The National Register. — London, England, 1819-05-23 00:00:00

MA Y 23. tit restilliciiiii; upon which a most intolerable inhbeir took niece. Ciiesuf is partiality," " unfair." were echoed Ihrungh the room. The Chairman was loudly called upon to divide them •eting In ascertain on w hich.ide the majority voted. This was refused, and the noisy h oring increased, tae Chairman lefi the room; on which Mr. Woolrr pro p-med that Major Cartwright shmill take she Chair. This atation, which wits see led by Mr. l'camim, was carried I. the kr persons who olulined in the r.ii tn. _ . A rote of tensor, was then paned by the .tnall iisembly u . .na the Waste Chitirinlii, for not havirg obeyed the tt ishes I.f the mestisg. in dividing the room. and it was declared thnt the anseadraeat had been earned by a vast majority After thanks had been voted to Illa k j , 4' Cartn idhl for hi.. impartial conduct in the Choir, the meeting ra t eably separated. ABSTRACT OF THE NEW INSOLVENT DILL. The new Inolrr..t Deetors' Bill authorises Lie Majesty to appoint three Barristers. of six years' moulding at the least, to be Cominiutoners for the Relief of Ins°lyera Deb.ors. It is to be a Court of Rowell. The Commi,sioners a-o ur appoint a Chief Clerk, four Assistant Clerks. and a provisional Assignee; they shall have power to compel the attendatie_ of a imew.es. the pro. duction of books. papers, and writings, and of committing fur cutempt; u well as of tieing th..Or officers for negligence or delay. The said Commissioners, Chief Clerk and other officers to take no foe, snooty. gratuity or reward from any suitor ; nor shall any part of the proceedings be liable to stamp or other du.y what vcr. •—• Anypevson in custody for deft for fourteen days, may apply fo• their discharge. The petition to contain a schedule of toeir d e bt,. as weal as of all the effects. real and personal, in possescion, rc , eriion or expect incy ; and of all debts owing to theta. In case any person shall have ben in custody on iiieg.te pro ce,s for nine months, without claiming the benefit of thls Act— or stall have been charged in execution upon a judgment—it shall be lawful for any one creditor to the amount of pounds, or for any two to the amount of , to apply by pettiion to the said Court* and such prisoner shall be trotnpelled to sur render his or her property lilt the benefit of all the creditor ; and too same forms and conditions shall be observed as in the case of a voluntary application for relief. In case any person shall refuse to dl iver such schedule of their effects, &c. the Court shall be empowered to imprison them in the common gaol or house of co,r_etion, there to be kept to hard labour, until he shall submit hitioielt to the said Court. All the estate of a prisoner, real. as well freehold and copyhold, castomary, and all primingl effects and debts, except wearing apprrel, bedding, &c. shall be vested in the Provisionid Assik,mee, n allowance to be made by such Assii,mee for the support and maintenance of the prisoner. Notice of the petitions being filed to be inserted in the London Gazette. and two other Newspapers. and shalLapint a day for the creditots to appear before one of the said Commissioners. within one calendar month, to prove their respective debts, and o choose an Assignee at Assignees; and there is a provision for veryfying the debts of cirtlitors at a distance, or abroad. The Assignee or Assignees, chosen by the majority in value of the tredl:ol'S. shall kelp books of asses received, to which all the creditors shall have free a4:44:911. The Commissioners to be authorised to compel witnesses to attend to prove or disprove debts, and examine 'Lem on oath, and allow or disallow ; claims not satisfactorily proved, an appeal to be from the decision of one Commissioner to the Court, which shall finally determine the same. And in case a creditor shall neglect to pros e his debt, he shall ever be debarred Irons recover ing the same. . . . . . . . . . The one Commissioner who shall hare to examine the schedule, aDJ the truth of the statements therein, as well as die manner in which the debts were contracted, and if die debtor shall have put his creditors to unnecessary eapence by vexatious or frivolous defence, dc. such Cummuisioner shall report the same to the The Provisional Assignees slusll make over to the Assignees chosen by the creditor all the estate and effects of the prisoner. The Assignees appointed by the creditors to be authmised to sue fur, and recover the debts, .