The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-13 00:00:00

ALLEV

ALTItt 1.

Mr. BEOI:GUAM which he made rcitt r•
day fora new trial in tints r.e.e. on the ground that the rircainsmuces
stated on the trial as j osti ticat ion of the de fentlant 's conduct. and upon
w loch tln claim to damn ages was resisted VIM! not Wm:lull to their 11111
and fur extent hr the• Jury. 'rhe circumstances of the ease apt.rar-
e.l is
the H.ilid. lb.uut'vrscetdov, and the 4 ',4ttit t.•as now iseuvrel
011 the special case to which Mr. Arottglittin ant the Atturney.ti...
neral assented vest, May. The Learned Judge (the Lord ('hit,'
Justice). who tried the left it in them to may a het ht r tile em titmice
suutsmid the Cie.. that Culond Arthur was superior otiieer to OA.
Bradley at the • ❑.e of the arrest? The nrv-st w.ve jundirthle in
that event; but the Jure were also direct,:) to inquire whether the
plaintiff was kept in maim:mem longer than the circutostahees of
the case required. (In the charge id th? Lurd Chief Jamie:. tea l
the evidence. the Jury found a verdict f..r the plaintitf—danot.tm
Ile (Mr. Itroughane) sultatitted that Colonel .Irthur ties- 1.
did enter a military sotto:tend giver Colemel Bradley. lie w.a
ready r,. concede one gre,:wd of ar4unont wlieets 1,,. hoot up
that which referees' to the power ot the crown. to dei.M.l.: • !'e
::at: r.vosed tit it set thiNS/11 that: 1.41

no c% he led, of such a e-lecation of tritst to those
who invested Colonel Arthur with niiiiiary power at the
Haa-
du-as.

floe Lon, CII I f.r Juts-sec suggested that the case would bet-
ter come ttetore the consoler:mon of the Cour. by being made • spa-
cial one, as the Court gust:rued yesterday.
The .1T Nt: r-f ir ult at. was not disposed to agree that the
Case should be made a special one.
11r. Iluocr; /tat proceeded in argument to thew, that the /Crag
had only such power in the control of military discipline as was
green bun by Acts of Parliament.—That no such power as was at
lresent contetaled fur was entrutted to him, and that no sacs der
egation had been proved in the present instance.
The Loan Cut J CSTICE interrupted Mr. Moues= is the
further progress of his argument, and stated. that the Court lief.: of
ovinioa that the case should be mad. a special lute.
The, accordingly directed, that there should be laid before them
a copy of the cnnunias +r of the Duke of I•ti.cliester and Deseret
Vuller--of the commissions •liich the 'Juke of 31ancheater and
Genera/ Fuller gave tot 'Mond Arthur, and also copies of the ealli-
missions of Colonel .Irtliur and of Colonel Bradley.
These were aetool tingly ordered to be laid before their Lordsbipsi
and the case was made a special One.

tux Et EG r.. ratio rot.
The ArtentNEYALIEN Test. applied [;:r,t wet aqua trereartfe
in this ease to irsue aultinst the drfrodatit, to show by what autho-
rity [persecuted the office n 7 Mayor of the borough of 3lonthoutb.
An undue and partial election constituted the ground of the appli-
cation. [4..rerd votes of ticia-frsidnt freemen of the toes were
rejeet:pl. for there war no premisteci in the charter of
the borinigh to sl.ew that non-residents were not enti.led to vote.
But although the enter of the non-rerittent, who toted against tho
pro.eht Mryor were disallowed, yet the votes of thole who were
his favour were admitted. The Learned I ientlenien further sob.
mitt(d. that if the rots of those who were legally qualisod td
rote were admitud, the balance would he in far.ittr el the opponent
of the present 31avor.--Itttle greeted.
Their I.ordships, after Iterkg disposed of several other eases of
no public iniportance, proceeded to suet the 4:have:Nor of the Ex-
chequer, the Judger. aryl the :%!enthers of the Privy Coarteit.
anoint whom we Lord Colchester, Mr. Peel, and Mr.
Wynn, in the Exelieniter Court, for the purp.we of ret ulatinj PIS
nomination and appointments of County Sheriffs fur the ensatrj
year.

COURT OF COMMON PLEAS, FRIDAY, NOT. 11.

ro.tv:s r.

THE Ii4NK or EWGI.VSP.

