On this page
- Departments (1)
-
Text (8)
-
Untitled Article
-
Untitled Article
-
Untitled Article
-
Untitled Article
-
Untitled Article
-
QUEERS BENCH.
-
Untitled Article
-
Untitled Article
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.
Untitled Article
TO THE MEMBERS OF THE NATIONAL LAND COMPANY . My Fhiesds , From the establishment of your Company < l < wu to the present moment , everything in Connexion -with it has been transacted in the snost 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 you & verbatim report of the proceedings in the Court of Queen ' s Bench on Monday lasf ^ without the omission of a word , and which you will find and read with pleasure and delight jn 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 the Begisxsakto rcgisterthe Company , devolving upon him the responsibility of satisf ying the Court that he was justified in refusing registration upon cause shown by his Counsel , or , rather—and most shamefally—by the Counsel of the Government In this stage , he hoped to receive the judgment of the Court to put an extinguisher , upon ns 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 Attoehey-Genekal had the day to himself , our Counsel , Mr . Cockburn , not even being called upon to answer him , both Judges agreeing hi opinion that the Bale to compel the Registrar to show ; better cause than the ArroRNEr-Ge \ era £ had , for not registering the Companjj ^ must be made absolute . ,. If However , the ' qu ^ otfh ^ Wo ^ heen argued upon the pro ^ wi ^ 'l ^^^ on -llJy' ^ BDE " TTA"V'rKJRl ' xJiia ma' rfh ' n . mnnn ' nf . ' ihi * Clnm-— i
< —r--- >; ~ 5 * . ! "nr- '' > iT *~~ - " " as ? « w ' ^^®^^ S ao { l : tae com ? e 2 ^ a ^ Ojr ^ iwvUompi ^ t ^^^ iJank . Now these were the onlytwo objections raised before the Committee , and are the objections now relied upon by the AixoBNEr-Geneeal , 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 Patteson 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 opinion of one of the ablest Judges that ever sat upon { he bench . Examination of Mr . Loaves before Hit Committee , taken fromthe Report : — . JUr . o'Cossob . —What , in your opinion , is the meaning of the term "lottery ?" Mr . Lawe 3 . —A distribution byjchance or lot . "Mr . O'Cokkob . —And A 3 soon as the lottery is
over , all connexion between the rogues and vagabonds and the holders of the tickets , ceases ? 3 fr . litres . —That would he one description of lottery . Jfr . O'Consob . —With respect to those lotteries { hat 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 Wank and prize ? "Mr . Lawss . —That , certainly , is the ordinary description of lottery .
Mr . CCoxsok . —There would be no farther connexion tretween the propr ietors 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 , 4 fi wo millions of years afterwards ? Mr . Lawes . —Just so . Mr . O'Cossob . —That is the distinct meaning of a lottery . Mr . Lawes . —Of one description of lottery . Mr . O'Cojisob . —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'Cojisob—In that ease , 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 of the lottery and the persons drawing the blanks ? Mr . litwzs . - —Certainly .
Uoweucb . 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 Itetween 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 Pateesos and Mr . Justice Wightman : —
Mr . Justice Pattesos . —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 if that is so . - Mr . Justice 'Wighihjuj . —Looking at the clauses it appears that the Company buy land from time to time , and when they have bought a certain quantity then they are to 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 .
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 then * Seniors ; and theATTOESEr-GESEKAi ' s Junior is , by way of honorary distinction , called his DEVIL . The Devil crammed Ms master with-a
dauie in an Act of Parliament—and a very stringent one—against lotteries , but the Devil had not the sagacity- —ho , rather had the sagacity—not to remind Ms master that another Act , . of the same reignthat is , George IL—was passed , authorising parties to BUY liAND , and , having divided it to DISTRIBUTE it by lottery ; and this , as I had previously informed yon , even if our acts were in violation of all other Lottery Acts- ^ -which they are not—would be our justification for distribution b y lottery .
