The Sun.
London, England, 1844-07-19 00:00:00

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, July 18.
IN RE GEORGE AUGUSTUS SEWEL CHAPDIAN-DRURY..

LANE THEATRE.

The Court was crowded during the hearing of this
case by persons connected with the theatrical profession.
The insolvent's petition was opposed by Mr. Nicholls,
on behalf of the proprietors of Drury-lane Theatre, and.
by Mr. Crouch, on the part of Mr. Pitcher. He was sup-
ported by Messrs. Cooke and Woodruffe.
Mr. BURGESS, Solicitor to the Committee of Drury-
lane Theatre, stated that the insolvent rented the saloon
in this theatre for 400/ per annum, having the privilege
of selling books, bills, fruit, &c. The rent was to be
payable half-yearly, and in July, 1842, he owed rent to
the amount of 2501., and when applied to for payment
he replied, that the alteration in the rules and customs
of the theatre, introduced by Mr. Macready, in prohi-
biting females of a certain class from frequenting the
saloon had so far lessened the receipts and profits of the
saloon that be was quite unable to pay so high a rent.
Although the 'Committee had refused to take 6001 a-
year for the saloon, they consented to take 100/ out of
the 2501., and release him from his engagement, but the
insolvent would not accede to this proposal, and an ac-
tion being brought by the proprietors the insolvent put
them to 1001. costs by vexatiously defending it.
Cross-examined by Mr. COOKE—Mr. Macready de-
prived the insolvent of many of the privileges which he
possessed previous to that gentleman becoming lessee of
the theatre. Mr. Macready also reduced the number of
acting nights from 200 to 116, and then, of course, the
insolvent must have suffered. He had also forbidden the
admission of females of loose character, and had fixed a
reduced rate of prices for the refreshments served in the
saloon. The Committee had nothing to do with these
arrangements. There was also a Sub-Committee, con-
sisting of four members and a chairman. The Earl of
Glengall was the chairman of. this Committee, and the
members Sir W. Curtis and Messrs. Ramsbottom, Allen,
and Cabbell. The insolvent's family had rented the
saloon for upwards of twenty years, during which time
they had paid to the proprietary nearly 20,000/
Mr. Pitcher's opposition rested upon the insolvent
having employed him to defend the action brought by
the proprietors of the theatre, and having vexatiously
defended an action brought to recover the incidental
law costs.

Mr. COOKE having addressed the court, in favour of
;he insolvent.

Mr. Commissioner LAW 'said the insolvent had no
right to complain of harsh treatment on the part of the
proprietors of Drury-lane Theatre. In the case of Mr.
Pitcher a gross fraud had been committed. In the pre-
sent stage of the proceedings he should adjourn the case,
in order that the schedule which was now very imper-
fect, might be amended.

COURT OF BANKRUPTCY, July 18.
(Before Mr. Commissioner HOLROYD.)
IN Tun DA-NKRUPTCY OF CHAMBERS AND CO., LATE OF BOND-
STREET, BANKERS.
This day was fixed for taking an audit in this extraordi-
nary case, which has been for the last twenty years promi-
nently placed before the public, both before this Court and
every other Court of Law in Westminster, and is even now
awaiting the decision of an appeal to the House of Lords as
to the right of sale in the assignees of the Italian Opera
House. The commission was dated in November, 1824, and
since that period Mr. Chambers, sen., has been the inmate
of the Fleet Prison, while his accomplished daughter was
compelled to support herself by the public exertion of her
talents.
Mr. Hamilton to -day attended for the assignees, and put
in a statement of the bankrupts' affairs, the receipts and pay-
ments from the commencement of the bankruptcy in 1824 :
The payments on account of the Opera House include up-
wards of 20,000/. for improvements and substantial repairs,
18,0001. for fines on renewal of leases, and between 12,0001.
and 13,000/. on account of the purchase money.
The property of the bankrupts now consists of—
The Opera-house (subject to a claim by Mr. Wa-
ters to an annuity of 250/., the arrears of which,
with the redemption price (5,0000, amount to
about 13,0001.), valued at
Estate at Chettle
The Enfield property has been sold for 6,2001, to
three-fifths of which the assignees are entitled,
which, after deducting expenses, will amount to 3,50,1
Whetstone and Northam 2,000
Four-fifths of a moiety of some property in Kent 2,500
Supposed balance on the settlement of accounts
between Mr. Chambers and Mr. Waters, under
a decree of the Court of Chancery, the pro-
ceedings in which are suspended by the
appeal now pending in the House of Lords, in
which judgment is expected to be given this
session
Funds in the Court of Bankruptcy .••

