Star.
London, England, 1810-11-10 00:00:00

TILE KING W. DE YONG'S.

Mr. MARRYATT moved for a Rule to shew cause
sshy the verdict in this Case should not be set aside,
and a verdict for the defendant entered. The indict.
ment under which the defendant had been tried,
charged him with purchasing the current coin of the
kingdom at more than the current value ; a point had
been saved by the Noble and learned Lord who tried
the cause ( Lord Er.teNnonouutt), but after the strong
opinion ex eresed by his Lordship,he ( Mr. Mnuttva )
felt that he must Le obliged, in stating the case of his
client, to enter into the subject at some length.
Lord ELLEN/SW/OCW! assured the Learned Counsel,
that he was quite prepared•to change his opinion if
he should be convinced that it was erroneous.
Mr.- MARRYACT submitted, that the .sth and 6th df
Edward VI. by which the offence charged is the ex-
changing gold or silver for more in value than such
gold or silver coin is current for at the time, could
only he conceived to have reference to a former Act !
of the 25d of Edward 111,-by which it was declared,
that it should not be lawful to take in exchange silver
for geld or gold for silver, receiving more than the
current value of either. Whoever did so receive, or
exchange any gold or silver coie of the realm, it was,
by the said Act, enacted, should forfeit the same ;
and by the statute of Edward VI. besides forfeiture of
the coin so exchanged, this offence was to be punished
by imprisonment for one year, and by fine, at the plea-
sure of the Court. He admitted that the defendant
in this case bad received for fifty guineas fifty-six
Bank of Ertglvald notes for .IEI each, and a dollar, a'
lued at five shillings, being at the rate of 225. 6J. for I
every guinea. He admitted also, that this was an in-
creased
sum above the value of a guinea en the one
hand, or that it was .a proof of the depreciation of
Dank notes on the other. But he submitted that this
was no offence. The question here to be considered
was, had the defendant given more in value of coin
for coin It he could buy a thing cheaper for coin
than otherwise, this was no offence. The value of a
Bank note was not fixed by law—the public were not
hound to take Bank notes, nos were they esteemed 4
.regal tender. What then was there to hinder any
man from sating for what value or consideration he .
would take it ? This was clearly the interpretation
to be put on the Act of Edward VI. as connecting it
with the statute of Edward 111. the former statute
not inflicting any new prohibition, but only superad-
ding penalties to those contained in the former Act.
The statute does not say, that these penalties shall
attach if a man takes or gives goods or notes for
more than their current value, but confines itself to
the case where a man may take more than its value
for the current coin of the realm.'
Lord ateenoeoticat.--41. Mr. Marryatt; time
presses on us at preaent ; but the question is one of
general *importance, and you mat argue it. Take
your rule. Can you mention any t.Ther Acts on which
you depend ? There are, I think, at leaSt, ten Acts
upon the subject.
Mr. MA ILRYATT-.-44 There are, 4ny Lord, and more

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then read the order for pay. than itivin..":"`l 411— ' "`I "' 41 .11' 7 'L'UI " P .4"‘!' a infLC
At Klag's-End Hoene, Bath Pmekk,Warcester+hlre, the Lae,
,3ned by tint King, and counter- . I'ord ELLNNBOROUGH here.read an extract from his . cs( oiiEdryarcl-kkaay, afa ann.
I the Treasury. It stated that minutes of the trial, *from which it apeared that De , 1,-h,..
....L.,- I\"-Rg tED•
ult. deduction or accounting for Yoage admitted that a one pound note was worth.,-- at ';'-ti,;..4.76°1ngil L'4ll.'D'llt°.Saclal CIII*I' I°ll'
ue circumstances, he conceived' twenty shillin&. 'fhisitmeever, he.seerocd to thinty ...
~, ,•:, ..e.- - - vox. . - •.
i • .. . . ; •
to a verdict, and in thlitfeeling not ititPortant. r WM.
' . - W4°4o4' glifrOM MV 49Par. stvrel IPi 41'
. .
submit his motion .to the Court. : Tite•kertutwirXeltilltAL•ollserred, that a questOn tat teei; gewingtaa, vi "Ing a customer tei h spur 0l qwea,
turning upon the same point had occurred beim the, bit fell dawn in a fit and inuandy explrtd. . •