The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-05-01 00:00:00

IN RE LORD ALBERT CLINTON.

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In the London Court of Bankruptcy, Albert Sydney
Pelham Clinton, commonly called Lord Albert Clinton,
applied on Friday last to pass his examination and for
an order of discharge. The last examination was then
passed, and upon the question of discharge, it was ,ob-
jected that the bankruptcy was attributable to unjusti-
fiable extravagance in living, and that the bankrupt
had engaged M hazardous speculations. It appeared
that the bankrupt was in the receipt of an annuity of
MO, payable at the discretion of trustees, and it was
asked that a portion of the annuity should be applied
in payment of the bankrupt's debts. This application
was resisted upon the ground that the annuity was of
too uncertain a nature to be subjected to a condition,
and, the learned commissioner, haying taken time to
consider, now gave judgment.
Mr. Sydney appeared for the assignees; Mr. H.
Linklater for the bankrupt.
His Honour said it was apparent from the bankrupt's
own statements that he had been engaged in rash and
hazardous speculations, and had committed acts of un-
justifiable extravagance in living. It appeared that he
was in some degree interested in a life annuity under
the trusts of the will of his late father, the Duke of
Newcastle, and the assignees asked that he should only
be discharged on condition of setting aside £lOO a year
towards payment of his debts till 50. in the pound had
been paid. After examining and adverting to several
cases, his Honour said it was clea-.. that the Court was
required, and had power in cases which came within
the 159th section to refuse or suspend the order, or to
annex conditions to it. It remained to be con-
sidered whether the conduct of the bankrupt
had made the provisions of the statute applicable
to Isio case. The accounts filed by him showed that
in the year before his bankruptcy he lost by play at
Homburg £5OO, at Wiesbaden I:150, at Spa £350, 011
the Derby 4:250, and at Brighton races £lBO. A man
with an income of £4OO a year and no more, and owing
many thousands to creditors, and who lost at public
gaming-tables and horse races more than £1,500 in one
year, could not be considered otherwise than guilty of
rash and hazardous speculations; and it would be an

offence against common sense to soggest a doubt that
he was cleat ly within the statute. He had sp-dd £2,839,
as he himself stated as follows :—Three weeks' expenses
in Paris, for apartments, £5O; travelling eNpenses,
cabs, hotel bills, carriage hire, and theatre and opera
boxes, £120; keep of horses and servants, £200; pocLet
money, £lOO, with other items; and no doubt cot-id be
entertained that he bad committed unjustif dble ex-
travagance in living. It might be true that tue trust.
tees could withhold theannuity if theythought fit. In
this country the law gave very great power to trustees;
audit might be conceived that it was the far seeing inten-
tion of the late duke to make a provision for his sou which
should secure to him the necessaries of life, and that
this provision should not be imperilled by his own
conduct or engagements. To the extent to which the
trust was lawful it twist be respected, and the Court
had no present authority over that subject. It would
be, however, mere affectation to express a doubt that
the trustees would duly and punctually pay the bank-
rupt the whale of the annuity of £4OO. I3ut without
speculating on this, there was abundant reason in the
case for making the order about to be made. As no
creditor had asked for the absolute refusal of the order,
it was not necessary to consider that point. The
order, if granted, would free the bankrupt from
the claims or importunities of creditors for more
than £23,000. He had more than a probability of being
in the receipt of £4OO a year; he was a young man
of distinguished station ; he had family connections of
rank and influence, —advantages which could not fail
to give him opportunities by the employment of his
abilities to earn an income sufficient to enable him to
comply with the very moderate demand made by the
assignees; he possessed good education and no doubt
sufficient abilities. The Court would not do him the in-
justice to suploose that he meant to condemn himself
to a life of useless and unworthy idleness. Being satis-
fied that by his own exertions, even without the £4OO
a-year, the bankrupt would be able to pay £lOO a-year
towards liquidating his debts, the court would, at the
instance of the assignees, order him to make that pay-
ment as the condition of his discharge; if such pay-
ment were not made, the order to be null and void,
and he would remain an undischarged bankrupt.
Upon the application of Mr. Sydney, his honour
ordered the first quarterly payment to be made three
months after the day of hearing (the 23rd inst.), and
to continue until 58. in the pound should be paid.