Imágenes de páginas
PDF
EPUB
[ocr errors]

.

.. St. John's.

[ocr errors]

Ds. Ayerst
St. John's.

Junior Optimes.
Pratt

Trinity.
Ds. Lewis

. St. John's.
Earle
St. John's.

Bollaerts

Trinity.
Hayes
St. John's.

Hildyard

Trinity.
Custance Trinity.

Willmore

Trinity.
Smith
Trinity.

Evans

. Pembroke. Turner St. John's.

Outram

. St. John's.
Gaitskell
Trinity.
Brook

Caius.
Youldon
. St. John's.

Wakefield . St. John's.
Barry
Trinity.

Fletcher

Magdalen.
Lowe
Christ's.

Falcon

. St. John's. Kempthorne St. John's.

Marshall
Reade
Cuius.

Sanderson . St. John's.
Wayne.
..Peter.

Praed

Trinity.
Skinner
Sidney.

Dallin

Corpus Chr.
Wimberley Emmanuel.
Thomas Shelford, M.A. Corpus Christi.
Eraminers.

John Graham, M.A. Christ's.
Henry Law, M.A. St. John's.

Thomas Pell Platt, M.A. Trinity.
First Class.

Ds. Dade

Caius. Ds. Isaacson, (A) .. St. John's.

Pratt..

Trinity.
Smith
Trinity.

Warner

. Trinity. John's

Warner

. St. John's.

Williamson, Clure H.
Williamson, (B) Trinity.
Beatson
Pembroke.

Blakelock... Catherine H.
Prater

Trinity.
Malkin... Trinity.

Third Class.
Wimberley Emmanuel. Ds. Hildyard .. Trinity.
Riddell... Trinity.

C. Morton Trinity.
Wilson,
St. John's.

Barlow..
Hawkins . Trinity.

Bollaerts

Trinity.
Marshall

St. John's.
Second Class.

Farish

Trinity. Ds. Young .. . Trinity.

Earle

. St. John's.
CHANCELLOR'S MEDALLISTS.
J. F. Isaacson

St. John's,
R. Williamson.

Trinity.
CHANCELLOR'S PRIZE.
English Verse.-"Sculpture," E. G. Lytton Bulwer, Trinity.
Latin Essay.—“ De Statu Futuró quænam fuere veterum inter Græcos et

Romanos Philosophorum dogmata ?" John Buckle, Trinity. PORSON PRIZE. Shakspeare's King John, Act 4, Scene 2.-" How oft the

sight of means" to " an innocent child.John Hodgson, Trinity. SIR W. BROWNE'S MEDALS. Greek Ode.-W. Selwyn, St. John's.

Latin Ode.-Robert Snow, do,

Epigrams.-B. H. Kennedy, do. SEATONIAN PRIZE.-" The Building and Dedication of the Second Temple.

John Overton, M. A., Trinity.

Kempthorne, St. John's. } #q.

[ocr errors]

.Peter.

LAW CASES

LAW CASES AND NARRATIVES

COURT OF KING'S BENCH, WEST- certificates were not in fact tenMINSTER, FEB. 4.

dered to him at “ the coming-out,” Joseph v. Pebrer.

but several days afterwards, when

they had fallen in value. It was This was an action for money also objected, on his behalf, that paid by the plaintiff for the defend- the plaintiff had no right to recoant's use, which was tried before ver, because the whole transaction Mr. Justice Littledale, at Guildhall. was illegal, as relating to the purIt appeared that the plaintiff had chase of shares in an illegal compurchased for the defendant ten

pany, within the 6th Geo. 1st, c. shares in the Equitable Loan Bank 18, commonly called “the Bubble Company, at a premium of 51. 10s. Act." The learned judge, reper share, making a deposit of il.on serving this point, left the jury to each. Of the precise object of the say, whether the plaintiff had used society there was no evidence; but due diligence in obtaining and deMr. Marryat, the counsel for the livering the certificates : and they, plaintiff, in his opening, described on this direction, found for the it “ as a very benevolent institu

plaintiff. In a former term a rule tion, proposing to lend small sums nisi was obtained for a nonsuit, on to the poor at 8 per cent., and the ground of illegality, or for a thus to protect them from the new trial, on the ground of the exorbitant charges of pawnbro- plaintiff's neglect to deliver the kers.” It appeared, from a printed certificates in time, according to prospectus, that the capital was the bargain. to be two millions; that the stock Mr. Marryat and Mr. Andrews was to be divided into 40,000 now showed cause against the transferable shares of 501. each; rule. They contended that no and that the shareholders were to evidence was adduced at the trial, be subject to the orders and re- from which the court could infer gulations made by the vice-presi- that the society was within the dents and committee, and to par- words or the purview of the statute ticipate in all the benefits of an of George 1st.

