The British Press; or, Morning Literary Advertiser. — London, England, 1805-01-18 00:00:00

LAW. • coIIRT OF CHANCERY. LINCOLN . * INN, .I.M 17. BANKRUPT PETITIONS. EX PARTE EIEUX. This was the petition of the Assignees of JAMES Sheriff, a Bankrupt, playing that the claim of one of the creditors of the name of Porter might be ex- Fung ed from the proceedings under the commission. Ny the fetition it appr-ared, that the Bankrupt saving had considerable dealings with one Thomas w At con, in the line of accommodation bills, met bim at Sego': Coffee House, in Holborn, when it was agreed that the latter should draw two bills on the tor f or mer, payable to John Buchanan. or order. These hills were dated as if at Jersey, and drawn sa unstamrd paper. The Bankrupt afterwards ne gotiated them, and they came into the hands of Porter, who was allowed by the Commissioners to claim a; an indorsee. The Bankrupt, upon his swore that these bills were drawn in laiatle.l. and not in Jer.r.ey. 0,, ii e tart of the creditor it was contended, that tr. had given full and valuable consideration for the ;s, ttiid apprehended and believed that they were drawn .1-rsey. Ile had been in the habit of dis coun:ing hills in that way for die Defendant, who never intimated to him that they were drawn in London. On his etarni , titian, the Bankrupt said he was going to Edit:Mogi', but on his return would. pro. duce evidence from his books where the bills were Lirawo ; in consequence of which the proceedings were delayed. I'ne socmina observed, that these bills ap peared to him nothing more than a talsrication ; and, although he was hut a bad criminal lawyer, yet he :IS well satisfied, that when one man, by false tokens, and false credit, gets money from another, it became an indiftable offence ; and it might be of great utility, if some men were proceeded against in that way. Upon looking into the proceedings, it appeared to him, that the Commissioners did not go fully Urn tit.• matter—and he left k to the op. tit., of 'lie Creditor, whether he would go back to the Canmisidoners to have his claim reviewed, or whether he should be left to his remedy, by an ac tion at law. Mr. Pionr, as Counsel for the Creditor, request ed the matter might stand over till Monday. that he should have so opportunity of consulting his Client ; which was accordingly granted. EX P A ITZ LAUER. This was the petition of Sir John Earner, in the /matter of John Dixon, of Exeter, a Bankrupt, praying that the Assignees might be ordered to pay bias a sum of money, which they should have te tained out of the Bankrupt's estate. The Petition, among various other matters, stated, that the Bankrupt had mottgagel certain lands in St. John's Harbour, Newfoundanch to the Pcti tioler, who also advanced him a sum of money. Ls 1792, Dixon became Bankrupt, and the Assignees, 'in la3l, applied to the Petitioner to make a con veyance to them of the property in Newfoundland, on being alhaved the sum of 301 ; but before Ihe could deter:lli:it , upon the matter, a final divi dend WAS made, and he was shot out from r eceiving any share of cor did he receive any notice of such final dividend. This case occupied a great part of the day, and asany arguments wows adduced by the Counsel on • rth sides. On the part of the assignees, it was contended that the regular notice was given in the Gase?lr 1,1 final dividend to take place on the 10th of May, 1802. That the Petitioner had verbally agreed to make a conveyance of the property in Newfoundland on being allowed 301. which was the balance between the several accounts, and that a letter had been sect to him, informing him of such dividend, in the month of April previous to its taking place, and also the drafts ri the necessary conveyances : to which the Petitioner made no answer at that time, and the Assignees, in order to give him time to con sider and arrange the business, prevailed upon the Commissioners to postpone the final dividend until the 16th of May, at which time the Commissioners insisted a final dividend should be made. The Petitioner denied that he ever entered into any agreement for the conveyance of the property in Newfoundland, but required time to investigate the matter, and ascertain of what value it might be : at one time i; was pns.e.sed by Government for the purposes of defence; hut when peace was establish ed, it became of considerable value, and, upon the .thole, lie was not allowed sufficient time to ci-..icide risen it the Cu NCII. L 0 II observed, that although the cam WAS but of a trifling amount, yet the case in volved an important question, Whether the Assignees should pay a sum of money out of their own pockets? The property alluded to, from political events, might have been of great value, or none at all. When the mortgagees became bankrupt, in 1792, it John Earner might have applied to the Court, and sold the mortgaged premises under decree. As to the agreement with the assignees, which in fadt purported to part with his Interest in a specific pledge for 301. it was perfally clear, Sir John was not bound by that contra ; and he had no hesita tion in saying, the assignee; took a hasty step in advertising the divideica, befote a sufficient investi gation had taken place as to that point ; and lie did not wonder at the stirpr;se of Sir John Earner, when the agreement was mentioned to him. As to t%e noire in the Gareise, he had seen too much of t':e hitsiness, not to declare that Sir John Earner lint Mound to hunt the Gazette, but should have had sufficient previous notics: of the dividend. His Lordship caressed his own storm, that the Corn tnissioners, if they had been tully informed upon the subject, did riot consider whether the Petitioner was or wa.