The Sun.
London, England, 1823-12-23 00:00:00

VICE-CHANCELLOR'S COURT, DEC. 22.

GREENWICH HOSPITAL. ANT) CHELSEA crini,ratt.
IN TUE MATTER. OF ABBOT, A BANKRUPT.
Mr. SUGHEN stated that there were two petitions filed in
ilia cause—one on the. part of Sir C. Long, the treasurer at'
:helsea Hospital ; and the other on the part of the treasurer
of Greenwich Hospital. For the present he would confine
himself to the petition of Sir Charles Long, the object of
which was to Obtain a decision at the Court that the . peti-
tioner or his deputy might be allowed to vote for the choice of
assignees under Abbot's commission at' bankruptcy. The peti-
tion stated, that by the 54th of the late King, it was enacted
that all property contained in ships, fortresses, &c., that might
be taken by Ins Majesty's naval and land forces conjointly,
should be divided amongst the individuals engaged in the cap.
tion according to the regulations decided upon by his Majesty
in Privy Council.: The same Act also declared, that the pro.
perty captured in the manner before mentioned should be trans.
nutted to an agent in England,, who was bound to proceed to
toile thereof within a month after its receipt ; and within a month
after the side he was bound to give public notification in the
Gazette, of the names of the persons entitled to share in the prize
money, and the amount which each person so entitled had to re.
ceive. The Act further provided, that the shares of indivi.
duals who might desert from his Majesty's service, as well as
those shares which were unclaimed within four months after the
notification of the sale had appeared in the Gazelle, should be
vested in the treasury ot' Greenwich Hospital, the former abso.
lutely for ever for the benefit of the institution, but the latter in
trust for the original claimants for 0 years, that is to Say, that if the
persons to whom the prize-inoney,was due establishal their claim
to it at the office of the Treasurer of Greenwich Hospital within
6 years after the sale of the property, it would be delivered to
them ; but if they did not, it Would then for ever belong to the
hospital. In 1909, the island of Saintes was taken by the
united forces under the command of Sir Alexander Cochrane
and Sir. Thomas Maitland. The property captured was tram
mitted to Henry Abbot, the agent, whit had been appointed
by the forces. Abbot never took any steps to effeet the dia.
tribution of the money, by issuing a notification of the sale,
until 1819, when a commission of bankruptcy was declared
against him, and assignees were appointed. A Gentleman
appointed by Sir Charles Long as hi, depitty, proved a debt
of 2,6984 tls. yid. against the bankrupt, being the value of the
prize-property received by him under the cireumstaoces before-
mentioned. In consequence of some disagreement occurring
between the assignees of the bankrupt, an •applieation was
made to the Court of , Chancery for their removal, which was
granted. When Sir Charles Long's deputy attempted to vote
at the election of the new assignees, the Commission at first
demurred, to his right to do so, and finally decided against it.
—The creditors of the bankrupt had petitioned the Court that
the proolof the debt established by Sir C. Long might be alto.
Esther discharged, on the ground that he had no interest what-
ever in the property. The present application on the part of
Sir C. Long was grounded on section 2.1 of the Act above-Men.
dotted, which provides that the Trotsorer of Chelsea Hospital
shall possess as ample power to enforce, the agent to exhibit his
accounts and make a distribution •of the prize-money, as any
of the persons to whom the prize.money might be due. Un-
der this section it appeared evident,, the Learned Counsel con.
waded, that the right of the tveasuree of the Hospital to vote
for the choice of assignees war clearly established; fur the effect
of the clause was to put the Treasurer in the same situation as
every individual entitled to a share of the prize-money ; and
surely every such person would have 8, right to prove his debt,
and to vote for assignees. The Learned Counsel was proceed.
