The Sun.
London, England, 1806-07-02 00:00:00

LoilD MELPILLE,

ExTrtAct front the REPORT of Me CommTrut ap-
pointed to inspea the Journals of the House of
Lords, in relation to their Prdceedings upon the
Impeachment of lIENRY Viscount MELVILLE.
Die lklartzs, 3 JunU, mg,
'oved) That the following question be put to the
• •
Judge 4, vi±. •
t. That in case a Public' Accountant had received from the
King a warrant, specifying siinely, that he was first to receive
the public money ; secondly, to pay the same to payees duly
authorised to receive the same; and thirdly, to account to the
public for the monies by such A,couniant,so received and
paia ;,and in'ease such Accountant had been hick-led (in
words Of sufficient legal import) for applying-a sum of pub-
lic mbney which had been received 'by
,him, to some 'other
!adipose than, those purposes to; which alone' the same was
lawfully applicable; and in case it had been proven on the
,trial, that the Defendant- had not revealed 'the purpose to
which such-sum of public money had been applied' br him ;
and, in case also the Defendant had, been found guilty, whe- 1
ther, in such- case; judgment ought or ought not to be ar-
rested ?

And a debate arising thereupon, the same was ad=
journed to Thursday next. •
' Then it was moved, That the following question
be put to the Judges, viz. ' '•'
. .
2. Supposin4 the case, that the warrant from the King had
been a permissive, warrant, all Owing the, Public Accountant
to. Oceive tees and other perquisites, over mictabrive•the salary
of his public office, whether, in such case, judgment ought
Of Ought sotto be arrested ?
And a debate ariSitio`' thereupon; -the -same was •
adjourned to Thursday next. •
Then it was moved, that the following question
be put to the Judges; viz.
3. Supposing- the; case, •• that a warrant from the King had
been a warrant, in w hichsome specific and fixed salary for the
Public Accountant was specified" fur and in satisfaCtion ofall
wages and fees of office ;" supposing first, that the. Act of 25th
year. of iris present 'Majesty, chap. 31, had not passed : and
/supposing, secondly; that the said. AEt of Parliament had
passed into a law, wnerlier, in suelt,case, judgment ought or
ought not to be arrested •
.. •
Ana .a, debate arisito thereupon, the Sallie was
ad-
journedto Thursday next.
• Then it was moved, that thefollowing question be
put to the Judges, . •
• 4... Whether monies issued from the Exchequer to the G 0... •
'.vernOr and Comp,iny'of the flank of England,,on account of
the Treasurer of His' Majesty's Navy, pursuant to the Ad
25 Ceo. 111, cap. 31, may be lawfully drawn from the said
liank;. by .the.person duly authorised by the Treasurer-to
draw upon thellank accordimr to the said Ad, 'the drafts of
such person being made for the purpose of discharging bills
admit) y assigned upon the Treasurer before the date of such
drafrs;•but nut aetattily presented for payment before such
drawing, and whether such monies sqdrawn for such purL•
pose May be lawfully lodged and deposited in the hands of a
Banker, other than the Bank, until the payment Of such as_
sighed bills, and torthe purpose of makitig. payment thereof
when the payment thereof. shall be demanded, of whiter
.suell Act, in sollravviik; such mimics, and lodging and depo-
siting the same as aforesaid, is, in the law, .ricrime or. an of-
termer • - •
• The same was agreed to,' and the:said question
was accordingly. put to the Judges;.. and the Judges
de-lring time to consider the said question : ordered,
'.Chat ,the Judges to attend to deliver their-opinion
,
upon tne•said question, on Thursday next. '
Then it was moved, that the following questiiin
be put to the Judges, viz.,
tvbetacr-Monies issued. from the Exchequer to the Bank
of EnJand, on account of the Treasurer of the Navy, put--
Want to the Ad '25 Geo. 111. cap. 31, may be lawlully
drawn therefrom, by drafts drawn in the name and on the
behalf of the said Treasurer, in the Corm prescribed in the
said Aet, for the purpose of such, monies being ultimately
applied to Navy Services, but in the Mean time and until the
' Same should be required to be so
,applied, for the purpose of
being depositedidn the hands of a private • banker, or other
private depository of such monies, in the name, and under
' the immediate sole controul and disposition of some other
Berson or persons than the said l'teasurer himself ? •
The same was- agreed. to; and the • said. question
was•accordingly put-to the -Judges ; and the Judges
•
deSirino- time to conSider.the said-question;- ordered;
• •