Being foiled in this argument , the Aiwm-SEY-GEXERALthen turns to the question of the illegality of the Bank being in connexion with the Land Company , bnt appears to be wholly ignorant of two stunning facts . . Firstly . — That the Registration of the Deed of . Settlement waa the question , before the Court , and that in that Deed there is not one word abont the Bank . SeconcSy . —That immediately after the ; decision of the Committeeycircnlars were iesned
to every depositor in the Bank , informing them that in consequence of the opinion expressed by the Committee , all connexion between : the Bank and ihe Land Company- waa severed ; and also relaxing those roles which required certain notices for withdrawal and informing item that henceforth the Bank was an individual Bank , that it had nothing to do with the Land Company , and that they must either ^ flidntw : their deposits , or allow them to reiaain upon confidence in me . -
Hence , as ^ the Atxob >* ey-Geneeal relied upon a circular to prove the connexion between tha Land Company and the Bank , if it was necessary—but it is not—I would set circular against circular . However , he waa not aware that there is no connexion whatever between the Bank and the Land Company , anymore than there is between the Land Company and the Bank of England . Thus , IiJunkwemay assume , without any great extravagance of conjecture , that the Lottery and Bank Questions are set at rest . - — v : ' : ' ' \
3 fo doubt the industrious labonrer , who cannot fi nd any other safe investmentfor his little savings but . land , will smile scornfully , atlthat portion of the Attoeset-Genebal ' s speech , in vMch he would base flip Blegality of the land Han upon the fact , that it . was not a scheming bubble , established for the purpose , of traffic ; and making profit for-the projeetor 8 . -:-. Ah ! worKsg men of England ^ -if I bad trafficked
Untitled Article
m yonrmndsandtraded upon your confidenceas some railway directors and managers have aone--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 dupe 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 theI name of the Government was a delusioDj and all their little savings are lost .
t&e I will now give you the most pithy and the most conclusive sentence from the AttokjfEr-GEKEBAL ' s speech , and one which , whether his office be ministerial or judicial , throws the whole onus ; of responsibility upon Mr . jyHrxMARSH / tiie regifit ? ar ^ Th . e Aiiorney-GENEaa « ay >? 2 £ . - ^ ii . ^^ f ^ B . -rv .-H- •* ¦¦ '¦ ¦ > - ¦ \ i " And how is it possible ^ S ? ttie * $ & $ ~ 1 iipi * 8 t « r rLj ^ Tor . ofic zalJ 7 , 6 erfflg ^^ euin ea |*^| M ter , or your lordships compel bim 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 poorer 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 wbich so much sympathy is NO TV" expressed for the dupes , it was his duty to consult the highest legal authority ; but who is the criminal , if there be criminality ? "Wh y , 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 . JNow , can there be a stronger reproach upon a public functionary , whether bis office be judicial 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 attwo million years ; but now I will make an assertion , which I defy all the accountants hi 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 yearsrto 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 ror 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 proyisionsof . a trading profltmonger , and receive the countenance of the Attoexey-General , and the protection : ofthelaw . But , no ; not when I did it for the poor , upon whose destitution and competition the trafficking profi tmonger 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-GeneraIj 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 Attobney- 'Se nerai , upon the two points of presumed illegality , DID MAKE THE RIILE ABSO ^ LTJTE , the Judges hinting their opinionswhich was all they could do—most clearly and distinctly as to the weakness of the AfXORNEYGeneral ' 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 Reqistrae—and you will read his letter , accompanying the report , with 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 presumedthat 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 stilting and concluaive then ai 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 ' , ' WakejieldJournal , " opened lie battery apon it ; the FreeTraders denounced it—they hiredBoBSON ; the / 'Flogged Soldier , " and others , to write about what they understood as much of as an Irisn pig does of geometry . Then came - the abusive letter ^ andmalicioiis wMq ) ers of the iragratefiiTvagai wnds who had been most successful . Then
