The Northern Daily Times.
Liverpool, Merseyside, England, 1856-09-18 00:00:00

AN ATTORNEY'S SCHEDULE.

In the London Insolvent Court, on Monday, Benjamin
Ilene, now of Ely-place, Tioilywn, scrivener, attorney,
and proctor, formerly of Wells, and Liverpiol, was
heard on his petition. The schedule disclosed ninety-
nine creditors, for debts to the amount of £1,629,
including twenty-two for liabilities On bills, and other
securities for other persons. The debts included every
branch of trade, via.: boarding Eehoo 1 s, newspaper
proprietors, c'erks, milk scores, &c. This was his fourth
appearance—the last one was in 1851; and it appeared
that the insolvent lived in a large house, of stylish appear-
ance, although the furniture and office fittings were held
by one of his daughters, under a bill of sale. His assets
were nil, except a large amount of debts, none of which
the estate realised, being mostly pauper, or ' no cure no
pay" debtors. One property, at Deal, had been mortgaged
to tha Equality Building Society, of which insolvent was
solicitor, and the title was disputed. Another in Devon-
shire, claimed by him, and some cottages at Croydon, were
also mortgaged, and had been, as yet. unproductive. The
insolvent's daughter also held several mortgages on those
Properties. Opposition was entered by Mr. Roberts, a
creditor, on an accommodation bill ; Messrs. Nash, for
work done, and a judgment for £25, and costs £8 ; Mr. H.
Hoppe, coal merchant, and others. An order for a future
day was subsequently made.

A BANKRUPTCY COMMISSIONER IN

DIFFICULTIES.

We observe in the law reports of our metropolitan
cotomporariel, that an important motion was made in
Judges Chambers, on Tuesday, before Mr. Baron Bram-
well, for the purpose of releasing Mr. Commissioner
Stevenson, of the Liverpool Bankruptcy Court, from the
debtors' prison, at Lancaster, The report of the motion
is thus reported

This was an application to show cause why the defen-
dant, one of the district commissioners at the Court of
Bankruptcy at Liverpool, should not be discharged out
of the custody of the sheriff of Lancashire, with costs, on
the ground that at the time of his arrest he was acting as
ohe of the commissioners of the District Court of Bank-
ruptcy, in and for the borough of Liverpool, and was
privileged.
Mr. Welsby appeared on the part of the defendant, in
support of the application ; :and Mr. T. Chitty for the
plaintiff.
The circumstances of the case are of a peculiar
character, and from the affidavits of the defendant and
his attorney, Mr. Pemberton, it appeared that the defen-
dant was duly acting as commissioner under the several
statutes relating to bankrupts in that district ; that on the
12th of September he was arrested by virtue of a warrant
issued upon a capias ad satisfaciendum issued out of the
Court of Exchequer at the suit of the plaintiff; and that
he was in custody of the sheriff of Lancashire upon such
warrant, and for no other cause of detention. The affidavit
of Mr. Pemberton, the attorney, stated that the action
upon which tho defendant was detained was commenced
in the month of April last, and that no appearance being '
entered for the defendant, judgment was signed in May
last by Messrs. Harvey and Falcon, the then plaintiff's
attorneys ; that in the month of June last a meeting of
the creditors of the defendant was held at Mr. Pember-
ton's, at which a clerk of the plaintiff's attorneys attended,
and at that meeting a proposal was made and agreed to
that the defendar.t should place a certain sum of money
out of his income in the hands of one of the creditors on
the Ilth of July for rateable division among the creditors.
The money was so paid, and the plaintiff's share was still
in the hands of the creditor to whom it was to be paid,
ready for payment to the plaintiff. From some cause,
however, the plaintiff changed his attorneys, and removed
the proceedings out of the hands of Messrs. Harvey and
Falcon, who had advised him that the defendant was
privileged from arrest, and placed them in the hands
of Mr. Cross, of Liverpool, with whom several inter-
views and conversations were had by the defendant's
attorneys on the subject of a threat of plain-
tiff intending to take the defendant on a ca.
sq. The attention of Mr. Cross was constantly
drawn to the several acts of parliament now in force
relating to bankrupts, and particularly those sections
relating to privilege ; but notwithstanding that, the
plaintiff's attorney expressed his determination of arrest-
ing the defendant, and trying the question; and on
Friday, the 12th inst., the defendant was arrested,
although on that day he had attended at the Bankruptcy
Court, and performed his duties in court as commissioner,
and would have attended there next day if he had not
been prevented by being arrested.
The learned counsel read those sections of the act which
related to privilege. and urged that the conduct pursued
in arresting the defendant was unwarrantable, and in the
present case it was also against good faith.
Mr. Chitty having been heard in opposition,
Mr. Baron Bramwell said, he was clearly of opinion
that at the time of the arrest the defendant was, as a
commissioner and judge of the District Court of Bank-
ruptcy of Liverpool, privileged from arrest, and he should
make an order that he be discharged forthwith, with costs
to be pad by the plaintiff.
Order discharging the defendant out of custody with
costs accordingly.

