The Statesman. — London, England, 1812-08-07 00:00:00

~': • - • • • • • .a 1. I Fr! , . . , It! •, • , • 1.11 E • 10, iIVENV.7 I IS• • LAW INTELLIGENCE• THE NEW INSOLVENT' ,ACT. This Act is exactly eonfonisable.tw the Acts of this Mod of former years, except in the following special enactments : A , l persons in actual custody on the sth If Juni last, and whose debts on that day did not amount to more than g,OOOl. are to he retitled to the benefits of this Act. %Isere the debts of prisoners exceed that suns, a Barrister of each of the Conets I( ing's Bench, Corombn Pleas, and EXche.. ! quer, is to he appointrd to enquire into, the same s. MA If the party he imprisoned nye years, he aball be discharged out of triunity, sboteld his debts amount to 3,0001. 4 and'where the party has been confined ten years, then to be discharged. whatever may I he the amount of the debt or debts. Prisoners not to he discharged for debts , incurred since the mid sth of June. Prisoners discharged subseqnent to thietth of June without their consent, nevertheless to have the benefit of this Act. Act not to extend to A ttorne) s or servants embezzling their clients or employers money or property. Nor to persons obtaining money or goods under false pre tences and fictitious names, except where they have been con.. Sued ten years. Nor to persons in execution for damages for criminal conver- Winn, or seducing, ISe. the daughter or female servant of the Plaintiff, unless ten ) ears in prison. Nor to persons heretofore remanded under former Insolvent Acts, unless where they have been ten years confined. Nor to persons confined for debts due to the ('rown, by of • fending against the lievenue, &c. unless the Treasury shall cer tify consent. Nor to persons who hove taken the benefit of any Act of In , solvency passed wi , hin these last five y..ars. Nor to Bankrupts in certain cases, ;miffs first they have con. formed to the laws regarding Bankrupts. The same to be cerli lied by their Commissioners; provided always. thntsuch Bank rupt surrendered himself at least two years before the passing of this Act. This Act is to extend to the different Presiden ies In India. and to Prince of .Wales's Island. But not to extend to the re lief o f ',events confined in India, at the suit of the Last India Company, unless the locql Governments in India consent. COURT OF CHANCERY, Access . 6: *2-PARTE TARLRY AND OVIEItS, 174 TUX NATTER OF BOLDER° .CID GO. BANKItUrTS. This was a Petition on the part of Messrs. Farley end C 9. merchants, praying to he permitted to prove a debt of 2,5001. undm , At the time of the bankruptcy, and to be allowed to receive their dividend thereon, deducting five per cent. fur the time the debt hail to run. Mr. Baer, for the Petitioners, stated,that Messrs. Boldero and Co. previous to their bankruptcy, were In the habit of receiving accommodations by loans of money from different persons, and among others, from the mercantile house of llnshington and Son, who used to accept bills of exchange and procatre (Hs counts on them from third persons, paying the pro. coeds into Messrs. Boldero's bank for their accom modation—that in the present instance, a bill was drawn by the Petitioners on Messrs. Lushington and Son, at six months, paying at Messrs. Boldero's, for 2,5001. and accepted by Lushington and Son, for which the Petitioners gave a check on their hankers, deducting the discount—this check was carried to Messrs. Boldero's by one of the Petitioners, for the use of Messrs. Boldero, who gave him an Undertaking in the following terms :—" Understanding that Messrs. lalshington and Son hare-accepted a bill for us. we do assure you that Cie bill will he punctually paid." The bill did not- become due until after the b tohruptcy of Messrs. Bolder°. Mr. Hart conteud ed, that, according to the decision of a case before Lord Mansfield, and some recent decisions, under the 7th of the King, that the Petitioners were enti-1 Yesterday morning, a't Slo'clock, two houses in tied to prove this undertaking as a debt u p on the bankrupts' estate, although subsequently due, and, Great . Russell-street, covent-garden, formerly the also, thtts it came within the mea Wine of the previsions ; Blue Posts Tavern, which was under repair, fell to' of the 49th of the King, by which contracts, hecom. I the ground with a tremendous crash. Unfortunately big due after the banktuptcv, were considered as • at the time, several wormen, who were employed debts claimable on the bankrupts' estates. lin repairing e ve al wese in different Sir &swum. Rout I. and Mr. Mos:asset:2, for • parts of the premises. 