The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-11 00:00:00

COURT OF COMMON COUNCIL.

Yesterday a Court of Common Council was held for the despatch
of a great deal of important business. The Court was extremely
full.
WEST-END OF THE TOWN FISH-MARKET.
Mr. Dixoe referred to a preject spoken of very much, amongst
others of the day, for the formation of a Fish-market at the West-
end of the town, and for the application to Parliament to irstitute a
Joint-stock Company, its the view of flourishing, at that fashion-
able put of the town, in fish. It had been referred to a Committee
of the City bands to examine and report whether the sire of the
present Billingsgate Market might be so increased u to accommo-
date the extended tragic. lye washed to know front the worthy
Chairman of that DOITIMitIO what had been done on that subject,
for if it should be found that the Six. of Billingsgate Market might
be enlarged, the necessity of the Joint Stock Company and new
Fish Market would be done away with.
Mr. OLDHAM of the Committee) stated, that he
should call them together as speedily as possible to examine and
report on the subject, which certainly was one of no light impor-
tance. He could state, he his own private opinion, having inepected
the spot with the Surveyor, that the present Market could be en-
larged moat advantageously.
Mr. Alderman Wellies:en said, the Committee ought to lose
no time in making their Report, for the sooner the public received
information respecting those great delusions, new Joint Stock Com-
panies, the better. When the people saw 31embers of Parliament
and Magistrates engaged in th, se gambling speculations, for they
were no better, a most mischievous spirit of gambling must be dis-
seminated amongst the pepulation. He knew of one instarce
among others, where a clerk, with a salary of only 2001. per an-
num, realized 25,000/. on a speculation. In fact, they were gene.
rally startel by persons who had no money of their own to risk, and
who speculated on the premium they might obtain on the first
shares, without intending to embark one farthing in the under-
taking by which they excited the public cupidity. lie had no ob-
jection to Joint Stock Companies fur great purposes, which could
not be effected by private competition; but those were not of that
nature. They were of a description inimical to regular and salu-
tary trade. and the Court could not do greater service to the public
than by causing immediate inquiry with respect to every one with
',birth they hail in any way to do. ( Hear, hear.)
TIIE REFUGEES.
111 r. OLDHAM brought forward h> motion for subscribing in
aid of the contribution for the relief of the Spanish and Italian Re-
fugees. It would be toinecessary fee him to discuss the events
or me measures which had driven a multitude of unfortunate fo-
reigners to our shores, in a state of misery and destitution. Ile
would only read the Resolution which was entered into at a meeting
of Noblemen and Gentlemen, held at the City of London Tavern,
who declared that, abstaining from any opinion on the merits of
the cause in which the Refugees had embarked and fallen, they
were entitled to relief, on the grounds of Christian charity. There
were COO or 700 men of the first rank, and he might say decidedly
of the first talent, in Spain and Italy, who had beer, driven to our
shores, and had wandered about the streets of the metropolis, as
exiles, in a state of great misery. Men of rank of all parties had
subscribed to their relief, without any reference to their political
views, and numbers had subscribed who were diametrically op-
posed to then:. Amongst others, he observed the names of several
of his Majesty's Ministers, who had thus set a most laudable
example of purely benevolent feeling: Ile asked whether it would
cot be worthy of the Corporation to join in the same mar ifestation
of liberal feeling ? (Hear, hear.) Several of those who had re-
ceived relief were provided for in various ways. The lint object
had been to provide immediate sustenance—the next, to obtain for
those objects of compassion permanent situations as teachers of the
modern languages, said of the accomplishments they possessed.
Yet still their numbers were so considerable that there was
scarcely any hope of providing for them all permanently in this
country, and additional subscriptions to a very great amount would
be requisite, in order to dispose of them in any manner. Fifty had
alreaty departed, and it was in contemplation to send sixty more
immediately to North America, where they would have a more ex-
tensive field for the exercise of their talents. Ile should not
move for tie grant of any specific sum of money, hut leave it
to the liberality of the Court to decide upon the amount. Ile
was aware of the very low state of the funds, but he was sure they
would never he one shilling poorer fur their grants to the unfortu-
nate. (Hear, hear.) Ile had thought of asking for 3001. (Lewd
cries oft' 5001.") As then there seemed to be a disposition to grant
NU, he would move that that aunt be subscribed, in aid of the
tinlo eunate Spanish and Italian Refugees.
Mr. Favtfee seconded the motion.