Here was money act of parliament, to be applied actually advanced at the defendfor in furtherance of the designs ant's request; that advance must of the projectors. The plaintiff be taken to be made for something had delivered to the defendant a admitted to be of value by the note, stating, that he had pur- party who authorized and requestchased ten shares for him " for ed it; and the object must be conthe coming-out," at 51. 10s. pre- sidered legal, until the contrary mium, and il. deposit. The de- was shown. If the defendant, fendant refused to accept the

to accept the after employing the plaintiff to shares, on the ground that the make this purchase, wished to inVol. LXVII.

A*

are

sist that the thing to be bought who subject themselves to the rewas so illegal as to afford no gulations affecting pawnbrokers. ground of action, surely he was Now it may not be illegal for perbound to establish the fact, and sons to associate in order to obtain could not leave it to mere suspi- an' act of parliament or a royal cion. There was no proof what charter to sanction such a design, ever that this company was of the intending to carry their project description of those against which into effect or not, as such sanction the act of George 1st pointed; the should be given or withheld; but court, therefore, could not say, that if they go further, if, before they the whole subject matter of the so authorized, they create contract was unlawful; and the transferable shares, and require plaintiff was entitled to retain his their subscribers to submit themverdict for the money which he selves to the orders of a commithad actually paid.

tee, I am of opinion that they are Mr. Gurney spoke in support of doing that which the law will not the rule.

warrant, and that all contracts The Lord Chief Justice, after made for the transfer of their consulting with the other judges, shares are void. The language of delivered his opinion as follows: 6 Geo. 1st, c. 18, is not very expliI think that enough appears in cit; but in the 18th and 19th this case to enable us to say, that sections two marks and symbols the contract, on which the plaintiff are pointed out, as characterising seeks to recover, is void in law. the societies which the legislature Whether other evidence might intended to prohibit-the dividing have been adduced to change the stock into transferable shares, and aspect of the case, and to give to the assumption of the powers of a the bargain a legal character, I corporate body; and, upon the cannot say ; I found my judgment evidence, both of these symbols solely on the evidence which was belong to the company before us. given. It appeared in that evi- The certificates produced purport dence, that certain persons had as- to give to “the holder,” whoever sociated themselves to form a so- he may be, the right to certain ciety or company to be called “The shares; so that they are transferEquitable Loan Bank Company,” able without limit and without which, at the time when the shares control. The prospectus, without were purchased, had not received which it would not appear whether the sanction of an act of parlia- any thing and what was the subment, of a royal charter. ject of contract, requires the subWhat the precise object of the scribers to submit to the orders of association was, did not appear in the committee; and thus the soevidence : but the very name im- ciety assume to act as a corporaplied that it was to lend money; tion, delegating to a select body and the learned counsel for the the power to make by-laws to bind plaintiff, whose statement must the others. Thus, then, the combe taken as correct against his own pany is within the words of the client, stated in his opening that statute; and is it not clearly withits purpose was, to lend money at in the mischiefs which it was ina higher rate of interest than that tended to remedy? allowed by law, except to persons shares of 50l. each were sold at a