'The greater part of the crazy the ns,ignees, contended, that this was not such'an edifice fell inwards, and buried nearly the whole in I undertaking as came within the meaning of the Sta- i the ruins. Every effort was immediately made to' tute of the 7th of the King, which expressly pro- I extricate the unfortunate sufferers, and palings were Titled that the undertaking should set out the consi. erected across the street to Drury-lane Theatre, to t 4 deradoo given—no consideration being stated upon p r e vent their exertions from being impeded, and the the face of the undertaking in question—neither did workmen continued at their labouts until night.— it come within the sere of the 49th of the King, 1 SJveral were taken out of the cellar and ground that Act being made for the purpose of giving simple floor, but as the materials of the building were light contract creditors, whose debts had not become due: and unsubstantial, the lives of many were saved.— , previous to the bankruptcy, the same advantages of There were 16 persons in the interior of the miserable! proving their debts under the commission, with ; building when it fell, those in the cellar escaped, but holders of Bills of Exchange and Promissory Notes ' many of the others dug out of the ruins, presented becoclieg due after such bankruptcy, but was never ; miserable objects, and were conveyed to Middlesex sweat to extend to undertakings dependitss upon a ; hospital, two of whom died, and three soon re contingency. This was nothing more than a mere turned and exerted themselves to recover others from guarantee to pay the hill in rase of the non-payment' the ruins. A poor woman, who was passing when by the acceptor, and the only question was, whether " the houses fell, is supposed to have been killed, as it was such an undertaking as that the party could . her basket was fpund in the street, and she has not maintain an action at law upon, at the time of the since been heard of. As far as we have been able to bankruptcy taking place; they contended it was not, collect, two were killed, and five others languish that it was a mere guarantee upon a contingency, and under their bruises. Miss Mellon, who occasionally could not he enforced by law, until.the non-payment resided in an adjoining house, quitted it on Monday of the Bill of Exchange by the acceptor, of which last. About a month ago the front wall of the pre there was no proof in this MP. miser were thrown down and rebuilt. A multitude The LORD CHANCEGLOIt said, this wits neither a; of persons assembled the whole of the day before Bill of Exchange nor Promissory Note, so ns to j the ruins. bring it within the meaning of those Si' . tutes ; the I only question was,' whether an' action at law could! be maintainedupott it. The inrliaatinn of his mind was the other way, but if the party wished to try the I question, he had nn objection, and in that case the less he said upnu it the hatter. • Sir SAMUEL ROIIII4.LLY Red Ms. NioNtrAcc ethongnv there was no questicin to try. but Mr. HIRT thought otaerwiie, at:d the matter steed over. GARDINF.D AND (Alms, C. Astrvisst AND NASSAU. This. was the case nrutioned in our Paper of yes- Imlay, which came oft upon demurrer to the Plain tire bill. Mr: lIART was heard at some length in support of the demurrer, end The LORD CRAstccrEow said, he should look over the proceedings in the cause, and give his opinion upon it to-morrow, or Saturday. DREADFUL AC6IDENT. [FURTHER PARTICkI.LARiI MM•FAMTM 1kAL•.171,, IN THE MATTER OF SAMUEL THOHNS ADAMS', A BANKRUPT. This was the case of an application to supersede the commission, upon the grounds of the Bankrupt not being a tra:ler within the Bankrupt Laws. The Bankrupt was described, in the affidavit to support the commission, as a builder, scrivener, dealer, mid chapman ; and the question was, whether buying bosses, repairing them, and letting them again, constituted a trader"within the meaning of the Statuto, and the matter stood over until the Bank rupt should . make an affidavit as to the manner and period of his trading. Mr. Ezscn, for thea§signees, stated, that he had perused the affidavits, and was not able to sustain any proof of a trading as a builder, previous to the