The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-25 00:00:00

THE LORD MAYOR'S COURT.

ar.rxrt.t. v. EVERITT AND OTHERS, GARNISHEES,
ELI* AND OTHERS, THE DIRECTORS OF THE GROUND.
RENT COMPAN Y. DEFENDANTS. _

This was an attachment sued out upon the money belonging to
the Oround.rent Company in the hands of Messrs. Everett and
Co. their bankers. The plaintiff is a creditor to the Company, and
sought to recover the sum of 3W)!.
alt. BEIN WARD raid he hoped to be able to make out, in his
Lordship's judgment, aptinto facie case. The question was, vibe-
thee there was money belonging to the defendants in the hands of
the garnishees ; and the mode in which be should proceed to prove
It was, by giving evidence that on the same day the attachment was
laid on any money in the hands of Messrs. Everett, a person called,
in company with the plaintiff; anti obtained an interview with Mr.
Everett, who, in answer to the inquiries made of him, said that any
money in his hands belonging to the Ground-rent Cumpony was
there to the credit of the directors. Ile knew nothing about the
Ground-rent Company as a body. lie did not give the names, be-
cause he considered he should not be doing his duty to hts cus-
tomer,' had he said distinctly that any money in his bank was.
placed to the credit of the ditecters. In order to show who the di:
re.,..ors were he should show n prospectus containing their
names, and be hoped it would not be found, that when peo-
ple sent their names forth to the public as responsible persons, they
would, when the day of trial came, turn round and deny that
they were directors, ur pretend to state that their names were ism-
posed upon the public. The capital which it was stated to the nub.
lic the Company possessed was 350,000/. in shares of WO/. cu:li.
P. U. libsworth, clerk to 31essra. Butterfield, attorneys for
the plaintiff, called on the 17th of November at Messrs. Eve.
feu's, in company with the plaintiff, and saw Mr. Everett.
Witness stated that he had a chin on the Ground-rent Com.
pany, and inquired what funds belonging to it there were in his
hands. Mr. Everett said, •• We do not know .the Company :
the money we have received is on account of the directors."
On the .Itl of December witnesz, went again, when he saw
31r. Milner, a cletk to Messrs. Everett and to., who when asked
the amount of the money in their hands to tho account of the
directors. turned to their books, and said there was a sum of
Mill. Witness asked for a prospectus, and could not get one.
Watts. clerk to the plaintiff's attorney, produced n pro-
spectus, %%hien lie obtained from Mr. (;left's office on the 17th of
November.

James Cleft, of Gray'e-Inn, solicitor—He was joint solicitor to
the Company, and he proved the issue of the prospectus.
Cross-examined by Mr. BOLLAND.—Iiad nut sem all the de-
fendants acting as directors.
11r. Bot.i..tsti—l see in this list many respectable names.
The witness said he knew they were approved and entered in the
books as directors. A number of applications were made for
shares, and they were appropriated. Ile did not know the fact of
the shares being issued; no shares were issued to his knowledge.
A Juror asked witness if he was sure all the names of the three-
tors were Used with their consent ?—The witness only knew that
some attended.

Mark Aliincr., clerk to Everett and Co , proved that the house
had 3001. to the credit of the Ground-rent Company, and that the
bankers gave out the prospectus. A deposit of 2/. per share was
paid in no some shares.
The RECORDER—Are the names of the directors in the pro.
apectus the same an those who have credit in your books ? Wit-
ness—ln the books the account is headed The (;round.rent
Company."
A Janw—Thitt contradicts what Mr. Everett 1441 himself.

The Cou 17—'2= the (Iround.rent Company recover in that
name ? Are they a corporation ? If they are a company, they
can recover by the name of the Ground.rentl Company. The
?coon, states that the defendants ore directors of a company.
Perhaps it is very well that the directors are not spoken to in
another way.
11r. BERNARD suggested that as money was proved to have been
received by the Bankers, to the credit of certain directors, by the
admission of 3lr. Everett. that it should not be for the last witness
to contradict it; nor should the books countervail what the gar-
aishelaimself stated.

The REco*DER—I am clearly of opinion that every individual
person who has a share must be jumed in one action.
Mr. BEnNAKD contended. that the bankers were liable to the
directors only.
Mr. Law suggested that the bankers were responsible to the
directors, and to them alone; awl for anything that appeared to
the contrary, they might constitute the Company.
The RECORDER—I am decidedly of opinion that it is impos-
sible the plaintiff upon this record cso recover. The record states
that the defendants are directors of a certain association of per.
sons. calling themselves the thround-rent Cernpany. Is there any
proof that such persons are directors? I see none. Messrs.
Everett and Co. had prospectuses, and when they Issued them
they did not pretend to know who were directors. It is a partner.
ship, and all who constitute the partnership must join in the ac-
tion, if they bring their action against the bankers. I:pon every
lrinciple this attachment cannot be maintained. There are, I beg
eave to say, high authorities which state that ening as a corps.
ratiun is an otrtnee at Common Law. In answer to some ques.
Lions put by the Jury, his Lordship said I am bound to tell you,
in point of law, this money is not the money of the defendants.
Judgment was then given for the garnishees.

