The Sun.
London, England, 1856-11-25 00:00:00

V ENING, _NOI F.MB t

LAW INTELLIGEV:I72.—(This Day.)

COURT OF CHANCERY.

(Before the Lords Jnstices.)
LEE v. AITCHISON—TFIE ROYAL BRITISH
BANK.

Mr. Rolt applied for the postponement of the hearing
of the appeal in this case from the decision delivered by
Vice-Chancellor Kindersley yesterday, ou the ground that
if the arguinents were opened to-day they could not be
finished, and it was uncertain whether their lordships
would sit to-morrow.

Sir F. Kelly said he wished their lordships would fix a
certain day for the hearing of the appeal. He did not
wish it to be left in doubt when the appeal would come on.
After a short consultation amongst the learned counsel,
Lord Justice Knight Bruce said the hearing of the ep-
peal would stand over until to-morrow week.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE THE ROYAL BRITISH BANK.

To-day was appointed for hearing his Honour's decision

as to the form of the balaace•shoot which the directors

would be required to furnish, and copies of the proposed
form had been given to Mr. Read and Mr. Mason, who ap-
peared for them.

Mr. Read objected to the account extending from 180
to 1536, and said that if it began so far back as 1819, no
director but Mr. Esdaile could sign the balance•sheet. He
proposed that every director should attach his signature to

a statement of affairs at the time of the afU udication, and
that the balance-sheet should be filed by Mr. Esdaile some-
what after the form proposed, omitting only such details
as appeared in the statement of affairs. Tho other di-
rectors, he thought, might adopt the half-yearly balance
sheet as it stood, as it would sate immense trouble.
His Honour thought the form should stand, but that
the directors should only sign for the time of their direc-
torship, and that they should have the option of filing
distinct balance sheets from the time they bocanie
directors.

Mr. Mason observed that the accounts of the Bank were
regularly balanced and laid before the directors each
morning, and his clients would adopt those of the morning
on which they became directors, and then proceed to show
where the assets had been over estimated. The error of
the Bank throughout appeared to have been,over-estimat-
ing their assets.
The learned Commissioner said—A form of balance

sheet, distinct from the statement to the official assignee,
would be required. These directors had little to do with
the deficiency, but wore equilly interested in the general
statement of affairs, and they would, therefore, finish a
detailed account during their directorship.
The form was then agreed to.

(Before Mr. Commissioner Evans.)

IN RE BAINBRIDGE AND DELL.-ADJOURNMENT SINE DIE.

ALLEGED CONCEALMENT OF PROPERTY.

These bankrupts were described as of Southwark-bridge-
road, boot and shoe manufacturers, and to-day was ap-
pointed for their last examination.
Mr. Turner appeared for the assignees to oppose the
bankrupts passing; Mr. Beard, from the office of Mr.
Buchanan, for Bainbridge ; and Mr. Warrand for Dell.

Mr. Turner said that in this case the bankrupts had only
been in business for about five months, and now owed to
creditors 2,7511., and the assets were only 61. 4s. 6d., and
during that time they had obtained leather from one credi-
tor, a Mr. Smith, to the amount of 1,3001., and nothing
like an account of their trading could be given, almost the
whole of the items being unvouched, and the books given
up could not be considered the genuine books of the firm.
Bainbridge himself absconded to America, but subse-
quently returned and surrendered. He submitted that it
was a case in which the bankrupts should be adjourned
sine die.

His Honour said they could never pass on the present
accounts.

Bainbridge was examined, and said that he went to
America partly on pleasure, and partly to see whether he
should like to settle there, but he returned to England and
found that he had been made bankrupt. He did not
know they were in difficulties when he left, and he sup-
posed the stock had been used up.
His Honour—Have they given any account of stock
bought and sold, and profit and loss ?
Mr. Bell, the official assignee—Nu ; they have not.
His Honour—Then I will not pass them till they have,
and shall adjourn them without day, with protection for
a month.

Mr. Beard asked his Honour to direct the assignees to
state in writing what they required.
Mr. Turner said that if they required more than what
the learned commissioner had directed, he would give
notice within a week.

