The Sun.
London, England, 1850-06-13 00:00:00

TftE SUN, LONDON,

in the public mind, and an earnest hope was enter-
tained that he might pass scatheless through the
painful ordeal to which he was about to be exposed.
The stern rigour with which any breach of the com-
mercial code was regarded by the Commissioners of
that Court the vast importance of its deci-
sions to the trading community, and the
danger of establishing a precedent which
might by any possibility, be tortured into a
precedent for the justification of extravagant
or reckless conduct, were also well known, and
anxious fears were entertained lest in the discharge
of his imperative duty the Learned Judge migbt
have deemed it necessary to inflict further punish-
ment on one who had already been so heavily
afflicted. These fears have, however, happily proved
groundless. In an able and well-considered judg-
ment, which reflects the highest credit on the
Learned Gentleman, Mr. Commissioner FANE, whose
great experience in all matters relating to bankruptcy
must give the greatest weight to his decisions, has
exonerated Mr. DELAFIELD from the charges brought
against him, and declared him entitled to his certifi-
cate, which it was insisted should either be altogether
withheld, or that, if granted, it could only be alter a
considerable suspensive, and on condition of devoting
a large portion of hie future earnings to the liquida
tion of his existing debts.
The facts were simple. Mr. DELAFIELD on attain-
ing his majority had come into possession of 100.0001.
bequeathed to him by an uncle, and was also entitled
under his father's will to a reversion in the further
sum of 6,000/. He was shortly afterwards admitted
into the house of COMBE, DELAFIELD, and Co., from
the profits of which he derived a further sum of
2,5001. per annum, so that he found himself at that
early age in the enjoyment of a clear income of
7,5001. per annum. He had been educated at Ox-
ford, and there bad probably contracted certain habits
of extravagance which the alumni of that University
are generally supposed to acquire during their so-
journ, to at least as great an extent as classical
knowledge. His fortune and expectations were well
known. He could find no difficulty in obtaining any
amount of credit which he required from the civil
and accommodating tradesmen. The only wonder,
therefore, was that his university debts only amounted
to 3,0001., and that a much larger sum was not re-
quired. He did not immediately receive his
money on coming of age, and being anxious to
pay off all his creditors, he borrowed a sum of
4,6001. in March, 1846, which it was agreed
should not be repaid or demanded without twelve
months' notice on either side. In that year, 1846, he
entered into a small theatrical speculation, bringing
over the Brussels Operatic Company to sing in this
country, by which he lost 2,3001. In February, 1847,
he presented a sum of 5,0001. to his friend (Mr. WEB.
STEIL), and in the latter end of August of the same
year he withdrew his capital from the brewery and
became the lessee of the Royal Italian Opera House,
where his losses in two short years amounted to no
less than 81,355/. Indeed he was "thoroughly
ruined" at the end of the season of 1848, and, although
he struggled on for a time and kept the theatre open,
he had to fly the country to avoid arrest in April,
1849, and the fiat was struck on the 12 h July in the
same year, which brought him within the jurisdiction
of the Court of Bankruptcy.

The of to his certificate were partly on
public and partly on private grounds—the public
being, profuse and reckless personal expenditure and
making away with his only remaining assets,
when his circumstances were utterly hopeless. The
gift of 5,0001. was also alluded to in this part of the
case. Tne only private complaint was by the lender
of the 4,6001., who had instituted proceedings for its
recovery without giving the notice which he was
bound to give under the terms of his agreement, and
who was consequently obliged to pay the costs of the
suit.

On the first point, of profuse expenditure, it
appears that his personal expenses amounted during
the period that elapsed between his coming of age
and bankruptcy to 22,0001., of which 3,0001. was ap-
plied to the liquidation of his Oxford liabilities ; his
personal outlay then amounted to about 5,0001. per
annum, or little more than two-thirds of his actual
income at that period. It might have been impru-
dent not to live more sparingly. A. bachelor,
without any incumbrance, could undoubtedly
lead a very comfortable and pleasant exist-
ence on a much smaller income, without
being compelled to submit to any great privations, or
to deny himself any gratifications in which he thought
proper to indulg,. But, notwithstanding these facts,
it could not, as Mr. Commissioner FARE justly re-
marked, be termed " reckless expenditure in a person
who had above 7,000/. a year." Neither could the
gift o 5,0001. to Mr. WEBSTER, although such dona-
tions are by no means of ordinary occurrence ; for it
appeared that at that time, and after mekiog the large
present, Mr. DELASIE,I43 had 80,0001. remaining in the
hands of Messrs. COMBS and Co. over and above every
demand ; and the recipient of his generosity had been
his most intimate friend during his college career,
where he had rendered him services of the utmost
importance, and it was also supposed that he was
about to become very closely connected by a mar=
riage, then in contemplation. This ground of com-
plaint, then, also failed.

