Star.
London, England, 1824-11-30 00:00:00

Compter, and got out of the country, and the plaintiff
never communicated the disclosure made to him by his
brother until after the escape was effected. The com-
munication was made to him ~n the sth of March, but
it was not until the 90th of September that he made it
known to the Bank. These were the facts. The first
count stated that ten thousand pounds belonging to the
plaintiff had been transferred by the defendants, con-
trary to their duty ; and the third count was like the
first, excepting that it included the transfer of £75,
being part of £l7B Long Annuities. Thesecond count
stated, the plaintiff had not authorised any person to
transfer the stock in his name, and the fourth count was
the same as the second, only with the difference that
it denied all knowledge, on `the part of the plaintiff, of
the transfer. The first question for the Court to decide
was. x hether the plaintiff's stock had been transferred ?
The Court thought that the plaintiff's stock had not been
transferred, and that he was entitled to the dividends
thereon. He could not, therefore, have a verdict on
'he first and third counts. The stock in which this
property was vested was perpetual, and was formed by
loans made to the State. Before stock could be trans-
ferred, the consent of the owner must be obtained in
writing. A forged indorsement on a bill of exchange
gave no interest in the bill ; and this case was similar.
—The Bank of England had no more right to transfer
the stock of any person without a consent properly
given, than the most insignificant chartered company
r had to dispose of the share of any member of it, with-
out his sanction. The law had provided for the manner
in which stock should be transferred. Under almost
all the early Loan Acts tallies were delivered, and the
indorsements registered in books kept for the purpose.
With these indorsements the Bank had nothing to do.
These tallies were not in use now, but books were kept
at the Bank in which the entries of transfers were made,
as prescribed by the Ist of Geo. I. c. 2, sec. 23, and the
4th of Geo. IIL c. 19. His Lordship here cited various
cases. The Court were not called upon to decide which
of the parties was to bear the loss. The circumstances
of the case might create considerable difficulty and in-
convenience to the Bank ; but the Court thought it bet-
ter that the Bank should experience such difficulty and
inconvenience, than that the stockholder should suffer
injustice. The Bank had it in their power to take a
reasonable time to make inquiry as to the genuineness
of powers of attorney ; but there was no evidence that
any inquiry hail been made in this instance. Upon this
verdict the Court could not give the plaintiff compen-
sation for the loss he had sustained, or might have sus-
tained, from various causes, owing to the fraudulent
transfer. Another reason influenced the Court informing
their judgment, and that was the operation of the sta-
tute of limitations. From what had lately occurred, it
was certain that transfers of stock might be made under
forged documents, and concealed for a period of more
than six years; and the statute of limitations began to
run from the act committed, and not from the time of
its discovery. His Lordship could not find any case,
exactly in point, but cited the case of Harrison v. Hai.,
rison, reported in Barnardiston, with the opinion of the
Lord Chancellor Hardwicke, but added, that it was not
there correctly reported, apd that the property in that
case was transferred by a trustee, which circum-
stance accounted for the doubtful manner in which
Lord Hat dwicke spoke of the liability of the Bank. The
Court were not called upon to decide whether the Bank
was bound to pay the dividends to subsequent pur-
chasers of fraudulently transferred stock ; but the Court,
in order to prevent alarm on the subject, would say
that the Bank could not refuse to pay the dividends to
subsequent purchasers. The Bank kept books for the
purpose of correctly managing its business, and it re-
ceived a liberal remuneration from the public, on that
account. If this were not the law, who would purchase
stock ? It was impossible to trace the title to stock
similarly with that of an estate. It was the practice in
making transfers to go by the Bank books. In the pre-
sent case the Jury had negatived the plaintiff's know-
ledge of the forgeries until several months after they
were committed, and they had also negatived the plain-
tiff's assent. They had not inferred that assent, nor
could they infer it. For these reasons, the Court were
of opinion that the verdict must be for the plaintiff on
the second and fourth counts.
Mr. Serjeant Tsony applied to the Court to have the
verdict put in the form of a special verdict.
The LORD CHIEF JR.:TIM—If the parties desire it.
COURT OF EXCHEQUER, NOVEMBER 29.

THE KING IN THE MATTER 07 MESSRS. MARSH, STRACEY,.
FAUNTLEROY, AND CO. BANKRUPTS.

