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S'- JJsgr'J#*AV-• V•»’ 4-* 4 ••tSUlfeDHALL* ' * ■§iT£jN-QS BEFORE idRip ’. jkEft VO ftf *vX4Hjr’A ;; .’; ^IaL’JURY OF lylE-RCHAN-TSv-i■ T* ‘ * « , ' , lt;r * r ' • • »« , % * * *. *•• ■ Stock-jdjBBiito in the alley.-' '*r ^ '' *• ■* ' • ^ i . ■*- : .w . 4 • . ^ .m ___iaVYNES jfc.N35 OTHER‘S ASSJ G-N EES .0^ KENTISH*; ’ . ; • *. .,«AGAlKS'XT.TirWCjGOODyv;'f f J -; •. -- ^ w * • ■ c - ■ '• - ’ • ;.*\rT- • ; J - » - ' #•;** 'Mr. Reader opened the-pleadings. .Ttesiadion was founded on the 7th, of Geo. II.. £. 8, made-perpetual by th'e.10th GeN- II ^entitled, an Adtopre-vent the infamous Prad.iceof:.Stock-jobbing./ The adion was. brought to rseover-fivepenakieslof 500I. each, for buying arid fojli.Bg ilcffk-ibra future .-day, arid agreeing to. pay pr receive the differences .without one fhilling-of lfock being, adually transferred,in violation ofthis Ad of Parliament... •, ’ '■ • • •, * *Mr. Eii.SK ine faid, this adion wasfounded on the A fit of Parliament which had been ftated, andwhich, for a number of years, to the giriat misfortune of the nation* had remained,,as it Were,'a dead letter on the riatute book. It was llated iii the preamble, that ltiany of hiiffMajefty’s fubjeds Had been j diverted from purfuing their trades, by this fpecies j of gambling, to the ruiii of the. country, to thegreat dehrudion of the induftry of individuals, andto the detriment-of the trade and commerce of thenation. •It was much better there fhould be no laws at all,.any,que«ion was alked him, fio'Iub«mfted to Lord Kenyan, that he was not bouridfo yrifwer; becaufe any fuch contrads as thefe that had been ftated, exifted, he could not. . ffieak' to them withoutcriminating hinljeif.' r ; -'V/-. * . \Mr. ^ibbs.iaki*^the psi^bleS attached on makingthe contraft, and luhmitted that the witnefs could' * - • * i ' 1not proted himfolf. .A-witnefs could'not demur generally.; '.X. ,- .. • /Lord Kenyon. —I mu'I: notfufFerhimto.cn-' minato bimieif. By This Ad. of Parliament theie is a penalty of 500I. on -the Broker who makes fuch a contrad. I therefore cannot compel him to give evidence which may involve him in one of thefe vin-didive actions.. Nor den faid he was not a'Broker : he never had• * ' - 1been a Broker, arid-he had got no book*.. ,Lord. nyok.—I modearneftly.-with to forwardrthis adiooas far as I can on legal' grounds, and if there is -any defeet-in the Ad of Parliament, thr.'e Gentlemen whoat-pr^fent have the honour to.n-prefent this great pity in'Parliament, can never follow a more honourable precedent than that of Sir John Bernard, the author of the Ad. I only know from tradition bis charader, which' ftands very high in 'the hiftor/ of the country. If this. Ad ofParliament wants: amendment, from the attention♦ -thaii kxvb tnal were not put ifi vigorous execution, which 1 know the Mernbers for tne City of London« a ^ 4. A A ^ J . 4 k % /1 A M A w ^ ^mw A V I 1 ■ T W ■ ^ V t . rl m AWhere there-were no laws.the .pnly coniequeutre was^thpt.feyils v/©i*e .pra€tifed with impunity^ Butwbcxe there were laws to reft rain thofe c-ilsi and; tley ..ipfrere .not ]ut.m execution, there Was another evilarifing from the contagion of example, the authority of the laws was delpifed-, and people formed themfelves into combination-s to refill the courfe pf juftice. That had not only been the cafe - with this aft,,but, till of late, with the whole ftature law-of the kingdom, which related to gaming. It \yas greatly to the honour themobleand learned Judge who pre.ided on that occafion, thatlhat- complaint no longer exifted. :Every mad had feen much fervice had been rendered -to -fffa. comm.1mij5r.from a wliolefome and vigorous execution of theie Laws. But though thefe Laws were mod beneficial to beatpay to the difclVarge of their public duty, I have no doubt but that it will;be amended* 7 '.With the hipft., e^rn^ftj flier* • put a .flop tothefe nefarious tranfaftions, f mil It be careful tot . , , — .keep within the rulris- of law. - Thrire; is. a very wife claufi in this Ad, which, I believe, is in other Ads -relating to gaming, by which a man whoJias paid money in confequence of luch contrads, may recover it back by filing, a bill rn Chancery, and 'conw;^peliing a difooveryon oarh.