The Sun.
London, England, 1841-11-06 00:00:00

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 5.
IN TUE MATTER OF BLAKE, A BANKRUPT.

Mr. KELLY—One witness stated it to be 1201. The
Learned Counsel cited several cases, upon the authorit)
of which, he contended, he was entitled to a rule.
The LORD CIIIEE BARON said they would consult with
Mr. Baron Alderson- before corning to any decision.

This case came before the Court upon appeal from the
judgment of the Court of Review. The only question
in the case was whether a creditor who had a debt due
from the bankrupts individually, and also a debt due to
Mtn from the bankrupt jointly with another person, and
who had sued out a fiat of bankruptcy, was entitled to
prove and receive dividends out of the separate estate of
the bankrupt as well in respect of the joint as the sepa-
rate debt, or whether the circumstance of the separate
debt being sufficient to sustain the fiat precluded the
creditor from proving against the separate estate for the
joint debt. The Court of Review decided that the
creditor was only:entitled to prove for the separate debt,
and from that decision the party appealed.
Mr. SWANSTON and Mr. GIRDLESTONE appeared in
support of the appeal, and Mr. BETHELL was Counsel
for the party in whose favour the Court of Review had
given judgment.
The LORD CHANCELLOR, at the conclusion of the ar-
guments, postponed giving judgment.
IN THE CASE OF SWINDELL, A LUNATIC.
The remainder of the day was occupied in th • opening
of this lunatic petition, which had not concluded when
the Court rose.

INSOLVENT COURT, Nov. 5.
IN THE MATTER OF JAMES HIGHWAY.
The facts of this case were rather singular, and oc-
cupied the Court from its sitting, at ten o'clock, until
past six. The wife of a person, named Bromley, had
separated from her husband, and accumulated about 500/4
which she gave, at her death, to her cousin, the insol-
vent's wife, for the benefit of a sister named Gabe. By
the verdict, in an action brought by BrOmley against the
insolvent, the latter was required to refund the 5001..
which he refused, and was, in consequence, taken in
execution, and now appeared in Court, on his petition, to
be discharged, on the grounds that he had expended all the
money, and was at present without property.
Mr. COOKE, on behalf of Bromley, the opposing
creditor, called a number of witnesses, from whose evi-
dence it appeared that the insolvent had invested the
money in the funds at various times, and who likewise
proved that the money with which he purchased the
stock was the same as what he received on account of
Bromley's wife, and that stock to the amount of 2551.
was still held in the insolvent's name.
The Learned COMMISSIONER said, in this case, if the
money had been all expended, he should inflict the ex-
treme penality which the Act allowed for fraudulently
making away with property if, on the other hand,
there was stock or Exchequer hills to the amount of 2551.
in the insolvent's possession, which he gave up to the
assignee, Mr. Bromley, he might go out of prison to-
morrow. He should, therefore, enter a conditional dis-
charge upon the books of the Court.

