The Sun.
London, England, 1841-10-04 00:00:00

zOw7tP

EVENING SUN.

ACCIDENT TO LORD SYDENHAM.

(From the Acadian Recorder.)

QUEBEC , SEPT. ' 7.—We are sorry to learn that b
Excellency, whilst riding near Kingston, on Saturday
last, met with a serious accident by the falling of his
horse. The extent of the injuries sustained by his L'ord-
ship has been much magnified by report. They are,
however, sufficiently severe to be prOduetive' of muc h
suffering and . inconvenience, and are, we believe, cor-
rectly reported in the following extract of a' letter w
have.this morning received from Kingston :
. " Saturday Evening, Ten o'Clock.
".When we were at dinne.J.; a servant came in with a
report that the G overnor-General's .horse had fallen with
him, broke his leg in two places, dragged him a consi-
derable distance, and bruised his head and side. I took
a cab and went out, and ascertained from Major Campbel
that his horse had fallen goitic; down 'hill near his ow n
residen;,, that there is a siuiple - fracture of the leg
above the :tuck, aild that there is a on •the thigh
where he fell, wiiicu is cut a little. It arfawkwar d
thing, and has happened at au awkward time. The thing
to apprehend is a .tit of the gout; but he is in such good
health that the medical men may venture to take liber-
ties and prevent it." ,

DAESTRY AND RYLE'S BANK-
RUPTCY.. •
An adjourned meeting of the creditors for further prof) f
of debts against the estate of Daintry and•ltyle, bault,rs
and against the separate estate of Mr. Hyle, was held
at the Wellington. Hotel, Peter-street, on Wednesday.
The Conunisseatera present were R. G. Duck, Esq. ,
barrister, and J. B. Brackenbury and J. Tax;or,Esqs., .
solicitors. Messrs. Atkinson and Saunders were solicitors
under the fiat, and Messrs. Pc et and Hobson, aecountants.
The debts proved amounted to 294,4631.
In additioa to this large sum, was the claim still re-
maining unproved of Messrs. Whitmore, Wells 4 and Co.
London, of 225,629/. 18s. 11d., and %On& it was now
sought to prove. Mr. Frederick 'Whitmore, one of the
late: -firm; and Mr. Belcher, the official assignee to the
estate of Whitmore and Co., were present, together
with Mr. ityle, one of the bankrupt& Mr. Heelis, of
the firm of Slater and Ileelis, solicitors, Princes-street,
appeared as legal adviser to Mr. Whitmore and Mr.
-Belcher.
The proofs having been gone through,
. Sir. lleclis said he appeared to support a proof which
he tendered -on behalf of the assignees of Messrs. Whit- •
more and Cu., bankers, London. The matter was under
discussion on a former occasion, and had been before the
Court of Review. He -nOw sought, under the order of
the Court of Review, to prove for the sura of 189,5011.
13s. 11d. The debt, in point of fact, was 225,829/. 18s.
11d. ; but there were various bills and, securities, amount-
ing to 36,3281.55., which had to ha deduCted, leaving
the balance the same as they now sought to proye. He
then tendered the affidavit of Messrs;Whitinore and
Co. in proof of the debt.
Mr. Atkinson thought the affidavit could not be taken
as an examination beilirc the Commi3ioners, and said.
it would be 'better to ask him the questions sepa-
rately. This was agreed to ; and Mr. Whitmore
having bead swore, a long examination was entered
into, whirl' lasted till nearly four o'clock, when the
Court adjourned. The examination was re-opened
again on Thursday, and lasted the whole day, when it
was adjourned to yesterday. The Court assembled yes-
terday, but not till after twelve o'clock, whoa the exami-
nation was again proceeded with and concluded. In the
course of this examination Mr. Whitmore, haying sworn
tbe,debt was owing, said that the accounts between the
two firms commeneed about 1821 of 1822. • The terms
upon which the business was transaated.commeneed with
a verbal Understanding thal there was to be a cash balance
in their (Whitmore and Co.) hands of 5,0001. in favour
of Daintry, Ryle, and Co. • There was no charge for
commission at the commencement. That began eight or
ten years ago. , There Tea then ,ati understanding come
to there should be a amiunit4on'ef is. charmed upon
every 10C1. of payments 'amid by them to Dahaky,
.Co. This was led to by the ineleaaa of the
amount. .Atkinson-State the balance due to you
on the 3l et of Aug., 1836 ? 12,2244. 12s. 11d.—Now refer
to the before-mentioned statement of interest charged up
to that day, 64/. Gs. ad., and state upon. what amount it is
calculated every day after the 6th of August, 1836,
during that month. I refer to -the statement marked
" D."—And you adopt it ? Certainly. —Does it riot
appear, from such statement, that there was due to von
for advances on the Gth and 7th August, 1836, 8,50.0/. ;
:Ind does it net also appear 11151 interest is calculated and
charged on 13,5001, being 5,0001 more than was owing
to you ? I do not know how the account was made up.—
The question is, does it not appear to be W) I find that it
is :w.—Does not such appear tube the case during every
day in that month ? Yes.—Was that the general prac-
tice up to the bankruptcy ? Yes.—Does not the state-
ment now produced, and marked " E." contain the
charge of 8101. 93. sd for interest for the month of April
dint ? Yes.—ls not interest invariably calculated from
day to day upon 5,000/. more than the daily balance
actually owing toyOu ? Yes, it is.—What gave rise to
-this mode of charging interest on 5,000/. inure than was
dire to you ? The usual understanding on a banking
account when an agreement is made.