Bankrupt 'slimy 'nig his residence at Hampstead. The LORD CHANCELLOR accordingly directed that the-commission should be superseded. • • • • A Cenerel Order, dated the 20th of Jane, has Item tinitnitted to all the regimental depots, stating the Commander in Chief's pleasure, that arms and ac. eouttementt s rrflt net'be supillied for the full number Of men presAit, is the nieri ordered for embark. Ilion do not tike their arms and accoutrements with thetn. It is said that three line.of.battle ships and fourl frigates' are to be detached from the Channel aqua. dean for the coast.of America directly, and are to be victualled and stored from the ships on that sta.; ton. The following is said to be an exact statement of the daily allowances granted to the prisoners of war In France, at the regular &pots, calculated for each ,huolred men : beef, 524 lib.—vegetables, .521 lib. —irtrley, 100 oz. with as mach salt bs is sufficient ; to season the broth, of 'which each man is allowed r one ttuart; they ate allowed likewise, 150 lilt. of bread, made of marketraile wheat, ground into ilour, every thing included exceptthe broad bran. PAVEMENT. , -L-The condition of the Metropolis, in •Olmost all parts of the tliwn,-waanever. 16 . 1)E0 in this respect as it Is at present ; independently of the in. ionicnience which attends the operations of the (irks' Companies, there Is • hardly a street ins which there are not deep hales, and other dangerous le4plualitic.; which are increasing every dayl cured. r- • ~:~:: ' ..v i m , , - - IRELAND. *—,........ UNti;N est i e r r A fi t m .L y . brought hrfnr e j - r* •, - 'ANTRIM ASSIZES, JULY 25. . • 1-• ,1 f . ---- 'sharks Barker was MURDER. 'Sitting Magistrate, by Got and Friend, the afi, itiontiramery Brown stood indicted for the mur-• • by whom he was apprehended, charged with art der of Cherie, Moore, at Belfast, on the ad of Sep. away two boys, named NVni. Bellamy and Ch ; t e mber, 1811. This tr ial had been put off last Ilinchcliffe, and selling them as chininey-sweep. Assizes, on account of the absence of a material wit- a ma n named Rose, who resides at Kingston. mess on behalf of the Prisoner; and an application ker was remanded till Saturday, to afford the oi was now made to the Court for a similar purpose an opportunity of apprehending another man upon the affidavit of the Prisoner, but refused by ; was concerned with him. the Judge. I The boys are about nine years of age , an d Counsellor MACAWINtY rose on behalf of the pro-' price obtained for them was 7s. secution. Ile stated, that on the 3d of September,t Chambers was charged with having def; 1811, Prisoner was Captain of a vessel then lying at ;ed his employer, J. Groombridge, Esq. of 5; the quay of Belfast ; deceased , was a respectable i we ll, of It. 15s. c.d. victualler in Belfast, and Prisoner came to his shop ; It appeared, that he had been employed he to purchase some meat ; deceased had been married ;G. to purchase some fruit-trees for him of M, about a year, and a young child ; thefreiterf such ; Malcolm and Sweet, nurserymen, at Stockwel marriage, was then in the shop; and deceased taking I a list of the trees wanting was delivered to him up the child, asked Prisoner, " Was not that a fits i however, being unwell, another man eas eats fellow ?" Prisoner answered, ." Yes, to be the ;t o get the trees, to whom they were accordinal child °tan Irish b—r." Deceased replied, " Why livered, and who received the bill, amounti not by an Irish as well as a Scotch b—r r' Peed se Bs. This bill , he did not deliver to Mr. G. Feuer. being a Scolchman. Prisoner replied, "He i Chambers, who, having obtained a printed WI would make him repent saying that." Deceased then' the fie•emaii of Messrs. Malcolm and Sweet, turned away ; not expecting so fatal a result, when loot a new bill to his master, in which he M the Prisoner seized a large knife which lay in the I I him 51. 4s. for the trees, and putting a receipt shop, and stabbed the deceased in the back of his i bill in the name of Messrs. Sweet's forms. loin ; of which wound he languishe d for a few da y s, t ceived the money from Mr. Groombridge. 