%c. And there is a clause to oblige the debtor to execute discharges. etc. They shall make sale of all the effects upon slue notice in the Gaizetteand two Newspapers, etc.; and the Assignae , , at the end of three months. shall make a just dividend of all the funds that shall have come into their hands. Mortgages made prior to the tiling of the schedule not to be subject to the Assignees. Where debtors are tel on estates far life. with power to grant leases, the same power to be transferred to the Assignees. Assignees to be allowed to compound with the debtors of the prisoner, with the consent of the creditors. In case Assignees shall not discharge the trust, me Court shall arrest and commit them togaol, without bail or mainprize, until they account for the proceeds of the estate. On the final examination of a prisoner, creditors whose debts have been allowed may put questions to him touching the matters in his petiti o n, an d suc h other matters as the Court shall judge to be ht and proper to inquire into. If the prisoner shall answer !ittisfactorily, the Court shall order his discharge at the end of Fie months from the date of the commitment. It the opposition shall be deemed frivolous and vexatious, costs to be granted to Wm But if it shall appear that the prisoner has contracted any of his debts fraudulently, without having any reasonable or pro bable expectation of pain the same, the Court shall extend the term of confinement trout six months to a period not exceeding t h ree years ; and in ease the prisoner shall base put any of his creditors to unnece-nary expense by vexatious or frivolous defence to any action, when his confinement may be extended to any period not exceeding twelve months; or if he shall have fraudulently and wilfully omitted in his schedule effects to the amount of 204 then he shall not be discharged under a period not exceeding nine months. There are provisions for examinations at the Quarter Sessions of Counties and Ridings in furtherance of this Act ; the Alegi'. trues to remit the proceedings to the Court. The Court, upon application by three-fourths of the creditors in number and value, may order the immediate discharge of the reisontr front custody, provided that such ptioner shell not hare contracted any of the debts fraudulently. On the discharge of a prisoner, judgment shall be entered up in one of the superior Courts--and in CASe his debts shall not exceed 5001. then the Judgment shall be entered up fcr a less sum, if a petition to that effect shall be presented to the court by three fourths in number and value of the creditors. Prisoners ;;I:ii Zeaial;;;;t7;lncur the penalties of perjury. In case any person discharged shall some into the possession of any stock in the Public Nun:4. which the judgment entered up could not touch, the Assignees nut, apply to the Court, seuing forth the case, and the Court may remand the debtor to custody, In the actual gaol, not rules or hberties, until he sled' surrender such Fund,. None but Attornies or Solicitors in the superior Courts, to be al:vketi to aet in this Court. The turn of three and no more, to be paid for the insertion of notices in newspapers. The names of all persons elm- THE NATIONAL REGISTER. charged to be inserted in the London Cisme. This act to con. tinue till in the year but it may be repealed or altered at any time. a BILL For amending the Laws for regulating the manner of Licensing Alehouses on that part of the United mg,- dont called England, anti lur the more eticctually preventing D.rorders therein. Preamble. Requiring Persons to whom Licences shall be granted to enter tnto ITCOgniZaliCeß In case persons applying for Licenses shall be prevented by sickness, ,ice. fromattending the Justice*, then Justicts may grant same on taking security. Itecegnizances to be filed with the Clark of the Peace. I'enalty on Magistrates for neglect Sureties to be sworn, &c. Certificates of goal conduct. ice. to be produced by Persons applying . for Licences. Requiring like recognizance' and certificates on granting Li cences oil Special Meetings tor the purpose. Regulations respecting the filing of reco6nizar•.ccs. &c. with Clerks of the Peace. Authorizing Justices to meet at certain times for gramirg Li c. In ease of death, &c. of Licenced Victuallers, Justices may continue Licence to Executor.. Repealing parts of the exi Most Laws respecting diso•derly Alehouses. &c. and making other Prot isiona respecting same. Production of recognizance, &c. to b, evidence of persons being licensed. Upon verdict given, parties to be subject to punishment. &t. Respecting proceedings upon intiirmations fur a third offence. Justices may hear °Winces in eiLve of pecuniary penalties. Penalty on ivitnesses refusing to appear. Allowing appeal against zonviukins for pecuniary penalty, . Costs. Form of conviction. Convictions to be returned to the Quarter Sessions. Requiring Justices, in case they refuse a Licence, t 3 give a statement in writing of their reasons fur such refusal. And al— lowing as app e al to the Sessions against such refusal. And em• powering Jusuces in Session, on such appeal, to grant the Li• cence. Requiring previous notice to be given of applications for Li• ceneer for howes in certain MISC . ,. _ —.......— Regulating the manner of petilioninj against applications for I.icences. Empowering Justices in Sessions to hear matters of Petitions against ars licauon s. Empowering County Magistrates to grant Licences in Corpo rate Towns, d.c. Justicesinterated not to act in execution of the Powers of this Act. Certain contracts by Victuallers to be void. Recovery and application of pcnalues. Excepting the City of !Amnion. Saving C barters and Pi ivileges. LAIV INTELLIGEACE. COURT OF KING'S BENCH, WESTMINSTER, SATURDAY %I' 15 MOSELEY WOOLF.-.