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QUEEN'S BENCH
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TO THE MEMBERS OF THE NATIONAL LAND COMP...
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THE LAOT ) COMPANY. Rohert-street, Adelp...
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w COURT OF QUEEN'S BENCH,.'¦ 7th May, 18...
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Royal Polytechnic Institution.—Dr. Bacho...
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which carthe the«y concluded bX& cxperii...
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Queen's Bench
QUEEN'S BENCH
To The Members Of The National Land Comp...
TO THE MEMBERS OF THE NATIONAL LAND COMPANY . M y Fbiexds , From the establishment of your Company down to the present moment , everything in connexion -with it has been transacted in the most open and candid manner , and in order that you may judge for yourselves , and not take my construction of your present position —as far as your legality is concerned—I give youa : » er 6 afM » report of the proceedings in the Court of Queen ' s Bench on Monday last , ¦ without the omission of a -word , and -which you will find and read with pleasure and delight in this day ' s paper . You must understand that the case in the Queen's Bench -was to argue whether or no the Rule should be made absolute , to compel fteBBGlsiMRtoregisterflie Company , devolving upon him the responsibility of satisfying the Court that he -was justified in refusing registration upon cause shown by his Counsel , or , rather—and most shamefull y—by the Counsel of the Government . In this stage , he hoped to receive the judgment of the Court to put an extinguisher upon us altogether ; but I have often told you , that , except in political cases , the "beggar has as good a chance as the Queen of receiving justice from the Judges of the Land .
By the report you will find that the Attor-3 set-Gekekai . had the day to himself , our Counsel , Mr . CoCEBUBN , not even being called upon to answer him , both Judges agreeing in opinion that the Role to compel the Registrar to show better cause than -the ArroBNEr-GenERAL had , for not " registering the Company , -must be made absolute . However , the question has now been argued upon the two points relied upon by THE HATTER , -wto was Chairman of the Com-, mittee , namely—the illegality of the Ballot , and the connexion of the Company with the Bank . Now these were the onlv two objections
raised before the Committee , and are the objections now relied upon by the Atxorney-VJenerai , and you shall see how the view that I took of the lottery case in the Committee , precisely agrees with the view taken by , Mr . Justice Patibsojt in the Court of Queen ' s Bench . I will give you the evidence of Mr . Lawes , the Government legal official , examined before the Committee for two mortal days , and then you shall contrast it with the op inion of one of the ablest Judges that ever sat upon the bench . Examination of -Sir , Lowes before the Committee , taken from Hie Report : —
Mr . O'Connor . —What , in your opinion , is the meaning of the term "lottery ?" Mr . Lawes . —A distribution by chance or lot . Mr . O'Connor . —And as soon as the lottery is over , all connexion between the rogues and vagabonds and the holders of the tickets , ceases ? Mr . Lawes . —That would be one description of lottery . Mr . O'Connor . — "With respect to those lotteries that come under the purview of those several acts , as soon as the tickets are drawn and the prizes disposed of , all connexion between the establishers of die lottery and the persons holding tickets , ceases ? It is a case of blank and prize ? . Mr . Lawes . —That , certainly , is the ordinary description of lottery .
Mr . O'Connor . —There would be bo farther connexion between the proprietors and the holders of the tickets , and no further probable result susceptible of calculation by way of average , whether the drawing took place in one year , or two millions of rears afterwards ? * Mr . Lawes . —Just so . Mr . O'Connor . —That is the distinct meaning of a lottery . Mr . Lawes . —Of one description of lottery . Mr . O'Coxxob . —A mere case of blank or prize ? Mr . Lawes . —A scheme which is established for one single drawing would be one description of lottery .
Mr . O'Coxxob . —In that case , at all events , there is no probable result that could be calculated by -ray of average , and no connexion would subsist afterwards between the establishers of the lottery and the persons drawing the blanks ? Mr . Lawe ? . —Certainly . 2 fowsuch was the definition of the term " lottery , " that I extracted from the legal official , which , if we required such authority to
establish a legal fact ,-indisputably proves that the meaning of "lottery" is , that , when the drawing concludes , all connexion between the projector and the shareholder ceases ; while in the Land Company , not the chance , but the selection still goes on , until all must eventually become drawers of prizes . Compare my view , as given above , with the opinions of Mr . Justice Paatesos and Mr . Justice WiGHiUAur : —
Mr . Justice Patteson . —I have been cursorily looking at the 67 th clause ; it is not quite like a lottery because all persons are to have something ; it seems only a question of priority . I do not know ifthatisso . ^ Mr . Justice TViohtmax . —Looking at the clauses it appears that the Company buy hind from time to time , and when they have bought a certain quantity lien they are to distribute it according to lots , but lhose wno have lots are not to have any more ; when the Company buy land it is for those who hare not .