ROLLS' COURT, Nov. 5.
GURDEN V. BADCOCR.
Mr. PEMBERTON moved for an order that Samue
Deacon, the executor of the receiver in this suit, shout(
within a week pay into Court the several sums o
6431. 18s. 3d. and 3491. Os. 9d., making together the stun
of 9921. 195., together with interest on the same, and the
costs of the application. The Learned Counsel said Mr.
Deacon was the surviving representative of the receiver
in the cause, and as such, was ordered many years ago
to pay the above sum into Court; which, however, he
never did, but had suggested many excuses for not doing
so, which had proved to be unfounded.
The bill was filed by Benjamin Gurden and Thomas
Shillingford, tenants for life of an estate left by a gentle-
man named Smithers, which he had charged with various
payments, among which was an annuity to Mary Saun-
ders. On the Bth of July, 1806, an order was made to
appoint a receiver of •the estate, in consequence of which
Mr. William Drayson was appointed receiver. Mr.
Drayson passed two accounts to the year 1807, and paid
the balance into Court, and by a decree made in the
cause in February, 1808, he was continued as receiver.
Mr. Drayson died in 1809, and appointed his widow and
Samuel Deacon to be his executors ; and on the 16th of
June, 1812, application was made to the Court on their
behalf, praying that they might he at liberty to pay such
accounts of the receiver as were not passed, and in pur-
suance of the orders thereupon made the Master made
two reports, by which it was found that the above
sum of 9921. 19s. was due from them as the representa-
tives of the receiver. The Master subsequently made his
general report, and thereby found that a considerable
sum of money was due to Mary Saunders, and these re-
ports were confirmed on November 10, 1813. On Bth
December the case came on for further directions, and it
was then decreed that the rents of the estate were liable
to keep down the interest. The suit had been prose-
cuted in a negligent manner ; Mrs. Saunders, who died
in 1839, never got anything that was due to her,
and upon her death her representatives applied for
'-and obtained the conduct of the suit. Application
was subsequently made to Mr. Deacon, for pay-
ment of the above sums, in answer to which he stated
that he had paid it to Mr. Kirby, the solicitor in the
cause, and that it was detained by him in part of his
account. It was contended that the order of the Court
had not been complied with, and it was, therefore, prayed
that it might forthwith be carried into effeet.
Mr. RUSSELL and Mr. ROMILLT, on behalf of Mr.
Deacon, complained that this proceeding should have
been instituted against their client, after so long time
had elapsed, especially when it was not denied that he
had not derived any benefit from the estate, and when
all the evidence went to show that, though he had not acted
in the regular manner, yet he had acted with the consent
of all the parties concerned, and that the money had
been received by the parties entitled to receive it, though
not in the manner decided by the Court.
His LORDSHIP desired defendant's counsel to examine
the orders, and said he would hear Mr. Pemberton's re-
ply to-morrow.

POLICE INTELLICiENCE.
Q UILDIIALL.

CAUTION TO TAVERN AND COFFEE-IIOUSE• KEEPERS.
—Anne Linder, alias Payne, alias Greasy, a respectable-
looking female, apparently about 25 years cf age, was
placed at the bar before Sir Peter Laurie, on a charge
of swindling a host of,:tavern and coffee-houise-keepers,
and other tradesmen. A man named Payne, who at
one tine passed for the prisoner's husband, also attended
on the charge, but not in custody.
It appeared from the evidence of upwards of 20 per-
sons, whom the prisoner had" victimised," that she re-
presented herself as daughter of a gentleman named Finden,
who died some years since, and left her property to a vast
amount, situate in Tottenham-court-road, Fitzroy-market,
and various other places, together with a quantity of
stock and property in the funds. The man Payne and
she lived at the different taverns and coffee-houses as
man and wife, and in many instances she succeeded in
borrowing money to a large amount.
One of the victims, Mr. Clarke, of the George Tavern,
Castle-street, Leicester-square, in a half-comic, half-
serious style, informed Sir Peter that the female prisoner
told him she was the owner of the " Castle" at Tooting,
and after borrowing some money from him invited him
to come there to spend a few days with her. When he
went, instead of the lady who favoured him with the in-
vitation, he found a jolly red-faced landlord, who knew
nothing of her.
From two or three of the witnesses she borrowed arti-
cles of wearing apparel, which she never returned.
Mr. Thomas Finden said he resided in the New-road,
and the person whom the prisoner claimed as her father
was his brother. She had been frequently with him on
the subject of her imaginary claims, and he had also
been visited by Mr. Birch, the solicitor to the Southamp-
ton estates, on the same subject. He (witness) was the
executor under his brother's will, and there was not the
slightest truth in the prisoner's claim or statements.
The prisoner, in a manner indicative of superior tact
and some education, made a long statement, asserting
that she was the daughter of Mr. Finden's brother, who
died worth a deal of money, the whole of which was to
come to her in the event of two other childrens' death,
which had since occurred.
Sir P. LAURIE said no man was safe if such claims
as the prisoner's could be made with impunity. He feared
he could not treat dealings with the persons appearing
against her criminally, but he would remand her to next
Thursday on the charge of stealing the wearing apparel

