The Sun.
London, England, 1825-07-08 00:00:00

INDIA.

We have much pleasure in inserting the fol-
lowing tribute of approbation to the merit and
good conduct of our countrymen in the East :
"To Brigadier-General Sir AR CH IBA L D CAMPBELL,

K.C.B. and K.C.T.S.
"Stn—l am directed to acknowledge the receipt of your Dis-
patch (No. 25), dated the 7th instant, announcing the capture
of the town and fort of Martaban by the detachment under the
command of Lieutenant-Colonel Godwin, of his Majesty's 41st
Regiment, and submitting a copy of that Officer's Report of his
proceedings.
" The Governor-General in Council commands me to ex-
press his fullest concurrence in the tribute of applause which
you have bestowed on the conduct of Lieutenant-Colonel God-
win and the Officers and men under his command, and of Lieut.
Keele and seamen of the Royal Navy, composing the expedi-
tion fitted out against Martaban.
" The ability and judgment with which Lieutenant-Colonel
Godwin planned the attack, and the gallantry with which the
place was carried by the small force of 220 men against the nu-
merous and well-armed troops of the enemy, reflects the highest
credit OR the professional character of the Officer in command of
the expedition, and the cool and resolute intrepidity of the
handful of men by whom so important and brilliant an exploit
has been achieved.

" His Lordship in Council accordingly desires that you will
be pleased to express to Lieut.-Colonel Godwin the very high
sense which Government entertains of his conduct on this occa-
sion. You will als6 be pleased to convey to Lieut. Keele, J.
Baizley, of his Majesty's ships Arachne and Sophia, the ac-
knowledgments of the Governor-General in Council, for the
zealous and gallant exertions of themselves and the British sea-
men under their command.
" His Lordship in Council has further noticed with great
satisfaction the honourable testimony borne by Lieutenant-
Colonel Godwin, to the services of Captain Waterman, 13th
Light Infantry, Assistant-Quartermaster-General ; Lieute-
nant Cochrane, of his Majesty's 41st regiment, Acting Brigade-
Major ; Captain Kerman, Madras Artillery, commanding;
Captains Stehelin and Burrowes, detachment 41st regiment;
Captain Williamson, 3d Madras Native Light Infantry,
(which regiment, it is stated, vied in the attack with British
courage), and Lieut. M‘Gregor, of the Bengal Artillery. •
" In conclusion, the Governor-General in Council directs me
to observe, that it must be highly gratifying to you, as it is ho-
nourable to the object of it, to peruse the well-merited enco-
mium which Lieutenant-Colonel Godwin has passed on tin:
gallantry and meritorious services of your son, Lieut. Cow-
bell, of his Majesty's 38th regiment.
" I have the honour to be, Sir,
" Your most obedient humble servant,
(Signed) " GEORGE SWINTON,
Secretary to Government.
." Fort-William, Nov. 26, 1824,"

EASY MODE OF TAKING IMPRESSIONS FROM
COINS, &c.—A very easy and elegant way of
taking the impressions of medals and coins not
generally known, is thus described by Dr.
Shaw :—Melt a little isinglass glue with brandy,
and pour it thinly over the medal, so as to cover
Its whole surface; let it remain on for a day or
two, till it is thoroughly dried and hardened,
and then taking it off;
it will be fine, clear, and
as• hard as a piece of Muscovy glass, and will
have a very elegant impression of the coin. It
will also resist the effects of damp air, which
occasions all other kinds of glue to, soften and
bend, if not prepared in this way.

LAW INTELLIGENCE.

COURT OF CHANCERY, JULY 7•

THE ATTORNEY-GENERAL r. THE BANK OF ENGLAND.
This was a case of appeal, partly heard yesterday. It re-
lated to the construction of a will, in which the testator he-
queated his property in the British funds to certain legatees,
and the remainder of the money in the 4 per Cents. (described
in the will as IL 4 per Cent. Consols) to the Society for the Re.
lief of Persons confined for Debt. Previous to his death, but
subsequent to the execution of the will, a large portion of the
property invested in the Navy 5 per Cents. was converted by
the Act of the Legislature into 4 per Cent. Stock. Supposing
that the testator meant this part of his property to be subject to
the same disposition, the Society, instead of receiving a small
sum, would become entitled to about 80,0001.
The LORD CHANCELLOR, after observing that if the tes-
tator could be restored to life he would be astonished to hear
what the Court had been listening to, was of opinion that the
will would not pass the larger sum (amounting to upwards of
.70.0001.) to the Society; but that they were entitled to the sum
of 18,0081. t and certain smaller sums.