Now , let me ask , if opinions of different parties could be more in unison than those of the Judges are with my opinion , expressed before the Committee , upon the Lottery Acts ? There is , however , another branch of this subject which it will be interesting to you to understand . All Senior Barristers have their Junior Counsel to get np the case for them , as it is called , and they cram their Seniors ; and the Attorney-General ' s Junior is ,- by way of honorary distinction , called his DEVIL . The Devil crammed his master with a
clause in an Act of Parliament—and a very stringent one—against lotteries , but the Devil had not the sagacity—no , rather had the sagacity—not to remind his master that another Act , of the same reignthat is , George IT . —was passed , authorises parties to BUT LAND , and , having divided it , to " DISTRIBUTE it b y lottery ; and this , as I' had previously informed you , even if our acts were in violation of all other Lottery Acts—which they are not—would be our justification for distribution by lottery . Being foiled in this argument , the AiTOR-5 EY-General then turns to the question of the illegality of the Bank being in connexion with the Land Company , but appears to be wholly ignorant of two stunning facts . »
Firstly . —That the Registration of the Deed tf Settlement was the question before the Court , and that in that Deed there is not one * ord about the Bank . m Secondly . —That immediately after the derision of the Committee , circulars were issued * o « very depositor in the Bank , informing them hat in consequence of the opinion expressed hy the Committee , all connexion between the Bank and the Land Company was severed ? 2 nd also relaxing those rales which required certain notices for withdrawal , and informing ftem thathenceforfh the Bank was an judical Bank , that it had nothing to do with % Land Company , and that they must either " ^ thdraw their deposits , or allow them to regain upon confidence in me .
Hence , as the Aitobset-Gehehai relied ^ Q a cttcnlar to provethe connexion between fte Land Company and the Bank , if it was oecessary—but it is not—I would set circular gainst circular . However , he was not aware ^ at there is no connexion whatever between Jjj Bank and the Land Company , anymore * Jan thereisbetween the Land Company and toe Bank of England . Thus , I think we may fssnrae , without anygreat extravagance of conjecture , that the Lottery and Bank Questions ^ eset atresf . - ..- ¦ .- ¦ --- •¦
" ^ b doubt the indusfrious labourer , who cana find any other safe investment for his little ^ gs but land ; will smile scornfully at that ** J * m of the Atiornet-Gbseral ' s speech in *« rchhe would base the illegality of the Land £ lan upon tiiefact , that it wasnot a scheming ba « hle , established for the purpose of traffic , ^ draakmg profit for the projectors , _ Ah ! ^« lOng m « nof England—if I na & fta & rckfid
To The Members Of The National Land Comp...
in yonrrondsandtraded upon your confidenceas some railway directors and managers have done—as long as my peculations were undiscovered I would have been a god ; even the saints would have deified me : but because I have been the onl y dope I am a devil , and the sinners would crucify me . ^ "What other possible outlet but the Land is there new for the savings of the poor , when the artificial market in every branch is glutted
by large speculating adventurers ? How can the poor man become a manufacturer , a merchant , a trader , or a shopkeeper ? and if he saves his money , and deposits it in the Savings' Bank , upon presumed Government security , like the poor victims of Ireland , Wales , and England , they are laughed at for their credulity , and informed that the name of the Government was a delusion , and all their little savings are lost
I will now give you the most , pithy and the most conclusive sentence from the Arron-SEr-GENERAi ' s speech , and one which , whether his office be ministerial or judicial , throws the whole onus " of responsibility upon Mr . Whitmabsh , the registrar . The Atiorney-Genebal says : — - \ " And how is it possible Jhgi theefficer , luimBte * tially or officiallyT seeing " thisdocnment ' brought hefore him , in express defiance and in direct violation of the words of the Act of Parliament , could register , or your lordships compel him so to do ? It is utterly impossible .
Let us now see if we can turn a legal impossibility , not into a possibility , or even probability , but into an incontrovertible fact . This functionary , if his office -was judicial , had the power to decide , and the right to refuse provisional registration , based upon the illegality of the Plan ; while , if it was ministerial , in so gigantic an undertaking , and in which so much sympathy is NOW expressed for the dupes , it was his duty to consult the highest legal authority ; but who is the criminal , if there be criminality % Why , this very official—who assumed both judicial and ministerial junctions by actually
AMENDING THE DEED OF REGISTRATION , and ( taking his fees ) so as to bring it within the strict provisions of the Act , which he was bound to obey , and for which he is paid , for insuring our obedience ; and by whose ignorance or negligence , if the deed was not susceptible of registration , the Company was put to an expense of over £ 2 , 000 in stamps , and preparation of this deed of settlement . Now , can there be a stronger reproach upon a public functionary , whether-his office be judi cial or ministerial—and is he not the person now fairly upon his trial , and chargeable with any censure consequent upon delay ? At the close of the Attorney-General ' s
speech , he says— "That , if a man is very lucky , he will get his allotment in two hundred years . ' ' Now , I went farther , and put it to Mr . Lawes at two million years ; but now I will make an assertion , which I defy all the accountants in Europe to deny . It is thisthat , upon the principle of bonus , I would locate every member of . the Company in less than seven years , and at the end of that period
I would return the whole paid-up capital of the Company to the shareholders , and would be able , after three years—nay , two yearsto locate the poorer members , not able to pay bonus ; as not one member of the Land Company , nor , I believe , have I myself , formed a just estimate of what I could realise by the sale or use of old materials , and by " selling small portions of each estate to willing purchasers for more than double what it cost me in the
wholesale market , thus upon each purchase considerably augmenting the capital of the Company—and in this respect ,, perhaps , I may come under the provisions of a trading profltmonger , and receive the countenance of the Attorney-Generai , and the protection of the law . But , no ; not when I did it for the poor , upon whose destitution and competition the trafficking profltmonger lives . My friends , you must understand that the case , as argued , stood thus—that we moved the Court for a Rule absolute , to compel the
Registrar to show cause why he refused to register the Company , and that the Attorney-General put forth all his strength and power to prevail upon the Court not to make the Rule absolute ; and that the Court , without calling upon our Counsel to say a word , and after a long speech from the Attorney-Generat . upon the two points of presumed illegality , DID MAKE THE RULE ABSOLUTE , the Judges hinting their opinionswhich was all they could do—most clearly and distinctly as to the weakness of the Attorney-General's argument . -
You must understand that Mr . Chinery , Mr . Roberts ' s partner , has had the management of the Company ' s affairs from the commencement , and I will venture to say that no professional man in England understands the position of the Company better than he does , and I will further add , that there is not a more cautious man or one that would be less likely to inspire hope if all but certainty of its realisation did not exist . He has attended all the consultations—he it was who had the Deed altered according to the suggestions of the Registrar—and you will read his letter , accompanying the report , wita ' much pleasure .
