The Sun.
London, England, 1834-10-01 00:00:00

THE SUN, LONDON, WEDNESDAY, OCTOBER 1, 1834.

sion of an opinion that to catechise out of church is
permitted. A second appeal was answered as follows:
THE LORD BISHOP MF KILMORE TO THE REV. T. A. LYONS.
" January 4, 1834.
" Rev. Sir,—lt is now late to apply for a licence.
" I am, Rev. Sir, yours faithfully,
" GEORGE KILMORE.

" To the Rev. T. A. Lyons."
The appeal to the Primate has produced "no opi-
nion upon the case," as hiS secretary takes care to say.
The partiality crowns the cruelty and oppression of
the case. Such is the effect of turning a church to
patronage ; the Bishop has a son in a rich living, and
the son must be defended in any use he may make of
his authority. The preferment which is held as a for-
tune will generally be huslyanded with more of the
spirit of mammon than of righteousness and equity.
Out of 1,8001. a year, the vicar pays less than 80/.
to his curate, and turns him out of bread at a mo-
ment's warning, for saying nay to an order believed to
be against a canon of the church ; and yet there are
men who have the impudence or the infatuation to as-
sert that the Irish church needs no reform, even while
its most boisterous and forward champions are proving
the case against it by their own offensive examples.
In the instance under observation we see how vain it
would be to rely on the heads of the church for cor-
rection of abuses and redress of grievances.— Times.

COURT OF REVIEW.-TUESDAY, SEPT. SO.

IMPORTANT JUDGMENT.-W. LAVENDER'S BANKRUPTCY.

In the present case the bankrupt was a farmer of Hert-
fordshire, and a question of some consequence both to the
agricultural and mercantile interests was involved in the
case. A. fiat was issued against the bankrupt in July last,
and after the usual proceedings had been beard before Mr.
Commissioner Fane, who was of opinion that the trading of
the bankrupt proved the act of bankruptcy fully established,
an appeal was promoted to the Court of Review to make
the bankruptcy null and void, on the ground that the fiat
had not been established legally. On both sides arguments
have been entered into for some days before the Chief
Judge of the Court of Review. Mr. Sergeant Wilde (hav-
ing been retained with a large fec):-and Mr. Montagu ap-
peared on the part of the alleged bankrupt in supporting a.
petition to set aside the fiat, and Mr. Temple on the behalf
of the petitioning creditor.
The CHIEF JUDGE (the Hon. T. Erskine), having named
this day for giving judgment in the matter, took his seat at
eleven o'clock ; and, after the cause had been called on,
said the application to the Court was made on behalf of
William Lavender to annul a fiat issued against him, the
act of bankruptcy being denied, and it being stated that he
had ample means of liquidating all claims upon him. Two
points had been strongly urged in support of the trading of
the petitioner and the act of bankruptcy. The acts of trad-
ing relied on were the purchasing and disposing of sheep by
the alleged bankrupt in 1828, 1829, and 1830. It appeared
that Lavender had been a farmer up to the year 1828, when
he parted with a farm in Bedford, and returned to Hertford,
his place of birth, to settle there ; but this intention was
not carried into effect for some time, and during the interval
it was proved and admitted that he had bought and sold
sheep upon his new farm. The question to be decided by
the Court was whether this was a trading within the
interpretation of the Bankrupt Act, and whether these
dealings in sheep were entered into with an intention
on the part of the petitioner of dealing generally. If the
Court was satisfied that it was the intention of Lavender so
to deal, the opinion of the Court would coincide with that
of the Learned Commissioner in finding that the trading on
the part of the petitioner had been established. An act of
bankruptcy depended on the intentions of the party. La-
vender was indebted to one party 5731. 10s. an acceptances
which were not honoured. At the time the bills were in
circulation Lavender was negotiating for a loan, and on the
promise that the bills would be taken up and security given,
' time was given by the holders of the bills. The alleged
bankrupt-was arrested, when it was proposed to mortgage
some property and give a joint covenant to secure the debts,
but the following day Lavender went to London, and did not
return till the 18th July, and in the mean time an execution
was levied on the farming stock, &c., by virtue of a power of
attorney. A docket was struck against Lavender, and it was
contended that his absence from home was for the intention
'of causing delay to his creditors, and the whole question
rested on the fact whether by his absence he had such inten-
tion ; if so, it was an act of bankruptcy. A point of law
had been raised, whether, as Lavender had not kept his ap-
pointment to meet his creditor in order to give security for
the debt, instead of which he had left his home, an act of
bankruptcy had not also been committed. In the case of
Wyndier and Brown, Lord Tenterden had left it for the
Jury to decide, whether, when the party had promised to
meet his creditor, but faled so to do, it was an act of bank-
ruptcy. It not to be inferred that the absence of the
party was to delay and defeat the creditor without proof.
Another instance was referred to by the Learned Judge, by
which it was plain that the debtor absented himself to delay
his creditors, he having made a declaration that he was
afraid of an arrest, and therefore absented himself. It was
clearly laid down by a decision of Lord Ellenborough, that
when it was the intention of the party to delay a creditor,
an act of bankruptcy was committed. In the present case,
however, the party had gone to London to endeavour to
raise the means to pay off the debts due from him. It was
known that a loan was in progress of being obtained for
him ; the title-deeds of the estate were approved of, and the
draught of the agreement drawn up. The excuse of La-
vender, therefore, for his absence, was honest ; he was
endeavouring to procure money to pay the claims upon
him, in order that he might still keep on his farm,
and the creditors could not have been delayed by this act
within the meaning of the Bankrupt Law. There was a
further point. Supposing Lavender had proceeded to
London to get a loan, and was defeated in his endeavour,
and had remained there, this would have constituted an act
of bankruptcy. The Judges had decided that where a
debtor had tried to raise money to pay his debts, but failed,
and kept away from his creditors, an act of bankruptcy
would be established. But in the present case such was
not the fact ; the negotiation was nearly complete when
the fiat was issued ; and, considering all the circumstances,
it was his (the learned Chief Judge's) duty to pronounce
that the fiat ought to be rescinded, with costs.
Mr. Temple applied for an issue.
The Court thought the application too late, and ought
to have been made before the case was decided.

