The Sun.
London, England, 1834-01-31 00:00:00

COURT OF BANKRUPTCY, JAN. 30.

(Before Mr. Commipsioner FONBLANQUE.)
JOHN MABERLY's BANKRUPTCY.

A meeting of the creditors under the fiat of
bankruptcy awarded against Mr. Moberly, the
banker, was held to-day for the further proof of
debts, &c. The National Bank of Scotland, early
in the proceedings under the bankruptcy, ap-
peared by their agent to prove for the balance of a
debt of about 1,0001. due to the Company by Mr.
Maberly. The Bank of Scotland held notes issued
by the bankrupt to the amount of about 2371., and
Mr. Maberly's firm held notes of the National Bank
to the amount of 1301. The National Bank were
allowed to prove for 7601., without prejudice to the
right of the Bank of Scotland to claim a set-off.
On the part of the assignees of Maberly the set-off
was disputed, the notes of the National Bank of
Scotland not having come into the possession of the
assignees, the agent of Mr. Maberly in Scotland
having arrested the notes in transits, to satisfy a
claim he had on Mr. Maberly before the fiat issued.
The question was brought before the Court of Ses-
sion in Scotland, and that Court decided in favour
of the agent. The question now was, had the
National Bank of Scotland a right to a set-off.
Mr. MONTAGU, for the National Bank of Scotland,
said the object of the present application was to
establish the rights his clients had to a set-off for
notes they held of the bankrupt against notes held
by his agent and issued by the Bank of Scotland.
If the set-of was allowed by the Learned Commis-
sioner another Court would be applied to, in order
to direct the assignees of the bankrupt's estate
to refund the amount of the notes of the Bank
of Scotland.

Mr. Commissioner FONBLANQUE said that as the
question of a set-off had been reserved when the
National Bank of Scotland had proved for 760/.,
the question of a set-off being reserved, the Court
clearly could make no order upon the subject. He
directed a minute: to be placed on the proceedings
to the effect that when the National Bank of Scot-
land proved for the sum of 760/. they were entitled
to a set•off

Mr. WALFORD appeared to enter a claim for the
balance on a mortgage for 30,0001. on the Spring
Park estate. The estate had been sold for 13,0001.,
and the value of the timber was about 4,2531. He
sought on behalf of the party representing the mort-
gage to enter a claim for 14,0004, being the balance
due on the amount advanced upon mortgage, in-
cluding arrears of interest and expenses. The ex-
ecutors and coheiresses to the property refused to
acknowledge the transactien, and therefore the claim
of the party for whom he appeared, who was
responsible for the money advanced on the mortgage,
ought to be allowed, until a bill had been filed to
compel the completion of the sale.
The COMMISSIONER said some parties were en-
titled to claim for the balance, and he should direct
a claim for 14,0001. to stand on the proceedings
until the 31st July next, to be then struck out if
cause was not shown to the contrary.
A claim was also entered upon the proceedings
for 2,5001., on the application of Mr. Walford, as
executor under a mortgage for 10,000/. upon Ham
farm, which had been sold for 7,0201., and the tim-
ber was valued at 697/. The claim was allowed to
stand for six months.

A claim was entered for the balance expected to
accrue on the sale of Coombe farm, which was also
mortgaged by the bankrupt.
A great number of proofs were entered upon the
proceedings by affidavits received from Scotland.
The total amount of proofs entered to•day was
between 8,0001. and 9,0001. The claims entered
amounted to 24,000/.
MESSRS. HARVEY'S BANKRUPTCY.

In this case the bankrupts were Matthew Ber-
nard Harvey and John Whittle Harvey, of Witham,
Essex, bankers, and a commission issued against
them in 1809. The debts proved were very great.
Mr. D. W. Harvey, M.P., addressed the Court,
and stated that he attended pursuant to a summons
in this case, the object of which was, he understood,
that he should :give up the proceedings in this
bankruptcy, in which he was sole surviving assignee
and representative of interests to the amount of
22,0001. As he fully approved of the present
system he had no objection to the appointment of
an official assignee, and would give that officer
every assistance. He was, however, desirous of be-
ing indemnified from any risk in giving up the pro-
ceedings.
The COMMISSIONER assured Mr. H arvey that
he would be fully indemnified.
Mr. Harvey said that on being officially called
upon for that purpose he would give up the papers.

(Before Ali. Commissioner WILLI A- Ms. )
- _

HURST, ROBINSON, AND HURST'S BANKRUPTCY.
The creditors under the separate estate of Mr.
John Hurst met to-day to audit the accounts and
declare a dividend. The amount of debts proved
is 6,404/. 13s. I Id., upon which a dividend of 4s.
in the pound has already been declared, and a fur-
ther dividend of Is. 7d. in the pound was to-day
announced. It is expected that another trifling
dividend will be declared.
No proceedings were taken in the joint estate of
the bankrupts, who were extensive booksellers, &c.

POLICE INTELLIGENCE.

GUILDIIALL.

Ye,terday Captain Kellar, of the ship Wellington,
trading between Cork and New Brunswick, presented
himself bettre Mr. Alderman KELLY, to solicit his
assistance in forwarding to their homes at C tk
eleven seamen. He stated that they sailed from
St. John's, New Brunswick, on the 23d of Decem-
ber, and after being at sea several days, the vessel
became water-logged, through the stormyness of the
weather. As the ship began to fill too fast to be
kept down by the pumps, he ordered some water,
brandy, and other stock to be brought up from
below ; but a sudden gust of wind, which occurred
on the 9th instant, when the vessel was 800 miles
from her destination, threw her on her side, all the
stock of provisions (except 41b5.,0f beef) was lost,
and a lady of St. Andrew's, New Brunswick, named
Turner, who was a passenger, and three of the crew,
were drowned. The hulk was righted; but
the sufferings of the survivors (a passenger named
tVPCreary, the captain, and eleven sailors) were
extreme. They met with no succour till the 19th,
and after they had divided the 41bs. of beef amongst
them, and had also devoured a cat, the pangs of
hunger and thirst became almost insupportable.
One poor fellow terminated his agonies by plunging
into the deep, and another died frost-bitten; two
days after they were taken on board the American
trader, which brought them into St. Katharine's
Dock yesterday morning. The snen presented a
most emaciated appearance.
Mr. Alderman KELLT gave the captain a sove-
reign for temporary relief, and directed him to apply
to the Lord Mayor on the following (this) morning.