The Sun.
London, England, 1844-02-24 00:00:00

Published this day, 12m0., 2s. 6d. cloth,

THE MEDITATIONS of MARCUS AURE-
LIUS ANTONINUS ; with the Manual of Epictetus, and a
Summary of Christian Morality. Freely translated from the Ori-
ginal Greek, by HENRY M'CORMAC, M.D.
By the same Author,
PHILOSOPHY of HUMAN NATURE. 12s.
PRACTICE of MEDICINE. 16s.
OUTLINE of CONTINUED FEVER. 6s.
TREATISE on STAMMERING. Is. 6d.
London : Longman, Brown, Green, and Longmans.

MR. WALKER'S NEW WORK ON CRESS.
On Thursday, March 7, will be published, medium livo., 10s. 6d.
CLIESS STUDIES : comprising One Thousand
Games actually Played during the last Half Century ; pre-
senting a unique Collection of Classical and Brilliant Specimens of
Chess Skill in every stage of the Game,' and thus forming a complete
Encyclopaedia of Reference. •
By GEORGE WALKER.
London : Longman, Brown, Green, and Longmans.

BURNS'S MIDWIFERY.—NEW EDITION.
Published this day, Tenth Edition, revised and enlarged,
Bvo., 16s. cloth,
THE PRINCIPLES of MIDWIFERY ; in-
including the Diseases of Women and Children.
By J. BURNS, M.D., F.R.S., Regius Professor of Surgery in the
University of Glasgow.
*** This edition has been carefully revised, some parts re-written,
and new matter added.
London Longman, Brown, Green, and Longmans.

MR. MAUNDER'S NEW TREASURY.
On Tuesday, March 5, will be published, fcp. Bvo, with Engraved
Title and Frontispiece, 109. cloth ; bound, 12e.
THE TREASURY of HISTORY ; comprising
a General Introductory Outline of Universal History, Ancient
and Modern, and a series of separate Histories of every Principal
Nation that exists ; their Rise, Progress, and Present Condition ; the
Moral and Soeial Character of their respective Inhabitants, their Re-
ligion, Manners, and Customs, &c.
By SAMUEL MAUNDER, Author of " The Treasury of Knowledge."
By the same Author,
THE TREASURY of KNOWLEDGE. 14th Edition, Sc. 6d. ;
_ _ _

_
bound, 10s. 6d.
THE BIOGRAPHICAL TREASURY,. 4th Edition, Ss. 6d.
_ _

bound, 10s. 6d.
THE SCIENTIFIC and LITERARY TREASURY. 3d Edition,

10s. ; bound 12i.
" These works are indeed locomotives on the railroad of the mind,
to bring with speed and profit the eager traveller to the terminus.he
must long seek in vain by any other course."—Atlas.
Also, by Mr. Maunder, just puhlished,
TIIB UNIVERSAL CLASS BOOK. 12m0., is. bound.
London : Longman, Brown, Green, and Langmans.

ROYAL POLYTECHNIC INSTITUTION.
POPULAR LECTURES in CHEMISTRY and NATURAL
PHILOSOPHY are delivered daily by Dr. Ryan, Professor Bachhoff-
ner, and other Lecturers, illustrated by Apparatus of the most valu-
able kind, including ARMSTRONG'S HYDRO-ELECTRIC MA-
CHINE (which is exhibited daily at Three o'clock, and at Eight
in the Evenings) ; LONGBOTTOM'S OPAQUE 11IICROSCOPE ;
NEW DISSOLVING VIEWS, COSMORAMIC VIEWS, &c., &c.
MODELS of all kinds of STEAM-ENGINES and other MACHIN-
ERY in MOTION, DIVER working wider water, and the DIVING-
BELL, &c. &c.

Admission, Is.; Schools, Half-price.
Prospectuses of the Classes for Private Instruction, which com-
mence on the 26th instant, may be had of the Secretary.