ing with his arguinent when
The Vfcg-Cit A Net: on said, that he would wish to hear
the Counsel on the other side, because at present he did not see
how to apply his mind to the .case.
Mr. HEALD, who was instructed toenpose die petition, eoitend-
ed that it would be extremely dangerous to grant the treasurer of
the Inmpital the power of voting for the A,signees, because the
hospital had an interest opposed to the toilet creditors, and 'had
actually histituted an action, the object ofwhiA was to take away
a large portion of the Bankrupt's estate, which would otherwise
be divided equally amongst all the creditors. Besides' it was a ge.
neral role that a proof of debt could only be received tiy the prin.
eipal. It was true that there were some exceptions to that rule,
as in the case of lunacy or a person residing abroad, when the
agent was allowed to prove. Rut when the proof of debt couldbe
obtained from the principal, there was no precedent of I ts being ad-
mitted from the agent, and for livery satisfactory, reason—nato e ly,
that though an agent mightbc aware of the contraction ofa debt, it
wasnot probable that he could know to acertainty whetherany con-
sideration had been given for it.' It Might also to bo observed, that
in the case before the Court the Treasurer of Chelsea Hospital
proved a debt to the amount of the whole cf the prize-money
due to the forces under the command of Sir A. Cochrane and
Sir Thomas Maitland. Now there were 0,000 men entitled to
a share in that money, which amounted only to 2,0984 It was
probable, therefore, that there were many of the claims Which,
separately, did not amount to 101., mot which, taken, intilVidu.
ally, could not be proved under the commission. According
to the Act of Parliament, which had been cited by the Learned
Counsel on the other side, it was evident that the Hospital 1,6,
(Nitta no interest in the property until four months after the
notificatioit of sale, and diatribution had appeared in the Ga.
:teat. In the case before the Cottrt, no such notification had
taken place
The ViCE-CIiANCELLOrt observed, that it was necessary
to consider the object of the Act of Parliament which had been
referred to.. The laejslature, contemplating that many of
the persons entitled to prize-money might he prevented from
asserting their claims by death, to which they were liable
front the service in which they were employed, had judiciously,
intended to provide that the sums thus unclaimed, instead of
i remaining n the pockets of army or navy agents, should
accrue to Institutiona which were founded for the general bent:.
fit of both services. The Act provided that the agent ap-
pointed should possess himself of the subject of any capture
made by the troops by whom he was appointed ; and that
within a month after having so possessed I:inself of the pro.
perty, ice shoold proceed to a sale thereof. Within a month
after the sale he wax bound to notify in the Gralettei and
other public Papers, not only the names of' the individuals who
were entitled to Share in the produce of the sale, but also the
amount of ears individual's claim. If the sums to which
the persons named in the agent's notification were nut claimed
by the persons to whom they were due within four months after
the publication of .the notification, the were to be paid to the
treasurer of Chelsea Hospital, not for the immediate benefit of
that insitution, but that the persons' who were entitled to the
money, and who, from the nature of the services in which were
employed, in:ght IA absent from the country at the time of
the notification by the agent took place, and uninformed of
that circumstance for two or three years, might have the
security of that institution in their favotu'. If the trust
monies thus Vested in the Hospital were not claimed until
within six yeari, the Legislature, contemplating that the parties
to whom they were due must have died, decreed that they
should be applied to the benefit of tine Hospital. The first
thing that occurred to him upon looking at the_act was, that no
parsons to whom the agent had notified money to be due, were

