The Sun.
London, England, 1825-10-25 00:00:00

POLICE, INTELLIGENGE.

THE GAME LAWS.
Bow-STREET.—Yesterday information:: under the Game
Laws, were heard before Sir R. Bitextz, against Jar. Pearce,
a respectable looking man, and Mr. Noel Delay ro;a., for un-
lawfully "beating for game," they not being duty qualified to
kill game. The informer in these cases was Alr. John Nicolls,
of Willsden Middlesex, the proprietor of considerable landed
property in that par; of country ; and in suppoi •of the in-
formations, Mr. Joseph Nicolls, the informant's brother, and
Mr. Boyce Coombe, the Chancery Barrister, were called as
witnesses,

The case against Pearce, who is bailiff to Mr. Denew, the
auctioneer, who has an estate in the Harrow-road, was first
called on ; and Mt-. Boyce Coombe deposed, that on the day
mentioned iiithe information he was out upon Mr. Nicolls s
grounds in company with that gentleman's brother, when he
heard a gun go off; and in the next field he saw the detenaant
and Mr. Delacroix together. The smoke arose from between
them, and he could not tell which of them had fired. They
had pointers with them, and were, what is termed in sporting
phraseolegy, " beating up for game." Each of them had a
gun. The witness spoke to them, told them they were upon
trespass, and requiral to know if they were qualified, and de-
manded their certificates. The defendant admitted that he had
not a certificate, and witness obtained his name.

Mr. Joseph .licolls corroborated this statement.

A Solicitor, on behalf of the defendant, submitted an objec-
tion to the intbrrnation, which, however, was overruled.
Sir R. Buts' E asked the defendant if he had any answer to
the charge
The defendant, after some hesitation, said, sturdily, " I
deny it altogether."
Sir R. BIRN lE—Am Ito suppose, then, that Gentlemen of
known character and respectability would come forward and
swear falsely against you ? There is a penalty certainly, but
that could not be an object with such men, and I will venture
to say, that not a farthing of it will be pocketed by either of
them. Money could not be an object with the respectable Gen-
tleman who has laid this information.

Defendant—l don't know that. I know that he cannot, or
does not pay his ponr's rates.
Mr. Nicolls smiled, and sir RICHARD BIRNIE told the
defendant he had better not indulge in observations of that
kind. The penalty was fixed by the Act, and the Magistrate
had no power to mitigate it. The defendant must pay 51. and
costs.

" 0, very well," said the defendant, putting his hand into his
pocket, "I am prepared with the money. lam not at a loss
for 51. it is no object tome though it may be to him."—(Look-
ing towards Mr. J. Nicolls.)
Sir R. BIRNIE—Sir, I will not permit such remarks to be
made, and if you repeat them you and I perhaps may not part
quite so easily.
Defendant—l have a right to speak.
Sir R. BIRNIE—Yes, certainly, but not to be insolent, and
I will not permit-you to be so here.
The defendant paid the tine and costs and retired, not, how-
ever, without throwing something like a glance of anger and
contempt at the gentlemen who had been instrumental in pro-
curing his conviction.
The information against Mr. Delacroix was next proceeded
on, and he having pleaded " Not Guilty," Mr. Combe and
Mr. Joseph Nicolls proved the same facts against him as
in the case of Pearce, with the addition, that when Mr.
Combe spoke to Mr. Delacroix in the field, the latter said—
"o,l am right ;I am known to your master,"—(a laugh)
—meaning Mr. Joseph Nicolls, who was then coming up.--
Mr. Combe asked him if he was qualified, and he said he was.
In this case the defendant's Solicitor contended that the
evidence was at variance with the-information, which charged
i 9 client
h wheithd beingd
kill
athereiti
dweisttitiviyntgeanttateo,
whereas the evidence kill and destroy game,
his
dtat
only went to chew that he was " beating for game."
Sir R. BIRNFE overruled this objection, observing, that
he must take the answer given by the defendant to Mr.
Combe—" am qualified," as a tacit acknowledgement of the
intent with which he was out, and proof of the intent to kill
game, was quite sufficient for this information. Was the de-
fendant of age? •
Defendant.—l am, Sir.

