The Sun. — London, England, 1840-11-23 00:00:00

EVENING EDITION. MONEY MARKET and CITY NEWS. SATURDAY EVENING.) HERALD.--The favourable tenour of the political re. ports from Paris, with the rise in the funds there, had the effect of improving prices in the funds at the Stock Ex change hem. In respect of the new loan private letters from Paris botice that strenuous exertions were making there by the parties interested to move it off, but it was found to be a 'very adhesive sort of article, and the stock dealers ex tremely averse to touching it. It is stated moreover that the contract of this loan was by no meats a voluntary act on the part of the contractors, but that they were forced to embark in it as the only alternative for obtaining repay ment of advances previously made to the Belgian G , ,- vernment to no lees an amount than 800,0001. 1 his fact, if correct, would account for the novel mode of proceeding adopted by way of getting the subscribers to it to pay up the whole price at once ; although there would naturally be a prudent anxiety in any case to get it clean off hand and all paid up on account of the present unsettled position of political affairs all over the world, and the many chances of some event that might serve to embroil the powers of Europe, and lead to war. The statement respecting the immense sum for which the parties were in advance to Belgium would seem, if true, to confirm the suspicion always entertained, that the last Belgian loan, which was scarcely less popular than the present, was not after all cleared off, from the repugnance of capitalists and dealers at the time and since to embark in it. It will be remembered that it dropped, almost still born, out of the market, there being no dealings in it, and scarcely a quotation, after the first week or so of its com ing out. The advances were doubtless on account of the loan so turning out a failure, which are of course to be re paid out of the new lean, so far as it can be carried into effect. This view disposes at once of the seppositions in dulged in, that the money was wanted in Belgium for measures of internal improvement. POST.—The new Belgian loan makes no progress. It is a drug which, in the actual position of the Money Mar ket and the Exchanges, the contractors find it no easy back to palm upon the public. The Portuguese conversion scheme, arbitrarily reducing the original capital fifty per tent., and leaving the security of the bondholder the same as before, tends to mar the speculation. It is now appa rent to our capitalists that the pledges of Governments, however solemn, and backed as they may be by Sovereigns and Legislatures, ate intended only to betray. The re venues of Portugal are already hypothecated to the En,g fish creditor, but are they in any way tangible to him ? It is a naval or military force alone that can make the gua- rantees available in the case referred to; and the hold a foreigner has upon Belgium is, of course, no greater than that which he has upon Portugal and Spain. We do not hear that anything whatever was done in the new concoc tion the whOle of the day. SPIRIT of the PUBLIC JOURNALS. FROM T5l MORNING PAPTRS OF Tr%Ls BAT. (From the Morning Chronicle.) The Gazette of Saturday night contained the important and most gratifying intelligence, that the Queen was, a little before two o'clock, p, m. safely delivered of a Princess. We endeavoured, in a second edition, to aid in the rapid diffusion of th;s most cheering news. In another part of the Chronicle we have collected such particulars respect ing this happy event as our readers must be desirous of knowing. Down to the period at which we write, ;he ac counts respecting her Majesty and the Royal Infant con tinue to be all that the nation can desire. Beloved as our Queen is by her people, the event which we;have announced will diffuse the most lively joy throughout the length and breadth of evet y pertion of her dominions. The fate of an illustrious Princess whose memory is yet dear to the na tion, naturally heightened the anxiety felt for her Majesty. In proportion to the anxiety is the joy now felt. But, be sides the warm affection entertained personally for their Queen, the veople have another cause for rejoicing on this occasion. Our readers must anticipate an allusion to the King of Hanover. Of all c , mcaivahle calamities, the calamity of the succession of the King of Hanover to the throne of these realms would be most deeply felt. Hated whilst among us, he has, since he left our shores, by his treat ment of his subjects, added, if possible, to the causes for holJing him in aversion. The birth of a Princess inter ses another life between the Queen and the Sovereign of Hanover. The title of our Queen to the kind regard of her people rests on positive merit of the highest order. Seldom has the world had an example of an equal degree of conscientious devotion to the duties of the regal office. The interest which her extreme youth inspired was never affected by any of the weaknesses for which 3 outh s.:rves as an apology. _ (From the Times.) The auspicious event of last Saturday has created throughout the metropolis and the country a feeling of that class which in great political communities is of too rare occurrence—namely, one in which Englishmen of all ranks and parties are, if not equally, at least very cordially agreed. The satisfaction of the people is in deed lively as it is unanimous on the happy occasion of tho birth of an heiress presumptive to the throne, in the direct line of descent from the gracious Sovereign who now so worthily fills it. The grateful rejoicing of the public has also been rendered complete by the providen tial preservation of her Majesty's life through a trial . . not unfruquently attended by serious peril, sod l ,,Fthe - prospect, sn far as h uman judgment.., can anticipate, of her full and perfect recovery in. rime for an early re turn to the duties of her ..'ialted station. The an swer to the sumerous e i raquiries made in the course of yesterday at the imported that her Majesty and the infant iT,iicts, (Princess Royal we suppose will be her Rov.O j i Highness's designation) were both going on ".c.y,Eiitewell." There is something agreeable to most minds which aro familiar with the general connexion of moral causes and effects throughout the course of mo narchical governments in the addition of every new link to the chain of direct lineal succession. The vital princi ple of a menarchical constitution is stability, and the fewer breaks or abrupt transfers of the crown from one branch of the Royal family to a distant one are likely to occur, the greater, on the whole, is the general character of strength and s Aidity imparted to the executive power ; above all, the less is the risk of collision from adverse claims. In the present state of England, moreover, and after the shake which cur estab:isbed institutions have sustained, not so much perhaps from a series of experimental mea sures in legislation as from an extensive encouragement and excitement of a spirit prone to question the results of experienc e , to cheapen the operation of time, and to depre ciate the wholesome agency of usage, it is not in our opi nion, by any means a matter of indifference whether the line of dulcet nt he looked upon by the nation generally as smooth and continuous, or as subject to checks, inter ruptions, and transitions. There are other topics of gra tulation and contentment which press upon the minds of reflecting men with regard to this very interesting subject. The country has a deep concern in the state and composi tion of the Royal Family, and in the materials afforded by it for a judicious and moral education to the children of the Crown. In this respect surely no more fortunate con dition of the " T aterna demos" can be imagined than that which is now prepared for the reception, superintendence, and instruction of the offspring of Queen Victoria. Pa_ rents in the prime of life, and in the daily and constant xcrei , e of domestic intercourse and affection—a Prince Consort of studious, refined, and accomplished tastes— of arreable manners, of kindly feelings, and of blameless life—a Sovereign Lady, most active, diligent, and scrupu lous in the d:scharge of functions which cannot be fulfilled with any approach to efficiency or usefulness hut by the practice of great regularity in the distribution of her hours, by close attention to the details of business, and by an accurate and strict employment of those fractions of leisure, by a careless waste of which so large a portion of the whole sum of life is lost, and so many bad habits nd propensities contracted—we repeat, that parents thus sonstituted, thus circumstanced, and, by the nature and necessities of their position, thus qualified, must, under Providence, be a source cf incalculable blessings to any ff,pring educated under the same roof, and in their pre ance. Some of the best characteristics of such a parent age must almost inevitably be transmitted to children happy enough to be brought up under their eye, and to have before them the constant meditation of such an ex. ample. It is nut, therefore, for the present only that we join in the universal felicitations offered to our gracious Queen upon this happiness vouchsafed to her by that gracious Power, without whose favour all monarchs and kingdoms are but dust—we rejoice in that hope of future and long-enduring felicity, so delightful to a maternal heart, which must spring from the hourly contemplation of opening grace and rising virtue in this the first pledge of her own conjugal tenderness, as years shall bring with them the fruits of conscientions instruction, of well directed authority, and of purity without stain, reproach, or suspicion. (From the Morning Herald.) The birth of an heir-presumptive to the throne is an event which will be hailed