The Sun.
London, England, 1839-09-28 00:00:00

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CHA M BEES' BANKRUPTCY.

A meeting of the creditors of the Messrs. Chambers,
took place yesterday in the Concert Rcom of the Queen's
Theatre, which was very numerously attended.
At a few minutes past twelve o'clock, the Rev.
Mr. DEW-cOSIBE was called to the Chair. The Rev.
Chairman said that although the situation was rather
foreign to his profession, he would not hesitate to accept
it, and he trusted the meeting would adhere simply to
business, and avoid all causes of irritation.—(Hear.)
Miss Chambers, the daughter of the bankrupt, was
present, and addressed some observations to the Chair-
man, which we did not distinctly hear. She appeared to
be deeply affected, and we understood her to say that her
father had been now twelve years in prison, ditring
which time a sum of 230,0001. had been received for
his estate, which would have paid nearly all his debts,
and if the management of his affairs had been left in
his own hands he would have long since paid every
shilling. All she wished was to have the certificate
she held in her hand signed.
Mr. DIXON said before they proceeded to business
be was anxious to ask one question. He understood
that the reason why no resolution bad been come to at
the last meeting at Messrs. Wright's bank was, because
the meeting was illegal—(Hear, hear)—that it bad
not been duly advertised, and therefore was not binding
on the creditors. He would now take the libtrty of
inquiring whether the necessary precautions had been
taken on the present occasion for the purpose of render-
ing the meeting legal, and giving effect to a hstever re.
solution they should come to.—(Hear, hear.)
Mr. MAYHEW, the solicitor to the assignees, said
that for the purpose of receiving the opinion of the
creditors a meeting at any time would be legal,
but if he were asked if the present was a 141 meeting
to bind absent creditors, be would positively answer,
no ; because it was not one of the meetings within the
statute. The statute recognised only four meetings '
for legitimate purposes, and the present was not oat
of them. To advertise the present meeting in the Gala
zette would be only a waste of money ; it had been ad:
vertised in the daily and evening papers, and ceersAl
means adopted to give it notoriety, but nothing coditi
make it legal to bind absent creditors. It any steps
could have been taken to make the meeting legal he
had not done his duty, and be should be happy to aeeteive'
the advice of any gentleman on that point.
Mr. DIXON was very cautious in offering an opinion
before such high legal authority, but he contended that
it might have been made a legal meeting within the
terms of the Act of Parliament, and he would refer
them to the 88th section of the 6th Geo. IV., in con-
firmation of that opinion. He would call to the recol-
lection of the meeting that the object of the last meet-
in..' was either to come to some arrangement with regard
to Mr. Wilton's claim, or to sell the Opera House, or
to come to some arrangement with respect to the dispo-
sition of the bankrupt's property, and it would now be
seen whether anything could be done to remove these
difficulties. Mr. Dixon then read the section to which
he referred, and observed that one of the subjects
under discussion at the last meeting was whether
they should not file a suit in Chancery to get •
rid of the claim of Mr. Wilton ; and if it was
considered necessary to do so that day, they had not the
power of earring it into effect, merely because the adver-
tisement had not been inserted in the Gazette. What-
ever difficulties were in the way of the arrangement
of the affairs of the bankruptcy, might have been re-
moved if the proper steps had been taken. According
to Mr. Mayhew's statement, all they could do now
was to offer their opinions, but he apprehended that
the very converse of the proposition was what was in-
tended by the creditors, and that they meant to give
the assignees power to do what the last meeting
could not do.—(Hear, and cheers.)
A Creditor (Mr. LEIGH, as we understood) observed
that he had been present at the last meeting at Mr
Wright's, and the general feeling then was that the
meeting of the present day was tobe a legal one byadvertis-
ing it in the Gazette. It was alleged by the official assignee
that the only reason why they had not met in Basinghall-
street, was, that there was not sufficient accommoda-
tion there for the creditors. Such was the way in whith
the creditors were treated by the official assignee and by
Mr. Mayhew, who had received in law expenses, accord-
ing to the statement in his hand, upwards of 30,0001.
(Hisses, anrcries of " Shame.) And now, forsooth,
they were told that the advertisement was not inserted
in the Gazette in order to save expense. Why the
assignees had brought there Sir Frederick Pollock, who,..
he had no doubt would be right well paid, as he ought
to be, and he would be glad to know at whose expense ?
—( Hear, hear.)
Sir FREDERICK POLLOCK said, as his name had been
alluded to he would state why he attended there. It was
considered that there were many points on which infor-
mation was desirable, and that it would be well if the
assignees bad the means of immediately giving an answer
to the creditors. The assignees had, therefore, requested
him (Sir F. Pollock) to attend on their behalf, and aid
them so far as his legal advice could. He should be
very happy to do so, and to offer his opinion touching the
unprecedented course of litigation, which had delayed the
settlement of the affairs of the Messrs. Chambers for PO
many years, and he was not surprised at the complonts
that had been made. He had no intention of saying a
syllable unless upon points which were purely legal, nor
would he have obtfuded himself unless he had been per-
sonally alluded to. He did not think any advantage
would result from advertising the meeting in the Gazelle,
and with respect to the disposal of any part of the estate I
no meeting could give to the assignees greater authority
than they at present possessed, and no meeting could give
them any right as against absent creditors. With respect
to Mr. Wilton's claim, in his judgment any arrangement 1
that could be come to would be ill advised, for according 1
to the best judgment he could exercise whenever the time 1
came for investigating it, it would turn out to be of ea 1
value whatever.—( Hear, hear.) Therefore, for the •
assignees to put into any public advertisement that they
intended to discuss Mr. Wilton's claim, would be most
indiscreet, because it would create obstacles and false !
the claim which, in his crijnion, if discussed at a
proper time, would be foCnd to be of no value.
Any person vfho set up such a claim as Mr. Wilton's
could not fail to create great difficulty and considerable
expense. His opinion was that the claim of Mr. Wilton
had no foundation, and therefore he should advise the 1
assignees to take no notice of such claim. If the present
meeting had been advertised in the Gazelle it could I
have bound absent creditors only in the specific cases 1

