The Sun.
London, England, 1848-01-26 00:00:00

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, Jan. 25.
(Before Mr. Cornmmissioner HOLROID.)
• BAO2I.IIVPIICT OF ABRAHAM BEERY CHAMBERS,
THE ELDER.
The siiiies in this case to-day was for a declaration
of farthve dividend under the separate estate of the
lumkrapt, who, it will be remembered, was the se-
nior partner in the firm of Chambers and Son, whose
failure raguy years ago gate rise to such serious liti-

Nation.
On the proceedings commencing,
Mr. EsPIN, for the assignees, stated to his Honour
that the trustees of Mrs. Chambers proposed to prove
in respect of a contingent annuity, which it was con-
tended was chargeable against the separate estate of
the bankrupt arising out of a settlement of property
to the extent of 10,0001., made by him upon his wife.
The amount of the annuity was 300/. per annum, and
the trustees sought to establish their claim under the
$lll of George IV., chap. 16, sec. 56, the words of
which ran thus
That if any bankrupt shall before the issuing of
the commission have contracted any debt payable
upon a contingency which shall not have happened
before the issuing of such commission, the person
ith whom such debt has been contracted may, if he
think fit, apply to the commissioners to set a value
upon such debt, and the commissioners are hereby
required to ascertain the value thereof, and to admit
such person to prove the amount so ascertained, and
to receive dividends thereon; or if such value shall
not be se ascertained before the contingenc shall
have happened, then such person may, after such con-
tingency shall have happened, prove in respect of
such debt and receive dividend ith the other credi-
tors_, not disturbing any formerw dividends, provided
such person had not, when such debt was contracted,
notice of any act of bankruptcy by such bankrupt
committed."
The assignees in bringing the matter under the notice
of the Court wished to direct the attention of the
Commissioner to three cases which bore upon the
question at issue. The first was "Ex parte Mar-
shall" (1 Montague and Ayrton), the others
were " Ex parte Vanhetheysen" (2 Montague
and Ayrton), and " Ex parte Broadley" (2
Montague and De Gex). Another matter to
which the assignees also begged attention was
the circumstance of 23,4001. having been paid
out of the estate, in order to bring about a
settlement of the dispute with Mr. Chambers. Of
that sum 7,0001. was set apart for the separate use of
Mrs. Chambers, and was properly made over to her.
Ten thousand pounds, it was arranged, should go in
liquidation of law costs ; but as the bills were taxed
down to a low amount, the greater part of that
amount, with the remaining 6,0001., had passed to
the bankrupt himself. Now the queston was, taking
an equitable view of the case, whether the Court
would permit the proof to be made, and suffer the
estate to be encumbered with a charge resulting from
the peovisien for this contingent annuity, considering
the fact of the settlement of the 7,0001. and the
moneys received by Mr. Chambers.
HETIERDEN, for the trustees, argued in favour
of the validity of the proof. The cases cited on the
other side supported the view he wished to establish ;
ouly one other he would add—that of " Ex parte
Tindal" (Bth of Bingham's Reports), which he re-
garded as quite conclusive on the point. After
quoting the particulars of the decision in the last-
mentioned case, and opinions on the law of contingent
remainders, he said he was perfectly willing to leave
the question in the hands of his Honour.
Mr. Commissioner HOLROYD, having referred to the
various authorities, decided that the prouf should be
Omitted, as the case seemed quite to agree with that
of " Ex parte Tindal."
Mr. Esrize again urged on the Court the double ad-
vantage which would be derived by the claimant ;
first, from the settlement of 7,0001., and, secondly, from
this proof.
Mr. Commissioner HOLROTD said, it was true that
Ms. Chambers would derive additional benefit from
this proof, but as no stipulation was made in the other
settlement against this contingent annuity, he could
only deal with the question as he found it.
It transpired in the course of further discussion
that the proof would stand for about 1,0001., as that
amount was the average of the valuation of the an-
Ettity calculated by three of the first metropolitan
actuaries.
A further dividend was then declared, the amount
of which will-be announced in a few days ; according
to general estimate it may reach 45., and in that case
would, with the first one declared, constitute a present
distribution under the separate estate of Mr. Cham-
bers, sen., of 9i. 6d. in the pound.
It was publicly announced at the close of the meet-
ing that this was not a final dividend.
(Before Mr. Commissioner SHEPHERD.)