01 I paid then died. covering these circumstances, which be did by Several witnesses were examined, whose unani- I lag to Mr. Sweet some time afterwards, Mr. G , onus testimony weut to establish those fac ts. . bridge applied for a warrant, and had Chai The Jury, after retiring about ten minutes, re-. taken auto custody. Ile was committed for ' turned a verdict of-- , Guiley. mination on Saturday. The CLERK of the CROWN then addressed the Pri- QUCEN.SQUARE. sonar in the usual form :—" Yee, Montgomery FORGERT.YeSterdßyilgeutleinan was hrom el: own, heretofore stood indicted for the wilful mute for examiiiation, oil a charge of having uttered i der of Charles Moore, for trial of w hich y ou put forged Bank-note, purporting to be a note yourself on God and your country, which country 1 Governor and Company of the Dank of Englat have found you guilty : what have you no w to say,' It was stated in e , , idence by Mr. Meddoe's 1 why judgment of death and execution should not be King-street, Westminster, that the .Prisoner awarded against you according to law ?" to his father's v - on the 16th of July, about hat t PnisoNett—" My Lord, if lam guilty of it I ten o'clock at night, and after Inving some se% know nothing of it ; I had no malice to the gentle- water, tendered to him the note in question. man ; I iiv.l not know I acted the crime." ing to have change, which wai given him The JUDGE then addressed the Prisoner in nearly being sent to the Bank proved to be a forget, the following terms : t a few days afterwards he came again, and his " Montgomery Brown, you have been found ( bein g reco g nised, he was apprehended. Thi guilty of murder, on clear and most satisfactory 1 mony was also corroborated by the servani evidence. Iris very true you had no previous ma- Several respectable witnesses were then called, lice to this unfortunate man. Your Jury have been i clearly proved an alibi ; and that on the evee ? told so ; but they have found you guil t y of inflict- I laded to, when the above transaction took ing a mortal wound, without the slightest provoca- 1 the Prisoner was at the time in Princes-street, tion. It is proper that the equity of the law under . tester-fields. ' which you suffer should be laid before the eyes of This alibi being perfectly satisfaitory to this country. You have been found guilty of plung- gistrate, and the Solicitor of the Bank, I lag a knife into the body of the innocent victim boner, after a confinement of several days —a deadly weapon—with the utmost malignity of occasion, was discharged. heart, and hurried a young man, recently mar- SNADWELI. POLICE-OFFICE. vied, out of the world. A greater crime you John Barbell, alias Brews, was yesterday could not be guilty of : precipitating him to the up, charged with a highway robbery. Oa 1 grave in the prime of life; depriving his child of a day evening, about eight o'clock, three forte father, and his wife-of a loving husband. You have men being in company together, in the nei committed that crime which stands marked with the hoed of Radcliff, were met by a gang of pick utmost abhorrence of Heaven. You stepped between three or four in number, one of whom (the him and that Providence,• of that God, who alone made an attempt to rob the present Prosecut;. has a right to dispose of human life ; and. you are •watch. In this attempt he failed, bet succeed , I -- --- deprived of the unavailing plea of unceusciousness iu taking from him his pocket-book, containne - Pluvvinearriar.ESCAPE.—The passengers on West. , the commission of this direful crime, unless your twenty-two pounds. Being pursued, he th minster-bridge, on NVednesday last, were alarmed having no provocation is to be considered a proof of pocket-book over a wall, where it was found. by the eries of some person in distress, and on look- i your madness. This was the madness of wickewiess ; Prisoner was fully committed for trial. ing over the battlements to ascertain the cause, they . and you have given vent to your brutal fury in the 'observed a boy half immersed in water . , clinging to sacrifice of this innocent man. lam now bound to one of the buttresses. They immediately gave the tell you, you are to expect no mercy in this world ; alarm to the watermen at the stairs, two of whom here you have but a short time to' life. The law, rowed to the spot • before they reached the boy, how- t o mark its abliorrence of your•crinae, has shortened ever, he was so ex haustedl that he had let go his hold , the pe r iod of your existence. That short interval and was carried up the stream by the tide. They i -m - I employ in seeking the mercy of Heaven. Let not mediately followed him and were fortunate enough to I your