The Sun.
London, England, 1858-06-21 00:00:00

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r _ !GOND QN .3151N,11 V _ .F44,

can it be needed. The Spanish Court has but to
understand that we mean to be trifled with no
longer ; that " passive resistance," the most
awkward resistance, as Lord MALIIESZURY
said, of all to overcome, may yet be over-
come by active measures, and we quite
expect that the Cuban slave-trade would cease at
once, that our African squadron would cost us
but a comparative trifle, that half our misunder-
standings with America would be rectified, and
that we should at length obtain what we have pur-
chased with half-a-million of money. Lord
MALMESBURY understands how to deal with pas-
sive resistance at Naples ; we must leave it to
him to deal with it as effectively at Madrid. If
he do, his name will not be forgotten in English
History.

The bill recently introduced by the Attorney-
General, relative to crossed cheques, has excited
considerable sensation in the City. Some pro-
vision which would render the crossing a specific
direction that the document should only be paid
through the particular bank named therein, or
through some bank where there were merely the
transverse lines and the words " and Co." inserted,
had long been called fur by the commercial com-
munity. Notwithstanding the time that the
practice has existed until it became a recognised
custom, much doubt existed until recently as to
the legal effect and operation thereof.
BELLAMY v. MARJORIEANIES was the leading
case on the subject, in which the defendants, the
celebrated banking establishment of Messrs.
Corns and Co., were sought to be made respon-
sible for a large sum of money, the amount of a
cheque specially crossed to the Bank of England,
but paid to a private bank, whose business name
had been substituted for the Bank of England.
A verdict was in the first instance found for the
plaintiff, which was subsequently set aside by the
full court, and judgment was eventually given for
the defendant. The principle that such a cheque
should be paid only through a bank was
recognised in the judgment, considering it " a rea-
sonable and lawful practice and usage, in order
to secure as far as possible payment of cheques
to honest and Long fide holders." They refused
to carry it farther, or to require that it should
be paid only to one particular bank.

The case of CARLON V. IRZLAND followed. The
defendant there was not the banker by whom the
cheque was payable. He had cashed a cheque
specially crossed for a clerk of the plaintiff's, who
had been entrusted with it to pay it in to the
plaintiff's credit, but had misappropriated it.
He was well known to the defendant, who enter-
tained no doubt as to his being authorised to
obtain the proceeds. In this case also the action
failed, and the defendant was exonerated.
Such was the state of the law when Mr.
APSLZY PELLATT introduced a measure which ob-
tained the legislative sanction, by which it was
enacted (19th and 20th Vie., c. 25), that "in
every case when a draft on any banker made pay-
able to bearer or to order on demand, bears across
its face an addition in written or stamped letters
of the name of any banker, or of the words "and
Company," in full or abbreviated, either of such
additions shall have the force of a direction to the
bankers upon whom such draft is made, that the
same is to be paid only to or through some
bankers, and the same shall be payable only to or
through some banker." Even this, however,
turned out a failure. In SIMMONS V. TAYLOR the
question was raised. The plaintiff drew a cheque
on the London Joint-Stock Bank, and crossed it
with two transverse lines and the words " Co.;"
the cheque fell into dishonest bands, the lines and
words "Jt Co." were carefully removed, and in
that state the cheque was presented and paid.
There was no appearance whatsoever of the
crossing at the time the cheque was paid, and the
decision was again in favour of the defendant,
notwithstanding that the act above referred to was
relied on.

Such is the present state of the law. It has
occasioned considerable uneasiness in mercantile
circles, and many representations have been
made urging the necessity for some more strin-
gent enactments. The Attorney-General, recog-
nising the propriety and justice of these demands,

as introduced a measure on the subject, which is
now hefore the House, and which, with some trifling
modifications, will effectually protect the drawers
and holders of crossed cheques from any loss, but
it renders the banks responsible, and hence has
created great excitement amongst that important
class of the community.

