The Sun. — London, England, 1819-01-20 00:00:00

FOR THE SUN. LYSOL PENT DEBTORS' "JCT. ANALYSIS AND CONIMENTAItY, (Continued.) The notice to be given to the detaining Credi tors, by service of the Debtors' petition and sche dule, with the order of Court, 20 days before the examination, is a cautionary regulation, which merks the equity of the statute, as a distinctive meet's of enabling such Creditors to ascertain the veracity of the statement ; and the notice given to the other Creditors, referring them to an in• spection of such petition and schedule, is evidence of the same legislative care. And, as a !Luther protection to Creditors, it is observable, that if the Debtor does not appear to "be examined pur suant .to his - notice, he cannot afterward, be brought tip to be heard, without havineg giver' the like notice at least six months previous to the time of examination. This provision is made by the dependent Statute 56 Geo. 111. c. 102. sec. 6. aild has prevented the recurrence of abuses which had pre,iously resulted trout Debtors' giviog 20 dlek' netiee, and not appearing to be examined pursuant thereto, whereby Creditors werjeotne- Jietes put to intieh inconvenience and unnece,sary te e peuce i and it was intended to check the evils which have resulted from recourse tO removals by flabf.as from the country prisons to the prisons in London. Rut as the original Act limited Once months' imprisonment as tine preliminary period ref application, it may without offence be ques tioned, whether this additional term of six months is not severe, as a protracted penalty to inadver tence or neglect ou the part of the Debtor, and an injury to ti , e Creditor, by an additional expen diture et the Debtor's means, and particularly as there is a clause inn the original Act, which pro vides against relief being granted to a prisoner wino has wilfully remitted in custody. and con sumed his property, instead ,of applying it to the discharge of his debts. As a prwection to Creditors residing abroad, and who could not be duly apprized by the notice of 20 days, it is wisely provided, that it a prisoner who has resided abroad within two years be fore shall seek the benefit of the Act, lie shall not be discharged without the consent of such Credi• tors, unless actually in custody, or seed for their debts : and, Upon the day appointed for hearing the prisoner, any Creditor, whether minted in the schedule or not, may oppose the application for relief, and put such • questions to the prisoner as the Court shall think tit, and the prisoner shall answer them upon oath, whereupon the Court is to decide whether or not the prisoner is entitled to the benefit of the Act, and in case of doubt, may remand the prisoner for further examination. Persons claiming to be Creditors, but not named in the pt isoner's schedule, may he added thereto at the time of hearing, and auy omission or en err in the schedule may be supplied or cor rected : anti in case the Court is of opinion that the prisoner is entitled to the benefit of the Act, having first taken the oath prescribed, it shall so order anti adjudee him entitled, and shall in such order specify the several persons against whose dematide the prisoner shall be deemed by the Court entitled to be discharged by virtue of the Act. It is here observable, that, by the- Statute 54 Geo. 111. ch. 23. sec. 7. iustead of specifying tine several Creditors, in tine order of adjudication, it shall be sufficient in sucl► order, to refer to the priso►►er's schedule for suei► specification, and tl►e prisoner is only discharged as to such scheduled Creditors. Atter the prisoner has been adjudged entitled to relief under tl►e Act, he executes an assignment of all his estate and effects of every description for the benefit of his Creditors, excepting to the amount of 201. for necessaries. He is then sworn to the truth of his schedule, and enters iu►o a recognizance to pay so much of the just debts and demands against him as shall not be paid out of the property assigned. This recog- nizance is in the nature of a judgment to be pu in suit against the Debtor and his future effeCts The Debtor, therefore, is not discharged from his under this Act of Parliament, until the whose of his debts shall be fully paid and satis. fled : and if the estate and effects Of the prisoner so assigned, or together