The Sun.
London, England, 1845-11-26 00:00:00

COMPANY.

An injunction was moved for by the plaintiff to restrain
the Company from trespassing on his land, Mount-field, in
the parish of St. Baptist, Southover, Sussex. The ground
put forward by Mr. Palmer, the plaintiff's counsel, was the
absence of license to the Company to begin the excavations
en the property until the purchase-money be agreed on and
paid, but the eompany rept esented by afidavits that they had
got through three different parties verbal license
from the plaintiff to begin their works, who thought this
would enable the referee better to estimate the damage done
to the property, and had engaged with contractors ; in con-
sequence of wnich they must be put to great inconvenience
and loss by an injunction. The Company, moreover, since
the notice of motion for this injunction, had made offer to
make such a deposit as might be agreed on between the
part lest
His HoNorn refused the motion, with costs, against the
plaintiff. The plaintiff did not appear to him to have shown
any cause for the injunction being granted. The Company's
offer of deposit was again made at bar, and parties ulti-
mately agreed that 1,0001, should be deposited within a
week with the plaintiff's bankers.
The ground in all extends to one rood and two perches.

COURT OF QUEEN'S BENCH, Nov.t). 5._

FOSTER U. THE GOVERNORS AND COMPANY OF THE BANK

OF ENGLAND.

In this case the plaintiff had;PPlied for a rule to compel
the Bank of England to allow her to inspect what she called
the transfer books, in which were certain entries as to the
holders of stock.
The Somerron-GExanAL rose to show cause why the rule
should not be made absolute, and why the plaintiff should
not be at liberty to examine the books of the Governor and
Company of the Bank of England. He was prepared to show
that the books of the Bank were the private property of the
Company ; but there was a class of books to which the plaintiff
had access. The plaintiff claimed 3701. in the Three-and-a-
Half per Cent. Annuities in the Bank of England, and there
was no doubt that her deceased husband was at one time en-
titled to that amount of stock; but the Bank allege that
that stock was transferred, and, therefore, the account was
closed. The plaintiff, however, alleges that she is still entitled
to:this amount of stock, and brought an action against the
Bank, but the Bank assert that the plaintiff d!cl transfer the
stock, and, therefore, they were not liable. The plaintiff made
an application for permission to inspect the Bank books, and
the Bank offered for inspection all the entries contained in
what they called the ledger, which was the only one, they
allege, to which plaintiff had any right of access, and that
book they were still ready to submit to plaintiff's inspection.
However, from the nature of some communications which
had taken place between the parties he (the Solicitor-Ge-
neral) understood that the plaintiff still insisted upon her
right to have access to what she called the transfer-books, and
to inspect them.
Mr. Justice WILLIAMS—Does the book offered to the
plaintiff's inspection contain all the names of the holders of
stock ? _ _ _
•

--- -
The SouctTon-GEnsuAr. said it did, and went on to read
the Act of Parliament, the 20th Geo. 111., c. 16, by which the
Bank were bound to keep certain books, as they were
the agents between the Government and the public
for the transfer and sale of stock, in which certain entries
were to be made, and the Act defined the classes of the
books, amongst which were the ledger or ledgers to which
stockholders had a right of access, and the Bank had always
expressed their readiness to let the plaintiff inspect these
books. That ledger would now be produced, and it would
be proved beyond all doubt that the stock in question was at
one time held by the plaintiff, but that it had been trans-
ferred by her, or by her attorney for her, and that therefore the
account was closed. If they could not prove that, of course
they would be liable to pay the plaintiff the dividends she
claimed; but if they could, then the plaintiff could have no
claim. He (the Solicitor-General) understood that some
claim had been made by the plaintiff to inspect what she
called the transfer-book ; but the Bank was not bound to
keep any such books as transfer books. Transfers were
made by a document ; but it would be extremely inconve-
nient if the public were to claim a right to inspect these
documents. _ _ _ _ _ _ _

