The Sun.
London, England, 1822-09-03 00:00:00

. ,
. •
,rs '
i /y
,e , A
f 54117 /it(

NUMBER 9368.]

EXCHEQUER BILL LOAN OFFICE,
South Sea House, August 6, 1822.
'WHEREAS an Act was passed in the pre-
Acta
or sent Session of Parliament, cap. 86, "To amend two
his
pr the 57th. year of his late. Majesty, and the Ist year of
Bills, an t Majesty, for authorising the issue of Exchequer
an'T,..,. the advance of Money for carrying on Public Works
~:_° trsheries, and employment of the Poor ; and to audio-
"se
-a farther issue of Exchequer Bills for the purposes of the
said Atts•" .
toNotice is hereby given, that all APPLICATIONS for
or ors under the said Acts, by any Body or Bodies Politic
or p rPorate, or any Company or Companies of Proprietors,
ani,te,ror! or Persons' engaged in, or_ desirous of carrying on,.
the Fish of a public nature, or for
,the.
.encouragement of
an es or the support of any Collieries or Mines, orr.
sohY Trostees'of Roads, ilways, or Drainages,,_ or any Pe
the .°r_al:e.rsons proposing to undertakeci any Embankment from
iphltriZsesituo Gmthreieefißtflietain,spe ify•ii the amount required, the
same is to beg applied, and the security
P,°'°sed, ate to be addressed, sealed up, to William Holden,
Acts,sq Se"-.etary to the Commissioners, constituted by the said
..,.......at their Office as above.
41: it."--,,,,
-b-D FARE.S, To DOVER, DEAL. RAMS-
Fot,.,GE
T, MARGATE AND CACANTERBURY.t
INSIDE COACHES, AND KEEP GOOD TIME,
SAP,''',,ENI3Y'S HS. A. MOUNTAIN and Cp.
EAD INN, SKINNER-STREET, SNOW-
H, LDON.
'VIE following POST COACHES, &c. set
The ~ , out from the above Inn :
Caj,t b Telegraph," DOVER, Deal, s ate Margate,
ere • erx-nrY, Feversham, and Sandwich, new Peco'siti-sCeqoach—
of tlbYelorning at a quarter past 9 o'Cluch.—consequence
Prieto voided preference given to the above Coach, the Pro-
it the r_s are determined no expence shall be spared to render
134rst conveyance on the Kent road. .
SittinolNlP'rON, Chatham, Rochester, Gr,astesaetqinda,rtSe.trropuarlit,
Ite°durne: and Reinhart], every Morning
Tile : Reduced' a
'
.hrturs till.,flYal Eclipse," FALMOUTH% Plymouth,
s''rcW -,°("oin, Penryn, Ashburton, '1 otness, Weymouth,
Exeter,
•erene,s'e, Dartmouih, and Salisbury, . y mo'rnine• at
Vockh',,,thiough Honiton Axminster, Bried'peorrt,Blandfsord,
:allisii-ot..uTTge, Basingstoke, Hartford Bridge, Blackwater, and
)7 ineetZt'nion '' SOUTHAMPTON, Lyrningtr ,kLayantdelrivarsntd,
""agshot-s;,r, Basingstoke, Hartford Bridge, B. ec ' ,
Futon'S 'New Four Inside Coach, every Morning at half-past
arrives at the Coach and Horses, Southampton, boy.
li,Vigii ltishis is a most delightful Conveyance to the .isleCherf
-01irk.th'-e.rseY, Guernsey St. Malocs, Havre de
,Grace, tecelic', 'ec.--The Prop;ietors of the above Cae iopbeeetno
expetc continuance of that support which has: hitherto.,,____a
racihn.enFed since Coachesmencement of the ‘ Union. N BA,w.,,th other .
Aft
Penhanin and BRISTOL Flying Post-Coaches, through Chip-
Il rn '", Cain e, Marlborough, Newbury, arid Reading, every
atli at one. arrive at Mr. the Greyhound, I.nnn,
I'6st:end the London Tavern, Thomas-street, and saae.,
Ivater 'etarlY next Morning.—Coaches to Wells, Blidg
Th::aunton, and Plymouth.
44eNi 17n1Pire," a New LIVERPOOL Light Coach, only
t Oft gut on the Road carrying Four Inside, sets out Daily,
Weh e; arrives at Liverpool next afternoon at Five, through
li, iner, Latlibur Northampton, Welford, Luttervor
tls,
tor, 73'. AtherstYo'ne, Litchfield, Stone, Newcastle, Knu -
81-IR.arrington, and Prescot.
(e'a...eh WSBURY, Wellington, and Shilfnal, Light Post-
i_ the'. 11'erY Afternoon.—Guarded.
(try-al'nion,WEYMOUTH,Dorchester,Blandford,Selis-
Ivater"'"ndover Overton Basingstoke, Hartford Bridge, Black-
swith
and Baishot, new' Post Coach, every Afternoon! .
1, Coach only.—The Packet s from Weymouth to Guern-
-44 44-rseY, Cherbourg, St. Malec's, &c. every Wednesday
BAAttardaY afternoon at Tait, o'clock. .
"ernANSTAPLE and 'Soul hmolton New Light Post Coach,
iare --onday2 Wedn day and Friday Mornings at 7 o'clock.
veetrwytaiertrziol:otkooil,nli g,ahts7,e: , , LEEDS
gam!
ro:uorn; and passes through Baldock, Big-
'. at kham il , Greethani, Grantharn,aatßearwatroyd,
Moor, Newark, Ream d, Done ,
~.._
Claa .e.ll 'et ifrfTeVoldtkLien - IrstttlTlisS)gmtn•
Into -e lino n = 4.4.4ll,iL4iwweveismsaistg.tite
t„ intubh ,•aceages only i r . .
--.%t a " 'xPedtion of this Coach, it 13 allowed to be the
