The Statesman. — London, England, 1814-11-07 00:00:00

..e' LAW 'ELLIGENCE. COURT OF CHANCERY, Nov. 5. . TX-PARTS ealtlr, I* TIES It ATTIMIIit WHETS... This cue was reheard vs Saturday, and judgment pronounced. Mr. LitAca, for the Petitioner, stated, that ,It eras obvious no want of diligence had been mani fe%ted in the commencement of this proceeding. The commission of the bankrupt White had been taken out in Jan. 11114, at a time when Raise, the creditor, was himself in confinement as an insolvent debtfir. By means, however, of a day rule, Rains had attended two of the meetings, and as to what passed at these meetings, there was undoebtedly very diffeient s representations. In answer to the af fidavit of Mr. Thomas, produced on the other side, he now held in his hand the elfidavit of Mr. Rehm himself, who deposed, that he had attended the first ilseeting of creditors, and was in course of proving his debt, when Thomas opposed him, end stated, that as his claim was matter of account, it must be referred. The affidavit went on to state, that the Deponent afterwards atteeded„ both in person and by Counsel, when his offer** prove was still 0p... posed, and he was advised by Mr. Basil Montage to let the matter stand over. It was true that as action was subsequently commenced against the . Bankrupt, but was this exercise of his personal re medy to bar a creditor from afterwards proving his debt andei the commission and to operate as a com plete discharge of the 'Bankrupt's estate? If the question was reduced to this point, it became a very. important coosideration indeed. Ile would suppose that the creditor shneld. he of opinion, that the corn-. mission was intended only for the benefit of the Bankrupt, and that he was not likely to receive a shillior; and under this impression, that he availed himself of his legal remedy, was he to be then told, whatever might be the amount of his claim, that the certificate had already released and discharged the estate : that he came toe late, and that his first re medy had incapacitated him from proving under the commi4cion ? The law, which very properly always looked with a hemanedisposition at the situation of bankrupts; had become since the last statute indul gent to them to excess. Before the late law, a cre. ditor might first prove under the commission, „and remain still entitled to his personal remedy. This power was now gone, and a few creditors might mew discharge eke bankrupt from all his obligatlegii Though it was not entered upon his brief, he sight add, that there had yet bees no dividend of the pro. perty of ‘Vbite. Be trusted that his Lordship, after this expltanetion, would consent to give the order prayed for in the petition. Mr. HART observed, that there were two points for his Lordship's consideration,--first, whither the creditor was not precluded from the tight which he new claimed by hit suit at law ; and secondly, whether the facts of the case were not such as would prevent any creditor from now interposing. If the present petition were to stand over, the Petitioner, in his character of Plaintiff, might go on to fit the hall. He wished sow to contrast the affidavit of Mr. White with that of Mr. Raise. Mr. White deposed, that he had accepted various bills for *sine, upon. Raise's ears / pow to provide him with the mamas of paying themt that Raise had failed. in execedms this engagement • and that these billet-.to - th e seassit 7561. had b een proved under his commission, and that there were others outstanding. Farther, that Rei'm's debt was created by his giving do credit to White for the bias so accepted. -Ti. CuAIiCELLGR Prupired, whether the ariment - or she debt was such as would turn the certificate. Mr. LEACH laid, it was stated in the affidavit of the lk.titioner, that be apprehended sad believed it would. • Mr. HART resented, and stated, that 19 creditors bad signed the certificate, and had proved 3,1181. With respect to the circumstance of therehavlng been nn dividend, this was owing to the property, con sisting of a brewery, which the assignees had not yet. found an opportunity of selling to advantage. Mr. G •'y, to whom the assignment of Rains's debt had been made, had offered to limit his proof is the mist of 5(X)'; Hes t then, could he now claim to prove the whet., vit. 8601. ? _ _ _ . - Mr. MONTAOU I on the tame side, 111Hded to the hardship suffered by the Bankrupt in having bad this' petition