On this page
- Departments (1)
-
Text (10)
-
QUEEN'S BENCH.
-
TO THE 2IEMBEBS ' OF THE NA - TIONAL LAN...
-
U J\ - * * m 4 ' J --T d not ii***^nTBTi...
-
AND NATIONAL $B$^ wygj». 603 ~ -wrffl-MA...
-
THE VICTIMS. TO THE CHARTISTS OF XOTTING...
-
Wakmxos op a SAGB^This true, that the wi...
-
Tip LAND COMPANY,. Robert-street, Adelph...
-
COURT OF QUEEN'S BENCH, 7th Max, 1840. P...
-
llOYAI. POU'TECHXIC Ix&TIY-l'TIO.V.—Dl'....
-
I* It *;
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.
-
-
Transcript
-
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.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Queen's Bench.
QUEEN'S BENCH .
To The 2iembebs ' Of The Na - Tional Lan...
TO THE 2 IEMBEBS ' OF THE NA - TIONAL LAND COMPANY .
My Friends , From the establishment of your Company dowHto 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 yonr present position —as-far as your legality ia concerned—I give you a verbatim report of the proceedings in the Court of Queen ' s Bench on Monday last , without the omission of a word , and which you mil find , and read -with _pleasnra and delight in this day ' s paper .
Ton must understand that the case in the Queen's Bench -was to argue -whether or no the Rule should be made absolute , to compel ihe REGISTRAR to register the Companyj devolving upon hira the responsibility of satisfying the Court that he was justified in refusing registration npon cause shown by his Counsel , or , rather—and most shamefully—hy the Counsel of the Government . In _tbJ 3 stage , he hoped to receive the judgment ofthe Court to put an extinguisher npon us altogether ; hut I have often told you , that , except in political cases , the beggar has as good a ehaiicfi as the Queen of receiving justice from the Judges of the Land .
By the report you will find that the _ATTOtt-ITEY-General had the day to himself , our Counsel , Mr . _CoCKBtmx , not even being called npon to answer him , both Judges agreeing in opinion that the Rale to compel the Registrar to show better cause than the _Attobney-Gexeiul Lad , 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 , who was Chairman of the Committee , namely—the illegality of the Ballot , and the connexion of the Company with the
Bans . _INbw these were the only two objections raised hefore the Committee , and are the objections now relied upon by the _ATTonyEV _Geneual , and you shall see how the view that I took of the lottery case in the Committee , precisel y agrees with the -view taken b y 3 _Ir Justice Patiesos in the Court of Queen's Bench . I will give you the evidence of Mr . IiAWES , the Government legal official , examined before tho Committee for two mortal days , and then you shall contrast it with the op inion of one ofthe ablest Judges that ever sat upon the bench . Zx' jxnination of Mr . Lawes before the Committee ,
taken from the Report : — 3 fr . _O'CoMfoB . —What , in your opinion , i s the meaiungof the term "lottery ?" Mr . Lawes . —A distribution by chance or lot . Mr . _O'Coxsob . —And as soon as the lottery is over , all connexion between the rogues and vagabonds and the holders ofthe tickets , ceases ? 2 dr . _XiAWfs . —That would be one description of lottery . Mr . _O'Coxxon . —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 the 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'CoxxoB . —There would be no further connexion between the proprietors and the holders of the tickets , and no further probable result susceptible of calculation by way of average , whether the _dialing took place in one year , or two millions of years afterwards ? " Mr . Lawes . —Just so . _31 r . O'Cossob . —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 ma single drawing would he one description of lottery .
Sir . O'Coxxob . — -In that case , at all events , there is no probable result that could be calculated by way of average , and no connexion would subsist afterwards between the establishers ofthe lottery and the persons drawing the blanks ? Mr . Lawe ? . —Certainly . Now such * was the definition of the term Xi lottery , " that I extracted from the legal official _, wliich , 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 Patiesos and Mr . Justice Wightjiax : —
Mr . Justice Pattesox . —I have been cursorily looking at the 67 th clause ; it is not quite like a lottery because all persons are io have something j it seems only a question of priority . I do not know if that is so . Mr . Justice "Wightsiax . —Looking at the clauses it appears that the Company buy land from time to ti-uc , and when they have bought a certain quantity & en they are io distribute it according to lots , but those who have lots are not to have any more ; when the Company buy land it is for those who have not .