CRIMINAL COURT.—(This Day.)

OLD COURT.
(Before the Common Sergeant.)

FORGERY.

Robert Charles Wyatt, aged 19, a clerk, pleaded guilty
to a charge of feloniously forging and uttering two orders
for the payment of 2501. and 91., with intent to de.
fraud the London and Westminster Bank.
The Common Sergeant sentenced the prisoner to four
years' penal servitude.

July, 1850, and transported for seven years, and that he REDUCTION
was liberated on the 13th of the present month.
Mr. Combe said he was surprised that such a character
should have been allowed a ticket-of-leave. From the do-
cument handed to him by the constable it appeared that
his sentence would have expired in a few months ; besides
that he perceived a piece of parchment attached to it, giv.
ing him a character. The latter set forth that " George
White's conduct was rather good on the public works, but
indifferent in the prison." Now, he should have thought
that sufficient for the authorities to hive detained him
until the expiration of his senteuc', and not send such a
character loose on the world with a ticket-of-leave. He
asked the prisoner when he was liberated from Portland
Prison ?

The prisoner replied that his ticket of leave was dated
the 10th instant, but he was not liberated until the 15th.
Mr. Combs —What, only out of p7issm a few days, after
suffering six years' penal servitude, and thou commi:, a
paltry robbery. What are you ?
Prisoner—Nothing at all, sir. However, I deny having
stolen the beef.

111 r. Combs was not at all surprised at the numerous
burglaries and garrotte robberies being committed daily
all over the metropolis, when such characters were allowed
liberty with tickets of leave. In the present instance the
liberated convict immediately returned to his old practices
without even making an attempt to gain an honest liveli-
hood. Ile should commit him to Newgate for trial, and
he hoped the judge who tried him would particularly
notice his ticket of leave.

Last night a public meeting, called by the association
recently formed fer the reduction of this tax from ltid. to
7d. in the pound, was held at the London Tavern, Sir
J. Duke, M.P., pre,iding. The large room was densely
crowded during the proceedings.
On the platform were a large number of the committee
and various influential gentlemen of the city who have
taken a leading part in the movement.
Th 3 CHAIRMAN, in opening the proceedings, observed
that the present large attendance showed the deep irit,
rest felt in this important puhject. In his place ie Parlia-
ment he had always endeavoured to support a distinction
between a tax upon income and a tax upon properly,
and, indeed, hedid not remember ever having beard tleit
thepr
proposition
contrary,t denied even by her Majesty's Ministers. On
they had always simply stated that there
were other circumstances which rendered an alteration
of the tax impossible. He believed, however, that if the
people e euld call upon their representatives in the House
of Commons to tell the Government that the tax must
be altered the Government would, somehow or other,
find the means of complying with their wishes. The
question ,v as one in which the great constituency of the
city of Lenclou was particularly interested, and he was
iglad
his p
t o
power in
thenp
rotti
ng
opportunityt
he
of
objectrendering
which they had soy as s an ci
no
view. It could not be just that the man who by diligence
and attention to business earned jut sufficient to main-
tain his family in comfortable circumstances should be
treated in the same manner as a person who poseseed
real property, and could lay his head upon his pillow
