The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-07-12 00:00:00

THE STOrIIBRIDGIM OBSLMVER.

Court when orders were from time to time made for
payment out thereof; neverthelesa his predecessor in
office for his awn security from time to time invested
certain balances, and when L nal Ellenborongh was
appointed to the office in Mi .haelmas Term. 1811, he
found acorn of £5,000 invested in Exchequer billa, which
were deposited with Messrs. Hoare, the bankers, who
banked for him, in respect of all suitors' moneys from
time to time in his hands. The teetator's father,
the Lord Chief Justice, disposed at the income
arising therefrom for his own private purpose', and
after his death in December, 1818, his son, the
testator, always received and appropriated the divi-
dends and interest atmruing therefrom op to the date of
a certaiu report of the S loot Comffittee of the House
of Commute on sinecure offices, from which time,
in deference to, but not as being bound by, the opinion
expressed by the Committee in such report, he re-
frained from receiving any further div,clencle. When,
however, the office of Chief Clerk was abolished under
the provisions of the Act 7:11 William IV. and let
Victoria, cap.3o (pawed in consequenee of such report),
he, under the provisions of the Bth section thereof,
paid over to the Master of the Court of Queen's Bench
appointed by such Act the balance of suitors' moneys
then in his hands, and rendered an account thereof,
hut he neither paid over nor in any way accounted
for the interest which had accumulated on the said
£5,000 Exchequer Bills as from the date of such re-
port, and ouch intereet he allowed to remain at the
bank of Messrs. II tare, partly invested in Exchequer
Bills and partly in cash up to the time of hie death,
and with regard thereto he left the following memo-
randum addressed to, hie executor.:-
-. My executors will find a few Exchequer Bills, and a
small balance at Moors. Hoare., under the head of Chief
Clerk's Guarantee squid, the whole not amounting to much
more than £7OO The origin of this sum hi this. A com-
mittee of the House of Commons came to the opinion that
the Chief Clerk should not derive any advantas e from the
interest on the kb 009 Exchequer Bills, in which a portion
of the balance of the suitors' money in his custody was In-
vested, and from that time, about 1e29 or 1830, I
have not derived any benefit from it ; but what
was I to do with the interest? The public had nothing
to do with the money. It wee the money of the suitors
temporsrily deposited with the Chief Clerk as the banker
of the Curt, and he had always dealt with it as any other
banker would. When the office fell under my father's
management, he directed £5.000 Exchequer Bill, to be sold,
and the money produced by the sale was added to the balance
in Messrs Hoare.' band., because my father not banking
with them, they ought, be thought, to have ample profit
upon the business they transacte for him. I thus have done
what the Committee of the House of Common, decided, in
deritong no profit front the custody of the suitors' money,
but my executors mast consider what shall be done with
The moneys in question now amounted to about £l,lOO,
and the executors took out a Commons in order to raise
thy question as to who was entitled to them.
Mr. Gluse, Q C., and Mr. Nalder appeared for the
executors in support of the summons, and contended
that the moneys f wined part of the late Lord Ellen-
borough's pen sisal estate.
The Solicitor General and Mr. Hemming, on behalf
of the Crown, claimed the moneys as being the pro-
perty of the public.
Mr. Cotton, Q C., and Mr. Owen appeared for the
residuary legate. under Lord Ellenborougree wi.l.
The Vice-Chancellor considered that the moneys be-
longed to the Crown as being public moneys, and
ordered them to be paid over to the Paymaster- General.