-. no; bound by the agreement ; if they found he was nut bound, they might have retained a sufficient into in their hands ; but it was to be considered, .which it WAS better to say, whether a creditor, duly informed of a final dividend, should Put in his claim in time, or that the assignees should !Ingle to retain the money in their hands. It 'ever, appeared, that the Petitioner had notice, notwithstanding which he lay back without giving any intimation to the assignees, from May loci to lunacy 105. If the application had been made in May 11s03, he would have referred it back to the Camnsissioners to considt: the claims of the Petition- %N.M. .., er, but, *undo' all circumstances of the case, lie was Of opinion,that the present i application came toq late. IX !dirt& ZINO. This was the Petition of the Bankrupt, praying that he might be allowed to surrender, notwith standing the time for so doing had expired. • From the affidavit of the Bankrupt and his sur geon, it appeared, that at the time appointed for him to surrender, to be examined as to his property, he was lying in a severe illness at Holborn, which prevented his attendance before the CoMmissioners, in which state he remained for a length of time, but w. 7 c now ready and willing to be examined be ' fore them. On the part of the assignees, it was contended, that there were several reasons for opposing this Pe tition, as the Bankrupt had long avoided any exa mination; and it was also stated, that he had written a letter, as from Cdokham, in Hampshire, which bore date the same time that he and his surgeon swore he was lying sick at Holborn : those were in consistencies which should be explained. Mr. BELL, on behalf of the Petitioner, said, that possibly his client had absented himself through ig norance of the law upon that subjeCt, or he might have written the letter with a view to conceal his place of residence, being apprehensive of arrests. His affidavits, however, did not go far enough to explain these faits. The Ca sticat.coa observed, that it was most ex pedient to the ends id . ' justice, that persons seeking to be relieved from the process of the law, in such cases, should give a very clear and satisfaCtory ac count of themselves. Hitherto, orders had been made, admitting Bankrupts to surrender, and half the fans were not stated ; he therefore thought Wont right, that the Petitioner should give a very Luis fa-Rory account of himself—and, for that purpose, dire Red, that a second Petition should be lodged, and affidavits made, and that the Assignees should be furnished with copies of them. The following case occurred yesterday : J. R. DOLDIR V. Mt RANK OF ENGLAND, LORD MVIITINGFILLD, ANDTHII HON, R. WALFOLR.. This was a case of great consequence, whe ther we attend to the parties concerted, to the magnitude of the interest, or to the great political objects connefted with its decision. The Plaintiff is no less a personage than the LANDAMSIAN, or Su preme Magistrate of the Helvetian Republic It is well known, that the two latter Defendants are en gaged in a great banking concern under the firm of Vanneck and Co. At the awful crisis when the Can tons of Switzerland weei threatened with destruc tion as an independent Power, by the imposing si tuation of France in 1798, the Cantons of Berne and Zurich had the prudence to invest a considerable portion of the funds of their respective States, in the public securities of this country. Pursuant to this design, 85,4991. 10s. 2d. was placed in the three per Ceat. Consolidated Annuities ; 158,3831. fig. ad. in South t;va Stock t and about 34,0001. in Bank Stock. The agents of this country, for the appropriation of these monies, were Lord fluntingfield, and the Hon. Robert Walpole, who were directed to apply them in this manner, by the constituted authorities of the two Cantons we have named. The dividends result ing from these investments, to the time when this bill was filed in Chancery, amounted to the sum of 57,0091. 