-Mr. Chitty at the rising of the Court at one o'clock, moved for a writ ofievarififeitis, tar the purpose of levying upon this defendant's goods anti chattels the amount of the tine of io,ointl. which, as part of his sentence on Friday, he was adjudged to pay to the King, on an affidavit, which stated, that atter the sentence had passed upon the defendant, persons o❑ his behalf were employed in clandestinely removing ploperty ito a very considerable amount front his house and premises, tor the purpose of conveying it out of the country, which purpose would have been effected but for the interposition of the Lord Mayor, who had sent some of his officers to prevent the removal of the property, part of which had been actually carried off. and traced to the river side, in order to be conveyed on board a ship bound for Holland. After the Learned Counsel had stated the object of Iris motion, Mr. Justice Bayley (the Lord Chief Justice being absent holding sittings at Guildhall) haying conferred with Mr. Dea ltry of the Chown Office as to the practice in cases where the Court had adjudged defendants to pay fines to the Crown, interposed, and asked whether the judgment, as pronounced against the defendant authorised the Sheriff to take out execution to levy die line ? Mr Chitty submitted, that it did, for by the judgment the fine became a debt to the Crown instanter, the sentence being •• that he do pay," Ac. Mr. Justice Bayley asked the Learned Counsel if he knew any instance in which the Court had directed a levari fiscias to issue for such purpose ? Mr. Chitty said he had made diligent search, and had found no instance; but lie submitted that the Court, under the urgent circumstances of the case, and upon principle, would interpo.,e its authority to prevent the clandestine removal of the defendant's property, so as to evade the sentence of the Court. Alr. Justice Bayley.—As no instance can be found or quoted to authosise such a proceeding. the Court can give no directions upon the subject. At whose instance is this application made ? Mr. Chitty replied, that in effect.it was matte in behalf of the Sheriffs of London ; but in fact all parties were interested in such a proceeding. The Lord Mayor 's officers were now is po.scs aim), but unless the autl.o.ity of the Court was interposed, the defendant's property would be at his own disposal. Mr. JJStiCC Bayley —The Court do not authorise the issuing of such process, but if you are entitled to it by law, the ht,v is open to you. Mr. Chitty took nothing by his motion. It is said that the property of the defendant attempted to be removed is worth nearly 10,000?. a circumstance of considerable moment to the Sheriffs of London for the time being, win), by the charter of London, are entitled to the line imposed upon the defendant. _ _ Al one o'clock the Judges of this Court adjourned to the Exchequer Chamber to tneet the tither Judges, for the purpose of privately considering certain iximinal caes reserved on the late Circuits. MONDAY, :(AY 17. At the Sitting of the Court, Mr. Hunt appeared, and moved fa a Rule to chew cause why the Master ahould not review his taxation of costs, in a cause when in Mr. Hunt had Buffeted judgment by default, and a writ of iniquity wit; executed ..gainst him at Winchester. The ground of his application ass, first, that the Master had allowed 50/. for witnew.es; 161. for Counsel ; and lastly, that he had only struck off from an extortionate bill of 304/. tne sum of 171.1. leaving him to ray 178/. The Court asked what ground he hail to objtct to the allow ance. Mr. Hunt raid, he did rot complain of the Master; but the misrepresentation of a Country Attorney, by whom the action against him had been brought. He then handed ir. a :ong tsffi twit, by altich it appeared that he Lad ben mat for *each of IC7 cotenant with respect to a farm, of which he was tenant. and in the proceedings against him the attorney hrd introduced impri.- Rer charges to the Master. He thercLnie contended that the taxa tion ought to be reviewed. The Court obverted, that the affidavit contained much irrele vant matter, and therefore directed Mr. Hunt to reform it. con fining the content. to the taxation costs. lie accordingly took nothing by his motion, but withdrew his application in order to aniend the affidavit. CONSPIRACY TO MAKE A BANKRUPT. The flog v. Fa ih, Tate, Bodges, Brat A%. Taylor, Lame, Vi goy:, Sheroood, Shaw, and Mr. GunxLY moved for the judgment of the Court on Close defendants, who were convicted at the Sittings otter tau Term, ac Guildhall, upon an indictment charging theta with Conspiracy to defraud the Creditors of one John Smith, at Huddersfield, anal elsewhere, by nuking. Lim a Bankrupt, and inducing him to sanetiou a vast number of fictitious promissory noses, ILI mend given by him for value received. . . " The ;even flratmientioved ddendants appeared in Court, but of the remaining three, Shaw, who had auftt.real judgmeid to go by default. had abaoduded ; and Sherwood and Brown did not appear. 