Plaintiff's COITSSEL ntended that the rule should be
made absolute, for the offer of the ledger in question for in-
Apection had never been made at all until the application
for the rule had been made. He also cited several cases in
support of his argument.—Judgment deferred.
IN THU 'VATTER OF HENRY HUGH PIKE.
In this case a Learned Counsel applied to the Court fur
permission to allow the applicant, Henry Hugh Pike, to have
his name placed upon the roll of attorneys. The application
was grounded upon a series of affidavits, the first of which,
rather a voiuminoua one, set forth that the applicant had
been a member of the legal profession for nearly twenty-two
years; that he bad also been a reporter; that when he first
entered the legal profession it was as an attorney, and after
having practised in that capacity for some time he then be-
came a member of Gray's Inn, and was called to the bar;
that he had been practising as a barrister for nearly eight
years upon the Home Circuit, and was in very successful
practice, when he was disbarred, for no good or sufficient
reason that he could ever discover, except for some breach of
etiquette or good manners, the precise nature of which be
had never been made aware of; that he believed his expul-
sion had its origin in a degrading combination to drive him
off the Home Circuit, but he denied that the society of
Gray's Inn had any such power as they assumed to them.
selves of expelling a member from such a cause ; that he had
endeavoured to ascertain what his error was, and if in error
would be ready to make any atonement in his power, but
cAuld not succeed; that he had never in the whole course of
his life done anything inconsistent with, or derogatory to, the
honour, character, or integrity of a gentleman ; that the case
had been heard by the fifteen Judges, and that they agreed
to recommend the members of Gray's Inn t• recon,idcr the
case, but they had not done so ; that he had not practised since
he had been disbarred either as a barrister or an attorney,
&c. ; that upon these graunds he now sought to be restored to
ais place as an attorney, &c. The Learned Counsel having
read the affidavits, then contended that with such affidavits
before the Court, lie could not see how their Lordships
would be warranted in refusing the application, unless, in-
deed, the Attorney-General should meet them by other affi-
davits, which he (the Learned Counsel) said he looked
forward to with some anxiety. The applicant, in conc:usion,
said that if his application should be refused, he would be
deprived of the means of earning his bread.
The Arrorawx-GENEttat, rose to oppose the application ;
but _ . _

Lord DENMAN slid, in giving judgment, that the Court
were unanimously of opinion that it was not necessary to
hear any argument in opposition to the application ; it ap-
peared to them s,-) clear that it ought not to be granted, for it
was quite clear that the applicant had been disbarred for
some misconduct, though he had modified it by the name of
some breach of etiquette or good manners. lie (Lord Denman)
had never heard of such a thing as the Society of Gray's Inn dis-
barring a member of the profession without having some
very grave and serious cause for doing so. lie was aware
that the fifteen judges had heard the case—he did not even
hear that they had directed a re-hearing of the case—but ha
was aware that those judges were unanimously of opinion
that the Society of Gray's Inn had come to a very proper
decision in this case. The applicant said that there had
been a conspiracy entered into against him to prevent his
practising upon a certain circuit where he had been somewhat
successful ; but from his (Lord Denman's) recollection of the
case, he should say he did not think there was any founda-
tion for the attacks that the applicant had made upon others,
and his (Lord Denman's) opinion upon the course adopted
by the Members of Gray's Inn had been forme," more upon
the affidavits of the applicant himself; in which he said he
set forth all the circumstances of the case, than from any
other cause, and he believed such was the case in regard to
the opinions of the other judges also. Ile thought it was
only what was due to others to state that fact.
Under those CUM: tarce,, then, he felt ccmpslied
to say that It was merely trAling nilli the
time of the Court to persevere in the application. It might
not, perhaps, be well to punish the party ; but certainly the
Court felt bound to protect their profession. The applicant
appeared to labour under some incapacity to find out what it
was that he had been disbarred for, but the Court were cf
opinion that it was such a matter as should not warrant
them in allowing him to be placed upon the roll of attorneys.
The Court could not be held responsible for the consequences
which the applicant stated would result to himself by this
refusal;branche butof the
theywere
profession, responsibleand th ereffoorr
eit
the
wasro quiteection of all
impos-
sible they could listen to this application.

BA!!. COURT, Nov. 25.
(Sittings in Banco.)
EX PARTE FELL.
Mr. GRALNGER moved for the discharge of Mr. Fell,
a supposed lunatic, who appeared in Court under
writ of habeas corpus, issued on Thursday last. The
Learned Counsel said that he applied for the dis—
charge of the supposed lunatic on the ground of
the insufficiency of the return. Since the granting of the
writ that return had been formally amended, but he sub-
mitted, that any such amendment would be insufficient in