with his totore estate and effects, are so considerable as to render it fit that interest should be allowed on the debts, the Court has also a power to order interest to be paid. Considering fairly Ole operation of the Act, therefore, as to the Debtor, it wil not he fouud so favourable to Mira► as the Bank- rapt Law, which exempts future p-roperty on obtaining the certificate of conformity. And although many persons have pronounced the In solvent Act as partial towards the Debtor, and unjust towards the Creditors, it is manifest, that tie lundship in this particular, at least, is most upon the Debtor. And a kn`owledge of its upe- ration has probably Wore(' cautionary conduct against Inc:lrving n liability which . would check inditstrioUs efforts, since noone would exert him- self so cheertolly for others, as he %rook; in con temphtion of reaping the foil benefits of his own industry. 'rise enactments which provide for the exarni bations of Dk:bt ors (iu county prisons) before the Justices of Peace at Sessions, direct that cer[ifi- chtes Of such examination, and of the prelimi nary as well as incidental proceedings before- thentiored, shall be transmitted to the Court, and that such Court shall proceed upon such cerrifi caTe as to such Court shall seem just. Although such examination before . the Justices may not in the opia;io❑ of the Cre►litors be so satisfactory eis if taken before the Court, there is ample pro vision for the removal of objections on th►at head, by the cootrooling power %A:l)Fcb the Court pos- • sesse3 to annul or — confirm the certificate of the Nagistrates, as to such Court shall seem just.— And this confront has general!) , been exercised with due and ditigcnt discretion, the Court keep- ing in view the rights of Creditors end the relief intended for Debtors, either of whotu has a right of appeal to the Court it the Certificate of the Magistrates should be tinsatisfactory, the decision Of the Court alone being In the original ,Act it was provided that one of the Judi es of his Majesty's Cunrt of King's ketich, Cult:moll Picas., or Exclitriticr, pre;ide in a Coutt of Appeal, to acciLle oil ail ap peals from Orders made by the Court constituted try ihe Act, and to affirm, reverse, or alter such orders ; but this appellate jurisdiction is at an end, by virtue of the 54tl► (ieo. 111. i and it will probably be contended that the administra tion of the statute has been' more satisfactory in Its general effects, than it such Court of Appeal had continued, inasmuch as disappointment or discontent might have frequently produced liti gation and the expences . incidental thereto, with little probability of reconciling both parties to the justice of a decision on such appeal. In proceeding through the origin:ll Act a very important clause strikes me as affording protec tion to the immediate and contingent interests of the Debtor, and is a strong counterpoise in the scale of estimation with his liability to pay out of his furore estate and effects ; an:l as many of your Readers ni , y not have been fully acquainted with this provision, the outline is here sub mit ted : S. H. Whereby,after reciting that Debtors may be entitled to annuities, or uncertain interests, Or to property Under Pticb circumstances that the immediate sale thereof fur pay ment of their debts may be piejudicial to them, and deprive them of the means of subsistence which they aright other wi,e have alter payment of their debts ; it is en:icted, That in all such cases the Court shall take into consideration all circumstances affecting such property ; and if it shall appear reasonable to make any special order thereon, it shall be lawful for the Court so to do, and to direct in what manner such property shall be managed for the benefit of the Cre ditors, until the same can be properly sold, or until payment of all the Creditors ; and to make such order touching the sale or disposiiou of such property as the Court shall deem reasonable, considering the rights of the Creditors and the future benefit of the Prisoner after payment of his debts, anti upon such terms as to the Court shall seem:inst. And if it shall appear to the Court that the debts of the prisoner can be di-ch;ur;;ed by means of money raised by way of mortgage, instead of sale, the Court may so order, and may generally direct all things which may lie propet for discharging such Prisoner's debts in the manner most con s istent with the in- terests of the Prisoner iu any surplus of his effects after pay went of such debts. 