Mr. DIXON cordially consented to it. The only question they
had to answer was—" Here are a number of strangers in distress,
what shall we do for them ?" (Hear, hear.) But while the Com-
mittee which had the management of this subscription behaved
liberally towards these Oentlemen, •reho had been brought up In
affluence, and were reduced to misery, they should guard theme
selves from extending their allowance too far ; and lest, by ex-
citing the cupidity of unworthy objects abroad, they should throne;
the, country with idle vagabonds, who would go any where for the
purpose of partici} ming in the subscription.
Alterman IVAITH si•); described at wine length What he had
witnessed of the eetreme distress and misery of those unfortunate
individuals whilst lie held that situation which was now so ably
filled by their present Chief Magistrate. A Committee then sat,
week after week, to distribute a scanty subscription, and they were
enabled to give no more than 7s. or 131. per week, for the sub-
sistence of each person. He could not but congratulate the Court
on the feeling which had been manifested in their favour ; and
he doubted not they would feel sympathy for men who had
struggled for liberty in their own country, and that they would
not forger that it was to the struggles of such men in this country
we owed what of liberty we now enjoyed.
Mr. GALLOWAY also supported the motion. Ile believed that
many of the Refugees would have braved every thing in their own
country, had they foreseen what extremities they were destined to
be reduced to in this.
The Loan Aleecoa said, he hoped the example which the
Corporation would doubtless set other Corporations would be fol-
lowed throughout the kingdom as the wants of the unfortunate
men were very great, and consiSerable difficulty was experienced in
providing for any of them in a satisfactory manner.
Mr. OLDHAM, in answer to Mr. Dixon's observations, said, that
the t e arnieme_ for managing the subscription had not been able to
allow ineffeffen Ifs. pet week to each man. This was rot, he
added, a sum likely to excite cupidity abroad. (lieu, hear.)
The motion for the grant of 5001. was then carried unanimously.
ST. BRIDE'S CHURCH.
Mr. Ibex brought up the Report of the Improvement Com-
mittee respecting the proposed subscription in aid of that made for
opening the view of St. Bride's Church, in Flee-street. The
Committee recommended that a sum of 51101. should be given to-
wards the improvement. Mr. Hick moved that the Report should
be agreed to.
Mr. SAVAGE seconded the motion.
Alr. JON ES said, he did not think, when his general conduct
in that Court was considered, that lie should be thought an
enemy to improvement. He, however, felt it his duty to oppose
this motion, which he did in a speech of considerable length, that
was inaudible below the bar. We understood hint to contend that
there were other points of improvement, such as the widening of
Lombard-street, for instance, to which the Corporation might wore
properly he called to contribute.
Alr. SOUTHGATE supported die original motion in a long
speech, in which lie contended that the Corporation should take
the lead in the spirit of improvement whiels had arisen in the City,
nod that they could not direct it towards a better object.
Alr. FAVEL L way dispoeed to support a grant of 2501.
Mr. SLADE thought the Corporation could rot give less than
300%. foe the purpose of displaying so noble an edifice.
Mr. Dexox said, that when he looked upon the very contracted
opening which was to be made, and alien he examined the lower'
part of the steeple itself, lie could not say that the execution of the
plan on which the subscribers proceeded could be called an im-
provernent. He thought that no ore weld look at the lower
pert of the steeple without being convinced that Sir Christopher,
Wren never contemplated that it would be thrown open in the man-
ner prop.osed.
Mr. R. TAYLOR said it was not ebsolutely necessary that the
precise plan exhibited to the Court should be adhered to. lie'
warmly supported the motion.
Air. PT IV? nEss was of opinion that the Court should leave it
to the individuals of refined minds, who had commenced this
work, to show the strength of their zeal by achieving it; and
that the Col puration should apply their funds to improvements else-
where.
After considerable discussion, a division took place ; when there
appeared—
For the Grant, 50—Against it. 75—Majority, 25.
Mr. PEW TRESS then gave notice, that lie should move for a
grant to a smaller amount, for opening the view to St. Bride',
Church, on a future day.
The Court then proceeded to elect by ballot a Principal Clerk or
the Court of Requests; which being taken and cast up, the mini-
bees were—
For Mr. Jupp, 115 Mr. Kent, 93.
Whereupon the Loan blevon declared Mr. Jupp elected
during pleasure.

