The British Press; or, Morning Literary Advertiser.
London, England, 1826-06-10 00:00:00

DUGAN V. HOLLAND AND OTHERS.

The LORD CHIEF JUSTICE—This case came before us on a
special case, which was so recently argued, that I need not now ad-
vert very fully to the circumstances. The bankrupts, Messrs.
Marsh, Stracey, and Fauntleroy, hod been bankers to the Com-
missioners for paving the estate of Joseph LUCAS, Esq. They had
not been appointed in writing, nor was there any other evidence of
their being so than a continued employment of them as such. They
had been employed by the Commisatoners as their bankers in the
ordinary way in which individuals employ bankers. A pass-book
was kept, which went backwards and forwatds as is usual, and en-
tries were made of moneys received and paid in the way in which
the ordinary course of business is conducted. One question was,
whether these gentlemen, the house of Marsh, St:acey, and Faunt-
leroy, were persons within the meaning of the statute of 57th Geo.
3d., so as that upon their bankruptcy their assign :es should be
obliged to pay to the Commissioners the full amount of the money
they had paid into the bankrupts' hands. There is a local Act be-
sides, and upon a former occasion (Frost v. Bolland) in the course
of the present term, in an action against the same defendants, the
Court intimated an opinion that the parties were at liberty to act
under the provisions of each of these Acts of Parliament, accordingly
las they might think fit. I think it appeared further, that prior to the
57th Geo. 11 1. Mr.F. bad alone been appointed treasurer at a meet-
ing of the trustees, but his appointment was not signed by any of
those trustees except the ('hairman ; and under the Local Act it
was directed that the appointment of a treasurer or treasurers
should be in writing tinder the hands of live or more of the trustees.
Under the 57th Geo. 111. the appointment of offices is not required
to be in that formal manner; but it does not appear that
the circumstance of Mr. Fauntleroy being treasurer is material in
this case, as he never acted as such during the period ornate when
the transaction took place, which gives me to the present question.
Now, in the Local Act upon the present occasion there is no men-
tion made of bankers, as there was in the General Act; and the
question arises whether the bankrupts came under the description
of " other persons," referred to in the General Act of the 57th
George 111. Now, it appears by the 47th section of that Act
(which I believe was not adverted to in the argument), that the
Legislature supposed money might be received by and paid into'
the hands of some person who was not the treasurer; for there is a
provision that the collectors of rates shall weekly and every week
pay over to the treasurer, or to suck other person or persons as the
Commissioners shall direct, all such rates : and I have already in-
timated, that, in fact, these moneys were paid into this banking-
house in the ordinary way. Then conies the 51st section, on which
this case turns; and that enacts, that in case any treasurer
or treasurers, collector or collectors, officer or other person.
appointed for the collection or receipt of any moneys, under
and by virtue of any such rate or rates, shaH happen to
die or become bankrupt before ha orthey shall have fully paid over
and accounted for such rates or assessments received for or on account
of the commissioners, then the executors in case of death, or the
assignees in case of bankruptcy, are to pay over to the commis-
sioners, or sucn other persons sadiey shall direct, all such sum or
SUMS as shall be collected or received by such treasurer or treasurers,
&c. or other person or persons so appointed by the commissioners,
which shall be due and owing to the commissioners or trustees by
whom they shall be so appointed. Ist, It was contended that these
bankers could not be considered as persons appointed; but as they
were appointed as such, and the appointment need not be in writing
by the General A ct.itlappears to us that the employment in that cha-
racter, warranted by the statute, was equivalent to an appointment ;
and therefore we are of opinion there is no objection on that ground.
Then another point was made as to whether these two suits of money
received by the bankrupts were received as rates; and here again I
may advert to the 51st section, by which the provision is not confined
to moneys received on account of rates, but says "all moneys received
on account of rates," and goes on " or for or on account of the corn.
tuissionen or trustees." The smaller sum of two hundred and odd
pounds was received in respect of rates. The larger sum is not
stated to have been received es rates, either mediately or home.
diately, because it appears that some time before the bankruptcy
the commissioners had paid into the hands of the bankrupts 1,700 L
in Exchequer Bills, for which they had given a receipt, so stating.
It further appears that these Exchequer Bills had been sold by
their, and produced 17501. 17a. 3d. ; therefore the proceeds of the
Exchequer Bills must be considered as money received for and on
account of the owners of there Exchequer Bills. For these rea-
sons we are of opinion that a verdict must be entered for the
plaintiff for both these sums I and as they were dealing with the
house at large, we think the money ought to come out of the estate
at large, and not out of the separate estate and effects of 111 r.
Fauntoy.

KIKG V. 111OLT11.
This 11,111 an httlieunent against the Mt. saw liras Isipd at
the lest Thesiowd Arius. fee a Mel Ws OaNk
ministrt et a dierteetimer eteetlyrAeme
_avimosiont
the city at Newt* sad it legsiel Mato wimelwinlttm.
course with the defingeat's wife.
-
_ Mut BTOILEI

but the case was adjourned until this Term, on account of the time
It wrist likely to occupy.
Mr. KELLY resumed his observations this day, supported in his
appeals to the mercy of the ('ourt by Mr. Gunning. Both gentle-
men admitted that an answer had been given to .the allegations of
the libel, but urged that as the defendant had acted under the be-
lief that the accusation against Mr. Owen was true, the Court
wiiuld be induced to pass a lenient sentence on a man who had
forted from such an impulse as the deepest wrongcould alone excite.
Mr. H. C. HOIBIXSON was now heard in aggravation of the
punishment, and after going through the whole of the affidavits on
each side, contended that their Lordships must he convinced Mr.
Owen's reputation passed harmless from the vile aspersions of
the defendant. If, however, their Lordship passed a light sentence
on the defendant, it must necessarily appear to the public that
the prosecutor was guilty of the charge imputed to him.
After their Lordships had consulted together for a short time,
Mr. Justice BAYLEY pronounced the judgment of the Court.
He observed that it was at the defendant's own instance he was not
now brought up to this Court for the purpose of receiving jutig.
ment. The Court could not for a moment doubt but that the
libel Which he had published was calculated to create the strongest
prejudice against Mr. Owen, and to cast upon him the blackest
stigma as a Minister of the Gospel ; and believing, as far as it was
possible to ascertain the truth among so man y conflicting affidavits,
that the libel was unwarranted in the attack which it made, the
Court passed sentence upon the prisoner, of six months' Naha
imprisonment in the gaol of Norwich.