The Sun.
London, England, 1836-03-22 00:00:00

ROLLS COURT--(THIS DA

THE BANE OF ENGLAND V. THE LONDON AND WESTMINSI 15

BANK.
in this case, which was specially appointed for this lere,i_ng
Sir F. Pollock, Mr. Wigram, Mr. Phillimore, and Mr. Bteer"_7
appeared for the Bank of England, and the Attorney-Gen
Sir Wm. Follett, Mr. Pemberton, Mr. Kindersley, lvaind
Sharpe, and Mr. Hayter, were Counsel for the London
Westminster Bank.
Sir FREDERICK POLLOCK s tat te ect
sent application was to obtain tate d
an injhuncth object
ion on behoaflftheef pry"
Bank of England to restrain the defendants, the Direetelt;e9h:if
the London and Westminster Bank from accepting on
of that Company, any bill or bills payable at a less time tlhaoll
six months, or from borrowing, taking up, or owing ie El"g
any sums of money on the bills or notes of the Company pa-do_
able on demand, or at any less time than six months. Ili: tio-d,
plication was made on the ground that the course as ft e
by the defendants was in direct violation of the Actstect:
Parliament by which the Bank of England was constita_
and therefore illegal. The Bank of England was founded_t
the year 1694, by a Charter granted in pursuance of thed7t
of William and Mary, cap. 19. Shortly after that Pe
became apparent that it would be necessary to give We
of
of England protection against the rivalry and interferetice....o
other banks, not for the sake of the Bank of England itse;
but in order to give protection to public credit, which Wagon,
considerable danger in consequence of a number of Pect of
interfering and taking upon themselves to act as the Dario"
England had done, without having capital or sufficient los
to the confidence of the country. Accordingly an c.t was
passed in the Bth and 9th of William 111., by which it
0, _
provided that no other bank, or Corporation in the nature
et;
bank, should be erected or established by Act of PerVar°oe,
within the Kingdom. The next Act was the 60 of as
in
and in that Act, after a repetition of the same word rds
the former Act, were for the first time introduced the With,ll
upon which the present application was founded—" And it s 4,„
not be lawful for any body politic or corporate, erected or
be erected, other than the Company of the Bank of Englalini
in Great Britain, to borrow, owe, or to take up any sereS
money on their bills or notes, at any less time than six monthsa.,
Those words had been repeated in the various • Acts that b;
been passed between the 6th of Anne and the 39th and 4°
of Gee. 111. By the 7th of Geo. IV., certain partnersro,
were permitted to carry on the banking business ; and tu.erd.
came the 3d and 4th of Will. IV. c. 98, the second and t'ibe.
sections of which were material for the consideration of t
Court. That Act gave to the Bank of England certain Vt.
vileges for a limited period, under certain conditions;
tB9tho
also confirmed those privileges which had been given
able
Bank of England by the 7th of George the Fourth,
however to termination, when the Government of the OS,
try. thought proper to interfere, and put an end togae
gain. The second section of that Act provided, in.
note'
of the privileges of the Bank of England, no partnerseTe.
of more than six persons should make any bill or
.1
within 65 miles of London, payable at a less date than the
months. Then the 3d section recited—" That whereas tuof
intention of the Act is, that the Governor and Com Pallet,
the Bank of England should, during the period of the `'ic,
continue to hold and enjoy all the exclusive privileges of h, be
&
ing ; and whereas doubts have arisen as to the extent ot .bto
exclusive privileges; and as it is expedient that those Lim
should be removed, it is declared and enacted, that anYl.-00
politic or corporate, although consisting of more than of
persons, may carry on the trade of banking in London, e
within 65 miles thereof, provided they do not borrow,
or take up in England any sum or sums of money on their
bills or notes, payable on demand, or within six 1,4 fit,
month:
Upon these clauses the question in the case turned. No w•
under the 3d and 4th of William IV., the defendants had
established a Bank, called the " Lonon and Westreit,
Bank ;" and on the 21st of February, 1835, a Bill 01.adnit
change, a Bank of St. Alban's post bill, addressed to the 1443-Ed-
and Westminster Bank was drawn by a person nattleuao of
wards, for the St. Alban's Bank, payable to a gentleln 4;
the name of Robertson, twenty-one days after date, for
this bill was accepted by the London and Westminster 13;1100
and the question was, whether that was not a violatiOnf 00
exclusive privileges granted to the Bank of England 441
6th of Anne and the subsequent Acts. The defendants pied
by their answer that it was a violation, and claimed the eius
to do so. The Learned Counsel proceeded to refer to Or:es
authorities to show that it was a violation of the pri/-1,-.`eoutut
given to the Bank of England, and was addressing the
when our reporter Ht.
The case appears likely to occupy a day or two in 21
the
ment, and seems to excite considerable interest atne°6
bankers of London, many of whom were present.

