The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-05-29 00:00:00

BANKRUPT COURT, LONDON, FRLIDAY, Brty 22.

INPORTANT DECISION.--FRIENDLY BANKIXPTCIES.
IN THE MATTER OF ItoBERT CALEY, A BANKRUPT.—A at
having issued against the bankrupt, described as of Queen's-
row, Walworth, merchant and bill-broker, on the petition of
Henry Littler, of No. 2,-.Sparrow-corner, Minories, meat-sales-
man, this day was appointed for his last examination.
The bankrupt was brought up in custody from Whitecroses
street prison. By his balance sheet it appeared that-ttrii 6bte
amounted to £1,643 Is. 5d., and his liabilities to .£36 650,
chiefly'en bills, as he stated, rawn by bim on General Palmer
for the general's accommodation. Amongst the creditoristated
as the holders of such bills, were George Pennell, formerly of
Piccadilly, £20,000; Lewis Levy, 6, Palace New-road, Lam-
beth, £10,000; Fife, Long Acre,, £3,500 Henry Gomperts,
Portland-place, L 3,000; Phineas Davis, Red Lion-square,
£500; Butler, Devonshire-street, Queen-square, £5OO.
The only debt proved under the fiat was by the solicitor wise
sued it out, Mr. Thomas Brown, of No. 13, -Rood-lane,- whose
debt amountedto £571 Bs. 10d, for money lent to the bankrupt.
The only. property disclosed by the bankrupt was a debt
stated to be good, and amounting to .£6.
The learned Commissioner, in giving his judgment said to
the following effect :—" The property. appearing in the bank-
rupt's balance, I am desirous of knowing on what ground or for
What purpose this fiat was issued?"
The Solicitor said it had been issued to relieve the bankrupt
from the difficulties in which he was placed from liabilities on
bills accepted. for General Palmer.
The learned coromissioner.,4 am told by the solicitor that it
was issued for the purpose of relieving the bankrupt from lia-
bilities to a large amount to which he was subject. It has tow
become a common practice to issue fiats far purposes foreign to
the objects of the bankrupt laws, and in cases where there are
no funds whatever, and no provision for paying the expensespf
working the fiat. Where a fiat is issued under such circum-
stances it is an abuse of the process of the great seal—it is per-
verting such process to a purpose it was never intended to serve-
In the present case it appears-to me that there was not The most
distant hope of administering property under this fiat, and
therefore it could not have been issued with the intention of
distributing effects, or in any way to benefit the baukrupt'e
creditor's. The fiat was not issued for a legitimate purpose,
and might be annulled on this ground. It is true that a fiat.is
a matter of right, but that must be when issued for a legitimate
purpose. Having regard, therefore, to the legitiinate objectii
of a fiat, and having regard also to the interests of creditors wt..
nerally, I think this a fit case to adjourn the bankrupt's last
examination sine die. If the court were to pass this bankrupt's
last examination; it would be aiding the petitioning creditor and
the bankrupt in the illegitimate object which they have in view
in the prosecution of this fiat. It may be well to refer to the
case of ." Ex-pane Christie," 2, D. and C., 461 and 4SB, where
his Honour Sir George Rose says, "It is laid down in all the
cases in the books, that where a solicitor takes out a commission
against a party who has noroperty to divide Milting his credi:
tors, the coroinission is -unouty and improperly issued, as not,
being issued for the distribution of assets.' gee also the case
of " Ex-parte Bourne," 2, G. and 1., 137. The solicitor has
referred me to a case before another commissioner, in which be
says there was no property, and that the-avowed object of thir
fiat was to put an end. to a partnership, and that the bankrupt
passed his last examination: In answer to this I may say, that
the case I have referred to of " Kr-parte Christie," and which
was confirmed on appeal, expressly decides that a commission
issued by one partner against another, nor for the purpose of
.distributing the bankrupt's effects, but solely for the purpose of,
dissolving a partnership, would not be allowed to stand.
The bankrupt's examination was then adjourned sine die.

EDUCATION AND. CRIME.
We. have been told crier and over againby the patrons of ths►•
general or Lancasterian system of education—is eyspins
fessing to teach the elements of knowledge Only, leaving
gious instruction to be acquired as Chance, the iodination o/'
the pupil, or circumstances may direct—that ignorance was tke
cause of crime, and that the.educated would never be found it
communication with the vicious. This position was boldly ad-
vanced by Lord Brougham and. his education. satellites, and
proved, as far as elaborate reasoning could be depended upon.
in the entire absence of any positive facts which could be
brought forward in its support at that time. How•ver, as "no
argument like matter of. fact is," we take the following extraeS-
from a report made to the magistrates of Middlesex,' by do,
chaplain to the House of Correction in Coldbath-fields

"As to the capabilities of prisoners to receive instruction, abe
chaplain, desirous of ascertaining on certain data what eaploi•
lities prisoners possessed of acquiring religion's Ind months:*
struction, to counteract the demoralizing influence with which.
they are surrouided, has inqiiired into the education of 967
Boners, individually—viz., 701 males and 266 females, itt
prison on the 20th September last.
"The following result appears:
"Prisoners 967