BY AUTHORITY of his MAJESTY the
EMPEROR of AUSTRIA.—WiII take place irrevocably on
the 16th of March, 1844, the DISTRIBUTION of NINE beautiful
BSTATES of a value from 1,480,054 France, and MONEY PRIZES
trout 150,000 Francs down to 115 Francs of Common Bonds, and in
the Special Distribution of the Red Bonds 22,509 gains will be obtained,
and cash Red Bond must gain a higher or lower amount... Prioe of a
Common Bond, 1/. ; a Red Bond, 2/. ; for 51. Five Common Bonds and
one Red Bond ; for 101. Eleven Common Bonds and Two Red ; for
201. Twenty-three Common Bonds and Three Red.
Apply, without delay, to Mowers. JACOBS and Co., Bankers, Frank-
fort-on-the-Maine ; or to says Postages, Letters may be addressed to
Mr. Jacobs, 34, Wellelose-square.

ROYAL POLISH STATE LOAN.
LOAN of his Majesty the EMPEROR of RUSSIA and
KING of POLAND, contracted in the year 1829. Capital FORTY-
TWO MILLIONS FLORINS TOMS'''.
On the Ist March, 1844, will take place at Warsaw, under direction
of the Government Authorities, the Distribution of 118 Series, each
Series containing fifty obligations ; and on the 15th of the same
month the Distribution of the Gains will take place, when the follow-
ing 5,900 gains will be realised, and one Bond in eleven must obtain
a higher or lower Dividend is follows :—One dividend of florins
200,000, one of 30,00011., two of 12,00011. each, three of 5,00011., live of
3,00011., eight of 2,0000., twenty of 1,5008., sixty of 8008., 100 of
53011., 300 of 50011., 500 of 49011., and 4,900 of 48011. each.
The Dividends will be paid in cask at Warsaw, Frankfort, Paris,
and London. Official Bulletins will be immediately forwarded to
every Bondholder. The price of Bonds for this Distribution is :
One Bond, 5/. ; one Half-Bond, 2/. 10s. ; eleven Bonds, 501. ; and
eleven Half-Bonds, 251. Detailed prospectuses and Bonds to be ob-
tained of Messrs. F. E. Fuld and Co., Bankers, Frankfort-on-the-
Maine, or by letters, addressed No. 3, Salisbury-street, Strand,
London.

IBULL and WILSON, Woollen Warehousemen,
beg to inform their friends they will be prepared to deliver
their NEW SPRING GOODS on and after Monday, the 26th instant.
The prevailing styles for Trousers are likely to be the Check Dis-
tingue and the Stripe de Bourdeaux.
A beautiful assortment of French Cachmeres for Vestings direct
from Paris. The Saxe Gotha Cloth, a mixture of Silk and Wool, for
Light Summer Coats, Waterproof six-fourth Cachmeretts, &c.
52, St. Martin's-lane, Charing-cross, Feb. 17, 1844.

I] X TENSIVE SALE
The SPLENDID STOCK of FANCY JEWELLERY,
GOLD and SILVER WATCHES, SILVER PLATED GOODS,
TORTOISESHELL WORKBOXES, and TEA CADDIES, and a
great variety of other Fancy Articles, are now SELLING OFF, at a
heavy sacrifice, by Messrs. HORTON and CO., of 36, Ludgate-
street, opposite Messrs. Everington and Co.'s, in consequence of Mr.
Horton retiring from the retail business.
It is seldom the public have an opportunity like the present Of pur-
chasing, at little more than one-half to two-thirds the usual charge,
the variety of genuine articles now offered for sale—comprising Gen-
tlemen's and Ladies' Gold and Silver Watches, of workmanship the
first class of excellence, Gold Neck and Guard Chains, Seals and
Keys, Fancy and Mourning Brooches, Rings, Pins, and Ear-rings,
Pencil Cases, Silver Card Cases, Scent and Snuff Boxes; also Silver
Plated Tea and Coffee Sets, Candlesticks, Cruet Frames, Dish Covers,
Corner Dishes, Waiters, Ice Pails, Butter Coolers, Bread Baskets,
tic., all warranted the best Sheffield make ; Table and Dessert Forks
and Spoons, Soup Ladles, Grape Scissors, Asparagus Tongs, Nut-
cracks, Dessert Knives and Forks in Case, Jet Necklaces, and nu-
merous other Fancy Articles, all at a considerable sacrifice.