VICE-CHANCERY.-(THIS DA

The VICE-CHANCELLOR was occupied the whole 111°°it);
with motions of no general public interest.

DUBLIN ELECTION COTIIIVIITTO

(THIS DAY.)

This Committeeresumed met to-his aday at eleve
nn o'support of th e r clock. (10I'
MUSTENrgument iote
tion taken by him yesterday—namely, that the pipe-vrate Act,
is not a Municipal tax within the meaning of the Reform ooie
the non-payment of which would invalidate the votes Me tee.
of the electors who polled in favour of the sitting gelnic-pa,
He showed that this tax could not be considered
inasmuch as it did not extend throughout all the electoral
trict, while it went into parts of the county of Dublin' the
Austen proceeded to sustain his views, by referring to ana
several Acts of Parliament now in force on this questiOn, ,
named the districts of Donore, Thomas Court, and the Libe!
ties of St. Sepulchre, which are within the City of Dubliv,
and yet are not subject to the tax. that
Mr. HanaisoN here interrupted Mr. Austen by saying /of
he had yesterday made statements of law which were not
and statements of fact which were not founded on fact. ado
Mr. AUSTEN-Mr. Harrison has said that I have dare
statements of law, which are not law, and of facts whicl3.o to
not facts. I now call on him, before I proceed, to exPriliwill
the Committee what those are ; until this has been done `
sit down. Friend
Mr. HARRISON—What I said was that my Learned cor
hA oust
e
had made statements which were not warrantedby t
structoin of Acts of Parliament. My Learned Freers
know that I could not mean anything personally diaresn S era
—for his talents I have a very high respect indeed, all ipk he
sure he would not wilfully mistake anything. I onlY th
has been misinstructed on this sub'ect. wbic
Mr. AUSTEN--I would not la downof law jwn a position argil
I did not believe to be tenable!' I would endeavour to „Ile' I
the construction of Acts as would best suit my opiniollg,e so•
would be incapable of misstating a fact, knowing it to
charge
This is not the place to give a proper answer to the efel
made upon me, but I am g
colad Mr. Mr. Harrison has takel tosel
the necessity of again referring to it. The Learned ,laded
then proceeded with his argument, and had not
when our reporter left.

