The Sun.
London, England, 1857-11-02 00:00:00

LONDON, MONDAY EVENING, NOVEMBER 2, 1857.

LAW INTELLIGENCE.—Oct. 31.

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COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE MOSLEY AND MOSLEY—RIGHTS OF PUBLISHERS

OF NEWSPAPERS.

The bankrupts, Charles and John Marlow Mosley,
were news-agents, carrying on business at 16, Catherine•
street. This was the first meeting under the bankruptcy.
The petitioning creditor is Mr. W. H. Smith, juo., of
the firm of W. H. Smith and Son, advertising agents,
of the Strand.

Amongst the parties attending to prove debts was
Mr. Cope, publisher of the Times, who sought to prove
for 5001., for papers sold to the bankrupts.
Mr. Ford, who was taking the proofs, said he under-
stood there were several persons seeking to prove as
publishers of newspapers for papers supplied to the
bankrupts. The proprietors themselves were not pre-
sent, but the publishers were the persons who supplied
the papers ; and the question arose whether they were
not the proper parties to prove.
Mr. Edwards, the official assignee, asked if the pub-
lishers were not engaged at a sa►ary I
Mr. Ford replied in the affirmative.
The Commissioner—l suppose they sell the papers for
some one else I

Mr. Ford—Certainly. The proprietors are in some
cases a very numerous body, and it would be inconve-
nient to call on them to attend here.

His Honour said it would be necessary for them to
make the proof. The publisher could not go so far as to
swear that the debt was one due to him, and that
he had received no security. If a party made a contract
in his own name, ha might take advantage of it in his
own name ; but this did net seem t ) be the case here. ,

Mr. Ford—l find that the publisher is responsible to'
- ,
..th&Proprietors for tbe papers suppliea.
The Commissioner—lf he sold them at his own risk,
and in his own name, the case would be different.
Mr. ford—He sold them as the publisher. The pro-
prietor knew nothing of the parties to whom they were
sold, nor of the sale. They were sold by the publisher
at hi+ own risk.

The Commissioner—What to is prevent the proprie-
tors from afterwards bringing an action against the
bankrupts ? The rule of law is that an action on a con-
tract may be brought either by the party who made it
or the party who is beneficially interested in the con-
tract ; but the rule in bankruptcy is to require the party
beneficially interested in the contract to make affidavit
that the debt belongs to him.

Mr. Ford—ln the case of newspapers the very object
of baying a publisher is to place somebody before the
world who can make contracts, so as to relieve the public
from the necessity of suing the whole of the proprietors.
The Commissioner—That i 3 all very true ; but when
you tell me that there is a proprietor, you must produce
him, to swear that the money is due to him, and that
he has not received any satisfaction or security.
Mr. Ford—l can call the party seeking to prove, who
will state that he considered the debt due to himself.

The Commissioner—No "natter what he may state.
The party interested is the party to prove. There can
be no difficulty about it. The proprietors need not at-
tend here personally ; they can send an affidavit.
The proof was then ordered to stand over. It was
stated that the debt due to the Times is altogether about
8001.

Mr. Smith, jun., the petitioning creditor, was chosen
trade assignee.
From a preliminary statement of affairs, prepared by
Messrs. Hart, accountants, it appears that the bank-
rups owe about 5,5001., with assets of 1,5001.
Mr. Flews asked for an allowacce of 21. a week to the
elder bankrupt (upwards of 70 years of age), whioh was
granted.

NAVA.L AND MILITARY INTELLIGENCE.