DOG-STEALERS AND RECEIVERS.

TO THE EDITOR OF THE SUN.
Sin,—May I take the liberty of again intruding on your
columns, as I hear that early in the present session of Par-
liament a Bill will be introdnced by Mr. Liddell, praying an
alteration in the law relating to " dog-stealing," and to make
the offence a penal one. 'From the bold and open manner in
which this nefarious and villainous traffic has been carried on,
legislative interference is loudly called for. If horse-steal-
ing and sheep-stealing are denounced as felony, why, on the
same grounds, should not the same punishment be awarded
to the dog-stealer and receiver? That these thefts are
committed for the avowed purpose of extorting money is
evident, for it most frequently happens that individuals so
robbed will pay large sums of money to recover their valu-
able dogs, rather than they should remain in the hands
of those heartless wretches, and be subjected to their cruelty.
However strange it may appear, I am given to under-
stand that no less a sum than 8151. has been paid in this
manner during a short period—out of that sum more than
3001. has been paid within the past year. Mr. Bishop, of
New Bond-street, is entitled to the thanks of the commu-
nity at large, for the humanity he has shown in his arduous
exertions to afford protection to the owners of valuable dogs.
A petition was submitted for signature at his establishment;
which can boast of the names of the most influential noble-
men and gentlemen in the kingdom. The object of this pe-
tition, which is appended to the Bill to be brought before
the House, is to insure a propar meed of punishment to all
dishonest dealers in canine flesh ; that the crime of 4og-
stealing shall be constituted a felony ; and, moreover, that
the receiver of any dog, known to be illegally obtained,
shall be considered as an accomplice, and be visited with a
similar sentence of transportation. Hoping, Sir, that you
will be pleased to oblige me so far as by giving insertion to
the above in your journal, I :have the honour to remain your
obedient servant, AMICUS CANIS.

One of the Paris journals (La Rforme) states that
the distress of the lower orders in Paris has recently become
go great, that beggars swarm in the public thoroughfares.