#Mr..Gib3s faid, fhatbiil muft be.filed within fix^ months, wjiich couLd not done in this initance.. William ‘ Jahiiflon. Was next' -called:' A ' ]aper ' _ was put into bis |iaiul#and 'he was alked if he effeded' the . contra.d tlVgif was^on Jhat paper, He ;anfwered, that it was ltd liapd writing.Mr. G ARROw liere fold the witheis that he might, . . * W • that tirb put to* him,: if' Ke A\6 . w^s not .bound to anfwer -dividuals, but. alfo to tap the foundations; of the {Jh?m. ..... _ . . A ... r.profperity of the country, which depended much on Lord Kenyon. On looking over_tnis Ad of •wiiq iinn^TitVvfof him m lam■liament, T'have not the'leaf!doubt but you may -recover back; the money you .have'paid, by filing*aJrill for;a:difcov.ery, ' Ifthe contrad is void, the-mc-ney will be. recovered, not by way of penalty, but by civil adion from tbe. perfons 'who have finally received it. dtls-'t-be adibn ’for the penalty’that isconfined to 6-months. _M: Gibbs faid they were a goodly fet. . ’ ^Mi-v.Garrow Fa'id. Mr.Twogood was as refp.ed-able a man as was in the city of London.Lord Ken yon—Thrs'is a..b.ullnefs' of real public concern, and-1 mo ft heartily wifli. that thofe . whohave been concerned, in fdeh' inramous.iranfadipiis could be' cofmed, cbiiMeritly wiflt* the rhles* of Lav/a-nd the principles of legal'evidencei’1 1 * ^ ,Mr. READER fuggelled;. 'that?Brokers .wgre ;theonly perfons Who'couidjri-b've fuch tranTadiohs,in.a Court.of Juftice, and tKprefore if the'Penalty of 500J.was- taken off theriH. fdf . making- fuchlGoaitEads^ itwould be an amendment of the Ad, jis they-might then be compelled to gi'ye evidence. *- - ■ ' _ Another expedient fQ’ggefted was, that the 'prohi-bition lhotild bemade ablblufeyy - r 'Mr. Vaux, one of the Gentlemen of the Jury,thought the better way would be,-- to make thefeContrads legal. ' yMr. Gibbs alked, whether they were not, to. all intents and purpofes,- legal already, lince-no fuch Adion as this had been brought within the memory of man ?—-Plaintiffs-nonfidted.We underftand there are 50 Adicns nbw pending, precifely under the fame circumftances.the Public Credit, It was unneceffary for him to ftate to the Gentlemen ofthb Jury, Who knew much better than .he, that where three, four, or ten merchants tranfaded real bufinefs on the Exchange, therewere hmidreds of perfons ivho had nothing to trqnf-ad but what their own imaginations and fpecula'-trons fuggefted, lr confequence of their gamblingcontrads,’many people’s interefts vrere, let dimdlyoppofite tathe dearift interefts of their country, and hence they were induced to invent falfe and infamous‘reports, to give effed to the contrads they bad enterbd jnto, and .by that means the Public Credit the country, Which ought to depend on its real profperity and genuine refources, -was coiiftantly vibfati g with a tr rnbling and .pendulous -motion, in confequence of . fuch tranfadions. He did - not mean b Fay-, that his Lordlhip and the Gentlemen of. the Jury were to depart from the ftrid rules ofdrvkience ih deciding this cafe, which called for their very ferious conlideration. The Plaintiffs in thisAdion, were, not perfons • who had hunted out anopportunity of enriching.themfelves, by bringing . this .complaint before, the Public as common informers-, which the Public niuft endure for the fake of Juftice, but they were the Affignees of a Bankrupt, who had brought ruin, not.'only on .liis Own affairs, buthlfo on his Creditors, who were engaged in the fair and honeft traffic of the world. That money Which the Bankrupt ought to hrive employed in a fairtrade.- and in the payment of his juft debts, had been fquandered away in the Alley ; and therefore this Adion had been brought to recover tffe Penalties that had been incurred by the Defendant and others^ in confequence of thefe nefarious proceedings.It was totally unneCeflary for him to ftare to gentlemen of the defcription of the Jury j what the Law was on that'point, or to explain the nature of thefe contrads, which he was very forry had become fo common. Tliis fpecies of contrad was- like a ghoft, which ,every body had heard of, but nobody had Feen. Such contrads were extremely difficult to beproved in a Court of Juftice. 