BOW-STREET.
Frederick Prank was placed at the bar, before- Mr.
Jardine, on a charge of stealing a cash-box, containing
two 201. notes, two 51. notes, twelve sovereigns, and
about 51. in silver.
William Fox stated, that he is the landlord of the
Windsor Castle, in Charles-street, Westminster. The
prisoner was in witness's service as a pot-boy. The ma-
hogany-box produced was the property of witness, and
he used it as a cash-box. About half•past four, in the
afternoon of Tuesday, the 2d of November, he saw
safely deposited in the box, two 20/. Bank of England
notes, two 5/. notes, twelve sovereigns, and about 51. in
silver, as well as his license and other` memoranda,
The gold was in a leather bag, which, with other por-
tions of the property, was produced. About ten minutes
past six o'clock, witness saw the prisoner leave the bar,
and he did not again see him until after he had been
taken into custody. Witness went to the bar about a
quarter of an hour after the prisoner had left the house,
when he discovered that the property had been removed.
James Clements, a superintendent of police in Can-
terbury, where the prisoner had been arrested, stated
that on Wednesday the 3d of November he gave direc-
tions to Police Constable Morley, in consequence of in-
formation he had. received, to apprehend the prisoner,
who was brought to the station-house in Canterbury be-
tween seven and eight o'clock in the evening. Witness
told him he had been charged with a felony, and asked
him to give up any portion of the property he might
still have in his possession. The prisoner then drew out
two twenty-pound notes ; and three sovereigns and a
half, and thirty-shillings and eight-pence, were after-
wards found upon his person. The police officer Morley,
at inquiring at the Guildhall Tavern, where the prisoner
had. slept, found there the cash-box, and a carpet-bag.
The prisoner was fully committed for trial.

VICE-CHANCELLOR'S COURT, Nov. 5.
(Before the VICE-CHANCELLOR of ENGLAND.)
His Honour was occupied the whole day with unop-
posed petitions, short causes, and cause petitions, none
of which possessed the slightest public interest.

ROBINSON V. ROSSER.

This was a suit instituted by a mortgagee of the pre-
mises No. 27, Field-lane, to recover the amount of rent
and dilapidations of those premises from the defendant,
as having an equitable interest by assignment of a lease
of them to him.
It appeared that a sum of 761. was due to the de-
fendant by the tenant of the premises. The latter being
called on to pay that sum, he promised to pay 201 in a
few months, and at the same time gave the defendant
the lease of his house as a security for the pay-
ment of that sum. The defendant kept the lease for
some time, when, no money having been paid by the
tenant, he returned the lease, and the present suit was
instituted. A decision had been made by the Vice-
Chancellor of England, in the case of Moor v. Chose,
that an equitable interest as assignee in leasehold pre-
mises made the assignee liable for rent. A subsequent
decision in the case of Flight v. Bentley was relied on
by the defendants.
his IloNoult concurred in the view of the law taken
in the decision in Flight v. Bentley, and the case was
dismissed without costs!

TALACRE COAL AND IRON
COMPANY.