filed against the estate previous to the long vocation. He would not hesitate to say, that there was not a single farthing provable by the Petitioner ttoder the commission. It was impossible for the Commissioners to have &Howe(' such a debt until do estate should be cleared of the bills of acconnalsia... tion which had passed between the parties. Mr. ICICH. in reply, repeated his former state. tnent, that this was ra commission intended - only for the benefit of the bankrupt. As to theaisertion that this debt had grown entirely out of bills of access.. etodation, it appeared by Mr. Grey's affidavit, that Baster, the bankrupt's clerk, had told him that be alone could understand the intricate account between the parties, hut that there was a balance of SOM. dee to Mr. thine. Was it surprising then, that Mr. Grey shout') upon this information be willing to accept as a compromise of that sum ; or, again, this offer being refused, to proceed for the w hole sum which Mr. Rains, whose assignee he was, had sworn to be due ? By a statement thou in Court, it clearly appeared that the claim of his Client, itadmitted, would tarb the ter tilicate. With respect, then, to the imputed delay, Mr. Grey undoubtedly stood Precisely in the stare.. tion of Mr. Maine; but he contended that there was no [aches to he ascribed to either. Mr. Reim had, attended two meetings; he had offered to prove Me debt at both of them. The accounts were complicated and he was advised to consult Gemmel. lie accord ingly consulted Counsel (Mr. Montagu), who sp. peered to have forgotten ell that passed, for a.very sehstantial reason,—because ke bad best - since re tained by She other side. The assignment of the d t br was matte be May, end between that time and July, Mr. GI" was advised Ie bring Ms action.— iie now came to take the oMy step which remised to him to take, the certificate being advanced, and there being no, prospect of any benefit .aeanitiog to him from it. • • . The Loan CHANCELLOR then ptiesemested his judgment : be agreed .that Mr. Grey said net be accused of any unnecessary delay, or of any step which were not strictly justifiable% him, in hie cite. rector of trustee for the ether ',editors .of Raies...-. M. llq, a 'respectable iiattet , the vicinity at Red Lion-square, was, the. Sitting Magistrate, for elimination, with having feloniously Stolen a ror of John Mitford, Esq. of No.Bo, on Friday evening, and also with • ly twitched the Prosecutor, in order escape. Seytnoar•ptace, 'clock the preceding his sitting - to get in at Aria fire-arms, wind.", and sa , to. be the , ug h ,asid fired over cared Avower, secured sky saw t•- John Mitford being swore, said , his carriage about nine o'clock the ing„ at his house in Goildford-street the name' of. Williams drove him Inn, at Hounslow ;'after he got oat lad went into his own house, his • a trunk from behind the carriage rind the trunk fell on the pavement happening to pass, the night beL down and went off with it i • witness calling out " Stop thief!" he overt( eight or ten doors distant ; witness and demanded the rope he had stole ing it, and struggled herd to effect struck witness several blows; witness . the rope out of the Prisoner's stronger than the Prisoner, he k watchman came, and took him to where he gave charge of him. The rope was thin produced, whi or three yards of small old cord. penny. _ . Mr. Hay being asked what he had self, said, it might be about nine night dark, when he passed Mr. Mi passed between the carriage and the lay ou the footway ; but he happened one foOt on part.of the rope, and ac on his other foot, got entangled in rope, and pitched him five or six pai Aid not Kill, but he had a very tun stooped down sod took up the rope move the nuisance, least any other meet with a similar accident, withou taking the rope, but for the purpo? 1 away, when he •was followed by who ran after him, crying out 64 had the rope in his hand, and off( that would not Rifts him, he grit wage, struck hien repeatedly, and !his back, which he produced; and hi fat man, he dragged witness along thief, and gave him in charge to the Mr. Painter, a gentleman, who passing at the time, said that he saw IZeitiynotot be the Milford. Mr. Mitftird was running out " Stop thief I" he took the Pri ler, and challenged bins as a thief, and they struck each other; but Mt a more powerful man, he succeeded Hay along, and gave him-in charge • The. Magistrate advised Mr. Mitfo, aharge of felony, to which Mr. Mitt The Magistrate aid he should take hi: the Prisoner for the assault, it being the Prisoner bad no right to walk or plainant's property. The Prisoner was ordered to find did on the spot Untost-ttaxi:—On Saturday T. Brown, who were stopped in St. on suspicion of having taken a box their possession, were re-examined. Dr. Benson, of the City-road, consequence of an advertisement' in `applied to Collingbourtt to see the staining it found it was his prnpert stolen from his house en the day on were stopped.