About six o'clock yantertlay morning, a fire broke out at the
house of Mr. Grange, the sign of the Barley Moir, two doors from
the corner of Marygold-court, nearly opposite Beautbrt-buildings,
Strai', which, from the situation of the premises, threatened ge-
neral devastation. The tire was first discovered by a person named
Roe, who slept on the second floor. and who felt a sense of suffixa-
tion from the intensity of the smoke; he instantly jumped out of
bed, and alarmed Mr. and Mrs. Grange, who slept on the first
floor, with an infant, about eleven months old. From the confusion
that prevailed, Mr. and Mrs. Grange made their escape down
stairs in a state of nudity, and took refuge in Ike house of Dr. Gifi
ford. opposite. It immediate]' was discovered, that, in the hurry,
the infant was left sleeping in bed; upon which both the father
and mother, in a state of frenzy, ran back. and dashed through the
flames up stairs, to sate the child. Mr. Grange succeeded in
getting to the room, and escaping with the little innocent alive ;
but as Mrs. filange was proceeding up stairs, they gave way, and
she fell to the bottom, but fortunately sustained no iikiury. By
this time the flames burst through the first floor windows, with
alanning fury, and, although the two engines belonging to the
British Insurance Company were immediately on tkn spot, and put
in active requisition, yet it was fourtl impossible to check the de-
vowing element, and in leas thin half an hour this whole house was
reduced to a heap of ruins. Thr greatest fears were at one time
entertained ter the safety of the house of Mr. Knight, the cheese-
Int/tiger, at the corner of the Court, but, by the praiseworthy ex-
ertions of the firemen, the building was preserved. but the roof
is materially damaged, as also is that of the house of 31r. Rogers,

LAW .1111TPI.I.IGENCF.
COURT OF CIIANCITETTuoRsnAv, Fs,. 10.

STOCK-JOBBING—IMPORTANT CASE.
EYIIF. r. LVERETT AND OTHEIDI.
Ilia LOYDSIIIPPiIed to draw the attention of Counsel to two
bundles of papers which had been handed to him in this case ; the
one was, copies of letters ; and the other, exceptions to the answer.
Included in these there necessarily were many papers which the
attention of the Court had not been called to by the Her, and
therefore his Lordship had abstained from reading them. If
there were many of them material, to which the parties wished the
Court's attention to be drawn, it would be necessary to mark them,
and for Counsel on both sides previously to see them.
Mr. Moor bad no conception of any papers but the bill and
answer having been handed to the Court.
Mr. Eyre begged to say, it was immediately under his Lord:
ship's direction that he had handed in these papers.
His LonIISIIIr said, he was perfectly aware of that. nor did he
Sean in the least to reflect on Mr. Eyre Mr having done to ; he
only wished the material parts to be marked. shown to the Counsel
on both sides, and then handed back to the Court. His Lordship
then proceeded to the following effect :—`• Now, with respect to
alMost all the points in the case, it will be necessary for you, Mr.
Wyatt, to mark such parts in the answer (not the schedules) as
you rely on. I have read the whole of the bill as well as the
whole of the answer, very carefully. There are many of the points
I may now mention, with a view to have both the attention of
the bar, as well as my own, called to them, between this and
to-morrow, and so dispose of them ; by which time I hope the ma-
terial part of the answer will b,. marked. I have re-considered the
doctrine which I stated the other day, about surety and principal,
and I have found no reason to alter the opinion I then delivered.
With respect to the debt of 10,000/. I should be glad to have the
parts of the answer (if there be any such parts) particularly pointed
out, that raise the q.iestion, as to the effect of taking from Mr.
Mainwaring the security for that 10.0001. as connected or uncon-
nected with the debt of the 2.'200/. With respect to the question
whether the bond s delivered as an rerrow, either to Mainwaring
or the clerk of the a ompany, I am of opinion that that question is
concluded at law, and -therefore concluded in equity, unless you can
point out to me passages in this answer that are contradictory to
the verdict on that point. With respect to one very important
question, I mean, whether this company was what is called &bubble,
my opinion upon that is, that that mutter having been put upon
the record as a plea, in the first place, I ehottld be very well autho-
rized to say, that it being made matter of plea, and the parties
having gone to the country upon it, the bond Itself (even if i could
trust myself with the question), cannot be considered as evidence,
on the face of it, of bringing it within the statute of George the
First : the consequence of that is, that if it is not within the statute
of George the First, it must have been the intention of the parties
who went to the country upon it, to establish that it was within the
intent and meaning of that act, by giving evidence, which I sup-
pose they did ; if they did not, let it be eementbered. if parties
give up the cause at law. that that is not my fault; I cannot help
it. But I rimy that further: if this Company were,—and I give
no opinion at present upon the eptestion one way or the other.
therefore I only pttt the proposition hypothetically, and say, if
it were,—a bubble within the statute of George the brat,
it would be what the law would consider of a criminal nature.
