The Sun.
London, England, 1824-07-01 00:00:00

THE KING V. CARLTON AND OTHERS.

Mr. RUSSELL applied to know whether the Court would
please to appoint a day for the further hearing of the argument
in support of the rule Nisi for a criminal information, at the
instance of Sir George Chetwynd, Bart. against the defendants,
all printer and publisher of The British Press, for an alleged
libel,—The COURT said they really did not know how to name
any day.—Mr. RUSSELL said that Sir George Chetwynd was
anxious to have the case heard to an end, and certainly wished
it to be understood, that he by no means abandoned the pro-
ceeding.

representation, the COURT, understanding that both patties
were attorneys, granted a rule Nisi.

COURT OF COMMON PLEAS, Jultz 30.
BARN V. CORBETT.
This was an'argument raised on a special case, arising out
of an action upon a policy of insurance, effected on a ship
bound from London to Maracaibo. The action was tried at
Guildhall. Mr. Serjeant Bosanquet argued the points on a
former day in favour of the plaintiffs, and Mr. Serjeant
Vaughan was heard this morning for the Underwriters.
The CIIIEF JUSTICE, at the conclusion of Mr. Serjeant
Vaughan's argument, intimated to Mr. Serjeant Bosanquet
that he need not trouble himself to reply, and proceeded to
give his opinion. His Lordship had no doubt at first that this
was a total loss within the terms of the policy ; but he had
afterwards in some degree changed his opinion ; he had now,
however, brought himself back to his original opinion. The
facts were very short. The declaration stated that the ship
was lost by the perils of the sea : she was bound from the
port of London to Maracaibo, with liberty to touch at
the West Indies, and the plaintiff had a bona fide insurable
interest in her; she was warranted by the underwriters against
every peril but capture or seizure. The question then was,
whether she was lost by the perils of the sea, or by cap-
ture or seizure. She arrived at the Gulf of Maracaibo at mid-
night on the 17th, and she was then about 20 miles from Mara"
call)°, which was her destination, and about nine miles from
Port St. Carlos, a military station. It appeared that she drift-
ed on the sands, and was lost by the peril of the sea. Hie
brother Vaughan had referred to several cases, and particularly
to an opinion of Mr. Justice Bayley ; but this case rested upon
different grounds from the case cited. In looking at the facts'
of this case it was found that the ship was totally lost ; and
the goods, though not lost, were taken possession of by an;
enemy. Now, when were the goods lost to the owners ? He
was of opinion that they were so lost when the ship was
If the underwriters were not liable for the loss of goods by
capture or seizure by an enemy, they could not expect them'
to be preserved by an enemy. Here there was no person"
near the ship to give assistance at the time she stranded, and=
the goods were lost as soon as the ship was in that situation.—
The moment the ship because irremovable the goods were lost,
and the policy attached. In this case there was not a previous
partial loss, but a previous total loss—not a depreciation of ship
and cargo, but a destruction. In his opinion, therefore, the
plaintiff was entitled to recover.
Mr. Justice Pmts. agreed with the Chief justice Mr. Jus-
tice Bunnouou concurred with the other Learned Judges.—
Judgment for the plaintiff.

SHERIFF'S COURT, RED LION-SQUARE, JUNE 30.
RENTAL GIP THE SURREY THEATRE.
TEMPLE WEST, ESQ. V. BURROUGHS.
In this case the Jury were called upon to say if any and
what rent was due to the plaintiff for two months, during which
time the defendant was lessee of the-Surrey theatre.
Mr. C. F. WiLtrams stated the case. This was an action
to recover 3881. for rent, &c. of the Surrey theatre, of which
the defendant Burroughs was lessee in 1823. The portion of
rent now claimed was 2701. 12s. 4th The remainder was for
taxes paid by the plaintiff during the time the defendant had
occupation of the theatre. What defence would be urged he
(Mr. Williams) could not anticipate. The rental at which the
theatre and property were let was 1081. Is. per month, and the
defendant was to make monthly payments.
The 3 ury gave a verdictfor the plaintiff—Damages 3311. 89.13(1.

