks of which weighed from three to five tons each, from the quarry to the Breakwater. The two stern ports of these vessels are made large enough to admit, at the quarry, the trucks upon which the blocks are laid ; and an inclined plane con veys each: truck separately to the fore-part of the vessel, in the hold, on an iron railing. At the breakwater, the two trucks next the stern ports are run on a frame by means of moveable hinges and by the falling of this frame the stones are discharged on the slope of the breakwater, and left to their own position. By means of this contrivance eighty tons of rock ar e discharged i ts the course of about fifty minutes. In one week no less than 15,379 tons of stone were sunk ; and the number of tons sunk from 1812 .to 1820, amounted to 1,740,899. Notwithstanding the amazing quantity of stones already deposited, it is not supposed that the work can be fully corn pleted in less than three or four years. The above statement must convey. nn idea of the magnitude of the erection. Indeed, when completed, the length of the breakwater will be 1700 yards.: whilst its base varies from three to four hundred in breadth. It tapers gradually, so that it is only thirty-six feet broad at the top, along which is a pleasant promenade, affording a beautiful view of the surrounding highly pictu. resque scenery. Towards the sea the slope is in the proportion of three horizontal to one perpen dicular ; whilst on the land side it is only one and a half horizontal to one perpendicular. The direction of this mole ' , 'across the Sound is nearly from east to west, it consists oft) middle part, carried on in a straight line to the length of one thousand yards. The two extremities will in. clinp,from the sea, and at an ono, of Iflo degrees towards the straight line; and ench of them will be three hundred and fifty yards ° in length. Whilst we are filled with admiration for a work so truly worthy of a great naval power, we must rejoice to find that it is likely to prove fully equal to its important purpose. It has hitherto withstood the utmost fury of the most violent storms, and suffered damage comparative ly trifling ; whilst the benefit the shipping; and even tine town, have derived from it, have been manifest. The only injury it has yet sustained, was (luring the gales of the winter of 1816- , ---17, which were more tremendous than any that had occurred within the memory of the oldest,inha bitant. The most violent happened on the 19th of January 1817, when it was found that the upper stratums) of the finished part, of oboist '.200 yards in length, and 30 in width, though formed of blocks weighing each from two to five tons, had been displaced, and the stones carried .to the northern, or inner part, of the breakwater. On the other hand, not only .was the shipping effectually protected, but It was the opinion of the most experienced sailors, that had there been no breakwater, 'all the vessels in Catwatee, and even the storehouses, &c. beloegimeg to the Victualling Office, as well as the hoimis*s near the sea, must have been inevitably destroyed. A. P. The B4A Hit' papers have puousnen an article, stating that the Swedish Consul in Alexandria, is in possession of a roll of. Papyrus, which had bean nosed as a deed of purchase. (Kauf-brief) ICA.I years before the birth of Christ. The writing was very distinct, anti the whole in a state of high preservation. Gen. MINUTOLI had trans mitted njisc simile of it to the Royal Acadoso,y at 4 `. A N 'S • 1, 4 -1"1.4" ..„ 1 *" t* -~..~,~ . ;~~~~. 4 I' EAST INDIA HOUSE, Nov. tl , 1823. THE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST INDIES, do hereby give Notice, That a GENERAL COURT of the said Company will he held at their House inteadenhall.street, on WEDNESDAY, the 2qih inst., from Nine o'Clock in the Morning until Six in the Evening, for the ELECTION of a - DIRECTOR of the said Company, in the room of CHARLES GRANT, Esq. deceased. • JOSEPH DART, Secretary.