The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-17 00:00:00

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1 Mr. Standrird, who claims to be creditor for 7001. and upwards.
who,. it was stated, held a trot:gore deed on the insolvent's null
and premise., which are said to be worth 0001. A question there-
fore 'rose as to whether he ass a ereaitor, and eligible to vote for
Ore insult cot's beirg heard.
Mr. iiItATIT, for the opposing creditor", submitted that Mr. '
Stand lad was not in a condition to give a Tote on the prevent oe-
easion, for, holding the mortgage as he did, anti the possession of
the mill, itc. he could not be deemed a creditor to the estate, or, at
all erems, not to the amonnt set forth in the schedule.
Alp Critics, per contra. contended that this rail the first time he
bad ever heard a doctrine like that propounded by histriend (Mr.
Heath). The Conte hail always held that a mortgage creditor
should be inserted in the schedule, anti although they were reldorn
anpointed assignees, yet the Court hart nesse denied th.tm the poi.
vi!rge of voting, so as to carry into ditch ore of the beneficial put.
poses of the Act. IticSomdfoul Rea one of the creditors from *hose
claim the insolvent sought to be discharged, and indeed his sche-
dule would have been dismissed had that person's debt been ex-
cluded room ft. The words of the 42d section, as referable to the
present ease, were, in effect, that an insolvent should not apply
to the Court a recond time within live yenta, unless he ebtaineti the
mi.:cot of three.fourths of his creditors, in number and value,"
die. &r. He (Mr. Cooke) submitted that the word " creditors"
referred to those persons. and those only, whose names were in the
schedule as creditor.. or claiming to be such, nod that therefore
every prison so inserted Will eligible to vote on occasions like the
present. He would moreover chserve the, leaving the debt of
Stet:di:ord ont of the question, his client Lad obtained the number,
and very near the value; *belt:fore. as it was so near a point, he
hoped the Court rooter consider that the ("solvent bad complied
wills the terms of the Statute, and was in a condition to be heard
on his petition.
Mr. 11F4T11 replica—Me hoped the Court would consider the
cue as a most important one, and by the construction of the words
_take care that the apish of the Act should be insured. Under the
new Bankrupt Act. he believed that every creditor was bound to
t prove by debt specifically. Ina case of a person holding a eolla-
tersl security, the Commissioners obliged the creditor to define hut
dear. whore he proud it. lie concluded by contending that Mr.
Standford was not entitled to tote, ns be was not in reality a bona
fide creditor.
The Commissioners delivered their opinions seriatim.
TM Curse Cowstisalowatia thought that the insolvent wan
=titled to be beard on his petition, and he founded his opinion
Irwin coupling the fhb with the 42d sections of the Act. The first
of these clause. required that an insolvent should give a full de-
oription of the debts he owed, end, indeed, of all persons claiming
to D 3 creditor'', the nature of their claims, and the securities which
they held. and the latter, that the applicant should obtain the con-
sent of three.tourtis of his creditors, should that consent be deemed
(*semi-al. in the present ease the insolvent had given a mortenge
deed, hut how was it possible that the security held by his creditor
could be disposed of, or could properly define their claim, so as
to state what it actually was? Were persons holding ciaatetal
securities. bound to do this on all occasions, it would sometimes
be impossible to do on, and iu a case like this it might be, because,
to answer the and, ol justice on all sides, it might also be oppress-
sire. Under all the circumstances of the case, he (the Chief Cam-
missianer) thought that the insolvent was entitled to the considera-
tion of the Corm, and that they ought to entertain his petition.
Mr. Commissioner Bowen and Mr. Commissioner Law each
took a different view of the ease. The former was aware that when
an insolvent made out his schedule, it was possible that he might
be unable to state :he specific amount of the claim of a mortgagee,
or ors creditor, where there had been a running account ; neverthe-
leas, it was incumbent on an insolvent like the present to prove
that Standford wet a creditor bona Ede.
Mr. Commissioner LAW consitTered this a matter of great Mi.
portance. The question was, whether a person who appeared to be
a creditor on the schedule, but at the cam,' time held a mortgage
deed, m other equi relent windy, had power to assist an insolvent
to make a second and effective application: to the Court. He
thought not, and his raisons were several. Suppose on one side of
the schedule the insolvent acknowledged himself a debtor for 1001.
to any person, and that same person was placed on the other side of
the schedule Asa debtor to the estate of the insolvent for t. 01., was
it fair, in a case like the present, that the 1001. should be taken into
consideration, withoutdeducting theaet-off ? If so, the clause un-
der consideration would be ineffective. The Learned Commis-
sioner edverted to other analogous points, and concluded by giving
it as hive anion, that the insolyent's petition could not be enter-
tedned under the clause upon shier he applied, unless the debt of
Mr. Standfcrd was excluded from the consideration of number and
value. _ .

There being n majwity on the part of the Commisaioners (rho
sit u ...jury) against the application, the insolvent was again re-
manded sin die, therefor; gaining nothing by h s second appli-
cation.

