The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-30 00:00:00

BLOCKADE OF ALGIERS.

0111RALT•R, APRIL 8.
The North Pole, Elihrt, from Iberia, and off Algiers,
arrived here yesterday, sent in by his Majesty's ship
Active, for a breach of blockade. She was oft' Algiers on
the lit instant. The Master reports, that Vice-Admiral
Sir 11. Neale landed six days before at Algiers, to confer
with the Dcy. The Viee-Cousul at Oran was allowed to
go about, and do business, and had shipped several car-
goes; two have just arrived here, one in a vessel under
English colours. It is reported that Bona has hem burnt
by two English frigates. _ .

Extract of a letter from the Agents to Lloyd's at Mar-
seilles, dated Sloth of April :
" His 31sjaty's ship Revenge, Vice-Admiral Sir Harry Neale,
sailed yesterday for :Malta. There appears to be no probability of
an early termination of the differences with the Regency of Algiers,
and all the ports of that territory are subjected to a rigorous block-
ade. Convoys have been granted for the protection of the trade
between Leghorn and the Straits ; but there is not the slightest
risk of capture, u it is astertained there are no Algcrine cruisers at
sea."

NAPI,ES, Aran 6.

His Royal Highness Prince Frederick of Orange arrived
here on the evening of the 2uth of March; and on the 22d,
accompanied by the Baron d'l'voy and the Count Lim-
burg Stirum, he waited upon his Majesty. The Minister
Medici entertained his Royal Highness at dinner on the
xth inst. • among the company weic Gcuend Frimont, the
Prince lime Homburg, and the Foreign Ministers.
The Marquis of Hastings has not yet arrived, but apart-
ments are taken for him in the Villa di Londra Hotel, and
he is daily expected, as is also the Sybil frigate, which will
transport the Noble Governor to Malta.
_ . .

Mr. Hamilton despatched a courier fur London in great,
haste on the 3d inst. It is said that this gentleman is to I
change his post, which is to be tilled by Mr. Hill, at present'
our Ambassador at the Court of Turin.
You have of course heard of the unfortunate death of
Miss Bathurst in the Tiber, and of the decease of the
Duchess of Devonshire at Rome. The loss of the latter
lady will be severely felt by the arts she protected, and by
the travellers, who were accustomed to find in her palace
a brilliant union of the learning and talent of Rome. I un-
derstand that, at the desire of her (,race, her body is to be
carried to England, and to be deposited in some favourite
spot in Staffordshire.
It is confidently affirmed that the King purposes visiting
Sicily this spring. I can state that preparations are making
at the palace for some movement, and hope, in a few days,
to be able to let you know to a certainty what that move-
ment will be.

ll'e have had the most rigorous weather for the last
month that has been known here for several years: there
has been an unusual number of broken bridges and blocked
up roads, of deluges, and of whirlwinds, and even at this
moment the cones of Vesuvius, and the tops of the neigh-
bouring mountains, are covered with snow. The Neapoli-
tans are of opinion that all this must mean something.

The Annual Grand Festival of the Ancient and Loyal
Fraternity of Free and Accepted Masons was held on Wed-
nesday, at the Freemasons Tavun ; Goural Sir John
Doyle, G.C.B. in the Chair.

LAW LVTELLIGENCE.

COIYIZT OF CHANCERY, Aran '9.

At the.stuinu of the Court, an elderly person, of gentleman-Tile
appearance, addressed the Court, and begged to be beard in font. 4
porperis.
The Loan CHANCE ~Los asked if he bad obtained an order to
entitle him to plead before the Court in that character?
The suitor replied that lie had not. He was unable to defray the
expzree of lawyers and attorneys, and if not permitted to slate his
own ease, he had no means of bringing it before Ins Lords,kip.
The Lunn Cnaucco. Lou said that he could not hear him un-
less be had obtained per.nissioa to plead in fiffnui parp:tis in a
regular matmer. Ile would, howevert take his papers; mel if,
upon a perusal of them, he was sanabod that there were mititdaetOry
1,70 U nils for entertaining his case, he would grant an order of patois-
sum to him to plead in furnui purperis.
G•EY v. OILEY.

Mr. fionmc mentioned this ease, agreeable to his Lordship's
de ire, who said he would appoint a day finally for hearing it.
The Luau CHANCELLOR said that Mr. Horne might take any
day he pleased in the course of the next week, with the exception
of Monday and Thuradoy, as he would in future Mt in the House
of Lords on those days, instead of Monday anti 'Wednesday. as
hitherto; Lord GiXorti would preside there on the o.lier days of the
week. . . . . .

Mr. 1101iNE then named Saturday, wilt hit Lordship's ',emir
stun.

IMRE WARD.