camethelymgaccountsofthe' ^ WHISTLER , " as to what ^ he had -witnessed atO'Cqnnorville ; then came the flisconteht of thouaands , who fiad given a credulous ear to the . elander bf our enemies fitien came ; the Committee of the House of Commons , wi&the Judge Apyo" cate , a Ministerial tool , as the Chairman , and tie "FUMT" ashisDEYIL ; then came the misreporfa of the . Press of the proceed ings of . that Committee ,:. until ^ I was obliged to" exclude them ; then : came the disconfent ' of the " POOR GENTLEMEN , "
who aretodTproud to work , and "^ toopoorto live withont wages , -of a plan that was likel y to rivetthe soundmmd of tie working classes to a definite object , ahd from whose folly and enthusiasm they could no longer extract' con- " tribntioiis : nejtt ca » e ; the wraflt of ; Bubble Building Societies , 'Benefit Societies / and all other hnlibh schemes ; then . came the , vengeanee of the G ^ vernmen ^ . yentilateo ^ tiirbng h heir legal officij ^ and . it waa hoped- that
Untitled Article
legal power could a ^ cpmpii ^;' what man ' s rascality failed to effect and we were-driven to the last resort—the law ; and now" you see the position that WE occupy / whilethe many projectors of raiboads , who have not . been prosecuted , have literally robbed the widow and the orphan of their mite . : ' ¦ ' You can form no conception of the hostility which Free Traders , the professine friends |
of the poor , still Teel towards" this Labour Regeneration Plan . " It was only this week that one of them , said to a person who called npon him , "We must aend ^ the'Whistler ' down to these esfates , to give his version of them ; " but he forgot that his old friend was in limbo . Sothat you uuSerstand the feelings of those profitmongerB towards any ' plan which is likely to diminish their profit on labour traffic . : ¦ ;¦" ,.
You have not heard a word of abuse of the CoBDEN-SCHOLEHELD
" FREEDOM FOR THE MILLIONS " Plan . No . The' ;** Whistler , " nqdoubt , will be liberated to' write ; upon the picturesque scenery of . these 9 Q 0 acres which have been ; so pompousl y advertised , ; as beffl S worth 1 ? . 10 s . ' ^ aiiaarel and ' upott ; i ^ o ^ acrei | of which , ; ; ^ Tr ^ II ^ WiASCERtoNEDy ^ ROM ^^ WIiMi » 6 E ^^ M ^ 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 r 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 soine of the promised Bweets , and he shall speak for himself . Here follows his glowing description of - ; - * -
" FREEDOM FOR THE MILLIONS . " DEiR SiB ,--Being a weU-vjishcr of the "working classes , 'I take the liberty of addressing a few lines to you , respecting the . " Freeholds for the Millions , " which appeared m theStaren the 1 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 Bathersage , twelve miles from Sheffield , on the coach road from SheffieM to . Glossop , turning off at the right hand at Ashapton . . The arable land is 200 acres , " andthe moor land 900 acres , which is quite a barren mountain , on one side verv Bteen .
and full of very large stones , of from two to eight or nine feet square ; The 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 they thought it was worth an acre to rent it , and they all agreed that it waa not worth eighteenpGnce 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 growa cabbage or a potato . Therefore I think it ought to be jnade known to the labouring classes . ' before they invest their hard earningg undop such delusions , which are well worthy of being , exposed for offering such land to
the working millions , for it is 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 th « y might go to the market with , as they could not go with potatoes , wheat , turnips , cabbages , &c—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 , \ : Johx AsquiTB , 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 judgment pronounced by the Queen ' s Bench ; and I" may tell you that on Sunday last the Brbmsgrove 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 . " There is an acre of beans , a half-acre of peas ,
a half-acre of the 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 . Ahdl hayefa jequestthat uoiuan vrill vpnturo 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 JosnuX Hobson as inspectors , 'from whom they would be sure to receive a faithful report .
I have now ' nomore to say than this : that I win not bear , with the indifference , neglect , and dishonesty of unpaid-up members any longer ; that I wiU not do for 70 , 000 people what justice , from , a portion of that number , would effect fpr the' Company ; and I tell those who do not pay up their weekly instalments , according to the rules prescribed by the . last Conference , - that their names will be taken off the books ;; and I again repeat what I have before stated , that I am determined never to relax my exertiong in furtherance of my plan of FREEDOM FOR THE MILLIONS . Your-FaithMFriend and Unpaid Bailiff , ¦ Feargus O'Connor .
