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

Mr. LESLlE—Freehold and copyhold property at
Slough ?
Mr. MAYHEW—That was sold and accounted for.
Mr. LESLIE—Four-tenths of freehold property
at -- ?
Mr. MAYHEW—Mr. Chambers, after the issuing of
the Commission, and acting under advice, wished to
set it aside ; he gave the mother of Mr. Wilton,
a bond for 5,0001. as security for the conveyance to her
of all the Kent property. They claimed under that bond.
A recceiver was appointed, who accounted to Mr.
Wilton.
Mr. LESLIE—Four-fifths of 30 acres at Finchley ?
Mr. MAYHEW—That is now in the hands of the
assignees.
Mr. LESLIE—Brick-fields and bricks ?
Mr. NI AYHEW—They were all sold and accounted for.
Mr. LESLIE—A steam-engine at Mr. White's ?
Mr. MAYHEW—T►,at was useless, and was aban-
doned. Several notes of hand had been settled.—(A
part of the meeting here became very impatient ; seve
ral others said the questions were very proper ones, and
ought to be allowed to go on.)
Mr. LESLIE—Then the 5,0001. which appears against
your name is gone ? The next is a legacy of Mr. Elwes ?
Mr. MAYHEw—Mr. Chambers' estate owed Mr.
Elwes' estate 13,0001., so that the legacy was not
obtained.
Mr. LESLIE—Are there any other assets ?
Mr. MAYHEW—There was a balance of near
30,000/., which would be returned out of the Court of
Chancery. For the sake of himself and his family he
would, within one week, give up the property he held,
with all its improvements, on his receiving his mortgage
money with simple interest. He would take that oppor-
tunity of stating that, according to the sworn accounts
of Mr. Wilkinson, Mr. Chambers' estate was in-
solvent at the time of the stoppage—the debits
being then 267,055/., and the credits 191,866/.
Now Mr. Wilkinson, at the same examination, wished
to show how that deficiency of 75,1891. was made out.
Mr. Chambers at that time alleged there was a surplus
on his estate of 13,611/ , and Mr. Wilkinson said, in-
stead of that being true, there was a deficiency of
75,1891. He made that out in this way. He deducted
from Mr. Chambers' valuation of property 65,250/.—
written or bad debts, which Mr. Chambers took as
available assets 2.3,551/.—that made 88,801/. ; and
then deducting the assumed surplus of Mr. Chambers,
13,611/., made the deficiency of the estate 75,1891.
Now, in order that they might not think they were
being misled by him, he would give them the deficiency
in detail as made out.

Mr. HAMILTON then rose to order. Since they had
met, Mr. Mayhew had thought it was objectionable to
state the price fixed on the Chettle estate, and now he
was going to state the valuation of all the estates.
Mr. MAYHEW was in the hands of the creditors ;
they sought information, and he was instructed by the
assignees to give every information in their power. But
now he was prevented giving that information, for rea-
sons known only to the parties who interfered.
Mr. HAMILTON had risen to order, and he would
not be put down or brow beaten by any person.
Mr. MAYHEW—lndeed!
Mr. HAMILTON—I am not in the habit of pursuing
such a course of conduct.
Mr. LESLIE said that the great point he wished to
ascertain was what prospect there was of the creditors
obtaining something like a dividend—( Hear, hear)—
and he thought the most useful course to pursue was
to obtain from the gentlemen who had the management
of the estate all the available assets.

Mr. NIAYHEW would be too happy to give every infor-
mation, but if he was stopped in doing so, let it
not be said at a future period, " Mr. Mayhew said so
and so was over valued, but did not give the informa-
tion." The assignees had been loaded with obloquy,
and it had been said they had received 200,0001., but
there had been no dividend. The lamentable situation
they had been left in was owing to the laws of their
country. The money had been spent in protecting the
estate, Hot in seeking anything by way of aggrandise-
ment to the estate.

A CREDITOR—What is your cash balance ?
Mr. Gcoom —When Mr. Leslie has done I will give
you the information.
Mr. NIATHEW said the future expense would not be
anything like a tithe of what it had been.

Mr. LESLIE said the best course would be to ascer-
tain the quickest way in which they could relieve the
assignees from their responsibility, and get the dividends
into their own hands. The first duty of assignees was
to bring the estate of the bankrupt to sale, to be
divided among the creditors. The Ist and 2d William
IV., chap. 56, stated that the assignees might sell the
estates by private contract, but they must have the
sanction of the Court of Review for doing so. He
found it stated in Montagu and Ayrton's work on the
Practice of Bankruptcy, that it was the duty of
assignees, at their peril, to sell all the
bankrupt's property as soon as it could be
done with advantage, although only one creditor de-
manded the sale, unless by an order of the Court they
were permitted to stay the sale. He begged to ask
whether the assignees could sell by private contract ?
Sir F. POLLOCK had no doubt the assignees were to
exercise a discretion, and if they exercised an unsound
one they would have to take the consequence. A
sale by public auction was the most safe for the as-
signees, whether it was always the best for the creditor
was another thing. . .