Mr. Harr occupied the principal part of the remainder of the i
day, in opposing the application fur a new trial in this protracted
cause. It will be in the recollection of our readers that two trials
have already taken place in this ease, which involves a question of
alleged illegality in the marriage of the parties entice whom
the defendant. grounds hi. right to a property of very considerable
amount. In the early part of lest term, several Counsel were heard
in support of an application for a new trial. The Lrarned Counsel
(Mr. Hart) now appeared to oppose that application, and princi-
pally applied himself to the point of misdirection to the Jury by
the Learned Judge, which was the chief ground on which the pre-
sent application rested. The part of the charge which was its- I
pugned, was that in which he stated that at the period at which the
marriage was said to have taken place, the low of England was 1
similar to that of Scotland, in dispensing with the intervention of
a clergyman at the solemnization of marriages. It was sufficient if
witnesses were present and cohabitation proved. Thesecircurastantwa, !
togethar with a declaration of * persica. were sufficient to constitute
a legal marriage. This was thelaw salad down by the Chief Justice,
which was impugned by the opposite side. His Learned Friends
had ci:ed many cases in support of their view of the case; indeed,
lie did not recollect a single instance in which so many legal autho-
rities and so many cases had been cited. Every Civilian and name of
authority, front Itnacton downwards, wee quoted ; and he found by
his notes forty sheets of brief covered with quotations and citations '
of this kind. Bracton had been principally relied upon, although
it was admitted that many parts of his writings were contradicted by
other parts, and his writings would furnish an athmiative until
negative support of the mine proposition. It should be also borne
in mind that Bracton was deeply engaged in the struggle for as-
cendancy that took place between the Papal and Saxon authorities.
The age in which he lived was one greatly distracted by religious
dissension. In the time of Innocent 111. the canon and civil law
prevailed throughout Europe by the weight of his power and the
Influence of his example. He was the hrst who declared it neces-
sary that marriage obould be aolemnized, is June coat:riot, by time
ministration of a clergyman, and accompanied by the celebration
of mass. Bracton's writings naturally partook of the turbulence
of those times, and his opinions were biassed by the contentions
that then existed. Had lie lived he would doubtless have corrected
many of the thoonsistencies which were now to be met with in his
writings. The Learned Cour.acl proceeded to read passages from
Bracton, with a view of showing that his opinions in certain pas-
sages were consonant to those of the Learned Judge. Ile then pro-
ceeded to the cases of Folcroft, front ": Roll's Abridgement of
Bunting," as reperted by Moor and Cooke, and various other
cases, in support of the law, as stated to bate prevailed previous
to the Marriage Act of Lord Hardwicke. In adverting to the dis-
tinctions to be made in those who were competent to celebrate
marriages, and in the illegality of marriages so rl wcized by Catho.
lie clergymen.
The LORD CHANCELLOR said, that the law recognised the
priestly character in clergymen of the Roman Catholic persuasion,
as in case of their conforming to the Protestant religion, re-ordina.
tion by a Protestant Bishop was not necessary This 'hewed that
they already possessed the clerical character. Ile was aware, that
previous to 1793 it was penal tor any Romani Catholic Bishop to
assign to himself a particular jurisdiction over any district; but
the law admitted that he possessed the characteristics and episcopal
qualifications to constitute him a Bishop.
Mr. Haar resumed, and continued to cite the authorities of the
civilians, from Bracton downwards, in support of the law as laid
down at the late trial; and contended, that the very authorities
which had been cited by the opposite Counsel were not at variance
with the conatniction of the law of marriage, as propounded by
the Learned Judge, and as stated to have prevailed at the period
of the alleged marriage. The Learned ()tamel concluded an
elaborate argument by hoping, that after two trials had already
taken place to try this question, his Lordship would refuse a third
issue, by withholding hie assent from the present application.
Mr. HanNE a followed on the same side. He was heard in part.
and at the direction of the Lord Chancellor will resume the argu-
ment in this rase at the sitting of the Court to-morrow.

VICE-CHANCELLOR'S COURT, Arm EL

IN NE ntsweixt, A AAAAA lIPT..

A petition had been presented, having for its object that the
Commission which had issued against the bankrupt might be set
aside. The petition was argued on the 14th instant, when it none
out that the assignees and the bankrupt meant to oppose it, as the
whole of the proceedings under the Commission were terminated,
and the bankrupt had procured his certificate. The meditated op-
position was, however, by the negligence of their attorney, ren-
dered useless. It appeared also that the bankrupt had relied on
the attorney employed by the assignees to prepare the briefs for
him; but on the 7th of April he was informed, that he bad de-
clined having anything to do with the case on his (the bankrupt's)
account. The bankrupt was in consequence completely bereft of
the means of meeting the petition ; and he therefore made the pre-
sent application, praying that the petition to supersede his Com-
mission might be again set down, and that he might be permitted
to file affidavits in answer to it.

The VI c E-CIIANCE tr.on thought that the bankrupt was not
entitled to the smallest indulgence. He had been guilty of a con.
tempt of Court, in not having filed affidavits in answer to the peti.
tion. Rules of practice had been established, which affordal
abundant time to parties to file affidavits, and public convenience
required that these rules should not be departed from.
Application refused with costs.
4ITTOII4EY.OZNERAL ISILLS•
.. . •

This was an intioniation filed by his 21lajesity s Attorney-Cie-
neral, for the purpose of settling the validity of a clause in a will,
which gave the residue of the testator's personal property to the
establishment of a fund for the maintenance of poor gentlemen's
daughters, not sufficiently provided for, which fund was to be un-!
der tile management ot• the resident magistracy of Blontrose and
certain gentlemen living within twenty miles of that place. The
testator lived in England, and had fOrtiterly been a West India
planter, and no pan of the real or personal property bequeathed
was in Scotland. The question fur decision was simply, whether
this clause was to be considered as founding a Scotch charity, which
was especially guarded by the concluding section of an Act of 9th
Geo. II.; or whether it was altogether void, as against the general
spirit •tf that Act ? The bill hid been demurred to, but the case
stands over, in order that it may crone before the Court in another
form, the demurrer not Iteing sufficient for the settlement of the
general question, which his Honour declared to be of very great
importance.