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PARLIAMENT. j

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LORD COLCHESTER v. LAW.

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LORD COLCHESTER v. LAW. In the Vice-Chancellors' Court, in London, the above suit was instituted by Lord Colchester and Sir Robert Dallas, the ixecutors of the late Earl of Ellen- borough, who died on December 22, 1871, to have the trusts of his will administered under the direction of the Court, and in the course of such administration a question arose si o the right of the executors to claim certain Exchequer Bills and moneys in the hands of Messrs. Hoare, the bankers, which were standing to an account called the account of the Chief Clerk's Gua- rantee Fund," under the following circumstances:— The late Lord Ellen borough, the testator, at one period of his life held the office of Chief Clerk to the Court of King's Bench. In the capacity of such Chief Clerk he was from timu to time in receipt of moneys paid into court by the suitors to await the result of actions com- menced by them. He considered himself during his life as custodian of such moneys in the capacity of banker. He did not consider he was bound to invest them or to deal with them in any way otherwise than to hand them over to the suitors by direction of the Court when orders were from time to time made for payment out thereof; nevertheless, his predecessor in office ior his own security from time to time invested certain balances, and when Lord Ellenborough was appointed to the office in Michaelmas Term, 1811, he found a sum of £5!OOO invested in Exchequer bills, which were deposited with Messrs. Hoare, the bankers, who banked for him, in respect of all suitors' moueys from time to time in his hands. The testator's father, the Lord Chief Justice, disposed et the income arising therefrom for his own private purposes, and after his death in December, 1818, his son, the testator, always received and appropriated the divi- dends and interest accruing therefrom up to the date of a certain report of the S lect Committee of the House of Commons on sinecure offices, from which time, in deference to, but not as being bound by, the opinion expressed by the Committte in such report, he re- frained from receiving any further dividends. When, however, the office of Chief Clerk was abolished under the provisions of the Act 7ch William IV. and 1st Victoria, cap. 30 (parsedin consequence of such report), he, under the provisions of the 8th section thereof, paid over to the Master of the Court of Queen's Bench appointed by such Act the balance of suitors' moneys then in his hand-, and rendered an account thereof, but he neither pa'd over nor in any way accounted for the interest which had accumulated on the said £5,000 Exchequer Bills as from the date of such re- port, and suoh interest he allowed to remain at the bank of Messrs. H)-e. partly invested in Exchequer Bills and partly in cash up to the time of his death, and with regard thereto he left the following memo- randum addressed to his executors:- "My executors will find a few Exchequer Btll), and a small balance at Messrs. Hoares, under the head of Chief Cierk's Guarantee Fund, the whole rot amounting to much more than £700 The origin 01 this sum is this. A com- mittee of the House of Commons came to the opinion that the Chief Clerk should not derive any ad van tax e from the interest on the £ 5 000 Exchequer Bills, in which a portion of the bilanee of the suitors' money in his custody was in- vested, and from that time, about 182N or 1830, I have not derived any benefit from it; but what was I to do with the interest? The public had nothing to do with the money. It was the money of the suitors temporarily deposited with the Chief Clerk as the banker of the C,)urt, and be had always dealt with it as any other banker would. When the office fell under my father's management, he directed £6,000 Exchequer Bills to be sold, and the money produced by the sale was added to the balance in Messrs Hoares' bands, because my father not banking with them, they ought, he thought, to have ample profit npsn the business they transaote i for him. I thus have done what the Committee of the House of Commons decided, in deriving no profit from the custody of the suitors' money, but my executors must consider what shall be done with it." The moneys in question now amounted to about £1,100, and the executors took out a summons in order to raise the question as to who was entitled to them. Mr. Glasse, Q.C., and Mr. Nalder appeared for the executors in support of the summons, and contended that the moneys form-d part of the late Lord Ellen- borough's personal estate. „ The Solicitor General and Mr. Hemming, on behalf of the Crown, claimed the moneys as being the pro- perty of the public. Mr. Cotton, Q.C., and Mr. Owen appeared for the residuary legatees under Lord Ellenborough's wi'L The Vice-Chancellor considered that the moneys be- longed to the Crown as being public moneys, and ordered them to be paid over to the Paymaster-General.

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