Orders have been received at Chatham Garrison
directing the members of the gimer4 court-martial
which assembled at Chatham barracks on Aug. 19th
last for the trial of Lieut.-Col. J. Clarke, Ist West
India Regiment, to reassemble on Wednesday
next, under the presidency of Col. H. H. Jervis,
H. R. H. the Commander-in-Chief having directed
the proceedings in one of the cases which came be-
fore the Court to be revised. The other prisoners
tried by the same court-martial were Capt. J. S.
Macaulay, Ist West India Regiment, and Capt. C.
J. Dowse, Royal Artillery.
On Saturday nearly 300 recruits from the various
recruiting districts in Great Britain and Ireland ar-
r►ved at Chatham garrison for the purpose of join-
ing the scaveral Indian depots at the Provisional
Battalions. The strength oftho garrison at Chatham
is about 5,000 men of all ranks, nearly the whole
of whom are ready to embark for India and take
the field whenever their serviets are required. The
total number of recruits who arrived at Chatham
during the month of October exceeded 1,500, the
whole of whom are being trained for service in

The following medical officers have received
orders to join their respective regiments—Assistant
Surgeon Aplin, 68th Light Infantry, at Portsmouth,
and Assistant Surgeon Whittaker, 69th Regt., at
Devonport.

The following officers have been granted leave of
absence frill]. their Indian depots at Chatham :--
Capt. J. S. Manley, 27th Enniskillens ; Capt. D.
R. Croasdaile, 61st Regt. ; Capt. L. N. D. Ham
mond, 90th Light Infantry ; Lieut. C. J. Coote,
18th Royal Irish; and Lieut. T. F. Lewis, 23d
Welsh Fusiliers.

Some alterations and additions are about to be
made at the North and South batteries at Great
Yarmouth.
Nearly 200 recruits have arrived during the week
at the Colchester Camp, the present streng,h of
which is estimated at 2,320 rank and file. Soml of
the men who are unfit for further service will shortly
be discharged at Chatham. On Saturday a detach-
ment left the camp for the Clacton-marshes, for the
purpose of rifle instruction. A party of the Rifle
brigade have also left for Hythe for the same ob-
ject. The camp suffered a good deal last week
from the heavy rains with which the eastern district
was visited, and more efficient drainage arrange-
ments are now in progress.
On Friday the Renown, 91, new screw steamship,
made her final trial from Sheerness. During a run
of five hours and a half her average speed was 12-65
knots per hour,. Her engines and all her machinery
worked in a highly satisfactory manner.
On Friday evening the officers of the flagship
Waterloo at Sheerness gave an amateur theatrics
performance, followed by a supper and ball, to a
select assemblage of the naval and military officers
and their families.
The Ordnance sea embankment on the north-
east side of Miletown, Sheerness, having during
heavy gales of wind sustained considerable damage,
at times threatening the town with inundation, the
Board have directed Messrs. Kirk and Parry, con-
tractors, to put it into an efficient state of repair.
The following appointments were made on Sa-
turday at the Admiralty :
Commander Henry J. Evans to the 'mama ;
Lieut. Thomas H. Collingwood to the Heron;
Goo. P. Heather, master, to the Heron ; Sir Lamb-
ton Loraine, midshipman, to the Heron ; Henry J.
Martin, midshipman, to he Spitfire ; and G. J. B.
Elphinstone, midshipman, to the Diadem.

FUNERAL OF GENERAL CAVAIGNAO.

PARIS, SATURDAY.

The funeral obsequies of General Cavaignac took
place this day in the church of St. Louis d'Antin.
The various detachments of the garrison selected
to pay the last military honours to the deceased
began to move from their quarters at 11 o'clock,
and shortly after that hour took up position in the
Rue Caumartin and the other approaches to the
church.- The detachments were taken from the 45th
and 85th of the line' with a-battalion of foot Chas-
seurs • at their head rode General de la Charriere,
with his staff. The cortege left the General's resi-
dence, 29, Rue de Londres, at half-past 11, and
reached the church a few minutes past 12. It was
opened by a detachment of the Chasseurs of Vin-
cennes, followed by two troops of Hussars, four
companies of infantry carrying their colours, riddled
with shot and bearing the word " Sebastopol."
The eagles surmounting them were veiled with
crape, and the drums were muffled in the same
sable covering. Two mourning carriages followed
for the officiating clergyman and his assistants,
and then came the hearse, surmounted at each
corner with tri-coloured flags intermingled with
lofty black plumes. The General's sword and
military decorations were laid on a velvet cushion,
which was borne after the chief mourner—General
Cavaignac, the uncle of the deeeased. The ends of
the pall were held by MM. ..dchaux, Bastide,
Guinaud, Bayard and \l4.64,adtlit
the deeesteci4edirotled—:-. or were 'very laume-
roes; grid among them were a few working-men in
their blouses ; then came the General's private car-
riage and eight mourning coaches. When the