£lOO,OOO
30,000

30,000
18,900

Total supposed assets (subject to the above claim) £186,900
The debts proved and to be proved against the
joint estate amount to (about)
Ditto against the separate estate of Mr. Chambers,
the elder
The Learned Gentleman now stated that he wished to call
the attention of the Court to an item which was also some-
what involved in the bankruptcy of Messrs. Wright, the
bankers—namely, a charge for warehousing some 5,000 or
10,000 books, although of that immense number only 100
could be of the slightest possible use ; and he, on behalf of
Chambers' assignees, objected to the payment of so much
rent. He had suggested that those useless books should be
thrown at once into the river Thames, but the official assig-
nees had not the courage to do so.

The official assignee (Mr. Groom)—l certainly had not
the courage.
Mr. Commissioner Houtprn—There must be some plan
obtained in which to deposit them.

HAMILTON thought that only St. Paul's Churchyard
would be large enough to hold them.
Mr. Commissioner Houtovri--The question of a place for
the deposit of bankrupts' books and papers is now before the
Lord Chancellor, and will, I trust, be speedily brought to
some determination, as it is undoubtedly one of considerable
importance.
Mr. Hamilton said he could not understand the utility of
preserving useless books and papers in bankruptcy, perhaps
so far back as the year 1703 ; but to revert to Chambers'
affairs, as there were now several creditors in attendance,
they might probably wish to know how it happened that no
dividend had been yet declared, either upon the joint or
separate estate, and hence, upon the part of the assignees,
he was now ready to explain the larger items in the state-
ment which he had just presented for their information,
though, at the same time, that could only have been
offered to them in round numbers. Great difficulties had
occurred in the sale and purchase of the Opera House, which
formed by far the largest asset in the list. The Opera
House, then, was origioally to have been purchased from
Mr. Waters for 80,0001., but before being completed by Mr.
Chambers, he became a bankrupt. In the year 1829, bills
were filed in Chancery to compel the purchase and sale, a
decree was obtained, but a difficulty arose, as Mr. Waters
then resided in France, and the assignees could not make
a good title. Mr. Waters, however, dying in 1839,
a portion of that difficulty was obviated, and three
new assignees were chosen. A. conditional contract
for its sale for 100,0001. was made by them, but
another difficulty arose from the circumstance of Mr. 'Wa-
ters' representative then residing in France, when the assig-
nees felt themselves authorised to offer him 5,0001. for his
; but subsequently it was
his demise lodged an ap-
p oseusainis
dt a
thatngca n
Hst irt perfectingh Waters
before his
before the House of '
Lords, and which was still
found
ei .
edecreeh taihdne tcithlae
pending the decision of their
Lordships. The intended purchasers were then advised to
relinquish their intention—the negotiation was immediately
broken off, and the issue was only now awaiting the judg-
ment of the Lord Chancellor, which he (Mr. llamilton) had
every reason to believe would be in favour of the assignees ;
and if that were so, and no other difficulty should arise, then
a very large item would come to the credit of the estate.
After going through some other details, he said the total
assets were then, as he had before stated, 186,9001., subject,
however, to a possible reduction of about 13,000/. ; and if