mind be distracted with any vain hopes of save him. On conveying him to the shore, he said mercy in this world." His Lordship then proceeded he had fallen oil' one of the barges at the Strand-: to pronounce the awful sentence of the law, in the bridge, and had sustained himself thus far by swim - ! usual solemn terms, viz. -- To be hanged oh onday, wing. I • and his body to be delivered to the Surgeons of the Monday se'nnight, as Robert Stewart was em- l County Infirmary for dissection. The Prisoner ployed grinding smoothing-irons at the Saracen-lane! ; made no reply, but was silently removed to tho Foundery, Glasgow, the grindstone, which is driven I j a ih by steam, split in four pieces, one of which struck ! ...._ him in the head, knocked out one of his eyes and a EXECUTION OF MONTGOMERY BROWN. number of his teeth, and shattered his jaw-hone in a This-unfortunate man, from the period of receiving dreadful manner. He was carried to the Infirmary, senteece of death, spent his few remaining hours in and, we 'understand, hopes are entertained of his re. ; acts of devotion, in which he was assisted by the covery. The stone flew with such velocity, that, af- , Presbyterian Clergyman of the perish. His wife ter wounding the unfortunate man, it forced its way ! was also his companion during these solemn hours of out at the roof of the house. . !preparation for death. Monday, about three in the We understand that,an elegant Observatory is. to ,• afternoon, she was withdrawn from him, as also his be erected on the Calton-hill, by the Astronomical ; daughter. But previous to his leaving the jail, about Institution of Edinburgh, from the designs of a ce-1 half-past five o'clock, they were permitted to have a lebrated architect. Till this building is completed; ; last interview with him for a few minutes. He was the old observatory is to be furnished with meteor*: ; then conducted from the prison to a chaise, in which, logical, astronomical, and optical instruments, for ; also the Clergyman accompanied him, and thus at the use of the Proprietors and the Subscribers to ' tended, he was conveyed to the common place of ei the Institution. Sir George Mackenzie, Bart. the • ecution, escorted • by the Sheriff, and a very strong Vice-President of the Institution, has prevented" it .. geerd of lhe Pembrokeshire sharp-shooters, new sta.: with a very valuable. two-feet Gregorian telescope, tioned at Carickfergus. Having arrived at the fatal elegantly mounted with horizontal and vertical move-' spot, he spent nearly half an hour in-devotional ex metes. ! ercises, and then the necessary preparations were AN UNILEPECTED VOYAGE.—A Gentleman in the made for the finishing of the law. ile ascended a neighbourhood of Downing-street, being at Deal, be- car with the executioner; and having addressed the' came acquainted with some Officers belonging to a surrounding spectators, an immense multitude, be frigate laying off that station, who , invited him to dine , admonished thorn in a particular mutter to avoid the on board; and their invitation being accepted , he sin of drunkenness, and to guard agniast passion.— went on board, unknown to his relations, on the day , After he had delivered a few words to this effect, he appointed, when, after partaking of an excellent din- !, was launched into eternity, and when the body had, nor, and a copious quantity of wine,. signal was un- ; been suspended the usual length of time, it was taken' expectedly made for the vessel to sail immediately for • down and carried to the Old Court-house; where his Gibraltar, and no boat being near to bring him on afflicted family waited to receive it. . shore, he was obliged to extend his visit to that quay- I — . ter of ' the globe, from whence he was put on hoard I i Detachments of the 3d and sth Drapes Guards, the' fit st vmeel for England, and tainted at Ports- • an d a s t, 3d, and 4th Dragoons, marched on Satur. mouth, after an absence of fifteen weeks, and ar- day and Monday from the depot at Canterbury, for rived in town, a few days ago, to his family, who, embarkation nt Portsmouth. • with their near connections, had given him up for I A remarkable instance of the fectindity of bees lately' Go. - - i occurred at Meiklebog, a high lying farm in the Ala.: Seven bodies of the sufferers at Felling colliery re- bey parish of Paisley. Mr:Mattliew Sprawl, farmer main undiscovered. Those that have been