POLICE.

EXTENSIVE SWlNDLlNG.—renterday Thomas Hewitt was
brought up for final examination, before Mr. Hoskins, on various
charges of fraud and swindling. The office was crowded with per-
sons whom he had doped.
31r. Edward Passmore, of the Rising Sun., Challon-street. So-
mers-town, stated, that about three months ago the prisoner called
at his house, and entered into renversation with him, saying he had
an extensive job on hand, and putting a sheet of paper into the
witness's hand, said, '• This is an mftitnate of work I am to do for
the Archbishop of Canterbury, a hose' teward is my brother-in-law.
I know your nephews well, and shall give you the preference."
The witness had been a Witter, and his nephews were now in
the same line • and feeling desisotallar working /be BO eminent a
personage as the Archbishop of Canterbury, asked him into the
partner, when he described the work which was to be done, namely
the building two first-rate houses and the turning a sewer, and made
an appointment with the witness to take him to the Archbishop's
Palace on the following Sunday. Ile then quickly said, " Will
you allow me ter pay my men here us-eight, as I expect my sur-
veyor in a few minutes?" The witness immediately consented,
and the prisoner requested two pounds worth of silver, which the
witness gave him, and went into the bar, but returned to the par.
lour in less than two minutes, and found the prisoner gone. It im-
mediately occurred to him he had been swindled, and he never saw'
him front that time until now. lie caused inquiries to be made at
the Archbishop's, but found the prisoner had no relation there in
any capacity.
Mr. Witham Maycnck, builder and excavator of Portland.
town, deposed that the prh,oner called four times at his house
relative to an extensive job—the erection of large walls, and the
formation of a fish pond at the Archbishop's country seat, which
he was to get hint through his brother-in-law, the steward, and
upon his last calling he persuaded witness to get into his gig to go
to the place where the work was to br commenced, and on the way,
ILI if suddenly recollecting himself, he said, " I hove several things
to take with me and have not enough silver, will you lend me seven
or eight shillings." The witness had only a live pound note about
' him, and he unhesitatingly handed the• to him, desiring him to get
change and take front it what he wants:'. The prisoner got out of
I the gig, promising to return immediately. Witness waited some
' time, and finding him not returning, went home of course, con.
sidering himself &tried.
Illr. John Smith, of No. 3 Wharf.. Paddington, deposed that
' same time since the prisoner came to him, and talked very largely
of some excavations which he was carylng on for the Duke of
Norfolk, whose steward, Mr. Evans, was Isis brother.in-law. and
, as some masonry was to be executed he (the witness) should get
the work. He hail several interviews with the witness, anti per-
/waded him to go down to St. James'a.etreet, to meet Mr. Evans,
who was, by his direction, to draw from the banker 31. or 400/. to
advance to the witness to carry on the work. In St. James's street
they went into a public-house, where the prisoner Jett hint for a
minute or two, when returning, he sail—•• I have rot seen my
brother, but it's all right; he has left the money with one of the
' clerks, and as I want some change, will yog lend me 61. 104. 6d.
for • minute or two ?" " 3lost certainly, my friend," replied the
witness, and handed over that sum ; but, as usual, the prisoner
never made his appearance again.
Mr. Daniel Mahony, of No. 14, Upper rork.straet, said that on
the 14th October It.st, at night, the priso.ler came to his house, and
saw the witness's wife, he being in bed. Basing pressed much to
see him, he was shown to his bed aide, and immediately claimed
acquaintance, saying, " I can get you a good job at Lmd Bel.
more's, in Hamilton-place, hishounete going to be put in thorough
repair, and I can do any thing with Evans, the steward, who is my
brother.imlaw." Ile made an appointment for the next day ; witness
met him there, nod upon several other occasions, and he always
said money was no object, and the would 'procure an advance of
130/. to waist in carrying on she work. The last time they met he
was taking him to Lord Behuore's steward to decide upon the
(em', and when passing the end of Mount-street, Grosvenor-
square, be desired witness to wait a moment, as he had to re.
retry 701. for some carting he had performed, for the Board
of Works. He returned very shortly with an open purse In his
hand, into which he was pushing some soft paper, which the wit-
ness conceived to be Bank-notes, and exclaimed, "Ah ! that's the
shop to work for; sure money nothing like money; Lend
me 31. 10s., as I have that sum to give buck in change ; and bold
tide purse and money until I return, as my pockets arc bad,
but take care of it." The witness gave him the M. Ills. ; and
putting the purse into his waiateont pocket, kept his hand upon it
to keep it safe; but the prisoner not returning, he opened it, and
found only a bit of brown tea-paper. lie then returned home,
quite vexed at being so easily done.
There were five other charges agalrist the prisoner, but as they
. acre not of a felonious nature, the Magistrates committed him for
trial en the lour cases of Messrs. Passmore, Smith, Mahony, and
Mayeock, which, in their opinion, amounted to clear felonies.