—Committed. W. King, alias Murphy, and T fully committed for trial at the Assi! a trunk, the property of Mr. Pray Holborn-hill. A baker in the Borough was charged alum and other unlawful iogredien lion. • May, the officer, went to Defe ' weigh his bread, and proceeded t mixes, where he discovered a bag ck of alum, end a quantity of potatoes state ready to be Weed witit flour. Defendant said he had only acted baker did. Coed 101. and costs. ATTEMPT AT SUICIDE,—A young in . -a gentleman's family, in Bed, tempted to put a period to her eaistenk day evening, by poison. It being disco medical assistance tins sent for; be veyed to the workhouse with little hopes DETONATING BALGB.—The son lighterman, in Thames-street, was with one Of these balls, on Tuesday ploded, and wounded him so severe' that it is feared htvill lose the use Last week the followlag horrid deed was berm, near :Belton :—John Addy, aged addresses to the ditughter of a Mr. Baiun, boarded, said eat Anding hir attentitusetwoul tuiovr where. Mir IL was blending, widpu her ;shortly sifter, he stepped bebiod her„ai rot her throw ;he then-cut Isis owe, sad rushed law a cottage opposite, witereitetlakd aisaselt profusely, Sungiati assistance was procured the Wound is list in either ease expected (Garabridge arerkle.) Priniki god Pubbshea by ST.Tsliman ()rms. 27, Fleet. T , .r;,: been drinking.—Revalladed, _ Saturday ling robbed of various i and full' . , . . , IT ..= • . . ... . . .. , . .. . . . - . . T ut .KrATEsmAr4 v= _ . ___.....A.P.P1M11116...........r..........,+.1. .. • • . ti :th.,1,ii..1 4 , . -- -f r CoMmlosloners appeared to -•- POLIO'S. N , 1.;..••-; - :•-••••••: .- •• -• 'Mei IL Ntiained i Sera sbe nisi* rem blame. With- respect to ~ - . —Alm. ' • - that *best eight o'clock 1 liegadoes of there not having yet been a, di- - , • . On &tertian Charks Butler female servant came into t ri l 'heesaid do sithiug to stay the 'tertilicat, *1( . , • , line two silvor alseons from the, lb" men Were attem p tin g I • , 1,• - ivoit frigic i alsik p risoner wont Haring *provided himself • a that ground. ' Previous to the 40th 4440.1.194, Imago; ; - • ikropt, who might he and often had WOO ullerr luta tbi r . ''''. ' e a Th an d a y i v ho o t, f or wo o . the back first' door windus st man, cferteitsly etoed in a very hard siteatins, w ig" k t il a issiken t he .p a id‘ ' .bm and ' fl aked 4 10) Rs 46 b . ,ifb turned *WS his withoet the thavloteef moral tevpitedion ' 'swat, go . s e ript ik etteen k en g i i i isiii, l ow*. ji gab r ;:Pliitb"ntioun to Ilistot Mal id. Whatever eight be Ms merits, heCoald not igi;d.i, ta bl e " pe o n . O n g r a," I ,isoar' 'der. He wis, he y Prisoner : . • Prisoner eaolelf.loodi n his certificate *WU was signed bY tkfrAftb, .ugainj'isnd having lakes soup, was a second .t s creditors In eliffigbitua widths in 91111 bh •• 110.- walking ae . when the waiter missing another siloo , hbeen stated that di nearly it aPProaebbik l• Mat 'measurer Of it roll stopped litelbpd accused him of the ft . 9 sa en in his eompany. • : there was ho cerieteke; .and it followed theta 1 Prisoner confessed his crime, but pleaded fof Prisoner said be had bee e creditor frequently had it in his power to with- ! mercy, alleghsg..thatit was his first offence. •,, , .. s HiIieTON.GA R,1)1111..