found are ~.. there, has a hive two years old, which, in the course Al miserably burnt or mangled, and have every ap- iOf last. year,' swarmed only once.; but to the peanencie of having died instantaneously. ' . ; amoalshment of 'every person in the neighbourhood, A ft* thlys'ago, while the Ostler at the Bell Inn, ' ne less than four line swarms have been titely pro .,. Thames:street, - Bristol, was dressing - a Gentleman's' dared from the'same hive, within the. short • period 'horse, the animal' took a fancy to his nose, tore . of 18 days, viz. on the 10th, 20th, 23d, and 28th of - nir, and *dealy eat it I The man' is now at the ' July. This I s Allowed ace . be the most etticoMmon -.try, where the wound will of court. 4.1 instance of prolificetioti over kaowe iii this Pert of theeceintry.- - .: 5 i...i;.. ~ • • . • • . ,.t :: , :.. ..: - • POLICE. On Wednesday se'nnight, an unfortunate stance took place at. lionnpatrirk. A I named Richard Ker, was stabbed in his own another butcher, named John APKeoren. It that no previous quarrel had taken place bet, parties ; but, on the contrary, Ker had been habit of frequently chliging M'Keown with of mon‘y ; and the only cause which can be for this wanton and barbarous act, was a observation froth Ker, respecting four guineas , previously lent M•Keown to purchase sheep. which the latter had spent at a cock-fight. grateful villain was instant!y secured, and, we stand, has been put on his trial at the Asir holding at Downpntrick. Ker bore an character : he was not dead when our accoi away, on Thursday eveniug, but there is whatever. of his recovery. The wound was with a large butcher's knife, in the groin. was in the act of hanging up a sheep. A tn. the Gentlemen of the Grand Jury effendi wounded man, previous to finding the bill - ment.—(Freeman's Journal.) HORRIBLE ACCIDENT.—Four fine •child longing to Richard I3uilth, a 'clay labourer. beydore, were consumed by fire in their cottage, on Thursday se'nnigbt. Their moll hired herself at a neighbour's house to billy and left her children in the cottage , desiri oldest, who woo only five years of ag e, to' of the others, the youngest of whom was ing child. It could .not he known how caeght fire, for the whole was in a conliagral fore it was discovered. In a case of such lated misery the parish have liberally subscrii relieve the unfortunate parents, now pre"' more. A little boy, playing in the Commercial yesterday ruu over by one of the East India pany's caravans, and is not expected to live. • • BIRTH. ineeterttay morning, the Lally of R. Bernal, FAq. street, Wiesell-square, of a .on. MARRIED. Oo Wednesday last, at Tunbridge, 'Thomas Walk. -Broad-street-buildings. to 'Jane, daughter of James El, of lilabledno. Kent. esterday at North Cray, John Chrisp, Esq. 'Mee - et, to Elin Scott, daughter of John Scott, Esq. .Cmy-place. On Wednesday morning, at Mary-le-bone Chu! %ion Fag. of the Honourable East India Company Civil 'Eatablisliment, to Alicia Anne, youngest daughter Opts Win. Rnislioson, Esq. DIM). In hoofNovembr 1811, John Rpm, Fsq. Judr am! itt tbe Zill Trichluopoly, third ion of the John Brig'. On the Mb alt. Jetvie Aspabia, the *We of F! Campbell, ER. of Barbruk, to Argyle...shire. --- • • LONDOIi: .Pripted sod PubUsik4 bY LOT STATtiltAll Qsn ' es. Si. F1•046/61- 1 re the along :limit I r, t o Bar. dlficers u who ad the {;,red. Stock. by Mr. a %lessrs, 41, and do ; hp, iployed sly de. 0 ting t o . but to It from I, mole charged It to the ian , re. a On dn. s ' aPPIY• Groom. A hamhers re-exa. ought np ed a 101. .e of the land. a son, in ler Came half-past wine and n, desir. I ; and it 1 .ly ; that 1 is person 'his testi. at girl.— led, whs ening al. lc place, rest, Lei. the Ma. the Pri. s on this Ly brought 1 Wednes. reign sea. leighbour- .k pockets, 1 Prisoner) 1 itor of his -reeded in ring about threw tint Ind. The to . butcher, .n shop bt It appears et w een the een in the the loan re assigned a friendly leas be had sheep, but The um• we uudef24 die, now emllent ount canto no hope was girea ti, as Ket number of render( the of indict• ildren, be. er, of Ab. .ir father's nother had ake bread, esiring the o take MO ac a suck- the house ;ration be- ds necunie• bscrilml to parents nO ,1-road. w" u di a Com- . of licraa 6l. altar, 01. 4 sines 1. of Towel; Esq. or srch Andrew 'nos s tug seog ilter of if red ma 01: n ou ourah Frederick If. '• 0151110 PIMA • 41 _ . 1 "'