13s. rod. and the present application was to procure from the Defendants the payment of this sum into Court. Mr. Roasisse, on the part of the Plaintiff, said, that this money had been intrusted to the Corpora tion, and to the Noble and Honourable Persons who were the Defendants in this cause, at the time when the thirteen Swiss Cantons were independent States, both with respect to each other, and the rest of Eu rope. to 17.:8, the inhabitants became united under one government, called the Helvetian Republic, and thus the particnl.tr Cantons interested in this property ceased to exist as political and separate powers. It then became necessary to provide a receptacle, or general treasury, for the funds of the tbirteen distinct states; and it was ordered, that the property belonging to the different cantons should become national property. This determina tion was made by the existing Government, and was confirmed on the 3d of Apia, after the union, by the Senate, eleded according to the forms of the new constitution. In consequence of this law, the preseq Plaintiff became the representative of the State for these particular funds before appertaining to Berne and Zurich, and in this charader he was authorised to apply to the Court to receive the di vidends resulting from ihe investments, consisting of 57,001)1. 13s. 10d. under its immediate protection. Messrs. RICHAIMS and Hows, in reply, said, the Defendants admitted that they were not enti tled to this property; but before the Plaintiff could require of the Court that it should be deposited in the hands of its Receiver, he should make a prime ferric case at least, that he hiniself was entitled to it. The dividends were Calculated at the moo of 57,0001. and a small fraction ; but it was not ear. red to assert, that the whole of this would even be long to the States of Berne and Zurich, did they exist ; for Anthony St. Didier, a Banker of Paris, was possessed of an assignment of the principal ano nies, to the extent of 66,0001. and he had Sled a bill fur the transfer of stock to that amount. But the chief ab)edion was to the character the Plaintiff assumed. This country does not acknowledge any Helvetian Republic, and no Municipal Court here can therefore suppose suck a power to exist.— From the established forms founded on the Royal Rights, this Court could not even agitate a question of this nature, excepting in the presence of His Ma jesty's Attorney-General ; and it was absolutely ne cessary, that this Officer of the Crown should be made a party in the cause. The present question seemed precisely similar to that which was before discussed on the rights of the States of Maryland, previously and subsequent to the independence of America ; and it was determined that the property of that State should devolve to the Crown. The Learned Counsel further contended, it was not ne cessary for them to give any answer at all to this pe tition ; that if the Attorney-General were to think proper to file an information, their clients would be ready togive the suitable answer. 'The argument drawn from the decree of the Senate, vesting the property of particular States in the treasury of the Helvetian Republic, was inapplicable, because a new Revolution bad since taken place, under the im mediate atispizes of the public enemy of this country, by which all former laws were abrogated. Mr. Rom LLY made a very lung and able reply, on behalf of the Plaintiff, and adduced, as an exam. ple, the situation of Ireland, which had been united 'to this country. He confidently maintained, that if the sister island had invested large sums in the funds of a Foreign State, on the principle of the argument now employed; that State would be justified in Nis ing the whole property for its own purposes. Loan CNaNcest.o The case materially dif fers from that connected with the State of Mary land. The old Government of Maryland existed under the King's charter ; a Revolution took place ; and the Court held, that a property invested under a charter was not to be transmitted to a body, not existing under the authority granting that charter ; and hence, the property devolved to the Crown. No such connection wish this kingdom subsists here, and this makes it a very different question. It is an enquiry of, another kind, and a very large one too, whether a Municipal Court can aft with the govern ment of a country which has not been acknowledged by its own. As the matter stands upon the record, some unavoidable confusion arises in an ) affair of this public nature, from blendiag what we privately must be acquainted with, with what is judicially before us. It would be idle to say, that the form of the Helve tian Republic has been recognised by this country ; but. sitting here as a Judge, attending only to the documents before me, it may, with respeft to them, turn out to be so, or otherwise ; and while it is in draw, a mighty difference in the question may be occasioned. The simple objeit of my attention now is, whether the money should be ordered into Court, all the proper parties concerned not being before us. These Defendants have an interest in this money against all the world, excepting the parti cular person or persons who may be entitled to it. Until all parties interested in it are brought before lose in the proceedings. 