with joy by the whole British nation. Our youthful Queen, in the new and interesting relation of a mother, becomes an object - of still more tender solicitud e th an ever to a loyal and affectionate people. The House of Brunswick, under whose constitutional sceptre the country has enjoyed so large a measure of protection for its religion and liberties, gives a new pledge of pro longed dominion in the direct line of succession. Those who are aware of the evils which this country formerly suffered from a disputed succession to the Crown, and those who have not foigotte n how dreadfully some other countries in our own time have been scourged by the fu-ies of civil vrar,:arising but of a similar cause, can appreciate the advantage w hi c h G rea t B r i ta i n derives from having the succession to the throne so clearly and i n di sputably este bli,hed, that no dcubt or obscurity Aobestewuhriiteyh,chanowree'vteruP4,vniiilted at by cac i n s e,tilo,tei founded e t in e Royal Marriage Act--ra nation from t b it y le z some spurious claimants to Royal distinction, the most deliberate wisdoiu—guardsisthpeutseu, English throne from obscurity from all the calaxitous consequenc.eselof a a ys li d ti e g e e i t d e e d d direct line of the So for a litigated title to the Crown . is given to sward of civil Isar. Heirs in the . desirable, for obvio us vereign in posse,sion are altva,ss reasons, and the happy event of Saturday has Engla-d au heir iii the direct line. But a weekly Journal, that boasts of especial Court patro na g e, ought not to be so ignorant as to give to the infant d a ughter and the title ofand first-born child of Queen Victoria and Prince Albert heir. apparent. The title of an beir-apparent is inde feasible. Th a t child cannot be an heir-app are nt whose title is on l y con ti ngen t, an d may be defeated by a subse quent bi rt h . A s h er Majesty is young, and with the b les only natural g o f P rovidence likely to have many children, it is natural t o expect t h at an h e i r apparent will yet spring , from th e auspicious alliance which our young and beloved Queen has form e d with a Prince as young and amiable as herself,—a Prince lineally descended from the illustrious Saxon assertor of the Protestant religion and liberties. Nivr,thek sprin g be brought up to love and venerate :Ilstkits which placed the House of Brunswick on —alifhrote,l, ad the first-born of the Queen been an liar:Apparent; we presume that the Gazette Extraordinary whieh was published on Saturday afternoon, would have contained something in additio n to the order that a form of thanksgiving for the Queen's safe delivery (we like the home ly English word better than the French term accouchement) be . prepared by the Archbishop of Can terbury, to be used in all churches and chapels on Sunday next. That Gazette would have directed also, according to precedent, that the name of the Prince of Wales should be inserted in the usual prayers for the Royal family. Yet there arc several precedents also for inserting the name of an heir-presumptive in the litany and other parts of the Book of Common Prayer, where the Royal family are prayed for. In the Book of Common Prayer, as origin ally compiled in the reign of Edward VI., the formula did not comprehend more than the reigning Sovereign, and ran thus :—" That it may please thee to kepe Edward the Sixte thy servaunt our Kyng and Governor." The prayers for Elizabeth, who, next to the pious, learned, and amiable Edward VI., was the founder of the Protestant constitution of England, or rather the reviver of its primitive Christian character, were the same as they now are for her present Msjesty, with only a change of the proper name. No other member of the Royal family was alluded to in the Liturgy before the reign of James I. In his reign the into the " for the royal family " was first introduced the morning and evening services and litany. In that reign, previously to the death of Prince Henry, the form of prayer ran thus for the royal family, after the usual prayer for the King :—" Queen Anne, Prince Henry, and all the King and Queen's royall progeny." After the death of Prince Henry it was " Queen Anne, Prince Charles, Fredericke the Elector Palatine, and the Lady Elizabeth his wife." In the book of Common Prayer, in the reign of Charles I. (1627), the form runs—" Our Gracious Queen Mary, Fredericke the Elector Palatine, and the Lady Elizabeth kis wife, and their princely issue." issue must player for the Prince Palatine and his must have been introduced in consequence of the great interest which the English nation took in the struggles and fate of a prince, who, though nearly connected to the royal family of England, were still more closely identified with the progress and for tunes of the Protestant cause on the Continent of Europe. But in the Edinburgh - Prayer Book of the same reign, ten years later (1637), the form was thus, without any special mention of the Palatine family :—" Our gracious Queen , Mary, Prince Charles, and the rest of the royal progeny.' in the Prayer Book of the reign of Charles 11., the for mula is for " our gracious Queen Catherine, Mary the Queen-mother (Maria Henrietta), James Duke of York (the first time we find the name of this Pop ish prince in the Book of Common Prayer), and all the royal family." In the reign of James 11., in the Prayer Book which bears date one year before the glorious and bleodless revolution, from which, under the Act of Settlement, our present most gracious Majesty derives her title to the throne, we find the prayer for the Royal family expressed as fol lows :—" Our gracious Queen Maly, Catherine Queen dowager, their Royal Highnesses Mary Princess of Orange, Anne of Denmark (afterwards Queen Anne), and all the I Royal family." But later in the same year, 1687, the prayer was ominously altered ky the omission of " Mary Princess of Orange." Oh strange blindness •f ambition, and mutability of human affairs ! in the following year the omitted name of Mary Princess of Orange—Orange, a name hateful still to the enemies of our Protestant con stitution, was restored to the Liturgy as that of a Queen, and James 11. was a throneless exile! In a later edition of the Book of Common Prayer (1696), the Royal fa mily are prayed for in the following wcrds in the Litany : " Ut Catherine Regina Dotarie nec non regice Ipsius Celsitudini Principisse Anna de Dania, et universe stirpi regie benedicere, eosque servare aigneris.' In the reign cf Anne the style is thus: " Catherine the Queen Dow ager, the Princess Sophia, and all the Royal family.' This is the first introduction into the Liturgy of the illus trious Princess, the head of the House of Hanover, to the heirs of whose body, being Protestants, the Crown, by the Act of Settlement, was limited, and from whom' Queen Victoria is descended is the sixth generation. The family of Stuart, except as t• that portion of it whose adherence to Popery excluded them from the throne, having become extinct in Queen Anne, the House of Hanover, under the limitation to the Princess Sophia and her Protestant heirs, came to preserve the religion and liberties which had been rescued from destruction by the dethronement of James 11. In the reign of George I. the prayer for the Royal Family was in the following form : " their Royal Highnesses George Prince of Wales, the Princess of Wales, and the Royal issue." In the reign of George 11., before the marriage of Prince Frederick, the father of George 111., the formula was as follows our Gracious Queen Caroline, their Royal Highnesses Fre derick Prince of Wales, the Duke, the Princesses, and all the Royal Family." Here the heir-apparent end heir-pre sumptive are both individually mentioned. In a subse quent edition of the Book of Common Prayer, in the same reign (1743), the formula is :—" their Royal High. nesses Frederick Prince of Wales, the Princess of Wales, the Duke, the Princesses,the issue of the Prince and Prin. cess of Wales, and all the Royal Family." In the reign of George II I. , the pious grandfather of our present Gracious Sovereign, who, in reference to a proposed change in the laws sheeting Popery, made the memorable dclaration, "I have courage to descend from a throne to a cottage—l have courage to lay my bead upon the scaffold—but I have not courage M violate my coronation oath," the following form was suhstiteted in the Book of Common Prayer (1763). 