The Express.
London, England, 1851-03-26 00:00:00

LAW INTELLIGENCE.

THIS DAY.

LORD MAYOR'S COURT.
Bums ma Stony Hos. J. arras? WORT!" Q.C., Itsoososs,
Da HAN'S C. DELIUTO.—T R 1 QUICI Or PORTUO AL
DEPZN I/AMT.—IMPORTANT CASK.
This was an attachment, under the ordinary custom of the
City of London, issued in en action of debt for 12,0001.,
against tunnies to that amount in the London
Joint Stock Bank, in the name of Mr. Delrito, the
Portuguese consul and financial agent to the junta of public
credit of Lisbon, which monies were alleged in the attach-
ment to belong to her most faithful Majesty the Queen of
Portugal.
Mr. Ryland and Mr. Locke appeared for the plaintiff,
Sir Frederic Thesiger, Mr. Edwin James, Q.C., and Mr.
Randall, appeared on behalf of the garnishee and the de-

fendant:
On behalf of the plaintiff, evidence was gone into at con-
siderable len..rth, but the substance of it was as follows :
The plaintiff, having a claim to the extent of 12,0001. upon
the Portuguese government, and having ascertained from
private sources and from an advertisement in the Times no-
nouncingthatonacertaindaydividendauponthePortuguese
debt would be paid, hecommeneed the present proceedings,
making the Queen of Portugal defendant, in order to
obtain out of the monies then in the London Joint Stock go
Bank for the purposes of the dividend, in payment of his 20
demand. The main question, therefore, to be decided was,
whether that money, or any portion of it, bona ftde belonged "1
to the Queen of Portugal. It appeared that the account at
the bank was in the name of Mr. Delrito, but was divided be
into two portions—one being exclusively confined to monies 20
transmitted from Portugal by the junta of public credit, 23
for the purposes of the dividends upon the debt, and _
payments made in respect thereof through Mr. Deleito, and
the other portion solely had reference to monies received 23
on account of the government, and the expenses paid on
account of the government. It appeared in evidence 15
that the junta of public credit was • commission, 15
consisting of five members, one being appointed by kI
the Chamber of Peers, one by the Chamber of Dept'. ;
ties, one by the Queen's ministers, and two by the to
bondholders, and that all the monies transmitted to this 25
country under their authority (they being a body perfectly 12i1
independent of the government with certain defined duties) tail
were applicable to but one purpose, and that in rt.
respect of dividends. The monies sent by the govern- 17
ment were for purposes quite distinct—namely, such so
as the payment of the salaries of the officers attached 161,
Is the embassy, pensions to the widows of officers, at.
rad to soldiers who had been engaged in the last struggle ; 23..
but all payments and all transactions in reference to both ;
portions of the account took place through Mr. Delrito, the be
garnishee in this proceeding. The plaintiff was not pre- Ili
pared with any evidence as to the state of the government le
seeount at the time the attachment was issued (the sth Bt.
July la.t), but it appeared, that at that time there was a It
very large balance on the other account in favour of Mr. fC
Delrito, large sums having been transmitted from Portugal to
for the purpose of paying coupon+ on the Ist of August. at.
One of the witnesses stated that neither the Queen nor the 50
Portuguese government had authority or control of any 16
46
kind over the monies sent to this country by the junta.
St.
Sir F. Thesiger, at the conclusion of the plaintiffs case, ILI
submitted that there was no evidence to go to thejury, as it Bt.'
was not only not proved, but absolutely disproved by the 50
plaintiffs witnesses, that any portion of this money be• 25 St•
tonged to the Queen of Portugal.
The Recorder said he concurred in this, but, as under the 2.•
practice of the court, there could not be a nonsuit, the jury pg.,
must give a verdict. 7u
Sir F. Thesiger then addressed the jury, and in the course 30
of a short speech, said that this case was of immense im- 30
portance to the great body of Portuguese bondholders. The 7,-
action was au experimental one, and if it proved successful be
the natural result would be, that the junto of ,public credit is
of Lisbon would nut send any money to this country, but 10
would compel the holders of coupons to go to Lisbon for et.
their dividends, or the holders would have to send, at great ES
trouble and expense, powers of attorney to Lisbon, to be rte. 5.1
anted on their behalf by. persons there. His learned friend 4,
had debarred his going into particulars as to the nature of to I
De Halices claim. 241
The Recorder then summed up. If the jury believed the ,
plaintiff's own witnesses, they would give a verdict fur the gl
garnishee.—Verdict for the garnishee.
DE DARER r. CHRIsTY. THE QUEEN' OP PORTUGAL 247
DEPENDANT. 110
This was a similar case, and was proceeding when we st.
10
went to press. 20