The British Press; or, Morning Literary Advertiser.
London, England, 1818-05-01 00:00:00

LAW IATELLIGANCE.

lOURT OF KING'S BENCH, riuninisTsa,
Wiutdisc AP&IL 29.

MANDAMUS TO THE GOVERNOR AND COMPANY OF
THE DANK OF ENGLAND.
Mr. BROUGHAM mused, th-t Y owandwares qe di-
reeled to the Governor and Company of the Back
of Eliglaud, ordering them to proceed to divide all
the profits accruing to that establishment precious
to the 19th of Mardi last, over and above the ex.
poetises nit:tined in the conduct of its affairs. Hia
application was founded upon the affidavit of a
Proprietor of Bank Stuck, whose statue he did not
state, in which it was sworn, to the best of the De-
relent's belief, there was a considerable balance iu
the hands of the Governor and Company, on which
they had made and declared no dividend. The
Learned Cottie.:l observed, that the object of the
motion was to compel a compliance with the prowl-
sion of the three Acts relating to the Batik of'
England, by which it was enacted that there should
be sio accumulation of revile!.
Lord EtLENBOROUGH asked, in what way it was
sworn that there was a balance iu the hands of the
Governor awl Company ?
Mr. BROUGHAM answered, that as the Directors
would furnish no accounts, and allow 110 inspection
of the books to the Proprietors, it was impossible
for the Deponent to swear decisively to a balance in
the bands of the Governor and Company, hut lie
distinctly stated his belief and conviction. He ate-
, prelieuded that the Court was called upon to inter.
pose summarily, to prevent the infringement of the
law; OW one very learned person had already given
it 111 his opinion, that in this Case a eteedrosine would
lie.
Lord ELLENBORGUGU wished to know if that
opinion were given judicially, or privately?
Mr. BROUGHAM answered, that lie certainly had
nn right to say that it was given otherwise than
pri-
vately ; but be mentioned it as a warrant for himself
in advisinx and making the present application.
Lord ELLENNONOUGH inquired, if at any of the
Quarterly Comas papers had been moved for to
thew the rimed state of the funds in the hands of
the Governor end Company. and refused ?
Mr. BROUGHAM was not aware that there had
been ally such proceeding; hut he contended that
their Lordships, Ulloll all affidavit like that on which
he now moved, would be called upon to grant a
mandamus, even should it appear that a majority of
the Court of Proprietors resisted the production of
the baluster-sheet. If the majority directed whet
was illegal, viz. that a balance should accumulate
in the bends of the Proprietors, the Court would
take care that the Acts of Parliament were com-
plied with. The majority of the Court of Proprie-
tois might proceed to deprive the minority of any
dividend at all ; but, if so, the minority would
have a right to relief by reanrtiug to the Court of
Bauch. It was contrary to the clear word-
ing of the two first of the statute!, that any capital
should accumulate; or, if doubt existed, it would
be removed by the third statute, and by tne by-
laws of the Company itself, If, in the return to
the mandamus, the Governor and Company should
satisfy the Court that there was no balance in their
hands, 110 latelllllo6,loll of capital, there would he
an end of the question ; or if it were ;hewn that a
balance was tieceitsary to the conduct of the affairs
of the Corporation, and that on this account it had
been allowed to remain and accumulate, still it
would remain for the Court to deride, eliether
even that was not contrary to the express provisions
of the statutes.
Lord ELLENROROUGH" If capital, for the ma-
p
nagement and c port of the affairs of the Cotta
pony, bean omitted C4l4', recourse had better be had
to the Legitimate to remedy the defect."
Mr. BituuctiAU urged that, eves+ upon that sup-
position, it would be the duty of the Governor and
Compeny to apply to Parliament : what it had al-
ready said was efeer and unequivocal—that they
shall divide, and s 1•111 not accumulate ciliate! ; and
if au alteration be necessary, the Beek should pre-
vail upon the Legislature to grant them indemnity
for having infringed the Acts already pawed, and
permission fur the future to accumulate capital.
Lord Er.terrataeotion—" 1 think )on way take
a rule to shew

'the Commornoners for iettli g tido the salaries,
for-, at.d etnolunteists of the several Courts of
.Ititttice in England, have made their seronti and
final Report as to the Cotitt or Chancery ; hut it
would eppear they have wet with tonettiaiktt d
dtfli-
culttrs tat tvwertai oo itt g thn-r of the Court of. King's
Witch, as thtt• state at will bv, nearly two month.
b►loue that Report eau be couipltted.