The Sun.
London, England, 1844-04-05 00:00:00

LAW INTELLIGENCE. '
COURT OF BANKRUPTCY, April 4
(Before Sir C. WILLIAMS.)
IN. RE CHARLES MATHEWS, THE' COMEDIAN.
Mr. *Charles James Mathews, the comediai, ap-
peared 'before the Court to-day, for the purrose of
undergoing his Anal examination, and, if no ( pposi-
tion should be offered, 'of receiving the order Lf the
Court for his protection against any further pro-
ceedings of creditors against him.
Sir C. WILLIAMS asked if the parties were ready

to proceed?
Mr. Lewis, who appeared for lir. Mathews, replied
they were quite ready, and he was not aware that
there would be any opposition to-day; He had handed
n the file of "the insolvent's debts to the Registrar of

the COurt. -
Mr. Froggatt, the solicitor; said, as a creditor, he
felt it hii duty.to oppose the nomination of Mr. An-
derson as an assignee. . ..
The Registrar said, that if Mr. Anderson were ob-
jected to, there must be an appointment. by the general

body of the cfeditors.
Sir C. Nirthi,iAms - said Mr. Anderson had been
nominated as a Cash cetitoi for 890/.; arld'his nomiL.
nation had retelved the general assent of the creditors.
Mr. Lewis said there had been no 'objection to Mr.
Anderson's circumstances before, and his solicitor
stated that he was in perfectly solvent circhmstanees.•
Sir C. WILLIAMS said he had not the power to no-
minate ;it rested with the creditors. It was quite
immaterial to him who :was appointed; but he should
take care that the creditors should benefit as much as
possible, as far as lay in his power. The funds could
never vest but in one hand, according to the provisions

of the Act of 'Parliament.
Mr. Froggatt said 11Ir".Anderson had himself been,
recently a bankrupt, and if a man could not conduct:
his own affairs, he was hardly a fit person to take the
management, of another's: • ,
Mr. Lewis said it was eight years since Mr. An-
derson was a bankrupt.
Mr. Roberts, who appeared for Mr. Anderson, said
that Mr. Anderson had sworn that he had paid all his
debts--even his, turf debts.
Sir C. WiLuasis—Except, if he recollected rightly,
and his memory was very tenacious, except corn-
:mission debts—aebts arising out of bets which
he had been commissioned too make for others
who had not paid him. He stated that they had
authorised him to make bets, and if he won they
received the money, but if he lost they refused to
.pay.--(Laughter.)
' Mr. Froggatt sa,id, as he understood the money
would go to the official.as.signee, he was quite
-satis-
fied, and would offer no other opposition,
Sir .C. WILLIAMS-said; from the commencement of
these proceeding-a there had been some sagacious per-
sons who had been pleased to express their opinion,
that he ought to act with great severity towards the
insolvent, and had communicated these opinions by
anonymous letters. He had, however, endeavoured
to do all in his power to forward the interests of the
creditors without this, and at the same time without
forfeiting the letter of the law. Mr.. Mathews, he
thought,. had made a Most creditable and liberal
offer ; and he would not offer any remarks upon his
present position or poWer of realising his Promises,
But if hiis health were spared, and he continued the
exertions, which he had commenced,` he thought the
creditors would soon have 10s. in the pound: Sup-
pose- he bad , acted on the 'suggestions of the. very
sagacious persons to whom he had alluded, would-this
have been the case ?
Mr. Froggatt—Your observations, Sir Merles, do
not apply to me.
Sir CHARLES WILLIAMS—Oh. no, Mr. Proggatt;
but I have many.anonyrnous advisers. I assure:you
I get 0.. great many sagacious,.promptiugs'since the
penny postage %system. has come into bperaticm.,—
(Laughter.)
Mr. Lewis pow addressed the Court, and stated
that Mr. Mathews was here to-day on sufferance as
defendant to a. suit of the Crown for 331: 8s: 2d.,
claimed as the amount of taxes. A writ of execution
lid been issued for the money; but Mr. Tiinm; of the
Stamp-office, had consented to allow the matter to
stand over until he (Mr. Lewis) could apply 'to this
'Court. The object of his applieation was, that this
'skim should be allowed to be paid.
: Sir C. WILLIAMS thought it was much better.that
it sliouldfhe paid, as any other course would -only be
taking money.out of the pockets of the 'creditors.
The-.writ having been put in, and proved on the
oath of Mr. Lewis, the debt, after some further con-
versation, was allowed,
'The Registrar asked when Mr. MatheWa would
begin his payments towards . the liquidation of his
debts? Mr. Lewis said something would he paid

to-day. „ . .
• The Registrar--But the monthly payments"? •
Mr:. Lewis said that, pending these proceedings,
Mr. Mathews had saved for his creditors 290/.,but to
enable-him to earn that money, it had been neces-
sary that he (Mr. Lewis) should advance him 731. to
go to Liverpool, and for the purchase of the neces-
sary dresses:
Sir C. WILLIAMS--Those dresses will be useful in
future, I suppose.
Mr.-Mathews—Oh, • certainly, Sir Charles ; there
are fifty-six of them, and they are all in perfect order.
Mr. Lewis continued to say he had advanced this
money on a pledge that he should be repaid, and-he
now applied for the sanction of the Court for its re-
, gayment. out of the amount of the earnings which lay
to-his account at the Bank of England.
Sir C. WiLmsis Could not, comply with this re-
quest, not having the power, but had the greatest
celiifidenee• that the creditors would; do everything
that Waireatoneble. •
After'Some-further conversation and arrangements
as to' the' Conn encernent of the periodical payments
by.,Mr. MathewS; the final order was signed for his
protection friititall further proceedings. • , -
It was. ultimately arranged that the payments
should 'be quarterly or half-yearly, and date- from
the 13th of April.--

