The Sun.
London, England, 1809-07-21 00:00:00

but he bad little to say to the Jury in this case, be,
, cause, although it was a criminal prosecuti9p; it
would really resolve itself altogether into a point of
'law, there being but little, in point of faEt, to be
left to their conlderation ; he had only drily to state
What he should as clearly prove, what the: condnd
of these defendants had been on the subjetit. now in
question, and then to leave it to his Lordship to say,
whether they had not, as 'indeed they clearly had,
offended against the A& of Parliament on which
this prosecution was founded. The defendants had
entered On an adventure; which, .be Contended,•
was prohibited by the statute of the Gth Geo; I.
c. 'lB. It was an adventure to carry of a very large
concern in the copper business, for the raising of the
prodigious capital of 100,0001. or :50,0001.- by stib-
scription; and' for making the shares of the 'sub-
scribers transferable. By which it would appear
that every• holder of a sharp -was responsible .for
_nothing more than to the loss of what might fall on
such share by the diminution of - its value as a
transferable property ; whereas each holder of
-such share must be in law responsible for 'all
the engagements of the Company of which he
became a member by either subscribing to, or pur-
chasing a share. This was the very thing which the
legislature intended to prohibit, and did prohibit by
the A6t of Parliament of the Gth of Geo. I. Here lie
entered into a succinet account of the origin of. this
Copper Company on the 30th Sept. 1897, down to
the time of commencing this prosecution.- He read
the prospedus which proposed to open a subscrip-
tion issue 10.01) shares of tool.—Eaeh holder of
to shares to be eligible to the office of a member
of the committee, by whose direction the affairs of
the Company were to be guided, &c. Upon which
fads (none of which were disputed, for the case
came on to be tried upon admissions), he submitted
to his Lordship, that these Defendants had 'done
that which was strictly prohibited by the Mt of Par-
liament of the Gth of Geo. I. ch. 18.

Lord ELLENBOROUP:I-1 asked if there was any ob-
jeaion, for either side, to 'turning this-. question
into a special case, to be argued before the Court
upon a-special verdia.
His Lordship was answered, on both sides--i-there
was not the least object ion whatever' to that cuurse
being taken..

His Lordship then observed, it might as well take
that course, because it would facilitate the parties,
should they be so minded, in going to the last resort
for judgment; not that he had any unwillingnesss,
for he was quite ready to deliver the opinion which
he had formed ,upon this subjeCt ; for he bad
thought upon' it a good deal, and it would be af-
fe6lation for him to say that he had arty doubt
in his own mind upon this case, his attention hav-
ing ;been recently called to the point, in the case
of the King and Dodd ; but, however, if the parties
preferred a special case, it would be premature in him
to deliver an opinion now, when he understood that
he was to be called upon to deliver it among his bre-
thren on the Bench:
Mr. DALLAS obse' that this case, when its fasts
came to be stated in the special verdict, would appear
to differ materially from that of the King and Dodd,
in which shares had been a6tually transferred ; in
this case there was not a single instance of such a
fait.

The ATTonsmy-GENERAL observed, that this
would only go in mitigation of punishment it the case
Were so; • but the formation of the company, and the
resolution to issue transferable shares, would be
equally illegal--to suppress the principle of which
was the purpose tbr which this prosecution was in-
stituted.•-•=4-le trusted the real merits of this question
should be discussed, in order that the judgment of
the Court should be had upon it, and the thin may
be perfectly understood, and set to rest and that the
"go-bye,' should not be given to the read case by
hooking in some John instead of .Win. Thompson,
unless he was controuled by others, whornThe had no
power to dire& ; the case for the prosecution should
be argued on its genuine-merits.
Lord ELLENBOKOUGH said, the case was import-
ant and should be argued on the principle stated by
the Attorney-General. On. which the case was
turned into a special verdift upon all the falls, to be
argued before the Court of King's Bench,

GOODALL AND ANOTHER, V. CODE.
The ATTORNEY-GENERAL. said, that if he might
be allowed the use of a metaphorical expression, the .
Defendants were sick of a disorder, to which, under
his Lordship's recommendation, there had been ap-
plied a lenient remedy; but it had not produced the
etre& expeaed by it, and therefore the parties were
here again. This was an anion for a .Nuisance, of
which the Plaintiffs had to complain. The Plain-
tiffs carried on business on Garlick-hill, where they
succeeded a line of ancestors so long, that they
might almost be now made subjet to the Statute of
6th of Geo. I. referred to in a former cause, for
having transferred shares from partnership to partner-
ship, like a corporation, for a century past ; and
they had been always comfortable until the Defen,
dant had created a Brewery, by the working of
which he sometimes smoaked them out.—This
cause had been here before ; the Special Jury was
not full ; there was an understanding that the nui-
sance should be abated.; therefore, the cause was
not proceeded in ; since which the Defendant had
abated the nuisance—Why then was the cause here?
Because the Defendant had brought it here by pro-
viso, and the Plaintiffs could not help it ; all they
wanted was security that the nuisance should never
again be repeated ; so much were they actuated
by a spirit of moderation that they would, even
now, withdraw •a juror, by which each party
should pay his own costs, upon a proper security
that the nuisanceshould not be repeated ; but the De-
fendant would not be entitled to a verdiel merely
OD account of their havinv abated the nuisance ; for
if it was a nuisance-at the time of bringing the ac-
Con the Plaintiff would be entitled to a verdict even
now, although it is abated.
One of the seven Jurors, who had been upon a
view of the premises, declared, that in his opinion,
and that of his brother Jurors, the working of the
Defendant's brewery would occasionally annoy the
Plaintiffs in their dwelling even now, unless some
further alteration took place,
Upon which it was finally agreed to be referred
to Mr. Roband, who shall say how the Defendant
shall hereafter, from time to time, work his brew-
ery, so as not to annoy the Plaintiffs in their dwel-