Mr. NV. MCKEWAY, the general manager of the
London and County Bank, who has necessarily
had much experience in banking affairs, after an
1 interesting account of the mode in which
the custom sprung up and obtained the force of
law, sums up very forcibly the objections
felt by the banking community to the contem-
plated measure. They are as follows :
" 1. That the banker has at present cast upon Lim
by law a heavy responsibility, under which no ordinary
vigilance or care will guard him from frequent 'wises.
They are—lst. Forgery of endorsements on bills of ex-
change ; in these cases the signatures of the in-
dorsers cannot possibly in one instance out of a thou-
sand be known to the banker. A few years since a
London hanker was compelled to lose several thousand
pounds in consequence of having paid a bill accepted
by an insurance company, the forged endorsements
actually existing on the bill at the time it was
accepted by the company, whose agent was the
defrauder. 2. Forged cheques and acceptances : The
recent conviction of a gang of forgers, who bad successfully
for many years carried on their practices, revealed that
these men had organised a scheme of a most perfect
character, and wet e able to reproduce signatures so per-
fect in their imitation of the originals, tbatit became im-
possible to detect the fraud until after it had been suc-
cessfully perpetrated.
"In a case in which this bank was defrauded by a
series of forged cheques uttered by the clerk of a cus•
tomer, the execution of the forgeries was!so good that
the customer himself did not on the first examination
of his paid cheques, detect them all.
"The proposed bill is unjust., as it will not only re-
lieve let, the customer of the bank from his fair share
of responsibility and risk of loss arising from the dis•
1 honesty of his own, or the public servants of the Post-
office service ; but, 2nd, will also relieve from the like
responsibility and risk persons with whom the banker,
as drawee of a cheque, has DU connection : it is tar from
being an improbable occurrence that a cheque shall be
issued uncrossed, be crossed with arid Co.' by a subse-
quent after passing through several bands,
thet,e tii
sUblje:C' dtainif' a collusive fraud on the banker. It
will tend to generate on the part of the bol sera of crossed
cheques a want of care and caution in guarding these
documents.
_ .

"The examination of the crossiog on cheques at the
cl vi ill be very difficult, and frequently quite
impracticable ; the grew eat delivery of cheques for pay-
I went through the o!earing.bouse takes place between
half-past three ace' four t,'clock, and after the latter hour
no more are received, three-quarters of an hour on ordi-
nary dap, and one hour on stock settling days aro al-
lowed for the banker to examine signatures and ac-
counts, and make his entries before payment or re-
turn of sun cheques as are unpaid, and it it not an ma-
rl, picot occurrence fur one tanker to have to pay from
2,000 to 3,000 cheques on a settling day, and a propor-
tionate number tan ordinary occasions—an exawivation of
cro:isings, which must be made within the clearing,
house, and before any entry or oth•-r x inoinatiun le
ina-,e, becomes imposible within the allotted term.
The above may be taken as the oase of the
bankers against the bill nowpepuredpinagre.d7
may,
uch
however, be said on the other side. By issuing
cross-
inghe
cheqcoueusldolinPoat bpere, chemically
got rid of. There might be a
very trifling expense in so doing ; but surely
that could not be weighed against the security
and convenience that would follow. And, if
essential, the cost might be added to that of the
stamp, which is now invariably charged to the
customer. Tho trifling charge would willingly be
paid by the customer. We trust that the provi-

sions so urgently called for will be carried into
effect, and perfect security given to the trading
and commercial classes against the terious losses
to which they are now exposed.

HER M A.TES I Y'S VISIT TOBIRMINGHAM.

The following letter has been received from Mr.
Secretary Walpole :
This letter was read at a special meeting of the
T.wn Council ou Friday, and was received with
much applause. _ _

" Whitehall, June 17.
"Sir,—lt is my pleasing duty to inform you that I
have received the Queen's commands to signify to you
her Majesty's entire approval of the arrangements which
were made on the occasion of her Majesty's recent visit
to the borough of Birmingham, and further to express to
you the sincere gratification which her Majesty derived
from the universal loyalty as well as the admirable and
orderly behaviour of the large number of her faithful
people whom her Majesty rej)iced to see present.—l
am, sir, your obedient servant,
" The Mayor of Birmingham."

"S. H. W. WALPOLE.

Whilst her Majesty was at Aston-hall on Tues-
day a gold m.A.lal was presented to her. The ob-
verse contained a view of Aston-hall, cut with
much skill, care, and delicacy of elaboration, with
inscriptions recording the dates of the commence-
ment and completion of the building, and ils pur-
chase by the people of Birmingham. On the centre
of the reverse is a profile of the Queen, neatly
modelled and surrounded by a wreath composed of
kt, and the thistle, intertwined
with
the other national emblems,
displaying oaklaoysei gtlheaegvsrehe' ainolat acid
ilicacy of manipulation. To
these are added inscriptions, setting foal' the date
and occasion of the royal visit to the town. This
work of art was executed by Mr. Joseph Moore.
The one presented to her Majesty was a very beau-
tiful specimen, and her Majesty accepted it with
marked pleasure.