Untitled Article
' : the victims . ; . to the : chabtists ~ of Nottingham 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 the support of the victims and their , helpless families . -. 1 ; 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 ; and , knowing from experience , what must be ^ the bitter feelings of uhcertauity and anxiety of our- friends respecting 4 h « irfaniiUe 8 i I call on you , one and ali i not to flag hi your exertions on their , behalf . As it i 3 impbssibleto collect theTictim Fund from parties willing to eive their mite , without some kind of
system for , that purpose , and as there is a meetuig ot Chartists at the Balloonpublic-house on , Sunday wterriootf next / for that and other purposes connected with the agitation , I hope our friends will attend froni all the localities inlandaround Nottingham ^ and there organise some . efficient' plan for the regular collection of theJVictim Fund . If * each Chartist in this town and county would pay . one ; halfpenny per week to that ' . Fund it would amount to more weekly than is collected all through th c country . . , Up , then , and be'doirig : ' Xet . us show W our . persecutors that we are' Chartists , indeed , and as evidence of otosmcerity let is ' atfend ' the meeting on Sunday afternoon to reorganise our mWement , ani setthe VictimFiind in ft riffht train fop ' . pi-opei' and regular collection . Let no real Chartist be content with giving hid »
ym-Why ¦ when , he should and could give a halfpenny or ¦ oUect'froinhis friends ., An hour at the meeting on iSuhtfav . will serve our cauEe and re lieve our uicar-Iceratedifriend f ' and their families , to ^ n extent you ¦ are'little aware of . " / ' ? .- ... .. ; - ' " , . \ ? tf ( jHABHS ' r Of TtfENTT TSARS' StANpiffO , . , , :, ; ; Jtip OXB IHAT BAS BtJEKBREl ) FOB ITS BA ^ . ; ' ; P-R ^ -We had WW Batker , of ^ Wortley , lecturin ^ in ' the Theaire'last night . The lecture ^ was on SlCaVse and Oure ^ Pauperism ) s . The Causei he attributed . to excessive . texatibn and land -monopoly ; £ SoI ) e : effected by-obtaininguthe ^ harter , tl Land , , and , a reduction of Taxation . ; andithe SaSSffi : cultivated : a 5 d ; c ultivated ,, > ^ bear aU atiS " The lectiaer was ^ ath . ujafltically cheereq ; „ .
Untitled Article
THE LAND COMPANY . Robert-street , Adelphi , 8 th May , 1849 . ; . Deab Sir , —The result of the proceedings S S " - Q' *™ * - 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 fi-pin the Court was decidedly in favour-of the question of its legality , and con- ' fenatovy of my own , and the opinion of Mr . ^ , » the , conveyancer , who so carefully fie . ttied . the provisions of the Deed of
Settlenient . ; I think , now , there is ever y 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 incorrectly these things are reported-ueuall y , and thinking it most desirable that the whole of the shareholders should have an opportunity of reading every word that was said oh the motion , I employed a , shorthand writer to take a . verbatim report ; and beg to send you the transcript of his notes ferinsertion in the " Star * ' of this week . . , . I am , dear Sir , yours very faithfully . f ' v .- ' ;^; -i .. . ¦ -, ¦ / , i <^ . W . ChisERY ; i «^) jEeargu 8 . | 0 ^ onnpr , Esq ., M . P . ,, ; ' V ^ . ^^^ M ^^ Tihwt ^ f ^ lS ^ sfft ^ Bfils
Untitled Article
; COURT OF QUEEN'S BENCH , ;; : ' i -fftb / 'Mtt , 1849 . Prtttnt : —Mr . Justice Patteson and Mr . Justice . .. ' : . - . !; * WlGHTMAN . '
THE NATIONAL LAND COMPANY terms WHITMAKSH . ATiORNEY-GENEnAii .- ~ My lords , I have to Bhovr your lordshi p * cause against a rule obtained by my learned friend , Mr . Cockburn , calling upon Mr . "Whitmargh , the Eegistrar 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 ialso on the production of the Deed to perfectly register the . National Laud Company , iMy lords , this is a matter of considerable importance ,
but presenting , I believe , no question of difficulty for your lordshipsj 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 thiequeetion of the National Land Company should be at once thoroughly , understood , arid 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-i-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 Begistry ? . 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 ^ objectio ns upon which I apprehend your lordships will not compel Mr . Whitmarsh