IN THE BANKRUPTCY OF GEORGE ROLIGIEMONT.
The bankrupt, who traded under the firm of
Rougemont, Brothers, came up to pass his last exa-
talination.
Tke only matter worthy of notice during the meet-
ing was a proof tendered on behalf of Prince Met-
ternich, whose agent the bankrupt was for the sale of
Johannisberg wines in this country. The affidavit of
proof, which was from a third party and was for an
alleged debt of 1991., was deemed insufficient, and
the proof was for the present disallowed.
The official assignee (Mr. Graham) said, the ac-
counts and books of the house of Rougemont had
been kept in the most regular and satisfactory. man-
nor, and that he had no opposition to offer.
The bankrupt at once passed his last examination.
Our reporter is authorised to state that the estate
will ultimately realise a dividend of about 14s. or 15s.
in the pound, and that a dividend of about ss. will be
paid in the course of a few days, •
THE GENERAL. MARITIME ASSURANCE COMPANY.
J. Maclean Lee, of Cornhill, described as an under-
writer and a director and shareholder in the General
Maritime Assurance Company, was declared a bank-
rupt to-day on his own petition. The case will be
taken into Mr. Commissioner Holroyd's court,
Messrs Lawrence and Plews being the solictors, and
Mr. Groom the official assignee.

INSOLVENT DEBTORS' COURT, Jan. 25
(Before the CHIEF COMMISSIONER.)
IN RE ZACHARIAII SMITH.

In this case the insolvent, formerly a licensed
victualler, was heard some months since, when he
was remanded at the suit of a creditor for six months,
on account of damages recovered in an action for
breach of promise of marriage. At the expiration of
the period of remand the insolvent was arrested again
st the suit of the former attorney, whose claim for
costs had been in the schedule. An application to a
lodge was made for a release, but it was decided that
at; the insolvent had not pleaded his ditcharge the
judgment formed a new debt and the arrest was good.
The insolvent accordingly filed a new petition, and
was to hare been heard today, hut on the case being
called on it was announced that the insolvent declined
to appear, and the order for hearing was dismissed.
An application for the appointment of an assignee a
few days since was made, and on that occasion it
was stated that a freehold estate, purcha.ed by the
insolvent in Cheshire for 5001., had been discovered,
as also some property worth 501. in the hands of
another party, which had been seized by the sheriff
of Chester.

POLICE INTELLIGENCE.
DoadCL ERKE IV WELL.
James -
dge was charged with having plun-
dered his employers,ri- Messrs. Hammond, ironmongers,
of Old- street.
The prisoner had been in the service of the firm
for upwards of twelve years, and, in consequence of
considerable property missed from the stock,
and the prisoner livig beinga
state of splendour far
above his means, he was suspected ; when it was ar-
ranged that two half. should be marked,
and handed to a Mrs. Blackwell,ig"
pur-
chases in the shop. She did so, to make some
50, and, after leaving
the shop, Mr. Hammond, jun examined. the till, and,
finding no gold, he gave thd.e'iyfsri
prisoner in charge to
o,thoen
roseaarrkched-
Sergeant Brannan, of the G-
in.; him, found 241. 4s. id., but none
money, which the prisoner said was ;Il& desk at the
is
end of the counter, and, on its being
iialf sovereigns were found wrapped up searched, two
paper, together with a sovereign, one of vihioillyli7i:e; of
inediately identified as one of the half sovereigns -I;!neh-
was handed to Mrs. Blackwell, and the other hadw notwhich
was
been discovered. The -prisoner said he had re
cuived the money found upon him from his lodgers,
and he always carried it about him. On going to
iit house it was fitted up in a costly style, and only
ithabited by himself, his wife. and three children,
and in an iron safe 1371. in gold and silver, seven
gold rings, four gold guard chains, a si
i ver
bonds, and chain, and
other articles of jewellery, three Spanish
the lease of a house, were found ; and in various other
parts of the house a quantity of brass and other
goods similar to those in the stock of the prosecutor
were found ; also bread and coal tickets, which Mr.
Bammond, sen., who is a guardian of the poor, claimed
and identified.
'The evidence having been taken down fully
Mr. CoMux said he would commit the prisoner to i
take his trial at, the
Mr. Humphreys then appliedie for a restitution to
the prisoner of the money
bondsntindin his
together with the Spanish possession,
and the lease of his
house, for which he had given 260
'Air. Hobler strenuously opposedtihis; but
-Mr. COMB said that the leasemsightitth safety be
however,
delivered up to Mr. Humphre
would take time to consider relativeY to thee'other mat-
ters connected with the case, in reference to the appli-
&ion of Mr. Humphreys.
;Mr. nobler said that at this time the Spanish bonds
Nacre worth 1801. The prisoners house was furnished
lik for any gentleman in London.
Cutler the circumstances the prisoner was again