* Having now analysed the arguments of the Attorney-General , and having commented upon those arguments , and upon the opinions of the Judges , let me now for a moment call your attention to the difficulties with which I have had to contend since the establishment of this Company . In its infancy , and when even I never presumed that it would reach its present giganticstatnre , all were silent as to its practicability or impracticability ; not a word was said about the juggle , although all the difficulties must have been as striking and conclusive then as now ; but when it promised to
develope the most powerful system of co-operation ever attempted in this or any other country , then the whole ' press of England , with the exception of the " Wakefield Journal , " openedits battery nponit ; ^ eEreeTraders denounced it—they hired Hobson , the "Flogged Soldier , " and others , to write about what they understood as much of as an Irish pig does of geometry . Then came the abusive letters and malicious whispers of the ungrateful vagabonds who had been most-successful . Then camethely ingaccountsofthe"WHISTLER , " as to what he had witnessed at O'Connorviue ; then came the discontent of thousands , who had given a credulous ear to the slander of our enemies ; then came the Committee of
the House of Commons , withthe Judge Advocate , a Ministerial tool , as the Chairman , and the "PUMP" as his DEVIL ; then came the misreports of the Press of the proceed ings of that Committee , until I , was obliged to exclude them ; then came the discontent of the "POOR GENTLEMEN , ' ? who are too proud to work , and too poor to live without wages , of a plan that was likely to rivet the sound mind of the working classes to a definite object , and from whose folly and enthusiasm . they could „ no longer extract contributions : next came the wrath of Bubble Building Societies , ¦ Benefit- Societies , and all other "bubble " schemes ; then came the vengeance of the-Government , ventilated through Vsassi legal official ) & ad ft * W hoped /{ hat
To The Members Of The National Land Comp...
legal power : could accomplish what man ' s rascality failed to effect , and we were driven to the last resort—the law ; and now you sec the position that WE occupy , while the many projectors of railroads , who have not been prosecuted , have literall y robbed the widow and the orphan of their mite . You can form no conception of the hostility which Free Traders , the professing friends
of the poor / still feel towards this „ Labour , Regeneration Plan . It was only this week that one of them said to a person who called upon him , "We must send the ' Whistler ' down to these estates , to give his version of them ; " but he forgot that his old friend was in limbo . Sojhat you understand the feelings of those profitinongers towards any plan which is likely to diminish their profit on labour traffic .
You have not heard a word of abuse of the Cobden-Scholefield
" FREEDOM FOR THE MILLIONS " Plan . No . The "Whistler , " no doubt , will be liberated to write upon the picturesque scenery of these 900 acres which have been so pompously advertised , as being , worth 11 .-10 s . ^ -an acre , and upon two acres of which , * 1 T IS NOW ASCERTAINED , FROM "PRACTICAL EXPERIENCE , A MAN "CAN SUPPORT HIMSELF , HIS "WIFE , AND FAMILY . " I shall not offer one word of comment upon
this "FREEDOM FOR THE MILLIONS PLAN , " but shall content myself with publishing the following description of this picturesque and magnificent prospect for the millions , from the pen of a most trustworth y person , who has visited it in the hope of tasting some of the promised sweets , and he shall speak for himself . Here follows his glowing description of
"FREEDOM FOR THE MILLIONS . " Dear Sib , —Being a well-wisher of tho working classes , I take the liberty of addressing a few lines toyou , respecting the " Freeholds forth © Millions , " which appeared in the Star on the 7 th of April . It appears a bane for the working classes . I wrote to the Secretary of the Birmingham Land Company , and I got to know the name of the estate . It goes by the name of the Darwent Hall Estate , in the parish of Hath ' ersage , twelve miles from Sheffield , on the coach road from Sheffield to Glossop , turning off . at the right hand at Ashapton . The arable land is 200 acres , and the moor land 900 acres , which is quite a barren mountain , on one side verv steen .
