The Sun.
London, England, 1848-12-08 00:00:00

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, Dec. 7.
(Before Mr. Commissioner LAW.)
IN RE DION DE BOURCICAULT.
This was the day appointed for the consideration of
the final order of this insolvent, the celebrated dramatic
author, and was also a meeting for the proof of debts.
Mr. COOKE supported the insolvent.
Mr. Hart, a tailor, sought to prove for 891. 35., but the
debt having been contracted in 1840, and no evidence ad-
duced to prevent the operation of the Statute of Limita-
tions, .

The COMMISSIONER refused to allow the proof, or to re-
quire the claim to be entered in the schedule.
Mr. B. Webster was then called by Mr. CooKE, and
stated that insolvent had deposited with him a comedy
in five acts, for which the former was to receive the usual
remuneration for works of that class, provided that wit-
ness approved of it after reading lt, which he had not
yet been able to do. The usual price of such a work
was about 3001., which by acting and printing copyrights
and country acting rights would increase to nearly 4001.
Witness would not be able to produce the comedy
until after the commencement of the next season, in
October, 1849. Witness had advanced insolvent 3C71.,
upon the deposit of the comedy, upon repayment of which
he was ready to give up the piece to the creditors, or
would take it at the usual price, provided he api roved
of it. Would undertake to decide upon the play within
a month, if desired.

Mr. LEWIS, who appeared on behalf of Mr. L. Levi,
drew the attention of the Court to the fact that a piece
written by insolvent, called the Knight of Arva, had
lately been successfully produced by Mr. Webster; and,
looking at the account filed, there was only 251. stated
to have been paid by Mr. Webster to insolvent during
the present year. It was clear, therefore, that this piece
was the property of the creditors, and ought to be brought
into court. .

Mr. Webster, upon being questioned on this point,
said he lately produced the Knight of Arva, which was
to a certain extent successful, but it was not very at-
tractive. The price to which Mr. Bourcicault would
be entitled was 1001., provided the piece ran over a
certain number of nights. Insolvent had received
501., which was more than was due on account of it at
present.
The insolvent stated he began the Knight of Arva on
the 11th or 12th of October, and finished it on the 17th
or 18th of the same month. That was subsequent to the
filing of his petition, and he had no other means of sup-
port, or paying his attorney, than by his pen.
The Learned COMMISSIoNER said, the chief point was
to ascertain whether the proceeds of the comedy placed
in Mr. Webster's hands were understood to belong to the
creditors. _

Insolvent replied, certainly the play was for the be-
nefit of his creditors. He wrote it at Mr. \Vebster's re-
quest in July or August, and could, if he had cfrser,
have retained the benefit ref it to himself by petitioning
the Court earlier, but he did not desire to do so.
The COMMISSIONER—Then you understand the
price of the work, when paid, is to be paid into this
court? Insolvent—Yes, sir.
The COMMISSIONER--And you, Mr. Webster, under-
stand the same thing? Mr. Webster—Yes, sir.
Mr. E. L. Levy then examined the insolvent, who de-
nied having written a piece called the Sanspared, but
that there was a play called Suns Real in the possession
of the creditor's father as security for money advanced.
Mr. Levy advanced 25/. for two months, and he (i❑sol-
vent) had to pay 301. for it. Knew No. 2, Rupert-street.
It was a hell.

The creditor asked if the insolvent had ever gambled
there, but

The COURT said the question need not be answered.
Mr. COOLS observed, that as the creditor chose to
adopt such a line of opposition, he should first examine
into his debt.

Mr. Edward L. Levy was then sworn, and stated that
he was a solicitor, and resided with his father, who was
a wine merchant and sheriff's officer, in Norfolk-street,
Strand. Witness was a creditor on a bill of exchange
for 1001, drawn by his father and accepted by insolvent.
Did plot know how much his father had given for the
bill, but had heard the insolvent state he had only re-
ceived 751 for it. The bill was dated in November, 1847,
at two months. Witness gave his father 1001. for the
bill, which was endorsed to him on the 31st of June, and
soon after he commenced an action against insolvent.
Would not swear the action was not begun before the
2 Ist of June, but it might have been, as witness had
the bill some time before June, although it was only en-
dorsed to him at the latter period.
The insolvent, in reply to the creditor's question,
stated that the two pieces redeemed from Mr. Levi, on
payment of the 301., were in Mr. Webster's hands. The
one was called False Colours, and the other Tho Letter
of Introduction. .

The CourtTthen proceeded to investigate the various
proofs tendered, and in respect to Mr. Levi's claim
The COMMISSIONER remarked, that before proving
any debt the claimant must give up his security. The
party was entitled to exercise a lien upon the pieces in
his possession, but could not receive a dividend and hold
them too. At the same time it would be monstrous
for Mr. Levi to turn those plays into money without
communicating with the insolvent, who was the most
likely person to obtain an advantageous price.
After the examination of some other claims, the insol-
vent was declared entitled to his final order.

SHERIFFS' COURT, Dec. 7.-
(Before Mr. Under-Sheriff BURCHELL.)
PETT V. SHACKLETON.

This was an action to recover the sum of 91. 10s., on
a bill of exchange. There were other counts for goods
sold and delivered and on an account stated. _

The defendant pleaded that he did not accept the bill,
and nil debit on the other counts. He did not appear to
support the pleas.
It was proved in evidence that the acceptance was that
of the defendant, and it purported to be for value re-
ceived, being the goods mentioned in the second count;
but the delivery of the goods not being proved,
The Learned UNDER-SHERIFF held that a verdict
must be given for the defendant on the plea for goods
sold—on the other points for the plaintiff.
The cases were wholly devoid of interest this day.

Suirwatm—We understand that on Monday
evening, about six o'clock, a large Spanish vessel,
with a cargo value over 10,0001., was driven ashore
near Wexford, and was totally lost. Crew saved.
Ship went to pieces immediately. Cargo completely
destroyed.—Freeman's Journal.