On Tneslay morning a woman, named Jane Id'Clellan,
residing at the Darn-side, S.. Cuthbert's.. attempted to commit
sell-murder, by cutting her throat with a 'razor.. She inflicted a
large wound on her throat, and partially divided the windpipe; but
the aid of :gr. Anderson, surgeon, having been prpmptly obtained,
he closed the wound (through which alone she breathed when he
came to her.) and she is likely to recover. The unhappy woman,
it appears, was married only three weeks ago at Gretna Green. and
was most kindly treated by her Ituaband, whose affection, indeed,
was so great, that he supported her, while Nick, out of his hard
labour in the loom. for a period of three months previous to their
wartime. On the morning in question sic got out of bed about
six o'clock. took up a razor, and retired with itinto another apart-
ment, where she in a moment committed the act of desperation.
Derangement was the evident cause, as she subsequently tore off
the bandages. and otherwise acted in so outrageous a manner, that
it was found necessary to put* a strait waistcoat upon
Patriot.

I)AIZING IitIItGLARY.-.4ibOat two O'CIOC1: on Saturday
morning list the house of Mr. Joseph Helmet, of Batley Ash,
near Illarciestielti, was entered through the pariuur.wlndow by two
villains. The thieves then proceeded- to the back pantry, which
must have been familiar to them, and froni which they look, sans
vereinweie, two large carving knives; one they placed on the parlour
table, and the other they laid on the table in the bar. They
emptied a bug which lay by the bar and in it stowed their plunder,
vie., two hams. halt *cheese, 41bs. of butter, and a hand of bacon ;
they were in the net of adding another hand of bacon to their store
when they were disturbed by the landlord and his man, previous to
width they hid been regaling themselvea with ram and water by
die kitclied tire. The landlord hearing a ramie, supposed that it
proceeded train his man, Hamlet. who was to rise early and brew
that der, but smelling the rain, be went into hta servant's room,
and said " Ham. are you in bed ?" " Yea." replied he. " I ant."
His master told him to rise immediately and follow him down stairs,
at some one had broken into the house. Immediately on their
coming down stain, a candle was put our, and the villains retreated
tlimitett the window by which they had got aci.ess to the house
they were followed by the landlord and bra mall ton considerable
distance on the /II whetter road. A desperate sniffle ensued, the
night was dreadfully cold, and mine himt end his man were most
airily equipped, in their shirts only, during the conflict. One of
the robbers threw a bottle of rum. which he had concealed, at Mr..
lialine'e head; it tell between him and his mar. They had now'
nearly succeeded in securing one tit the depredaters. alien he called
Oat to his colleague, " Jeru, thoult not lease me?" and at length
the maraaders effected their escape.—MatekV,Cid !fervid.
MIXING Ix rr Luc. ENCL.—Copper Ores sold at Truro,
January 19, •18tti. 23,13 took—Average produce, 6i.—
Quantity of fine copper, 156 lOW 13 ovit.—ittuoutit of sale
13,1501, 115. La Arcrage standard, 1.:31. 14s.
•

FrpE BIUTISH PittiSS.

BOW-STREET.

A sturdy looking, middle aged etas presented himself yesterday
before Mr. HALL s, the sitting Magistrate at this of ice. and-re-
quested his advice how to act under ctrcumstancrs (se tie alleged)
erf great hardship, Ile was, he sJ' by trade a coach-smith, and
had formerly worked fur seveml of pectable masters in the neigh-
bourhood of Long-acre. His character was at that time unto,.
peachahle, hut in an evil hour he committed a theft, for which ho
was tried and sentenced to, transportation. Ills conduct while un-
der sentence procured hint the good opinion of those under whose
inspection he was placed, and in consequence of a favourable re-
presentation to Government on biaablutif, he received a pardon
long before the exudation of then^ ter which he wan ordered to
be transported. He returned to London fully sensible of the value
of egged character, and at. once set about endeavouring to procure
employment, but he found himself rejected in every quarter.
Theca was a club t'ormed ut the trade of coach-smiths, into wide'
he sought admissi 'n order that he might be placed on the books
to take his turn tore •inent, but the Directots retuned to re-
ceive him on account o lilt " misfortune," and no Mall who was a
member was allowed to inform one who was not ut the society
where employment was to be had, under the pain of a heavy line.
Ile was thus completely deprived of the means of earning all honest
subsistence, and he was wandering about totally destitute.
M. WALLS said he could Neither give him advice nor assistance.
The Magistrates could not interfere with the regulations of the
club he had spoken of, nor could they compel any master to give
hint work.

......
The applicant said his ca.e was an evemely hard one. Ile had
obtained from Mr. Capper, the Govarnment agent for tionvicts, a
certificate stating the grounds of his moduli, and notwithstanding
this he was not only refused employment, lint reproached with his
having been a transport, and, in fact, he was almost hunted like a
wild beast.

Mr. Mat.r.s said that even allowing the case to be a very hard
one, a IflAgistrate had no power to as him.
The Applicant—Well, will you allow me to ask one ques-
tion. Have people the power, or are they authorized, to call
after me even as 1 go along the street, " there goes a convict."
fir. said he would not itrisaer the question. It might
perhaps be hard to exclude a man for ever from society because he
had once been guilty of a crime; but it was
" A wholesome rigour in the main."
The acorn of honest men was one of the punishments of crime, and
perhaps a more effectu.d nite than any which the law could inflict.
The Applicant departed) stating that he should seek another in-
terview with Mr. Capper.