The Sun.
London, England, 1855-12-21 00:00:00

THE SUN, LONDON, FRIDAY EVENING, DECEMBER 21 1855;

naval. and Military Intelligence.

THE CROSSING OP CHEQUES.

original cost had been 27,800/., and the receipts being at
present ineafficient to meet the current expenses, the
cimmittee would be compelled to close the establishment
if it were not taken by the corporation.
In the discussion that followed, the adoption of the
report was supported by Messrs. Towse, Abraham, T.
H. Fry, and others, who urged that the establishment of
baths and wash-houses would be a great boon to the
poor of the City and its suburbs, that the establishment
in question was advantageously situated for their con-
venience, and that at present the poor had to wash and
dry their clothes in the room in which they ate and
slept. Three or four such institutions were wanted, and
it was disgraceful to the corporation that they had not
been long ago established. The adoption of the report
was opposed by Messrs. Anderton, Co; and De Jersey,
on the ground that the corporation had at present very
heavy and important calls upon their) ; that the institu-
tion would require the expenditure of some 20,0001., be-
sides the purchase money, to rut it into an efficient con-
dition ; that this sum would have to be borrowed ;
and that in the present state of the money market it
would be very impolitic to go loto the money market for
funds wherewith to purchase a bankrupt trading con•
cern situated beyond the limits of the City.
Several other gentlemen addressed the Court, when
the attention of the Lord Mayor was directed t:) the
fact that only one alderman was in attendance, upon
which the proceedings abruptly terminated, without hav-
ing arrived at any decision.

The Queen of the Soeth steam-transport, Capt. Beale,
with detachneente for Malta, went out of Portsmouth
harbour yesterday, but the gale was so severe that she
anchored at Spithead for the night. All communication
with Spithead was nearly stopped yesterday, so severely
did it blow, and the danger flags were up. The Canadian
steam transport went into Portsmouth harbour yesterday
morning to land her invalids, and be paid off out of the
treneport service. The Rhadatnaethus steam-transport
wee t into Pertemouth harbour yesterday from Woolwich
to discharge machinery. The Indiana steam-transport
went into Portsmouth harbour yesterday afternoon to
land invalids, and be paid out of the transport service.
At. suneet la-t evening the gale on the Portsmouth coast
was freshening.
The en, • boats Bustard and B'snterer, having been cop-
perel and inacted, were taken out of Woolwich dock
yesterday morning and received into the basin, to com-
plete their fittings. The riggers are consequently em-
ployed in extra hours, so as to expedite the arrangements
in fitting out for service the accumulating numbers of
this usefol class of vessels, which arrive in rapid succes-
sion in fulfilment of the Government c intracts.
The Deputy-Adjutant General of the Royal Marines
went down to Woolwich yesterday morning unexpect-
edly, for the purpose of a special inspection of the quar-
ters, the gun-battery, and the general departments ap-
pertaining to the barracks, which he went through very
minutely. He likewise visited and approved the site
contemplated for the eractioe of a new hospital adjacent
to the establishment, and, after partaking luncheon with
the commandant, Col. Brown, he proceeded to Chatham.
A detachment of Royal Sappers and Miners from
Woolwich, will arrive this day at Brompton to occupy
a portion of the huts.
Captain Fisher, R.N., is at Rochester for the purpose
of enrolling young men in the Naval Coastguard ser-
vice. Few have at present offered themselves.
120 Lancaster rifles have arrived at Brompton bar-
racks for the use of the Royal Sappers and Miners. They
are destined to carry 1,000 yards, and have a short sword
attached to the barrel, making a very formidable weapon.
The floating battery now being built at Chatham is iu
frame, and she is expected to be complete in every re-
spect for sea by the end of March.
The Chesapeake, 50, in course of construction at Chat-
ham, has a large nuceber of men employed on her till 6
p.m. to hasten her fittings.
Captain G. de Winton de Winton, 99th Regiment,
has an extension of leave from the 23d December to Jan.
23, previous to his being appointed to the staff.
The following appointments were made yesterday at
the Admiralty :
Captain Yelverton, C. 8., to the Brunswick, commis-
sioned ; Captain Henry Lyster, to the Arrogant ;
commander E. Marshall, to the Devastation, commis-
sioned ; W. B. Pearse, paymaster to the Victory ; J.
W. Maddock, paymaster to the Fisgard ; W. Weaser,
to the Waterloo ; W. P. O'Brien to the Impregnable.