_Uow , let me ask , if opinions of different parties could be more in nnison 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 mulerstand , All Senior Barristers have their Juuhr Counsel to get up the case for them , as it is called , and they cram their Seniors ; and tlie _Attorsey-Gexeral _' s Junior is , by way of honorary distinction , called his DEVIL . The Devil crammed bis master with a
clause in an Act of Parliament—and a -very stringent one—against , lotteries , but tlie Devil had not the sagacity—no , rather hail the sagacity—not io remind bis master _tii-it another Act , of the same reignthat is , George IT . —was passed , authorising parties to BUY LAND , and , baving divided it , to DISTRIBUTE it by lottery ; and this , as I bad 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 Attor-* "Ey-GENEBAi . tb . en turns to the question of tbe 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 ofthe Deed of Settlement waa the question before the Court , and that in that Deed there is not one word about the Bank .
Secondly . —That immediately after thc decision ofthe Committee , circulars were issued to every depositor in the Bank , mforming them bat in consequence of the opinion expressed by the Committee , all connexion between the Bank and the Land Company was severed ; * a _* i also relaxing thoso rules which required certain notices for withdrawal , and informing them that henceforth the Bank _atos an
indifidual Bank , that it had _nothing to do with _% Land Company , and that they must either _TOthdraw their deposits , or allow them to remain upon confidence in me . Hence , as the Attorxet-Gexebal relied upon a circular to prove the connexion between the Land Company and the Bank , if it was necessary—but it is not—I would set circular against circular . However , he was not aware that there is no connexion whatever between the Bank and the Land Company , any more _& an there is between the Land Company and the Bank of England . Thus , I thinkwemay assume , without anygreat extravagance of conjecture , that the Lottery and Bank Questions arc set at rest
5 s o doubt the industrious labourer , who cannot find any other safe investment for his little savings but land , will smile scornfully at that portion of the Atiokset-GIeseiiai _' s speech iri "which be wouldbase tbe illegality of the Land Plan upon the fact , thatit wasnot a scheming bubble , established for the purpose of traffic , and making profit for the projectors . " Ah -working men of England—if I had trafficked
To The 2iembebs ' Of The Na - Tional Lan...
m _yourfundsand traded upon your confidenceas some railway directors and managers have _dono—as long as my peculations were undiscovered I would have been a god ; even the saints would have deified me : but because I have heen the onl y dupo I am a devil , and the sinners would crucif y 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 shopkeepei ? ? 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 g ive you the most p ith y and the most conclusive sentence from the _Attoiixbt-G-exerax ' s speech , and one which , whether his office be ministerial or judicial , throws the whole onus of responsibility upon Mr . _WHTOLiiisii , the regT _^ _afr _^ Th ' g _^ TroRNEr-Gexeral says : — " And how is it possible that the officer , ministerially or officially , seeing this document brought before him , in express defiance and in direct violation of the words of the Act of Parliament , could register , or your lordships compel him 80 tO UO ? It 13 utterly impossible .
Let ns 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 p ower to decide , and the ri g ht to refuse provisional registration , based upon the illegality of the Plan ; wbile , if it was ministerial , in so gigantic an undertaking , and in which so much sympathy is NOW expressed for the dopes , it was his duty to consult the highest legal authority ; but who is the criminal , if there be criniinality ? 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 « as 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 . How , can there be a stronger reproach upon a public functionary , whether his office be judicial or ministerial—and is he not the person now fairly npon his trial , and chargeable with
any censure consequent upon delay ? At the Close Of the _ATTeRNEY-GrErJERAL ' _iB 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 ofthe Company in less than seven years , and at tbe end ofthat 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 tbe 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 , a _^ d receive tbe countenance of the Attorney-Gexekax , and tho protection ofthe law . But , no ; not when I did it for the poor , npon whose destitution and competition the trafficking profltmonger lives .
My friends , yon must understand that the case , as argued , stood thus—that we moved the Court ibr a Rule absolute , to compel tbe Registrar to show cause why he refused to register the Company , and that the _AttoRXEYGexebal put forth aU Ms 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 _Attorxet-Gexekai _, npon tbe 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 Attorxey-GexeraVs argument .
You must understand that Mr . Chixery , Mr . Roberts ' s partner , has had the management ofthe Company ' s affairs from the commencement , and I will venture to say that no professional man in England understands tbe position ofthe Company better than he does , and I will further add , that there is not a more cautious man or one that would be le 3 s 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 tbe report , with much pleasure .