--0111 IC it, in oppodtioe to the wishes and sentiments fl • The waiter said it was not his first offence and r a w charged with havini le others, and to seise at once open the .pro romlnded him of Ms conduct the day before. • ' 4. . ' Mr. Wood, Staple Inn, of bum• person of the bankrupt. Even slows Is Prisoner did not deny the justice of the accusation , enure,' was re-esamined, Chelems or e r4 !ding room, wog le i L at the back fir 'inns, he *trek • aw a ma" or 1 1,6 e Prisoner. Mo o • red over his hoot for neither A l i !cuted ; and ki te two others in fit I Iryiibertl6-"41:0Cia:rbil:161:14oe" • COSCh.miker i gas brought bef or e titatien, ch rom e ape, the prop e ki Guildford- haring violo o r 4 rder to effegt kt i that he arrived hl is preceding even. • 'et ; a post-boy from the Geer. at of the (*nip servant carried le the rope eft eat ; the Prime ing dark, stop* ness pursued M IN Betook him about ess collared hi st e ; he deniedintr. his escape, and tess at length took hind, and he* . tept him until** the watch-k' esk high was only two d, valued at ow sad to say for himo o'clock, and !b i-" --• Ward's house; he e dear. The reps ": ned to stand with as he was stepping in a noose •of ths nices forward ; be , arrow escape;. he pe 111 order to eft ter person world , Put any thought of lose of throwing it ‘.‘ the Complainant, Stop thief!" he ffered it him, hit spirted him like a d tore the shirt of he being a 'power- g like a cameos . 1 e watchman. happened to w Mc. Hay golog rope in Ws hand i as stated by Mr. after him, crying honer by the col. a scuMe ensued, Ir. Mitford bell d in dragging Mt. to the watchman.. ford is forego the itfoed aesented. , -.• his charge against with h 7ff established,te Cra as . td bail, which be .Dazvson awd . George's-fields, coat they had is stated, that is n the papers, be coat, and on es- rty, and had beets which Prisoner,: Blakesley, were tizeo, for stealing trnak;maker, Irged with haring • Its in his posses. endant's house to to search his pre- :ontaining 12 02$. toes boiled, is 41 ad as every other . . / woman, sernalik !ford - squaw. at. , tence on Widnes , ' liscovered in time, int sbe was con• hopes of recovery of a respectabW amusing himself • r last, when It e:- trely in the face, e of both his eyes. a perpetrated at sty- -44, hewing p aid bb i, in whose Dose ke united, west into the pliseed Itisabelf beside drew out a razor. nod ushed out of the Indio welt down. and bled d istrre..,ret ll f :;: l ove ra iost orri 4l ; 10 1 ! :/ D. LeviLb; 8.1 the eet4ttret. 2,4 r • On thi aim to the all •idend i upon that a bait honed and this bh part. of the ever near', single hold it, all the and person . bankrupt, measure was reduced to three-fifths, it was possilde that a single creditor might still bold this power in. his hands, and persist in Ms refusal, the assignealft. the mean time doing what they pleased with the estate and effects. Such was the law, and the law it was' his duty to administer. The law now distinctly. said, that if you prove under the commission, yes must abandon all your personal remedies. The dif, ference was likewise striking which the law had made between the situation of a batikrapt, and that of an Insolvent debtor not a baukrupt. The, : former was 'compelled to submit to a distribution effects, whilst the other, incarcerated to be et live as many had lived in splendour an on 'of his whole property. The role by w e Ginn was accustomed to exercise its discretion tipon mo „lions for staying a certificate, was the degree of hard ship which the bankrupt had sustained by the pro ,needings and conduct of the out-standing creditor.— Jlis predecessors in that chair had always required a creditor of this description to' use ill possible db. patch, and to show that degree of candour towards the bankrupt by communicating his inteutions, which might save the latter his time, labour, and expence, in procuring fruitless signatures to - his certificate. — The numerous. signatures attached to the certificate in question showed decisively what was the opinion entertained of the bankrupt's, character by the ma jority of his creditors, nor did the Petition itself state as any ground for the motion any mal-practices on his part. It appeaied, therefore, that Mr. Grey the Petitioner was the assignee of Mr. Keine, the credi- Ser. who had got proved under the commission; end that previous to this Petition the bankrupt had - Mei' arrested sad held to bail. Under these circumstances, and regarding the motion as mad. for the sole pur. ' pose of staying the certificate, the Petitioner himself stating that be had .no prospect of benefit resulting from his proof, he felt it his duty to dismiss the,. Pe. tition with costs. end .confessed that belted told the former spoon to a Latta for 13s. 6d.--Committed for trial. !: . Goii.onet.g.