't our Gracious Queen Charlotte, their Royal Hi.llnesses George Prince of Wales, the Princess Dowager: of Wales, and the Royal Family." Aft.;r the death of the Princess Dowager, and before the marriage of the Prince, afterwards George IV., the prayer ran thus :—" our Gracious Queen Charlotte, his Royal Highness George Prince of Wales, and all the Royal Family." After the marriage of the Prince, the " Princess of Wales" was mentioned before the words " and all the Royal Family," One other alteration was made in that reign, which was occasioned by the death of Queen Charlotte, when her name was, of course, omitted. On the accession if George IV. all names were omitted, and the prayer was to " bless all the Royal Family," with out naming any. Many of cur readers will not fail to recollect some stormy discussions in Parliament relative to the propriety of introducing the name of the then Queen (Caroline) whose strange history, trial, and fate, are asso ciated with one of the most troubled periods, both of Parlia mentary conflict and popular excitement, that has befallen England in modern times. We need hardly add that in the reign of the kind-hearted and lamented William IV. the prayer was for " our gracious Queen Adelaide and all the Royal Family"—now prayed for as Queen Dowager, in the reign of our Sovereign Lady Victoria, whom with her Royal offspring may God long preserve I Let us observe in conclusion, that since the compilation of the Book of Common Prayer,—the most beautiful compo sition, with the exception of the Holy Scriptures, in ex istence,—there were two periods when it was disused, — the first during the reign of Mary 1., surnamed " the bloody," when the land s,noked to Heaven with the sacri fice of the martyrs of the Reformation : the other during the grand rebellion ; viz., from 1645 to the Restoration in 1660, when the form of prayer which the Long Parlia ment, that beheaded the King and abolished the House of Lords, voted " useless and dangerous," was recovered from the grasp of persecuting intolerance, along with our Church and monarchical institutions, which may the Provi dence that rescued for ever protect I ( From the Morning Post.) We announced on Saturday the auspicious event of the birth of a Princess Royal of England. It is gratifying to us to be enabled to state that up to a late hour last night the health of the Queen, as well as that of tie Royal infant, continued to realise every wish that the most de voted loyalty to the British Crown and the most ardent affection to the Sovereign could inspire. We participate in the feeling of grateful joy which this hvppy event will impart to the whole people of Great Britain, with whom loyalty is one of the domestic virtues, and who will re. joice that a new guarantee is afforded to the perpetuity of tho throne, and rejoice still more that now another and a tender tie strengthens and endears the relation between themselves and their Sovereign. SECOND EDITION. THE FUNDS-(CLOSING PRICES.) BRITISH FUNDS Bank Stock 3 per Cent. Red BB Ditto Bonds 3 per Cent Cons ...... .. 89i Ditto Old Annuities 3 per Cent Red........ 971 Ditto New Annuities... New 31 per Cent New 5 per Cent ... Long Annuities to expire Ditto Small spm Jan. 1860 -17 Bank Stock for Acct ... Oct. 1859 ... Jan. 1860 ... 134 Consols for Acct FOREIGN FUNDS. A ustrian, 5 per cent... Portuguese, 5 per cent. Belgian, 5 per cent — Ditto, New Ditt0....... 36 Brazilian Bonds ... .. BuenosAyres, 6 per cent 17i Russian, 5 per cent.... Chilian, 6 per cent — Ditto, Metallic Colombian, 6 per cent... Spanish, 5 per cent 2. 3i Ditto, 1824 — Ditto, Deferred — Danish, 3 per cent..... French,s per cent... —f. —c. Greek, 1825, spercent. Exchange .. Mexican, 5 per cent.... 291 French,3 per cent —f. —c. Ditto, 6 per cent, 1825. Dutch, 21 per cent 5l Peruvian,lB2s, 6 per ct. Ditto, 5 per cent..... 934 SHARES. Great Western Railway (65 paid) B3 Ditto New Shares (40 paid) London and Brighton Railway (40 paid) London and Birmingham Railway (90 pd) 163 Ditto New Shares (24 paid) London and Greenwich Railway (20 paid) Ditto New Shares (20 paid) London and Croydon Railway (Trunk) ll i North Midland Railway (100 paid) Ditto New Shares (40 paid) ~.... ... 361 SFIRIT of the PUBLIC JOURNALS FAOM THE EVENING PAPERS OF THIS DAY. ( From the Globe.) The speech of M. Guizot, which our readers will find elsewhere, sets forth witk the clearness and pre cision which characterise that statesman, the leading facts of the recent course of affairs, and the leading considerations which they are calculated to. suggest to the minds of his countrymen. He first showed, with unanswerable plainness anti perspicuity, that Cu insuit or injury had been offered to France. He then showed that no French interest or influence recommended resort to arms on the pretext of insult or injury. The latter point was what required to be laboured with the real war party—if indeed labour were not thrown away upon th em . I t was nothing , avowed but f some thing unavuwed, that urged them to warlike de monstrations. abtutthethyatthotuhgehyt thought Prance ar : e i l a nj u d v t g e —had thrown away an It lA Oa . 66 as : an_ ,J." Certainly, if persist t intimidate Europe could have I ‘Fh ll 'a g ri dan ff bedeeeenhi icaeld r :sm d u and n ites e de ( t i the recognition of her right to • in the alt em P ob tained for trance dic tate all its transactitoonnse,.thatlgaisicue),nidrihceyeuidsdanueryrenindertehde by taking a met Ali, that ascendancy East could hpaavceificbeen ass h u a r s ed be b e y n a l l e li s a t ne b e y wnoitthnENialkehine war upon Europe in his cause. But if' both these have been baseless dreams, the fruit of the most inflated ignorance, then France has surrendered nothing by adapting her policy to the true state of things. It is the policy of journalists to prompt newspaper outcries, and then obey them. It is the policy of mere demagogues, or public incendiaries, to excite the popular passions upon false pretences, and reply with defiance, and warlike demonstrations, to the alarms of Europe. We think it very remarkable that some of those peace-at -any-price journalists here, who have so vehemently denounced our Government:for incurring the risk of war in Eu rope, are now saying M. Thiers' retreat was a fatal day for French honour. These worthies has e double weights and measures for national honour ; or rather they have sympathies with humbug " all over the world." To be otherwise than in the closest intimacy with the popular dealers in that commodity, no matter what their bluster or duplicity might be, was an unpar donable sin on the part of the rulers of this country. To be able to dispense with their services is an irre trievable loss to the French nation. Ah bah'. (From the Courier.) That the genus of waiting maids is incorrigible, and has been from all time, is a truism too stale now to be questioned, and the fussy freaks with which affronts and scolding, submissively received in the drawing room above, are retaliated " below stairs" to hearers all on one side, are not the less diverting because of their smartness and impertinence. Our good-humoured friend of the Post would seem ambitious of high stand ing among the fair tribe, if its pretensions may be mea sured by an article this morning. For example, in refe rence to Lord Palmerston's "note" of November 2, pro fessing to be a reply to the memorandum of M. Thicrs, of October 8, which memorandum, according to the Chronicle, speaking, as the Post says, advisedly for the Secretary, "it became necessary at once to meet," we objected that no such urgency was apparent, or could be understood, so far as dates, that is time, were taken as a guide. For this pressing note of his Lordship made its appearance only twenty. three days after re ceipt of the document to which professing to be an urgent rejoinder ; that is, some half month after the memorandum itself was forgotten or remembered only as a page of past history. The Post, with the airs of second-hand gentility, wonders at the vul garity which can descend to " dates," as if a " political document" were an " order for Manchester goods, or an enclosure of bills as per margin," to be acknowledged by " return of post, or at all events within two or three days." We are far from wondering equally at the tone and temper of such . a conception, for we never heard that " dates" were ever regarded as a necessity in the " note" writing instruction of waiting gentlea omen, or that " bills" for " Manchester goods" were ever voted by them to be anything but excessively vulgar, even if presented twelve months after " date." From many fair symptoms for some years past we had imagined that our kind Contemporary had cast off its slough, and there fore it is always with regret we see the old leaven at work in its columns, and hands put in requisition to do foreign or other politics, who might otherwise perform more fitting and appropriate service in servants' halls or butlers' pantries, from whence perhaps they take their origin, or date their connexion with the press, as once approved retailers of routs and frivolity under the grace- WI heading of the " Fashionable World." (From the Standard.) The Spectator of yesterday alludes to a report of certain written approvals of the enforcement of the Treaty of July said to have been given by the Duke of Wedington, Sir Robert Peel, and Lord Aberdeen, and the Examiner speaks of consultations between the three Conservative statesmen named and the Foreign Secre tary. We do not pretend to have authority for con tradicting this strange surmise, but we think that we safely may contradict it without waiting for authority. The Duke of Wellington, Sir Robert. Peel, and Lord Aberdeen, are not ignorant of the duties of statesmen, and nobody will charge them with indiscre tion ; but surely it is a well understood duty of public men, a duty to themselves as well as to the Constitu tion, not to tender any private advice in the Govern ment of the country, because for such private advice they cannot be responsible. We can easily suppose the answer which Lord Palmerston would receive to an application for advice from the illustrious Duke, the Right Hon. Baronet, or Lord Aberdeen, " My . Lord, you are her Majesty's Secretary for Foreign Affairs, not I ; and if you cannot rely upon your own judgment, your colleagues in the Cabirisl, not unofficial and irresponsible Members of Parliament, are your proper advisers." But why should Lord Palmerston ask advice in the matter ? The Treaty of July was known during the sitting of Parliament, and received, at least, the tacit approbation of the Conservative leaders ; but nobody could be so weak as to suppose that an engagement upon a question of such moment—an engagement, too, preceded by negotiations of such duration and earnest ness, was to remain a dead letter. As to the view which the French Government would take of the affair, that was necessarily foreseen. The Government of France disapproved of the terms of the Treaty, or it would have yielded to some one of the many invitations to become a party to it. Having thought the step taken by the Allies in July a wrong one, the French Government must regard the effectual following up of that step, two months later, a maurais procede, no matter what shape the operation might take. So far, then, Lord Palmerston was assured of the support of men who never yet allowed party' considerations to interfere with their care for the honour and interests of the coun try ; and why then should he take the irregular and unconstitutioual course ascribed to him ? THE SUN, LONDON, MONDAY,.NOVEMBER 23, 1810. of, in all probability, an antediluvian forest. On Thurs day they were visited by Professor Agassiz, whose re searches and discoveries in fossil and recent ichthyology, and in various departments of geological and other E cie ace, bad given him a name celebrated throughout the civil ized world. Our ingenious and skilful townsman, Mr. Bally, is now engaged in taking casts of these trees in plaster of Paris, preparatory to making exact models of them in t' aat material for the Manchester Geological Society.