Having now analysed tho arguments of the Attorxey-Gexeral , and having commented upon those arguments , and upon the opinions of the Judges , let me now for a moment call your attention to tbe 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 gigantic stature , 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 tbe most powerful system of co-operation ever attempted iu this or any other country , then the whole press of England , with tlie exception ofthe" Wakefield Journal , " opened its battery npon it ; the Free Traders 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 geonietrv . Then camo the abusive letters and malicious whispers of the ungrateful vagabonds who had been most successful . Then
camethelvingaccounts ofthe "WHISTLER , as to what he had witnessed at O'Connorville ; 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" aB his DEVIL ; then came the misreports of the Press of the proceedings of that Committee ,., until I was obliged to exclude them ; then came the discontent ofthe " POOR GENTLEMEN , "
who are too proud to work , and too poor to live without wages , ofa plan that was likely to rivet the sound mind of tiie working classes to a definite object , and from whose folly and enthusiasm they couhUno longer extract _coniribuiaons : next camo tho wrath of Bubble Building Societies , Benefit ; Societies , and all other bubble schemes ; then came the vengeance of the Government , ventilated through their legal official , and it was hoped that
To The 2iembebs ' Of The Na - Tional Lan...
legal power could accomplish what man ' s rascality failed to effect , and we wero driven to the last resort—the law ; and now you see the position that WE occupy , while the many projectors of railroads , who have not been prosecuted , have literally robbed the widow and the orphan of their mite . You can form no conception ofthe 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 . So that you understand the feelings of those profitmongers towards any plan which is likely to diminish their profit ou 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 _^ cenery . of these 900 acres which have' been so pompously advertised , as being worth It ' ' 10 s . an acre , and upon two acres of which , "IT 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 , " hut shall content myself with publishing the following description of this picturesque and magnificent prospect for the millions , from the pen of a most trustworthy person , who has visited it in the hope of tasting some ofthe promised sweets , and he shall speak for himself . Here follows his glowing description of .
"FREEDOM FOR THE . MILLIONS ' . " Dear . Sir , —Being a well-wisher of the working classes , I take the liberty _ofaddressingafewlinea to you , respecting the Freeholds for tho 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 Hathersage , 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 tho moor land flOO acres , which is quite a barren mountain , on one side very steen
and full of very large stones , of from two to ei ght or nine feet square . The other side of the mountainon the north—ia very wet and boggy . I saw and surveyed it myself on Saturday , April 28 th , and got all the information from farmers in the nei ghbourhood . I asked them what they thought it was worth an acre to rent it , and they all agreed that it was not worth _oi g hteenpence per acre . I would not have it at a gilt 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 I think it ought to be made known to thc labouring , classes before they invest their hard earnings under such delusions , which are well worthy of being exposed for offering such land to
the wowing millions , for it is only a snare and a delusion to say that two or four aerc 3 , 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 , & c . —I mean from the 000 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 he swindled out of their money . By doing so , you will oblige Yours , truly , John Asquitii , 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 onl y to add that I would cheerfully have given all I possessed for the judgment pronounced by the Queen ' s Bench ; and 1 may tell you that on Sunday last the Bromsgrove Estate was visited by numbers of persons from all parts ofthe kingdom , and each and all expressed something more than astonishment , -surprise , aud delight ; they said , " They could not have believed it . " There is an acre of beans , a half-acre of peas ,
a half-acre ofthe best "description of potatoes , and alargequantity of cabbages , planted upon each allotment , and there will be turnip and other seeds put in a portion of the remainder . Andl have to request that no man will venture a penny in tlie Bonus Fund until be examines the estate for himself , or , perhaps , it would be better and more economical , upon the principle of political economy , if they would club then " 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 hy the last Conference , that their names will be taken off the hooks ; and I again repeat what I have'hefore 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 , Feargus O'Coxxor
U J\ - * * M 4 ' J --T D Not Ii***^Ntbti...
ii _***^ _nTBTilM-i _/* J _!_
And National $B$^ Wygj». 603 ~ -Wrffl-Ma...
AND NATIONAL _$ B _$ _^ _wygj » _. 603 ~ _-wrffl-MAft * _- _^^
The Victims. To The Chartists Of Xotting...