SHIPPING.-(THISDA

(FROM I7LOYD'S.) VliP"
DEAL, MARCH 21. Wind W. S. W.—Arrived tile.os, the
from Lisbon. Arrived from the River and relnalbooo,
Ralph Brunel, Price, from Jamaica ; 11° Stole
from. Valparaiso ; Gratitude, Todd, from New York
lo
Jack, Farrant, from Zante ; Iris, Marchwood,‘from 'fro°
Rover, Toogood, from Baltimore ; Blessing, Furfaridge'
Lisbon • Topaz, Henry, from Barbadoes ; Camilla, .I'. At'
from Oporto ; Selina, Ledstone, from Grand Canary' Pr'
rived and proceeded, the Maria, Collings, for Corfu'garet, Faulkner, for —; Zephyr, Spiers, for Eseter ; St'
Howell, for Falmouth. the
PORTSMOUTH, MARCH 21.—Wind m
James, Sebor, for New York. vir
FALMOUTH, MARCH 20.—Wind S.W. to ‘• Lord : lc,
rived the Theodirick, Vale, from Port-au-Prince ; „jell°
don, 'Wilkinson, from Singapore. Sailed the ,rl;deatis"
Brown, for Sierra Leone ; Mameluke, Mason, for Plies°
GUERNSEY, MARCH 21.—Arrived the Henry, Gunn-
from Rio Janeiro.
JERSEY, MARCH 20.—Arrived the Two Friend'
from Demerara.
BRISTOL, MARCH 20.—Arrived the Falcon, ----jors, -re;
LIVERPOOL, MARCH 20.—Arrived the Lynx, '''''orles„'„
St. Michael's. Off port, the Asia, —, from Ncyr
it
Propriety, —, from Boston, and the Meulon, f3r9
LIVERPOOL, MARCH 20.—A sloop is aground on,
Bank.

r tk°
Harris, &and 0

WORKINGTON, MARCH 19.—The Agnes, ~.hes,
Water of Urr, in going out ran between the Per"
now high and dry in the beach, and must discharge ••••;1
WATERFORD, MARCH 18.—Arrived the Enunalilc.ll2°
from Liverpool, with damage to rudder, bulwarks,
to New York. of this pct
SCARBOROUGN, MARCH 19.—The Wisbyg, and
sailed from Shields 23d January for Limcrielco
since been heard of.

:104 °

The Munificent, from Liverpool to Africa,
Ballycattou. Crew saved.

0, ~ I.o'
ARRIVED AT LIVERPOOL, MAltc 2 t'''ll 0
eer,
The Ruby, Davidson, from Sligo ; Mountain opt
Swansea ; Lynx, Rider, St. Michael's. TWO sbiPs
o'clock.

SAILED, MA RC it 20.
The Chaalotte, ---,NfoerwAfn.ca; Isabella, D• STni,illeertillifor;
Asres ; Colonist, —, South Wales ; Baker,Poto PIOCot-
Alexandria and George T
Mensagero
i Hav Town; Golden Fleece, _io;
_,_4,
land, Hack'staff,
TELEGRAPHED.
at Holyhead
New a nsyn.aolliva;t:
lightp o Fairfield,whb ra
et Clark,teazne, .....pr
oi tiJircaen point,s e 1 u .
Llirab
inwWaridn-dbound, the Asia ; has a pilot. : Out",..Bl;c6b°ll°:3* -
Gypsy. A sloop aground near the Brazil Saw'
On Saturday an in
Horse, Harrow-road,Th 0n....... ,
tioill;
held at the 0 .0,00,
cithueesbtodwy
ofas
Mrs.Hanna,l
i‘ilivehattotioti:
aged 63.
it appeared
deceased, who was a widow, aor'un,a, all,c,likc•
annuity, had,
cideon tna 1
FDr
ieda
at hy . : '
night being dark,she fell in and was drowned. Ter f
by to pass the Re,ent's Lanai,
the order of the Council, thet.oslit.°e'cl-3'oitids
Cambridge Corporation plate, table-lince, Z0(10"
&c., were brought to the hammer,
forks, and pro. 0,
140/. COliiit 1,
The Prussian Government no longer ulsii arseWilt
awnacyess thek formation of companies for the constriYei°oo,o/.
.subscription list has been opened orl the 1428,u
Stettin, and in one day 800,000 rix-dollars, or abou
Or°
sterling were subscribed for a project of tbis kind. loon
heir
. SHEFFIELD FILE TRADE.----The wor ao their
out, no terms having been come to by then'
masters.—Sheffield M ercury.