The assignment of the debts of the concern to Mr.
BEALE, in April, 1849, was a more 'formidable point.
There is nothing which the Court guards against with
greater vigilance than any undue or fraudulent pre-
ference in favour of one creditor at the expense of the
general body. Mr. DELAFIELD had assigned all his
remaining assets to Mr. BEALE the very day of his
departure from the country to avoid arrest. But a
small portion only was for an existing debt; by
far the greater part was to enable the performances to
be continued, which gave the only chance to the bank-
rupt of in any degree retrieving his• position, and was
(the expenses having been already incurred and en-
gagements entered into) the best course for the
general body of the creditors.

The matter did not therefore really call for much
censure, and if it had, it had been condoned by the
acceptance of 1,0001. by the assignee, with the consent
of the general body of the creditors. The opposition,
then, totally failed on public grounds, and the private
matter was not more tenable. A gentleman thought
proper to bring an action, contrary to the express
terms of his own agreement; Mr. DeLartELD de-
fended it from not having received the stipulated
notice. Had he done otherwise, it is by no meting
improbable that he would be charged with having
given an undue preference in favour of his old friend
and college companion, Mr. EVERSFIELD.
The Learned Commissioner most properly decided
against the condition that was asked for. Nothing
can be more impolitic than to clog the future in-
dustry, to mortgage the labours of any man who has
no other dependence. It would prove a mill-stone
about his neck, from which he could never extricate
himself'; it would deprive the creditors of the chance
of payment, which they might have at some future
time from his honour. Not one case in ten thousand
that pass through the Insolvent Court is afterwards
paid through the steady industry of the insolvent.
It may from future bequests, although the probability
is that it prevents any legacy from being left to the
party. It would, then: tire be useless to the creditors
and most unfair to the bankrupt, from whom it would
take away every gleam
of eam of hope.
a
Asomtoetthhien g chance
from
that it would afford
his wealthy relatives, that alone
coincide
that rea-
son against it. All persons
will, extractingw
therefore,s
ef aososrtu sufficient
young
in the propriety of the judgment
at
refused it,
and bestowed his certificate on the un
man, who has received " a terrible is ni which we
trust may be of use to him during his future exist-
ence.

The rule which had been obtained from the Court
of Exchequer, calling upon the Commissioners of
Land-tax in the Holborn division of the county of
Middlesex to show cause why they should not meet
at the usual place, and make an equal pound-rate for
the several parishes and places within their division,
was yesterday discharged with costs. The real
merits of the case were not entered into; there
was no decision on the true intent and meaning of
the 38th George 111., cap. 5. The Court deter-
mined that any jurisdiction it might formerly
have possessed was taken away by the sth and 6th
Win. IV., cap. 20 ; that consequently it had no
a r
au_ thattoherei ty
Commissioners,to
f
that they had made such
w
and conelleto, aAlllthinotueignhtsit awnud
ppoutrporojeusess, binding
, that
i
o

less than 2s. 6d. in the pound was charged upon pro-
perty situated in one of the subdivisions which they
had formed for their own personal convenience, while
another and more prosperous district was permitted
to escape for the comparatively trifling contribu-
tion of 1-Bth of a penny in the pound, or
1-240th part of that for which their neigh-
bours are held responsible. This decision goes
to this extent, that the Commissioners,
who totally disregard the trusts and abuse the ex-
tensive powers confided to their hands, are to be held
utterly irresponsible ; that there is no tribunal that
can reverse their decisions, or provide an adequate
remedy fur the monstrous injustice inflicted under
their authority, and that they are to receive their
costs from the aggrieved parties, who may venture to
complain of their erroneous orders.
%V e cannot, however, regret this result. We
have already pointed out that any judgment
of the Court ulna prove utterly inadequate,
under existing circumstances ; and that the in-
terference of the Legislature is essential to re-
store a full and perfect equality of rating throughout
the entire kingdom. It is fortunate, therefore, that
judgment has been so promptly obtained, as it will
deprive the advocates of the existing system of their
chief argument—that which has already been ad-
vanced by Sir CHARLES WOOD, viz.: "That all the
remedit 3 which the law allows have not been already
exhausted."

