The Sun.
London, England, 1829-01-28 00:00:00

FRANKLIN V. TUE BANK OF ENGLAND.

Ali'. Scrgemit BOSANQUET, on behalf of the Bank
of England, resumed his observations. The case
came before the Court under an order of the late
Lord Chancellor Eldon, upon an appeal made to his
from a decision of the late Lord Gifford,
when Muster of the Rolls, upon the question
whether an executor was entitled, under the Act of
the 2d Geo. I. cap. 9, to have a transfer of stock
-specifically bequeathed, unless he had given his as-
scat to the bequest. Lord Gifford had decided the
question in the adirmatke, but Lord Eldon, having
doubts on the subject. had directed a special case
for the consideration of this Court. The Learned
Counsel, after adverting to the various cases cited by
3lr. Alderson when the matter was last before the
Court, proceeded to observe, that under the Act of
2d of Geo. I. cap. 9, stock specifically bequeathed
did not go to the executor, except in default of
an atteqation of the will by two witnesses ; and
that under that Act and the dicta of Learned
Judges since 1800, the Bank of England had
always made the transfer to the devisee, it ap-
pearing., according to such dicta, that they were
not bound to notice trusts, but had only to in-
quire who was the party legally entitled to the
stock. The Court had, then, to consider this ques-
tion—namely, whether an executor was entitled to
maintain an action against the Bank for not permit-
ting a transfer to him, he not baring assented to the
specific bequest.
Mr. ALDF.RSON replied, and enforced his former
arguments,
Lord TENTEDDEN observed, that as the case was
one of very great importance, the Court would take
time to consider of its judgment. The case had
been very well argued; and all the points brought
under the consideration of the Court.

GROOCOCK V. COOPER AND OTHERS.

Sir J. Sc3aLeTT moved for a rule to show cause few days afterwards the informers released the plate,
why the verdict in this case should not be set aside, paying 51. per cent. upon each bundle, and an action
and a new trial had. The action had been brought was immediately commenced for usury. The action
against certain Commissioners of Bankrupt at Nor- was compromised for about 401. and costs ; but he
with, for the imprisonment of the plaintiff under a (Mr. Harmer) thought that the strength of the case
warrant which they had 6stied to compel his at- against the defendants, who had great cause to be
tendance at Norwich as a witness to give evidence dismayed, would prevent any further attempt of the
before them tinder a Conunission of Bankrupt.— kind. Indeed, the extreme to which extortion was
Rule refused.. new carried every day, rendered it incumbent upon
THE RING V. MUMFORD CAMPBELL, ESQ. the trade to join unanimously in opposing every ex-
Sir SCARLRTT (with whom wa-3 Mr. Follett) periment to defraud them.
showed cause against a rule obtained last term by The LORD MAYOR—WeII, I hope the Licensed
Mr. Gurney, for a criminal information against Mr. Victuallers will meet upon this subject.
Mumford Campbell, for assaulting a -clergyman of The average sum paid by the publicans to get over
the name of Eveley, and endeavouring to provoke the difficulty which thus stares them in the face is
him to a breach of the peace. The learned counsel about 151., and the number of cases compromised
observed, that the rule had been obtained upon the must have:put the conspirators in possession of about
affidavit of Mr. Eveley and several other persons 3,5001. We understand that the exposure of this
stating these facts. * Mr. Eveley was the vicar of a Practice has been attended with the effect of putting
parish near Sutton, in Kent, and was on terms of a stop to actions for the recovery of penalties.
friendship with a gentleman (Mr. Espinasse) for- BO W.STREET.
merly at the bar. Mr. Espinasse rented a man- A simple-looking young man, in the garb of
sion and some land of a family of the name of mechanic,- presented himself before Mr. HALLS, to
Egerton. •-Mr. Espinasse had invited Mr. Evelyn request his assistance to recover some furniture, of
to his house, and promised him some sporting ; and which he alleged he had been deprived.
accordingly on the Ist of September Mr. Eve- " Whom do you charge ?" asked the Magistrate.
lyn went out, accompanied by a servant of " Your Worship,' replied the applicant, " the
Mr. Espinasse's, to shoot. He had gone into a young woman I keeps company with, and to whom
rape-field, when Mr. Campblell, who was at some. I was about to be married, borrowed the key of my
distance on horseback, rode up to him, and thinking • door, and carried away all my furniture, that cost
at first that he was a stranger, demanded to see his me upwards of 30/., and left me without a stick in
certificate ; but on recognising Mr. Eveley, he used the world."
some coarse expressions, and then, raising his horse-1 " Well, really," observed the Magistrate," it was
whip, flourished it over Mr. Eveley's head, and, rather too bad to anticipate her conjugal tights, and
putting himself in an attitude as if he was going to have you without a bed to-lie upon ; but what is her
inflict a blow, shook the whip at Mr. Eveley, and pretext for acting in this manner ?"
said, " you, I'll tackle you." These were " Why, you see, your Worship," replied the corn-
the chief fats ;as stated in the affidavits made on the plainant very gravely," she wishes as how we should
part of Mr. Eveley. Mr. Campbell, a gentleman of be married in town, and I ann for a little trip to the
- at artsiinlileh_ VVIIPTP my friends live. and