to provisionally and completely register this company . One question will be ( which I will discuss lastj " - but I had better mention it novr first ) , the nature of the office pf the Eegistrar— - whether 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 oflicer 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 riot 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 , independently 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 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 is 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 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 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 . jNow , with respect to the evidence of matters in the case ;•—first of all the question isj " whether it Js a company . within the Act of Parliament-l-the statute ; is the % and 8 Viet ., cap . " " 110 , . 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 : — -
-. . ¦ Be it 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 ini Scotland , hating offices ( so-and-so ) tmdh&ring an' office ' or place of business in any other , 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 comprehend every partnership ; whereof the capital is divided or agreed to be 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 riot come within the specific enumeration . Is this \ a company established for a commercial purpose , or "for a purpose ' of profit f ^ Now ^ mylordB , the Deed is set out in the - affidavitS s arid " yput lordships' will find that'ttib object \' pftfie' company . is sfeitedm the , third . clause of the . deed . Perhap ' ait will be convenient , that . I should hand . it up , if your lordships wiUjfeferv . ' 6 ) " the , thU : d ; clause : ¦ — . The business of the company shall be the purchasing of and in various parts of the United Kingdom , and
crectinoon such land dwellings to be allotted to members of the company in snehmanner , for . such estate and upon such ' terms and conditions as shall , from time to time , be named under-th «| provisions of the Deed of Settlement ; and , also the wiring a fund'out of whieh sum ' s of money shall bepaia to , " of applied for , . the benefit of inembers being allottees of land ; and also the raising of money for- the . purposes aforesaid by selling , mortgaging , or disposing of such estate and interesfrin , or charges upon , the land to be purcliased by-the company as ' shall be reserved for that purpose under the provisions of theDe - ed ., of Settlement , and . such other , business as is or shall ; be necessarily or conveniently incident to the business and ^ uriioses aforesaid . 7-V . " . " : '¦]' . . . Now"that is' the ' object ' of the company , and , that , t . object _ is ; furiBier . , carried s , in . to effect ' Vy ^ ther ^ ciaiUea MM ? deed—which
Untitled Article
¦ 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 , 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 bo for a mercantile purpose ? It is perfectly plain , that a company established for the purpose , amongst themselves , of buying laud , 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 a pply . Isitthenfor anypurpose ofprofit I Themeaning of ' purpose ofprofit " : is / in connexion with mercantile pursuits of trade , where people are investing their money , and buying and selling for the purpose of obtaining profit upon the return ; but this ' company is established for the simple purpose of obtaining and purchasing by the contributions of various members , land , building upon the land so purchased , and
allotshall be the fortunate holder of the land 80 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 companyoatablishedforanymercautilepurpose , or ior 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 , the Act does not apply at all . But it is quite plain that if youv lordshi ps are to look at the words , and see whether this is a company established for the purpose ofprofit , 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 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 take the liberty of saying—( though it may be aiet on the other side by 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 , avenovrbeforeyour lordships . My friend and myself feel , and
your lordships will feel , . this is not an ordinary case where the court will se& a necessity for raising pqints 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 be , legacy 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 avs slveral ; but I will read one . the 12 Ceo . , 11 ,, cap . 28 , and it says , in page 423 of Chitty ' s Statutes , that
Ifany person or persons shall , after tho 24 th day of June , 1739 , - erec t , set up , continue , oifkeep any office orplace un . der 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 cauee 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 ehancea 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 , advawsone , 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 bo 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 t& c&rtaitt pen&USea .