"Those uneducated, first imprisonment 56 104
"Imprisoned before
"Those educated, first imprisonment 6461 ea
"Imprisoned before 217 S

"First imprisonment T0ta1...... 702?
"Imprisoned before Total 265 5 '"'" •
"From this inquiry the 'chaplain draws his conclusion, th
it is not the want or education, but the absence of principle,
which leads to crime. This principle once fixed in the bait
would apply the means for the accomplishment of their legit
timate ends; would soften the heart, subdue iniquity,' break
the stubborn will, bring, every thought into the obedience
the law of God; the result of which would be, obedience tts
the laws of society and of man : • the wretched wandererswrMsld
thereby be drawn into the paths of happiness and ,peace. . •
" Persons committed to this prison exceed in number theilk •
of last year ' • .
"The numbers in 1833 having been
1834 *: W. 596

It will be seen from this statement that the number d tined**
sated prisonere.in the case before ns, is•in proportion ta tlp
educated something under one to nine.

Ants.ws.s-This city is daily improving in beauteL;.,bnueee
spring up like mushrooms, and have doubled in ?aloe. A Freneh.,
man has undertaken to connect Corinth and the Pirentr,by.an
iron rail-road. He has not only obtained the permission Other
government, but the ground has been given him gratis. ' The
money for the execution of the plan is secureit by a subscription .
in Paris. The expense is estimated at between two anti time*
millions of francs.
THE "MAGNANIMITY" OF RUASIA.—TkIi3 phrase b. swot • -
out of the mouths of the dupes of this power. Her triegninimity
.to Turkey is displayed in a truly Muscovite fashion: By' the
treaty of Adrianople the sultan is taxed to pay half-a-million of
ducats annually to Russia towards the expenses of the Russian
invasion of his territories. The magnanimity of the emperuf
induces hint to spend the whole of this sum among the subjects.
of his late enemy, now his "dear friend." The pensions to the
host of spies and secrat agents employed bythe Russian govern-
ment at Constantinople alone amount annually to epwardi of
fifty thousanri pounds. It is a fact, that there is not a prelate not .
a Greek family of any consequence, at the Fanal, which does
not, under the plea of charity, receive a fixed pay from Hustle-
Most of these traitors are employed in the Turkish service.
COMFORT FOR GENTLEMEN IN TROURLE.—A treadmill is be-
ing erected in Galway gaol, by the power of which blocks of
marble may be sawed and polished. This will be what youssai
call ha, d labour.
An OLD WHIP.—Mr. Thomas Sandon, who rtearivtl
years ago started in life as a postboy on the Portsmouth.r
and who has for upwards of half a century been coachman so
part proprietor one of the crack coaches on thatimrsChrok
lately rented from the box, having travelled in hisineematian,
eleven hundred thousand miles, which would havetahesw-his.
forty-three times round the globe!
MARRIAGE IN HIGH LIFE.—On the 11th instant a al._
in the apartments of Cardinal Weld, the ceremony beini per.
formed by Cardinal Odescalchi' in the. present-ie. 91'1%er:tones,
distinguished of the Roman .nohilit,v the Prince. of Siildione.
eldtdson of Prince and Princeis 13orghese, to' 11.4-Gwen-,
&dine Talbot, second daughter of the Earl aid:Cdents44.
Shrewsbury.
DEATH OF TUE EA-Ft /. OF. LONGFORD.-- WO have to annoluagil
with rigid the, death of the Earl of .1.-ongfurcl. in. Po', • .
place. His lordship expired on Monday. alter a. few q. 11, •
nee', of 'a boil in' hie tttroar." He 'Was a reptek4alitteti .•
peer, ,i tk,whj pody,r..of .courseoh is :cletnitle ' .
.and. he sat in parlianteht .is Berets itrAfko,tteretto """'
si;t. •

Al A • ,1`35.

Rr•-4%,..T.414A1RVA,Ati 'UN Pt POOL,'

•
The treei'toilic iiiiouisit having been received on each
representation with the loude*t testimonies of approbation,
will be repeated every evening.inatil further notice.- - •
Second Week of Mi. KEAN, o:the ,Theatres-Royal, Covent-
garden and Drury-lade, who is engaged for a limited period.
riIHIS present FRIDAY, -the- Wth instant, will be per-
il. formed Shakipeare's Tragegiy:of -
MACBETH.

Macbeth.

Mr. Kean.
Macduff Mr. Stuart.
Lady Macbeth Mrs.
o e'onclude with, for the eleventh time, the
Pantomime, called /
THE MAN IN TH•E• .9 ON;
OR, HARLEQUIN LUNATIC AND / EVENING STA
Harlequin Mr. . Ridgway.
Pantaloon
Clown Mr. T. Ridgway.
Columbine Mademoiselle Marie.

Manley.
,W grand Comic

TO-MORROW, (Saturday,) the Tragedy of WILLIAM
TELL. William Tell, Mr. Stuart. Emma, Mrs. Stanley
Agnes, Miss Chaplin.—To conclude with the COMIC PAN.
TOM E.

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