lly Mr. Brackoahury—What is the usual undestand-
ing to which you allude in the last answer ? Had not
the cash balance of 5,0001. been agreed to be kept on the
account, our charge of commission would have been pro-
portionably higher. It is the custom amongst bankers,
in order to 'be paid for the trouble of conducting ac-
counts. We have selected the above questions and an-
swers out of the very long examination of Mr. Whit-
more ; because it will be seen that the objection to the
proof is principally founded on them.
• Mr. Peet was then sworn, and said he had examined
the accounts between Messrs. Ryle and Co., and Messrs.
Whitmore and Co., and had seen the charges made for
interest. What is the rate of interest charged ? I havo
not gone beyond August 1836. The interest charged
since then was chiefly fire per cent. ; but in Juno and
July, 1839, the charge was tire and a half per cent.; from
Aug. 1839, to Jan. 1840, six per cent.; from Jan. to Oct.
1840, five per cent.; from Oct. to May 1341, six per
cent.; afterwards it was five per cent. amain.—Upon what
does that rate of interest appear to be calculated, and
charged? Upon bills discounted.—ls there any charge
made for interest in the cash balances? Yes.---In what
are those balances formed—at what periods? From the
accounts it appears the balance is struck at the close of
every day's transactions, and one day's interest charged
upon such balance, except when a Sunday intervened,
and then two days' interest was charged ; and at the
end of the month the interest upon that month's amount,.
that is, each day's interest is added up, 'and the
amount of such nacre carried to the general ac-
count, to the debit of Daintry, Ryle, and Co.—How
is the general amm', balanced ? The general monthly
account is balanced after such Interest and commission
is added, and that is carried forward and heads the
amount of the succeeding month.—Dy that mode of
charging is not compound interest charged twelve times
a-year? It is charged twelve times a year, except the
first month in the first year, August, 1836.—1 s not in-
terest in those several accounts charged on the amount
of the,commission, brought from the preceding account?
It is.--As well as upon the cash advances It is.—
Monthly in the same way? Yes.—llare you ascer-
tained the amount of the extra interest of one per cent.
over and above five per cent. from the 17th Oct. 1840, to
May, 1841 ? I have, and it amounts to 4201. 12s. 6d.
What is the total amount of interest charged in advance
account, from August, 1836, to the time of the bank-
ruptcy ? 22,8361. Os. 9d.—What is the total amount
charm6ed as for interest on bills during the same period ?
It is 16,3311. 19s. 2d. Had not •calculated the commis-
sion interest. —l4-,n what amount is the 62,836/. Os. 9d.
calculated upon ? It is calculated upon 5,0001. more
than the balance of the cash account owing to Whit-
more, Wells, and Company at the close of each day's
proceeding. . •