I will just read—4 f 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 allow , purchase such lands either pf freehold , or copyhold , or customary tenure , " and either held in "fee simple , " in " possession , " or for a certain term of years , &c , 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 mating any allotment sent iu 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 shall , from time to time , divide such lands as shall have been so purchased into allotments of two , three , and four-acres respectively , or a # near thereto as convenience and the relative value of the different portions thereof will alloiv ,
Then it goes on to state , near the end ox the Deed , after directing hw 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 tf two awes each shall be first allotted to qualified shareholders , each holding ' only two shares paid . up , and in respect of wbich no allotment shall have been made , such allotments shall be numbered in arithmetical pros-re ' ssion—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 , shall be written upon cards of corresponding numbers and n ' ze , 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 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 th , eir respective prize tickets .
Then it goes on : — - c i - ' ¦ ' Provided always that it sh ' all 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 thffiame . ' // " . '" ..: ' ¦ \ , ¦/ , ' , ¦ , ' ,. ' , . " ., ' ,-. . ,. ,. - Then , before any snarenolder , receives posses * sion of his allotment , he shall cauBe a cottage to bo erected , and soon , and make provision for improving the . land .,. Now , nobody can r < ea 4 that clause without aeeing expressly there is a positive lottery in the old-eatabh ' shedfonn , because certain persons out of many thousands who have paid their ' .-. subscriptions , by small sums annually , are to - liare -their xames inscribed-upon " cards , which are to be ' put in one glasB in the presence of the Chairman . - Mr . Jusiicb WiGHiHA » . ~ Thoseiwh ' o are qualified persona't .,..- ••' - :- ^ ' " r ' ,. „ , who
i ATioBNET-GENEiUi- ~ Those are qualified , — that is , those who have paid . u p their . calla . On tho other hand the numbers , of tue certificates arc placed in another ' glass , and two drawer ? are ap pointed to draw , the . ^ names and numbers' of the prizes and the pefsons ,. the fortunate holders , who are declared to be , the owne ' rs . ' are entitled to hare possession . 'of the particular allotments . '; This is exactly the ' ovdinary de ' scrintion of a' > - common lottery , ' and it is precisely within ; the words of this Act of Parliament , „ ' ! erect , set up , continue ,-or keep , any offico or place under the . denomination of aaale or sales of houses , land , &c , " " or other things ; " there can be . » o question of . ihaj ; ... ; - ; : ^ ¦ S li ' . ' JrarrcE PATrESON .- ^ And Mprize ^ tickets' «" . ; .. MTORra ^ -0 ENERiii ;—Yes , % &&' they expressly ^ in tho term ' s of thi 3 ' clause / 67 ; arid < the ' following elause 3 , ; not only' -talkqof a' '' ioktery / 'iinpfaci' / but talk : of "iprize tickets I" I apprehend nobwly lifi » '• .: ¦ ,- ¦ . -. ] : ¦ ' ; ' .: : 5 ; Sf ' n : ¦ ¦*¦ ' >• : > i : < K ¦ SJii : ' : u < i , : f ¦ ¦ . ¦¦¦ ¦ - . ¦ - ¦¦¦ ¦\ , vv- ' - " : - . \ ; -I ; : ' . ' ^ i ;; v ; . is :-:. ; i ii ' .: ;~ - . " L \>; :. ) : ; ' - ' ' ; , '
Untitled Article
- ^ Is- ^ Cl *^ t ^ C / < 0 ^ J ^ , ^/^^ y O ^^ V can douht on this , which does not admit of matter of dispute , ' —this is not like a question which can be altered by facts hereafter , or require , in truth , any long consideration upon tho matter ; it is upon the ~ ° f-then . * o \ va Deed , set out upon their own affidavits , the Deed which Mr . Whitmarsh is re- . quired to register and give authority of lair tothey are to allot , and by prizes distribute the very ian j . 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 require Mr . Whitmarsh to register . And how is it nossibln that
