The Statesman. — London, England, 1815-02-11 00:00:00

t • ) r ' 1 ij • •i. `.. Lilt !NTS LLIGENCE. COURT OF CHANCERY, FEB. 10, BOOTLE r. BLUND ELL. • This wu a motion for a new trial of a►► issue from the Court of Chancery, lately 'tried at Lancaster, re specting the validity of the will of the Defendant's father, which excluded his son and heir from the in heritance, that is very considerable, and devising the same to the Plaintiffs, his next of kin. The Plaintiffs filed their bill against the heir to es tablish the will, whereupon an issue was directed and tried between the parties, with special directions.— On the trial the Defendant's Counsel, after hearing one only of the three attesting witnesses examined on the part. of the Plaintiffs, together with a rational letter of the testator to his son at the time, or in two or three days after, acquainting him with what he had done, and his desire it would be so, gave up the de fence, without putting it on the Plaintiffs to examine the other two subscribing witnesses. There was a •erdict found for the Plaintiffs in affirmance of the will, to the satisfaction of the Judge who presided, as ap;wared from his report. The no►elty and im portance, as well as difficulty, of the case called forth unusual exertions at the bar yesterday and this morning, when the arguments terminated in a most clear and energetic reply by Sir S. ltomilly, the lead ing Counsel for the Defendant, in support of the motion for a new trial, against the arguments of the adverse Counsel yesterday against the application.— There being no precedent to be ((road on either side, the difficulty was great. After an elaborate dissertation his Lordship de sired time to consider the Judge's report, the most difficult part of the case.—Judgmeut was deferred. COURT OF KING'S RENCII, Fes. 10. TAYLOR AND ATHENS, ASSIGNEES OF WALSH, V. SIR THOMAS PLOMER. Lord FaLLINIOROUGII this day delivered the judg ment of the Court in this case, which was an action of troves., brotsght by the Paituiffs, the Assignees of Mr. Walsh, a bankrupt, to recover from the De feudant, Sir Thomas Plomer, Vice-Chancellor, cer tain certificates or securities for shares in the Ame rican Stocks or Funds ; certain shares in the Three per Cent. Funds of this country; a Power of At. torney, authorising the transfer of either or both of thole securities; and a quantity of doubloons, to the value of 5001.0 r 6001. a verdict was found for the Piaintiffs, for the computed sum, subject to the opinion of the Court, on a case reserved. With the leading features of this case our readers are already well acquainted, they not being ignorant, that the Baukrupt, having been consulted by Sir Thomas Planter, on the 2d of December, as to'the propriety of selling certain Stock, which he held in the British Funds, in order that he might be ready to make good eh purchase money of an estate, the price of which he bad stipulated to pay on the 4th of that month; did, in constvence of the advice he received from the Bank rupt, 511 out to the amount required. The money, however, not being required for this purpose, the Bankrupt, on the 4th of the same month, at the de sire of the Defendant, paid in the amount, being 21,5001. into the hands of the Defendant's Bankers, Messrs. Goslings, to the Defendant's credit. Having been advised by the Bankrupt to lay oat the eoper fissoas sum he that had ie. !MAN de of his Bankers, in-fa. port-hese of Exchequer Bills, the Defendant agreed to this suggestion, and on the sth of the some month, gave to the Bankrupt a draft on Gos lin_;s and Co. his bankers, for the sum of 22,5001. to be invested in the purchase of Exchequer Bills; but he did not authorise the Bankrupt to employ the sum so intrusted to him to any other purpose. This sum the Bankrupt received in twenty-two notes of one thousand pounds each, and other smaller notes to make up the amount. He purchased, how ever, Exchequer Bills, to the amount only of about 60001. which he lodged with the Defendant's bankers. He called upon the Defendant in the af ternoon of the same day, and told him that he had deposited the 60001. worth of Exchequer Bills in the hands of the bankers, and that he had left with then a sum equal to the balance, which was not true ; but, on the contrary, it appeared, that he had, no that day, bargained for certificates in the American Funds, &c. for the greater part of the dif ference. Had paid to his brother one of the Mal. notes, receiving from him the difference between that sum and 4001.; that being ruined, he had, on the 2d of the month, conceived the intention of re tiring to a foreign country ; had on that day given or ders for a quantity of American Stock, for which he had no means to pay ; that on the sth of De.. cranber Inc quitted London for Falmouth, having emumitted an act of bankruptcy on that day. The Bankrupt was followed by the Defendant's Solicitor, and delivered over to him the property found upon him; a deed of assig-ment was also executed by the tankrupt to the Defendant on the same day, by which he made over to him the sum of 15,0001. and a Warrant of Attorney, to confess judgment for that sum. Being indicted for felony for this offence, the Bankrupt was found /witty, but a case being reserved for the opinion of the Judges, be was pardoned with out any judgment. The question was, if the Plain tiff was entitled to recover wholly, or in part.