Illirth IV:table andk complete Public Conveyance on the
ARRlgeingonequalled by any other. .
411,,rrn0e,?-"ATE and Ripon new Light Post Coach, every
1471•ASG-04\tjour, and Eight in the Morning.
anQaWttiilpill, Th,orLonhnigutortnnliGnirnettrr_iit,firi-e,ee, Annan, Dumfries,
ell` 4trts °I Scotland, a light four inCsi'dueinll'noLskt.'
Nst ,awl Iv CKicnlfs Liellyl'.
Ne ...4Press," to YORK, Scarborough, Whitby, Shields,..t
n `-' et,eweastl ,& Edinburgh, a Newlight four-rns.rd.
ik-k At El'aig-b••t, w,itls a Ged throughout ; sets out every Mor n-
x,errylspe, 0 Clock way of Newark, Retford, Doncaster,
Nei "Inc T 'by • "slorthallerton, Durham,
it, leth,ap',, adcaster, Darlington, , , .
, at hair'. Berwick, and arrives at No! k the next Morn:
-ekes f. . "Past Twelve o'Clock. Passengers finding them
tea.... Atlzt,„,
A " and -"
00 the journey, may rest what time they
elAit -. then
throo
,LBDRott 9cee without .
l'ess„!° Alahoorn,Ueaandiiln wLinadmono, new four7inside Coach
b urn, Purton, Lydington
`441 Maid "tton Basset, Itmsbury, Hungerford, Newbury
ilultnhead.
heM Ne2IiNORTH, \Valsal, Shrewsbury, Salop, and Holy-
„l:l,oSiix,"ight Four Inside Coach, every Afternoon., .
1.14-zpur,--tr„,,,11_ orneastle„Spald,ins,_ Peterborough, Stilton,
11 ", Marron Da oach, to Spilsby, Leuth Gi imsby, and
calicatti Ings at Six. The only Day Coact:to Boston and
kltil: „ e.
.--...!stEP,rl,esesn,:itati,NewdLifvhhtitFeohumr.-einnside Post Coach to
, goes with Four
(t,PlisleeCt, and a Guard all the way, passes through Brou,y,-ti,
Pi.; etha reta.hridg Wel ond,Catterick, Boroughbridge,
ell:halt', &biller:for-de: I,l'ermr'yb rid. e Newark, Doncaster,
/rill ade• Set rord, Bavetry, Grgeet'ham,
_Stilton, and Big-
h 1 the s °tit every Morning, and performs the journey
hoar greatest facility. Passengers detained on the Rtioa.rrl
b.ats ls.,i°r Pleasure, have the peculiar advantage of their u‘ENl4,,seeirred in the next Coach.
APtleY,o'-'.' Lancaster, Preston, Kirby-Lonsdale, Boelltoerny,
(perna,ti'toshirk, and Garstang Light Post Coaches, every
to 'she ~ k 0
old sahtlVErt„°,Yal Express " New Light Four Inside Post Coach,
ColltiLittielo:. L, Warrington, Knutsford, Stenee‘,.eryaAfffitierdr.,
bit' at, rhreem.,(?nly One Night on the Road),
'ltret °Cloch; arrives at the Saracen's Head Inn,
Ak„‘„, Liverpool, next Evening.
Press ,;'-',441EL1l Four inside Post-Coach, called "the Ex-
Clit ~every mot .
With •I‘Eit. , ning and Afternoon. ,
Ah ' North '.. Newport, kVhiteenurch, larporle Nampt-
erno,,, ale!), and Middlewich Light Post-Coach,Y' every
c ,Sept/Nl)tili
1.1"-`) MOri-11'41Nt1), Stockton, and
Sunderland.
.ligdht Post Coach,
tol_Ot 44 b ~ 0 the George Inn, Sunderia.n, •
111-"VeNort7al Expess," to MANCIIESIER, Winslow
th'ott po' ewcastle, Walsal and Wolverliampton,new Feu;
N''liko4d•st-Ceacir' every Aftiernoon.—Only. One Night on
tre ''PPIELD krY kottl. and Rotherham New Four-inside Post-C Tieil:
i'ltiitgliatbll,g, called " The Express," and also " r
tol_ ito„.„, a,,.. Pour in the Afternoon.
444"5 sets
oi:ZXpress, , New BIRMINGHAM Lght, Pn,,ist.
and o,,asses th"' every Afternoon, carrying Fourlnsid:e , i) ,
ha (14tentr °ngi) Warwick, Leamington, Southern, V. eedon,
,;1,, next 46, to the Saracen's Head, Bull-street, Binning-
Nne ',' EritelT a` half-past Seven o'Clock.
iel-.l'S'urtG-_,s'7) ew Light Post Coach, to HULL, Lie-t ala.°.`.o'Clo,l7!"°, Bowden, and Doncaster, every N:liorrlim.iganad
1.11.! ~ it.,4„l,rit the Cross Keys, Market-place, '''
tre tvrPoi .. its
in the Afternoon at Four o'clock.,
iplottiot,: , Wore, Holle'sdon, and Cheilltillt Coach,
bal,.,equalled-;„•.
lis;.,.`-oach t ' ravelline- by c. The -6bampion," a New light
PrietAn'iu°t, BC: PORHISER, in 14 hours only, through
rer, saiiesirater, B„iflg
o4til), °l'
tile stoke, NVliitchurch,
,O.verpton,
~roY, NVuod)eats, and Blandtord. Ihe rel Ilyr,cl to rett',u v.e Coach are determined no expence
,slia.l
141, 1 rE.N„ (ier it the first conveyance on the Western !toad.
t I:Past 1,1,17,1N1 aucl Edmonton Coaches daily, at Eleven,
At 4: iogga .t: l'ive, and. Eight. .
,'"3' ta pt,g' and Pachages to Leeds, York, and Doncaster,
Ft.; 4, 14,4.P0und,
'ends kuvrA/N ,
1l and tli is '. and Co. respectfully acqueir.it
accountable 1,1
tili4:;tht:rettarvar4isoeuntid,,alll7,gage, Writings, Plate, . o
,'-if lost, stolen, or damaged, un- -
.4r•teeno, -
Head Inn Insurance paid accordingly, at
an) Skinner-street,, Snow-hill, London.

