The Sun.
London, England, 1836-12-09 00:00:00

MARSH V. GEE.

This was a suit respecting two testamentary papers left
by Mr. Thomas May, who died in December, 1835, at
Barnstaple. One of them bore the date 15th June, 1835,
and left Mr. Richard Gee, one of the parties in this suit,
sole executor and residuary legatee. The other, dated the
16th of December, a few days previous to his death, ap-
pointed Mr. Marsh, the promoter of this suit, sole execu-
tor and one, with Mr. Gee and others, of his residuary
legatees. An allegation exceptive to the testimony of Mr.
Robert Jones, a principal witness for Marsh, has been ad-
mitted. The case now came on for hearing.
The Learned JUDGE decreed in favour of the will bear-
ing date December, 1835, and that the costs should be
paid out of the estate.

COURT OF BANKRUPTCY.—Dxe. 8.
A. ANDERSON'S BANKRUPTCY.
A meetinc, of the creditors under the commission issued
against this bankrupt was held to-day, further to consider
some points connected with the estate, the party having
been engaged, previously to 'the date of the bankruptcy in
1812, as a banker and merchant, and to adopt steps to de-
clare a dividend out of funds recently arising from money
obtained as a compensation for book debts confiscated in
1807 by the Danish Government.
Mr. RUSSELL attended as Counsel for Mr. Bain, to sup-
port his right to a sum amounting to about 94/., paid to
him by the official assignee, for having assisted in procuring
payment of a claim for about 2,0001., on behalf of the es-
tate, upon the Danish Compensation Commissioners. The
Learned Gentleman said statements.had been made at the
last meeting, and behind the back of his client, which had
been made public, and which, if uncontradicted, would tend
to do Mr. Bain injury, it having been stated that he had re-
ceived a greater amount for his services than was necessary.
Mr. Bain had established an agency in Copenhagen, to ob-
tain full information relative to the claims of British subjects
upon the Danish Government for the confiscation of book
debts, and had given the first information to the official assig-
nee that the estate of Mt. Anderson had a claim. Mr. Bain
had undertaken the recovery of this debt, and had succeeded.
It had been argued that if any party were entitled to com-
pensation it was Mr. Shillito ; but that gentlemen had not
done anything for the separate estate. Mr. Bain was a
Parliamentary agent, and, having been frequently engaged
in such transactions as the present, was enabled speedily
to obtain the payment of the claims made on behalf of the
estate, out of the fund for the compensation of British sub-
jects for the confiscation of the Danish Government. Mr.
Bain had agreed to undertake the duty for 5 per cent. on
the sum recovered ; he had succeeded, but still he had
been improperly held up to the world in that Court as hay-
ing received money improperly. He (Mr. Russell) trusted
that the Commissioners, would think the amount paid to
Mr. Bain by the official assignee was proper, and that the
unfounded statements made against that gentlemen would
be refuted.
Mr. MURRAY, the solicitor to the assignee, had not said
one word, tending to impute any improper motive on the
part of Mr. Bain. He "objected to the payment made by
the official assignee, on the ground that it was unnecessary
to employ an agent to obtain the money. The assignees
were aware that the bankrupt had a claim, as an entry ap-
peared on the ledger to such an effect.
The COMMISSIONER said that he had made inquiries as
to the course adopted in similar cases, and he felt satisfied
that it had been necessary to employ an agent. The only
question was as to the amount which ought to be paid for
such assistance.
Mr. Bain was examined, and after stating the steps he
had taken to obtain information relative to the claims of
British subjects, he said he had been employed in other
cases where the claimants had become bankrupts, and had
received from ten to fifteen per cent. on the amount reco-
vered, but had received less than five per cent. The list of
British claims obtained by his agent in Copenhagen was
had prior to that procured by the British Ambassador, and
sent to this country.
The Commissioner said there was a very general impres-
sion that an agent should have at least five per cent. for his
services ; but if the question arose on a prospective case he
should consider that too much. As the payment had been
made, he did not see any reason to disturb it.
A question arose at the last meeting as to whether, un-
der the Bankruptcy Law, the official assignee was liable to
the penalty of 20 per cent. upon monies received on ac-
count of the bankrupt's estate, and not immediately paid
into the Bank of England. A point also stood over for
consideration, whether unclaimed dividends so held came
under the same rule.
The Commissioners held that if the penalty was pressed
he was compelled to enforce it ; though he was of opinion
that the clause arose in consequence of an oversight.
Mr. MURRAY submitted that 20 per cent. ought to be
charged upon the amount.
The COMMISSIONER held that this was not the intention
of the Legislature, and as the clause was highly penal he
should give the benefit of the doubt to the official assignee.
The official assignee explained that the error arose in his
having been called upon to make out the returns by the
Court which prevented the possibility of balancing his ac-
counts so promptly as usual.
The COMMISSIONER felt assured that the circumstance
arose from inadvertence ; but as it had been called to his
knowledge he was compelled to enforce the penalty.
A dividend was then ordered to be declared ;
but the
amount was not stated, the eigtmlations not being
completed.