Hi; Lordship announced to-day that the sittings in the hail
would continue till August 16.

COURT OF' KING'S BENCH, JULY 7.

SYLVESTER V. HALL:

This was an action by the son of a merchant, named Josephs,
who had taken the name of Sylvester on receiving some pro-
perty under the will of a relation, against Mr. Hall, an attor-
ney of Great James-street, Bedford-row, for false imprisonment
on a charge of a felony,' to which Mr. Hall pleaded a special
justification, setting out grounds of suspicion, which led him to
believe that the plaintiff had stolen an account-book from a
drawer in his office.

The case for the plaintiff, which was opened by Mr. SCAR-
LETT, was as follows :—The father of the plaintiff; having a
large family, wished to article his son to an attorney, and ap-
plied for that purpose to Mr. Hall. It was agreed he should be
received on a'premium of 2001., for which the father was to give
bills of 501. each, payable during the two ensuing years. From
these payments was to be deducted a moiety of the net profits
of any business which Mr. Josephs might be able to throw into
Mr. Hall's hands ; and account was accordingly kept of the
transactions applicable to this contract. A difference arose as
to the correctness of this account; and Mr. Hall took the book
and locked it up until the alleged error should be explained and
rectified. Shortly after this, the drawer in which the book had
been deposited was found forced open ; the book was gone; and.
Mr. Hall caused the plaintiff and another clerk to be taken
up on suspicion of stealing it; alleging that the plaintiff had
returned to the office for his great coat, after he had left
it, and remained some minutes in the room alone. The young
men were taken to the Police-office, when, after examination,
the plaintiff was discharged on his own recognizance, and the
other clerk was altogether dismissed ; and the charge against
Sylvester was not prosecuted further. It was now suggested
that Mr. Hall desired to remove the plaintiff from his office to
make room for another clerk, and had made proposals for an
assignment with that view, which had not been immediately
accepted, and on which some differences had arisen ; and it was
proved that a negociation respecting another clerk had been
pending, but, from the course which the cause took, the defen-
dant's explanation of these circumstances did not appear.
After the plaintiff's case was closed, a private discussion of
some length took place between the Counsel on both sides, at
the close of which
The ATTORNEY-GENERAL said that he had consulted
with his Learned Friend, and was ready, on the part of Mr.
Hall, to pay the costs as between attorney and client ; to assign
the plaintiff to another master • and to say that the accusation
he had made was preferred under an erroneous impression.
Mr. SCARLETT said heacceded to these terms upon a dis-
tinct understanding that no imputation remained on Mr. Syl-
vester's character.

The ATTORNEY-GENERAL said he undoubtedly meant
this—Mr. Hall had supposed that there were grounds of sus-
picion, but he had been in error.

A verdict for the plaintiff=—damages 40s.—was then con-
sented to, and recorded.

KEENAN V. SMYTH.

This was an action against Mr. Carmichael Smyth, to re-
cover 31/. (s. 2d. for necessaries furnished to his wife. _

A similar action against the same defendant was, recently
tried in the Common Pleas, when the misconduct of the lady
was urged as a ground of defence; and after a trial, which
lasted a few days, the plaintiff recovered a verdict. Before this
case was opened,
Mr. CAMPBELL said he appeared for the defendant, and he
was ready to admit a prima facie case for the plaintiff, and take
the opinion of his Lordship on a point of law, waving all the
unpleasant questions of fact which might be introduced on the
inquiry. This demand arose between July and November in.
last }rear. In the March preceding Mrs:Smyth sued her hus-
band for a divorce and for alimony ; he was cited and appeared ;
and in December a decree was made for a divorce, and for ali-
mony to the extent of 301. a-year, which had operation from the
commencement of the suit. Now, though at the time this debt
was incurred the decree was not pronounced, yet inasmuch as
it covered the whole period, he submitted that the husband
ceased to be liable Cc. support his wife from the moment of the
citation ; or, at all events, that he was liable only to support her
at the rate of 301. a-year.
Mr. DEN MAN and Mr. MAuLE submitted that the proposed
defence was no answer to the claim ; and that the evidence
could not be received.

The LORD CHIEF JUSTICE agreed in this opinion, but
proposed to receive the evidence, and direct a verdict for the
plaintiff, giving leave to move for a nonsuit.
Mr. CAMPBELL then proved the citation and the decree, but
failed to prove the payment of the alimony, having only the re-
ceips of the lady, which were not admissible as evidence.
The Jury then, under the direction of his bordship, returned
a verdict for the plaintiff—Damages, 311. 6s. 2d.