and full of very large stones , of from two to eight or nine feet square . Ihe other side of the mountainon the north—is very wet and boggy . I saw and surveyed it myself on Saturday , April 28 th , and got all the information from farmers in the neighbourhood . I asked them . what thoy thought it was worth an acre to rent it , and they all agreed that it was not worth eighteenpence per acre . I would not have it at a gift to cultivate it . It might do for some of those shooting gents to breed game on , but it will not grow a cabbage or a potato , Therefore . 1 think it ought to be made known to the labouring classes before they invest their hard earnings under such delusions , which are well worthy of being exposed for offering such land to
the working millions , for it w only a snare and a delusion to say that two or four acres , or ten acres of such land as they offer , can maintain a family , except they had a stone mill and ground the stones for sand , that they might go to the market with , as they could not . go with potatoes , wheat , turnips , cabbages . & o . —I mean from the 900 acres of moor land , which appears to me to be the poorj man ' s lot . From such an offer good Lord deliver us , and that others may escape who are well-wishers , you would do well to insert this letter in the Star as soon as possible , that they may not be swindled out of their money . By doing so , you will oblige ' Yours , truly , John Asquith , The Bolton delegate to the late Land Conference at
Birmingham . May 2 nd , 1849 . Now , reader , without a comment from me , what say you to that ? And now , in conclusion , I have only to add that I would cheerfully have given all I possessed for the judg ment pronounced by the Queen ' s Bench ; and I may tell you that on Sunday last the Bromsgrove Estate was visited by numbers of persons from all parts of the kingdom , and each and all expressed something more than astonishment , surprise , and delight ; they said , "They could not have believed it . " Thereis an acre of beans , a half-acre of peas ,
a half-acre of the best description of potatoes , and a large quantity of cabbages , planted upon each allotment , and there wUl be turnip and other seeds put in a portion of the remainder . And I have to request that no man will venture a penny in the Bonus Fund until he examines the estate for himself , or , perhaps , it would be better and more economical , upon the principle of political economy , if they would club their monies and engage the " Whistler" and Joshua Hobson as inspectors , from whom they would be sure to receive a faithful report .
I have now no more , to say than this : that I will not bear with the indifference , neglect , and dishonesty of unpaid-up members any longer ; that I will not do for 70 , 000 people what justice , from a portion of that number , would effect for the Company ; and I tell those who do not pay up their weekly instalments , according to the rules prescribed by , the last Conference , that then- names will be taken off the books ; and I again repeat what I have before stated , that I am determined never to relax my exertions in furtherance of my plan of
FREEDOM FOR THE MILLIONS . Your Faithful Friend and Unpaid Bailiff , Feahgus O'Connor
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^ AND NATIONAL TRADES' JOURNAL .
Yolbi. H°. 603, L0kdqn, Sathdat; Ma M9. ...
yOLBI . H ° . 603 , L 0 KDQN , SATHDaT ; MA M 9 . . L ^ -HSSSX-.
^Wvwwvvv W W R— - The Victims. To The Ch...
^ WVWWVVV w w r— - THE VICTIMS . TO THE CHARTISTS OF NOTTINGHAM AND ITS VICINITY . Brother Democrats , —Many appeals have been made to you on behalf of the good men and true who are suffermgfo rtheadvocacy of your principles , without producing funds necessary for the support of the victims anltheir helpless families . I . have suffered in the dungeon for the cause of Chartism , where I found that the worst torture I had to endure was the uncertainty as to whether my family could obtain the common necessaries of life i and , knowing from experience , what must be the bitter feelmgfof uncertainty and anxiety of our friends rejecting their families , I call on you , not to flag in 3 S , ionfon their behalf , If each Chartist in
this town and county would pay ahalfpenny per weeK io thatFund it would amount to- more weekly than is collected all throug h the country . W , Jhen and bedoinff Let us show to our persecutors that we arYCh ^ let us attend the meeting on Sunday afternoon ^ to reorganise our movement , and set the Jictira ^ Fund in a riffht train for proper and regular collection . Let 5 FtealArtist be content with giving his symptthy wS Kould and could give a ha & penny or collect from his friends . -. „ . „ _ , « Tllimivn A Chabtist op TwESiy Tears SrAironro , AND S , » AT HAS SOTMBBD * OB IIS SiKE .
¦ Waiwraas Of A "-" Sage.—This Is True, ...
¦ WAiwraas of a " - " Sage . —This is true , that the wiSoufH l ^ e latter times in ? « ato , Sher fine deliveries , and shiftmgs of dangers anSchiefs when they are near . -tnan solid and ornnnded courses to keep them aloof : this is but to Sm aSSwith fortune ; and ^ men . beware EL thev neglect and suffer matter of trouble to be SiSS man wu forbid the spark , nor ^ Kence it may come . The difficulties in princes . WnSe mSy and great , but the greatest iffi-• K is ' often in their own mind : it is common C "KnSsaid Tacitus ) to will contradictories : " tfS S of power to think to com-% * A * ™ I ^ iVE ^ The . Hecorderof t- Slh ^ decided that grocershave . no legal ^ SSti ! 3 l «»' * * £ ht be ™ -
The Laot ) Company. Rohert-Street, Adelp...
THE LAOT ) COMPANY . Rohert-street , Adelphi , ' 8 th May , 1849 . Pear Sir , —The resu-. t of the proceedings in the Queen ' s . Bench yesterday I think highly favourable , and should restore much of the confidence of the many thousands interested in the prosperity of the Company ; as what fell from the Court was decidedl y in favour of the question of its legality , and confirmatory of my own , and the opinion of Mr . Sweet , the conveyancer , who so carefull y settled the provisions of the Deed of Settlement . ^ I think , now , there is every prospect of getting the necessary legal protection for the Company and their property . Knowing how sparing of their space the daily prints are , and how incorrectl y these things are reported usuall y , and thinking it most desirable that tho whole of the shareholders should have an opportunity of reading every word that was said on the , motion , I employed a shorthand writer to take a verbatim report ; and beg to send you the transcript of his notes for insertion in the "Star" of this week . ~ \ Pitmj .. dear . Sir , yours very faithfull y , G . TV . ' ' Chinery , To Feargus O'Connor , Esq ., M . P .