'lbis Unquestionably appears a most salutary clause for tl►e protection of those interests which might otherwise he greatly endangered by the hash y and inconsiderate determination of persons who plunge themselves as it were into the vortex of in solvency to escape the harassing perplexities of vindictive or ill-advised suits, and who are too easily persuaded by interested persons to seek re lief under the Statute, when there is no manifest necessity for such recourse. Altlrough it is much to be feared that the want of due vigilance and discrimination in the choice of assignees, or the injudicious conduct of their advisers, has in too many instances rendered this clause less operative than it would otherwise have been—it is due to the wisdom and justice of Parliament to pro nounce this a most equitable and considerate pro tectio❑ for the unfortunate, arid it is highly de sirable that they should have the full benefit of it. In the administration of this clause the late Ser jeant Palmer decided that a small annuity granted to a poor widow (I think 601.) should not be alienated, as he considered it a hardship to de prive her of so small a pittance. The Legislature has been equally vigilant in protecting all the legal rights and just claims of creditors, nearly to the full extent of hurna❑ fore sight. A creditor may apply to the Court within a twelvemonth to avoid the discharge of the debtor, if it has been improperly obtained, either in a fraudulent manner, 01 on proof of conceal ment of the debtor's' estate or effects, or for want of a due specification of propetty in the sche dule ; iu either of which cases the Court may de clare the discharge void, and the creditor may pmbeed against the debtor as if such eischarge had not been obtained ; or, upon application to the Court, the prisoner, may be remanded to cus tody by warrant under the hand and seal of the Commissioner, whereupon the estate and effects of the prisoner shall be re-assigned to him, except as to the dividends already applied in payment of his debts, whici► may be retained by his several creditors, excepting only tl►e creditor who shall apply to avoid the discharge, and who is to repay the dividends received before the order of remand shall issue. Temple. [To be continued.] W. M-N. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, 19. OPERA-HOUSE.-FERFORMERS' SALAAM. WATERS V. TAYLOR. Mr. HEALD stated, that the present cause arose out of exceptions taken to the Report of the Mas ter on a Decree of the Court, dated 12(11 Decem ber, 1813. By that Decree the Master was di rected to inquire whether any debts had been contracted in conducting the affairs of the Opera house since 1802, and whether• there were any outstanding debts which affected the plaintiff as the executor of Mr• Could. The exceptions were five in number and • he should stale them in the order of the Report. The first was to the amount of Mr. Didelot's claims. The Master in his Re port had found, that Charles Lewis Didelot was engaged by Mr. Tayor to be sole Master of the Ballet at the Opera-house, from 1811 to 1811, at an annual salary of 11501. payable in three in stalments; and that from Mr. Taylor's having omitted to pay all these instalments, a balance of 10211. 13s. 4d. was due to Mr. Didelor by the plaintiff. The exception to this part of the Re port rested on the following grounds :—Mr. Didelot, when he found that Mr. Taylor was prevented from paying him by a Decree of the Court, entered into a new agreement_ with Mr. Waters. It was evident that he could not enter into any new engagement without cancelling, in the eye of law, every claim on Mr. Taylor, who no longer retained any contrail' over his person. The SOLICITGR-GCNBRAL —When the decree of the Court was made, Mr. Waters gave Mr. Didelot 550/. as the proportion of his salary. for that part of the season which remained when the decree was made, not as a .yearly salary in terms of a netv engagement. Air. HEALD read the affidavit of Mr. Didelot, which statcd, that with the knowledge and con currence of Mr. Taylor, he had entered into a new engagement with the plain;ilf, Waters. He contended that it was of no conseTtence in what month the decree xvas made, or ‘vhen the season commenced, as (Le engagement of .M r. Dideiot was for the year. W‘ts ht to tr,ke 5501. from Mr. IVeert, and at td•d same tt►:ie be entitled to 1150/. from Mr. Taylor . . . VICE-CIIANCELLOR.