—M , tn hester Guardian. QUEEN'SiBENCH-(THIS DAY.) THE QUEEN V. WILLIAM BAINES —CHURCH- RATER• (Continued from our First Edition.) The ATTORNEY- GENERAL submitted that that would not help the case at all. Evidence could not be taken in a case to supply a defective allegation. The allegation was that he had refused to pay a sum of 21. 55., to which he was rated and assessed, it then went on to say that this was in a suit of subtraction o f Church-rate, but that was only evi dence to support a defective allegation ; but if the allega tion was defective, no evidence whatever could support it. There was a case in point in the 2d Salthill, p. 681. By the Ist of William and Mary, it Lad been enacted, that if any Clerk of the Peace should misdemean himself in his office, the Court of Quarter Session should have power to remove. Now in a case which occurred, a certain A. D. was charged with misdemeaning himself, and the Court of Quarter Session removed him, the writ stating bat he had been charged with misdemeaning himself, and that it appeared he had misdernearied himself in his office, by extorting from one A. P. the sum of ss. but the allegation was defective, and Holt, Chief Justice, together with seven other of the Judges, determined that the order of sessions must be quashed as insufficient, inasmuch as it did not appear that the misdemean our charged related to his office. And in this in stance L. contended that the allegation ought to have shown that it was for the non-payment of a sum of money to which the defendant had been assessed for a Church-rate for the repair of his parish church. Th e case might be a cause of subtraction of Church-rate, and yet not a Church-rate which he had been or dered to pay. It was not sufficient that their Lordships should imagine what might probably be the case ; they had no right to suppose anything, and the juris. diction ought to have been expressly shown in the alleg e . tion. He had two other objections to make before he came to a conclusion of his argument, Ist in the schedule of the Act 55, George 111., Chapter 31, the form in: which the writ to the Sheriff was to run was expressly given. Now where the liberty of the subject was concerned, it was of the utmost importance that all these forces should be du) , observed. In the case of Richards and Stuart, 10 Bingham, p ,;19, a defendant had been held to bail on an action of trespass. He had been arrested on a wan ant of capias for 12,0001. The Court discharged the bail bond on his putting in a common appearance, on the ground that the defendant bad been held to bail in an action of trespass, instead of on premises. Now, it was most fit that the rule laid down in that case should be rigidly adhered to. Chief Justice Tyndal in that case had said that it would be always more safe and con venient that writs should run in the very words directed as then there could be no room to indulge in conjecture, and no doubt could possibly arise on the subject, and in i hat opinion Mr. Justice Bosanquet had concurred. Now the words of the schedule were, " Whereas it aepeara that o f in your county, is manifestly contuma cious," &c. Now the writ in this instance was not in the words of the statute. It stated, " Whereas one William Baines, of the Market -place, in the borough of Leicester, hatter and hosier, a parishioner and inhabitant of the parish of St. Martin, in the said borough of Leicester, in the county of Leicester, is manifestly oontutnacious," &c. Now it changed the language of the schedule ; it did not say in your county, it said in the county of Leicester. Now, it did not necessarily follow that the whole of the borough of Leicester, iri the county of Leices .er, should be in his bailiwick. In the Ludlow case their Lordships had granted a mandamus concerning the ad mission of Mr. Lechmere Charlton, as a burgess of the borough of Ludlow, in the county of Salop, as residing at Ledford, within the borough of Ludlow, in the county of Salop. Now, although such was the designation of the borough, yet Ludford was actually in the county of Warwick, and therefore not within the jurisdiction of the Sheriff of Salop, as not being within his bailiwick. Mr. Justice COLERIDGE— Would not " in the county of Leicester" be a su fficieut description ? The ATTonsev-GENERAL-- 7 1 would ask why depart from the words of the Act—the piece of the residence of Baines, although wi thin the borough of Leicester fri g ht not be within the county ? He would now come to the last objection; by the s tatute of 53(.1 George 111. it was enacted that the statute of 5 El iz buth should be still applicable. Now by the sth Elizabeth it was enacted teat the writ of excommunicatione cit piendo should be open, and so delivered to the Sheriff in the presence of the Jud g e—thi s was a cautio n It was to be open, e th t e Judges, in order that they might have an opp ortunit y of for ming an opinion as to red Now it did not appe a r rit had been d e liw ae d endto p r d o n t l e i c v et liberty etrht the presence oftli e s b n ji f . tance the proceeding.t that r i e n g t u h la e ri p ty re o s f en t t h i e ns open at all. It had merely been delivered, but not open, so that the Judges co uld have no i:pportunitv jr f„ rri 'd ng any opinion as to its validity- Here a form 'interposed by the law for the benefit of the sub j ect ha ,, riot been observed, • and th e p rocee dings connected w io .0 the arest could not b e considered other than illegal Losish; further He would not trouble their p, out 4 oultil submit that ;on the grounds CENTRAL CRIMINAL COURT. CALENDAR OF PRISONERS IN HER MAJESTY ' S GAOL OF NEWGATE FOR THE SESSION COMMENCING '3N MONDAY, NOVEMBER 23, 1840. The Right Hon. Thomas Johnson Lord Mayor. Michael Gibbs, Esq., Sheriff of London, and and Thomas garncombe, Esq., Sheriff of Middlesex. William Boyce James, Esq., and Under- Sheriffs. David Henry Stone, Esq., A SUAMART STATEMENT DESCRIPTIVE OF THE VARIOUS OFFENCES WITH WHICH THE PRISOKERS FOR TRIAL 6EVERALLY STAND CHARGED : Accessory before the fact . 1 Bigamy Burglary.. Coin, uttering and having in possession, counterfeit 12 Counting-house breaking and larceny 2 Cutting and wounding, &c. Embezzlement Forgery, and uttering forged instruments Housebreaking and larceny Larceny Larceny in a dwelling-house Larceny from the person Larceny by servants 2B Letter stealing from Post-office Misdemeanour Murder 1 Receiving stolen goods 9 Robbing Sheep stealing Shooting at a person, &c 1 Warehouse-breaking, larceny 1 Total 231 STATE OF HER 14IAJESTY'S GAOL OF NEVTGATE, NOV. 21, 1840. Males. Females. Prisoners under sentence of transpor tation for 14 years Do. for 7 years Prisoners for trial Do. whose judgment is respited Do. acquitted, being insane Do. committed by the Insolvent Debtor's Court 183 42 1 2 Total 231 WILLIAM WADHAM COPE, Keoper. POLICE INTELLIGENCE. MANSION-HO USE. A young man named Thomas Osborne was summoned for having thrown dirty water from a window upon a ung woman named Louisa Green, who was walking along the street. Tim complainant, who appeared to be an industrious young person, stated, that as she was passing down Winchester-street with some work, down came aquan- tity of water upon her bonnet and the work she had in her hand. She saw that the salute came from the win• dow of a house in which the defendant lived. Indeed them was no attetopt to deny the fact, but the conse quence was that her bonnet was spoiled and she had to go over her . work again. She had been employed three or four days in endeavouring to obtain recompense, and had been promised ten shillings, but as the father of the defendant refused to give her anything she was obliged to make this appeal. Sir CHAPMAN MARSHALL said that the complainant had been several times at the Mansion-house on the sub ject, and he really thought that the small sum which she demanded ought to have been paid long ago. Mr. Osborne, senior, said that the injury which the young woman had sustained was really nothing, for the water which fell upon her did not amount to more than a cup full, and it was not by any means very dirty. B. • sides the thing was unintentional, for the fact was that his son, finding that all the other vessels in the bedroom were full, flung the water out of the window because there was no other place for it. Tho defendant entertained the opinion which his fa ther had expressed as to the trivial nature of the damage. Sir CHAPMAN MAnstiALL expressed his surprise at the hesitation of the two gentlemen to pay the ten shil lings, and said that if a son of his happened to fling ' water upon a poor girl, although it might not happen to be very dirty water, he would at once have given her at least double the sum she was willing to take. Mr. Osborne, sen.—Let her produce the bonnet and show the injury it has received. lam willing to pay for any injury, but this is an imposition. Mr. Hobler—Perhaps, Sir, you don't know that your son may be fined 40s. for emptying his basin into the street? Mr. Osborne, sen.