Star.
London, England, 1810-05-28 00:00:00

LAR ATEZLIGENCA.
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COURT OF COMMON PLEAS, MAY 24.
PALMER V. MORTLOCK.
This long expected cause came on to be tried id
consequence of an Address of the House of Corns
Teens, to the Crown, that Mr. Palmer's claims might
be submitted to a Jury.
Mr. Serjeant SHEPHERD stated the case of the plain-
tiff, with which the public are already acquainted,
concerning which it is necessary to state only that
the present defendant is the Receiver General of the
post Office. Mr. Palmer's claim to a per cent age on
the profits arising from the Post Office was founded
on a contract entered into between him and Mr. Pitt,
when Chancellor of the Exchequer, the terms of
which are the only substantial question, between Mr.
Palmer and the Government.
After the Plaintiff's Counsel had spoken at length
en the merits of the case, Mr. Justice LAWRENCE
said :—Do you, Brother Shepherd, upon this record,
take the question to be, what was the contract that
vas made between Mr. Palmer and Mr. Pitt ?
me Serjeant Surixettn—l know, my Lord, that
.11.15 not an iltue. I conceive i; to be ceittPled with
the order of the :Kitt, that Mr. ?do . OFk,.if I May
be allowtd to use 'that phrase, la': - ' • .461.
e are entitled to receiver.. the
place of the public', and :therefore 'on ibis Ise. -"iihat
~,..,;,.,
..„. :‘,...‘. oil
w
. Mr. Justice Latvecsted—l Cannot agree with - (stk.' j
by anyemeans that you can try this question e if ofi
*cannot establiih that there has been with Mr. oree '
lock, either expressly or impliedly, some one of the
contracts stated in the declaration. . . ... e.,1
'ONE or TIIE Jufer—My
.Lord, there is 'mother s
thing that I wish tot have my mind satisfied upen;
and that is, the Address of the House of Commoni,'
and the answer of his Majesty to it, that we may sal
by what authority 'ti cause comes here. . .
Mr. Justice Laivnitscp—linit will come 'in WI
course, but I-stated My notion that the question vrasi
not as it 'Was Stated, in order that the Learned Sere.
jeant might apply himself tp prove whatthe questiosiel
.• -
was. - •
Mr. Serjeant SnePmann—My Let* it-is of-irert,
'
great importance to us that we should'nnderstnn4
which we Shall do, and whatevei yin* Lordship deb
dares, r am sure we shall submit to tea dily;: what
is the ground of objection which. My' friend *as to.
takein this case, and I will tell yont Lordsbip why
I say this; Ido feel. what your LOiddzip Stated is 4
difficulty, 'and I have no hesitation in stating, that
.',I.
alvrtys felt so ; but it is of extreme importance' too us.
I jcn6u your Lordship cannot trevel'etit of I re.
cord, but it is of extreme importance tel VieliPlW
for other purposes, considering in Whtatwiy this dale
tomes here, that it should be well understood that that
is the ground .on which the defence is rested,.and on
which your Lordship feels bound to say, that we can.
not recover. Now, my Lord, I will Ariake one ob,
vaeon en this subject. There ace other easels in.
which, sometimes, under an order of the Lord Chats.
cellor, where the Court has been order to receive
documents in evidence, which,. in fact, is the common
ordinary case. I recollect a case, I think it was be-
fore Lord Chief Justice
.Alvanley, where an objection
vac made to the legality of the evidence, and his
Lordship said there, ,4 I must look at the record, and
try the case by the rules of evidence and law. If the
other side chuses to take the objection, I will receive
the chjection if they make it ; but the question is, it'
in the teeth of the Lord Chancellor's Order they will
make the objection, and will act upon it." But if the
objection is not made, your Lordship will receive the
evidence which is offered. All I would submit to
your Lordship is, whethereif I produce the Order,
and they do not put4he objection to it in that shape on
theother side, your Lordship would permit us to go on ?
Mr. Justice Lewitteei--I understand the Order
to deprive them of a .particular sort of defence ; but
you 'must prove your case as it is in the pleadings.-
They cannot stand upon that defence, which, by the
Order, they arc not alloned to make, but you must
prove, at least, an implied agreement on the . part of
Mr. Mortlock in sotrie of your coUntF. I can only
Lel: at the record,but at the same time, I take it for
granted, that they will not insist upon it. This case
mast be ivied like otherselike the 'caseof an issue, and
the plaintiff make out the allegations.. II do no; 04
ortthe record, that that which you stated .to be -the
question is the question.
Mr. Serjeanc Snaps nn—.Then, on the Other part,
I. submit to your Lordship, thaf,,vo are entitled, as
against Me. Mortlock, .to gO on , the '-*.ipteMoint•-•--
Your Lordship sees, that Mr. Palstso • Watt.toisi have
two and a half per cent..audaas farAA'Olitt.*is' paid,
it was paid out of the revenues of the Post Cofhce,
and theft, we submit to. your ,Lordship that Mr.
Mortlock being Receiver General of the Post Office,
and having to receive the money, andnot being pee-
-1 bitted to set up the defence of his being a public
officer, it I shew that there wis an agreement with
the public, that is to say, with.„Mr. Pitt,'-ihe Chan-
. teller of the Exchequer at the. time, to entitle him to.
receive from Mr. Mortlock out of the revenues of the
Post Office two anti a half: per ,Cents Mr; Mortlock
mould be liable for money Isad.and received. .
Mr. Justice Lavntr.tic-,No; 'unless you tan shew
' Cat Nr..lsiortlock was bound ..by 14W -to pay this
' 30,0n0y to Mr. Palmer, and upon Ills paying' its. ~fiat
,Paltrier'; receipt would be a Sufficient ellscbar:ge
to him as Receiver general of the'Post Office. W a
~
ertain tgayas:legally:appropriated to the'payment
im;ft-ibilalinen, and that proclucinghis receipt would
Ntsteintiehere.that in .the point, but if you ca of
1..,,.. _
_._ .
-..e.r'tpat, Ttannot go oast of the Record.
' '.--511t ;Sterj.eint Stistetenis--ieVirould your Lordship
-Punk rue Juskto say one word upon this *Order ? I
'mit here, if, I am doing wrong, your Lordship will-
excuse it. It is this, your Lordship observes, that
the Order to .which I have alluded, points out; that
21e Receiver General is to defend such action. Yo r,
Lordship observes, that the first part of the Ordei _
on the claims, I will read the very words of it.''
Address of the House of Contrnons is this.:. j.`."..' '
[Mr. Serjeant Sunni eau reed the Addriss 4O'llie '
Court.] • 2.i ' .
. 91.
That, my Lord, I humbly submit under the otdeit
is this. It is pointed out almost by his Majesty, th
Is, by his Majesty's acceding to the wish of 'Ai;
House, that Mr. Moidock is the person a
whom the action is to be brought, and if it . ' ..
lii against any body else, the non-liabilitf.tif 4''
public Officer might have been set up, becauseir s'
oily to this Order, and I conceive the..
nie aelis ' :bf
te
the Order is this—an agreement is claimed to be