The Sun.
London, England, 1845-01-20 00:00:00

TEEN STATUTE OF LIMITATIONS.

This was a rule to show cause why a previous judg-
ment, pronounced in this Court by Mr. Commissioner
Law, should not be set aside. The facts of the case were
as follows :—The insolvent had been indebted to a person
trimed Young, which debt became waived by the Statute
of Limitations. After hia insolvency, he wrote a letter,
acknowledging the debt, but in which there was no ditect
promise to pay. Mr. Commissioner Law refused to allow
the proof, and Mr. Nicholls, on behalf of Mr. Young,
moved for the present rule.
The COURT held that Mr. Commissioner Law was
right in the view he took of the case, and discharged the
rule, at the same time ordering that no re-assignment
should be made to the insolvent without due notice being
given to all his creditors.
IN RE JAMES SHALLIS.-EXTRAORDINARY SCENE.

The insolvent appeared in Court to be liberated on
bail. Upon the two persons who offered themselves as
sureties entering the witness•box, one of them, named
William Whitecombe, demurred to being sworn upon
the Testament.
Mr. Commissioner REYNOLDS (to Mr. Whitecombe)—
Why do you refuse being sworn upon the Bible I Do
you believe in it ? Mr. Whitcombe— I believe in all the
parts of it which are moral. I believe in those parts of
it which denounce falsehood and bearing false testimony
against my neighbour.
The CHIEF COMMISSIONER—Then do you only believe
in the Bible so far as those principles are concerned in
the same manner as you would believe in a novel or any
other profane work which embodies the same maxims ?
Mr. Whitcombe—Most certainly. I only believe in the
truths themselves and not in the general book in which
they are contained.
Mr. Commissioner POLLOCK—IS the Court to conclude
that you deny the Divine origin of the New Testament,
or that it is a work of Divine revelation? Mr. Whitcombe
—I do deny it.
The CHIEF COMMISSIONER—You may retire Mr.
Whitcombe. The Court does not require your presence
any longer.
Mr. Whitcombe and the other surety then left the
Court, and the insolvent was taken back to the Queen's
Bench Prison in default of bail.

THE HIPPODROME RACE• COURSE.-IN Till MATTER OF

JACOB CONNOP.

An application was made in the case of this insolvent,
who had been connected with the Hippodrome Race
course, to appoint en assignee before the hearing, with
the view of making the property at Notting-hill available
for the numerous creditors under the estate. The in-
solvent had sojourned among the Poor Knights of Wind-
sor, and a question was raised whether his residence in
the Castle-yard, New Windsor, was for him a privileged
place. He had, however, been taken in execution, and
was now a resident in Reading gaol, and his case had
been appointed to be heard on Feb. 7, before Mr. Cora
missioner Pollock on the ensuing circuit. The schedule
filed by the insolvent for public inspection, of which
notice has been given to the creditors, extends to
many pages. The debts in the aggregate are set
forth at 67,240/. lls. 3d., and the debts owing to
the insolvent, all of which are bad and doubtful, to
36,239/. 12s. The consideration debts from January,
1840, are mentioned at 63,232/. 95.; those without con-
sideration, 2,2001.; and those more than twice entered,
to 1,571/. 2s. 3d. The insolvency is attributed to the
insolvent not having had sufficient capital to work so
extensive a building speculation as the Hippodrome, and
farther, to his liabilities for three persons, inserted as
debtors in his schedule. He was a bankrupt in the year
1829, when he obtained his certificate, and the debts
still unpaid were in amount 80,000/. It seems that the
insolvent's income had been about 2,0001 a-year, and his
wife had a separate property of 2501 From a statement
in the general balance sheet, it appears that the insolvent
has an expectation that if the property be properly
worked it would produce as much as 10,0001. over the
debts due on the same. The debts due to various
creditors on simple contracts, for work done and mate-
rials supplied, amount to 9,0001.; and the charges on the
buildings to secure debts to creditors, are in amount
40,369/. There are.lo6 creditors and nine debtors in
the schedule.
Mr. WOODRUFFE now applied to tnake the rule, which
was granted a few days ago, absolute, for the appoint-
ment of Mr. R. Laurence, a builder, who was a creditor
for upwards of 2,000/., as assignee. The Learned
Counsel remarked that the insolvent had been lessee of
the Hippodrome, and employed the various parties to
erect buildings on the ground, which belonged to Mr.
Ladbroke, who was anxious to benefit the creditors. The
arrears of ground rest amounted to about 6001, and
work had been done by the simple contract creditors to
about 12,000/. ; and Mr. Ladbroke had it in his power
to work a forfeiture, but he was willing to continue the
leases on the payment of the ground-rent. The object
of the application was, therefore, to clothe a creditor
with the office of assignee, in order that the buildings
might be completed and sold for the benefit of the
creditors.
The CHIEF COMMISsIoNER asked whether the insolvent
was in attendance ?
Mr. WooDRUFFE said he was not, but he supposed be
would like to be.; he was in Reading gaol.
The Learned COMMISSIONER said he meant whether
he showed cause ; he might have been out on bail.
The COURT ordered Mr. Laurence to be appointed
assignee.

The Earl of Ellenborough is still prolonging his so-
ours at Leamington Spa.