A LADY CARRIED HOME AGAINST
HER WILL.

Some gossip has been occasioned at Reading, as we
learn from the Berkshire Chronicle, by the forcible carry-
ing off of a lady from the house of Miss Smart, No. 9,
Southampton Place, where she had been lodging. The
lady was Mrs. Cherry, wife of the rector of Burghfield,
about four miles from Reading, and the rrson who
carried her off, aided by his legal adviser and other assist-
ants, was her husband. It appears that some months
ago Mrs. Cherry left her husband's house at Burghfield,
and returned to Reading, in which town she had for some
years resided during her first husband's lifetime, and
after his decease until her second marriage, two or three
years ago. It is understood that domestic differences led
to this, on her part, votuntary eeparation. Mr. Cherry
had made repeated efforts to induce her to return to his
house, but in vain. On Sunday evening, the 31st ult., one
of these efforts was made in a 'manner so public as to
cause great excitement in St. Giles's Church. The reve-
rend gentleman attended divine service, sitting a few
yards from the pew which the lady and her friends
usually occupy. At its conclusion, he proceeded
to the pew door, and on Mrs. Cherry's egress
he took hold of her, and compelled her to accompany him
into the vestry. The 'vicar (Mr. Grainger) and other
gentlemen hastened thither, and Mr. Cherry made an
excited appeal to his brother clergyman, as a friend, to
use his influence to promote a reunion. This was declined,
and the lady retired alone into the vicarage, her husband,
after some hesitation, retiring to go home. So matters
stood until Monday morning last. About nine o'clock, Mr.
Cherry proceeded, with his solicitor (Mr. F. M. Slocombe),
Superintendent Peck, of the borough police, and two
constables in plain clothes, into Southampton-street.
The two latter were placed at the rear of the house No.
9, to prevent an escape that way, the rev. gentleman stood
with his gardener at some little distance, out of sight ;
his brougham was drawn up near at hand, and behind
that was a cart, with a stout lad as driver, it is presumed
to convey the luggage. All being in readiness, the
professional gentleman and the superintendent went
up the steps, and knocked at the door. They were
admitted, and the door was closed. Presently one of
them re-opened it, and signalled to Mr. Cherry, who
rushed into the house, followed closely by his gardener.
All this could not be done in so populous a thoroughfare
without attracting some spectators. They heard a great
bustle and confusion in the house, and loud screaming.
The gardener came to the door and beckoned to the
coachman, who instantly drove up to the outer gate. In
the midst of the screaming the lady was seen to emerge
into the passage, without bonnet or shawl ; on one side
of her was the gardener on the other Superintendent
Peck, and behind Mr. Cherry, assisting, and thus they
conveyed her, not without considerable force, owing to
her resistance, down the steps. At this point the lady
cried out in a distracted manner, "Is there no one to
save me ?" but she was hurried through the front garden
into the carriage. Mr. Cherry
follow.;d her in, Mr. Peck
mounted on the box, the coachman drove up the hill
towards Whitley, and they proceeded to Burghfield
Rectory.

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EMIGRATION.—One of the Irish Galway papers," noti-
cing the continuance of the " exodus" from that province,
speaks of a counter tide of returning emigrants, persons
who have amassed some wealth, or who have fallen into a
state of ill health. The numbers, however, are said to
be merely fractional, as compared with the outward bound
movement.