—Sir, the girl shall not be paid this demand. I know that she received no damage. Mr. Hobler—The Lord Mayor can inflict a penalty or bind over your son to appear at the sessions. Mr. Osborne, sen.—Sir, my father was Mayor of Hull three tirnes.—(Laughter.) My son shall go to the sessions. Sir CHAPMAN MARSHALL—Very well ; I would ad vice you to settle the matter. Ten shillings is a mere trifle to you, and if this goes to the sessions it will prove very troublesome and may be very expensive. Mr. Osborne, sen.—Oh, it may go to the sessions. Although my lather has not been Lord Mayor of Lon don, he has been Mayor of Hull three times.—(Laugh ter.) Let it go to the sessions. Mr. Osborne and his son were then walking towards the door, but Mr. Hobler said—Officer, you must not let the young gentleman go until two sureties are en tered into for 201. each for his appearance. The defendant and his father then walked into the next room, and paid the ten shillings to the young wo man, and the expenses. BOW- STREET. William Thomas Dwelly, an ironmonger, in St. Martin's-lane, was brought up for re-examination, charged with having assaulted his wife. The defend- . ant's former examination took place on Saturday, the 7th instant, on which occasion he was remanded, his wife not being then able to appear against him, in consequence of the injuries she had received. The defendant was in the meantime admitted to bail. The wife now appeared, but was evidently in a very weak state, and in consequence was allowed the accommo dation of a chair whilst giving her evidence. Mr. Flower appeared as solicitor for the prosecu tion, and Mr. Piggott appeared as counsel for the de fendant. The prosecutrix stated that on Saturday, the 31st of October, the prisoner came to her and demanded the keys of a room on the second floor, in which she kept some property of her own. That, on her refusing to give them to him, he took her by the waist, and took them from her by force ; that she then went down stairs ; and that, while she was descend ing the stairs, the defendant struck her ; and, on her turning round, he kicked her with great violence in her chest—that she clung to the bannisters to pre vent herself from falling, upon which the defendant said he would throw her from the top of the stairs to the bottom, and endeavoured to make her let go her hold of the bannisters by striking her hands with a roller— that he at length succeeded in compelling her to let go her hold, and he then again seized her and dashed her to the ground with great violence, and, while she laid upon the floor, he stamped upon her face with his foot. He afterwards knelt upon her with all his weight, and plunged his knees against her with great force several times. She was in a state of pregnancy at the time— she was quick with child. Witness said to him, " Oh, William, William, you have killed my child," to which he replied, " And a good job too, you d d bitch ; I wish I had killed you at the same time." Witness was dreadfully alarmed, and in great pain. She struggled with the defendant, being in what she then believed to be the agonies of death, and her screams at length brought Mr. Harrison, a lodger in the house, to her assistance. Mr. TWYFORD—I believe you have since been de livered of a still-born child ? Witness—l was delivered of a still-born child soon after the defendant treated me in the manner I have stated. Mr. TWYFORD — Was that child alive at the time the defendant commenced his attack upon you? Witne ss —lt was. Mr. TWYFORD—The ease has now assumed so serious a complexion that I cannot think of disposing of it summarily. I must commit the defendant for trial at the Sessions, I will, however, admit him to bail, him self in 801., and two sureties in 401. each. Mr. Piggott pressed the worthy Magistrate to dispose of the case at once, but Mr. Tvrytord said he would not do so. The defendant then put in the required bail for his appearance at the next Sessions, and was discharged. Q UEEN-SQ DARE . Mr. Thomas Parker, a rate-payer of St Margaret, Westminster, applied to the presiding Magistrate, Mr. Burrell, r for his assistan ce un d er t h e f o ll ow i ng extraor na,circumstances :—Applicant stated that, about three weeks since, he let a f urn i s h e d room i n one f his houses, at No. 20, St. Anne-street, to a man and his wife ; and on Thursday morning, having some reason to suspect that his lodgers had left, he went to the door o f the apartment, but fou n d i t locked. He waited until the afternoon, when finding that the person who had taken the place did not return, and being apprehensive that a portion of his property might have been carried off, he forced open the door, and, to his surprise, discovered a man lying in the bed in so dreadful a state of paralysis as to be unable to move a limb. The account collected from him at intervals was, that he was distantly related to the wife of his lodger, and, being seized with a fit, had laid down upon their bed, and that on Wednesday morning the man and woman bad gone ou t, as they pretended, on an errand , an d bad there loft h im to die ; indeed, he had never ag ain ex p ected to see a living being. Applicant's object was to know what be was to do with the unfortunate and afflicted man ? Mr. BURRELL inquired if he had made application to the parish officers ?—Applicant said he had, but they would give him no assistance. It was unreasonable to suppose that he was to bear the burden. BURRELL said, that perhaps it would be better if he were again to apply and state the peculiar urgency of the case. Applicant declared that he and his wife had made no less than five applications during Friday and that morn. ing (Saturday). Mr. Restall, clerk to the Board of Guardians, had threatened to take him by the shoulders and turn him out of the place. Mr. BURRELL Admitted that he did not know what to do. Applicant said it was dreadful to see a fellow-creature dying in a place like London from want. The poor creature who was now lying at his house, had declared that he had received neither victuals nor drink of any kind for the last four days. He was insensible from starvation. Mr. BURRELL desired Smith, the chief usher, to give his respects to Mr. Restall, and say he should be much obliged if he would step down to the office for five minutes. Smith, on his return, said he had delivered the mes sage, and the clerk's reply was, " Then, I'm sure I shan't come." Mr. BURRELL told the applicant that he was sorry he could not help him ; he would, however, send in the course of the evening to the overseers, but, of course, was not prepared to say what the result might be. Applicant then retired, observing that it was the most cruel case he had ever met with. Pending these solicitations, the unfortunate man, we presume, is left to die. UNION-HALL. CHARGE OE BlGAMY.—F'exier Anthony Cullen, one of the actors at the Surrey Theatre, was brought before Mr. TRAILL, charged with bigamy. The prisoner has only recently recovered from a concussion of the brain, produced by a tremendous blow on the head, inflicted by a man who was convicted of the offence at the Cen tral Criminal Court, and sentenced to fifteen years' transportation. The circumstances which led to the present charge against the prisoner are rather of an ex traordinary nature, and may be thus briefly narrated : On Friday last Mr. Cullen, the performer, attended at this Court and preferred a charge against his brother, William Cullen, and another young man, a relative of the family. His statement against the accused parties was that they came to the house of his newly-married wife and created a disturbance by knocking at the window shutters between the hours of twelve and one o'clock in the morning. The complainant on that oc casion represented that he had recently married a lady of considerable property, and that having it in his power he was disposed to assist his brother, who was la very indigent circumstances, but that finding the latter was very unsteady in his conduct and not to be depended upon, he determined not to have anything more to do with him ; and this determination on his part excited the ire of his brother, who came to his house and an• noyed him as above described. The Magistrate, on hearing the facts, dismissed the defendants, and they had not been many hours liberated before the person who made the complaint against them was himself given into custody on a charge of bigamy, and brought up to this Court, when the following evidence was adduced against him William Bristow, a young man, nineteen years of age, stated that on Monday last, his mother, alter a short courtship, was married to the prisoner ; he (witness) was not at present at the ceremony, but his mother, who was in attendance in Court, would vouch for the fact. On Friday afternoon the prisoner's brother called on witness, and represented that he had another wife living, and to prove the fact, he said that he had seen her the same day, and that he could procure the register of his marriage to Mary Ann Mitchell, on the 23d of Feb. 1824. The prisoner's brother and witness then proceeded to St. Mary's church, White:chapel, and pro cured the certificate of the marriage, and afterwards, at the desire of the second wife, the prisoner was given into custody. William Cullen, brother of the defendant, stated, that at the period of the prisoner's first marriage in 1824 to Mary Ann Mitchell, they went to live together in Hounsilitch, at which time he was a performer at the Pavilion theatre. Ho remained with her about six years, and then left her, sod subsequently got an engage men: at the Surrey theatre, where he has remained ever since. Witness was certain that 'he had seen his brother's former wife on the previous day, and he spoke to her and acquainted her that he had been married to another woman on Monday last. The witness 'said that the first wife was not in Court, but that he was convinced that if she was apprised that her atte.dance would be necessary in following up this charge against her husband, she would be present on the next exami nation. In reply to the Magistrate, the witness said that he was not present himself at his brother's first marriage, but ha was confident of the fact : besides, on seeing. the register of the marriage at St. Mary's Church, White chapel, he immediately on observing the signature of his brother identified it as his handwriting. Mr. TRAILL said that it either of the witnesses who were present at the first marriage were alive their evi dence of the fact would be necessary. William Cullen stated that he believed they were both still in existence, and that it a few days more were allowed, he had no doubt that he would be enabled to bring them forward. He added that his father, and the other members of the family, all perfectly well knew that the prisoner had another wife living at the time he contracted the second marriage. The prisoner here observed, that his first wife was dead, and that the present charge was trumped up against him in consequence of his having preferred an accusation against his brother at the Court on the pre.