The Lords CHANCELLOR commenced by stating the effect,
of a contract or engagement of matrimony per verba de
prxsenti previous to the Marriage Act, and cited Swinburne,
Sir Edward Simpson, the Council of Trent, Mr. Justice
Blackstone, and other authorities on that subject. The
Council of Trent held that all clandestine marriages were
null and void ; but the canon law was never adopted as
binding in this country, and the authorities cited
showed that a contract per verba de prx„senti was
a valid marriage, and might be enforced against
either of the parties. His Lordship the referred to a
number of cases, establishing that when a contract per verba
de preesenti was followed by a marriage, solemnised in facie
ecclesim, between one of the parties and another person, the
latter marriage was not by pre-contract actually void, but
merely voidable, and, as a consequence, that if such marriage
was not annulled by a sentence of the Ecclesiastical Court
in the lifetime of the parties, it could not afterwards be ef-
fected; but the widow would tak her dower, and the children
must be held to be legitemate. The principal incidents of
this species of contract were, that the engagement was indis-
soluble; that either party might compel solemnization;
that the parties could not be punished coha-
biting together; and that such contract as suf-
ficient to void, by means of a suit, a s bsequent
marriage entered into by either of the parties, and solemnised
in facie ecclesin. This view was supported both by the
judges of the Ecclesiastical Courts and the 'common law
authorities. The contract per verba de prnsenti was, at the
period to which he had referred, to use the expression of
Swinburne, "in respect of its constituting the substance and
forming the indissoluble knot of matrimony, regarded as
verum matrimonia." But the same authorities which sup-
ported this view held that marriages of this description were
irregular ; that they were a looser sort of marriages ; that
they were not regular marriages, though equally binding ;
and that in order to constitute a regular marriage, with all
the consequences belonging to marriage in its perfect state,
solemnization was necessary. Swinburne said that spousals de
priesenti did not produce all the same effects in England as a
marriage solemnized in the face of the Church with respect to
issue, the husband's property in the wife's goods and other
matters. Lord Stowell and Sir Edward Simpson took the
same view, and Mr. Justice Blackstone said that such mar-
riages were valid for many purposes, but not for all purposes.
Upon the point whether a contract, per verba de pnesenti
without solemnization, would entitle the widow to' dower,
the Court below and the Court of Appeal were of the same
opinion—they were both against the claim to dower. We
had come, therefore, to the conclusion that accord-
ing to the concurrent opinions both of the eccle-
siastical and the temporal judges, these irregular
and loose sort of marriages did not confer those rights
of property, or the more important right of legitimacy, conse-
quent on a marriage duly solemnized according to the rites of
the Church of England. A great deal of discussion had taken
• place in reference to the religious ceremony. It appeared, •
from the authorities to which he had referred, that it was
formerly considered essential to the full effect of a marriage
that it should be solemnized by the Church, and if persons not
in holy orders performed the ceremony, they exposed them-
Selves thereby to heavy censure. It was said that a marriage
might be valid, though not performed by a person in holy
orders conferred by episcopal ordination. In that statament
he could not concur. Holy orders were orders conferred by
episcopal ordination, and what was required to be done
by a minister in holy orders, could not be done by a minister
of the Scotch Church. The question was not affected by the
Toleration Act, which merely removed certain disabilities,
and did not alter the law in this respect. The claim made
by the Presbyterians of Ireland could not be supported on
any principle which would not equally apply to any body of
Dissenters. He respected the character, learning, and piety of
Presbyterian Ministers, but this question must not be de-
termined by any such considerations. Many observations
had been made on the marriages of Jews and Quakers. The
Jews had always been treated as a distinct people, who were
governed by their own religious observances, and had their
own matrimonial law. Some difficulty existed as to the
case of the Quakers, and Lord Hale, in a case which came
before him for decision, in order to avoid making those chil-
dren bastards, directed the jury to return a special verdict.
He saw no ground for altering the view which he had taken
on this subject, agreeing, as it did, with what had been laid
down by the most eminent civilians, and with the corre-
sponding doctrines of the Courts of common law, from the
earliest periods of their history. Now, he had been led, in
consequence of the important nature of the interests
involved, to enter more largely into the subject than under
other circumstances he would -have felt justified in doing.
The immediate question before them was, whether George
Miller was or was net guilty of the crime of bigamy, and
then the question was, whether a contract per verbs prx-
senti was sufficient to support such an indictment. He de-
fined what he considered the effect of such a contract to be,
and then adverted to the Change that had been operated on
it by the 13th section of the English Marriage Act, and con-
cluded an elaborate judgment by saying—" My opinion,
therefore, after the most anxious consideration, and on the
grounds and reasons I have stated, but still with all deference
and respect to those who differ with me on this subject, is that
the indictment against the defendant George Millis, for
bigamy, cannot be sustained." ,
Lord Ccrrri,..-ts-itam, in deli, decicior, said that in
the whole course of a long professional life, he had never met
with so embarrassing a case. The highest names in the
history of the law were on this subject opposed to each other.
The present inquiry involved a consideration of the state of
the law previously to 1753, ninety years since it ceased to
exist, and this added a difficulty to the inquiry, which it was
of the utmost importance to keep in mind. Before the
Council of Trent, a marriage per verba prmsenti.svas a legal
marriage, as it was in Scotland at the present day. At that
time England was subject to the canon law, like other coun-
tries ; but by the 25th of Henry VIII., the canon law was de-
clared to have no effect, except so far as it had been adopted
by the consent and custom of the people. Sir W. Black-
stone and Sir M. Hale both laid it down that the canon law
only then became part of the common, or unwritten
law. By the Council of Winchester, it was laid
down that a marriage without the benediction of
a priest in holy orders was not a valid one, and
that any other was to be deemed fornication. From the ear-
liest times the law of England had differed from the civil and
canon law, and required the intervention of a person in holy
orders to make a marriage valid. He then proved, from an
immense ,mass of authorities, the nature of a contract per
verba de prmsentis first, such' a contract did not give the
woman the right of a wife, as far as entitling her to a dower ;
secondly, such a contract did not give the man the right of a
husband , to the property of the woman ; thirdly, such a con-
' tract did not confer on the issue •of the marriage the
rights of legitimacy ; fourthly, such a contract did not confer
• on the woman the capacity of coverture ; fifthly, such a contract
did not make the marriage of either of the parties with a third
person, during the life of the other, avoid or invalidmarriage.
Each of these points he supported with cases and decisions.
He next stated that though a contract per verbs de prwsenti
was an essential part of a marriage, as between the parties
themselves, yet the authorities spread over a period of 700
years did not hold it to be a valid marriage for all the above
purposes, without the intervention of a person in holy orders ;
and that person must be one whom the Church considered
to be in such holy orders, which no Presbyterian minister
could. possibly be. He was aware of the difficulties and
hardships that the decision might create ; but happily it
was in the power of Parliament to remedy those difficulties,
and to remove those hardships. They were here for one
therefore
ee
tibnethpearctasy
aecbceufaoerde
ofth ebmigawmays
purpose only, that of lang down the law, and in the per-
formance Of that duty ho was bound to declare that. the first
Millis, could not legally have committed the offence with
which he was charged.
lityLordanßdnorueGaexatt,just
notthe a
defendantvalid onue ,eotlii.ga
et
read, said he should move that the further
the
of the' tWo Noble Lords might be printed, for .
ht be considera-
tion of the rest of the Law Lords, that they i
considera-
tion of the'case be postponed, in order that the judgments
adftiseprlab3e.eadringmtbe testimonyjudonto
judgments
com-
pared
abi-
with the authorities, ontvso Noble and
doubtful how fat' he concurred with the
Sent case af-
Learned Lords. He contended that the prese
of the practice he
forded a proof of the advantage
and which he
had introduced since he was on the bench,
judges, in cases of importance,
wished was more general, of
delivering written decisions. points on whichinghe was yet
also
Lord,Concurredthe
in
same
The Lonn CHANCELLOR consented, and the further NoLbol Le
ord
nCdAs
Learnedl t,
consi-
deration of the case was then postponed.
the suggestion of the