THE VICTIMS . TO THE CHARTISTS OF _XOTTINGHAM AND ITS VICINITY . Brother Democrats , —Many appeals have been made to you on behalf of the good men and true who are suffering for the advocacy of your principles , without producing funds necessary for tho support of tho victims and their help less families . I have suffered in the dungeon for the cause of Chartism , where I found that tho worst torture I had to endure was the uncertainty as to whether my family could obtain the common necessaries of life ; and , _knowing from experience , what must be the bitter feelings of uncertainty and anxiety of our friends
respecting their families , I call on you , not to flag in ' your exertions on their behalf . If each Chartist in this town and county would pay a halfpenny per week to that Fund it would amount to more weekly than is « ollected all through the country . Up , then , and be doing . Let us show to our persecutors that we are Chartists , indeed , and as evidence of our sincerity let us attend tha meeting on Sunday afternoon to reorganise our movement , and set the Victim Fund in a mlit train for proper and regular collection . Lot no ° real Chartist he « ontent with giving his sympathv when he should and could give a halfpenny or collect from his friends . ''' , '„' * A Cuartist or Twenty _Ybars SnXBKW , AJID OXE MAT HAS SLTFBRED FOB IIS bAKE .
Wakmxos Op A Sagb^This True, That The Wi...
_Wakmxos op a SAGB _^ This true , that the wisdom Of all these latter times , in princes -affairs , SSr Wc deliveries , and shifting * of . dangers _ili _- HI mischiefs when they are . near , —than solid and Sv masteries with fortune ; and let men beware hnwihev neglect and suffer matter of trouble to he 5 veDS , _^ lr no man can ' forbid the ; spark , nor Flu See it may come . The diffic _ultiesm princes _SileWe many and great , but the greatest _difficuSv is o ften : in their own mind : it _^ common _Suririces ( said Tacitus ) to - will contradictories ; _-fwf _^ _thVsolccisuv of po _^ _r to think to command the end ; . aud yet not to endure tho means ,-, _^^^^ _Sivh . _^ Th _' e _^ c _^ r 6 f _Imjgar I * ' , _ided taat grocers have no legal _^ _* n S _SS _^ df sugar , te take / off the _wffVoftt _^
Tip Land Company,. Robert-Street, Adelph...
Tip LAND COMPANY ,. Robert-street , Adelphi , . - _'•*• 8 th May , 1849 . _v _*; Dbar SfB _,-The fesu . lt of the proceedmgi in , the Queen ' * : Bench yesterday I think highly favourable ,- ; and should restore much of the _^ coiifidcnce tff the' many thousands interested m the . prosperity of the Company ; as what fell from the Court was decidedly " in favour of the question of its legalit y , and confirmatory of my own , and the opmioti of Mr . Sweet , the conveyancer , who-io ? carefully settled the provisions of the . Deed-of
Settlement . __ 1 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 bow Incorrectl y these things are reported usually , and thinking it most desirable that the whple of the shareholders should have an opportunity of reading every wovdthatiwas said on . the motion , I employed a ' shorthand wrii | r to take a verbatim report ; , aiid beg to , _lagttfc you the- transcript of His notes for- inse # 8 ffltf"iM " StarV . _oI _^^ 0 _^ : ' lam , dear Sir , yours very ' _faitfifuil ) _% ; Gr . W . ClilNERY . To Feargus O'Connor , Esq ., M . P .
Court Of Queen's Bench, 7th Max, 1840. P...
COURT OF QUEEN'S BENCH , 7 th Max , 1840 . Present ;— -Mr . Justice Pattesox and Mr . _Justico Wigiitmaj * .
THE NATIONAL LAND COMPANY wrsus WHITMARSH . _AiTOENEr-G-ENERAi . —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 him 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 , becauso 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 Bay—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 , Iain to contend , before I bring under your lordships' notice , shortly , the , circumstances of the case which are hot in dispute between me and my learned friend , that there are several objections . upon which I apprehend your lordships will not compel Mi ' . Whitmarsh to provisionally and completely register this
company . One question will be ( which I will discuss last , but I had better mention it now first ) , the nature ofthe office ofthe 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 wouldcnable 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 couldnot be registered , independently ofthe 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
Deed , 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 i 3 a . lottery ¦ and , secondly , that , in connexion with the 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 evidenco 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 banking , depends upon an exhibit of the evidence 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 tho case;—first of all the question is , whether it is a company within tho Act of Parliament— ' th © statute ia the 7 nnd 8 Vict ., cap . 110 , and thb 2 nd section—I will hand this one up to the court—tho 2 nd section shows to what companies the Act is to apply : — Bo it enacted , that this Act shall apply to every Joint Stock Company ns hereinafter defined , established in any part of tlio United _Kingdom of Great _llritain and Ireland , except Scotland , or established in Scotland , having offices ( _so-and-so ) and haying an office or place of business iu any other part of the United Kingdom for any commercial purpose , or for uny purpose of profit , or for the purpose of assurance or insurance , except Banking Companies , & c .