:•\\Nll t
\I
,j 7( tt. 165 ,70F,
S
- - •
o,st/woo*
aed. q

TUESDAY, SEPTEMBER 3, 1822

NEW MARRIAGE ACT.

Professor CHRISTIAN, having been consulted
upon the New Marriage Act, by a number of most
respectable Clergymen assembled at Hertford, as
members of the Society to promote Christian
Knowledge, drew up the following explanation
of the statute, in consequence of the applica-
tion :

EXPLANATION OF THE NEW MARRIAGE ACT, 3D GEO. IV.

c. 75.

By the 21st section of the New Marriage Act it is enacted,
" that all and every the clauses and provisions in this Act touch-
ing the publication of bans, and touching marriage solemnized
by such bans, shall commence and have effect on and after the
Ist day of September, 1822, and not before."
A serious doubt has been suggested to the minds of the
clergy and the public, whether any parties can be married on
or after the Ist day of September, in consequence of three pub-
lications of bans, or one or two publications according to the
existing law, so as they shall reckon a legal part of three publi-
cations; or whether no' marriage by .banilitauke‘solemnized
after the Ist day of September until all the three publications
have been 'made conformably to the new statute. This seems
to be a question of more importance than difficulty, but it is
very strange that this case was not foreseen by any of the Mem-
bers of either House, and was not expressly provided for.
It does not appear that any part of the oli Marriage Act re-
specting the publication of bans is repealed.
The clergy must now require all that they did before, and
something more.

All the provisions and clauses in the New Marriage Act are
in addition to the old Act, and not in substitution.
There are several regulations respecting bans, but I do not
see one changed, altered, or repealed.
The new Act begins the provisions for publications of bans
thus—(see section 16 :)
" Be it enacted, that before the publication of bans pursuant
to the provisions in the act of the 26th year of George 11. an
affidavit shall be delivered, containing the christian and sur-
name of each party, &c."
Here it is expressly declared, that the publication of the bans
shall be pursuant to the old act.
The Clergy ought still to require notice seven days, as before,
but the affidavit may be made at any time. It may be sworn,
delivered to the Minister, fixed to the church door, and in any
conspicuous part of the church, even on the Sunday morning
before the bans are read by the minister of the church or
chapel.
What is new in the affidavits is, that they shall contain, whe-
ther the parties are above or under the age of 21, and shall sub-
ject the party swearing falsely, to the punishment of perjury,
and to the loss of property obtained by the marriage.
The section 17 then enacts, that such bans shall not be pub-
lished until the true Christian and surname of the said persons,
and the house or houses of their respective abodes within such
parish or chapelry, or extra-parochial place, as aforesaid, as
stated in such affidavit, shall be affixed on the principal door
of the church or chapel, and in some conspicuous place within
the said church or chapel, in which such bans shall be pub-
lished as aforesaid, and shall remain so affixed until the ex-
piration of the three Sundays on which such bans shall be
published. •