every night with the certainty of findiug something at
hand to support his family the next day. He did
object to the income tax so much on the ground of it,
inquisitorial character as upon the broad ground of
its injustice. He tru,tecl teat his views wouidcoaisn-
cide with those of the meeting generally, and he
sured them of his readiness to do everything in his power
to give effect to their wishes. (Cueers.)
Mr. Alderman SIDNEY then moved the following reso-
lution :
" That the present enormous charge of 161 in the pound
levied on income is, from the mode of its assessment, most
oppressive and unjust; and, as the understanding at the
time of passing the acts of Parliament by which the tax
was increased was that they were to continue in force for
one year after the termination of the war, and no longer,
this meeting is of opinion that those acts of Parliament
ought to be repealed from and after the sth April next."
He congratulated the chairman on the position which he
occupied at that meeting. As one of the members for
the city of London he only showed a proper appreciation
of the trust reposed in him by attending large meetings
of his constituency on political matters of this kind, in
order to make himself acquainted with their wishes, NO
as t: be enabled to advocate their views in his place in
Pariiament. He (Mr. Alderman Sidney) hoped that in
taking part in the proceedings he should not be accused
of acting in anything like a querulous or disloyal spirit
Speaking for himself and for the majority of the meeting
he believed he might safely say that they had never
shown a desire to exhibit disloyalty on the one hand, or
dissatisfaction with those intrusted with the confidence
ef the Sovereign on the other. In the City of London
of late years no attempt had been made to perplex her
Majesty's Government unnecessarily, but he was sure
that the people of London and of England felt at the
presenternoment that they were justified in coming for-
ward to arrest oppression and injustice. The meeting
bad been called together to consider the operation of the
Income tax. That tax had now been laid upon the peo-
ple for a period of 14 years. At the termination of the
war in 1816 the income tax was so strongly felt to be op-
pressive that the Government of that day recommeeded
its entire repeal, and from the year 1816 to the year 1812,
though we t ad various Administrations, not one of them
had thought it right or expedient to lay anything upon
the shoulders of the people in he shape of property or
,ncome tax. In 1842 Sir Robert Peel, one of the cleverest
-tatesmen who had ever wielded the destinies of this
ountry, was at the head of affairs, and, putting it upon
the ground of expediency, and as a temporary necessity,
ne asked the people to submit to a three years' income
tax, so as to enable the revenue to rebound from the fi,cel
~Iterations which he was then about to submit to Parlia-
nent. In that year, namely, 1842, several hundred ar
soles affecting the manufacturing and commercial lute
:•ests were either totally relieved or greatly modified in
:he duty placed upon them, which was thought to be a
great public boon. In the same year the manufacturing
osperity of the country was at a low ebb, disturbances
,ad taken place in Manchester and the neighbourhood,
sod it was a matter of great anxiety with the Ministry
old Parliament how to prevent a recurrence of disasters
vhieh had been most destructive to the country. It
vas therefore proposed to reimpose an income tax. Sir
Robert Peel defended the measure, not upon the greune
it the justice of the tax, because he confessed that it was