Our readers cannot fail to recollect that that important MC VMS
tried at Guildhall—tint the Jtiry lotted a special verdict—ard that
the case wan subacquently argued before the Cotmt of Coninogi
Pleas. Since that period, however, the present Chief Justice ar,l.
Jitstne (hzel r have taken flick scatv iu thiv Court, and the!
wiArel to hear the argument dr my., before they proLocaued •
judgan nt.
This day Mr. Sergeant V.v num AV was heard tID beher e the
plaintiff. Ile commenced by stroing, that the appointment of eta
Chief Juvtice and Mr. Justice t;a:relee to Witt, in this Court tainted
a re-hearing of this care. The ohjeet rf tier !tank of Ergland w..*
to prevent the plaintiff' from retorericg o ?r the vtdi rct ; and they
. _

objected to pa; principally because 'le plaintiff hail knows tbat
torgery was committed on the Bank ; whereas elm plaintitFinsisted
mum Ter .Teeing. because the Bank. out he insis:nd, mast hove
known, it they had used due diligeoce. that his name had been
forged to these instruments, under which a concidtrab:e transfer of
stock bad taken ;dace. It was said that in .larch IS.tl the plalnit.
was aware 01 the forgery, and that he concealed it till the 21/:it of
the tfemenihir following ; and it could not be denied that the Bloc
had no evidence of his adoption or that forgery. but by :he 'lisp.
tOn of such con•es/meat. No doubt the Court, in TB:cc:leg a
seated argument. most have been influenced, net only by the real
state of the tact. in the ease. but by the momentous respersibility
in which the Bark was involved- rather than by any difficulty in
the application of the law to the question. The question was one
of general concern. Every indisiew.:, whether naive or foceigner.
who had money in our Muds, lens interested in it ; and if the de-
cision in this case were adverse to the plaintitl; they must feel their
property endangered in proportion to the vast responsibility of the
Bank. In fact when looking at the point more paricularly to be
decided, he did not know in what decided eases the plaintiff's tight
to recover could be imyeaebed. It *mild be right here to state. that
the form of the action was in Toit, fur a breech of duty in the
Bank transferring tot e plaintiff's stock without his anthority. But
suppose the Court to be of opinion that the stock of the Vilna
was not so t It:Wryer% still he had an indisputable right of Dettoti
against the Bank for refusing to pay the dividends uzru!rg On that
stock.

The CHIF:r stared in .ht sc.,;„ni
and fourth count"! of t:Je 4.l,:claration.

Mr. Stigeart INT —Thcre were st,••gol,sr gwe eircr
the last of which was in (nicer. and that he would now altoget!,ri
discharge from ennsideratirm. The facts, lowevcr. suppli4t.•
points fur cot sidcra:ion ; namely, whether they were sustantib::
by the first and third or by the secor...l and fourth counts. F:rst
then, were the Back guilty of an Lbnwa of their duty its trans.
ferring the stock ; and the next, were :hey justifiable in refusing o
pay the dividend, stinposirg it not tram:rind. ; and to deede
the (hurt would hate to look at the nLt ir. duty of each rani,
in corjun..- ion with the fans stated. The duty of the Bank, as to
transfers of stock, was regulated by vsrions Acts of Parliament,
agreeing as to their particular dory in that rase. The plainefirwas
car.fesseilly the pmpti.tor of stock, and the Bank were milli& d
from raising the question of what interest palmed to him in h.s
ori:zinsi Ira ..far, Ai the time this acti.in cinnmenced, they ad-
niittcd the plaintiff-s right to a sum of I 0:. on rock. and 1751. in
long annuities. no wit. h he had received the dividend. At the
outset the Bank acknowlalge him to be a proptietor of stock to a
large amount ; amid in COIIIIIIIOII with every other stock-holder, 1.4
Lad a decided right to this stock. What then were the duties of
tie defendatits, and who wire dill? They w::re a great nubh.;
bode—the agents of the public—et the phintifY, as one et tEs:
public; and they received a reuniaryconsidratiori fur their agency.
Ily stat. 31 Geo. 111. c. 31. sect. 3. the 113,4 were allowed to Ulig
above 400!. for the nianagenictit of every million.
Tar Cities Justice—That sum has been since reduced ; bet
the principle of their being agents and receiving pecuniary war-
ders ion for their agency is still the 1,2111 e.
31r. Seriztant I' A roftaa—'llic argittnet t was exactly the same.
and if the agent were guilty of negewnce. most maker t`-
damage; and the law cl.t e s right of action to that :et. It
would be witless to discuss this principle further. l'he Suit vol. c•
edmL.rn's Mee's, Ankle" Action on the Case," was an authority ol
the point ; and, in later cditiii:Ji of that work. it was laid down ;
illustration of the principle, that an action on the case lay agair.st
the Bank fur refusing te trinsfer stock. In site case of Diegley
I the Bank of ,:nglanit. an application was made to the Court u.
King's Bench for a mandamus to compel the Bank to make a
transfer of stoek ; but thee Court there sand, " No, you have a ere.
dal action," which was saying, is other words, we never doubted i•
the Bank negligently dischargt-il their ditty, that they were not
in an action to repair their wroTe. A book was specially privitt...l
at the Bank for the insertion niche names of all proprietor. of
The Cite nr JUSTICt —They hate credit in these litrJha for u:.:
amounts invested,