1 think it too much to expeft that the money should be taken out of the hands of the Defendants ; but when I am sure all the persons interested are adduced, and you shall make the A r roasts v-Gameas t. a party, I can have no objec tion to have the question again agitated." ommommiser SURRY SESSIONS, Jan. 17. William Matthews was indided for stealing a gold ring and a penknife, the property of James Goland, a West India merchant, living in Muscovy -court, Trinity-square. Mr. Goland deposed, that the Prisoner was his clerk, and that on the 24th of Otitober last, he missed a gold ring, which he had in his desk. He also missed an office penknife, with an ivory handle, and suspeling the Prisoner, he sent a Constable to his lodgings, and apprehended him. In searching the place, the penknife was found, and the duplicate of the ring. There were several other articles pt. his property found there, which be had missed front time to time ; but as they were not laid in the indielv: ment, the Court could not take notice of them. The Pawnbroker was then c died, and said, that' the ring had been pawned to him, by the Prisoner. The Jury found him Griky, but recommended him to mercy.on account of his large family. Ass A/wren was inditted for taking a chillosilisink four years old, and stealing with the child her rat and other articks. John Wickham, the father of 'the child, deposed, that his wife was a washerwoman, and had sent the child, on the morning of the 2.5 th of October, to Ilse tnanglers, who did not live more than two hun dred yards trona his doer. A cosiiiidensble time elapse.!, but the child did not return. His wile then told him she was uneasy about her child : he went to the manglers, but was told the child had not been there since morning, when she got the things she came for. By inquiring at differc t houses along the road, he heard that the child was seen in company with a woman, and late in the evening he came up with the Prisoner, who had a hold of the child by one hand, and was carrying the bundle in the other. The child immediately ran to him ; and when he asked her, why she had gone from home ? she said the Prisoner had coaxed her away, by giving her prunes. The Prisoner said in her defence, that the child was crying, having lost her way when she met her, and that it was merely out of charity she took her along with her, intending to inquire for her parents. The Jury immediately found her Giglio. She was then tried and convided on another in didment, for stealing the bundle of clothes which the child had got from the manglers. Mr. Serjeant OMSLOW then pronounced the judg ment of the Court, and sentenced her to settee years tranipurtation. The child was the whole time standing in a con spicuous part of the Court, and had a most interest ing countenance. Chree other Prisoners were convicted for trifling offences, And sentenced to short periods of impri sonment. SOUTHWARK ShSSIONS. Yesterday, the LORD Maros, Racocuta, and Sueeirrs, went from the Mansion-Haase, in state, about one o'clock, to St. Margaret's Hill, in the Borough, and held the Southwark Sessions. Alter going _through the form of swearing Constables for the Ward of Bridge Without, the Sessions were ad journed as csual, they not • having tried any com plaints for some time at this Court. Mr. Gaut* trus, a Common Councilman, ad dressed the Lusts Mao in behalf of the South wark Sessions, complaining of the .hardship many gentlemen of the Ward of - Bridge Without, in be ing obliged to take all complaints to Union-Hall for redress, instead of having them examined in the Court-house, as was the custom, maul within these fifteen or sixteen years r and as there was a Magis trate fur that purpose, he hoped his Lordship would see that privilege put in force. The LORD M•lf oft said, he should certainly lay it before the Cost Court of Aldermen fur them to judge of it. Yesterday, about two o'clock, as i woman of the name of Smut os, employed under the Princes: Malty, was passing along the carriage-road of St. James's Park, near the Stable-yard, with her pattens on, the eentinel on du* y at the Stable ' yard gate ordered her to take off het potions, and she supposing she was not prohibited from wearing them in that road, in which the board of restriction; does net prohibit pattens from being worn, wbe, the ceatinel drove his bayonet into her left foot, which caused a great ethic:on of blvd. POLICE. now-vrtraT. [ . 4-- A few days ago it was discovered that an site had been made to break into some cellars undes st" - Chapel is Essex-street, Strand, rented by the Black Lead Company, and used as a depot for that article t the thieves had riot been able to force the door of the cellar in which the lead was, though they had b:oke open two other doors that led to i-, hut whicli they had left in such a state as piainiy iadicat ed an intention, of coming again to effect their purpose. These circumstances being privately . 1 communicated to the Magistrates at Bow-street, ' Anthony, Adkins, and other of the officer; were seat there on Monday evening last; and, biiving taken their station in-.a room adjoining, the back part of-which commanded a perfect view of the entrance to the premises in question, they re mained there till about half past four o'clock the C.l- • lowing, morning, when three men were seen to en ter the yard contiguous to the cellars, opening z:.e door of the yard by means of a false key, and lock ing it after them. The officers directly went and secured them, and found four iron el it ws, picklock keys, and other implements for housebreak ng. The villains had just commenced their attack on the interior door of the cellar where the lead was de posited, when disturbed by the officers, who imme diately recognised them to he old offenders, and to whom they surrendered without offering the least resistance. Yesterday they were examined b-fore Sir R. Fbaa at Bow -street, and committed for a turthet investigation. _.