'lle latter were called upon their recc„mizanceb SAW: their bail, but did not atelier. _ _ The Learned Judge then proceeded to read his notes of the trial. which have already been published in our Journal. The Court sentenced theta as follows : Firth to IS months; Tate nr.d Hedges to IS months; Vigurs to 12 months ; and Law, Brooks, and - Taylor to 9 months im— prisonment in Coldbath-fields Pri.on. WEDNESDAY, MAY 19. THE KING V. TUE BIRMINGHAM CANAL NAVIGATION COMPANY. The Court was celltxl upon to decide w:ictlier an order of il.o Quarter Sessions, which made the Proprietors of the Birmingham Canals liable to pay parish rates in respect of that ptoperiy, wits to be sustained. The Proprietors claimed exemption trou t raten upon the construction of the Acts of Parliament for making sal managing the said Canals. The Judges were unanimously of opinion that the Proprietorshad no just claim to exemption. The parish had A vested right to rates, which could not be taken from them. 'flit order of the Sessions was affirmed. 111CRCAN TILE CONSPIRACY. Mr. Gurney movtd for a rule to chew cause why an Attorney; who came foritaril us a volunteer in the matter of Kinnear, Woolf, Levy, and others, convicted some time since of cimspi racy, should not produce Edwards and Jones, who made false affidavits in the above prosecution ; and why he should nor an swer the matter contained in affidavits charging him specifically with having prepared affidavits fur two per.sons not in existence. Mr. Justice Bayley asked if they had applied to the Attorney to know who the persons were. Mr. Gurney answered it the negative, but observed, that the affidavits not only stated where they lived, but the numbers of the tothes. Mr. Justice Bayley said, the Attorney might have been Un posed on. The Chief Justice recommended Mr. Gurney to examen( Crossley's case before he pressed his motion on the Court. Mr. Gurney consequently did nut take a little. Mr. Jolla, the prosecutor of an indictment against Mr. Brice, an Attorney at Bnstol, fur perjury, appeared in Court to move for a new hid!. Mr. Brice was acquitted by the Jury, there being no evidence to support the charge. Mr. Mills endeavoured to prove that the proceedings were irregular. and that the Chief Justice had given a misdirection to the Jury; but, unable to make any impression on the Court, which was rising to go to the Exchequer, he was ord:rod to address theta again on Friday. FYIDAY, MAY Yl. This day Mr. Warien niOveii to make the Rule, Whiff) he Ltely obtained, to slew cause why an Information, in the Dalian` 1/1 Quo llamvdo, should not he exhibi te d agaitist Mr. John \leeres, the Major 01 Peterstield, ab. solute. Mr. Scarlett and Mr. Marryit slteweJ cause agaiust the little ; but the Court 11134'e the linle absolute MERCANTILE CONSPIRACY. THE ICING V. KINNEAR. WOOLPE, AND LEVY. 'Mr. Gurney obtained a rule lo 'hew cause why an Attorney, who had prepared the false affidavits of Jones and Edwarus, introduced in behalf of the defendants, %% hen brought up for judgment, should not produce the said persons, or a 115%% er the matter coatained in an affi davit charging him with making the affidavits of-per sons not in t xlstence. The Attorney will chew cause against the rule on Monday. MANSION-HOUSE. Tun I v INTOR If or ♦ Cnnr6Rca♦r. Hot/sc.—Mr. George Tucker, of No. S. Tottenham-court-road, applied to the Lord Alayor to he folio-toed 111 I% hat matinee it ...aid be most advisable to act, to the event of any angry prot eed ings of Vie firm of Lie, besot. Corking. and Cu.. of Itnooks-what(-lane s Queelihitae, io consequence of the rty he hid token in keepiog tilt in out of their counting hou a., and examining their hooks. pool., I. lieu., its. &.c. The applicant *as informt d, that the trans:H.6ms or Lich he had spoken did ion clone oit hiss the t • aa. t hunts of police joriedii tinny but alter he hut prneeidvd•a jib lot statement, the emitter wais found to be of such wrious public importance. •tat advice %tits .lieerfully given. Ale. Tucker, olio nu. landlord io the gentlemen, h a d !wind a , nte %%Myer., intimating that the thus carts nut sw are, tlouri,hins as the Humber of names and appearance at the counting-house were likely to make mit trios imsgtsr, He pressed the company for his rent, and received untheog but excuses must suspiciously polite or itooLcii. At hos l ie went into the counting-house, and seised upon the effects fur the amount of 1:41. The invehtory tonsittcd of the fullowiti.e articles empty boxes; J poi eel., made up very orally, tiered will. hay ; 2 book -coven„ locally pasted togrilit r, mulled with hay; several paretic, marked " Leiter. front Irelooti, Guernsey, &c." welted w it's Lay ; bills of lading, 181 a, stuffed %sib bay, saw-dom e stint bran. Mr. Tuck. r them came to the volt-nook, se here be expected to ter stomellimg of a show ; but upon cutting it open, he found it to contalw ,in exact gamp:e of the above, mentioned totock, which be begged the laird May or would allow him to scud to the juttice-room, for 'he gi eater security. His Lordship did not vo oh that the stock, though so ran. able, should be deposited al the Mansion-Loser. lie, h on . ever,.shoulJ have no objection to receive a visit f o , m t h e gentlemen of the firm, whose object in this spec Walk's was '.cry apparco.t.