Parliament must now enter upon the consideration
of the question. It alone can provide a fitting solu-
tion for the difficulty ; not merely the tax-payers
have complained of. the oppressive and unequal as-
sessment of the impost, but even the Commissioners
themselves have applied for further powers. Sir
CHARLES WOOD will doubtless endeavour to avoid
the subject during the present session. It is,
to him, a matter of but little moment how unfairly
the charge may press on different districts, pro-
vided the stipulated amount be paid into the
Exchequer. Non olet nummus appears to be
his rule of action, and it will require no ordinary
stimulus to induce him to take any step which has
not for its object the obtaining additional revenue.
But why should the independent Members remain
idle and apathetic ? Can the Honourable Gentleman
the Member for Buckinghamshire forget that his
constituents are obliged to pay an average rate of
is. 20. in the pound, and the electors of the adjoin-
ing county of Bedford Is. ld. in the pound, while
those of Durham escape for lid., of Cumberland
for id., and of Lancashire fur ?Id. in the pound ?
Can the Premier even be satisfied that the citizens
of London should be mulcted of ls, 04 d., while the
inhabitants of Manchester and Sheffield only pay id.
or one 1-49th part thereof. Can Lord NUGENT, the
liberal and upright reformer, whose high rank and
hereditary title has not diminished his zeal for the
popular cause, be satisfied to see Aylesbury paying
3s. *I. in the pound, while Liverpool only
gives 1-24th of a penny ? We are certain
that a construction so impolitic and unjust cannot
be sanctioned by any Honourable Gentleman. All
that is necessary is, that the matter should be brought
forward to insure an equitable decision.
It is, however, left to the Government to decide on
as a matter especially deserving of their notice. But
so it will remain, and be shelved for an indefinite
pE,ried,ifsome independent Member do not inquire into
their intentions, and give notice of motion for leave to
introduce a Bill, unless he shall obtain a satisfac-
tory assurance that it will be brought forward
without any unnecesary delay within the present ses-
sion. We trust that the question may be speedily
asked, that the aggrieved parties may be made ac-
quainted with what they have to expect from Minis-
ters. Meantime, the deputies from the different dis-
tricts should not relax their exertions. They have
already rendered valuable service to the community
by bringing under notice the existing inequalities,
by the tracts they have published, and the proceed-
ings they have instituted. Let them persevere vigo-
rously and energetically, and they must succeed.
" A long pull, a strong pull, and a pull altogether,"
and a speedy and an easy victory will be achieved.

Mr. Bunn, the late lessee of the Theatre Royal
Drury-lane and Covent-garden, has lately been giving his
dramatic monologue at Derby and Liverpool with great suc-
cess. The Derby Mel cury, in noticiitiethis interesting tectin e,
&c., says," While bestowing, without one single drawback,
ui.qualified praise on every part of Mr: Bunn's performance,
we are called upon especially to notice his exposition of the
ordinary way of rendering the language which Shakspere
has given to the witches in Macbeth, and his delivery of it
in the way it undoubtedly ought to be delivered. Mr. Bunn's
reading, of the second interview between the Weird Sisters
is the most consummate mastery of the art of recitation, ac-
companied by the most energetic action we remember to
have witnessed. In addition to the moat important informs.
tion, Mr. Bunn delights us with those displays of humour
that convulse the hearer with laughter.
LETTER FROM THE DUKE OF WELLINGTON.-A
short time since (says the Court Journal) the rector of a
parish situate in one of the Midland counties, having by dint
of much personal exertion obtained subscriptions towards the
restoration and repair of his beautiful church, still found
himself unable to meet all the claims which the outlay had
occasioned. To supply the deficiency, he wrote to many
persons of wealth and eminence in the country, politely
apologizing for the intrusion, and soliciting their aid. The
folloNs ing is a copy of the reply which the worthy rector re-
ceived to the application which he made to his Grace :
" F. M. the Duke of Wellington presents his compliments
to .11r. —. As Mr. feels that his letter needs apology,
the Duke will say no more on that subject, but he must
add that, as there is not a church, chapel, glebe-house,
school, or even a pagoda, built from the North to the South
Pole, or within the utmost limits of the earth, to which he
(the Duke of Wellington) is not called upon to contribute,
the :,tike is surprised that Mr. —, having already raised
7,500/. towards the restoration of his church, should make
application to the Duke, who has nothing to say either to
—, or to —shire." Immediately upon the receipt of
the epistle the Rev. Gentleman was offered five guineas for
the autograph, which he readily accepted, entering the
amount in his subscription-hat as the Duke of Wellington's
contribution to the fund.