Mr. HOLT appeared to shew cause against a rule
which Mr. Jervis, on the part of the assignees of the
bankrupts, had obtained on a former day, calling upon
the Crown to shew cause why all matters in difference,
relative to an extent which had been issued by the
Crown against the property of the bankrupts, should
not be referred to the decision of the Remensbrancer.
The only question to be decided in the case was, whe-
ther the Clown was entitled to seize the whole of the
money which had been deposited in the banking-house
of Messrs. Marsh and Company, as the produce of the
assessed taxes of the district of Mary-la-bonne, or whe-
ther the assignees had aright to deduct from the money
so deposited the poundage which was usually allowed
to collectors for the trouble of collecting the tales?
Mr. Jams said, that the assignees were anxious to save expense
to the estate. The monks against which the extent had issued
were mixed, part being doe to the Crown, and part private property.
Mr. HOLT said, that his Learned Friend was mistaken. It was
admitted even by the solicitor of the assignees, that there were no
mixed monies. The only point in dispute regarded the poundage.
Mr. Baron Gaoaow.—What do you want, Mr. Holt?
Mr. HOLT.—That the extent issued may be supported to the ex-
tent for which it has been issued.
bir. Baron HuLLocx.—The amount of the poundage cannot be
very large.
Mr. ssn said, that it amounted to between 3EOOO and £7OO.
Mr. Baron lim.Locx.—That is impossible. There must be
some mistake.
Mr. Jetty's said, that the extent had issued tore-I
cover the sum of 1,2191. 19i. 7d. which included not
only all that was due to the Crown, but a considerable
sum which was due to the collectors for poundage on
previous collections. He contended that the Crown
should receive all that was due to it, but that the col-
lectors ought not to avail themselves of the prerogative
process to recover money to them individually which
they had suffered to remain iii the bankers' hands.
Mr. Huta- proceeded to spew cause against the Rule.
His Learned Friend (Mr.. Jervis) had been misin-
sti ucted ; the money against which the extent had is-
sued, was the produce of one collection only, and did
not include any-poundage which had been paid on ac-
count of previous collections. It was impossible, be
maintained, fur his Learned Friend to thew that there
was any severed sum on account of poundage. It wasl
the custom, under the direction of several Acts of Par
liament, for the collectors of taxes to take the sums
which they collected to Commissioners, who audited