Mr..lleelis asked what was the average amount_
_orf
transactions in each month between the banks.? M•
Peet said he could not say the average, but in the__
mouth of July, 1836, it was 181,0001.; in the
~a';',
mouth of 1837, it was 87,000/.; in the same. mouth of I"
1841,
47,0001.; same month of 1839, 67,000/.; in June,
a
41,000/.—Should you consider the interest of 3,n,
the
sufficient remuneration for the trouble attend,
management of a banking account involving tras
an
ad.
to this extent ? No.—Should you thatconsidern _
dition of one shilling per 100/. of payment i
ably be the interest of 5,0001. more than might reasonably
account.
ex-
pected to
.be paid for the management ofar, , poultry
between the, firms of Whitmore and Co.,r a
rend to-day of
Ryle, and Co.: Judging from the lettere.
too
the parties.
the uneasiness which the- account gave 'iflCtioila
certainly not. .
chidedadi.‘dnAntto-
The examination having been cotn
at
some length,
kinson rose and addressed the
_Coeur
d• Upon the depo-
evident that as
asigtaiohir
it a‘dviansit
stitalgtetdhedartoctith'
etedned.be,tr: for money lent
and advances merely. Nowforn
interest and commis-
sion.woenntthnirts
much as nearly 40,00t1. wrl'sfore, in point of form, it.
He submitted,
laws, and quoted 3 and,
was not correctly
account brought it under
and
usury
the case of Berrington and
4 William IV., Cal). 9Sn'enu, cases. Ile had been in prac-
tice contend that thes t,ttoeddte.tlleoeflef er:halrgt.lalii interest theil
Collett, 5. 13ingha!n's
1 years in the Courts of Bankruptcy
tice upwards of thdirit;e' did not hesitate to say that or nll
and Chancery, an
„ he had never met with any equal W
this. It had be the cases of ",..1 a question long in dispute.- whether a.
id rest and make interest more titan every six
1:la.:511:t length been decided that, to
banker eon
grossly usurious, because more
wits obtained ; but •he would cha'l . enge•
than five Per
show a case compound interest being.
a r person
of
-n- r Ithis, accumulating monthly rosts. It tvass
like
sanet.onet
w ball going on, 03 had been Somewhere like a snow In,:
aokn
(t.cliisvi ,1:11111:.elicerlr
c.iyeenrastc.6c
of
ele-
gantly observed,' increasing by an aggregation of ils
l bcce. - And then, in addition to this, there was the,
addition of 5,0001., .on which interest had also been
charged, which was not actually owing to the bank. It
this was not tuairy, then he confessed he- did not un-
derstand the term. Lastly, he contended further that
they had no right to tender-the proof till m.
Co.
they had sue
rendered the deeds in their possession as security for
their account from Daintry, nyle, and
• Mr. lleclis shortly replied, and met the first objectiota
• by tendering a new affidavit, which was admitted.
At half-past six o'clock the Court adjourned, and it
was understood would meet again on Monday week,
when the Commissioners would give their deelsion.--.
(From the 31«nehester Times of Saturday.)
...