hearse turned into the Rue Caumartin from the
Rue St. Lazare, the cure of the church of St. Louis
d'Antin, accompanied by his clergy, issued out in
procession, and received the body at the church
door, wh le a funeral symphony was executed by
the military bands. After the usual prayers at the
entrance, the coffin was placed on the catafalque
before the h gh altar, and the military hat, sword,
and star were deposited on a cushion of black vel-
vet by its side. Amon.. the persons who stood by
the catafalque were MM. Odier (father-in-law of
the deceased), O'Dillon Barrett, Dufaure, Piscatori,
Crewieux, and a considerable number of political
and literary celebrities. Mass was celebrated by
the cure of the parish, and the solemn music was
executed alternately by the choir and organ and
the military band. The ceremony was performed
throughout amid the profoundest attention. After
the absolution was pronounced the body was again
placed in the hearse, and the cortege, preceded by
a squadron of Ilus,ars, and followed by the de-
tachments of infantry already mentioned, moved
from the church by the Rue Chaussee d'Antin,
Rue St. Lazare, and Rue de Clichy, to tLo
cemetery of ontmartre, the burial-place of
the family. The streets in the neighbourhood
were crowded with people, and the windows of
every house in the Cuausseo d'Antin, Rues St.
Lazare, Victoire, Provence, Joubert, St. Nicolas,
Londres, Tivoli, and Clichy, from which even a
slight glance could be got of the hearse, were
thronged. A troop of the mounted Paris Guards,
and several squads of Sergents de Ville kept the
passage clear, and their exertions prevented confu-
sion in the narrow thoroughfares. All was con-
ducted with order and regularity, though the crowd
who accompanied the hearse to the gates of the
cemetery could hardly be less than 15,000. A small
portion only of the cortege was admitted inside.
Most of those forming it wore well-dressed persons,
apparently merchants and shopkeepers, who, no
doubt, remembered with gratitude the services ren-
dered by the deceased General in June, 1849.
There were not many of those unmistakeable
characters who usually swell the funerals of other
political leaders, and it was remarked that there
were at least six times as many of the Republican
party present at the funeral of Godfrey Cavaignac,
the General's brother, who died in Paris not long
before the revolution of 1848. Every one expected
to see an Imperial carriage in the train, but such
was not the case. As the hearse passed slowly along
every hat was raised, and the spectators often re-
mained bareheaded until it was out of sight.
The body was interred in the family vault, where

lie the remains of the general's m9ther, and his
brother, Godfrey Cavaignac. No speech was pro-
nounced over the grave.
Among the political and private friends of the
deceased were most of his colleagues in the govern-
ment of 1848 anal many other well known person-
ages. The most remarkable were MM. Senard,
Odillon Barrot, Crewieux, Duvergier de Hauranne,
Frelon, Vaulabelle' Bixio, Colonel Guinard, Car-
not, Dufaure, Ferdinand de Lasteyrie, Hao
Dubochet, Betlimont, Jeanron, Jules Simon de
Tocqueville, Generals Rulhieres and Piat. The
pall-bearers were MM. Goudchaux and Bastide
(both ex-Ministers), Colonel Guinard, and a work-
man in a blouse, named Baillard, an elector of the
circumspection of Pat is for which General Cavaig-
nac was recently elected. The chief mourners were
General S tan islas Cavaignac, M. Fermin Cavaignac,
and M. de Foissy, all cousins of the deceased.
The usual military salutes were fired over the
grave.