—The affidavit of Mr. Dide:ot does not state, whether, in making a new agreement with Mr. Waters, he released Mr. Taylor from the former contract. The SOLICITOR•GENERAL said, that the first instalment was payable iu April, and the second in January ; the third, however, could not be paid by Mr. Taylor on account of the decree of Court. The 5501. were therefore given for the remainder of the season, and Mr. Didelot aban doned the claim on Mr. Taylor for the whole year's salary. The Master says, "As Mr. Di , (feint has agreed to perform during the remainder of the season for 5501., 1 give Mr. Taylor the benefit of this contract, and relieve the joint stock from the payment of that pat t of the year's sala ry." It was but fair that, as Mr. Waters had the sole benefit of Mr. Didelot's services during that period, he alone should pay for them. VICE-CHANCELLOR--\II. Solicitor-General, there is more doubt on this point than you seem aivire of. if the annual salary of Mr. Didelot vas 11501., then, in addition to the 5501. paid by Mr. Waters, he was entitled to the other 6001. But he says a new agreement . was made with Mr. IVaters, and I an not informed I,rhat that agreement was. It Mr. Taylor was released from his cow ract, bow could he afterwards be bound by it ? e SOLICITOR-GENERAL thought, -with great defereme to the Court, that Air. Heald was bound to show that Mr. Waters had relieved Mrjaylor from his agreement. The VICE-CHANCELLOR conceived that the whole question was, whether Mr. Dick.lot, by his new engagement, released Mr. Taylor front his contract ; or whet her that engagement only gave Mr. Taylor the benefit of the sums paid by Mr. Waters, without dissolving the contract. That the Master did not think the contract dissolved Ltd, the subsequent aweement was evident from his ieport ; but he bad founded his opinion on an affidavit which did not warrant that opinion; for he (the Master) clearly thought that tie agree ment between Mr. Didelot and Mr. Waters was with the concurrence of' Mr. Taylor; that the 5001. given by Mr. waters were to be considered a part of the 11501. ; and that Mr. Taylor w-as bound to make up the deficiency. lie wished to hear the other exceptions. Mr. !lEALD stated, that the other tour excep tions were taken to the amount of debts reported by the Master to be due to four other pertortuers, and were precisely similar in principle to the one which had been discussed. FloNotlß then decreed, that it be referred to the Master, whether the new engagements en tered into by t hese performers released Mr. Taylor from the original contracts with them ; with h berty to the Master to state any cit•cutnstances be way think proper. This he conceived to be the only course be could take, unless he should direct each of the parties to enter an action at law.— ( The Times) COURT OF' KING'S BENCH. JAN. 19. FALSE IMPRISONMENT. THE MARQUIS D'AOUSI v. ELMORE. Mr. GURNEY stated, that tilk was an action in which the plaintiff, a Nobleman of high rank and large property in -France, soeght to recover a compensation from the delendaut, a horse-dealer, for a malicious arrest and false imprisonment, The plaintiff, it would appear, being anxious to have some English hunters to take over to France with bia a , %%eta, on the 24;1a of September, 1817, to the defendant's stables to look at some : as he could Tot speak English, he took with hint a Gen tleman named Bradley. 'They were shewn seve ral horses by the defendant's brother, Julio El more, and amongst others two (a bay and a brown) which the Marquis liked. Elmore asked 250 guineas for the two ; after some discussion, the Marquis agreed to give 220 guineas, if, on seeing the horses leap in the field, he should ap prove their action. The horses were accordingly taken to a field in the neighbourhood, Joltn El more riding on one, and a boy on the other. Here John Elmore, after a variety of attempts to leap the horse which he rode, eltiniately declined doing so, but told the Marquis he might if lie pleased, alleging,. is an excuse for his not doing so, that his nerves were not equal to it. The Marquis, though not