The British Press; or, Morning Literary Advertiser.
London, England, 1826-06-29 00:00:00

INSOLVENT DEBTORS' COURT, Juxs 23.

Charles Cooper, proprietor of the Coopers' Arms public-house.
situated in IVest-street, Smithfield, was opposed by Messrs.
HEATH and
.COOKE, on the rart ci certaiq creditors of the insol-
vent, on the ground that he had made omissions in the balance-
sheet which he filed in Court, tending to defraud his creditors, and
that during his intprisontneut be misappropriated a considerable
so it of money which was then under his control.
It appeared in evidence that the insolvent was an uncertificated
bankrupt ; that about twelve months since he applied to the Ward-
mote of Farringslon Without for a license, which was refused ; he
subsequently sold the Coopers' Arms to a person of the name of
Ross for 1,920/. ; that being indebted to Messrs. Truman and
Hanhury to the amount of 1,6091., he deposited the proceeds of the
sale in their hands, and that consequently there was a baLince the
to him of 3fiol. Ross, the new landlord, was afterwards refused a
license, in consequence of the previous bad character of the public-
house In question. Against this refusal Ross appealed to the Lon-
don Sessions, when, in consequence of the good character he re-
ceived, and the improvement which had taken place in :he manage-
went of the house, the appellant obtained a license. The halm c
which was due from Messrs. Truman and flanbary having re-
retained in their hands as a security to the new landlord, when the
license was obtained by Ross, that money came troche the insol-
vent's control, who then offered his creditors a composition of 3s. in
the pound, in payment of their claims. In consequence of this
offer, Gilmore, a creditor of the insolvent, received 100 f. in pay.
ment of his claim. Before the license was granted to Ross, the in-
solvent petitioned the Court, and filed a -blank estate paper and
bilance.sheet, in which he omitted any mention of the property in
the hands of Messrs. Truman and Hanbury.
Mr. CooKE took two exceptions to the insolvent's discharge; •
first, that he had tiled a blank estate paper, in which he made no
allusion to the property in the hands of Messrs. Truman end Han-
bury, which, he contended, ought to have been paid over to the
arovisional Assignee; and, secondly, that the insolvent was allowed
to file his petition on the faith of an affidavit, which made this same
omissions as had been dope in his balance-sheet and estate paper.'
Upon these grounds he contended that the affidavit was in contra.
diction to the facts of the case as they appeared in evidence, and
consequently that the insolvent's petition ought to be dismissed.
Mr. POLLOCK, who appeared for. the insolvent, said that the
schedule could not be impeached on the ground that the insolvent
contemplated to commit a aud ; themoney which had been placed
in the hands of Messrs. Truman and Hanbury was paid away by
them in their own wrong, and could be recovered by an action at
law, and consequently the creditors of the insolvent could not be
injured in their demands on the insolvent's estate by that nab-
saction.

The CHIEF COMM/9410)(ER said, the dismissal of the into%
vent's petition could not be attended with any advantage to the
insolvent's creditors. The only effect of such a course would he to
involve the mat), in greater expense, and to prolong the term of
his isn-risonmint ft was clear the insolvent's petition was grossly
imperfect ; he however thought that, with all its imperfections, it
was better the case struld stand on its own merits, thai be dis..
missed to be afterwards corrected.

The insolvent then underwent a long examination an to the dis-
position of his property, to chew that lie had acted fraudulently, end
had exercised an undue prefrence in the payment of his debt.,
when Messrs. Cooke anti Heath prayed the Court that the insolvent
might be remanded.
Slr. Pot.t.ocx having been heard in reply,
The C/II re COMMISSIONER then commented en the evidence
which had been heard. He nuld, he could not think 'the insolvent
had erred through inadvertency ; the innelvent's schedule was
marked with grins negligence, to say the leant of It; his conceal.
went of the property in the hands of Messrs. 'Etonian and Hun-
bury could not have proceeded from ignorance. Ile must have
known he • had a control over that mosey when he disrosed of it
by orders on that firm ; he had also, after he was in prison, re-
ceived various sums, for which he had not accounted ; there
were, also. several hills of the insolvent's out, for which he was
liable to be arrested ; of these bills he had taken no notice in Oil
schedule. lie could not make up his mind as to wbat ho might
finally dettrmite in the case ; but the case should now be ad.
journal fn- the benefit of die creditors, who should be served with
regular notice.
The order of. the Coen? was, that the insolvent should be re-
manded, and when he had amended the necessary documents, he
would deliver the judgment of the Court.
The insolvent was then remanded to liorsemonger.laue gaol.

LONDON ORPHAN ARYLITH.—At the election, on Mon-
day List, a very deserving Candidate, known by the deAgnation of
the " Poyais Chskl" (which had been taken into the Home, •ta' -
j et to the El, edam) was unattotesehil; but we have red a i -
faction in stating, dna the suet neeitoary for securing this int--
resting gist reception into Ale 611111friM Institution (44 Iht
guinea), was in a few hours cantata immogi the Megabits of the
Stock Exchange, though it is shit bawd that try rceir I
4 very large propostimi Of its NW from is gingers
b 1 shment. • .