-That the.Judges'do attend, to 'deliver their opinions
upon the said question; on Thurgday next. . .
• 7 Die Jouis, 5 Jinn ~,1806.
The Order; of the Day' being read, for the Judges
to deliver-tOltopinions, upon the two questions put
to thein'ontilesday" last, • .
The'Lord Chief Jtistice. of the.Conrt of Common
Pleas delivered the unanimous opinion of-the Judges
upon" the-first question : '
That'aidnieks issued from the Exchequer to the Governor
and -c„„ompanrof the • Bank' of •
,England,, on' account of the
.I.rezifurer.of his Ma iesty"s Navy, pursuant to the Act as Geo,.
IT 1. Cap. 31. 1714 be hrujulLt, tiv.rwil from the said bank, by'
'the person -duly authorized by the, Treasurer to draw upon-
tholianks_accor'ling to the said Act, the drafts of such person
being made tbr the purpose of discharging bills actually as,s,
Signed upon- the Treasurer before the dates Of such drafts,
but not actually presented for pay intt.nt before such driwing' ;
and that such monies So drawn 'for-gsuch purpose, may be
lawfully tetiged add deposited )11 the hahtts of a Banker, other
than the Governor and Company of the Bafik, until the pay-
ment of such assigned bills,. and fur the purpose of making
payment thereorwheff the payment thereof shall be demand-
ed ; and that such ad in su drawing'stach monies, ancl-lodg-
ing and depositing the saine.as.afotesaid, is not in the Law a
crime or offence; " .
And gave his reasons.
Upon the second ques"tion : •
" 11 by the expression, ' for the purpose of being deposited
in the hands of a private banker, or other private depository ;'
is to be uoderstood that ouch was, the object or reason of
drawing the money out of .the Bank of England, the judges
answer, that monies may not law fully be drawn out of the.
Bank of England by the Treasurer ot the'Navy for such pur-
pose, although the money be intended to.be,.and may in fad
be,' ultimately applied to Navy Services. But it, by that
expression, it sit to be understood that such intermediate de-
posit in the hands Oa private banker or depository is made,.
bona fide, as the means, or supposed means, of more conve-
nieritly applying the-money to Navy Services, in that case
the judges answer, That monies issued from the Exchequer
to the Bank of England on account of the Treasurer of the.
Navy, pursuant to the Act of the 25th Geo.
.111. g. 31. may
be lawfully drawn therefrom, by drafts drawn in the name
and on the behalf of the Treasurer, in the form prescribed
by the said Ad, tbr the purpose of such monies being ulti-
mately applied to Navy Services, although in time mean time,
and until the same shall be required to be so. applied, the
money may be deposited in the hands, of a private banker, or
other private depository of such ninnies, in the name and tin-
der the immediate sole controul and disposition of some other
persons than Ole Treasurer himself ;"
and gave his reasons.
Th&Order of the Day being read for resuming
the adjourned Debate on the , questions proposed to
be put .to the Judges on Tuesday last, several
Amendments were made thereto, which, with the
original questions, were negatived.-
Die Veneris, 6 Junii,lBo6.
Proposed; That the following questions be put to
the Judges :
Whether it was lawful for the Treasurer of the Navy, he.
fore. the passing of the Act of 25 Gco. I 11. c '5l, anti more
especially when, by warrant of His Majesty, his salary as
such Treasurer as aforesaid was augmented in full %atistac.
tion for all wages, fees, and other profits and emoluments,
to apply any sum of money impressed to him for Navy Ser-
vices,. to any other use whatsoever, public or private, with-
Out express authority for so doing ; and' whether such ap-
plication by such Treasurer would have been a.mir:dernea-
nor,or, 'punishable by•Mformation or in:ham:on ?
The same was agreed to ; and ordered accordingly.
Ordered, That the Judges do -attend this House
on Monday next, in order to.deliyer their opinions_
upon the said question.

Die LUl2ce, 9 Janzi 180 G.
Order Qf tlit: Day being ze34l, for the Judges

1-6 .tie-liver their Opinions npoti the jiltiestion to
them on Friday last
The Lord Chief Justke of t.'.e Co f
Pleas delivered the utnaniniou,pni.)n o the Jud,d;
upon the said question :, .
" That it was not unlawful for the treasnier of the'llar'yi,
before the At 2:4 Geo. C. 31. although atter the watr..nt
stilted in the q test ion, to apply any sum
imp‘te,,ed
to.him for Navy Services, to other uses, public t,r
without express authority for so doing, so as to consrai.ute Ot)
misdemeanor, 'punishable by.iitiw-mation or inctranktit ;
and gave lug reasons.