—On Saturday, a Scotching°, named 1 1 Jiks. Stevenson, was charged on suspicion of bovine 1 stolen" tab of butter. i - An Hibernian watchman stated, that he met Tehranr on the preceding evening . with the tub on his shoulder,' ; n St. Paul's 'Church-yard. He sited him ivhai be• d got there, and he said 64 • 011;" upon which,. owing a tub of butter from• one of the feline species, hotooklim into custody. Prisoner, in his defence, gave a very . satisfactory account of the mannerin which he obtained the but ter: he said it had been sent to him from Banff, by the ship Juno, and' had been left for him at a friend's, house at Wapping, and being employed 'at an army . clothier's, in Bedford-street, Covent-garden, he was not able to go for it till he bad done work. The watchman asked him what he had got, and he said a " oket," meaning a 6 ' ket of butter ; " he did not mean " a mouser!" A letter was then produced, bearing the Banff post mark, stating, that the 46 ket of butter" in question had been sent by the Juno. The Magistrate finding that Prisoner had been de-• - tained by mistake, and in consequence of his north ern dialect, expressed his -regret for the circumstance, end directed he should be discharged. • Bow-triterr.—On Saturday, Thomas Elliott was charged with selling game. Prisoner called. at the Green Man, Bow-Street, and offered the landlord two. bares for sale. The landlord declined pur chasing them; but Dickons, the Officer, who was in the tap-room, bought them. Prisoner being ques tioned as to where he got them, said he would not answer that gthstion. The Magistrate was about to convict him in the penalty of 20s. when an attorney submitted, that he could not convict, not baring a regular informa tion before him. Mr. Bram° then asked Dickons if he would swear to ttis belief that Prisoner did not come honestly by COURT OF /COG'S 4ZICCIII, GUILDRALI I , !Rm.& the hares? Aoswering in the .affirmative, Mr. B. committed Prisoner for re-examination for felony. OE Tina? tt. SARatAis PiTRAORDINARY ROBBERY. AND PRETENDED' Mr. ATTORKEY.GENESAL stated, that this was as - '-.' BOW-STREET OFFICER. action brdeght by Messrs De Tastet, Le-Costa, and James Kusick was brought to the Office by Wit- Bargee, merchants in London, against the Defend- ' son, one of the patrols belonging to the Office, ant, John Garcias, as drawer of two bills ofexchange, i Charged with robbing the Rose public-house, in the one for 8001. and'the other.for 7001. at mance ; Rose-street, Covent-garden, under the following and a hatf,•or three months. They were drawn upon : extraordinary circumstances : '3. P. Quintero, Treasurer-General and Director of i On the morning of the 15th of October last, about the National Negociations at Cadiz. At the time •• hilt:past six o'clock, the Prisoner in company with the bills were draws M. Gerdes wits, resident in another man , went to the door of the Rose peblio this country, as agent forthorS:: - - ~, -, maremsent; ! house, in Rose-street ; the door of the house was and as he had occasion to . --, ,-' , , t o o .g o nsr.; lip ..opened by It young • man who ' lodged lit derable amowit, h a lo* .11 • • '. 4 • tha il ! ilmT house, whom they told they were Bow-street Who 'repre - smvie& - ifteliiiiitsces of the kingdom of . Offiegro, and had a search warrant to search the "Spain. Plaintiff hewing emerilion to remit mosey to ; holeeor stolen goods ; -the 'yeenresen called up Spain, went to del lizehange, and through the me. i Me, Kelly , the landlord, who immediately came diem of their broker purchased of the Defendant for ' dews stairs, only half dressed, when the Prisoner 15001. the bills in question. They transmitted the anditis companion repeated who they were, and the bills to Cadiz, bet pewit)** tie their bechming due t business they had in his house. Mr. Kelly assured the seat of Governsiant hid' been transferred from them they were misinfntmed, but requested they Cadiz to Madrid. The bilis were presented for ; would condect themselves - with as mach decency as payment at Madrid, and returned dishoogepd, the po*lble, as his wife had 'only been brought to bed consequence of which was, that the Detiii'Sent be- , the'n l / 4 kt before; they then proceeded tip stairs, and came liable to pay the re-exchange, to reimb*rae the i Mtt. K4lty attended to opening his house and his amount of the bills to the parties who had bought , Witness. They returned down stairs after some them, together with all costs, charges, and expencem [tie!, and told Mr. Kelly they could not find the ' The Plaintiffs accordingy sent their clerk to the DIM • they were lo search of, nor a man of the fendant, requiring to be repaid the amount of Owl y . • Frank Riley, whom they were in pursuit bills, with the charges. The Defendant examined the Werid were informed he lived in that house. They documents. made observations upon them,' and ; issmied him they had not disturbed his wife, and "finally gave a c h ec k on hi s b an ke r f or the fell asked to be treated with something to drink,* and he amount. The Plaintiffs presented the check, whea l rented them with some gin. After they had been to their astonishment they were informed the * . D.