Sir R. BIRNIE—Do you reside at your father's house?
The defendant answered in the affirmative.
Sir R. BIRN lE—ls he of any business or profession ?
Defendant—He is in trade.
Sir R. BIRNIE—That will not do. You must be the son of
an Esquire to be qualified.
Defendant's Solicitor—ln point of property the defendant
ought to be qualified. His father is worth 4,0001. or 5,000/.
a year.
Mr. Boyce Combe—A pretty round income for a perfumer
certainly.
Sir R. BIRN It (significantly )---o, Mr. Combe, 1 know of
other businesses which produce as large, and perhaps larger in-
comes than has been mentioned, and I could name one that
does, but I wont.
Mr. Comb* laughed. He was probably reminded by the

Chief Magistrate's observation of a certain large building in
Castle-street, Long-acre.
Solicitor.—l assure your Worship, that I rather under-rate
Mr. Delacroix's income.
Sir R. BIRNIE.—I haven° doubt of it. sir. I myself know
a perfumer in Bond-street, Mr. Smith. to whom I should be
very glad to give 4,0001. or 5,0001. a year for his property.__
The income of Mr. Delacroix, sen., does not, however, qualify
his son. It is a singular fact, and perhaps li ale known, that
though this young gentleman is the son of a respectable man of
large property, he is not qualified, while the son of a half-pay
Captain—his father; perhaps, in the King's Bench for debt—
would be qualified, and why? because he is the son ofanEsquire.
Mr. Delacroix being asked f he had any answer to give to the
charge, said his father had been going to qualify some years
ago, and he (defendant) thought be had done so, and that he
himself, as the son of a qualified person, had a ritjtt to carry a
gun. " I remember," continued the defendant, addressing
Mr. J. Nicolls, the witness, " that in your uncle's lifetime I
had leave to shoot over the ground, when you dare not spew
your face upon it; and at that time I saw you hunting. over his
ground and could have warned you off myself, but I scorned it ;
and I think your conduct extremely uncourteous and ungentle-
manly to drag me here and make me pay a fine for that which I
suffered you to do when it was in my. power to prevent it. I
repeat that it is acting unlike a gentleman."
Mr. Coombe—Sir, such language is not to be borne by a
gentleman, and I will not stand tamely by and hear it applied
to a friend of mine. Sir R. Birnie cannot, will not suffer it.
It is his duty to put a stop to it, inasmuch as it is highly cal-
culated to lead to a breach of the peace. 1 can tell you, for my-
self, that were I standing within reach I would not listen to
such remarks if applied to me, for one minute, without knock-
ing you down.

-Sir R. MR:llE—Gentlemen, Gentlemen, I must stop you
now certainly.
Defendant—l again repeat that it is exceedingly in:courteous
treatment.

Sir R. BIRNIE—That may have been the case, but with that
part of the story I have nothing to do. You must settle your
opinions upon the question of courtesy and good manners else-
where ; this is not a court of honour. If we were to engage in
settling quarrels between Gentlemen upon such points, and pre-
venting duels, we should never be idle.
Mr. Delacroix—There is no fear of duelling in this case Sir
Richard, for he (looking at 31r. Joseph Nicolis) has shewn a
white feather once already.
No reply was made to this observation.
Sir R. BIRNIE concluded the case by saying, that he did not
choose to state there what his opinion of the Game Laws was,
nor was it necessary that he should. There was an Act of Par-
liament before him and he was bound to proceed upon it. He
considered the charge proved, and the defendant must pay M.
and costs.

The defendant paid the tine and costs immediately, and
Mr. John Nicholls, who, as the informer, was entitled to half
the penalties, requested that his share might be given to " The
Society for Relieving Poor Married- Women in Childbirth at
their own Habitations," of which Institution the Chief Magis-
trate is Treasurer.
JOINT STOCK COMPANIES.