~rh., ,

PRICE SEVENPENCZ,

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entitleitto claim the money after the expiration of four months
from tire thee of such notification. If that were the right construe-
fion of the Act, did not reason require- that throe,' persons in
whom the claitn upon the property wasthen vested, should ha, e
ellebe powers and rem( dies for the recovery of the property
which; beftee, the expiratitin of the four monche, were poseeseee by the persons who were originally entitled to it ? The
!attire -wouhl,-beve failed in its ebject, Wit had not given those
.rights.and remedies to the Treasurer of the 11 ospital, . It tvau
nece a ire that the words (tithe Aet in the timq extenrive set, e
which the nature of the eubject required, otherwise great in_
justice would he done male captors. fie would, however, elate
the diffi, rulty witich oveurred to his mind in eoneidering the
use. *-The act of Parliament enacted, that the claim to the
prize.quiney ehould not be %Fated in the Ilospital until four
months lifter the notification of the dietribution by the veer.
Hut if, as iii the present clue, no notificetion ever took plc-:,
were the captors to stiffer for that which they could not pre-
vent ? Ile doubted whether, as no netifitiation had taleen p,1847,,
the chain to the prizeeutoney were not still vested in the captors,
and if that were the cast:, how could the claim.of the petitioner
be sustained
111 r. IViteer, from the King's Bench, who had been spe-
tinily reteined in the cause, areneft et considcreble length
,etepPlitt, Ofthelt whielt iUs I ionour appeared to
,lays tejtee
or the qietifttote' that the osiers tie theeprize-money liras
still veered in the captors, and not in the lioepitel, ee_
no tiotificatioe of distribution bad been given by the agent.
'rhe Vrce-CiteweEreeoe, after halving perused die Act 4)1"
Parliament, said, that after due deliberation, he'was of opin hie
that the cage which he had lately assumed and pointed out eo
the attention of the bar could not he borne out by the feir
construction of the Act of the Legislature. lie had before ob-
terved,•thet it appeared reasonable to him that when the right
of claim cermed in the captors, those in whom it was veetel
should be .clothed with all the powers which would have been
possessed by the capon's, euppoeing the right of claim to have
remained with theme But the object of to Legislature might
have been much more ex teneive- The right of claim, as captors,
was vested in persons who, from the mature of the service which
they were called upon to perform, were not likely to be in the
kingdom at all times to enforce their dente/ids ; and the Le-
gislature might have had it in contemplation to clothe the tree-
surer of the Hospital at ell times with the Same powers which
were possessed by the raptors themselves. lit order to discover
the intention of the Legislature, it was necessary to examine
*irefully the 26th clause of the Act which had been referred to.
It' it should appear that it gave to the Tretteurer of the Iloepital
all the powers enjoyed by the captors at any time, it must be
inferred that it was the intention of tint Legisleture to constitute
that officer a general Trustee for the eapeire. The cleuse,
was
to the following effect :—" lie it enacted, that all the powers
and remedies Yoked by this Act, or by the existing laWs, in
any captor or captors, for compelling :In agent to exhibit hie ac.
counts, or to proceed to a distribution of the money in his pos-
session, shall be enjoyed by the treasurer of Chelsea
for the time being, as fatly and amply as by any captor or cap-
tors." In his opinion, that clause intended to vest the powers
therein described in the treasurer of the llesPital as well before
as after the expiration of the •1 months subset] een t to the notifica-
tion of (Monet don by theagent. The Court wan bound to give
such a construction. to the Act as would advance the interests of
the captors. lie was of' opinion, that it was the intention or the
Legislature to enable the 'treasurer of Chelsea lloepital at all
times, when the interests of the, captors required, to 111t0 for
them all the powers and remedies which they themselves were
capable of' using to enfoilv their claims ; lie was therefore
of opinion, that the treasurer was entitled to prove the debt of
the captors, and to vote iso the choice of assignees under the
commission Of bankruptcy isieted ageinst the defendant. lie
dismiesed the petition, which preyed filet the proof of the cep_
tors` debt, as established by the plaintiff; , might be removed
with costs.

EARL OF STAIR V. 3611411.A.V.
Mr. HART applied in this cue loran injunction to stay pro.
ceedings at law upon two bills for 1,0001. each. Thole bills
were draws} by the Earl of Stair, payable to Col. Morlion. A
bill had formerly been filed on this subject, and an injunction
obtained, which, however,. was subsequently dissolved, The
facts of the case are few,—The Earl or Stair was so tintbrtu-
nate as to etigagc. at play while in Paris with Sir Alexander
Dodd, Colonel Morgan, and u French Marquis. lie was un.
suceessful, and the trifling loss 03,000 guineas was the aise.
(ponce of his evening's recreation. lie paul six hundred pounds,
and gave his bills for the remainder. Ile paid the two
thousand pounds to Colonel Morgan, to meet the bills held by
the Marquis ; and lest tiny accident should occur as to the re-
payment, he gave the Colonel, by an unusual confidence, two
bills for the Sallie sum. The money thus transferred to cover
the amount of the bills had not been applied .to that purpose ;,
an action had been brought, and the amount recovered from the
Noble Earl. It appear,d that, the Money hail hem transferred
to the hands of the premig dersqlchillt, withwhom the Colonel
had certain money dealings. ohject of the Present appli.
cation was to stay proceedings upon die second hills, until the
nature of the transactions between Colonel Moron (since dead)
anti :donnas was fully explained. The motion rested ahoge-
thee upon the allegation that PP value had passed from Murray
to Colonel Morgan.
The VICEXIIANCELIAR Said that he could not grant the
injunction upon such loose allegations, If the Earl of Stair
thought that any relief could arse from administering to Co-
lonel Morgan, he had his remedy in that way ; but though the
Court always felt disposed to relieve suitor plaeed in- the
tuition in which the Earl of Stair stood—where money feet
been lost under such circumstances; yet they could not; with
the justice extolled by the poet, obtain " a great right bydoing
a little wrong," even in a oatrt or Equity.
The motion ref Used—and, on the motion of Mr. Agar„ re-
fused, with costs.