pleased, mounted the brown horse, and was trotting round the field, when, on looking round, he perceived that John Elmore had left them, and was riding home. The Marquis felt offended at this; he dis mounted from the brown horse, delivered him over to Elrnore's boy, and ste the same time sent a message to Elmore, to sarbe would not have dm bay horse at any price ; but lie was ready still to take the brown horse at the price ofj2o guineas, if be saw him leap. Two or three days afterwards the Marquis, to his utter astonishment, was ar rested at his hotel, and taken to a lock-op house, for a debt of 220 guineas, at the suit of• Elmore, on pretence of his having purchased these two horses. He continued in confinement :about five hours, when he was liberated on putting in bail. The defendant, however, afterwards dropped the action, and suffered . judgment of non pros to be entered. For the imprisonment which the Mar quis had thus suffered, the plaintiff brought the toesent action.--Mr. GURNEY Celled WitoeSSCS to substantiate his case. Mr. SCARLETT, 011 the part of the defendant,. called several witnesses to prove that the plaintiff purchased the horses, and agreed with Mr.Ehnore for their standing at livery with him, till be should be ready to take them over to France; that he and Mr. Bradley, his fi iend, then quitted the stable and went away ; and whilst they we're absent, Mr. Leigh, of Bexley, who had previously seen the brown horse, came amin to the stable, and wished to purchase him ; but Mr. John El more informed him he could not have him, as he was sold to the Marquis. SOon after the Marquis and Mr. Bradley loomed, and desired to have the horses sent to it field, that they might see them g o: ,and after having done so, they sent a message • tO Mr. Elmore to say that the Mauluis would not have them at ail. That Mr. E. on this applied to tfie Marquis several times, but being able to get nO satisfactory answer, be then commenced an I:ction against him ; he was proceeding in it, but t the Marquis of Blandlotd having in the interim oft, rcci guinea; for tiie b ro w n i+ni.gc, and a 1 100 ( Air. hot se-t ett er, or the ) , 4y, - wore considered it would be an indulg ence to ' Marquis if he took the price offered, and tlf°Pri ac the tion against him, which he accordin&Y Mr. Scarlet' called several witnesses to p r°"lj e case. The Jury, however, found a ver dict ford' plaintiff —Daiwtges 1001. Mr. Gousgy btlid, he was authorized by I , g Marquis to state, that the damages wank' " °, given to a public charity in this country-4111 iris . Post.) DIXON V. MEDGI?.S: n (ler.' ) SLANDER.—This was an action of The declaration alleged that the defendant '0- called the plaintiff" thief, a scamp , a scre o w and a dealer in screws"— han inuen do t Igbi latter ‘vords, that the defendant meant tO plaintiff dealt in unsound horses. t tlt Mr. SCARLETT and Mr. TINDAL condocteu F t plaintiff's case, and Mr. GURNEY and Mr. P' JONES the defendant's. The case *As this —Both parties are dealers 0 horses, the plaintiff being the Keeper of ihe I f pository in Barbican. At a sale by auc ti° , i ' ' horses conducted by the plaintiff, the dereo",,°-t attended, and bid for a lot at the price o f 41. the horse was knocked down to another bidtleh; which provoking the anger of the defendant,. llc ti used the words laid in the declaration , for wi the present action was brought by the plaintafthe Mr. GURNEY suggested in defetfee, t hat 1 " to avoids being uttered in anger could not be 9",,, have that malignant. and deliberate character cessary to support an action for (datuageS.. reff w ' The ease , ent to the Jury under the lieonbs Judge's direction, and a verdict was found for plaintiff—Damages, Chronicle ) SURREY SESSIONS, florsentonger-lane,J George illlen , was put to the Wit. u pon dictments tinder the Embezzlement Act,' red by . his late employer, Mr. Turner, blaciiio,g, manufacturer, in the London-rood, Sr. George 5 fields, for not accounting fort two settle of 21. 5 ' and 41. 