MANstox-HousE.—A Gentleman applied at the Mansion-
house for information in what manner to proceed against one of
the companies which have had their short career in the stock-
market. He had purchased a great number of shares in the
company, the prospectuses of which promised wonderful things;
and believing it to be a really good concern, in consequence not
only of the written assurances of its high respectability but of
the verbal recommendations given by the directors, he intended
to make an investment. A considerable period elapsed, during
which he had employed himself in entertaining the most lively
hopes of success. Finding, however, that the very name of the
company was matter of doubt and curiosity, soon after the " rig"
in the market had terminated, and that the shares were not sale.
able except at a heavy discount, he thought proper to make
some inquiry at the banking-house where the deposits had been
paid. He there received information which induced him to
send the following case to an eminent counsel for his opinion :
" A. B. purchased 100 shares in a company established
under the accompanying prospectus."—(The prospectus enu-
merates the most splendid advantages, and mentions the names
of several directors)—" The directors state their capital to be
200,000/., in 4,000 shares of 501. each. Only one half of so
many shares have been taken up. The company are prose-
cuting their objects upon such small deposits as have already
been paid (21. per share), their deed of settlement is preparing,
and, when approved by the directors, will be required to be
executed by the shareholders, and a further call of 31. per
share will be immediately made; and if the deed is not
executed, and the call paid, the deposit of 21. will be for-
feited. Your opinion is requested whether under the above
circumstances the directors are justified by law in prose-
cuting the objects of the company upon so small a capital,
without the consent of the shareholders; if not, what course
the shareholders should adopt to obtain a return of the de-
posits already paid ?"
Opinion.— " I think that the directors will not be justified in
proceeding to effect the objects of the company until all the
shares have been purchased : and though a bill in equity may
in strictness be necessary, yet Lam inclined to recommend an
action of assumpsit for money had and received, to recover the
money from the persons who now hold the same."
The following case was then submitted :
" Whether, if it should be proved that the company have
not commenced business, the shareholders have not a right to
claim a return of the deposits by an attachment in the Lord
Mayor's Court ?"

Opinion —" I think the shareholders may, if a reasonable
time for disposing of all the shares has elapsed, claim a return
of their deposits ; and supposing the same are in the hands of
persons in the city, they may proceed by attachment."
The gentleman who submitted those qu4stions for the consi-
deration of Counsel, asked whether there was not a more sum-
mary mode of proceeding, by which a man might regain his
property, than that recommended by Counsel, and whether the
Lord Mayor would have any objection to summon the bankers
to account for detaining money to which they had no claim,
and which had been obtained under no other than false pre-
tences by the directors of the company.
Alderman Tit ORP, who sat for the Lord Mayor, said he be-
lieved the directors might be proceeded against for the amount
of the deposits, if it appeared to be improbable that the corn.
parry could proceed in the speculation upon which such praises
had been bestowed : but he did not think the case was one in
which the Chief Magistrate could interfere. He thought, in
fact, the case would be likely to meet with a satisfactory ar-
rangement if left to the opinion and care of Counsel.
The applicant said he had three prospectuses, each of which
contained a change of names in the direction, so that he did not
know upon which to fix as responsible persons. He pressed
very bard ror a summons to the bankers, but the application
was refused ; the Alderman, however, leaving the option to the
gentlemen who in,,tle it to appeal to the Lord Mayor.
Upon a former day a complaint of a somewhat similar nature
was made by a gentleman to the Lord Mayor, against one of
the steam companies, which, if their professed object had been
carried into effect, would have covered the Thames with nothing
but steam. He had purchased shares at a considerable premium
(21. per cent. we believe), under the impression that investment
would be safe and profitable, but his shares dropped down to
make room for the enormous flood of speculations of the same
kind with which the Stock Exchange had been a few months
ago daily inundated. Every body spoke well of the company
for a short time after it became overcast, but at length, the
words " humbug," and " dead robbery," were attached to its
name, and now the sum of Os. a share was offered for what had
cost the applicant 41. The applicant begged to know whether
the bankers, whose experience in humbugs of this kind must
have put them in possession et' the faculty of discovering that
this was nothing else, could not be compelled to give up the de-
posits they had received.
The LORD MAYOR gait:, he did not know what they might
-nett be compelled to do in a court Of law or equity, but he
would say that they ought, without being pressed upon the
subject, to give up the property deposited under such circum-
stances as had been stated.
It was stated that Messrs. Fry and Co. were paying the de-
posits made upon shares in some companies, to which they had
the honour to be bankers, but which it was impossible to induce
on operations. It is to be hoped that this example
followed. Banking-houses should not be confederates
into
willsuchc a
br carry
system of deception.

Lk
tot'
Aunsu;salterdstainye,tiotny
INFAMOUS SWINDLING, Ike.
GUILDHALL.—Jore plt Easton, a journeyman carpenter,
about 40
a widow to whom he professed to be pay-
tahheoucht
ahrigme,of
robLln g
ing his addresses, of a green silk purse containing 14 sovereigns.
The complainant, Marianne Wallis, is a middle-aged widow
years
b°rfoliagg% banefdorhea:\tg. Aalldo.o