ASSIZE LINTELLIGENCE.
NORTHERN CIRCUIT.—Liverpool, April 3,
.03efort-Mr. Justice ComritAx.) •
AMIN' AND ANkfTELBR' v. FAITH AND OTHERS.
• This was an action to recover.ls6l: 1.55. brokerage
fdr Obtaining a charter•for the ship l'agEoni; belong-
ing to' the defendants, as trustees for a company,
called the • London, 'Newcastle, and South Shields
Shipping OtiMpany. ; - ; • .
Mr. Watson and Mr. Cardwell appeared for the
,plaintiff's; and Mt. Martin and Mr. Sergeant Murphy;
forthe defendants: - - . • • ; •
It -appeared front the• evidence of Mr. Willis; of
the firm of Chapman' and Willis, brokers, of this
town; that in Idle' year 1840, they were general
agents and broliers -at-Liverpool for the company in'
question. The` defendants were trustees of the'com-
pany,•and had acted. as such at several general meet
ings. Amung other vessels which.- Chapman- and
Mitts had, tutaler their care for the company was 'the
ship Taglitini;'for which in August, 1840, they sought
to ,obtain a freight. For this purpose they applied,; as
Mi. "Willis. stated; to Aikin,; the plaintiff,. who finally
Obtained a customer air the ship, in a person of the
name' of Boggs, and she was finally chartered •for-
"yoYage to Calcutta and . baCk at 91. 10s.. per - ton.
Tljis offer was cominunicated by Chapinan and Willis
to-', Mr, I„pdkely,'" the Secretary of the • Company at
London: It was 'approved of. 'On August 28, the
Cliiirter-party was executed through Aikin and Co.,
arid on the 29t11 A copy 'of the 'same was forwarded by
Chapman ar i 1 Millis to' 'EtleY, On this copy the
Weak " James Aikin brokers,'-' were printed
at the, to of the yage., The, receipt Of this was ac-
kpayleagOlty. t,dg'ely;.ter the company. The vessel
spp on the .13tOposed .voyage: for ; some time
after, awl in .the interval was sold absolutely' to Boggs
the charterer,'se that' she never actually carried-any
freight under the charter-party. It appetired,' how-
eier, from the statement of Mr. ZViltis, and other
.
persons who, were 011:ed,-that- the right of the boker
to ham, commission accrued hint ediately, tsti the •-ekecn.
tion Of the charter-:party,`althongh as' a matter Of
commercial practice-be sobloth 'requited payment till
the freight had -actually been carried: 'Under these
circumstances, no chile: was roads- by Aikin on' the.
company until itn;-"grst of Rtigtist,..lB43; in *hich
interval.:,l3?ggs,:the purchaser of. the Taglioni, had',
become hankrup' t.: About that date Mr. EdOly, tts
secretary", received a lettey from Aikin 20 Co:, say-'
lug that their mutual friends, Chapman in-a Willis,
`had. I,en in communication with' him (Edgely)
on the snbjtct
.of the commission for thecTalinni,
and reque_stmg that it might'.be• settled; as it had
ggh.tchhat4onthaep huaidis, been •
been long due. TO that 'they 'received a • reply,
hwaoduirdeftbiseediaTi entteefrotraeinthieti,ri Ituttritnthhc:ait,tni:A.e.exikt Directorsc 111neg.r.
alreadyi made
tt4h'irtioull
the parties, in the course of which
Some further correspondence then o' took glace eftrit,
the trustees; stated their determitatianonat.roestst the
Subsequently on
claim, awl alleging that it should he
the purchaser of the vessel. Boggs,
Edgely proposed, to avoid that the cv‘.ver,
should, accept half the-brokerage (namely, 781: 7s.
stating that Chapnaan„-and illis liad consented to
abandon the other halt; to. Practice tof'
the trade, they were • entitled, • 'lhis gave .rise. to a
ddrespondence between C4pinan and -Willis and
Me.; Edgelv, the former deifying that they:had' made
any.sueli-nifer, . admitting. that they had agreed,
as.the ,case was. sornev.-ha,t hard, ty :•onttrit with.
one hail of the; gross amount of conunis4(4l paid to
whatever that might 'Mr.2Willia and
se'vera'l other witneses were_examined, as to tile' prac-
tice in`: Liverpool as to brokeritge, ana stated it.to be,'
that. when; there was a bri?ker fer• the ship,' and a
broker also -for the merchant : chartering the. vessel,
that the-two brokers
,divided . the gross -amount
comtniisiOn, between them. It; appeared'. also
:usual -fuithe.- broker through Whose hands. freight;
mber,.,,zArriid4firef papeci, 404,0.1. tlie::whoie, corn--
mission from the freight before le t*--freight