— Now, upon considering the whole circumstances of the case, the Court was clearly of opinion, that if :Jay property was originally covered with a trust, no change of circumstances could give to the Assignee of the Vector, any right beyond that hich the factor himself formerly enjoyed. The ::buse of a trust could give to the abuser of it no right eifich he did not formerly possess.— That being guilty of a tort could give to a man a right which he had not before, would be mischievous in principle, as was urged in the course of the argu ment. Supposing A. to be entrusted by B. to pur chase a horse for him, and that A. instead of a horse, purchased a carriage, would not that carriage be equally the property of B. being purchased with his trust-money, as if A. agreeably to the terms of the: trust, had laid it out in the purchase of the horse. which he had been commissioned to purchase for B.? Property of whatever description still followed the' purposes of the trust to which it was originally destined, till it could be no longer discovered to be the produce of the same fund ; ear.marking of pro perty was a distinction more of fact than o law.-- Money, if suffered to get from the hands of the prin cipal into the undistinguished and uudistinguishable Mk THE STATESMAN. g eneral coffers of the factors, lost its ear-mertt, but if suffered to remained in a bog, it stilt conch:tied ear. marked as the property of the principal, and did tot pass to the Assignee; of the Factor, supposing him to be bank rupt.This doctrine was clearly laid down iu a variety of cases, particulasly fa the eases otLa Costa and De Testa. Scott and Sermait,Wiftombe, etwthrob, &e. In the latter ease, the Factor, Instead of employing the properly entrusted to him, in the way he was di rected to lay it out, invested it in other goads, and on his becoming bankrupt those goods were held to be the property of the Merchant's estate, and not the property of the estate of the Factor. If a Factor chose to lay out property entrusted to him for a par ticular purpose in the purchase of other goods, it was clearly established, from a uniform train of deci sions on the subject, that those goods so purchased did not belong to the Assignees of the Factor, but to the principal. If the Factor, again took bills for the amount of the goods sold, payable on a future day, such bills were understood to be held for the benefit of the Merchants; or, if the payment was td be made on notes, they, too, were to be held for the Merchants. Lord Mansfield, in the 3d Burrow, laid it down, that specific effects do not pass to the Assignees, even though made in money ; and that sucitic remittances are covered on the same primcipler Anignoes, the Court were clearly of opinion, eotsid be its no better plight than those whom they reprearsted, bad most hold for the same purposes their; prinelpels did. Here none of the difficulties which occa►red to some cases presented themselves. The Defendant, in this case, had not followed a doubtful property, but had repossessed himself of that which had ne►er ceased to be his own property. This being so, the Assignees could no more be entitled to recover from him, than he could have been resisted in his attempt to reclaim his property from them. The Court was, therefore, clearly of opinion, that the Defendant was entitled to retain the property in question, and of course that a nonsuit must be entered. (laced, and itmat admitted on bettetf of the DeiE,.. - ` •- that the Trosteisitad not elevated it, . CITY BUSINESS. In the Court of Common Council on Thursday, Mr. ‘VAITIIMAN presented a Report from the Select Committee, recommending Petitions to both Houses of Parliament for the repeal of the Insolvent Debtors' Act. Mr. Waithman entered very fully into the principle and operation of the Act, comparing it with the Scotch law upon which it was said to have been modelled, buffo which it bore not the least analogy. lie said that there never lair boa an Act which had done so much mischief in the same space of time, which held out such an inducement for fraud and perjury—it struck at the very root of credit. In all the publications upon the subject, most of which came from persons who had, or who now were taking the benefit of the Act, debtor! were represented as poor, harmless, inoffensive eras. tures ; while the great body of Traders were rape*. sented as an artful, cruel, merciless set of be. ings—who first induced these innocent persons to take their property on credit, and afterwards throw them into prison to gratify an implacable spirit; if this he true, certainly, continued Mr. Waithman, the Act is a proper one, and creditors are properly punished : bet the contrary was the fact. There were no doubt instances of hardship and cruelty, and the great body of traders would be glad to see all Act that would remedy those evils, affording them at the same time doe protection. Creditors