MINISTERIAL AND POLITICAL MOVE-

MEETS.

The Earl of Derby has been obliged, from an obsti-
nate attack of the gout, to absent himself from atten-
dance in the House of Lords during last week. The
noble earl is, rather better, and no doubt in a few days
will be able to resume the more active duties of his
office.

The Rtil of Malmesbury entertained a distinguished
circle at dinner, last Saturday evening, at his residence
iu Whitehall Gardens.

Sir John and Lady Pakington entertained Lord
Stanley and a select circle at dinner on Saturday even-
ing at the right hon. baronet's official residence at the
Admiralty.

The Marquis of Salisbury, as Lord President of the
Council, bad a conversazione last Saturday evening at
the South Kensington Museum. The Marchioness of
Salisbury came to town Expressly to assist in the recep•
Lion of visitors. Above 1,000 of the leading merubers of
the nobility, and the chief members cf the various lite-
rary and scientific institutions of the metropolis were
invited.
Viscount and Viscountess Palmerston had a large
circle of friends to dinner on Saturday evening, at Cam-
bridge House, Piccadilly. Lady Palmerston, after
dinner, had a reception, at which a very numerous circle
assembled.

The Duchess of Cambridge, the Hereditary Grand
Ducliess of Mecklenburgh Strelitz, and the Princess
Mary honoured the Earl and Countess of Jersey by their
company at dinner last Saturday evening, at their man-
coin in Berkeley-square. A distinguished circle had the
honour to be invited to meet the royal guests. The
countess had a large assembly iu compliment to the
royal visitors.

The select committee appointed by the House of
Lords to inquire into the present system of proceedings
in Parliament on ?.rivate bills, and to consider whether
any improvement can be effected to regulate and facili-
tate such legislation, and diminish its expense, consists
of the following peers :—The Duke of Somerset, the
Duke of Newcastle, Duke of Buccleucb, Duke of
Montrose, Earls Stanhope, Romney, Powis, Grey,
Granville, Lords Donoughmore, Eversley, Wodehouse,
Redesdale, Portman, Stanl,y of Alderley, Belper, and
the Marquis of Clanricarde. The committee meet on
Thursday next to appoint their chairman.

A Cabinet Council was held at two o'cleck on Satur-
day at the private residence of the Earl of Derby, who
was prevented by indisposition from proceeding to join
his colleagues in Downing-.treat. Besides the noble earl
the following Ministers were present :—The Right Hon.
B. Disraeli, the Lord Chancellor, the Marquis of Salis-
bury, the Earl of Hardwicke, Mr. Secretary Walpole,
The Earl of Malunesbury, the Right Hon. Sir E. B.
Lytton, the Right Hon. General Peel, tke Right Hon.
Sir J. Pakington, Lord Stanley, the Right Hon. J.
Henley, and Lord J. Manners.
THE ICING OF THE BELGIANS.—His Majesty the King
of the B-Igians, accompanied by the Duke and Duchess
of Brabant, Count of Flandres and suite, yesterday left
the royal station at the Bricklayers' Arms, at 11 a.m.,
by special train, and arrived at St. Leonards, by the
South Eastern Railway, at one p.m. Afier staying four
boor:', the royal party returned to London by a special
train, witch left St. Leonards for the Bricklayers' Arms
ac five p.m. The royal train was in charge of Mr. C.
W. Ehorall, the general manager of the South-Eastern
Railway, and Mr. J. P. Knight the superintendent.
At Drur.!, -lane, Mr. E. T. Smith continues to develops
his scheme of giving the highest operatic talent at the
lowest prices ; and on Wednesday, in Belltni's " I
Puritani," Madame Persiani will appear, for the first
time on this stage, in her celebrated character of Elvira.
On each evening there will be a change of opera to
enable the full powers of the company to be displayed.
At the Princess's, the new and splendid revival of
" The Merchant of Venice" will be represented every
evening during the week.
HavuaßkEr.—Mr. Bucketone closes his theatre on