3lr. Sergeant Varnitsx—The Act of Parliament threets, thst
a book et registry should be kept in the Accom.tant.flencr.,'s
office. The brat of Geo. 111. regulntes the precise me:hod of
transfer and mode of attestation. and the same languaga was to ha
round in all the subsequent Acts upon the same subject. The pans
owning stock. or the agent authorised to transfer stuck, was to insert
their setn.ral moms before any transfer could take place. and th:
purchaser of the stock was also obliged to sign his name. fiche,:
proceeding furtn•r in this case. lie (:tte I.rsrned Sergeant did th.t
know it• any question were to be raised XS to the plaintiff bring t!•
let?! o 'nes: of the stock.
rho l•ttl£F .111'41Irt —lt would be in your favour still 'The::
if he did not accept the emek ..here the ilieidectie were rani ay.,.
31r. Sergeant V•roitASt —The party could only hare had
stock by subse:ibing big name: and Mire was iu the inargi.: •
tranifer " a rocurumendation to accept the stock." in the case ..1
trustees, that w:is rarely acted on, and in many utters, too,_.

Mr. justtce l'Art--heft CMI ikt• no do.tht.nn lhott 'matter

Mr. Sergeant VAu,;HAy—Wall it not a ViOlatIO:1 Of tlir du,r ot
the Rank to tran•fer the stock
The CHIEF J CSTICE—IhIt did the Rank transfer the stock .!
They merely held the book to the party who transterrrd.
Mr. Sergeart VAl'oll•l4—They lierniattril the transfer; ant
more, they register.d thr improper party as a proprietor.
Mr. „Iwrice Cana—And that brings us to the question. it to
doing so they act. A 1 orongfolly
31r. hrrp. ant N'acc UAN--In the case of Sir Richard Sutton ••

the llahk Of England. the 'ourt held they were guilty of .
once. so as 43 sustain an action tar unreasonable delay in tiros-
Nrrinir stock.
The liner Jr ST: —AV he, became of that CU!

Mr. SPIIICant Val' 1.10t;1.1 was made anon it. TI
sum recterered was small, being tht diffevncr in the pr.ce or the
funds at the period of demand to transfer and the actual trarp.fet
and be nitrely mentioned it ts a principle which, if not reco.thi...ti
by the P.ank, would no doubt taie b..en long since re.ist...l,
Mr. Justice lira Li ry -In that case :he Bank sent a let rr : •
the wrong place, sc.tich ca Iwo woe: dthiy than was domed t 4.1. •
ne:essary. It should no: be torgotten, two. thin ii,,
Hank was guardod in eatery was. and it was proper it al 7c1:141 t.c •.,.
Ttle poolr of a:torneF was to ronsiu a number of bouts in Irc r
hands, and they were Ige of i's genuineness. and make ..cr;
nece•aallo erotic,. :u' and the discreii..n were all conflded
the Bank, not to the purciwo r. and the Batik, of course, A+
liable. It, the: ',lca sir thrir sacli their hreash or it, :Poi
au the Iwo. attend.r g out+ tirra:h_
Th.: t tu:r Jt•sl —Hut ch-re :s still ariort.,r port. I.
stock tripoli:reed Fo: if not, it is the dig), 0: the lia..k to pay
the dividends.

31r. Set .ea-t Fart.•.: tw—Thia. try Ion!. was a forg..± m•tr..-
mint. and the intetest cannot pas". We stated that the Milk t••_
rotted to psi the dividtsuls suppose. the t. that the defendants tuj
l•able, the tpusiion rext runte t•ttl,--,eas the c•uoluet of the plait -
ttti• such as to al.:flit hint of his legal tent...l, ? It ao. +14.1 ti: t
via nutaths hall elapsed iftt: 'Urger, w•a► known to tl.e plaint:4l
before lie turtle the it isclosore to th.!lta.:k : and on that all he w0i.1.1
.::y this. -as: th...re ti,T a V. anent in which a clear cwt.z it
not e. v ir• the plaintiff? And if that he so. eheyirs:i
thi.--1V49 the :aria of action so dn•ts:t4 by other rireu:r. .
.13itce, ?

The i•tt trr Jr Ict mirg. !or the sAlte of srga:-.ento`,
the stock stwols to ha. nau.e. :t tbere acy ,o.;{ to .Itt loci a
his tiki.l..nd ?

.`..L.rirrant V AVG K .ily t`:io, I.nri, r. ndr•N n!1 f-r
too St 0111VIrl: 0! t y vcr:. ,c the e...t of tl,o trr.
Tt:e CHI ti '; E a e,a Llf,;:d con