ANTI-CORN-LAW PRAYER MEEIII4II.- In
compliance v..ith a rt2r.olution pasncl at the Conference of.
MinLters at Manchester on the Corn-laws, the Rev. J..
Guthrie held a
the Presbyterian Chapel, Woolpack-yard, to supplicate the.
prayer meeting on Alonday evening last, in
divine mercy .that the present iniquitousing bread-tax might .be abrogated.
and demoraliz-
ing
nvine- •
bread The statements made-
by the Rev. Gentleman were deeply affecting and coing as to the evils of the present restrictions upon the,
d 1 the needy . —Kodal Alcretzsv.

EVENING SUN

Now ready, in 3 vols. postBvo., with numerous Illustrations
by George Cruiksbank, Leech, and Crowquill,
S TA NL E Y THORN.
By the Author of " Valentine Vex."
Richard Bentley, New Burlington-street.
`„" To be had at all the Libraries.

THEATRE ROYAL, COVENT GARDEN.
UNDER the MANAGEMENT of MADAME VESTRIS.
THIS EVENING, OCT. 4,
Will be repeated the New Comedy, in Five Acts, entitled
WHAT WILL THE WORLD SAY ?—Hon. Charles Nor-
wold, Mr. J. Vining; Mr. Pye Hilary, Mr. C. Mathews;
Mr. Warner, Mr. Bartley; Captain Scrope Tarradiddle,lMr.
W. Farren ; Lady Norwold, Mrs. Glover ; Marian Mayley,
Mrs. W. Lacy ; Miss De Vere, Miss Cooper ; Tattle, Mrs.
Orger; Mrs. Tarradiddle, Mrs. Humby.
After which the Farce of ANIMAL MAGNETISM.—
Marquis de Laney, Mr. Walter Lacy ; Doctor, Mr. W. Far-
ren ; La Fleur, Mr. Harley ; Jeffrey, Mr. Meadows ; Con-
stance, Miss Cooper ; Lisette, Mrs. Orger.
To conclude with, the Ballet of Action, entitled HANS OF
ICELAND.—Hans of Iceland, Mr. W. H. Payne ; Gill, Mr.
J. H. Ridgway; Frederick, Mr. Gilbert; Oglypiglap,3lr. T.
Ridgway ; Iceland Boy, Master Marshall ; Guth Stasen, Miss
Billin ; Iceland Girl, Miss Marshall.
Doors to be opened at. half-past Six—the performances to
eammenee at Seven. Dress Boxes, 7s. ; Second Price, 3s. 6d.;
First and Second Circles, ss. ; Second Price, 24 6d. ; Pit, 35.;
Second Price. 25.; Gallery, Is. Tickets and places for the
Boxes to be taken of Mr. Grogan at the Box-office, from Ten
till Feu, where Season Tickets may be had upon application.
Private Boxes to be had solely of Mr. Andrews, bookseller,
In 7. New Bond-street.
To-morrow, What Will the World Say ? with Brother Ben,
and Hans of Iceland.

ROYAL SURREY THEATRE.
UNDER THE MANAGEMENT OF MR. DAVIDGE
AND MR. WILLIS JONES.

Crowded Houses. Blenheim " a greater hit than the "Bat-
tle of Waterloo." Splendid New Scenes in the Circle, and,
by desire, tke Poney Races One Week more.
'THIS EVENING. OCT. 4. _

Will be presented the successful Equestrian Spectacle, called
THE BATTLE OF BLENHEIM ; OR, IHE HORSE
OF THE DISINHERITED; introducing Mr. Duerow's ma,g-
nificent Stud of Forty Horses, highlly-trained Palfreys, Fairy
Piney?, Equestrian Troop,, and Companies of both Theatres;
emliracing all the Military Exploits of the Great Duke of
Marlborough, Grand Reviews, Battles, and Glorious Victories.
After which, NEW SCENES IN THE CIRCLE, in the
Largest Arena in the World, in which Madame Ducrow, Sig-
nor Hillier, the Great American Rider, the British Horseman,
Signor Felix Carlo, and the First Artistes in Europe will appear.
- To conclude with THE SEVEN CLERKS.