the officer , ministerially or officially , seeing this r \ document brought before him in express defiance , V \ and in direct violation of the words of tho Act of > V _ Parliament , could register , or your lordships compel A \\ him to do so ? It is utterly impossible ! "With > ^ respect to the other point , I merely wish to bring it , ^ ' shortly , before your lordships , upon the illegality of V this matter . We say the company is illegal , be- \ cause it carries on business in London as a Dank m « i express violation of tb . o Banking Act . Kow this matter , I must admit , does not arise upon their i \ Deed , and does not arise upon their affidavits , but X it arises in this ' way : ^ -a Committee was appointed f * X to inquire into this Land Company ; several gen- N tlemen , ' in connexion with the company , were , examined , and gave evidence before that committee , y ^ V their manager , Mr . M'Orath ; and Mr . Whitmarsh ^ v \\ having his attention drawn to that—I am * told Mr . x ^ . V M'Grath was tho secretary , not manager—has V X \
stated to the court , by exhibit , the evidence whicn ' >» N they gave , which he says he believes was given , and V \\ which , he believes to bo correct . Now . it appears h this bank was established , I think , originally , in tho V year 1846 ; it was established in connexion with , \* ' and as a part of , this Land Company ; it is carried >• on at the same office as the Land Company , in . \ Oxford-street , and , I think it was done by circulars . V , I will read one . . : ¦ Mr . Cockburn—Where does that come from ?•' Atiobnet-Gesehait—I am going to read the cir- V cular . - - , ^ s Mr . CocKBuns—Where does that purport to he ? | \ ATTOBSEV-G ' ESEUAir—This'is tho affidavit of Jlr . I n \" ¦ VYhitmavsh . I am going to read the circular of 1 S 47 . | \ Mi . CocKBUits—I ought to have seen all the affida- I > vits , and they do not give one any until the case i 3 called on .
.-.- Att 6 Bt » BV-GENEitAi>—That ia not my fault . < Mr . CociujunN—It is not mine . ¦ Mr . Justice Patteson--At present , it appeals- to me ' . jsif tbis was rather , too debateable a question to l ) e disposed of upon a , motion . ArroB ^ Er-GENERAL—Ifiyour lordship thinks lliat , it would not become me to take up your time , if that is to be the result . ¦ Mr . Justice Patiesos . —I havo been cursorily looking over 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 if . that is so . Attorney-General . —About the Bank it is plain . " Mr . Justice Wighiman , —Looking at the clause ? , it appears that the Company buy Land from time to
time , and when they have bought a certain quantity then they are to 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 . ' ATioRNEy-GrENERAL . — -They are not to have any more—the calculation is , if a man is lucky—Mb * . Justice Wightman . —He gets his lot first . Attorney-Gexehal . —If he is very lucky ; if he is lucky the chnncc ia that , he gets it in about / 200 years . Mr . Cockburx . —Wo are so confident upon this point that we should be disposed to take it to the last resort ; Attokney-Genbrai . —You must . Mb . Cockbubn . —That is tho reason why it should be put upon the record . Mr . Justice Wightman . —The Attorney-General , for aught I know , may be right .
Attornfa--Gknerai / . —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 : > . matter of fact established upon their own statementviz ., 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 , because that is expressly in violation of the Banking Act , in every respect , and if my friends were to say , on the other side , that is a matter of fucfc 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 nomt . Mn . Cockburn . —That is entirely beside the question ; we are not registered for that purpose . .
Mr . Justice Wightman . —You had better say nothing about that . . AtWftX&r-GENERAii . —No , 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 return should he made , we do not wish to occupy the time of tho court in a discussion of the matter now , when ifc may ultimately end in that way . It would be merely a waste of time . Mr . Justice Patteson . —In all probability it will comn 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 lock 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 , which 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 Wigiitman . —• If the money is locked up it will be safe until the question is determined . Attornet-Generai / . —Very well . Mr . Justice Patteson—It is hardly satisfactory to dispose 6 f this on motion , I think .