FItOST v, DOLLANI) AND OTHERS.
This was an action by the clerk to the Commissioners for
Mving the parish of St. Pancras, against the assignees of
arsh and Co., of Berners-street, to recover 1,0701., paid into
the banking-house before the bankruptcy. The Commis-
sioners claimed to recover the whole sum out of the assets, by
virtue of a local Act giving them a preference. A similar claim
was set up in an action at Guildhall, which has been reserved
for the consideration of the Court.
Mr. SCARLETT now appeared for the assignees, who, he
said, felt bound to see that the actions were rightly brought, in
protection of the interests of the mass of creditors ; and in ad-
dition to the general question raised in the case, contended
that the Commissioners had no authority to sue in Mr. Frost's
name.

On the suggestion of the LORD CHIEF JUSTICE, a verdict
was taken for 1,0701., subject to the opinion of the Court on a
special case.

- CONSISTORY COURT, JULY 7.
MONTAGU V. MONTAGU.
(This proved to he a case of singular importance, as involv-
ing some general question upon the validity of Gretna-green
marriages, and determining an interest in property of the value
of 300,0001. and upwards. Before the question of adultery
could be tried, it was of course necessary to prove the mar-
riage, which the husband's plea had denied.)
Dr. ADAMS described the suit to be one of separation by
reason of adultery, brought by Mrs. Margaret Green Montagu,
against her husband, George Conway Montagu, Esq. The
citation in this cause issued on the 10th of May, 1824, and an
appearance having been given for the gentleman, a libel was
brought in on the Nth of November last, and admitted in the
month of February following. That libel, in substance,
pleaded as follows :—The marriage of the parties, -and the
way in which it was actually celebrated ; and- the wife at
present prayed a sentence, so far as respected the validity of
such marriage solely; and the matter now stood assigned
for sentence, accordingly, upon that point alone. The libel
stated in the first article the law of Scotland as it applied
to marriages between males, being above the age of fourteen
years, and females above the age of twelve ; and it set forth
that valid marriage might be contracted between parties of or
above such respective ages, in the kingdom,and by the immemo-
rial law and custom of Scotland, by their consent " per verba
de prersenti," without publication of any bans, or authority of
any licence, or the intervention' of any religious ceremony
whatever; -that the mutual acknowledgment of one another
as husband and wife, and their public cohabitation together
as such, is taken to be conclusive evidence of their marriage,
unless it be distincly proved that • they have not really intend-
ed to contract such -marriage thereby ; and that in the case of
persons being so above the age of pupillage, and 'entering into
such contracts, within the kingdom of Scotland, the law of
that kingdom does not hold the consent of parents or guar-
dians to be necessary to the validity thereof. The second
article pleaded, that in the year 1803, the said George Con-
way Montagu, being under embarrassed circumstances, went
to reside at Liverpool, where he passed under, and was known
by the name of William Thompson, and where, still pass-
ing under such appellation, he did, in the months of August,
September, October, November, and December of that year,
being then a bachelor, pay his addresses, in the way of mar-
riage, to Margaret Green Montagu, the other party, in this
cause (then Margaret Green AVilson, spinster) of Liver-
pool) a minor, aged seventeen ; that he then declared to her, as
well as to Mr. George Croshie, a particular friend of her's, that
his real name and description was George Conway Montagu ;
that having agreed to become husband and wife, they, the
parties in this cause, proceeded to Scotland for the purpose of
so intermarrying ; and did, on the 29th of December, 1803, in
the presence of divers credible witnesses, at Gretna-Green, in
Scotland, acknowledge 'and declare each other to
.be husband
and wife, " and were.validly joined together in matrimony,"