COURT OF KING'S BENCH, D. 22.
EvAxs ASUTPX.
Thil was an fiction by the ownera of the ship Sea ArOnph,
against one of the underwriters to the policy effected nn that
vessel, to recover a loss. of 75 per: cent, on the amours or hie
subscription. The other underwriters hod paid their quotas
without objection, but the dofercizint insisted that he ought may
to pay Itl per cent. as an average lots for the destruction of the
cable and anchor. He therefore -resisted the ,action and paid
that sum into Court.

On the part of the plaintiff, Mr. Jacobs, a Lieutenant in his
Majesty's navy, who was supercargo on board thii vessel, was
called. Ile stated that eite received so much damage by stress
of weather, off Prince's Island, on the coast of A face, that she
could not proceed on her voyage to England without enbtooms
tial repair. In his judgment there were not the means at
at Prince's Island of repairing the Veseel, even sufficiently to
enable the Captain to take Iter in safety to Sierra Leone where,
poseibly, new notsts and sails might have been supplied. The
bid!) and stores were. aceordingly sold, and the owuers claitee;d,
atel, except in this instance, received as for total lose, deducting,
2.5 per cent. salvage.
On the part of the defendant, the examination.of Mr. Laing;
who surveyed the vetsel, wait read, stating hie decided opinion
that the slop might have been eefely carried to Sierrit leeme,
and there put into good repair for the homeward voyage, ('apt.
A rideesen. was also called, win) said lie saw the ship after the
injury in the Canuitoon river, 2.00 miles from Prince's
with new toasts of green wood, and a cargo of sieves.
The Loun Li lEts Jvlrrier, directed the Jury, it' thev
thought the vessel could have been repaired at Prince's
or taken to Sierra Leone, with a reasonable prospetit of laileg
repaired there, to find for the defendant ; they thought others
wise, for the plaintiff.
The Jury found a verdict for the defendant.
OALE V. I.ALTICLE AND OTIMIS.
Mr Casimir:ex. opened tltel)leadlogs. This watt a writ Or
prohibition, to try the jurisdiction of the Admiralty Court, as
to the extent of liability of the owners of the Domke, to make
food the damege done to thePeinessr Charlotte Iler wick smack,
In being rim down by the Militia, upon a decision of Lord
litowell, under the construction of an Act of Parliament, which
says the owners shall not lie liable to pay more than the, value
of the said ship or vesstl end appurtemmees, causing such lost
or damage.
The LORD CHIEF' ionic r. observed, he thought this wag
rather a question of law for the opinion of' the Judges than for
a Jury to determine.
The SoILICITOII,6f:NERAt. said the pettiest were willing
first to take the opinion of a jury on the subject, anti proceeded
to state to the jury that the sole question was whether the-fish-
ing stores consisting of casks, harpoons, lines, ropes, arid
nous other things were inclutle.d in the tel oppurtenonCM
Evidence having been examined to these points,
The Jury returned a Verdict for the Plaintiff—Damages,
One Shilling, subject to a special verdict.
Ilia Lo >3 MnUT thought it probable this case would gu to the
House of Lord'.