W Court Of Queen's Bench,.'¦ 7th May, 18...
w COURT OF QUEEN'S BENCH , . ' ¦ 7 th May , 1849 . Present : —Mi ' . Justice Pattesos and Mr . Justice WlGHTMAN .
THE NATIONAL LAND COMPANY versus WHITMARSH . Attorney-General . —My lords , I have to show your lordships cause against a rule obtained by my learned friend , Mr . Cockburn , calling upon Mr . Whitmarsh , the Registrar of Joint Stock Companies , to show cause why a Mandamus should not issue , directing him and commanding Win to renew the Certificate of Provisional Registration ; and also on the production of the Deed to perfectly register the National Land Company . My lords , this is a matter of considerable importance , but presenting , I believe , no question of
difficulty for your lordships , but certain matters of law , upon admitted facts , upon which I must request / your lordships not to depart from the ordinary rule , but at once to dispose of the question , because it is of the utmost importance this question of the National Land Company should be at once thoroughly understood , and if it be—as I contend it is—an illegal Association , that , the court should pronounce its opinion upon it , and that the thousands of persons—hundreds ' of thousands of persons I was going to say—but thousands of persons , certainly , who have embarked in the speculation , should exactly know their real
position . My lords , the question here is , whether the National Land Company , ( of which your lordships may generally be familiar with the name of it , and the circumstances of it , ) is within the Joint Stock . Companies' Act , so as to be entitled to a perfect certificate of Registry ? And , my lords , I am to contend , before I bring under your lordships' notice , shortly , the circumstances of the case which are not in dispute between me and my learned friend , that there are several objections upon which I apprehend your lordships will not compel Mr . "Whitmarsh 4- ^ * f ^«* a »« nu ^ vk a 1 l ^ v « % >^ n a Aim VI 1 nr All * v * A * i # t nTfWt vlii rm tprovisionalland letel iterthis
o y . comp y , regscompany . One question will be ( which I will discuss last , but I had better mention it now first ) , the nature of the office of the Registrarwhether he fills a merely ministerial office , or whether he has . partly a judicial office to discharge—and whether , in fact , he is simply the mere officer in his ministerial capacity of Registrar , and even supposing , for the purposes of the argument , that it is so , I apprehend it to be perfectly plain , if he can show to your lordships this company is an illegal company ; your lordships will not compel him , even though he is a ministerial officer , to register an illegal
company , because it would invest that company with greater powers and with greater apparent responsibility and authority , and would enable the company to do that which the law denies the right to the company to do , and , therefore , the court will not compel the ministerial officer , even if he should be ministerial , to register this company . lam to contend before your lordships that this company could not be registered , independentl y of the other point , which I shall speak to last , - upon this ground , and it will be convenient to state the grounds first before the facts , that your lordships may follow me . The first question
that is disclosed by the affidavits is , upon the Deedj that the company is not a company within the Act at all . Secondly , that it is an illegal company , upon two grounds—first , it disposes of land by lot , and , therefore , it is a lottery ; and , secondly , that , in connexion withthe company it carries on an illegal practice of banking , in defiance of the Statute . I should state to your lordships , that the whole of this matter arises upon the evidence furnished by the members of the company themselves . The two first points depend upon the
affidavits of my learned friend ; the last , as to the bJmking , depends upon an exhibit of the evideace given before the Committee of the House of Commons by their members and proprietors , which ' , shows that banking has been carried on .. ! -.- Now , with respect to the evidence of matters in the case;—r first of all the question is , whether it is a company within the Act of Parliament—the statute is the 7 and 8 Vict ., cap . liO , and the 2 nd section—I will hand this one up to the court—the 2 nd section shows to what companies the Act is to apply
;—- ; Belt ' . enacted , that this Act shall apply to every Joint Stock Company as hereinafter defined , established in any part of the United Kingdom of . Great Britain and Ireland , except Scotland , or " established in Scotland , having offices ( so-and-so ) and having an office or place of business in any otfrer / part of the United Kingdom for any commercial purpose , or for any purpose of profit , or for the purpose of assurance or insurance , except Banking Companies , & c . Andthat the term / 'Joint Stock Company , " shall comprchend ' every . partnership whereof the capital is divided or agreed tobe divided into shares , some to be transferable , Then it- exempts incorporated companies ,
and likewise railways , which are required to be . partners for several purposes . Now I apprehend for any commercial purpose , or for any purpose of profit , that this National Land Scheme does hot come within the specific enumeration . Is this a company established for a commercial purpose , or for a purpose of profit ? Now , my lords , the Deed is sot out in tho affidavits , and your lordships , will find that the object of the company is stated in the third clause of the deed . Perhaps it will be convenient that I should hand it up , if your lordships will refer to the third clause : _
The business of the company shall be the purchasing of land In various parts of the . United Kingdom , and erecting on such land dwellings to be allotted to members of the company ia such manner , for such estate , and upon such terms and conditions as shall , from time to time , be named under the provisions of the Deed of Settlement ; and also the raising a fund out of which sums of money shall be paid to , or applied for , the benefit of members being-allottees of land ; and also the raising of money for the purposes aforesaid by yelling ,, mortgaging , or disposing of such estate and interest in , or charges upon , the land to be purchased by the company as shall be reserved for that purpose under the provisions of the Deed of Settlement , and' sueh other bushuss as is or shall be necessarily or conveniently incident to the business and purposes aforesaid . Now that is the object . of the company , and that . object is further earned into effect by other clauses of the deed- ^ -which
W Court Of Queen's Bench,.'¦ 7th May, 18...