the 7th Ju;y, after an uninterrupted series of perform-
ances over 500 nights. The interval between the closure
and the opening, which will take place at the end of
September, will be employed in renovating and re-de-
coratieg the therstre. We understand that the Hay-
mArket company proceed, with Mr. Buckstone, to Man-
chester, where they commence a short season, on the
11th July.
Mr, George Turpin, the respected box book-keeper to
the Haymarket, announces his annual benefit for Wed-
❑esday, the 231 of June, with " A Comical Countess,"
in which Miss Talbw6 has kindly consented to appear in
her original character ; "An Unequal Match," a
Striking Widow," in which Mr. Buckstone, Mr. W.
Farren, and Mrs. Buckingham White will appear ; and
the popular ballet of " Jack's Return from Canton," by
Mr. Arthur Leclercq, Mr. Charles Leclercq, and Miss
Louisa Lec'ercq. Mr. Turpin will, no doubt, have a
bumper, for he richly deserves it.
OLTUPIC.—We regret to learn that, owing to serious
ill heal,h, that gentlemanly and proini:ing young actor,
Mr. Walter Gordon, who during the present season at
this theatre has been making such notable and excel•
lent progress in his profession and in public favour, has
been obliged to retire, for a period, from the stage. The
comedy of " Going to the Bad," followed by "A
Cabinet Question" will be played for the next six
nights.

The Adelphi cimpany commence a visit of eleven
nights to the Sadl:rs Wells Theatre this evening. The
pieces during the week will be "The Green Bushes,"
and " Oor French Lady's Maid."
THE OLD ADELPHI.—The scenery, machinery, and all
the moveable contents of the Old Adelphi, having been
removed, the work of demolition commenced on Thurs-
day last, and has been since carried on with amazing
vigour. Iu a few days the building will be completely
Swept away, and the erection of the sew house com-
menced. Mr. Webster and Mr. Wyatt, the architect, are
emifident of the house being completed and ready to
open by the let of October.
The Surrey Theatre will be enlivened for the next
six nights by the presence of Mr. and Mrs. Barney
‘Villiams, in the popular pieces of "Ireland as it Was,"
" Our Gal," and " Barney, the Baron."
ASTLEICEI—Mr, William Cooke's benefit, under the
distinguished patronage of his Grace the Duke of Wel-
lington, t ,ok place on Thursday evening. There was a
brilliant assemblage of rank and fashion, which must
have been 1,4;1.4 gratifying to the worthy manager.
The entertainments were of the highest order, and
seemed to give perfect satisfaction. We perceive that
the theatre closes for the season on the 26th inst., for
the purpose of being redecorated, and having extensive
alterations made.

The management of the Strand perform Dance's new
comedy of " Marriage a Lottery," this evening, and
during the week, with "The Bride of Abydos" and " My
Wife's Seoot:d Floor."

SOMETHING OUT OF TUNE.—It is said that Professor
Sterndale Bennett Iris seceded from h;s position in the
R vat Academy of Music—and further, that he has re-
quested that his name may be withdrawn from the list
e f honorary associates.
ROYAL POLYTECHNIC INSTITUTION.—That, very large
portion of the public who for several years past has teen
accustomed to be instructed and amused by Mr. Pepper,
will bear with regret that the connection of that gen-
tleman with the Polytechnic, as sole lessee and pro-
fes,or of chemistry, will cease on the 24th. This day,
to-morrow, and NVednesday have been devoted to the
purpse of giving this most useful servant, pre
vines to his retirement from the scene of his
arduous labours, the first complimentary benefit which
he has taken since Lis connec*Ltn with the institution.
OA the days which we have mentioned, Mr. Pepper will
thliver sonic of Lie molt popular lectures. Mr. Albert
Smith will ale") cm,tribute something to the entertain•
inente, as well as Mr. henry Leslie and his vocal thoir.
This evening there will be the exhibition of the cos-
meramic anti st;:ret scopic pictures. Mr. Horne's mus:-
cal entertainment, the national music of England in the
sixteenth and seventeenth centuriee, the continental
trip, and other attractions. To-morrow evening the
coloured opera tr-upe will give their last very excellent
performance at the Polytechnic. On Wednesday even-
ing the illu,trations of the Rebellion in India will be
give,, a concert by H. Leslie's choir, some of the finest
madrigals being included tu the programme ; and Mr. A.
Sa.ith will sing his song of "Brown on his Travels ;"
aster which Mr. Pepper will take leave of his audience,
and his o!Li friends end supporters. We sincerely trust
that the epportunity afforded by these farewe'l perfor-
mances of showing respect fora talented, zealous, and
indefatigable contributor to the general stock of useful
information and iunccent recreation will be taken ad-
vantage of,