It is perhaps not generally known that General
Cavaign:te's was never considered a good life. When
he was only a c tptaiu in Algeria, a general,
in a .report] speaking of him in terms of high
praise, observed that he was an officer who had a
great career before him if his health would permit.
In 1839 he was obliged to leave his regiment for a
long while on account of illness. lie bad long suf-
fered from disease of the heart.
On the 17th of July last be wrote to his friend
M. Senard that he pa.sed his life with a sense of
palpitation and suffocation, and, punning upon his
malady, said he perceived that nothing iu the world
was less grand than a Bros aeur.
The Constitutionnel, while declaring that it was
always opposed to the political views of the de-
ceased, does not hesitate to speak of his military
and private character in terms of high praise. It
says :---

" General Cavaignac figures in the noisle list of
military captains formed in the school of Africa. He
occupies a most honourable position between Mar-
shal Bugeaud, the master of a crowd of glorious
pupils, and the brilliant generation illustrated by
St. Arnaud, Canrobert, Pelissier, Mac Mahon, &c.
We will not inquire, like some over severe judges,
whether he commanded those eminent qualities,
those sudden inspirations, those magnificent reso-
lutions which make great commanders. The latter
are rare in all ages. It is sufficient to consult the
history of Algiers to render justice to the military
talents of General Cavaignac. When the French
selected for Minister of War the brother of God-
frey Cavaignac, rather for his name than for his
merits, it found in him not a party leader, but a
commander capable of defending civilisation, when
threatened, against the Huns and Vandals of
the 19th century. General Cavjgnac was not found
wanting in that difficulty. He displayed in the
streets of Paris the coolness, tenacity, and courage
which he had brought to bear against the contin-
' gents of Abd-el-Kader. His plans may be open to
criticism ; but none can question his devotedness
and energy. It will, moreover, be remarked that
the bitter censure directed against the conduct of
General Cavaignac in the days of June proceeded
from the ranks of the Republican party. We, at
least, cannot be reproached with having attacked
him. When,in the inquiry opened by the Assembly,
Republicans accused the General of having disobeyed
the formal orders of the executive commission, iu
not having concentrated sufficient troops in Paris,
when the first democratic orators reproached him
with having served as the instrument of a coterie
the, candidateship of General Ca-
impatient of power, we never dreamt of question-
hu.ge I residency of the Republic, we
question-
ing his claim to the gratitude. of the country.
Wh
I from pronouncing a single word
whi
committed
mtoitl
tde
dt
clinvlleliascoecijoatpubolosdsttlablen.einterpreted into a slur on his cha-
racter as a public man or as a military commander.
ae a statesman,
times yielded too readi. its ; that he some-
lyto illusionswhich his friends
careless of compromising his name, suggested to his
mind. apvearigt:
We set aside all these eloudsin order to IF ld to
a single point, namely, that one day, after escaping
from a very great danger, public opinion admitted
IVe
General Shall
that the General had merited well of his country.
That day we shall never forget, and we inscribe it
as a glorious date on the marble of his tomb."
The following is the language of the Debats:—
" France has lost. one of her most illustrious and
best citizens. This is not the moment to call to
mind the eminent claims which General Cavaignac
had acquired to the gratitude, the esteem, and the
affection of the public. In the perilous post which
the revolution of February placed him, he had the
glory and the happiness, which are bestowed on
but few men, of saving his country and society,
when threatened by one of the most terrible crises
they had to pass through for a period of sixty
years.
From the elevation of his character, Ins
s•raightforwa!al conduct, and by the ardour and
• sincerity of his patriotism, the General was one of
the men in whom the country had most placed its

confidence. May the universal manifestation of
public grief be, for his afflicted friends and his
cruelly-tried family, some compensation for the
terrible and unexpected blow which has removed
him from their affection and their hopes 1"