their accounts, and directed them to pay into the hands
of some bankei the whole of the money which they had
received, telling them, at the same time, that a certain
sum was due to them for poundage. It was on that
fact alone that the argument of a severance or appro.,
priation of funds on account of poundage could, by any
possibility, be founded. But he was prepared with evi-
dence to shew, if necessary, that the whole of the sums
thus paid in by the collectors were carried forward to
the nest month's account .without any deduction for
poundage. It was his duty to endeavour to satisfy the
Court, that the money paid into the hands of the bankers
continued ea masse, and that there was no severance.—
The language which the Legislature had employed in
,no less than six Acts of Parliament was, that the col-
lectors should pay to the Receiver-General " all the
monies' which they might collect. Upon such. pay-
ment being made—not upon the collection, the Court
would observe—the Receiver-General was empowered
I to allow them a certain per centage on the whole sum.
IBy the Sd of Geo. IV. cap. 88, which was the last Ac•
which had passed on the subject of the collection of
taws, it was enacted, in order to gentd against negli-I
gence or other misconduct on the, part of collectors,'
that the per centage which had been allowed them by
the Receiver-General might be withheld by the Com-
missioners of the Treasury, if they saw good reason for
withholding it. After reading that Act of Parliament,
it was really monstrous to contend that a collector had
a lien of three pence in the pound on the money which
he collected. It was clear that the whole sum col-
lected was under the controul, in the fist instance; of
the Receiver-General ; and finally, of the Lords of the
Treasury. He understood that his Learned Friend
meant to rest his case upon the 313th of Geo. 111. which
directed collectors to retain three pence in the pound
on all the money which they collected. The provisions
of that statute had, however, been repealed by those of
many subsequent statutes. His proposition was, that
the collectors had no right of lien or detention over
the money which they collected ; that it was money in
transitu ; that it was the King's money, and that the
per centage to be paid to the collectors was only a con-
tingent allowance. Under these circumstances, he saw
no reason for referring the matter to the Remembrancer.
Mr. JERVIS said, that he was furnished with an ME-
davit, sworn by Mr. Kearsley, one of the clerks in the
late Banking-house, which stated, that the money paid
in as the produce of taxes, was usually mired with
money standing in the collector's private account. But
he (Mr. Jervis) had no objection to take the facts as
they were stated on the other side ; for he knew that
the solicitor was too respectable to state anything that
was not correct. The proposition for which he had to
contend was, that with respect to the money which was
allowed to the collectors for poundage, the collectors
should not avail themselves of the prerogative process
to place themselves in a better situation than the other
creditors of the unfortunate house in which the funds
bad been depOsited. He begged leave to refer the
Court to the 43d of Geo. 11/. cap. T6l, see. 79, and the
48th of Geo. 111. cap. 55, sec. 7, where it was enacted
that every collector should receive three-pence in the
pound on the amount of his collection on paying it
over to the Receiver-General. The only object which
the Assignees had in view was, to prevent the collec-
tors from, recovering, by means of the Crown-process,
a sum due to themselves as individuals. There was,
he believed, no Act of Parliament which directed col-
lectors to pay in to Bankers the money which they
collected; perhaps it would be advisable to pass an
Act, requiring them to pay it into the Bank of England ;
but that was beside the question under discussion, and
upon which the decision of the Court was called for.
The' CHIEF BARON observed, that it was a strong
presumption against the proposition of the Learned
Counsel for the assignees, that no similar case had ever
come before the Court, although circumstances similar
to those out of which the present application had arisen
must frequently have occurred. It must have been
only because the parties had thought that such appli-
cations were untenable that they had not been made. If
it could be made out that there was any severance of
the money paid in to the bankers by the setting apart of
a specific sum for the collectors, the Court would have
h:..1 some reason for sending the question before the
Remembrancer; but that was not the case. There was
no doubt that the persons who collected the taxes and
paid it into the banker's were, at a subsequent stage of
the proceedings, entitled to a certain per centage . to,
'compensate them for their trouble ; but until that period
arrived, there was no distinct sum which could be called
the property of the collector. It therefore appeared to
him that there was no ground for applying for a refer-
ence to theßemembrancer. The rule must be discharged.
The other Judges, Mr. Baron GARROW, Mr. Baron
GRAHAM, and Mr. Bar .n HULLOCK,coinciled with the
of the CHIEF BARON.—Ruledisdiarged.

- .
POLICE INTELLIGENCE.
BOW -STREET.
Yesterday, Levi diwakonu, a young man of the Jewish persua-
sion was brought before Sir RICKAILD Bums, charged with com-
mitting a burglary, in the dwelling-house of Mr. William Fraser,
In Norfolk-street, Strand, under circumstances of a curious nature.
Mary Anne Easton, servant to Mr. Fraser, stated, that on Sun-
day night, about ten minuses past eleven o'clock, she and her
fellow-servant went to bed in the front parlour of her master's
house, where they always slept. When they left the kitchen
the windows and doors were all fastened, and witness left a
shawl of her oirn, and a silver spoon, which had been used Aar
gruel. Sbe fell asleep, and was awoke, she believes about
one o'clock in the morning, by the barking of a little dog
which was kept in the house. The dog had found its way
from the kitchen to the parlour door, and was scratching
and barking there. She spoke to the dog to quiet bins, and ho
went down stairs uttering a low growl. In a very short time he
was again at the door, barking very violently, and the witness again
speaking to him, be went to a mat in the passage, and laid himself
down, but still kept starting at intervals and barking. About two
minutes had elapsed, when some one came along the passage with
a light, and caught up the dog. The animal made a sudden and un-
common noise, and was then taken down stairs. MI was quiet for
a minute or two, and witness opened the patiour door and saw that
there was a light in the kitchen. She heard some one say " Hush !"
and she immediately called out as loud as she could, " Halloo !
Who's there? Murder!" and, retreating into the parlour, she held
the door firmly, while her fellow-servant opened the parlour win-
dow, and called out for the watch. A watchman came, and wit-
ness, from the window, saw a man standing on the stone within the
area railing. The shawl and spoon now produced she identified as
the same left in the kitchen, and a carving-knife, stained with blood,
she also said was her master's, and was safe in a knife-box when
she left the kitchen.
Rebecca Thomas, the fellow-servant, corroborated the statement
of the last witness, and said, that when she entered the kitchen, the
first object that presented itself was the unfortunate little dog, with
its head very nearly severed from its body, and the carving-knife,
wet with blood, lying near it. Her master was called up.
Robert Newman, a watchman, also corroborated her testimony,
and the prisoner was committed for trial.
UNION-HALL.
Yesterday, Mr. Wolter irombell, formerly an Officer In the Tenth
Hussars, and afterwards a Captain in the Life Guards, appeared at
the Office, to account for the possession of a chaise which had been
stolen. Mr. Harmer attended for Captain Wombell.
Mr. Allen, residing in Grosvenor.place, Camberbell, stated, that
on the 26th u( Aril last,his coach-house was broken open, and a