mentioned in the Act. There were other claims against
the estate as well as Mr. Wilton's, and the assignees, in his
opinion, would do very wrong to bring them forward at a
public meeting. If his advice had been asked he should
have said there could have been no harm in advertising the
meeting, because it would give publicity to it ; but it
would give it no character for legality. Again he would
state that he attended the meeting only for the purpose
of giving advice to the assignees and explanation to the
creditors, if they required it.
Mr. MAYHEW would declare again that if he had
known any mode by which he could have rendered the
meeting legal, he should have adopted it. When Mr.
Dixon stated that he was directed to advertise the
meeting so as to render it legal, he must be allowed to
say he had no recollection of any such direction at all.
A CREDITOR—It ought to have been advertised in
the Gazelle.
Mr. MAYHEW observed that the Chairman wan at
the last meeting, and he would appeal to him whether
at that meeting there was any thing said about filing
bill or referring to arbitration. The sole objt ct of thate
meeting was, whether or not the Opera House should is
put up to public auction. The meeting was called for
that r urpose, and that alone.
Mr. HAMILTON thought the course that had been
pursued at the meeting that day was a complete waste
of time. If anything was to be done by the meeting,
'whether it was a legal one or not, the sooner it was
done the better. If the assignees had any proposition
to make, the better course would be for them to make
it. He had himself a proposition to bring forward, but
be should wait till the assignees had brought forward
theirs, if they had one to adduce. The assignees had
called the present meeting, and it was their duty to
proceed to buslness.

_
Mr. MAYHEW was surprised at the observations of
Mr. Hamilton that the assignees had called the present
meeting. The meeting had been called at the request
of the creditors, and in consequence of the resolution
that had been come to at the last meeting. The as.
signees had nothing to state ; all they wanted was the
direction of the body of creditors, and if any creditor
wished to put any question to them, they would gladly
the meeting, when ho stated
answer it.
Mr. LEsr.ra wished to call the attention of Mr. May_
hew
circular Lot.
hew to the circular calling
assigneeslAy i_l2,th nothinga
t e
but a copy
thal‘tirt.ille‘
of the resolution.
The circular having been read,