Attorney-General—Then I must take the return . Mr . Justice pAmsotf . —The court expresses no opinion as to" the merits . Attobnev .-G £ Neral . —Ofcoursenofc . Mb . Cockbukn . —Then the rule must be absolute for a Mandamus . Our rule is , that the Kegisfcrar should renew the certificate of the provisional registry , which , in the meantime , remains suspended ; we want a renewal of the certificate of tliepro visional registry . Attornev-Oenebai ,. —He cannot do that ; he must return upon that as well . Mb . Justice Wightman . —Yes .
Mr . Cockburn . —Inasmuch as , unless wo get a renewal of the provisional registration , we ^ cannot get your certificate of complete registration ; wo would be disposed to limit our rule to the fivst , the renewal ot tho provisional registry , as there may be a difficulty on the rule . Mr . Justice Wigiitman . — That could hardly be objected , to , Attorney-General . —My learned friend has a right to model his rule now . Mr . Justice WiauTMAN . —You ask for rather less ? Mr . Cockbubs . —Yes . ¦ ATTomex-General . —toa may do as yon hke about that . ' Mr . Cockbubn . —If you have no objection to the whole question being raised , I am quito willing to do so . ¦ Attorket-Generai ., —I don't see how it can bo , . RULE ABSOLUTE .
Untitled Article
Rotai , Polytechnic Institution . —Dr . Bachoffner has been engaged during the past -week at this establishment in delivering a course of most useful and entertaining lectures on Artificial Light ; more particularly , for the consideration of carburetted hydrogen ; the lime light ; and , lastly , the voltaic or electric light . The lecturer commenced with nume-r rous observations on the philosophy of the commonr house candle , and mention is made of this household ware in the days of Pliny , but whether the specimen of candle now in use was the one referred tothe Doctor could not say . The common candle , he Baid , however curious such a fact might appear , was in' itself merely a gas apparatus , which was discharged from its Wick , being *' 6 f the same kind " a * that which now burns iu our streets , namely carbu- '
retted hydrogen . The attention of the auditorywaa theu called to the quantity of carbon and tae ' amount of illuminating power possessed by . turpen--tine ,-alcohol , * oil * &c . Turpentine , althoug h , possessed of a great amount of carbon ,- was not : used ^ for some time owing to the great amount of smokeit gave ' off during , combustion ; this , however , was . now obviated-by the tise of a sort of . refined . turpen- : tirie , < called camphine . Alcohol , although -when ' burnt of itself it would give but a pale light , was veryexcellent constituent m the production of a great , illuminating power , and ifc was to" be regretted that ' a more extended use of it could not be made . The
learnied gentleman then proceeded to show the pro-b perties of . the various lights , " those into which car- /' bon was not * introduced , full y explaining ^ the , theory * of flame ' without , light . \ The Doctor concluded his J , mdstexcellent ^ discourse with MUiant experiment' ^' at once , of the lime light ; the " Boccius fight ; and ' the . electric light ; - ! . v :-. i ( ¦'? . .-.- ; . v ; - ¦ .-:. , -jj A' Gainer btc . Hw LOSSES , — -A-young gentleman , > of . very high family , who' lately ; married the daugh- < ter of a ^ wealthy plebeian , the possessor of . immensaU ' landed ' estates , replied ,, on being told ; that ho ? lost t J cixste by the match , that it was . no matter . if he-had- ; since he " can ; console himself for the cosje a , e a » s iostr j by thinkiiogofthe " ffl «{? he ha » gained . ' , ' , iiC ' ^* h
Queers Bench.
QUEERS BENCH .
Untitled Article
AND NATIONAL TRADES' JOURNAL .
Untitled Article
VOL . XII . P . 603 . IMifiN ^ SATIfflBAt MAY 12 ^ 1849 ¦ ¦ vmm-wmme * - ** ¦—Zl _! VVVt ¦ . ¦ " LUilUVH ^^ ailWlliil l ^ Wfti IA 10 'ttfa g iye gi . iiii . gB Md Sixpe-ce per Qunricr
-
-
Citation
-
Northern Star (1837-1852), May 12, 1849, page unpag, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1522/page/1/
-