- The words of this section have created the doubt or difficulty.
It is extremely ill expressed—it dots not state who shall place
the writing upon the church door, or within the church, and the
last part is not grammatically connected with the first. But
the right meaning of it, I think, is clear and consistent with
the former section, and with the existing law, viz. that the
clergy shall in all cases marry after three legal publications,
and in no instance require four or five publications. In the
section, " such bans-shall not be published," signify that bans,
pursuant to the old act, shall not be published, on or after the
Ist of September, without the addition of the affidavits ; and the
words " shall remain," &c., that is (they) shall remain so af-
fixed to the church door and in the inside of the church until
the expiration of the three Sundays on which such bans shall be
published, are in some degree equivocal.
The meaning of this ill-expressed part must he, that such
bans, pursuant to the old act, and with the additions, when they
are required, shall be published three Sundays. And these ad-
ditions must 'appear either one Sunday to complete the three
such legal publications, or two Sundays, when there has been
one publication only in August, and then, when the first begins
in September, they shall remain for three Sundays.
This construction is confirmed by another section, which I
shall give verbatim :
" Sec. 20.—That whenever a marriage shall not be had
within three months after the complete publication of bans, no
Minister shall proceed to the solemnization of the same, until
the bans shall have been republished, on three several Sundays,
in the form and manner prescribed in this act, and in the said
recited act (act of the 26th of George the Second), or by license
duly obtained according to the provisions of this act."
It never could be supposed, that no marriages by bans were
to be solemnized during the first fifteen days of September ; this
probably would affect the happiness and interests of many
thousand honourable and virtuous couples.
Many of them relying upon being married at the usual time,
might be engaged or compelled to go abroad, so that their ho-
nourable union might be prevented for ever, and much immo-
rality and illegitimacy might be the consequence.
All statutes restrictive of natural right, ought, if doubtful, to
be construed in favour of liberty and moral happiness, as these
are peculiarly the objects of the law of England : but the law
of England particularly favours marriage—" dliatrinuminin
debetcsse likrum" is an extensive maxim of that law, which
peculiarly removes many resentments from that beneficial
con tract.

In this case surely no Court would say, that if every part
was legal, the whole would still be illegal.
If the parties are married after three publications, the mar-
riage is valid, though there have been no affidavits at all, or
though the affidavits are false, by section 19; the same is true
of notices required by the old Marriage Act.
But the material question is—what are the clergy bound in
law to do ?

They are subject to an indictment for a Misdemeanour, like
all other persons who disobey an Act of Parliament, where no
specific penalty is directed.
In the sections 13th and 14th, this unnecessarily (but cau-
tiously) is declared with regard to officers who are to be em-
ployed in procuring legal licenses.
Every clergyman is subject to the same punishment precisely,
who disobeys the Act with regard to the publication of bans.
No Minister, therefore, can publish any bans on the Ist of Sep-
tember, or afterwards, till all the directions with regard to the
affidavits are strictly complied with.
It is not now necessary, nor ever was, that the three pub..
lications should be made on three consecutive or following
Sundays.
But I am of opinion, that every couple who hav'e been three
times asked to church legally, under the old Act, have a right
to be married at any time within three months after the lit of
September, 1322 ' • and those who have been twice or once so
asked to church, have the same right to be married after the
completion of three publications, by one or two under the new
Statute ; and I am also of opinion, that every clergyman re-
fusing so to marry the parties would be subject to an action,
in which adequate damages might be recovered for so serious
an injury. EDWARD CHRISTIAN.
Field-court, Gray's Inn, Aug. 27, 1822.

CAUTION TO TOLL.GATIIERERS.—By an Act of
Parliament passed in the last session, all carts conveying
manure, although the Turnpike-road does not pass through the
parish whence the cart came, or to which the same is returning,
are exempt from toll ; and all carts loaded with lime, the wheels
being of the width required by the same Act, are also exempt.
The Lord Chancellor, after a short residence at his seat,
Encontbe, in Dorsetshire, for which place he is on the point of
setting out, intends to visit his estate at Eldon, in this county.
We hear that the Gentlemen of the Law intend to give an en-
tertainment to the Learned Lord, on the occasion of his visit to
the county from whence he derives his title.—( Durham Adver-
tiser, Aug. 30.)