by one Joseph Paisley, who performed the ceremony on that
occasion, " reading in the presence of the said George Conway
Montagu and Margaret Green Montagu, formerly Wilson, the
office for matrimony as contained in the Liturgy of the Church
of England, as by law established ; the two parties passing by
their real names of " Montagu and Wilson ; " the marnage
so celebrated, being a good and valid marriage according to
the law of Scotland. The third article pleaded that, shortly
before these parties went to Gretna-Green, Mr. Montagu, under
the assumed name of William Thompson, wrote and ad-
dressed a letter to 'Mr. Charles Wilson, -the grandfather of
Miss Wilson, where lie informed Mr. Wilson of his
departure for Scotland with his grand.daughter, and of
his intention to marry her ; that Mr. Montagu enclosed.
such letter in an envelope, anti delivered it to Mr. George
Crosbie, with directions to give it to Mr. Wilson, which was
done ; and that shortly after the marriage, Mrs. Montagu her-
felf, formerly Miss Al ilson, wrote and sent a letter to her aunt
in Liverpool, informing her that she had on the previous day
given her hand to the said George Conway Montagu, de-
scribing him under his assumed name of William Thompson,
which letter was addressed on the 'outside and in the hand-
writing of Mr. Montagu, to the aunt, who has since, by mar-
riage, assumed the name of Ravely. The fourth article exhi-,
bited in supply of proof two exhibits, being the letter (before
mentioned) marked No. 1 and No. 2. whereof NO. 1 was en-
tirely of Mr. Montagu's hand-writing, and No. 2 of Mrs. Mon-
tagu's, with the exception of the superscription, which was
written by her husband. The fifth article set forth, that after
such their marriage, Mr. and Mrs. Montagu cohabited toge-
ther in all respects as husband and wife in the city of Edin-
burgh, till about the end of March, 1804, when they returned
to Liverpool; Mr. and Mrs. Montagu in all that interval ac-
knowledging each other to, and being acknowledged by, their
friends, acquaintances, &c. for husband and wife, and particu- •
larly to Mr. Crosbie. It was set forth in the next ar--
ticie,., that during their• residence at Edinburgh, Mr.
Montagu, under the name of William Thompson, wrote and
sent a letter to Mr. 'Wilson, informing him that he had mar-
ried his grand-daughter; such letter (marked No. 3Y
being brought in as an exhibit in further supply of proof,
The 841 article stated, that at the time of Mr. Montages mar-
riage, he obtained from Joseph Paisley, the man who had ce-
lebrated the same, a paper writing, purporting to be a certificate'
thereof, which paper he preserved, and has frequently shown to
many persons of credit, and on one occasion so lately as in the
month of May, 1823 ; and that in June, 1822, he had applied
to Mr. George Crosbie, and requested him to apply, on his road
to Scotland, at Gretna-green, and obtain for hinPanother copy
of this writing. The 9th article recited, that on the return of Mr.
Montagu to Liverpool, in March, 1804, lie informed Mrs.
Montagu's relations of her marriage to him ; and that after
spending one day in Liverpool, his lady and himself proceeded
to Maidenhead, where he introduced her as his wife to his sis-
ter ; and proceeding to Lackham-house, in the county of Wilts.'
to his mother and family ; and that they resided there and
at other places subsequently, until about the month of March,
1823, always cohabiting together and acknowledging one
another as husband and wife, and that during such tune
they had issue six children, three of whom were still
living. In supply of proof, the 10th article pleaded the letter
No. 4, brought in as an 9xhibit, and purporting to be written
from Calais by Mr. Montagu to his wife. It appeared to he
written in the month of September, 1823, and was in the hand'
writing of Mr. Mantagu. These, the Learned Counsel ob-
served, were the only articles that bore any relation to the clues'
non about the marriage. Any question upon the other articles,
which related to the facts of adultery imputed to this
man, was not at present before the Court. The question Or
the Court's present determination related only to the marriage.,
as that was pleaded to have been celebrated, acknowledt,
nd,
and confirmed in the various articles of the libel from one to
ten. On this libel- there had been examined eight witnesses'
in London; three under a requisition addressed • to a place
called Longtown,. in the county of Cumlreriand, and twelve
under
,a requisition at Edinburgh. It appeared to the
Learned Counsel that those witnesses most fully prove('
the marriage in question to have taken place very much in the
way stated in the libel, and that three of them in particuir
(memh-:rs of the Scottish Fuculty of Advocates) slimed that It
was a valid marriage according to . the law of Scotiand.!
That law must depend for its application on particular parts tit.
this case, to which it was very Material that the Court shoolo
attentively consider the nature of the evidence produced. (Here
the Learned Gentleman entered into a summary of those P°r
tions of the testimony adduced, which proved -the addresses
paid from September to, December, 1803, by a person passill
under the name of William Thompson, of Liverpool, to a ISILsi
Margaret Green Wilson, of that place—the circumstance •
these parties quitting Liverpool in the latter end of .Deceall)cr,
in that year—their communications with Mr. George Crose''
on the subject—the marriage of two parties about this timegentle-
at Gretna-green, and their identity, although the gentleman w3-..c
so married under a different name, with the illiam Thomps°'
and the Margaret ::_ireen Wilson deposed of.)
Sir CHRISTOPHER Ronisrsosr suggested the propriety of
Counsel's reading the most important depositions in this ceet;
notwithstanding that the Court had already perused their' ir"