Mr. LESLIE believed they might sell by private
contract, but in order to prevent collision they must
have the consent of the Superior Court. He and
those near him, who represented the parish of St.
George, Hanover, to the amount of 11,0001., wished to
ascertain how they could get hold of the money. He
hoped they would not separate without agreeing a
business-like proposition, and terminate this lament-
able affair, for he must say, all this had arisen from
a defect of the law—this case was a perfect disgrace to
the country.—(Hear, hear.)
Mr. RICHARDSON said it was very easy for gentle-
men to find fault, and although Mr. Hamilton has said
there was great neglect of duty with regard to the
Cnettle and other estates, yet, if all the circumstances
were known, it would be found that the assignees had
done every thing that could be done. It was difficult
for any party to make farms productive when there
were four or five executions pending which swept away
any stock or property that might be sent to them. Mr.
Richardson then entered into a detail of the losses sus-
tained on the property at Chettle, in consequence of the
neglect of servants, bailiffs, and its distance from his resi-
dence. As to selling the property, people would not buy
equity suits. With respect to.the 200,000/. received out
of the estate, it had never touched either his hands or
those of his colleague. If it was the wish of the credi-
tors, the assignees would at once put up the Opera
House to auction, and sell it for whatever it would
fetch,—(Cries of " Question.")
A CREDITOR said he quite agreed with the proposi-
tion for infusing new blood into the management of the
estate ; but unless they backed that proposition by an
application to the Court of Review to investigate the
affairs of the estate, it would be useless. If there was
a petition from the great body of the creditors to the
Court of Review, the estate would soon be freed from
its trammels, and they would find willing purchasers.—
( Hear, hear.)
Mr. DOANE understood the great difficulty in the
way of a sale was, the judgment debts on the estate to
the amount of 28,000/. Now he wished to know
whether the assignees had any proposition to make to
the creditors, by mewls of which they could get rid of
these difficulties.—(Hear, hear) What legal opinion
had they received on that point ?
Mr. MavliEw said, while the judgment stood, they
were told they could not sell. Mr. Wilton claimed a
sum of 16,000/,, while Mr. Chambers returned him as
a creditor to the amount of 8,000/. if Mr. Wilton's
accounts were taken, it would give the assignees an op-
portunity of ascertaining how his claim, whatever it was,
was to be paid, and when that claim was set at rest
they would be able to effect a sale.
Mr. DOANE wished to know whether the judgments
were the real difficulties in the way of the assignees

Mr. MAYHEW—Yes.
Mr. DOANE—Then would it not be better that some
means should be adopted of arranging them ?
Mr. MAynEw—That is what the assignees wish.
Mr. DOANE—Then, as to the want of title in the
Opera House, has it ever been made an objection by
any party ?
Mr. MAYHEW—No ; because we have not gone so
far. The first object of the assignees was to sell the
Opera House as soon as possible in order to obtain
funds.

Mr. DIXON believed the motion to be whether or not
three new assignees should be appointed. As to the
difficulty the judgments had. thrown in the way of the
assignees, he wished to put a question to Sir F. Pollock,
and that was whether a judgment entered up
after a commission of bankruptcy was an objection which
any purchaser could sustain if a bill was filed against him
to complete the purchase ?
The CHAIRMAN—A purchaser might not sustain it
but it prevented biddings•
Sir F. POLLOCK said that Mr. Wilton had a judgment,
and although it was entered up after the commission, Mr.
Wilton asserting that that commission was bad, and it
not being proved to the contrary, his judgment was avail-
able. If the commission was good, then a judgment
entered up after the bankruptcy could not be set up by
a purchaser.

Mr. DIXON said that the assignees had taken the opi-
nion of two eminent lawyers as to the title to the Opera
[louse, and they had stated that the title, although de-
fective, was not such as ought to deter a purchaser from
bidding. He (Mr. Dixon) would be able to show that
a❑ offer had been made for the Opera House, and one,
too, that ought to have been attended to.
Mr. MAYHEW trusted Mr. Dixon would read the
letter connected with that transaction. The letters
were then read. The offer was 100,000!.-5,000/. to
be paid down, and the remainder in instalments. The
reply of the assignees declined to make any assignment
of the theatre without a payment in full. Here again
the assignees had acted with their usual over-caution.
Then, with respect to the Chettle estate, Captain
Mattison offered a rent of 1,1001. 4-year for it, but now