- ceding day, and that the latter was the instigator of the present proceedings against him. He reiterated that the lady whom he married on Monday last was his law ful wile, and that he had no other in existence. Mr. TRAILL said that, as the case at present stood, he was bound to remand the prisoner, the certificates of the two marriages having been produced, and it being alleged by one of the witnesses that his first wife was seen only on the previous day. The second wife, a middle-aged woman, stepped.for ward, and, addressing the Magistrate, requested to be hifornied whether she would be justified in taking pos session of the property belonging to her,-and which was removed from.her former residence to the house taken by the prisoner alter their marriage? She added that there were many documents relating to property, all of which she was anxious to regain the possession of on finding that it was not a legal - marriage. The prisoner said he had not the least objection to his wife taking care of their property, and he added that he would be enabled to prove that at the period of his marriage with her he had no wife living. He then requested that the policeman, who had taken his gold watch, chain, and seals from him, might be ordered to deliver them up to him. The Magistrate having• given the necessary direc tions on the subject, then remanded the prisoner until Tuesday. Previously to the prisoner being taken from the bar, he stretched out his hand to his wife, and asked her to shake hands with him. She, however, refused to com ply, and he then said that he would prove before long that it was all the result of a conspiracy against EVEN !NG ED t TION. he had already stated, the defendant was entitled to his discharge. Mr. Hill was about to address the Court, when their Lordships consulted together as to the mode of proceed and, after some little discussion , it was ing in the case ; settled that thd course pursued hi the case of the Canadian prisoners, should be adopted as a precedent to be followed in all future similar cases—viz., that all the Counsel for the prisoner should be heard, then all the Counsel in sup port of the return ; and that one Counsel for the prisoner should be heard in reply. Mr. M. D. HILL would take the objections in the same order as the Attorney-General had done. And, first, he contended that the certificate ought to run in the name of the Archbishop. It was quite clear that unless the 55th George 111. made some alteration in the law on the sub ject the certificate must run in the name of the Archbishop. The ATTORNEY-GENERAL said that he had just been in formed case dischargedof the de fendant thhaatdinbetQueen v. Jones," the by the Court OR the very ground that the certificate had run in the name cf the Sur rogate instead of the Bishop. Lord DEN MAN said the case had not yet been reported. He recollected the prisoner had been discharged, but it be remembered rightly there had been several grounds of ob- jection. Mr. WILLIAMS had been in the case of the Queen and Jones, and the Court had stated the ground of the juiig- ment in that case to be that the significavit had run in the name of the Surrogate instead of the Bishop. Mr. BILL said, on that abjection it was clear, unless the Act of George 111. had made a charge in the lawn, the significat must run in the name of the Bishop. In ad dition to what had been said by the Attorney-General on that point, he would merely quote Viner's Abridgment, under the head Ecclesiastical Law, in which it. was stated that what was done by the Commissary was of equal power as if it had be en done by the Bishop, inasmuch as the Bishop was the principal ; but all things must therefore be done in the name of the Bishop, although it might be done by the Commissary. This was precisely the same principle as the execration of deeds by a power of attorney —the deed must be executed in the name of the principal and not of the attorney. The Bishop is the Judge, the Com missary is merely his representative. The Bishop had aright to sit as Judge if he liked—nay, some cases where clergymen were concerned he was obliged to sit as a Judge. It was ex pressly laid down in the Bishop of St. David's case, Ist Salt hill, p. 132, that Commissary only sat in case of the Bishop The Court was perfectly cognizant of the Archbishop, the Bishop, and even the Archdeacon, but they had no cogni zance of any officer of the attorney—of the Bishop, as it were. If the objections taken by the Attorney-General were good, then it followed, as a matter of course, that the whole proceedings in the case were bad and il legal. The Learned Gentleman quoted several cases to show that the Court was at all times anxious to see that in any case where the liberty of the subject was involved, the preliminary proceedings were regular. Now in the present case it did not appear upon the face of the significavit that the rate was such a one as could be enforced by the Spiritual Court. It did not appear to the Court how the rate was made—whether it was agreed by the inhabitants in vestry assembled, or whether it was made by the churchwardens, even against the will of the parishioners. The significavit only said that iMr. Baines had had the usual notice; but that would not do, for the Court was left in entire ignorance of what the usual notice was. It had always been the policy of the Conrt to watch, with the utmost jealousy, the attempts of the Ecclesiastical Courts to proceed against a party in his absence ; and he trusted, that in the present case, their Lordships would quash the proceedings, which were so clearly irregular. Mr. BAINES and Mr. MELLOR followed on the same side ; but as the case had been so ably argued by the Learned Gentlemen who had preceded them, they de clined to occupy the time of the Court further than calling their attention to a few cases analagous to the one under consideration. Mr. WIGEITMAN said he had to support the sufficiency of the significavit, and, in doing so, he thought it would be best for him to take the objections in the order in which they were made. The first was that taken by the At- j torney- General, viz., that the significavit was had, because it was in the name of Sir Herbert Jenner, and not in that of the Archbishop of Canterbury. It was laid down in Gibson 923, that the significavit was to issue from the same Judge as issued the citation. In this case the cita tion was made by Sir H. Jenner, by him, therefore, wee the sienificevit to be issued— that was the plain direction of the 53d George the Third. His Learned Friends bad ' most it regularly introduced much matter that was irrele vant. The Court could not quash the rate. All that the Court had to look at was the Habeas Corpus and the re turn made to it. It would have been fatal to their cause if they had changed the cause of their proceeding for the purpose of a significavit, and had made the significavit in the name of the Archbishop, he not being the Judge who made the citation, not being the Judge who made the decree, and not being the Judge who pronounced the party in contempt. Another objection raised was, that this was a final decree, though there was no appearance, and it was said the Court had no jurisdiction or authority to make a final decree be tween the parties, unless there was an appearance. The Learned Gentleman, upon this point, read an affidavit made by a proctor of Doctor's Commons, who stated that he had been in practice for 13 years, and that it was the constant and invariable practice of the Arches and other Ecclesiastical Courts, to hear and determine a cause in the absence of a party who was contumacious and did not appear after having been served with a citation. But he suh mitt ed that that their Lordships would not interfere with the jurisdiction of a Court which had not departed from its regular course of proceed ing. Indeed it did not appear on the face of the will, that there had been any final judgment or de cree against him, The citation was for Baines to pay—he would not pay, and would not appear, and was therefore deemed contumacious. He begged leave, therefore, to submit, without reference to the argument, that if it were a final judgment, it was perfectly regular according i to the practice of the Ecclesiastical Court, and that it ne where appeared there had been a final decree or anything else, than a judgment between the Churchwarden on the one part, and William Baines on the other, in a suit in which the proceedings had been carried on in pain of the contumacy. Mr. Justice COLERIDGE—Then there are the costa. Mr. WIGIITNIAN—That was a matter again entirely for the consideration of the Ecclesiasticat Court. The reading the significavit