chaise, together with a quamity of harness stolen. ininentrio., of
the robbery was given at the different Police ()Mts. and after a
considerable lapse ul time, the chaise was discovered at Brand's
livery-stables, in Stamford-street, Blackfriar's-road, completely me.
tamorphosed, baying undeekone three different coats of paint;
however, it was satisfactorily identified by the coachmaker who sold
it to Mr. Allen. Mr: Brand stated, the chaise had been placed
there at livery by Captain Wernisell.
The Captain stated that some rime in the month of M.ty 1.14, he
purchased it in Smithfield of a men named Collins, whose reAdence
•be did not know, but he believed it was in Canterbur y ; he made
inquiries in order to trace, if possihle,where Collins was to be found,
In the edstne of his search he met with a man named Adams,
a bdtcher, in Vaushall.road, who hid sold a chaise of the above
description to the person named Collins. from whirl. he (the Captain)
had bought it. Maass stated, that he had been to examine the
chaise, and he supposed it to be the identical one which he sold to
; Collins, about twelve months ago. Mr. Keayes, the co tehmaker, of
Blackfriaes-road, said, the chaise in question was on- his prmicep
at that period, and was not disposed of to Mr. Allen wad ti=e month
of April last. Mr. Keayes added, that he was convinced it %yet-n:4
chaise he had sold to Mr. Allen ; he could positively .wear in it.
The Magistrates observed, that Captain Wombell for WI um:
sake, should make inquiry after Collins, in order that the iturliara
might he apprehended and brought to justice. The chaiie of e;1,c..„
would be given up to Mr. Mien, trona whom it bad been sto!et,.—
The Captain said that be could have no objection, and as he eras to
be the loser, he would do all that lay in his power to trace those who
r had taken him in so scandalously.
Ili A RLBORMIGII-STB EF.T.

Hr/Pt. Brookes, formerly a cad to the l'aedington Stages, was ye,.
terday charged with stealing a trunk, the property of Miss Wilbra-
ham, a daughter of B. Wilbraham, Esq. Nl.P.—James
a footman, stated, that on Friday evening, being on the box of his
mistress's carriage, in Prince's-street; Hanover-square, 11.• saw two
men following a Gentleman's carriage, and at lengths one of them
crossed to the foot.pavement with a trunk. Suspecting they had
committed a robbery, he followed them into Hanover-square,
and there secured the prisoner. His companion made his rs:ape.
.—The trunk had s brass plate, with the name of Miss Wilbraham
engraved on it.
Mr. Tother, a druggist, of
into custody, as described.
William Boyd, a servant of Miss Wilbraham., stated, that on the
carriage arriving at Colston's Hotel, Brook-street, the trunk was
gone, and he had seen it safe and secure at Whetstone.
The patrol and night-constable prodoced two largel..ather straps,
vahich they bad found in Prince's-street, soon after taking the pri-
soner into custody, arid a large knife and key, found on the prisoner.
The key was intended to open the boots ut carriages, for the pur.
pose of extracting their contents.
The prisoner accounted for possessing the key. by saying he bad
lately been in the service of a coach-master, and had used the key
in that Gentleman's service.--Folly committed to Newgate for tri.d.
W. Land, a youth, who is accused of having robbed his employers,
at Brighton, was, on Sunday, apprehended in Itegent-street, on a
warrant, backed by the Magistrates of this office, and sent off to
Brighton for examination.