unequal in its pressure and in its operation ; hut he ted
Parliament that it was only for a tempera.ry purpose. A
iee of 7 1. in the pound wasthen imposed for three year-,
:rut in 1845, instead of keeping his word, Sir Robert Peel
round further necessities for continuing the tax. It mu-t
not, however, be forgotten that from 1842 to 1845 Sir
Robert Peel had introduced great and popular measurse,
and that not only had he relieved the trading and inane
lecturing interests to an amazing extent, but that he
tad instructed the tax collectors in the country to re•
,pect the returns made by individuals, and not to raise
an objecting voice except in eases ss here there were good
;rounds for believing that the returns given in did not
correspond with the actual incomes enjoyed. In 1845
the tsx was continued, but many other duties were
taken off, the tariff was lightened, and the country ap-
peared satisfied with the tax for tree years more. In
1848 there was another Ministry in office, and Sir C.
Wood, who was the.. the Chancellor of the Exchequer,
admired the working of the income tax so much that he
.uodestly proposed to double it. The consequence was
hat meetings were held throughout the country, protests
were made, petitions were sent ti Parliament, and in
the end Sir Charles withdrew his proposition, and simp:y
proposed the continuance of the tax for another year at
7d. Ii 1849 Parliament consented to swallow the tax
for three more years, and in 1852 Mr. Gladstone endea-
vour to make its working more equal, and showed that
it could be repealed altogether in 1860, when the lung
annuities fell in. We had thus had the tax for 14 years,
and we were to have it by statute for four years longer.
he interim we had had a war with Russia, and he
had no doubt the general feeling was that that war was
,ise ar.d necessary. (Cheers.) Indeed that feeling had
peen shown by the readiness with which th 6 country had
submitted to an increased taxation amounting to some-
thing like 30,000,0001. per annum for the last two years.
(Rear, hear.) He thought that the opinion of the people,
when expressed at such meetings as this, (ight to be re-
pected, and he believed it was their unanimous opinion
hat the income tax was unjust and oppressive ; nor was
t equal in its operation, inasmuch as it did not affect
the owners of realised property in the same degree as
those whose incomes were derived from trades and pro-
fessions. It affected to an immense extent tee middle
classes of society, and if it affected them only in pro-
portion to the actual amount of the income they realised
he thought he should scarcely oppose it. It was, how-
ever, because it operated upon the few that he stood
there to denounce it. He did not speak theoretically,
with a view of catching the popular feeling at a
'fleeting of that kind, but he was enabled to state of
his own knowledge that just in proportion as a man was
struggling with adverse circumstances, so in proportion
was ho oppressed doubly, trebly, and quadruply by the
tax assessor in regard to the income tax. (Hear, hear.)
Sir R. Peel promised that the tax should he levied justly,
with every consieeration to the honest and hardworking
ratepayers. But what class was it from which the as-
sessors of income tax were chosen ? Most:y from the class
of retired tradesmen—men, he did not
,hesitate to say,
most unfitted for the office. They were paid, too, in
proportion to the return made to the assessment, and
men who had only filled obscure positions were all at
once remunerated by an incem6 of 6,0001. or 7,0001.
s-year for carrying out a system of espionage into the
private affairs of the people at large. (Cheers.) Leaving
the question of injuetice, he considered that, in a moral
point of view alone, the present system was wrong. \' hen
the people assented without a murmur to the increased
taxation in order to carry on the war, it was promised
by the Government that the double income tax should
cease in April next, and therefore the Chancellor of the
Exchequer, by extending the time to 1858, committed a ,
gross breach of faith. In conclusion, he said if the ma-
jority
of the meeting_ considered the income tax unjust
and obnoxious, and that the mode of its collection was
by a system of espionage, encouraged by the Govern-
ment, they would declare to their representative their
intention to raise their voices unanimously against its
continuance. As a citizen of London he would not vote
fur any member of Parliament who would not endeavour
to procure its rerniesion. (Cheers.)
Mr. T. S. GORING seconded the resolution, observing
that he bad been for some time endeavouring to roue
the public to a proper sense of the grievance Iv- er
which they all laboured. No one grudged his share of
the taxation imposed in order to release trade from re-
striction ; and not only that, but when it was increased
on account of the war they did not object to it. But
peace had returned, and with it they had a right to ex-
pect the blessings of peace ; and one of the principal of
those blessings was a relief from financial burdens.
(Cheers.) He did not object to the principle of direct
taxation, and was opposed to exemptions in the abstract.
The practical grievance under which they laboured was
the war-tax, the removal of which would be a substan-
tial relief, and would not preclude them from considering
any further relief with respect to the original tax, or in-
quiring into the manner in which it was levied. Look-
jug
at the position of the country, they could not expect
to obtain relict from the whole tax, but they had a posi-
tive claim on the Government fur the remittance of the
a iditional impost. That was what they must first en-
deavour to obtain. They had a distinct a d positive
pledge from the Ministry that the tax should cease tes
the conclusion of war, but they bad taken advantage • f
a miserable quibble, for to all intents and purposes th•
moment the treaty of Paris was signed it took effect, and
had it not, happened that Russia and Turkey had been
so distant the ratifications would have been exchanger)
long before they actually were, and in such case the tax
must have been remitted next April. (Cheers.) Such a
breach of faith as had been committed by Goverrm:nt
would r.ot be tolerated a moment in a private contract.
The Government had insisted, like Slsileck, upon its
bond, its pound of flesh, and it would,
be hoped, find
that, like Shylock, it would be put out of court. At
the same time, the country, on its part, had tacitly pro-
raised that the original tax should remain till 1860, and
it they wanted the Government to keep faith with the
People fur the remission of the war-tax in 1856 they
must keep faith with it as to the remainder. This being
the state of thines,, what hopes were there thatth_oey
would succeed ? At the eneof the last peace the G
1814 the war-tax was taken off withpvenrsintnioleno.t
land the nation were in the same relative
odsie4(ti icitt
ph
leedegs cea
thatpe of
ai`--
the nest year
fiNt :goo
al el
do ne fromcasQ Elba in 1815