I will read presently to the court—which direct that this land being pufchased , and houses being erected , the various contributors are to draw lots for their occupation , and to take possession of the land upon certain conditions mentioned in the deed . Now , we must pause and . see—such being the objects of the company—how can it be said to be for a mercantile purpose ? It is perfectly p lain , that a company established for the purpose , amongst themselves , of buying land , even if there were no objection in point of lottery , is not a company for mercantile purposes which allows them to traffic in trade and business
with a view to profit for the benefit of the various members of the company . This is simply a Land Company , partly a Building Company , to which the Act of Parliament expressly says , that registration shall not apply . Is it then for any purpose of profit ? Tho meaning of " purpose of profit" is , in connexion with mercantile pursuits or trade , where people are investing their money , and buying and selling for tho purpose of obtaining profit upon the return ; but this company is established for the shnple purpose of . obtaining and purchasing
wywISSlf " " 0118 oi ^ axwair ^ embergji'land , building upon the land " m plarchased , and allotting houses for the residence of the allottees , and then determining , by lot , or lottery , who shall be the fortunate holder of tho land so purchased . I apprehend the court ' will clearly see upon the face of this deed that is sot out on my friend ' s affidavit , that this is not a companyestablishedforanymercantilepurpose , or lor any purposes of profit ; it is , in truth , a Land Company for thepurchase of land—a Building Company , which is expressly excluded out of the Act , and , therefore , the Act does not apply at all . But it is quite plain
that if your lordships are to look at the words , and see whether this is a company established for the purpose of profit , it never can mean for profit . to certain selected members of the company , but for the general profit of the company at large to which the Act applies , and there is no such provision in the Deed . The company , quasi Company , can by no possibility make an y profit whatever , it can simply be a profit to an individual , the' fortunate member who has obtained by . ballot or lot the chance of inhabiting and cultivatiug a portion of this land . Now I again take the liberty of saying —( though it may be
met on the other side b y this observation , that this rises at the onset a point of law to be discussed , and , therefore , the matter should be put upon the return )—it is a matter of the most vital importance that the country at large should know the nature of this company , and have it at once determined upon the matters which , in truth , are now before your lordships . My friend and . myself feel , and your lordships will feel , this is not an ordinary case where the court will see a necessity for raising points of law ; it will be discussed upon the record ; it is of the utmost importance that this should be at once settled , and with as little
delay as possible be determined for the satisfaction of the body of shareholders ; and the gentleman who has managed this matter , I am sure , will be glad to have it so settled , because there are many persons who are contributing to this company under the notion that they may legally take land hereafter , which , I fear , they will never bo legally entitled to . Now , upon the second point , ' I say it is . a lottery , and that it is expressly within the provision of the Act of Parliament . What says the Lottery Act ? There are several , but I will , read one . the 12 Geo . II ., cap . 28 , and it says , in page 423 of Chitty ' s Statutes , that
If any person or persons shall , after the 24 th day of Juno , 1739 , erect , setup , continue , or keep any officeorplaco under the denomination of a sale or sales of houses , lands , advowsons , presentations to livings , plate , jewels , ships , goods , or other things by way of lottery or lots , tickets , numbers or figures , cards or dice , or shall make , print , or advertise , or publish , or cause to be made , printed , advertised , or published , proposals or schemes for advancing small sums of money by several persons amounting in the whole to large sums , to be divided among them by chances of the prizes in some public lottex-y , or lotteries established
orallowedbyAct of Parliament , or shall deliver out , or cause , or procure to be delivered our , tickets to the persons advancing such sums to entitle them to a share of the money so advanced according to such proposals or schemes ; or shall expose to sale any houses , lands , advowsons , presentations to livings , plate , jewels , ships , or other goods , by any game , method , or device , whatever depending upon , or to be determined by any lot or drawing , whether It be of a box or wheel , or by cards or dice , or by any machine , engine , or device , or chance of any kind whatsoever , such person or persons , and every or either of them , shall , upon conviction , be subject to certain penalties .
I will just read—if your lordships pleasethe provision in their deed "; " if your lordships will turn to Section 67 of that deed : — The Directors shall , from time to time , as opportunity shall occur , and the funds and means of the company shall aUow , purchase such lands either of freehold , or copyhold , or customary tenure , and either held in "fee simple , " in " possession , " or for a certain term of years , Sic , as they deem proper for the purposes of the company , to be divided amongst shareholders who shall have paid up the
full amount of their shares , and shall not have previously received allotments in respect thereof , which shareholder so entitled to allotment , and having at least fourteen days before the day appointed for making any allotment sent in to the secretary a notice requiring to be put upon the list of qualified shareholders for such allotments , are hereinafter called qualified shareholders , and the Directors shaU , from time to time , divide such lands as shaU have been so purchased into allotments of two , three , and four acres respectively , or a 5 hear thereto as convenience and the relative value of the different portions thereof will allow ,
Then it goes on to state , near the end of the Deed ; after directing how it is to be arranged : — And the Directors then present shall proceed to determine by lot , the qualified shareholders by whom the allotments shall be taken , and the respective allotments which they shall respectively take . The allotments of two acres each shall be first allotted to qualified shareholders , each holding only two shares paid up , and in respect of which no allotment shall have been made , such allotments shall be numbered in arithmetical progression—1 , upwards—and
written on cards of equal size , and placed in a vessel before the chairman of the meeting . The names of the qualified members , with the numbers of their respective certificates , shaU be written upon cards of corresponding numbers and size , and placed in another vessel before the chairman , The Committee of Allotment shall then appoint two disinterested persons to dravr the cards containing tne names of the qualified shareholders , and the numbers of the allotments from such vessels , and the members shall be located on the respective allotments indicated by their respective prize tickets .