great care.
The Learned Counsel, accordingly proceeded, in the •-frfst
place, to read the depositions of Henry Cockburn, Francis flea
fery, and James Moncrief, Esqrs., the general effect of o
, Was, that by the law and custom of Scotland, a marriageoil'
tracted by any man and woman, being above the age of f
lage (14 in the male and 12 in the female), per verba de
.c co'
senti, in the presence of witnesses, and followed by muta,
oud
habitation, recognition, and acknowledgment, would be gtiou
and valid marriage, and would require neither the publicno-
of banns nor the consent of parents or guard ians,nor the peqer'
ante of any religious ceremony in facie ecclesice to give it autf,e
ticity and effect ; excepting only in a case wherein it coil, /Anot
clearly and distinctly shown that the verba de prcesenli had ut-
been uttered with the intention of so contracting, or had been d,
tered jocularly. Upon this evidence as to the law of Seotlaaea
and the evidence of Mrs. Ravely, Crosbie, Winburne, op.
others of the witnesses, as to identity, coliabi4tion, and acl'n;,,,,e
ledgement, the Learned Counsel submitted ;hat the murr,".
anti identity of the parties were both proved and establishe"this
Dr. LusHINGTox, on the same side, adverted also °oil
remarkable acknowledgement of the marriage by the hush
onl
himself, in the letter addressed by him to Mrs. Montagu 'rife,
Calais, in the month of September, 1023 :—" To yob, '11,:
to the only ear and heart'l feel disposed to appeal to, ea'
The remainder of the evidence was then shortly read.
~iOO
Sir CHRISTOPHER ROBINSON nbserved, that this o°oo
arose out of a suit of separation by reason of adultery, the ay.
by the wife against the husband ; but ihe marriage of fen,
ties had taken place under such peculiar circumstances, as singe.
dered it necessary in the first instance to prove that ma sto
The Court then recapitulated the substance of the libels ad in
.the fact of marriage, and the • heads 'of evidence adduce sel•
support of that marriage ; observing, that it had verY,iod
dom happened, in a case extending over such a long PAcit.
of time, and to be established by sonumerous a body 19'it in
nesses, that the chain of proof and evidence
so unbroken a manner as •in this instance. There f the
a chasm to be .supplied. The Court alluded to a part oonis.
deposition of Mr. Tugwell Robins, of Queen's.square, 13lev the
bury, solicitor in this case, -as extremely material to sl!°b`ed by
allusions made by Mr. Montagu.to the certificate subscrl roost
Paisley, of Gretna-green, as to a paper of which he ajis
careful and tenacious, because it proved his marriag whith our
lady. After an elaborate review of the whole case, unced
was made not
limits only will not permit us to follow, the Court pro°.
for the validity of this marriage.
f .5001' in
Upon the application of Dr. ADAMS, an ailatment 0- „toil
the nature of alimony was made to the lady, to be nocoui.:,
for hereafter, in reference to any future allotment of alimol Y
be made her pea:dente lite. '

The celebrated Dr. AR NE was once found PI;
tising his lesson, with his music-book on a coffin, in wijic
corpse had just been deposited.

BIRTHS. of
On the 4th inst., at Woodhatch, near Reigate, the 13—
Colonel John Nuthall, of a daughter.
On Friday last, the lady of Thomas Joshua Platt, of .0/1:'
ton-crescent, Esq., of a daughter.

MARRIED. ,„ .10111'
On the sth inst., at Turvey, Bedfordshire, the
Ayre, classical tutor of the Church Missionary Instatriticli"
Islington, to Henrietta, third daughter of the Rev.
mond, rector of Turvey.
On Wednesday, at St. Clement Danes Church, gh"
Henshaw, Esq., of Durham, to emily Charlotte, second ""
ter of the late James Tomlins, Esq., of Westham, }lt'se7_>"°

. ll'
/
On Tuesday, the sth inst4lED., Air. Edward Haydoth°f jo, °f
stree, Hackney, youngest son of the late Mr. JolinflaY
Colebrooke-row, Islington. f g Oia'''
On the 26th ult., at Sedgcbrook, Lincolnshire, DAT. '°fro- "
beth Turney, widow of the late IVIr. Turney, surgeon,
Ore
ding-lane, London.
~„, Ore ea
On the 6th inst., at Hackney, in his 26th year, James JO
Livett, EN., of the Inner Tem le, eldest son of the late t,
P
Greive Ltvett, Es., of Lmingtont Hants.
On the 24th ult.q , at hery residence' Holloway, Mrs' Fliz3tioet
Sitch, in the 68th year of her age

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Printed and Published for the PROPRIETORS, Id the
OFFICE, No. 112, Strand, by J. B. CAROAI-3.