introduced another question arising on the form of the Writ of the Court, could take notice of the writ now. He hed before protested against the writ being considered, but, subject to that protest, he would consider the 4th objection the other side had made, namely, that the writ did not describe the place of abode in the manner pointed out by the schedule of the 53d Geo. 111. It was for his Learned Friend to show it was possible that part of the borough of Leicester was in another county. Lord DeemeN—Wbyd'dfotehjue'loteu;sdweeo.pualrdltfhfariotyme had ar in b the form pre scribed by the Act ? Mr. WIGIITMAN o bserv ed that no doubt it would have been better to follow the strict words, but he submitted seebeneca " Ti .c e 9e there ytio, curschwoe. county, Sheriffs'" , ambiguity sameguity iinfi county was th e county of Leicester. fifth objection, he confer,sed, he was rather surprised to hear taken—namely, that it did not appear the writ was delivered open in the presence of the Judge. Was it competent for his Learned Friend to say that because it did not appear from the statement annexed to the writ that it was delivered open, that therefore that had not been done ? If his Learned Friend could chew by affidavit, or suggest to the Court that the due course of proceeding required by law was not taken in this case, then it might be competent for him to make the objection. The Court would presume that the writ was delivered in a proper manner, unless it was shewn to the satisfaction of the Court that the proceeding was not strictly regular. There was one objection, though not made by the Learned Attorney General, was taken by Mr. Baines, namely, that it did not app ear the Ecclesiastical Court bad any jurisdic tion with respect to this church -rate, because the sum was utidtr 101. That objection he (Mr. Wightman) sub mitted was not better founded than any of the others, The Ecclesiastical Court had a general jurisdiction over C hurch -rates, but it was the Magistrates who had the t o particula r j ur i s di ct i on given th em by the statute of 53 Geor ge 111 . I n t h e case o f th e Ki ng against the Church- Nlullg rove, 5 N laule an d S e l wyn, t h e C ou rt held that the Ju stices could n o t interfere unless it appeared the amount 6tatute was under 1 0 1 , an d no ques ti on h a d been made as to the va lidity of the rate i n t h e Ecclesiaitical Court. But here pre_ pLearned Counsel, in conclusion, submitted that the signifi . the Magistrates bad no juri sd iction. The c , avit had b een issued accor di ng to t h e very wor d s o f t h e were had, and that the issuing of the significavit in the by the J u d ge before whom all the proceedings de cree was made name hla of the Archbishop would have been clearly irregular, th e t t the s econd ground of objection entirely failed, because c"urse of proceeding was one that wholly and solely belonged to the Ecclesiastical Court who was the sole judg e of its own rules of prctice ; that the de- Ecclesiastic a l g a case of subtraction Court , b . appeared the sn it of Church. rates rt em-; es ; that their Lordships would not interfere. on the of h ,cause of proceeding being in a suit within the jurisdiction of the different from ground sc• of the clam° , l aw, the practice provided it equivalent to saying , being it did not appear front flw the Ecclesiastical Court was stating the in the county of Lei cester,Party to be in your county ;" and with respect t o the last objection, the Court at had Wasjurisdiction in which writ that it was not delivered open in Westminster, or to the Sheriff of I . , eicestesshire, but that i . f it had would not been so deli vered, it have bee n for his Learned Friend to show ' by affidavit, and that lie was not to " as sume there had been any irre ularitY• ~ Mr. Justice LITTLEDALE gYou couna not putd. itself;that on affidavit. That is an objection Act, bit but you conid not, under sergeant Onslow's , g it under discussion by affidavit- y o u must not judge by the writ itself. but the writ is Mr. WIGIITNIAN—NO doubt, my Lord, b itted not before you. The Learned Counsel then " Colt to procee mg that no objection had been niadcltothienduce the discharge the prisoner out of custody. The ATTAINEY-nENERAL replied. Lord DENNIAN—W e l \\ e nes ay tions ; but he will certainly g ive judgment En morning. must consider some of t T li d e objdee- and accomplished P r i ncess B o rgbese' ItoME, OCT. yesterday evening the young whose premature dvath all Rome laments ' was buried in the family vault in the church of Santa Maria Majorc. The funeral was on a magnificent scale. Th e h earse was draw n b y a large num ber of )outig men, and an immense crowd th e mortal rr mains of the Princess to their last a abode. There is a great mort a lity here in all classes, indepen panied dently of the numerou s deaths of the smallp o x . Th e Duchess de Riguano, daughter of the Prince de Piombion, is also dying. THE FOSSIL 'FREES ON TILE BOLTON RAIL WAY —On Wednesday last a party, consisting of thirty persons, proceeded Sy the Bolton railway from this town to Dixon Fold to examine these very extraordinary relics LAMBETH-STREET. On Saturday much of the time of Mr. Henry was occupied in the examination of Charles Stanley, the Brick-lane barber and wholesale receiver of stolen pro perty, and the five men who stood remanded with him. It will be recollected that Stanley being suspected of having received a chest of tea, which had been stolen by two of the other prisoners, a search-warrant was granted to the officers, and on searching his house nearly a waggon load of property, of various descriptions, and of which he could give no satisfactory account, was found there. Amongst the property was a quantity of tea, and part of the wood-work of a tea-chest was found stuck up the chimney ; but Mr. Henry did not think the evidence sufficiently strong to convict him on the charge of re ceiving the tea, knowing it to be stolen. The first ease entered on was that of Adam Klenck, a bald-headed old man, who was charged with stealing a quantity of tobacco and snuff, the property of his em ployers, Messrs. Ceale and Huxley, tobacco and snuff manufacturers in Whitechapel-road. Mr. C. Phillips, the barrister, and Mr. Pelham, jun. , attended en behalf of the prisoner, and Mr. Charnock, the barrister, and Mr. Humphries, the solicitor, ap peared for the prosecution. From the evidence adduced it appeared that while the officers were searching the house of Stanley, the prisoner came into the shop, and, on being searched, upwards of three pounds of snuff and a quantity of tobacco was found, all of which, as well as that found upon his person, has been identified as the property of his employers. It also appeared from the state ment of Mr. Ceale, that within the last three years the firm had missed from their stock upwards of 22,000 lbs. weight of tobacco, so that there can be but little doubt that the pl.:sour, who held a very confidential situation, and had been in their service for upwards of thirteen years, must have plundered them to a considerable ex tent.—The prisoner was fully committed for trial. James Brown was next put to the bar on a charge of stealing about 401bs. weight of roasted coffee. This person also entered the shop of the barber while the offi cers were there, and on perceiving them lie very cr • ningly popped his burthen in a c orner, and pp self' into the barber's chair and re q uested the barber to d chum., shave him. The officers, however, perceiving that he had been close shaved a short time before, and.deidd not s require a second edition of' that operation,examueinstioneid bag, and finding it to contain the coffee,. they q him as to how it came into h po s unsatisfactory,essi on, and t h e h y i his o a o n k .. swers being very evasive and him into custody. Colirreecwtiaosnc . ommitted for one mon th to the House o c harged with stealing a carpet, Edward Miller wa s of the value of 41., the property of Joseph Skinner, in Whitechapel-road. The prisoner appeared also to be a customer to the barber, for, while Inspectors Evans, Fogg , and Crou cher, were there, he came up a passage, knocked at a back door, and, on its being partly opened , he in a low tone of voice asked, "Ishe at home'?" Mr. Evans replied, " Yes, he is," and, catching bun at tne same time by the collar, drew both him and the carpet in. On being questioned as to how he became possessed of it, he said that " two gentlemen in black had employed ban to take it to the barber's shop." Mr. Skinner deposed that the carp et had been stoke from his shop about half an hour bef ore it was found ia the prisoner's possession. The prisoner was luny comrdtted for tri , l. a Stanley, the receiver, was next pu t to the bar,ssi.. 0 charge of receiving two cheeses , the p ro p erty of Alhi:e. e Larking and Co., wholesale cheesemo n g crs, in W chapel. Mr. Wontner attended for the priioner.l h It was stated in evidence that on the evening of the 9f inst., a youth, in the service of a mas ter carnian, °b served a man steal two Derby chees es out of a cart belonging to Messrs. Larking, while it vval standing at the shop of Mr. Clark, a cheesemonger in of 0 White chaPel al , and he instantly followed the man through sever.e streets, and at length saw him go into the shop prisoner. He looked out for a policem an to inform biro of the circumstance, but not seeing one, named Hulbard, in the employ ment of Messrs Merry and Nutter, also wholesale ehsemongers. HulbArdi in consequence, entered the shop, but the prisoner d . 0- nied all knowledge of the cheese ; but on pis dec iari g and that er he would not leave the place without them, would be satisfied with their restoration, the prisoner changed his tone, and having said he suppose d hilli n dy he told a mon be one of the ' right sort," gave him a glass of hiT-bit't desired him to say nothing about the m atter, an" . 