An adjourned meeting of the Proprietors of this Com-
pany was held on Wednesday, at the Office, 20, John-street,
Adelphi, for the purpose of taking into consideration the
Report submitted by the London Directors at the last
meeting, and also the answer made to it at that meeting
by the original Directors, Messrs. Thomas Wood, Wes-
ton, and others. The meeting was called for one o'clock
precisely, but it was two o'clock before a sufficient num-
ber of Proprietors were present to constitute a meeting.
Mr. Chappilow took the Chair, and as soon as he had
done so, begged to ask Mr. Alderman Thomas Wood if
he had any statement to make relative to the printing of
the two Reports. To this Mr. Alderman Wood made no
reply.—Mr. Hornidge called the attention of the
Chair to a mistake in the printed Reports relative
to the amount of payments the Dublin Directors had
made themselves liable for. The Report stated that it
was 20,000/., whereas it should have said heavy cash
payments.—Mr. Taylor proceeded to read the corre-
spondence which ha'S recently taken place between the
London and Dublin Directors with respect to the pro-
duction of the books of the Company, at present in the
hands of the Dublin Directors. Mr. Taylor then sub-
mitted a kind of Report of the Committee formed at
the last meeting, which went to show that they were
unable to get a sight of the said books, and could not.
therefore, proceed with the object for which that Com-
mittee was formed. It appeared that a Mr. Russell had
been sent over from Dublin with the books to London ;
but he, not having sufficient confidence, as it appeared,
in the Committee, flatly refused to let the books go
out of his hands, and thus they were of about as much
use to the Committee as though they had quietly re-
mained in Dublin.--A rather angry conversation then
ensued between Mr. Hornidge and Mr. Taylor, who ap-
peared, on this occasion, to be the spokesman of the Com-
mittee,relative to the former gentleman having stated at the
last meeting that be appeared on the behalf of two
gentlemen in Dublin of the names of Shaw and Hodges,
both of whom had distinctly denied to him (Mr. Tay-
lor) that such was tho case. Mr. Hornidge denied
this, and matters began to assume a very threaten-
ing aspect, as both parties were very much excited,
and were only separated by a small table. This did not
last long, and that part of .this very complicated busi-
ness was sot at rest by Mr. Hornidge entering into a
kind of explanation of the part he had taken in the
various transactions of the Company.—Mr. Ashurst,
the solicitor to the present acting Directors, then stated
to the meeting that the Report, together with the ex-
planation of the former Directors, had been printed,
and he wished to ask Mr. Weston if he had any answer
to make ?—Mr. Weston, much excited, rose, and said
that the Report printed was only left at his house the
night before, although it had been in the hands
of parties for ten days past.—The Chairman, with equal
warmth, rose and said that was entirely incorrect.—
Mr. Taylor followed on the same side," and said the
Report was not in the hands of any one ten days ago;
adding, that even if suchswere the case, Mr. Weston knew
perfectly well all that Report contained before he re-
ceived it. Mr. Taylor then turned to Alderman Wood,
and asked him how it was that he, in drawing up the
deed of settlement, had not made the trustees liable upon
it ?—Mr. Alderman Wood said that it was impossible
for him to make any statement as the printed Report
had been delivered to him so recently; but he still per-
sisted that he had receiver] no benefit from that Com-
pany whatever, nor did he expect any,—Mr. Taylor re -
plied to this, that for an innocent man, Mr. Wood's
course was most extraordinary.—Mr. Wood said that
was not the business of the meeting ; there was no
question before the chair, and he did not think
such a question was altogether in order.—A dis-
cussion then, ensued between Messrs. Taylor,
Wood, and Weston, as to the ignorancounf certain parties
who had been present at a former meeting, and which
seemed very gratifying to the parties not concerned.
The conversation then took a different turn altogether,
and turned upon the press in general, and Galignanes
Messenger in particular. Mr. Taylor declared that the press
of this country was one other noblest engines, but that it
sometimes became polluted. Yes, it became polluted, and
to serve Mr. Alderman Thomas Wood's purposes too.
Why, even Galignani contained his name, and there it
was stated that Mr. Wood had, with his usual munifi-
cence, given 500/. to the- sufferers by the Talacre Coal
Company.—Mr. Wood said he should very much like to
know who put that in, for he had never heard of it be •
fore. Why, he had a letter in his pocket, which
had been sent to the Morning Herald, purport-
ing to come from hiM (Mr. Alderman Thomas Wood),
and denying in direct terms that he had given anything,
or intended to give anything, towards the liquidation of
the liabilities of the Talacre Coal and Iron Company, for
he attributed the losses to speculative individuals con-
nected with the concern. This letter was signed
with his name, a direct and palpable forgery.—
A discussion then arose as to the value of the property.
One declared that it was not worth a farthing, while an-
other undertook to prove that by it a princely fortune
might be made. As most of the speakers by this time

THE SUN, LONDON, SATURDAY, NOVEMBER 6, 1841.