they were told it was a loss to them of 1,5001.1
Even in 1837, two years after the agreement entered
into with Mr. Chambers, the Lord Chancellor strongly
blamed the conduct of the assignees. Would Mr.
Mayhew consent or advise his clients to consent to an
order in the Court of Review to take the accounts
in the Bankruptcy before the proper Officer of the
Court, so that litigation might be put an end to.
Mr. MATNEw—If the assignees were to attempt to
resist such a thing they Would be acting extremely im-
proper. It was their bounden duty to consent to it, and
he believed they had already done so.
Mr. DUNCAN wished to say a few words, although he
did not intend either to support or resist the motion
that had been made. He appeared as a creditor, and
was acting for the creditors of Mr. Wilton in respect
of this estate. There was a large sum of costs due to
Mr. Wilton, which indubitably was a debt against Mr.
Chambers. Mr. Wilton held judgments for the whole of
those costs, and for the amount of a bond and interest. It
was those judgments that were preventing sales taking
place, and which were inflicting so much injury on the cre-
ditors. Independently of that, the litigation that had been
carried on for four years had cost a great deal more
than would have settled Mr. Wilton's claim over.and
over again. It had been admitted in consequence
of the compromise that had been come to, that the
costs of Mr. Chambers ought to be paid to some ex-
tent, and the question was merely one of amount. Mr.
Wilton had a judgment for the costs, and a judgment
for a bond and interest to a large amount, and was able
in his ( Mr. D.'s) opinion, to give the utmost annoyance
and trouble to the estate possible, but he did not wish to
do so, he only wanted justice. He asserted there was an
undoubted debt due to Mr. Wilton, in a shape which
the creditors had recognised. Let them, therefore,
name a mininum, he would name a maximum ; and let
any third party be appointed to name a medium, and
say what sum ought to be received, and in that way
this troublesome business might be settled.
A GENTLEMAN, who appeared. with Mr. Les-
lie, for the Vestry of St. George, Hanover-square,
said he bad not heard a single sentence in sup-
port of, or against, the motion of Mr. Hamilton.
That proposition was to appoint three other gentlemen
to assist the assignees. Were they to go into intermi-
nable litigation ? He hoped not ; but that they would
now all endeavour to make the best of a bad job. It
was not quite clear, however, that in introducing three
other gentlemen they would be promoting the settle-
ment of the bankrupt's affairs—they might rather be
protracting their settlement to an indefinite period.
What he wished to know was, whether the present as-
signees would consent to the proposition, because it was
important that whatever they did should be done in
harmony. If the present assignees opposed the intro-
duction of three other gentlemen, they would be con-
testing it with the money of the creditors. He would,
therefore, ask them whether they would give their as-
sent, in the event of the resolution being carried. He
trusted the meeting would not proceed in a vindictive
spirit towards gentlemen, who had been placed in very
peculiar circumstances.—(Hear, hear.) He had a great
respect for Mr. Hamilton, who had proposed the reso-
lution, but he was a solicitor.—(A laugh.) Without
meaning any imputation on the profession, he must say he
looked with jealousy on every proposition coming from
a gentleman of the law.—(Laughter.) It might be,
although he certainly did not mean to impute any such
intention to Mr. Hamilton, that the Opera House was
to be purchased, and that in such case it would be ad-
visable to have a friend or two among the assignees.—
(Hear, and a laugh.) He hoped, however, they would
receive some satisfactory answer.
Sir F. POLLOCK said he had no objection to answer
the question on behalf of the assignees. He would ad-
vise the assignees to give every information in their
power to the creditors, and to give every explanation as
to their conduct ; and if the meeting thought proper to
delegate any gentleman to enter upon the accounts, he
would advise them to give every information in their
power. If the majority of the creditors entitled to
choose assignees were dissatisfied with the conduct of
the two gentlemen et present in that position, he would
ads ise them to retire, and allow others to be ap-
pointed. The proposition to add three other as-
signees was, however, altogether new—new with re-
spect to the business of the day—and the assig-
nees certainly had not anticipated it. He thought
before they answered that question, that some further
time should be allowed theta. His advice was, it the
creditors were dissatisfied with them, although they had
a right to remain till convicted of delinquency, to retire
immediately and consent to the appointment of fresh
assignees. To the present proposition he would advise
the assignees not to consent. To dispose of the pro-
perty required the consent of all, and if two pulled one
way, and three another, nothing but a suit in equity
could decide the matter. That would therefore only
bring on a new source of litigation, and would not an-
swer the object of the creditors.