'Although the Brokers thrtt would be called to giveevidence in this Cafe, might feek to foeifer themfelves. under the indulgence which’the Law undoubtedly gave, he fiiould contend, where the con- . . ,.Fequence was only a civil penalty, they were'bound j The Corporation of Leicefter have voted a canto-' anfwer, Where they might'criminate them- j tribution of.2,oool. to aid Government -in the fup-felves, and were liable to be indided-they were not plies for the eiifuing year. .bound to anfwer.. That was the diftindion lie The Archbifliop of York has prefented the va-wifhed to take. .There' were many inftances, where j cant ftall in the Chefter Carhedral to theRev. W.E.a man was bound to difclofe tads from' whence a Page.civil lofs arofe.to himfelfi They could'difclofe no-. The Queen, Packet-boat,, with pafFengers fromthing by their evidence which could be the founda-. Park-gate for Dublin, .was yefterday fe’nnight f .fttiori of an indidmenth ‘ - on the Lancafliire Coaft near Focmby. The crew• Mr. Kentifh was.firft called ori’fhe part of -the and paffengers were with grpat difficulty Frved. Plaintiffs, he faid he became a bankrupt la ft June One of-theDublmBookfeHersadvertifcs a work.-of July twelve-month; He imme'diatelv obtained j with a n. b. in'which he informs ’the- Public, that his Certificate. Mr. Rayhes and the'other Plain- : the oiily corred'edition is that publiihed by himtiffs’werfe the Affignees under hi§;Commifiipn.:PThis'j-with the twelve pages of ,arid about 50 other Adio'ns-had been, brought for | Aii awful and firigular hail-itorm -. occurred at the benefit of his eftate.* K'o divldenci.had yet been j Norwich laft week. Two very vivid flalbes' of njade. V lightning illumined the-.Southern and NorthernLord Kenyon,—Suppofe the Penalties are reco-, hemifpheres, fucceeded by heavy peals of thunder,vered,. the money is to .be applied 'to‘a different ! while the hail, whisp fell profufdy, appeared im-purpofe. The Affignees, as Affigriees, can bring ; prcgnated with tlie-fire. : i ' . '1 no fuch Adion. - ' | On Friday fe’nnight the town of Sunderland wasMr. Qarrow as Counfel for the DeferidanL ob- i alarmed by an affray, which bro-kCj-out between thejeded to this man b,eirig: examined, but it turned I Weftmirifter Militia and' the-Loiyland Fencible;,. out that he was releafed. both quartered there. It originated in the death cfKentijh faid, that .about December, 1794/ he a tame goat belonging to theFencihl-s, which was*ATKINSON BAKER. *V - lt;This was an adion for a Breach of Promife of Marriage. The Plaintiff was a thread but ton-maker, at Shaftefbiiry, in Dorfetlhire, and the Defendant a widow Lady of fortune, at Hampton Wick* The Plaintiff was non-fuited through'a defed iform of the Declaration.« ■ •As this cafe involves fome very curious points, vve Ihall give a full report of it the firft open day.in thehad employed Abraliarri . Norden and William-Johnfton to buy and fell ftock for a future day. He.wahtonly-killed by one of the Militiamen. To, appeafe the manes of. their long-bearded play-a 11 , ... X- ^ .. - 1a * ii a m j* a a » j. rwas to -pay thri differences. No ftock was to be follow, which had follov/ed the' regiment out of 1 ad-ualiy transferred. Norden gave him an account Scotland, and'was an univerfal favourite, the Fen-1 of the contrads he made. A written contrad was ; cibles alie^ubled under arms, and font a defiance to * put into his hand. Upon looking at it, he could j their opponents, which was accepted; the parties not fay from memory whether he had paid any dif-f were drawn up in battle arrgy in the Barrack-ground,' ferquce’on that fpecific coqtrad.' He faid' be never j and the moft bloody confequences were every mo-had any ftock traiisforred to him.- He had r,o ftock bment expeded, when the firm and ftrenuous’exer-ar the- time he employed thefe gentlemen. He had tions of his Royal Hig’nnefs Prince William of paid differences to Norden to the.,amount .of .480I. 1 Gloucester fortunately reftored peace. Theper-' arid to Johnfton near 2000I. He was an Infurance petrator of the outrage is tq be tried by a Court-Broker.1 Martial.
Newspaper Details
Evening Mail
London, Middlesex, GB
Fri, Dec 09, 1796
Page 3
Full Page
Clipped by
Marc F.
USA 09 Apr 2023
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