And that the term ' Joint Stock _Compaii--, " shall comprehend every partnership whereof tlie capitnl is divided or agreed to he divided into shaves , 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 docs not come within the specific enumeration . Is this a company established for a commercial purpose , or for a purpose of profit ? Now , ray lords , the-Beed is set out in tho affidavits , and your , lordships will find that the object of tho company is stated in the third clause of the deed .: Perhaps It will be convenient that ! should hand it up , if your lordships will refer to the third clause : —
_TJib business of the company shall be the purchasing of land in various parta of the . United Kingdom ; aiid erecting _ousuchland dwellings to be . allotted to members of the , company in such maimer , for Ruch estate _. mid upon ' such ' terms ' and conditions as shall , from time to time , be named under the provisions of the . Deed of Settlement _jandalno tlie raising , a fund out of which sums of money shall be paid to , or applied for , the ' benefit' of membra being allottees of land ; and also the raising of money for the purpose ' s aforesaid by sellingj . iiiWtgaging ; or disposing of such e * tate and interest in / . or charges upon , tlieland to be purchased _, by the company as shall be rcsorved ' tor that piiruoso under the provisions of the l ) ecd of Settlement , nnd such other business asisor aludLbc necessarily ou ' eonveuieufty ; ineldcut to the business and _uurppjos aforesaid ,, : ,., ;; .. * _< . Now ;> . tkat is ; thp , object . , _iof ; the .. .. company , aiid . _tfiati _^ object ;; is ' further '' carried -into effect by other clauses of the deed—which
Court Of Queen's Bench, 7th Max, 1840. P...
I will read presently to the court—which direct that this land being purchased , and houses being erected , the various contributors are to draw lots for their occupation , aiid to take possession o £ the land hpoh 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 plain , 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 ibr , mercantile purposes which allows them to traffic in trade and business with a view to profit for tho benefit ofthe
various members ofthe company . This is simply a Land Company , -partly " a Building Company , to which the Act of Parliament expressly says , that registration shall not apply . Isittbenfor any purpose ' ofprofit ? / The meaning of " purpose of ; profit" - is - in connexion with mercantile pursuits bV trade , where people are investing . their mone- _jv _^ _d'buying and selling for the purpose of - obtaining profit _^^ M . ¦ _## _$ » . s" _companies ';; establislied ; iot _by'the _& _rMfe _^ building upon the land * so purchased , and _iillotting houses for the residence of the allottees ,
and then determining , by lot , or lottery , who shall he . " the fortunate holder of tho land so purchased . I apprehend the court will clearly see upon the face of this deed that is set out on my friend ' s affidavit , that this is not a company established for any mercantile purpose , or for any purposes of profit ; it is , in truth , a Land Company for the purchase of land—a Building Company , which is expressly excluded out of the Act , and , therefore , tlie Act does not apply at all . But it is quite plain that if your lordships are to look at _the-u-oi-ds , and see whether this ig 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 largo to which tho Act applies , and there is no such provision in the Deed . The company , quasi Company , can by no possibility make any 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 cultivating a portion of this land . Now I again tako tho liberty of saying —( though it may be met on the other side by this observation , that this rises at the onset a point of law to be discussed , and , therefore , tho 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 havo it at once determined upon the matters which , in truth , are now before your lordships . My friend apd 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 ofthe 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 lega lly take l and hereafter , which , I fear , thoy will never be legall y entitled to . Now , upon tbe second point , I say it is a lottery , and that it is expressly within the provision ofthe 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 June , 1739 , erect , setup , continue , or keep any office orplacc uu-. _der tlio denomination of a sale or sales of houses , lands , _udvowsons , 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 iu the whole to _lai-ge sums , to be divided among them by chances of the prizes In some public lottery , or lotteries established
or allowed by Act of Parliament , or shall deliver out , or cause , or procure to be delivered out , 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 deviee , whatever depending upon , or to he determined by any lot or drawing , whether it bo ofa 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 ofthat deed : — The Directors shall , from time to time , as opportunity shall occur , and the funds and means of the company shall allow , purchase such lands either of freehold , or copyhold , or customary tenure , nnd either held in "fee simple , " in " possession , " or for a certain term of years , _« te ., 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 , . ivhieh shareholder so entitled to allotment , and having at least fourteen days before the day appointed tor making any allotment sent iu to . the secretary a notice _requiring to be put upon the list of qualified _BhavehoWers for such allotments , are hereinafter called qualified shareholders , and the Directors shall , from time to time , divide such lands a * shall have been so purchased into allotments of two , three , and four acres respectively , or us near thereto as convenience ami the relative value of the ditturent _iiortiotis thereof will allow .