Then it goes on : — Provided always that it shall be lawful for the Directors , instead of allotting any land or property which they may have purchased as aforesaid , to sell , or otherwise dispose of 4 he same . Then , before any shareholder receives posses , sion of his allotment , he shall cause a cottage to be erected , and soon , and make provision for improving the land . Now , nobody can read that clause without seeing expressl y there is a positive lottery in the old-establishedfoim , because certain persons out of many thousands who have paid their subscriptions , by small sums annually , ' are to have their names inscribed upon , cards , which are to be put in one glass in the presence of the Chairman . Mr . Justice WwuiMAJf . —Those who are qualified persons ? - - "
_ . . .. „ . Attorskt-Genebai . —Those who are qualified , — that is , those who have paid up thoir calls . On tho other hand the numbers , of the certificates are placed in another glass , and two drawers are appointed to draw the names and numbers of the prizes and the persons , the fortunate holders , who are declared to be the owners , are entitled to have possession , of the particular allotments . This is exactly the ordinary description of a common lottery , and it is precisely within the words of this Act of Parliament , " erect , set up , continue , or keep , any office or place under the denomination of a sale or sales of" houses , land , & c , " " or other things " there can ho no question of that ; Mr . Justice Pattbsom . —And " prize tickets ?" AiroBiJia-GiJNERAL . ^ Yes , and they expressly in the ternis of this " clause , 67 , and the following clauses , not only talk of a "lottery , " in fact , but talk of " prize tickets J" I apprehend nobody hying
W Court Of Queen's Bench,.'¦ 7th May, 18...
can doubt on this , which docs not admit of matter of dispute , —thia is not like a question which can be altered by facts hereafter , or require , in truth , any long consideration upon the matter ; it is upon th « lace of their own Deed , set out upon their own affidavits , the Deed which Mr . Whitmarsh ¦ is re-? C ^ fw r a ? S S ive authority of h »» *«—) 3 ?»! i « fl i "ot 'j ? , by prizes distribute the very land in defiance of the Act of Parliament . I apprehend there can be no question upon this matter ; we are not here upon what they may do hereafter ; we are now upon this Deed which they i-quire Mr ! Whitmarsh to register . And how is it i . « x 4 i !>! e . that the officer , ministerially or oifioialiv . wwiiw thia
document brought before him in expV : !;* defiance and indirect violation of tho words of tho Act ot Parliament , could register , or your lords ^ ios compel him to do so ? It is utterly impossibly I "With respect to the other point , I merely wish to bring it , shortly , before your lordships , upon the illegality of this matter . Wcsay the company , is ilk-gal , because it carries on business in London as .-. bank ia express violation of the Banking Act . Sow this matter , I must admit , docs not arise upon their Deed , anddocsnot arise upon . their affidavits , bufc it arises in this way : —a Committee was appointed to inquire into this Land Company ; several gentlemenin connexion with the
, company , were examined , and gave evidence before that committee , their manager , Mr . M'Grath ; and Mr . Whitmarsh having his attention drawn to that—I am told Mr . M'Grath was the secretary , not manager—has stated to the court , by exhibit , the evidence which they gave , which he says he believes wua given , and which he believes to be correct . Kow it . appears this bank was established , I think , originally , in the year 1846 ; it was established in connexion with , and as a part of , this Land Company ; it h carried on at the same office as the Land Company , in Oxford-street , and , I think it was done by circulars , I will read one .
Mr . Cockburn— "Where docs that come from ? Attorney-General—I am going to read the circular . Mr . Cockburn—Where docs that purport to be ? Attoiiney-Ge . vebaj ^—This is the affidavit of Mr . Whitmarsh . I am going to read the circular of 1847 . Mr . Cockburn—I ought to have seen all the affidavits , and they do not give one any until tho case is called on . ~ >& ATTORSEy-GiJSEBA ^ -Th at is not my fault . Mr . CodkBuRN—It is not mine . Mr . Justice Pattesox—At present , it appears to me as if this was rather too debateable a question , to be disposed of upon a motion . Attorney-General—If your lordship thinks that , it would not become me to take up your time , if that is to bo the result .
Mr . Justice Pattesos . —I have been cursonly looking over the 67 th clause ; it is not quito like a lottery , because all persons arc to have something ; it seems only a question of priority , I do not know if that is so . Attorney-General . —About the Bank it is plain . " Mr . Justice Wiqutman , —Looking at tho clauses ' , it appears that the Company buy Land from time to time , and when thoy have bought a certain quantity then they are to distribute it according to lots , bufc those who have lots ' are not to havo any more ! when the Company buy Land , it is for tlioso who have not . Attorney-Generai ,. —They are not to have any more—the calculation is , if a man is lucky—Mr . Juries Wioutman . —He gets his lot first . Attorney-General , —If he is very lucky ; if he is lucky the chance is that he gets it -in about 200 years .