t, saw the prisoner taken

PERILOUS SITUATIM.—Extract of a letter from the
proprietor of the Royal Marine Library, Sidmouth ;
" On Monday evening .I went to bed, intending to rise
early, and prepare against the danger to which I might
be exposed at the next time of high water, which would
be at half-past seven in the Morning. I could not, how-
4ver, sleep after two o'clock, my bed shaking under
lase at every surge of the sea, uhish was lashing the
'beach in front with tremendous violenee. At !wit-past
five I arose, and desired the cook to light the fire and
prepare some tea. It was at this time dark as pitch. I
have before said we anticipated no danger before high
water : judge, then of my astonishment, on groping my
way into the kitchen, to find it already under water.
The servant immediately proceeded to lift the things off
the ground, and plao them on the dresser and tables.
and was thus engaged, when in an instant a dreadful
-Nave broke upon us, dashing in at the same moment
the kitchen window, the front cellar door, and the kit=
ellen entrance next the Fort-field. So great was the rush,
that in five minutes there were ten feet water in the
house. By Monis goodness, we were enabled to hurry
up stairs, where I found my dear boys dressing, in A
state of great alarm. Upon our knees we now implored
the GREAT DISPOSER of all events to deliver us from the
death which appeared otherwise inevitable. I made up
my mind to clasp one in each arm, and when the foun-
dations of my house should give way, to go down toge-
ther. At this instant we were surrounded by twelve feet
of water, which was increasing upon us, and I again
repeated '•Gora alone can save save us,' when an empty
boat floated ender the window of the bed-room where
we had taken refuge. I called upon all to be resolute;
and prepared to descend into it by means of the sheets,
which I tied together, fastening one end to the bedstead.
The rain was falling in torrents; my dear inmates were
for some moments too much alarmed to venture in so
frail a bark, without oars or any means of guidance;
but, at length, they consented. The window was thrown
up, the sheets cast out, and we were on the point of
abandoning our tottering dwelling, when we were
hailed by the cry • Stay, stay I the water is falling
Yon are more safe where you are !' and the cheering in-
telligence soon proved to be correct. I have not power t'
give anything like an adequate description of the a wfl,l
scene: The sea dashed through the library, breaking
down the doors; and part of the front of the house is
carried away. Several Gentlemen have kindly received
my books into their houses. My pianos, and other
(heavy articles, are locked up in the church. Genera)
Walker has been so good as to receive my bedding ; and
'my plate, with what is more precious than all, my dear
children, are at W. Hodge's, Esq. The whole of the
houses on the beach have their fronts broken in, and the
town presents all the appearance of having sustained
a siege." •

DIED.
Sunday at Westbourne Green, Doctor Stephen Pellet, Senior
centiate of the Royal College of Phyaleiana, In bib 7sth year.

NRWGATE Any LEADENii ALL MARK ETS, Nov. 29.
Beef 2s 4d to 3s id I Veal 3a 04.1 to 4c 8d
Mutton ........4s &I to 3s Sd Pork Ts 4d to 5; 01

.DICES or HAY .4t40 STRAW YESTERDAY.
ST. JAUILS'S• WHITECHAPILL.
Hay 51 03 Od to 51 10s Od I Hay 51 lOs to .51 54 05
Clover 51 Os Od to 51 10s 041 Clover 41 lOs to 61 0. 01
StrAW 1119 s Od to 21 8s Od I
_±La.2l_ll.2±l 2.°1

PRICE OF HOPS.
31111 ?Get ars. wicw ZAGS.
130 s to 168 s I Kent 1204 to
1201 to 14011 &AMA
126 s to 1601

Kent
Sussex
Essex

orpo.es

PRICE or TALLOW, SOAP, &c. per 1116.
Town Tallow 443 6d Ditto rough . . ... 19, 6t.
Yellow Russia
White ditto
Soap ditto
I Curd b>
Melting Stuff
....

RAW HIDES.
Brat Heifers and Steers (per I Ordinary .. 2s 6d to 2i SI
stone)
Middlings... 2s- ed_2l2l_ckt

COAL 'AI AR K ET, NOV. 29.
Ships at Market. Ships Sold. rtic
100 i c
New astle 66‘ 153 a od toe. 641
Sunderland 27,i 331 3d to 409 3d
28
1 Scotch Coal 0 —s Od to —s Od
1 Cannel Coal 0 —I Od to —II Od

HIGH-WATER et LONDON-BRIDGE TO.MORROW.
Morning • • . 41 minutes after 9
Afternoon • 10 minutes after 10

Loomot Panted and PoMaked by J F. KIALY, at the Sum O►rtc[i,
No.l, Pickilt-Pfisc.c, Ten ploklan

,i-L.

A