COURT OF QUEEN'S BENCH, Feb. 23.
(Sittings at Guildhall, before Lord Chief Justice DENMAN
and a Special Jury.)
=TWIN V. IIEALD.
In this action Mr. Platt and Mr. James appeared for the
plaintiff ; Mr. Thesiger and Mr. Watson for the defendants.
It was brought by the plaintiff against the defendant, as
Managing Director of the Commercial Assurance Company,
to recover the various sums of 500/., 200/., and 250/., on
policies of assurance on certain specie, merchandise, and
furniture in the ship Theresa, bound from Shields to Rio
causedl
by
the violence of the
Janeiro. The pleas on behalf of the defence alleged conceal-
ment at the time of making the policy—the non-existence of
3', that if any wreck
any specie—the non-ownership of the specie, supposing it
had existed—a denial of the loss of the vessel—a
tookden place,
i l o f
suche r
elements, but by the misconduct of the plaintiff. The wit-
nesses for the prosecution were very numerous, but the facts
elicited, up to the time at which we write, were briefly these :
=that the plaintiff bought the vessel at Hamburgh, whence
he brought her over to Shields, had her dry-docked, exa-
mined, and thoroughly
sea
vi-wrecrtkh wasin notg and, las t
repaired, so as to make her a sea-
worthy boat. On the 26th of August the Theresa left Shields
for Rio, having on board Captain Turpin (the plaintiff) and
a crew of eight men. When they arrived off the Galloper
they got a ground, and dropped their anchor. Next tide they
got off, and on sounding the pumps, they found that
they had made no water whatever, and that the
vessel was perfectly 66 taut." About seven in the
morning of the 31st of August, being then off Dun-
geness, the vessel struck again; and on sounding, they
found two feet eight inches water in the hold. All hands
were put to the pumps, and kept hard at work, but the leak
gained on them, and so they were at last obliged to throw their
boat over the side, and betake themselves to it. This was
about nine o'clock in the evening, the sea running violently,
with a heavy gal from the N.W. and W. They were from
seven to nine miles from land, and had they attempted to
make the French coast, the vessel must have foundered long
before they could . do so. The captain was the last man to
leave the' brig, the crew having been in the boat for some
time, and they only got him to leave by a threat that if he
did not instantly do so they would leave him to his fate.
When in the harbour at Shields, the captain was seen to count
the sum of 500/ in gold doubloons, to put it into a
canvass bag, and to give it in charge to his second mate, who
subsequently saw it deposited in a tin box. When the storm
wasraging, this tin box, with a few clothes of the seamen, a
bag of biscuits, a keg of water, and some raw beef, were lying
en the deck, and these were afterwards (with the exception
of the tin box) stowed away in the boat. When the crew
told the captain that unless he left the vessel instantly they
wetlld lea* him to hiS fate, he prepared to join them. "St