A BODY POUND IN THE THAMES.—Last even-
ing, between seven and eight o'clock, the body of a man was
taken out of the river Thames, off Dowgate-wharf, Lower
Thames-street. From all the appearances of the dress of
the deceased, it appeared that he had been employed as a
bargeman, or otherwise employed in canal-boats. The body
was conveyed to the parish vault, wLere it. awaits a coroner's
inquest.

Passengers are now actually brought from Dublin
to Liverpool for fourpence a head. Liverpool is, in conse-
quence, infested by gangs of vagrants who have come over
for the purpose of begging ; and a capital thing some of
them make of it. A select vestry have issued an advertise-
ment requesting housekeepers to•discountenance the system,
by giving no alms.at their doors to unknown parties.
INDIAN NEWS.—Yesterday a Court of Directors
was held at the East India-house, when Sir Timothy Van.
sittart Stonehouse, Bart., was appointed a provisional mem-
ber of Council at Madras. Lieutenant-General Sir William
Maynard Gomm. K.C.8., appointed on the sth inst , Com-
mander-in-Chief of the Company's forces on the Bombay
establishment, was further appointed second member of the
Council of that Presidency.

A YOUNG WOMAN KlLLED.—YeAterday evening,
shortly after six o'clock, a servant girl, aged 17 years, was
observed to be cleaning an attic window of Mr. Vaughan,
paint manufacturer and oilman, 56, Stone's-end, Blackman-
street, Borough. While some of the passers-by were re-
marking upon her foolishness in having placed herself in so
dangerous a position as the window-sill, they were horrified
to see that she had suddenly let go her hold, and, falling
backwards, after turning over two or three times, she fell
upon the pavement with a fearful crash. Medical assistance
was immediately at hand, but all human aid was useless,
her head being so dreadfully fractured that her death must
have been instantaneous. Fortunately none of the pas-
sengers received any injury from her fall.

PARISII OF ST. MART, NEWlNGTON.—Yesterday
the poll of the above parish, which bad been appointed at
the vestry held on Friday last, commenced at the boys'
school-room, High •street. The question arose out of the
recent borrowing of 40,000'., and making contracts for the
erection of buildings at Walworth villa, for the accommoda-
tion of the infant poor by the board of guardians, without
the consent or knowledge of the parishioners. At the last
vestry a vote of censure upon the guardians was proposed,
and in opposition to it an amendment was carried, express.
ing approbation of their acts. Mr. Wills then demanded a
poll, which was fixed for today. On the close of the poll at
five o'clock, the numbers were—for the amendment, 83;
against it, 37; majority for the guardians, 46.
CATTLE FUOI.I AFRICA —A vessel which has aT•
rived from the West Coast of Africa has brought several head
of live cattle, as a portion of a cargo, the produce of that
quarter of the globe, and consigned as merchandise to parties
in this country.

company was held yesterday at the company' o ,
DYFMGWN MINING COMPANY.--A meet, this
Jewry, Mr. P. N. IladAv in the chair. No report or accounts
inffigcel Old .
were submitted to the meeting, although it appeared that
the assets wet e 3331 65., 4d., against which the claims, up
to the 31st of May, were 2061. 23. I Id. ; the contemplated
produce of the mine was twenty tons of lead ore per month,
although the sale for the last two months had been only five
tons; arrangements weie made for a supply of water power,
and no further call was required at present. In the course of
the discussion which arose, Mr. English submitted that in
suture a repot from the committee, as also a statement of
an c,ci
monuunstisi shoulddb en
pl ao ind. b eTfohr
ee t
ehxe
pme
ne ed ti it cugr
e, wplenrc hm
nwnatsh uwn
was
s-
stated to average 225/., while the total returns had not ex-
ceeded 50/. A desultory conversation ensues, with refer-
ence to the management of the mine, which resulted in its
being understood that a comnAnication should be made with
the agent on the subject.
An eel, a foot and a half long, and two and a half
inches thick, cut off the supply of water to the Glasgow
Police-office las.t week. It was found tightly wedged in the
service pipe, which had to be broken to pieces in order to
extricate it.

Tx': CUD nsnnatEs.—The vessel William Panton,
arrived from Harbor Grace, Newfoundland, bas brought 395
casks of cod, and 1 cask of pale seal oil, and 28 casks of
t,
blubber, consigned, and also 76 casks of cod, and 23 casks of
seal oil, and 4 packages Of CO,lfi
that district 2ibery.. to order, the produce of