•JemLf.0. , .. ,, A SWINDLER. A man of genteel appearance, about 36 years of age, 5 feet 10 inches high, light hair, lung vier.g.r, large aquiline nose, fresh complexion, and whi.lie:s reaching nearly to the bottom of his cheeks, to rk a handsome house in Kensington-Buildings, near Bath, about three weeks ago, and by van. us swindliag pretexts and devices, procured goods from different tradesmen to a considerable amount, for Asich he paid notes drawn upon a Banking-house in London, which he signed and indorsed by the name of '.• Sa muel Millward ;" and as he has gone by the names •r of SamuelWhiley, Thomas Foshan, &c. in other places, the forgeries are obvious. He had with him *, his wife, who, the better to carry on the decepli , .p. 1 l' passed for a housekeeper, and three sons, who an!ed as grooms, butler, &c. 'art of the goods were se- t. cretly taken to a warehouse in Bristol, and dire:V.:a ,! for " Thomas Foxhall, Edmund-street, Birming ham ;" the other part were taken away in a cart, with a shabby tilt, and one horse, and traced on the . road to Gloucester. d i Previous to his leaving Bath, he hired, for a few ' .. days only, a black gelding, and a bay mare, and a handsome gig, with a bead, and high curricla springs, deep yellow body, a cypher, G. G. behind, inclosed ' ' brie- _ in a gilt circle, and a sword-casein the .ick. ft is thought he ran the black horse in the gig. The offender has often shifted to different parts of the kingdom as a master-,homaker. a Id carried on his swindling praaices wherever he went. A reward has beet offered fix his apprehension. On Wednesday night afire bloke out at a lot• nig-house for foreign seamen, kept ny nin or the name of SIORRNOLN, in Sun Tavern Fields, in the Pal ish of tit. Georg .'s in the East. By the regular attendance of the fire engines, It was eitiniii7CEir without much damage, but it had excited much alarm, as there are extensive rope grounds in the neighbourhood. On Saturday last, the workmen, employed in • A, sinking the new coal-pit at Brans:ay, near Whit e . haven (close by the sea), got what is termed the liatviork-Glnd ; which proves to be an excellent seam; and Monday, the pumping-engine wrs set to work. This will be the largest pit belonging t Lord Low- •• TUE it's extensive colliery ; and, probably, the largest in England. It is fifteen feet in diameter, and is already sunk to the depth of seventy fathoms —The work was begun in May last, and has been car. ie3 on with a celerity and success uaprecedented in this quarter. The last will and testament of the late EDW•ao BYRNE, Er.q. of Dublin—an instrument intended to dispose of an acquired property, little short of half a million sterling—is, we hear, likely to be contested by some of that Gentleman's family : in, which case, no inconsiderable share of that vast property will hill into the hands of a class of the community which the testator never meant to Is: of the legatees; namely—the Gentlemen of the Long Robe. Thus, " Mao heapeth up riches, but cannot tell who shall gather them." A gentleman, lately arrived in town, asking a frimid the ether day, what bustle was now goi g forward in the metropolis? the latter reviled— " Why, that of people hurrying from all parts to the Lottery Offices, lest every Fi:ket and S:tare should be disposed of before Monday se'nnight." Sunday, the 19th inst. being the 21st anniversary Of Rowa exci Hum'', jun. of Boreatton, sq and also • Monday the 14th, were observed with every mark of attention and respell, both in Shrewsbury, and parti cularly in the vicinity of Boreatton Park, in the pa rishes of Boschurch. Ryton, &c. in Shropshire. The festivities of the neighbourhood , which were , mog respedablyatteniTed. were conduCted with that •. gtiod order and decorum for which the distriet has long been remarkable; a vet) , fine ox, several sheep, and various other donations, were distributed. Among the incidents of this rejoicing, we cannot avoid seleiting one, which gave very general satis faaion : it was that of a rural procession, in which a venerable old man. who had OCEVCd as g.l'llenet, from the time of the great grandfather sit tie young gentleman, and who had planted, and lived us see the growth of, many of the surrounding woods, was drawn in his chair, accompanied by all his lace f... low servants : next came a boy. the eon of the ga ev keeper, leading a beautiful black .11,11 a el Rally decorated. which had been the great tar rite of Mr. It. Hunt, his brothers aad sisters. and swi n g new also in his 21 st year, was-from this blue to re tire from service in the park. )'his was followed' y a sheep and a barrel of beer. drawn on a carriag b,/ the labourers, being the separate donation of :he s ervants, by whom also this procession wes arrangi d • Bag and band of music preceded t: e wharf*, which was attended by as numerous and orderly a con.ourse of people as we ever remember to More I witnessed 011 a like occasion. ,arai .4