very naturally looked for the payment of their just claims. If that could not be obtained they were ge., amity contented to accept of so mach as the dehtoe *as enabled to pay ; but be would say that 19 out of '2O of the persons who were:liberated, were persona who deceptively obtained credit knowing they had not tie means of payment, and without even having had such intentions; the facts he should state would show it; for it appeared• by information he had ob i4sioed, that 1500 debtors had been discharged "under Lord Ellenborough's temporary Act, and about 2000 under the present Act, in the space of about 15 months, in London and Middlesex only ; that theassignment of their property would not pay pound, their schedules mostly consisting person+ who had themselves taken the Act. .1f these persons were drawn in, facility and want of caution in traders r, were they obliged to live upon the !heir creditors until not one shilling was was one part of this Act the most. of .4 thing he bed ever beard, and it allowed debtors to live upon the heir creditors, as long as they chose,— years if they thought proper, or the ing the benefit of the Act, which ex shown was not until there was nothing creditor had no option whatever; 'roes he might be of taking his share effects, he had no means under this Act of • compelling him to surrender them.— Mr. Waitinnato here stated a variety of cases of a very aggravating nature, several of which came with. in his own knowledge; and although they could not be legally proved to be frauds, they exceeded in swat turpitude the crimes of many of those unhappy persons, who, by tho laws of the country, were doomed to suffer before Newgate. For a theft of 40s. a man might forfeit his life; but here a mart may abuse the unsuspecting confidence of his best friend, by robbing him of thousands, and ruining him and his family. lie stated that one person had been li berated, whose debts amounted to 150,6001.; seve ral of 10,0001. and 20,0001.: upon the whole the Act must be viewed by that Court as so destruc tive to morals, to good faith among individuals, and to the trade of the country, that they could not hesitate in concurring in the recommendation of the Committee. DUBLIN, FEB. 7. BANK OF FFRENCO AND XV. On Saturday last, the Lord Chancellor, ittended by the Chief Justice, heard the Petitioners in this matter. Mr. PLUNKETT, for the Bankers, in é very able speech of two hours, addressed his Lordship on their behalf, and on behalf of their Creditors, praying his approbation of a Trust Bred, resting the pro perty in Trustees /or the benefit 41' the Creditors, instead of issuing any Commission of Bankruptcy against them. Ife . expressed the desire of the Crodi..-I tors, that the property should be thus disttibtrteti,' tattler than under a Commission of Bartfouptiy, which he objected to as being 'the more expensive mode of .%roceedit lie stated, that there -- Bank„ notwithstanding the application of a great majority of their creditors, for his approbation of a Trust Deed. The LORD CIR tNCELLOR expressed his opinion, that a commission of bankruptcy was a imitable else. cation for the benefit of the creditors, and a writ et Riget, which he could not withhold from any cry& for of 1001. who might think it right to demand it from him. This was acquiesced in by Mr. Plunkett, and his Lordship then said, that it would be inconsistent is him to approve of a trust deed, where he was de. sired by a creditor to issue a commission which he felt himself, under the existing laws, unable to with hold, were he even inclined so to do. Mr. Towasurn, in favour of a Commission of Bankruptcy, instanced two cases, which occurred in the South of Ireland, one of them in the case of a bank at Yougllal, the property of which was rested in Trustees, nearly 20 years ago, and one shilling had not been divided among the Creditors. He also mentioned a bank in Cork, the landed property of which was immense (we believe he alluded to the bank of Sir R. Warren). Mr. llAnvelr, however he might admit the neces sity of alteration, was of opinion, that the Court should not agree to petition for its repeal, but for amendment. A Trust Deed was executed, but the proof at the ! inefficiency of it was, that the Trustees never paid one shilling, and the Bankers, by the mere receipt of the rents of their own estates, at length, afar g ; great lapse of time, had paid their debts. Mr. Cu kMPTON, on behalf of Messrs. Lynch and Co. of Galway, creditors for 20001. was instillged to inform his Lordship of their firm convrctieh; Wit if he approved of the trustees, the creditors would ! never be paid—but that if he granted the commis- sion, they had no doubt of being paid. Mr. WIIITESTONE, for the Bankers, in a very able manner argued in favour of a Trust Deed—end insisted that, after the stoppage of payment by Bankers, they were not capable of commit( ng an act of bankruptcy, because by th e i r stoppage their ; property was no longer their own. It then become 1 within the jurisdiction of the Court of Chancery, ' and any act of theirs, subsequently, coald net bring them within the compass of the Benkropt Laws. Mr. Drxox