. .
vere rather exhausted, they thought the best mode then
.o be pursued was to adjourn the meeting, and a resolu-
ion
to the following effect was agreed to :—" That it be
-eferred back to the Committee to take such steps as they
night think proper, in relation to the affairs of the Corn-
)any, with power to add to the number of the Com-
olittee, and that this meeting be adjourned." The meet
inn then broke up, and many worthy Proprietors went
ttvay in a blissful state of ignorance. as to the amount of
business gone through at this meeting.

FROM LAST NIGHT'S GAZETTE.
WHITEHALL, Nov. 3, 1841.
The Queen has been pleased to 'appoint the Right Hon.
James Earl of Lauderdale to be her Majesty's Lieutenant and
Sheriff Principal of tho Shire of Berwick, in the room of Alex-
ander Earl of Home, deceased.
WAR-OFFICE, Nov. 5.
18th Regiment of Foot—Captain T. B. Lord Cochrane,
from the 66th Foot, to be Captain, vice Moyle, vt ho exchanges,
Nov. 5.
20th Foot—Cornet Sir W. A. Fletcher, Bart., from half-
pay of the 3d Dragoon Guards, to be Ensign, without pur-
chase; J. R. Jackson, Gent., to be Ensign, by purchase, vice
Sir W. A. Fletcher, who retires ; Assistant-Surgeon E.
Menzies, from the Staff, to be Assistant-Surgeon, vice Eng
lish, whose appointment has been cancelled, Nov. 5.
41st Foot—Lieut. J. E. Deere to be Captain, without pur-
chase, vice Price, deceased; Ensign H. F. Marston to be
Lieutenant, without purchase, vice Deere, Oct. 24 ; C. J. S.
Wallace, Gent., to be Ensign, without purchase, vice Marston,
Nov. 5.
42d Foot—Lieut. the lion. R. Rollo to be Captain, by
purchase, vice Lord Cecil Gordon, who retires ; E,.sign T. R.
D. Hay to be Lieutenant, by purchase, vice Rollo; the Hon.
G. H. E. Grant to be Ensign, by purchase, vice Hay, Nov. 5.
66th Foot—Captain T. J. Moyle, from the 18th Foot, to be
Captain, vice Lord Cochrane, who exchanges, Nov. 5.
90di Foot—W. Davis, Gent., to be Ensign, by purchase,
vice the Hon. J. Tucket, who retires, Nov. 5.
Commission by the Lord Lieutenant of the West Riding
of Yorkshire.
Southern Regiment of Yorkshire (West Riding) Yeo-
manry Cavalry—R. Winn, Gent., to be Cornet, vice Wheen,
resigned, Oct. 23.
Commissions by the Lord Lieutenant of Nottinghamshire.
Southern Regiment of Nottinghamshire Yeomanry Cavalry.
—G. Robinson, Esq., to be Major, vice T. W. Edge, resigned;
T. B. 'l'. Hiblyard, Esq., to be Captain, vice W. B. Martin,
resigned; T. B. Charlton, Esq., to be ditto, vice G. Robinson,
promoted.
The following places have been duly registered for solemniz-
ing marriages therein, pursuant to the Act 6th and 7th William
IV., chap. 85.
Salem Chapel, Barnsley, Yorkshire.
The Borough-road Chapel, Borough-road.
DECLARATIONS OF INSOLVENCY.
WILLIAM PARKER, grocer, Hockly, Nottingham.
WILLIAM STRAKER, bookseller, West Strand. .
GEORGE BUGG, carpenter, Exmouth-street, Clerkenwel]
PETER S AUNDERS, merchant, Kingston-upon-Hull.
BANKRUPTCY SUPERSEDED.
WILLIAM OLIVER BRIGHT, attorney at law, Chan
eery-lane, City.