15s. received by him as travr (for M l. ' Turner.) and swede', Mr. ADOLPHUS opened the case, that Mr. Turner, who had in the fi rst it.s l3 " c proceeded against the prisoner for the defiejet"l't tit' ° • tai , had been so considerable a sufferer, that d►e his duty to proceed criminally upon the ir e .":,. which formed the subject of the present pr()s e `' ,i ' e , tion, bait which di►d not form any part of the ficiency acknowledged by the prisoner. ~t of Before the calling of any witnesses io stlPP o ; i fi. the charge, the Chairman, it r. '1.1,... mated, as the.opinion of th e 8, 7 , *, :hat fte• 1 1i dicttnent could not be sustaicz;c;, ..r. I , ‘ ,l ' : ;: t'lte‘r a matter of account between.tho iiarties. Tl•e- .* . I►rigoner was therefore initnediate: ~, ale' quitted. , tteo 111 r. ALLEY, as Counsel for the prisoner, 1. f moved the Court for a c;ipy of the indictment," with the view of founding proceedings for a tt►a, felt I, licious prosecution, alleging that . the defentie was the victim of a contest between tWo pla V 4, I• Old,6)If:I:ib r i s i a i b! Bailey.il c a : t k i i o n o g e l' ecrass'e and aCCrintteCal:ki;:, S:1:11111/416 notA I t r o . A g tro.aonl.tP Nv thes ncloortlitztiebde,cat that th e ; if the C t h o e u i l l .t ri o so l e l ';. thought fit, he might apply for a ~co►py of tt:e W I dietment through the Attorney•Geueral, opal (f 5,,,, if7silteeiirirdse_:,ipsr.l_til r eyt : r ! ie t ((,Tri\agi t i l a t t a ((i) t it : 1, 1 , 1 ) et e Aa c st h ty a oe u rt g n e (elyo a ..ri g Ge a .e i ntlislit.ra.lllA.i_u(ti,‘,llvio)aisti itiosfialtie;, proceeding, when he was in►errupted by The CHAIRMAN, who said that the Bench . We r f satisfied that the application must be refused, (II; Court seeing no reason to grant it, and not fedi" itself called upon to give any opinion. The 1" .° : e ,riag 11 Lancers, va 1 ye w t...._iee er:l T imes. : m o rning a 1 preparatoryi d ) s e per mode was that pointed out by Mr. AtIoll'":, at seven o'clock, esc - Mqed b , Y ., itS ifbirtoo:iiiklyi of N lv 20 convicts were were retnniell, ntd 7so n t h t e o i r t h i el being it'rs::"."los; ported to New South Wales. They - are C hic. under sentence of seven years' transpot•ta►io+ BS RTH . Ou the Mb instant, at Edmonton, Mrs. Bowden, °t. I aughter. On Saturday, the 16th inst Dl ., E Mrs. Batten, wife of the%jott S. E. Batten, one of the Masters of Harrow, after O of a son. ,Dr. At 'Weymouth, Dorset, Mrs. Butcher, relict T v ,. of Willi am Botcher, of Wileot, Wilts, and only daog`%-oref -William Vale, Esq., of Portman-street, Porttu awsq surviving her husband only 11 months. On Monday, the Dith inst., at her house in 1. ,, ,,,„ f ie , street,-aged 83, Mrs. Wright, widow of the late ,•"'" Wright, Esq., of the. Admiralty. PROVINCIAT, BIRTH, M.IRRIAGES, AND D BIRTH. , t At Pinkie House, near Edinburgh. on the 12th .05'. .ady of Sir John Hope, of Craighall, Bart. of a son' AL% URI E. l i it l# On the 12th inst. in St. Paul' s Chapel, Edinb ur g'' , tenant-Colonel George M‘K o n o chi e , in the. service (.;: e j ' is h , Honourable East India Company, on the ilontb a y estaj late inent, to Miss Isabella Alison, youngest daughter a the James Esq. of the Koval Nai:v. T • ute' On tbe it c h inst. at St. ACine's Church, " -- ' l , e e nt nant Guy Caricton M'Carty Colclongh, of the 62d tY second son Of Henry Colelough, Es q. of Monnt-Sien, c i ° a , Ti e of Carlow, to Margaret, eldest daughter of the lat e Cooke, .E,(l. of Kilhenny. At Calcutta, Eao Tinlies, on the 19th Silly last, Sa ra ,, l ',;bill' of Dr. James Robinson, son of the late Rev. Thomas son, of Leicester. , t be On the t tth inst. William Forster, of Ballynore, county of Ntonagliatr, Ireland, Esq. • and, on the prece(seeli day, his only sister, Mrs. Michell, relict of Blaney I" At' her hone, - Castle street, Edinburzh, tette! Esq. the Honourable Miss Henrietta Napier, 'daughter of th e Lotd Napier. Ott At her father's house, Ahercrorrili • place, I,:dinbargb, the lot inst. Anne Mat iii hair, dar)i-Aiter , of Colonel Mali , Deputy Governor of Fort George. On the tst inst. at Kilblaan, in the parish of Soul Peal". Is' Ar , vitsii:r • C • once Watson, at the advanced ag . c of I °' li r a , She was on 1),• once married, and was the mother of 13 chi t "' on the Mil illl3stt; LONDON: Printed t)' 3. B. CARSTAIRS, of No. 2 P , ( i f .: Ormond -street, Qoeen-s.itiare; .and pn Wished by sci SCRIPPS, of No. 7, South INl(dton-street, t Ti" , Oilier, No. Ito, Strand ; .stitere,.Adrettlsements, Leltsrs, &e. OV' t (post-paid) utuA aldress.ed. P Hs y‘ mi Golf 04,1 - $ 64 V, 4 ie 103 4.1 e. ~lci)t)ti A 4 , 14 4 . 4 1 ,, ' l k ,; iI G ki• tgri t t:: 1 4 v 11 I) It '4ll 1(11." t 4„, )e , k s4 l:4 cl 4