or

These very

premium of 51. 108. each; and the the learned judges had delivered society, professing to have a capi- their opinions, tal of 2,000,000l., really had a The Lord Chief Justice said capital advanced of only 40,000l. There is a point which was not We cannot shut our eyes to what made in the argument, but which is passing in the world around us; I will just mention. I am strongly and unless we do, we must ob- inclined to think this buying and serve, that not only this, but many selling shares illegal at common other societies, have sprung up, law, as wagering and bargaining promising prospective and contin- about an act of parliament to be gent benefits, sanctioned by no applied for in future. charter and unprotected by act of parliament; and that a dealing and traffic in their shares has arisen, BUCKINGHAMSHIRE ASSIZES. never exceeded at any period, except, possibly, at that time when Aylesbury.-Charles Lynn was the legislature were obliged to indicted for the murder of Abraham interpose by the statute to which Hogg, on the 7th of January, at reference has been made. The Whaddon Chase. effect of these companies is, to give The prisoner and the deceased opportunity and scope to gaming had for a considerable number of and rash speculation, which neces- years, worked together in a large sarily lead to misery and ruin ; for Distillery, at Vauxhall in London. in gaming and rash speculation, if They left their employment in one man gains, another must lose London on the 6th of January, and in proportion; whereas in com- on the 7th they arrived at Brick merce, fairly and honourably con- Hill, in the County of Bucks, ducted, both the buyer and seller and agreed to sleep at the White receive benefit. Taking this view Lion; but the prisoner, who was of the tendency of this society, and a stranger at Brick Hill, was thinking it characterized by two absent from his lodgings at the of the marks which the legislature White Lion, during that night, has pointed out as distinguishing though his unfortunate companion illegal companies, I feel bound to slept there. On the following declare this dealing and traffic in morning the prisoner and the deits shares—for I need go no fur- ceased got upon the Eclipse Birmther-contrary to law. With this ingham coach, with their luggage, opinion, I think that, in the pre- and were driven on the road tosent state of the times, we should wards Shenley Brook End, which not discharge our duty, if we were is within the limits of Whaddon to pause and deliberate where no Chase. doubt exists.

The circumstances of the murMr. Justice Bayley, Mr. Justice der were proved by George BeechHolroyd, and Mr. Justice Little- am, a labourer, who stated, that dale concurred, and distinguished he was at work near Snellswell the case from those of “ The King Copse on the 7th of January v. Webb” and “ The King v.

last : two

passed, they Bainbridge,” in which the shares were going towards Wladdon ; were only transferable within a witness was ditching up a hedge, limited and select body. After and did not notice their faces ; one

men

had an umbrella, and the other a reading the Bible, when he jumped gun-case ; in about half an hour up on a chair, then on the table, after, he heard alarming cries, and struck himself down with viowhich were not repeated, the lence; his head was cut severely. sound came from the copse.

Wit- Mr. Justice Gazelee informed ness immediately got out of the the prisoner, that if he had any ditch, and saw a man striking with thing to say to the Jury, now was a gun something on the ground; his time, as his Counsel could not the man held the muzzle end in speak for him. both his hands; he struck seve- The prisoner, after standing ral times violently, until the gun mute for some time, addressed the broke; he continued the blows, Jury in a very unconnected strain. even after the gun broke; he then He said he could not work longer threw away the piece of the gun, at Burnett's, because his mind was and walked backwards and for- uneasy. He agreed to go with wards, as if looking at something; Abraham Hogg to Liverpool. On he walked a short distance, and the Monday night he went out picked up a bundle, and came to- with Abraham, and drank wine. wards witness. He pulled off his They got on the Liverpool coach clothes, and put on a large fustian at the Saracen's Head, and a black jacket and a hairy cap; he had on man (a sailor) on the top of the before a black hat, and a black coach gave him gin out of several coat; taking his hat in his hand, he bottles, and made him drink it, and went towards Shenley Commcn. threw the bottles away. AbraWitness then went to the spot, ham and the sailor whispered and and there saw the deceased, the chattered together, and they spoke blood was running very fresh from to another man in a very suspicious his wounds. There was a gun manner. One of them said, “ Oh, broken in two, a kerchief, and um- the job can be done,” and they inbrella lying by him. The witness tended to murder him, he was sure. gave the alarm, and the prisoner He told Abraham that there was was taken running out of the copse; something afloat, as he heard the on witness running towards him, men talking together about some he cried out, “What's your re- pit and there was a plan to murward ?" Witness asked him if he der him. Just before he jumped had got any fire-arms; the prisoner off the coach he heard the man replied “No, for if he had, he planning something, and he bewould not be taken by him or any lieved Abraham was concerned, man alive." He again asked wit- and he jumped off the coach, as ness about the reward “the he had made up his mind to sleep blood money,” and said, “You at a farm-house, rather than go on would take your own father's life and be murdered. Abraham folfor sixpence.” He then said, it lowed him, and he again told him would break his friends hearts, they intended to murder him ; but when they heard of this. A Mr. Abraham said it was no such thing. Tarry asked, was the man in the When Abraham got on the hill, he wood quite dead? Prisoner said, said to him, “what do you do he hoped he was. On the Satur- ere, you have entered into day after the murder, he was plan to murder me? you shall die guarding the prisoner, who was with me," and he struck him over

a

« AnteriorContinuar »