said, that it was not possible to amend such an Act, it was much easier to make fifty new Acts. He agreed with all the observations which had been male against it. Ile had himself some experi ence, and he never knew an instance where an honest man, who had been unfortunate, had not experi enced liberality on the part of his creditors. Ile 'tumid he glad to see some measure that would re lieve unfortunate debtors, but was decidedly of opi nion that this Act must be injurious and unjust in its operation. Mr. JACKS seconded the motion, fully ngreeing in every 'respect with the statements of the Mover, and coacurring with him in the stature and character of the Act. lie read extracts from Blackstone to cor roborate the opinion he maintained. After a few observations from Mr. WAyrsistisr, the Report and Petition were carried unanimously. Mr. PLUNKETT then stated, that if his Lordship felt - himself bound to issue a Commission or Bank ruptcy, it would be competent for the l'iusteoi, under this deed, to file a Bill to establish their right, and to have the management of their affairs The LORD CHANCELLOR acquiesced in ehts, and expressed his wish that they should do self they found themselves warranted ; because, in fiat case, said his Lordship, they will have an opportuolty of appealing to the house of Lords, if they.tshould be dissatisfied with my decision ; whereas, in esatterowf Bankruptcy, his Lordship observed, bib decision wesfinal. Tke Trust Deed was called fur , but wit not pro. PO LICE. —Nob— Mr WHITISTONE stated himself to be authorized levirt-ftttArtt.—Yestertiay, Sarah Ferpf s & a , by one of the Trustees to say, be would execute it if miserable looking old woman, upwards o f GO year s of age, was committed to Bridewell to take h er trial his Lordship desired him.—[We believe he alluded to Mr. Denis Browne.] at the Westminster Sessions, for stealing pewter e t The Loan CirAn cmoft said, he felt himsdf p , from C. Bearpark,Notthumberland Arms, Northern, obliged to issue a new Commission, as prayed by the berland-street, and from John Richardson, sun Petitioning Creditors, and accordingly directed the Scotland.yard ; the landlords observing that th ;d formerlCommission to be superseded, but ordered that should prefer prosecuting the receivers if th e y cue all the proofs of debts, made under same, should be get at them. transferred to the new file of proceedings, without She was taken with the property of each landlord any expense to the parties, and stated that he could secreted about her. not give his approbation to the Trust Deed. Mr. COLQUIIOUN remarked, that the old iron shoo ought to be the objects of their scrutiny, as there were upwards of 8,0(X) of such receptacles about he metropolis; and if there were no such places he f.!t ' convinced that such extensive depredations would not be committed on the publicans. Bow-wraerr.-- Yesterday seteral persons were convicted, under the Lord's Day Act, for carrvitt4 on their lawful callings on Sunday, in Covent-gard e , market. WORSHIP-STREET.—Yesterday R. Hall, ostler at the Malt Moon Inn, Rollaway, was charged wiih robbing Mr:elements, of a iibantfty of bay, straw, potatoes,• /kee The Prosecutor stated that. he was tai cow-keepe r at Shoreditch, and rented a farm at Finchley, from whence he had seat to town what of the above arti cies be wanted ; the nalf Moon being a baftway house, his horses used to stop to bait there ; and in some weeks be missed fourteen trusses of straw, and other things in proportion , - suspecting the Prisoner, he had him taken into custody. Others also being suspected to be concerned, the Prisoner was remanded for a full investigation of the whole on Monday. ROBBERY lit LADY . lartOcToß's. Ert:--k:bll7k/Ok^ sits charged with stealing a 251. Bank-neta, the property of her Ladyship. `• The Prisoner was footman iii the family, and the property was stolen from Lady Procter's drawing. room. nit evltiOsteeaglitiorf the Prisoner was r lint hoe ladyship having Wt her dream' opea in the drawing-room, whilst she retired to her dress. igg-room, the Prisoner was the only persoit who had entered it, and the note in question wag proved to have been there when Lady Proctor left the room. The Prisoner, at first, denied having been in the room, but he forgot he had placed the candles there. He was remanded for another examination. HATTON-GARDEN.—IS has become a practice of late among thieves, to steal the dials from the par. lours of public-honies. One of these articles was stolen on the 44th of January, by a genteel-looking man, from the sign of the Adam and Eve, at St. Pancras. Hand-bills, describing the Alai and the reputed thief having been circulated, Mi. George hlinviey,. a pawnbroker, in Fitzroy-squnre, silty 'one of them, from which he discovered fiat Slteralol had been pawned on the same day at Ms .shop for 21. byt . a person calling himself J.4,ing v or No, 9 1 4:t0w.m . street, • Fiftwo _ rwirdre. citypior, person 'said be found ansi.eting the description; but a lad has since brought the duplicate of the diode,. with a great coat to pawn at the same shop, and *u taken into custody ; he said he had liven trim a