Then it goes on to state , near the end of the Deed , after directing how it is to he arranged : — And the Directors then present shall proceed to _detei-mine by lot . the qualified shareholders hy 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 bo numbered in arithmetical progression—1 , upwards—and
written on cards of equtl size , and placed m a vessel ueiore the chairman of the _nieecliig . Tlio mimes of the _quaiined 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 draw the cards containing the names ofthe qutilihed shareholders , and the numbers ofthe 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 _Directoi-3 _, instead of allotting any land- or property which they may haye purchased as aforesaid , to sell , or otherwise dispose of the same . Then , before any shareholder receives possession of his allotment , he shall cause a cottage to be erected , and soon , and make provision for improving the laud . Now , nobody can read that clause without seeing expressly there is a positive lottery in tho old-estahlishedform , because certain persons out of many thousands who have paid their subscriptions , by small sums annually , aro - to have their names inscribed upon cards , which _areto'beput in one glass in the presence ofthe Chairman . . Mr . _JijSTicu ' _SViohtmas . —Those who are qualified * persons ? ...
, , _Attorney-Geseral— ThoBe who are qualified ,, — that is , those who have paid up their calls . On the other hand tho numbers , of the _certificate ; aro placed in another glass , and . two drawers _ajft ap _: pointed to draw the names and numbers , attic prizes , and the persons , tho fortunate holde * _- * , who are declared to be the owiters , are entitle _^ to have possession of tho ' particular ¦ _allotments '• This is exactlv tho . ordinary : description of a commoh lottery , and it is precke _)** -- _* . h ' m the words of this / Act of Parliament , . ' _" e _. cct , set . ' up , continue , or keen , any office or , place under the ihinoniinaUou of a sate or sales of houses , land , Ac , " " or other things - ' . _^ there can bo no _question ef that . , . Mr . _Justic _* Pattes ' o _* _- _- . —And " prize tickets ' V ' ' . ATTon . VKy-GsxKRAi . _;—Yes , and ; they _ojijurossly _, in " tlie / terms ¦ of'this / clause , ' 67 , and the , ' followtji ' g _cl-iuses _, hot only talk of a"lottery , " in fact > mit tails Of " prizo tickets . " I appreh . R 4 nobody _Uy _& g
Court Of Queen's Bench, 7th Max, 1840. P...
U - * * m 4 ' J _--T can doubt oh this _^ _whieh does not admit df " matter * 01 dispute , —this is , not like a question which can ho altered l > y facta hereafter , or require , m _truth _^ ahy long consideration upon the m , _nter ; it _lshipbtf tltt 7 i . ico of thoir own Deed , sot out _uponljbeirQP . n affidavits , tho , Deed which Mi . 1 \ _hitmariih , i » _ro-fy quired to register md gue -luthonty of _J-vw _. to— _^ , they arc to allot and hyp , lzes distribute tbVvoVy ' and in defiance of the Act of Parliament . I _apprehead thero can be no question upon thiimatter ; we arc not here upon whit thev may do _^ hcroafter ; ' wo are now upon thu Deed _** ' Inch they ' require Mr . ' "Whitmarsh to register . And how is it possible tl'aO the officer , - -ministerially or oniciallv . _soeiDir _. this ' . * ¦ k _^/ . , .... ... _ _
.,-document brought _jueforo him _mispress . dejahce , and'indirect , violation of tho words of _tho-Act ot 'Parliameiit , / could i cgistcr , or yburlonlships compel him to do so . ? It is utterly _invpossibta ! "With respect to tho . _otlicr point , Imeiely wish to ' bung it , shortly " , before your lordships , upon the _illegality of this - matter . ' ' We say tho company is -illegal , _beoauso it carries on business in London as a / bank in express violation ofthe Banking Act . Sow this matter , I must admit , does not arise upon thoir Deed , and does not arise upon thoir . affidavits ,- bus it-arises in this way : —a Committee was appointed ' to inquire into this Land Coinpaii }' . ; several _gen- < . «« _tvnous in Lino nay , —¦» \ _juiuiiubicu «« o ¦ j _» _-v _. « n , i . u to inquire into this Land Compaii } ' _^; several _gen- < .
tlemen , in connexion with' the company , were ex- ' amined , and gave evidence before that committee , their manager , Mr . M'Grath ; and Mr . _Vfbitmarsh baring his attention drawn to that—I am told Afr : M'Grath was tho secretary , not manager—has state d to the court , by exhibit , tho evidence which they gave , which ho says he believes was g iven , and ; which he believes to be correct . Now it appears this bank was established , I think , originally , in the . ' . "" _, year 184 U ; it was established in ' connexion '" with , ' . _-ind as ' a partof , this Land Company ; it is carried ; on at tho same office as the Lanil Company , iri Oxford-street , and , I think it was done hy circulars . ' Lwill read one .
