Star.
London, England, 1821-01-31 00:00:00

COURT OF ALDriMEN.

The LORD MAYOR held a Court of Aldermen yes-
terday, at the Guildhall, which was numerously at-
tended. The Aldermen present were—
Sir C. Flower, Atkins, C. Smith, Magnay, Sir C. S. Hunter,
Sir J. Shaw, Sir C. Glyn, Sir W. Leighton, Sir William Curtis,
Birch, Waithntan, Cox, J. J. Smith, Wood, and nothwell.
The Court was occupied until two o'clock, upon
ordinary and routine business. The doors were then
thrown open for the admission of the Public, and the
appeal cause of Mr. Gisames against the election of
Common Councilmen of the Ward of 'Walbrook,
called on for hearing.
Mr. GIBBONS then appeared at the bar, attended
by his Solicitor and witnesses. Mr. BOLLAND at-
tended as Counsel for MTMOODWARD against whose
election snore particularly the appeal was directed,
and, as one of the City Counsel, took his seat at the
table within the Bar. The body of the Court was
crowded to excess.
The Petition of Mr.GLIBONS was then read by the
Deputy Town Clerk. The prayer was, that the elec-
tion of Mr. Woodward should be declared void, and
that Mr. Curtis, the next candidate, should be de-
clared duly elected, or that the Court would direct a
precept to be issued for the election of another Com-
mon Councilman in the stead of Mr. Woodward.
_ _

On the Petition being read, Mr. Alderman ATKINS
suggested that an order of that Court, of the 12th of
December, 1676, which was referred to in the Peti-
tion, should be read before Mr. Gibbons opened his
case. This was objected to by the Aldermen WA ITII•
MAN, SHAW, and WOOD, and, after some conversa7
tion, overruled.
Mr. GIBBONS was then permitted to proceed.—He
commenced by stating, that if he had taken a correct
view of the subject he was about to bring under their
consideration, the Court of Aldermen was the proper,
and, in his conception, the only Court that could le-
gally take cognizance of the present question. Con-
ceiving this to be undoubted, it was not his intention
to have occupied any very considerable portion of
their time in preliminary arzument, but have-pro-
,ceeded at once to the question at issue. But, per-
ceiving he was to be opposed by Counsel, and aware
that. in the event of the defendant's declining to call
evidence, he should have no opportunity of replying,
he felt he must, not only impress upon the minds of
the Court his own argument in support of the case,
but endeavour also to anticipate the objections which
might he argued in answer to the facts and reasoning
he might feel it his duty to bring under their notice,
which, he trusted, would be his apology, if he should
appear to trespass too long upon the time of the
Court. In bringing this question , before the Court,
lie disclaimed all personality against Mr. Woodward,
of whom he knew nothing, and whom he had never
seen until he (Mr. Gibbons) had determined to try
the present question with him. His objections to the
eligibility of Mr. Woodward were-fi: it, that he had
compounded with his creditors, and secondly, that
he had been a bankrupt. That these unfortunate cir-
cumstances formed a ground of disqualification
against Mr. Woodward, he trusted Le should be able
to shew, not only from the natural effect such circum-
stances produced, by placing the individual in a situa-
tion to render him incapab'le of fulfilling the duties
of the office, but also from the wording of the Precept
directing the election, and a clear, though ancient
order, now unrepealed, on the records of that Court.
The Precept itself directed the election of the most
honest, most sufficient and discreet men, and he
could scarcely believe it would be contended, that
the defendant came under that description. But if
anything were wanting to explain the meaning of
those words, the Order of that Court of the 12th of
December, 1673, was decisive upon the subject. Mr.
Gibbons here read the Order, the substance of which
was, that the Aldermen of each Ward do cause no-
tice to be given to their respective Wardmotes, not to
elect as Common Councilinen, persons who have been
jconvicted of defrauding in weights and measnies ; or
who, through inability to pay their debts, have com-
pounded with their creditors, and nut paid twenty
shillings, that Court apprehending that the election
of such persons might degrade and disgrace the
City. Ile was aware, he observed, that the word
bankruptcy was not to be found in this Order, and
that it might also be contended that the compound-
ing merged in the bankruptcy; but if the act of
compounding with creditors, which was the minor
disgrace, was sufficient to form disqualification,
surely bankruptcy, a still greater disgrace, most be
taken as still stronger reason for exclusion. In the
former periods of our history, the, bankrupt was
looked upon nearly in the same light as a criminal,
and there were still instances which it might be
difficult to discriminate between them. He did not
mean to apply this assertion to the defendant, but it
must be allowed that the extremes of right and wrong
were so fine, that it was hardly possible to distin-
guish correctly where the honesty ended and where
the vice began. Within the space of two years and
a ha, this defendant bad made a composition with
his creditors, agreeing to pay them 105. in the pound,
viz. Bs. present money, and 2s. by bill at twelve
months,, and became a bankrupt, the whole proceeds
under his. commission amounting to no more than
twenty-pence in the pound, a first and final dividend.
From these concurrent circumstances, he was placed
in a werse situation than if he had merely been a
bankrupt ; for by the Statute, all his future property,
with the exception of his necessary apparel, and fur-
niture, and working tools, and even his time itself,
were at the mercy of his creditors; who, by paying
2s. tic!. per dayi could legally demand and insist
upon his attendance. How then was it ppssihle that
be could be deemed one of the most honest and most
sufficient men of the Ward, when it thus appeared
he had no property, and might be prevented attend-
ing the duties of the office? Such a disqualification
would almost render him ineligible for a common
constable. The worthy Gentleman concluded a
very elaborate speech of upwards of two hours, by
expressing a hope that if the, Court should determine
that the defendant was eligible to be a member, they
would at last alter the wording of the Precept, which
at present seemed to limit the. Electors to the choice
of the most /mot and Waft stecient•aten of the Ward.
Mr. BoLiamo, attending on the part of Mr. Wood-
ward, addressed the Collat., contending that they, had
not. the power to passage Order in question, nor to
narrow. the rights ads, Electors..
AU parties thew. vaithdresir, and the Court pm.
cegdexl. to. consider da sentsl ciroumvAcce, and.
finally ilismissed Ake Prilion;
. •