Mr . Cockburn . —We arc so confident upon this point that wo should be disposed to tako it to the last resort . Attorney-General . —You must . Mr . Cockburn . —That is the reason why it should he put upon the record . Mr . Justice Wiqhtmm ? . —Tho Attorney-General , for aught I know , may be right . Attorney-General . —If your lordship thinks there ought to be a return I will not pursue it farther ; but there is another point which is perfectly plain
still I may be met by this observation—it is a matter of fact established upon their own statement— - viz ., that there is a company established , a bank of deposit and redemption , as to the Land Company . Now , if that be so—and it is , clearly , as their witness proves it—there can be no question about that , becausetlmtis expressly in violation of tho Banking Act , in every respect , and if my friends were to say , on the other side , that is a matter of fact which you have produced for the first time , though produced by their witnesses , we have a right to explain it , it would come to the same point .
Mn . Cookburk . —That ia entirely beside the question ; we are not registered for that purpose . Mr . Justice Wiqutman . —You had better say nothing about that . Attorney-General . — "So , you had better say nothing about that . You know you cannot register one purpose and carry on an illegal business for another . If your lordships-- think -a retura'Shoulcl be made , we do not wish to occupy the time " of the court in a discussion of the matter now , when it may ultimately end in that way . It would bo merely a waste of time .
Mr . Justice Patteson . —Li all probability ifc will come to that at last . Attorney-General . — The only reason—unless your lordships think that it is a good reason , I will not say the only , reason—for asking you to deviate from what I admit to be the ordinary rule , when , matters of law or fact are in dispute , and require a return and a solemn argument—the only reason I ask you to deviate from the rule is , that it will locls up a vast deal of money in the uncertainty which now exists in the country—many of the shareholders are labouring under , I must say , a delusion ,, wluch it is as well should be dispelled as soon as possible ; if that is not a reason why you should depart from the ordinary practice of the court I cannot press it upon the court .
Mr . Justice Wiohtmin , —If the money is locked up it will be safe until the question ia determined . Attorney-General . —Very well . Mr . Justice Patteson—It is hardly satisfactory to dispose of this on motion , I think . Attorney-General . —Then I must tako the return . " Mr . Justice Patteson . —Tho court expresses noopinion as to the merits . Attorney-General . —Of course not . Mr . Cockburn . —Then the rule must bo absolute for a Mandamus . Our rule is , that tho Registrar should renew the certificate of the provisional registry , which , in . the meantime , remains suspended ; we want a renewal of the certificate of thepro visional registry . Attorney-General . —He cannot do that ; he must returnuponthatas well . ^ Mr . Justice Wiohtmas . —Yes .
Mb , Cockburn . —Inasmuch as , unless wo get » renewal of the provisional registration , wo cannot get your certificate of complete registration ; wo would bo disposed to limit our rule to the first , the renewal ot the provisional registry , as there may be a difficulty on the rule . Mr . Justice Wightman . —That could hardly be objected to . Attorney-General . —My learned friend has a fight to model his rule now . Mr . J ustice Wioutman . —You ask for rather less ? Mr . Cockburn . —Yes . Attorney General . —You may do as you liko about that . Mr . Cockburn . —If you hare no objection to th « whole question being raised , I am quito willing to do so . AiTORNEr-GENBiut . —I don't see how it can bo . RULE ABSOLUTE .
Royal Polytechnic Institution.—Dr. Bacho...
Royal Polytechnic Institution . —Dr . BachofJ * ncr has been engaged during the past week at this establishment in delivering a course of most useful and entertaining lectures on Artificial Light } moro particularly for the consideration of oarburettetv hydrogen ; the lime light ; and , lastly , the voltaic or electric light . The lecturer commenced with numerous observations on the philosophy of the commoa house candle , and mention is made of tins household ware in the days of Pliny , but whether the specimen of candle now in use was the one referred to the Doctor could not say . The common candle , he said , however curious such a fact might appear , was in itself merely a gas apparatus , which was discharged from its wick , being of the same kind as- , that which now bums in our streets , namely
carhurettcd hydrogen . The attention of the auditory was then called to the quantity of carbon and th » amount of illuminating power possessed by turpentine , alcohol , oil , Ac , Turpentine , although possessed of a great amount of carbon , was not used for some time owing to the great amount of smoke it gave off during combustion ; this , however , wasnow obviated by the use of a sort of refined turpentine , called camphine . Alcohol , although , " when * burntof itself it would give but a palelhjht , was veryexcellent constituent in the production of a great illuminating power , and it was to be regretted that a more extended use of it could not be made . The learned gentleman then proceeded to show tho properties of the various lights , those into bw was not introduced , fully explaining
ot name without light . The Doctor most excellent discourse with hrilliant at once , of the limelight ; the Boccius the electric light . Af ^ ?? 1- ? « ' Los 8 E 8 . ~ A young ot very h . gh family , who lately married ter of a wealthy plebeian , the possessor landed estates , replied , on being told caste by the match , that it was no matter since he can console himself for the eatU b ytbiak . iugofth « iJWtt { dh % l » 8 gained ,
Ar00113
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which carthe the « y concluded bX & cxperiiSrJta ? liah £ ? $ m " » pK gentlftiia thod * i | g 1 of in $ fierSS | that M . loW f if ( to ha ' * . he hm kdt- ' , " \ J which carthe theer y > -rrr ? T ^ . lcludeij V & i &^^ isjhs . l eril Wx ^^^^^ sJ % gen # ^ rolJs » ii thQ d * i « nr ( tw ffl'ZzQ ^ ' " ^ H ' - ^ fj f ^» r ifb hS ^ Si W ^ H he h » ^ 0 ? m m S viiii ^
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Citation
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Northern Star (1837-1852), May 12, 1849, page 1, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_12051849/page/1/
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