CONSISTORY COURT OF ROCHESTER, JUNE 30.
NOKES WSW DIILWARD, OTHERWISE MADON, FALSELY
_ _

CALLED NOXES.
This was a suit of nullity of marriage, promoted by Mr.
Nokes against a lady with whom he was united at Gretna.
green in Oct. 1822, her former husband, a Mr. Jas. Milward,
or Mr. Luke Jas. Milward being at that time and sabequently
in existence. It appeared that Mr. Nokes was an attorney's
clerk, and had (as he supposed) eloped with Mrs. R. Milward,
a widow ; but there was evidence in the cause to show that
Mr. Luke James Milward, her former husband, and to whom
she hail been married at Islington Church, in January, 1021,
embarked at Liverpool for America, on the 25th June, 1823.
Laing, the working parson of Gretna-green, had given Mr.
Nokes and Mrs. Rosetta Hadon one of his usual certificates.
" that the parties ha.l been married according to the rites and
ceremonies of the Church of England, and agreeably to those of
Scotland."

'Dr. SWAHEY, the Judge, objected, that the identity of Mr.
Nokes was by no means proved upon the evidence that was ad-
duced to sustain it. And as to the certificate, there was nothing
about it to show, either that Mr. Laing was a regular minister
of the Kirk of Scotland, or empowered to celebrate such a
!marriage ; or the Actunt that such a marriage was at the time
and place mentioned scaly celebrated.
The counsel for Mr. Nokes contended that the proof of
identity was sufficient to satisfy the object of the law, which
would not too narrowly inquire into the proof of the marriage
sought to be set aside, more particularly as the former of these
two marriages (for it seemed that Mrs. Hadon was married to
Mr. Milward under the designation of Mrs. Ward, widow) was
proved beyond dispute. If, however, the Court should be.of
opinion that the pleading was defective in its present state, they
trusted that the Court would rescind the conclusion of the cause,
to allow the party an opportunity of amending his plea.
The adverse Counsel objected to this prayer. The Court
would doubtless be surprised and. pleased to learn from so ad-
mirable an authority as Mr. David Laing, that the marriage-
ceremonies and laws of the Kirk of Scotland and those of the
Church of England were so extremely similar as his certi-
ficate set them forth to be. The Learned Counsel then
argued at length upon the absolute defect of proof of identity as
to Mr. Nokes throughout the whole transaction, and as to Mrs.Nokes, in several parts of it ; and finally they prayed that Mrs.
Nokes might be dismissed from all further observance of justice
in the cause.
The JUDGE said he should take time to deliberate in this case.

The two dark spots a little behind its head,
are supposed to have gained the HADDOCK, in
days of superstition, the credit of being the fish
which ST. PETER caught with the tribute money
in its mouth ; in proof of which the impression
of the Saint's finger and "thumb has been en-
tailed on the whole race of haddocks ever since.
Unfortunately however, for the tradition, the
haddock is not a Mediterranean fish, nor can we
suppose it to have belonged to the Lake of Ti-
berias. The truth is, the Italians consider a
very different fish as that which was sanctified
by the Apostle, and which after him they hon-
our with the name of St. Janitore, a name that
we have converted into Johnny Dory, with the
same happy ingenuity that he has twisted Gira-
sole, or turnsol, Into a Jerusalem artichoke.
On Monday (week) six fine deer in the Mar-
quis of, STAFFORD'S park at Trentham, and on
Tuesday a cow belonging to a labouring man in
that neighbourhood, were killed- by lightning.—
( Shuford Advertiser.)

Prtco.
323 3(1 to 393 ad
5 I s (k 1 to 42s (id.

BIRTH.
On the 30th ult., the wife of the Rev. Robert Crosby, of the
Refuge for the Destitute, of a son.

MARRIED.

On the 29th ult., at St. Luke's, Chelsea, G. W. Turner,
Esq., of Speldhurst, Kent, to Frances Otway, youngest daughter
of the late Captain Rains, R.N.

On the 29th ult., at ifildersham, Cambridgeshire, Septimus
Burton, of York-terrace, Regent's-park. Esq., to Charlotte.
youngest daughter of T. C. Middleton, of./lildersham-hall, Esq.
On the 30th ult., T. Porter, Esq., of Bishopsgate-street, to
Catherine, third daughter of the late John Riley, Esq., of
Lincolnhill, Northumberland.