. Mr . Cockburn- —Where does that come from ? _Aiiobmkt-Gknhkai _^ -I am going to read tho eir « euhvr . Mr . Cockburk— "Where does that purport to ho ? r _Aitcrnby-Ghnsral—This is tlio affidavit of Mr . Whitmarsh . Iiam going to read the circular of 1847 . ? Mr . ' CocxBUR * f—I ought to have seen all the affidavits , and thoy do not give one any until tho case is called on " .- _¦ > - " - '• _---.- : - - •• . _-.. ' . / Attor . vkttGssbkal—That is not my fault . Mr . ' Cockburn—It is not mine . . Mr . Justice . Pattesox—At present , it appears to mo as if this was rather too debateable a question to be disposed of upon a motion . ATTonxr . r-GnsKRAb- _^ -lf your lordship thinks that , it would net become mc to ' take up your time , if that is to he the result . Mr . Justice I'attkson . —I havo been cursorily
looking over the 67 th clause ; it is not quite liko a , lottory , because all persons are to have something ; it seems only a question of priority , I do not know if that is so . Attohxby-Gkkwal . —About tlie l ' ank it is plain . Mr . Justice Wioiitmax . —Looking at tho clauses , it appears that the Company buy Land from time to timo , and when thoy havo bought a certain quantity then they are to distribute it according to lots , but those who have lots aro not to havo any more when the Company buy Laud , it is for thoso who have not .
ATTORXET-UF . yF . itAL . _—l'hey are not to have any more—thc calculation is , if a man is lucky—Mu . Justice Wiohtmax . —lie gels his lot first . _ Attorxkt-Genkral . —If ho is very lucky ; if ho is lucky tho chance is tliut lie gets it iu about 200 years . Mr . _Cockbuk _** . —Wo aro so confident upon this point that wo should ho disposed to take it to the last resort . Attornky-Gknkrai .. —You nni 3 t . Mu . _Cockruun . —That is tho reason why it should be put upon the record . Mb . Justice Wiohtmax . —Tho Attorney-General , for aught I know , may he right .
Attorxky-Gkxkrai .. —If your lordship thinks there ought to be a return I will not pursue it farther ; but there is another point whieh is perfectly plain ; still I ma y be met by this observation—it'is a matter of fact established upon _tiieir own statementviz ., that there is a company established , a bank of deposit and redemption , as to the Land Company . Sow , if that be so—and it is , clearly , as thoir witness proves it—there can be no question about that , _because that is expressly in violation of tho Banking Act , in every respect , and if my friends were to say , on tho other side , that is a matter of fact which you have produced for the first time , though produced by their witnesses , wo have a riglit to explain it , it would conic to tho same point . Mu . Cockbukx . —That is entirely beside tho question ; we are not registered for that purpose . Mr . Justice Wiohtmax . —You had better say nothing about that .
Attorxey-Gexeral . —No , you had hotter say nothing about that . You know you cannot register one purpose and carry on an illegal business for another . If your lordships think a return should 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 Pattesox . —In all probability it will come to that at last . Attor . nky-Gexkrai ,. — The onlv reason—unless
your lordships think that it is a < rood reason , I ' will not say tho only rcason-for _askfnjr you to deviate from what I ' admit to be the ordinary rule , when matters of . law or fact aro 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 lock up _; l vast deal of money in the uncertainty which now exists in the country—many of the shareholders arc labouring under , I must say , a delusion , which it is as well should be dispelled as soon as possible ; if that is not a reason why you should depart from tlie ordinary practice of the court 1 cannot press it upon the court .
Mn . Justice Wiohtmax . —If the money is locked up it will be safe until the question is determined . _Attouxey-Gexeral . —Very well . Mr . Justice 1 _' attesox—It is hardly satisfactory to dispose of this on motion , I think . _Attorney-Gkxerxi .. —Then 1 must take the return . Mr . _Jiistick Pattesox . —Tho court expresses no opinion as to the merits . Attorxey-Gexerai .. —Of course not . Mr . Cocrbui'X . —Then the rule must be absolute for a Mtiidamus . Our rule is , that the _Ite-jistrar should renew the certificate of tho provisional registry , which , in tiie meantime , remains suspended ; we want a renewal of the ccrtiticato of tho pro visional _, registry . Attouxky-Geseral . —Ho cannot do that ; he mu 3 fc return upon that as well . Mr . Justice _Wioiitm-vx . —Yes .