Mr. TEMPLE said the question was of importance.. The
decision might in this instance defeat the bona fide creditors.
The Counr stated that though they had every desire to
do justice to all parties, there appeared nothing in the case
in question to induce it to depart from the usual course,
and to rescind the fiat with costs.

Mr. TEMPLE then intimated that an application would
be made for a rehearing.

POLICE INTELLIGENCE.

MANSION-HO USE.

John Smith, a young man who was some days ago brought
before the Loan MAYOR charged with having plundered
his master, Mr. Clarke, the extensive warehouseman of
Tower-hill, of pieces of linen and lawn, and other articles,
by means of forged orders, as well as by other means, was
yesterday finally examined.
Mr. Hobler, jun., appeared for the prosecution.

It will be recollected that a man named John Sims, .who
was in the habit of selling umbrellas at the corner of the
street in which the prosecutor's warehouses are, stated that
he pawned goods for the prisoner at various times. This
witness, having whetted his memory since his first examina-
tion, now stated that he had pawned articles exactly upon
four occasions for Smith.

The prisoner requested that the Lord Mayor would be
so good as to adjourn the consideration of the case, as he
trusted to be able to compromise the affair.
The LORD MAYOR said that he could consent to an ad-
journment on no such ground.

Mr. Hobler, jun., said that his client entertained not the
most remote idea of allowing a compromise to take place.
The extensive business of the prosecutor, and his great
liability to plunder, made it necessary for him, notwith-
standing his decided reluctance to wound the feelings of
the very respectable relations of the prisoner, to prosecute.
Upwards of one hundred persons were employed on the
premises, and upwards of one thousand were employed out
of them, in the various departments of the trade.
The LORD MAYOR said he had made inquiry into the
character of the witness Sims, and ascertained that it was
good. He stated this fact in justice to that person, as some
suspicion seemed to attach to him at the first examination.

The parties were then bound over to prosecute for the
Forged orders.

A number of pawnbrokers then came forward with pieces
of linen and lawn, and other goods, which had been pawned
at their houses by the prisoner, who had procured them
from Messrs. Cooke and Gladstone, Messrs. Leaf and Co.,
and other great houses, in the name of Clarke. The goods
which had been pawned were worth about 2001. Daniel
Forrester produced the several tickets, and the pawn-
brokers readily gave up the goods to Mr. Clarke, who is of
course responsible for them to the several houses from
which they were procured.
The prisoner, who appeared in deep affliction, was then
fully committed for trial.
John Mitchell, the driver of a cart, was brought up.
A witness stated that as the prisoner was drivit,,J; his horse
and cart down to Cox's-quay, the passage to which is
tremely narrow, a boy got. in the way, and notwithstanding
all the exertions of the prisoner, who endeavoured to stop

the horse, was crushed between the wall and the cart, and
ldlled.

The master of the driver gave him an excellent charac-
ter for humanity and caution, but
The LORD MAYOR said that the man must remain in
custody till the verdict of the coronest inquest should be
known.

Several pickpockets were brought up and sent to Bride-
well for various terms. One of them slipped a silk hand-
kerchief out of the pocket of a person who was passing
along the street, and got off with it. The loser, upon miss-
ing the handkerchief, went into a shop, and purchased a
cotton handkerchief. He soon afterwards passed by the
place where he had lost the more valuable article, and felt
a slight tug at his coat. He suspected that the fish had
caught at the bait, and seized the prisoner by the collar, and
called for an officer. The experiment proved to be a good
one, for the Complainant found his silk handkerchief along
with several other handkerchiefs on the person of the prisoner.