young man of the name of Berry, whom he pointed out. Berry was accordingly taken into custody, and brought up yesterday for examination, when he was identified by the pawnbroker as the person who pawned the dial with him on the 44th January. The Prisoner was remanded until Tuesday next. ASSAULT AND SWINDLING. MANSION-HOUM—Yesterday Monads Lewin was ' brought before Mr. Alderman MAGNAY, charged with an assault upon Mrs: Graves, a respectable housekeeper in Angel-court, Throguiorton-strett, and with several acts of swindling. It appeared from the testimony of the Prosecutrix, that the Prisoner, in company with a person named I Shekel's, came to her house some months siuce, and representing themselves to be merchants, agreed to take two of her rooms for one year. These they I proposed fitting up as offices, but although they met each day in the apartments, nothing beyond an old desk was procured to furnish the counting-house. !The number of the partners, however, seemed to .ucrease, and they held nightly deliberations, which ; generally produced quarrels and fighting among themselves. After a short period, a set of account ( books were introduced, and the Prisoner ordered a chaldron of coals to air the counting-hocse. These Iwere provided by.the Prosecutrix, and the merchants continued to meet for some time. Soddenly, how : ever, the party altogether disappeared, leaving be. hind them the desk and the set of books. The Pro secutrix, however, not willing to sacrifice the money due for rent, coals, and other expences, set on foor, with other creditors, an anxious search, and at length obtained information of the retreat of the Pri soner, in Bond-court. Having arrived rather suit denly, she found him in company with Mr. shakellis end having accosted him and presented her bill, the Prisoner struck her a violent blow upon the breast, I by which she was brought to the ground, and be. dime insensible for some time. The Prisoner was taken into custody. It was also ascertained, that previous to his going to the house of the Prosecutrix, be and his partner had carried on the same system at the house of a Mr. Bailey, i n Tab ernac l e -walk. I A number of respectable persons appeared its charges against him. j The Magistrate regretted, that none of these cir. eurnetances amounted to a cause for commitment. —lt was also right, notwithstanding, that the public should be on their guard the numerous tribe of swindlers that at present exists in the metro polis. lie would certainly, however, commit the Prisoner for the assault. The Prisoner offered bail for his appearance at the Quarter Sessions: one of these, however, proved to be Mr.Shakells in disguise; the other a person who represented himself to be a housekeeper in Spitalfields, but who, upon being' more closely ex amined, confessed himself to be a porter in a house in the Borough. • . The Priteper was then fully committed for trial- A most audacious robbery was committed in the brewery of Mr. Hunt, in George-yard, Hull, a few days ago. One of the men, alarmed by the sound of liquor issuing out of some vessel, discovered w cask of ale of upwards of 100 gallons running to waste, which he immediately endeavoured to secure in the best manner he ,quid; and when he had effected his purpose, looked round for the large brass cock, which he supposed had been forced out by the liquor, but it could not be found. Another of the seen, in toming.tOvrards the brew-house, just when the occident happened, met a Man in the passage, wile passed him hastily, ass& who there is no doubt had wrenched the cock out of the cask, disregard. ; ing the damage be was likely to oc.caden v for the sake, I.ON Dos t Printed said Published by D. Gov of the trifling value of the article. STATE3II4II Orrice. ti, tieri-vtcret mode of proceeding. He stated, that there was pro. that theassigom perty sufficient to pay all Creditors their fall 4.. Id. in the poen mands ' and a property of 12,0001. per atitsitto'foittb.t of debts front pi coming to discharge the debts. benefit of the A The oL I TTORNEY-GFNERAL, on behalft4ie QA and induced by titioning Creditors, replied, and insisted tb yto take credit, Creditor whose debt amounted to 1001., had d • property of thei to issue a Commission of Bankruptcy, if he thou left ? There fit, and dents stew Constislation •frentlifti s • esieft • " • • tilgthon, that i , The SOLICITOR-GENERAL followed on the loiloPeolil of thei side, and quoted, among many other cases, a Mei. ffo• IrO p 1 $0 yt mination of Lord Chancellor Fitzgibbon hi tlse Option of takin case of Hayden and Rivers, determined t o 1794, perience hid sfic i when, on the petition of Mr. Greene, his Lordship left, and the felt himself, contrary to his own feelings., obliged' however desirot to gnat a Gotemission of Bankruptcy against that- of the debtor's. . . • - - - • • E aria 744 • The fis st I no' price, GRUM 11 1 . 0.41 Boy Prices Galler i ) Rr.snd 19P09 1 11 Wow Those howl OW to issair and. sm bw... I Artisi 11. emir Wi C C , BRA tarts Mals his istr wen bulk the Merl dot IPsis • meet Orel web tier R. au. esti 11x. aid I rito W soil tat St stri Sc,c obi S 1 1 1 1 • II 1 • .• • •