The GENTLEMAN who represented the Vestry of
St. George's, Hanover-square, said it appeared, there-
fore, that they must abandon the resolution. With
respect to calling upon the assignees to resign, it would
be a painful situation to place these gentlemen in, and
one which he did not think the meeting would sanction.
Mr. HAMILTON replied, he was surprised at the ob-
jections which had been made on the part of the two
remaining assignees to have coadjutors appointed to
act with them. He believed upon the death of one
assignee, the commissioners, as a matter of course, upon
application being made to them, would appoint a new
assignee. In the present bankruptcy, there were ori-
ginally five gentlemen appointed as assignees ; of that
number three were dead, and was it not therefore sur-
prising, that the remaining two assignees should
now kick at the proposition to restore the number
of assignees to which it originally was ?—(Hear.)
The threat the assignees had held out of resigning if
their number was increased was not so easy of execution
as had been imagined, because they must first obtain
the order of the Court of Review for that purpose.
The resolution for adding three new assignees to the
present number was then put, and declared to be car-
ried by a majority of two to one.
_ _

On. the Motion of Mr. Leslie the meeting then ad-
journed.

THE REVIVALS.

If fainting, sobbing, and groaning are proofs of a sa-
vage change, the Ranters, and Jumpers in America,
and the Methodists in this country, must, contrary to all
experience, be set down as a much more godly and vir-
tuous set of people than the quiet and sober Episcopa-
lians, Presbyterians, Quakers, and Evangelical Dissen-
ters. All exhibitions of extraordinary excitement arc
directly opposed to the spirit of the Gospel. Christ
strictly prohibited his disciples from indulging in the
outward appearances of religious emotion. When they
fasted they were not to appear to men to fast, and they
were taught that " the kingdom of God cometh not with
observation. Neither shall they say, 10, here !
or 10, there ! for, behold, the kingdom of God is within
you." We have ourselves occasionally gone to the
meetings at St. Peter's, in consequence of the notoriety
which they have attained ; but, apart from what ap-
pears to us a very dull and gloomy tone of preaching,
and the mischievously late hours to which the sittings
are prolonged, we had not the good fortune to witness
anything calculated to awaken attention. It is too well
known, however, that melancholy consequences have
been produced, both within and without that place of
worship. We have not heard of any male person
who has been a sufferer, and at this we are by
no means surprised ; but, unless report errs, it
has fared differently with some females—persons
probably of weak nerves or infirm understand-
ing and over-excitable temperament—and whom, in
our humble opinion, it would be far better to address
in the words of comfort and consolation, than to horrify
and harrow up by presenting to their imaginations the
most dismal pictures. We have no wish to dwell upon
this subject, and we hope we shall not have occasion to
return to it ; but the present movement has be-
come a matter of public interest, and there-
fore, as public journalists, we have thought it our duty
to advert to it. We have spoken freely our conscien-
tious opinions about it, in this and a former article, and
we are glad to know that they are borne out by the
common sense of the community. Some of our Es-
tablished ministers have noticed the revival from the
pulpit ; and although their sentiments have been de-
livered in guarded language, and in very considerate
and gentle terms, as suited the speakers and the sub-
ject, they sufficiently indicated that the present on-
goings have not the countenance of the Presbytery.
We hope that these expressions of opinion, will have
their due effect. For our part we are unwilling to
comment with severity upon anything relating to re-
ligious matters ; but where we see a delusion gaining
ground before our eyes, which is manifestly as pernicious
as it is absurd,—and when we see it producing such
consequences as we have hinted at, we feel bound to
employ the power of reason to put it down.—Aberdeen
Herald.

Flsir S h
uc are the facilities afforded by the
railroads for the conveyance of fish from the coast to the
interior of the country, that it is estimated that 20 tons of
this article of food is brought into Leeds daily, part of
which is sold here and in the neighbouring towns. to the
west, and part sent to Manchester and over to Burning-
ham.—Leeds Mercury.
AN AWKWARD MISTAKE.--A gentleman,
whose temper had been irritated by some occurrence that
had taken place in his family, locked himself up in his
dining-room. After waiting several hours, the. family be-
came alarmed, and bursting open the door, discovered the
unfortunate gentleman lying on the floor insensible. A
physician was sent for, who immediately directed the pa.
tient's head to be shaved, and applied a large blister. Mus-
tard sinapisms were placed to his feet, and he was bled.
The young doctor prognosticating a favourable issue, took
his leave, promising to see his patient early in the morn.
ing. On his arrival, to his infinite surprise, he found his
patient in full health, but bitterly complaining of blisters,
bleedings, and sinapisms. The secret was n
now explained.
The poor gentleman had sought for consolation in the wine
bottle, and had, unthinkingly, drank such a quantity as to
throw him into this pseudo-apoplexy.—Physic and Physi.
czans.