POLICE INTELLIGENCE.
QUEEN'S-SQUARE.
•
Two-well-dressed youths, John Cannon, a baker, and John
Holder, described by his opponent as " a sort of a kind of a
coal-merchant's clerk," apeared before the magistrate on an
assault summons.
The difference between the parties had arisen from the
circumstance of complainant Cannon having favoured a
young lady of soft seventeen with his polite attentions, and
being apprehensive that defendant, who lodged in the same
house with the tender object of his regard, was endeavouring
to ingratiate himself into her favour, or, in common parlance,
to " cut him out." The degree of encouragement, if any,
given by the lady did not appear, but the suitors were at
daggers drawn with each other, and defendant having called
the other young gentleman a puppy, the complainant penned
the following, in the height of his indignation, and duly for-
warded it per post :
"Sir,—To say that I am surprised at your very foolish and
childish conduct would be to tell a most flagrant falsehood ;
for indeed I do consider you capable of any mean and silly
act whatsoever; yet I beg just to inform you, Sir, that if
you do not immediately relinqui.l your silly schoolboy's
actions of whistling after me when I am about my daily
employment, I shall first write and acquaint Mr. T. of your
conduct, and should that prove ineffectual, I shall then pro-
ceed to chastise you, perhaps in the same manner as angry
mothers punish their naughty children. Now if you've the
sense of a man, you will never insult me again. In short,
you will know how to act towards yours, &c.,
" JOHN CANNON."
Complainant was just luxuriating in the idea that his letter
had duly impressed defendant with the idea of his superiority,
when the latter came up to him in the street, and putting his
fist in his face challenged him to fight. Complainant was not
disposed to disgrace himself by such an ungentlemanly exhi-
bition, and came to this office for a warrant.
Defendant said lie could not see what complainant had to
be jealous of, or to come there about. First, he wanted to
fight, and then he did not, after sending him such a very un-
gentlemanly letter.
Mr. BURRELL pronounced it a schoolboy quarrel, and dis-
missed the complaint.
Mary Ann Moody, a girl of the town, was charged with
felony.
Thomas Bryan, a private in the Fusilier Guards, stated
that he accompanied the prisoner to a house of low repute in
the Almonry, Tothill-street, where he shortly afterwards
missed his belt, which was valued at 12s. He had been
drinking, but was sober at the time.—Remanded until Thurs-
day next.