• , . sometime , Mr. Kelly went up stairs ' when he fondant had directed that it should not be paiii.--..; : that. they had been into his wife's bed-room, What pretence there could be for Such conduct, the !gnd on going into Ms own bed-room, be missed his Learned Comma said it o was difficult to conceive; 1 hatch, chain, and seals, which were of the value of nothing had occurred to relieve the Defendant from ,101.; he lefrthetn on a table when he left the room, his liability, and he therefore trusted the Jury would ! and noperson having been in the room after he left consider the Plaintiffs entitled to the principal, re- I it, he had no doubt but .they had stolen the pro intehanga, costs,' and ieterest, from the time when the perty. He enquired at the Office, and found that siesturY might to bare blew paid. _ - ' the charge of stolen property being in his house was The facts Were clearly proved by Mr. Dawes, the ' groundless, and that no Officers 'answering the de scription of those who had searched his house, be- Plaintiff's clerk; but it appeatd. on iris cross-sit-' longed to the O ffi ce. On describing the persons of amination that, upon the dishonour of the bills in , A n, Wilson, the patrols, had no doubt of the Spain, duplicates of the protest had been transmitted j 'p1.1844, from the description, being one of to this country. The protest that was not annual- ! " 4 "" ir y them, has been since in pursuit, of him, in cense pinied by the bills happened to arrive liii4 the • a ' e Plaintiffs therefore thought it onsecessary ,00.. de- ' 4 ! enCe. • . eland their money tin the hole tele . reeeieedoorw. 1 Ou Friday night he discovered hint la a twine in aeries -street, Drury-lane he being a reputed thief lug that the Defendant would not pry without having via years pot. After some resistance he the bills-delivered op. They aoteedisspi waited, the him arrival arrival of the bills. V • Slily ended at the Office, 4 ' Attended r ed identified Mr. Cum contended, that upon this statement.* liability of the Defendant was discharged. It Was the doti of the Plaintiffs, immediately open their re , ceiving the first duplicate of" the protest, to have given notice to the Defendant at the dishonour of the bills.; Having omitted ttileleoluelli notice, they had mad* the bills their ovritrftatt'ike Defendant, though he had given a check for the aisity ; was well entitled to stop the payment of it. Lord ELLEYBOROVIR was decidedly of epi elan, that upon the 'arrival of the Brit set of Iloctunents without the bills, 90 notice to the Defendant.wu ne cessary. • The Plaintiffs, though•in . possession of his Lord. ship's judgment in their favour, liberally offered to give ttp their claim to thd re-tatchsnge, and even to imstApir own costs of suit, upon receiving their opal and interest. • :This proposition was readily assented to, and the Jury returned s verdict far 'the Plaintiffs—Da asps, 1574!. him as one iv( the men, . The Prisoner was committed for trial. BAKERS. QUSEN•SQUAnt.—On Saturday, a baker, named Rolls, was Summoned in consequence of a quantity of breed having keen seized on his premises by Pople, titritlijitier, It being short of legal . weight. There were *teed 34 qoartern, 42 half-quartern loaves, ige. tad on the 'weighing them, it was found they Ire* 1404E4 134 ounces. Some of the quarterns itilert ouncesi itrates t after lameoting that a respect s* n ShoeW thus risk his reputation, ad jdd he pay Is. 3d. per oz. for the delitiency.— Psmaliy; 91. 125.'61: • costs, 20,. tairmAD O ULDIPRs AT CHELSEA, have been recently con. wit efataintrod, by military invalids quartered. in theiedglibaiitit4ed of Chelsea. iii 43i %Invalid, lat . * of the 39th regl itsat, woodwork loppkionitt hulas zelansitted divers feloolem: 44 4 16? ''" • " i r . I - r - J.- -PK t t cf f-c .`!W 1, ' ~