0 he would send the cheeses to him. He then w ent t o his cart, and, after driving some distance, th e inz A daughters of the prisoner overtook him, eac h h i ., 4 L ) . cheese under their.apron, and gave them tiP. ° -- 'the Mr. Wontner urged that there was nothing in case likely to lead to the conviction of the pris °n at e io for the consideration of the Mr. HENAT replied that that would be a Qu e— ° t h e pig Jury, and com oo soner for trial. "tted ING L AST WEEK THE MARKETS• COUNTRY CORN MARKETS DURING' 1- %sc. Wheat. 1 Barley. Oats. I 13e413 ""---'. ato 6 . si3, P H2il e aeieotr r ixirittiri p hs,ieetal u ethim a dh rter. i st,i_ s oo9 . to 6,_65 4 22 . 84 33_c_ s 827 . to ..c33 ; :50 .. ,ii 322: 8 1 . 3 to 3_1, 5 3;2.12 t• Winchest rI 51 61 cs 29 0 o. d ' 0 0 Per Bushel s. d i s.d. s.d. s.d. s: d. ~, Carmarthen . I 7100 s. 5000 ' ,2256 Cowbridge 10 o—o 50 56 30 40 5 (1 „ . 01 5 6 - Swansea 7B 84 40 46 20 e 4 5 iq 6 12 ,' Per 80. 111 Barnardca ll stl 11 6210 8 0 93 7 4 6ti 1 ° 6 (1 ° Duam l2 616 0 9 7 9 8 91 0 • . Rich rh mond ll 0 1 14 6 70 9 0 56 8(I !! ° 7 0g 0 0 - , Stockton l3 01)0 9 0 90, 7 0 6 0 t' A' 65 1 WAKEFIELD CORN MARKB. fine to b? , * ane 1 1 n 12 6 6 210 80 931 74 6 6 1 - - 1 .4 1 010 • . 7 1 , O • 15 6 7 0 9i 56 8 0 8 . 0 , 1 A 6 ,0 lit) 90 90 70 130 It', - _ L 4 l 7 .. A a K nd E C F a l i E ns, l . .. , ii. D .ii. .. C.k....0.....11.....7 !L . !: ; ne e:: I .l'neat, Red, Norfolk and , pis, to. b 2 s• ~,„, eas - Yorkshire _B. .....s. t 0 • 6 ,,, 69G W hite Foreign, Ited ... s. toy % n o /04 --- White ..... ....s. to 6 01 . im , 31)II. Barley, Norfolk and Suffolk .......................• ....s. to 3 5 , ,,,5. fine 34a. Lincolnshire ............................... .. --s. to ` 1 "!' floe 36 0 . - Yorkshire Wold . . os. to --='• tine 3314 .......................... ....., to Xs. _ h Foreign - • Beans, New -- Old Oats, Potato ..... --s. to 30i. ,_.,1. --- Poland .. .s _s. to :3 00 . Wine 28h - Vriezland and Small . .... 6. --S. t 0 `2438.., WOG - b.;, , aling .......... ... ...... lc , ' to .13k i d • P,', - , Loser Shelling :116:Etor858.111; Malt - _ T .., Rapeseed --Los. 26/.os. 301. OS. Pe' '- NEWCASTLE CORN EXC ti ANGB• white. Red. ...s. 680 Wheat, Northumberland 59.. s. ......68s' g.,,5. - Norfolk 66 5 . 695. ..... and Sutton - Berwick and Scotch ............. --"" Foreign 62s. 665. .. 6- ....., Rye, Norfolk Rild Suffolk 31* 3is .... -- 5 * - ) 5 ... ..„.s, --5. o - Foreign 2os. 33i. ...... . .....5. ~., Barley, Malting, Norfolk and Suffolk --s• --5 ....... -- . r '..; Grinding mid Feeding ... .....5. .."-• Malt Norfolk , and Sutlblk., ...... . i4s 6S , ....... ....s. V Beans, Small 4oi. i 53•,,.••• .....6. ....._ 20 - Tick Pease, White 44s 405. • ..• •-- 5 , • •"7 , ..-• • - Gray . ...., -s ...... • ...s. Oats, Northumberland, l'otatoe . ... 30s, 325.. ...... ..." -s. _.... .--.-- ----- ---. Fced ...... 0 30 , ...... -...5. ----. • * ........... • .ln s . ......s .- ' - -- Foreign -"5. ....3 ....... • ...11. Flour (per sack) 4wi. Mi. ...... .... S. olon Barley. Wheat. Oati. :---- 33 to xi :4 35 Deans. 1----- ---. 60 to 70 26 to .... 17 to 'lO "" t ° 3 - ; 33 45 15 21 16 25 3 3 ( 1` ( ; 4.. 50 24 26 17 IS 2 048 65 :26 31 18 22 2 11 n 48 68 26 49 23 27 40 7, 55 60 30 20 28 IF g; 50 60 27 10 1 9 23 3' 2 ~, 39 45 .21 24. 17 24 3) •;;;; 02 67 36 33 45 , 60 '4 30 40 25 - 35 41 'l` arc of the measure varies throughout the C HADDINGI'ON CottN MARKET. 1 • Wheat. Barley. Oats. P ease. 70s Od 34s 6 , 1 23s 01 463 &A €os Od 30s Id 2 s ed 42s 140 52s Ocl. 27s Od 22s Od —s Oct .veragc....4 2/. 10, 81 7 12ths. , DALKEITH CORN MARKET.. Il• Wh e at' Batley. I Oats. rease. t fleAnA 15, . a .32s 00 l 2tis Oct 40: Od, 49=r". 00s Od 2.+51(10 1 23s 80 46 Od i 46 , „" t i 46s Od 2ls Od 161 8d 42. 04 1 4i , u 3LASOOW COltN Mi BAET.—Nov. 111 Whcat, per 24011). s. ti. a. tt. Oat, pet 20411). 6ritisli, old --- new Cviatia, free 0 0 Beans, per 26011 Iri6h _ . I Berwick Zoldstream Cupar (Fife) Dunbar Elgin Inverness Kelso , Kirkaldy Perth I* -- - The •••• ~ 40 .... ,° ~ 43 )untrY• 8" , 7 --50d od ..-4 , ....s eu First Second ' "Third First Second Third itiot° l o‘ 150 1. 24e 94 6 .21 - 0 94 ti . 17 40 Barley, por 3201 b English 27 I ?A 0 Scottish "2 0 24 6 Irish Seas!) ................. Pease, Scottish ...... Oatmeal,per 1401 b.... Flour, per 250144.-,-... THE SIEGE 07 FLORENCE.—ThiS is a O r Y spird romace, abouns with variety of incident' stro ite ng situation n and s, and forcible delineations of character; and, combined with events of great historical intreat! lays claim to a high place amongst the vvorkt of fiction (/' the present day. The period chosen by the author in the earlier part of the 16th century. when Florence Os" against the house of Medici and battled for republil liberty. The-hero of the story is a young student, nnnia,. Francisco, the Secretary to the great Nicolo Macisve,4 who is loved at once by the noble and beautiful Eugenia Capponi, and by the no less lovely, but obscure Teregai The love scenes are pourtrayed with great tenderness an, truth, but they form only an adjunct to the general featnre' o f the romance. The author's style is forcible, his dialoged dramatic, his descriptions arc marked by great beauty , sa l the situations into which his actors are thrown are ature and striking. There are passages in his volumes that sit not exceeded in beauty of power by any romance writer 01 the day."--Moraing Herald. SIR GEORGE SINCLAIR, BART., ivi.p....._Wre can confidently contradict a paragraph which appeared ia t s h c e otchjourii metropolitan l : t h p a a t p t e h r e s a o b f o v ebatituornd.ayßalraosnt,etcowpaiesdsufffreorminat from ill healthl, at Thurso Castle. A private letter was re ceived in town, on Sturday, from Sir George, who was at Edinburgh, having arrived there the -revious evening fro the above seat in, we are happy to sa), excellent health- ST. BRIDE'S FLEET-STREET.—eterday . this c hurch, w hich has recently undergone extensive., f.e_., pairs, was re-opened. Three sermons were preached for the benefit o f the charity school which has been aew erected in Bride-lane —that in the morning by the Re' , m a yo. Dale, the rector of the parish, at which the Lorn 4 d, and Sheriffs of London were present, the sum of 100/.°6* Ass preachedwe v a r s n c i n o g lle b c by t y e d ttihi a ee t Rii t h eo e vn. d . camonrdrs.. Rev.D In nn Denham, Baptistah r n e e afternoonilol eI a g_; andse r i on theof TT St hh . eis Br church r i B ride's, e e ' s e , h at both anyd e d o s f orpiechrsolibseruanlacoelletoctgi • a n 9: a d l ectur e e ,n e i I :a , s e ; ; ( o l a l 7 t ; and decorations with a th e e °l- ' ; ' M fairlyap y fen " c v h ure n h i is i n rote or r ri gl a r l o :r fir: tropolis. -------gefgsWg„ 1 4 . 6 . ‘. ?A-TENT:LEyER WA Ttir, 6 0 With silver deuble-bottom cases ................ PI 16 6 With silver hunting eases ............... —.. .... ............ ' ,bieh This celebrated construction (the . . Most accurate °) r e e' a watch can be made) is now offered, with the latest llholes• ments i. e. the detahed escapement, jevvelled is I° S tytnie capped, hand to mark s the seconds, hard enamel dial, an ibnie at the taming power to continue going s7hile winding up , price lieb ti). n, A printed warranty is give with fixed terms, soli' Watches will always receive any attention needesl. T. COX S.AVORY, dee r° Watchmaker, Silver and Goldsmith, 47, Cornhill (Sell a from Gracechurch-street), London. N. B.—Second-hand Watches purchased in exchange' --- 0110 0 i ti four wer 0 FLAT SILVER WATCHES, 41- 6 , - , -- idc ost each.—Elegant Silver Watches, suitable for the ' /I l i oles• pocket, with the horizontal escapement, jewelled silver dials, hand to mark the seconds, maintaining P,, 4 to the continue going whilst being wound, and double bat"..anted cases ; price 41. 161. 6d each. The performance is vra °Y '.,„ r ,,,itn A. B. SAVORY and SONS, 9, C ornhill, London, the Bank of England. SO PAPIER MACHE TEA TRAYS , of FULL SIZED GOTHIC SHAPE. Superior L pritsa Table Knives, with ivory handles, 14s. per dazien p er; fpm Poles for Window Curtains, 11 inch diameter , Is. 3 0 . ps. 2 inches, ls. lid. per foot ; bronzed fenders, 4 feet lonS' ore.. Catalogues gratis, containing the prices of stoves, fenders4,oo., irons, kitchen utensils, and every article ia furnishing i mongery. ent• RIPPON and BURTON, Wells-street, Oxforg-ftr Established 1320. 605. Mono, ...__._....••-.--.."""""...-------,--,--. _ _ _________ .11ATHS. Is On the 17th inst., Mn.s E. S( per, of G Aso:I - sq uare, tan, of a son. IL Q rreY, 1 % 1 " . On the 20th inst., at Tooting-common, .-Al Brooks, of a son. On the 21st inst., at Grove-terrace, Kentish. to wn, Di li ' 1. 's W. Taylor of a son. o f (sP t jai . ' On the 19th inst., at Clevrer, Windsor, the lady Bulkeley, let Life Guards, of a son. _ O O sn n mt t ah l ee e ,2 1 yO 9 t t oh l 19th ki i n n s is s t t i r . of A O i n r. th ,r e . ID9othoali,nt,sta.g,odatt;ClDollleEge-Dte.rrace, Islingt(ny " P ' Wife Shackell, of Get rard's-cro y s ' s, B e ueks. on On the 19th inst., at Bath, J. E. Wright, Esq., d nu ' i°ll' merly of the Boyal . Militar C lir-r, . l A na l g a l r evdina7 t s h po. widow of the late Mr. Joseph Military o ege, aged • o f T. All On the 20th . . inst., William Henry, the eldest son Wadd, Esq., surgeon, Basinghall-stree t. street, IJ9.2Chalm, Ansi ., ' l°l. On the 20th inst., Charlotte , eldest d 23aughter of M r. S' Lewis, of Highbury-place, Isling ton, aged . abeth, relict On the 19th inst., in Lansiowne -place, Eliz wife 4 the late G. Snow. Esq., of Langton, Dorsetshire. the On the 21st inst. , in Wilton - s treet, —doge Lieutenant. Colonel Chesney , R. A. Everilda, of London: Printed and Published by .1111111) 0 YOUNG. ii P i No. 112, Strartl, at The Sun. °Mee, No. 112. Strsod• the county of Al iddh”ex.—Nfontlay, Novernter 23p ISA ?ti , N.