The extent to which the view prevails that a
specific erossing of cheques would impart especial
securii:.y renders allusion to it necessary, although the
point was fully decided as recently as February, 1852,
in the impmtant case "Bellamy v. Marjoribanks." In
that instance a cheque on Coutts and Co. for 2,5961. was
remitted to a London solicitor to be paid to the Court
of Chancery, the sender having previously taken the
precaution of crossing it, "Bank of England, for ac-
count of the Accountant-General." The solicitor, in
order to appropriate it to his own use, struck his pen
through this, and wrote the name of "Goslings and
C.)." his own bankers, underneath it. The cheque thus
altered was paid by Messrs. Coutte, and an action was
brought against them by the drawer to recover the
amount. The judges, however, held that an instrument
payable " to bearer " could not be restricted, and a ver-
dict wes given for the defendants. At the same time
the remarks of the Court on that trial were such as for-
cibly to illustrate the discreditable anomalies of the
general question, and to leave no doubt of the absolute
necessity of the passing of a distinct act to prevent the
continual recurrence of litigation and the daily anxiety
experienced by every trader lest it should next be his
own turn to be exposed to lose. There is no doubt
that, under the law as it stands, a cheque purporting to
he drawn to bearer cannot afterwards be made special.
Indeed, without a legislative provision to that effect,
the idea itself would be absurd. Nevertheless, reliance
had been placed on the force of custom, at all events
within certain limits, in giving such validity to theprac-
tice as would warrant a judgment against any one who
shoell change or pay an instrument of this description
without due caution ; and this reliance, which had
previously been almost perfect, and which has now
been dispelled altogether, was greatly shaken by the
result of the verdict in 1852. On that occasion the
illogical distinctions attempted to be drawn were suffi-
cient to indicate that nothing but uncertainty would pre-
vail for the future, and that the public would neither have
the advantage of being informed that they must cease to
attach any value to the system of crossing cheques, or, on
the other hand, that the practice might safely be relied
upon within certain limits. The Court, for instance, pro-
nounced that nothing could restrain the negotiability of
a cheque payable to bearer, and hence that, even if a
custom of regarding a crossing to a special banker as
obligatory could be proved—which in that case it had
not—it would be incapable of being supported in point
of law. At the same time, however, it was clearly seen
that anything tending to sweep away the protection of
crossed chequei altogether would create universal incon-
venience and dismay, and, consequently, after a series
of remarks from the Court on the valuable nature of the
usage in preventing crime and facilitating all the com-
mercial transactions of the kingdom, it was intimated
that, although a crossing to an individual banker would
be legally inoperative, a general crossing such as "
and Company," signifying that it must be paid through
some banker, was not to be disregarded without peril.
It is obvious, however, that the distinction here sought
as a kind of compromise rested upon an impalpable
basis, and that if, apart from all question of custom, the
negotiability of a cheque cannot be restricted, the law
must apply with just the same force whether the endea-
vour be made with regard to one individual banker or
the small body of individuals comprised in the entire list
of bankers. From that moment, therefore, it was plain
that nothing could be depended upon in the matter, and
that in every future case it would b. e 'completely a point
of chance as to whether the weight for the moment
would be on the side of "law" or custom." Even,
hoieever, if this general state of doubt had not been
created, and the validity of the crossing arid
C impany " bad been left unquestioned, the public would
have been in no better position. 0 wing to the facilities
afforded by the j pint stock banks, and their small
branches, no person in London of the slightest acuteness
can have any difficulty in passing a cheque through some
bank, if it be left open to bins to choose any that may be
convenient. It is true that these facilities are to be re-
garded with satisfaction, but they completely alter the
state of affairs that prevailed when banking accommoda-
tion was limited. A special crossing would, therefore,
under any circumstances afford the only protection, and
after the recent intimation of Lord Campbell it is useless
to calculate upon any remedy, except the rational one of
introducing a measure to secure, beyond controversy,
those advantages which it was hitherto hoped had been
secured by cu-tom, and which all admit to be inestimable.
—Times' City Article.

On Tuesday, 28 men of the Wicklow Rifles volun-
teered into the Royal Artillery. They were all fine
active young men, and were at once attestel.
The following draughts are under orders ter Malta
and the Crimea, from the Limerick district!--9th Regi-
ment, 3 subalterns, 2 serjeants, 1 drummer, and 95 rank
and file ; 17th Regiment-4 subalterns, 2 serjeants, 1
drummer, and 35 rank and file ; 39th Regiment-1 Cap-
fain, 2 subalterns, 1 serjeant, 54 rank and fi'e.
Colonel Crutchley, the Commandant of the Provisional
Depot Battalion at Parsonstown, has received an order
to get in readiness another draught, who are to proceed
immediately to Malta. The draught is to consist of 11
officer-, 3 serjeants, and 137 rank and file. The foll,w-
ing are the officers who are under orders to aceompany
the draught, viz.:-21st Fusiliers Major Boldero ;
Lie,otanants Stephens, Cr,ssiman, Connell, and Sher-
wood. 57th Regiment—Ensigns Houghton, Sewell,
Einly, and Waller. 63d Regiment—Ensigns Gordon
and Sproule.
The Exeter Association for the Relief of the Wives
and Children of Soldiers serving in the Est have just
issued their first statement. Since June, 1854, they
have received 1681. 12, ad., of which 1631. le. 10d. has
been expended, leaving a balance in hand of 51. 10a.
The number of soldiers' wives relieved was 25, and the
number now receiving relief is 7. The association is at
present in wa-t of funds.