Ma . Cockbl-rx . —I nasmuch as , unless wo get a renewal of the provisional registration , wo cannot get your certificate of complete registration ; we would be disposed to limit our rule to the first , the renewal ol the provisional registry , as there may bs a difficulty on the rule . Mr . Justice Wiohtmax . —That could hardly be objected to . Atiorxby-Gkxkrai .. —My learned friend has a right to model hia rule now . Mr . JcsriCK _Wigiimiax . —You ask for rather less ? Mr . _Cockbi-rx . —Yes . Attorxky GbXeral . —You may do as you _lika about that . . ¦ . Mr . _Cookiiurx . —If you hare no objection to t $ & whole question , being raised , I am quito _willsag io do SO . _Attokxey-Gexerai ., —I don ' t see how it can l _* . RULE ABSOLUTE .
Lloyai. Pou'techxic Ix&Tiy-L'Tio.V.—Dl'....
llOYAI . POU _' _TECHXIC Ix & _TIY-l'TIO . V . —Dl ' . _BittllOHuev lias bean engaged during thc past week s & this establishment in delivering a course of most- usefu ' . and entertaining lectures on Artificial Light ,, j more particularly for the consideration of car ' toirettec hydrogen ; the lime light ; .-Mid , lastly , _ihe _^ l _taico _t electric light . The lectures-commenced wish numerous observations on tho ghilosophy of th * common house candle , and _mentioa is made of this * * householdware in the days of Pliny , but whethoa- tho specimen of _candle now in u ;; a was the one- referred to , the _Doctor could not s _: vv . Tho _comme-n candle , hej said , however curious sack a fact _migjiAappear , was in _itseif merely a gas apparatus , _vAieh was _digtchargwl from its _wicfe , being of this * samo kind !» s that -arhich now . bur / as in our street , * _^ namely _caT | * kiretted-hydrogen . The attention , af tho _audijiory was-then called tQ > ihe quantity os" carbon _an-ii tho _aiuj & unt of _illuminating power r _^ _-esessed by t _^
rpentiac , alcohol , oi » i , < fec . : _. _Turpsuiiaie , _althouga _possessed of ii _grega amount of . _Gi-, _* * bon , was _t _^> % used . for some time , awing to tho _gji'eafc amouiit . bfsmoko it gave off ( _kijiag combHst _«« i : this , _botx-ifvor , was now-obviated ] by tlie use c «? 'J" sort of vefi _* ii - _* d turpen-. tine , calWdl-camphinc . -.. * Alcohol , nltWugh _wheu burntof iljself it would _gr *» but a pale _$ ( ght , was ve _** y excellQuJt . _constituent ta tho . produfciion of . a . g )<*& t _illumisftt-iwg power , i _» _wl it was . to _,-i » regretted . ihaV amo _^ _ft extended us _* of it could n _^ t be . niiide . i- Tho _lcaa-K _^ d . gentleman ' . _itto . proueudi _^ . to show tbo _pro-, _polios of the van ** *** - lights , tUiso into _wlueh carbail was _liotinftoAucau , fully Kiplaiiiiiig _lh _& theory df _ttome - ' _vfithwi ! - light . ' _TliU '' _- '] 6 oebr , ' cbnolii ( lcd his most _excelled , discourse _wfth-brilliaiit Vxperiments _, at-once ; of _ihe * lime light j : tho _Ucic _^ _hw light ;• and the _ulectrio-light . ,.- _.-. - ; : •; : ,- • • .. ¦' - _..- •• : ¦ .- ¦ _- . . . / . " ;
A Ga _;* ikii hy liis Lo 83 _ks :- _^ -A- young ; gentleman , of-very . high family , who . latel y _-, m » _-riud ! h ?; -laughter of . _a-weaHhy ' plobei'in , tlie WiseWr . of immense landed' estates , ' replied , on 'b eing told llivibh ? - lost caste by tho . _inat ' oh , that 41 wa s noiiiatfor _ifhe . had _siueehe can _^ oiisole Iurnjclffdi * tlie tuste ho has ' os < _by-think _lftS ofthe moaid . be has jj ;\ _ii' ? _'i ;
I* It *;
I * It *;
-
-
Citation
-
Northern Star (1837-1852), May 12, 1849, page 1, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns3_12051849/page/1/
-