I think it would be what a Court of Equity would deal with
very tenderly till it had been tried at law ; but after it has been
at law, ON it has been in this instance, and after the verdict has
been, that it is not within the statute of George the First (for that
is the effect of the verdict). I think this Court would be taking a
power upon itself very strong indeed, to attempt to try that question
over again, regard being had to the verdict obtained. But Igo
still further, for having had some conversation since I was last
here, upon this point, with sortiehody who perhaps knows a great
deal more about such things than I do. and therefore knows how
far a court of law will or will not interfere between parties who are
acting illegally, I cannot help thinking, provided the transfer of
those shares was an illegal transaction, I say, provided it was
(without saying whether it was or was not), I cannot Nip enter-
taining a very strong opinion, that it does not belong to me, sitting
, in equity, to help any party whatever who lends any assistance to
such a transaction. Now when I say, " who lends any assistance
to each a transaction," as I see a very respectable gentleman, now
sitting under me, I mean Mr. Eyre, don't let it be understood that
I mean in any degree whatever to retiect on that most respect.
able gentleman for the part he has taken, and the manner he is in-
volved in this case ; I ant quite sure he gave his assistance most
honestly to alainwaring, and I now only say, hypothetically, if the
transfer was illegal, a party in such an illegal transaction cannot
come here to be relieved ; at least, so I think at present. I observe
(and I don't know whether it is proper that I should observe that
or not), that the world has been informed, it was stated by me when
we were last on this subject, that -till companies are incorporated
by charter or Act of Parliament, they cannot sell shares for profit.
Now, I don't think it requires much experience on the part of
a lawyer to understand, that where there is an illegal body exist-
ing, the acts of that body are not legal. But if I understand what
has been the judgment of the Court of King's Bench in this
case., I may be right or I may be wrong in this observation,
but I do not like that the indivithial opinion of a person, 01
11 point so important, should be sent forth as an encourage-
ment or a warning, without taking care that at least that individual
opinion should nut operate to an event be) and that to which it
was intended to operate ; and therefore I say, I understand the
judgment of the Court of King's Bench to be, that companies.
whether they mean to apply, or whether they do apply for a char-
ter or Act of Parliament, if they are acting within the i dent and
meaning of the Sixth of George the First, that those are comps.
nles whose acts will not be held to be legal, and I think I have
been misunderstood, because if my recollection is correct of what
I eaici in a case in which I ought to be exceedingly careful of what
I do say, I did not state what I have been represented to have
stated. I observe that a notion has gone abroad that I was mean-
ing to introduce an ex post facto law ; now what I said was, that
a Company intending to have a Charter, or an Act of Parliament,
may exist without a Charter er an Act of Parliament ; but if they
mean for their own benefit to have a Charter, or an Act of Parlia-
ment, it Is not introducing any Cr post facto law, but it is, that if
you mean to apply to the Crown for a Charter or an Act of Parlia-
ment, you shall not act in the mean time for profit. Now whether
that proposition will be Adopted elsewhere, I don't know ; I am
perfectly aware that in theory and in reasoning, objections may be
raised toil, but whether there may be reasons to overrule those
objections, it is however for Parliament collectively to determine;
and if the collective reasoning of Parliament should decide against
that, why, then an individual who thought otherwise, must sup-
pose he was mistaken; but till that is decided by the refusal of
Parliament collectively, I, as one, cannot conceive that that is an
unreasonable provision; therefore, with respect to any thing that
is pass, it will be for Parliament, and not foe an individual, to de.
tide—whether they will declare the law, as to what it shall be in
future (in which case they do not make an ex post facto law), or
whether they will enact as is what is past, is for them to say ; and
a very serious thing it is to make a law with respect to what is past.
Whether they will make a declaratory law or not, I don't know,
but I think it necessary at present, to prevent myself from doing
mischief, to say, there may be many Companies acting as corpo-
rate bodies, without having authority to act as corporate bodies, and
who, according to their own opinion, seem to have been within
the intent and meaning of the 6th of George the First ; but to say
that Stock-Jobbing Companies are within the 6th of George the
First, may be a good or a bad exposition of the law, but it certainly
is not an ex poet facto law.
Mr. Eyre hoped tile Lordship would pardon hint for sayirg
that it was most important for him sot to have it understood
by the profession that he had put a plea on the record without in.
tending to have had it argued ; the feet was, that he urged, by
every means in his power. his Counsel (Mr. Sergeant Pell and Mr.
Park) to argue the point, but they considered it ouneceasary.