The Statesman.
London, England, 1815-02-11 00:00:00

THE STATESMAN.

general coffers of the factors, lost its ear-mertt, but if
suffered to remained in a bog, it stilt conch:tied ear.
marked as the property of the principal, and did tot
pass to the Assignee; of the Factor, supposing him to
be bank rupt.This doctrine was clearly laid down iu a
variety of cases, particulasly fa the eases otLa Costa
and De Testa. Scott and Sermait,Wiftombe, etwthrob,
&e. In the latter ease, the Factor, Instead of employing
the properly entrusted to him, in the way he was di-
rected to lay it out, invested it in other goads, and on
his becoming bankrupt those goods were held to be
the property of the Merchant's estate, and not the
property of the estate of the Factor. If a Factor
chose to lay out property entrusted to him for a par-
ticular purpose in the purchase of other goods, it
was clearly established, from a uniform train of deci-
sions on the subject, that those goods so purchased
did not belong to the Assignees of the Factor, but to
the principal. If the Factor, again took bills for the
amount of the goods sold, payable on a future day,
such bills were understood to be held for the benefit
of the Merchants; or, if the payment was td be made
on notes, they, too, were to be held for the Merchants.
Lord Mansfield, in the 3d Burrow, laid it down,
that specific effects do not pass to the Assignees, even
though made in money ; and that sucitic remittances
are covered on the same primcipler Anignoes, the
Court were clearly of opinion, eotsid be its no better
plight than those whom they reprearsted, bad most
hold for the same purposes their; prinelpels did.
Here none of the difficulties which occa►red to some
cases presented themselves. The Defendant, in this
case, had not followed a doubtful property, but had
repossessed himself of that which had ne►er ceased to
be his own property. This being so, the Assignees
could no more be entitled to recover from him, than
he could have been resisted in his attempt to reclaim
his property from them. The Court was, therefore,
clearly of opinion, that the Defendant was entitled
to retain the property in question, and of course that
a nonsuit must be entered.

(laced, and itmat admitted on bettetf of the DeiE,..-` •-
that the Trosteisitad not elevated it, .

CITY BUSINESS.

In the Court of Common Council on Thursday,
Mr. ‘VAITIIMAN presented a Report from the Select
Committee, recommending Petitions to both Houses
of Parliament for the repeal of the Insolvent Debtors'
Act. Mr. Waithman entered very fully into the
principle and operation of the Act, comparing it
with the Scotch law upon which it was said to have
been modelled, buffo which it bore not the least
analogy. lie said that there never lair boa an Act
which had done so much mischief in the same space
of time, which held out such an inducement for
fraud and perjury—it struck at the very root of
credit. In all the publications upon the subject,
most of which came from persons who had, or who
now were taking the benefit of the Act, debtor!
were represented as poor, harmless, inoffensive eras.
tures ; while the great body of Traders were rape*.
sented as an artful, cruel, merciless set of be.
ings—who first induced these innocent persons to
take their property on credit, and afterwards throw
them into prison to gratify an implacable spirit; if
this he true, certainly, continued Mr. Waithman, the
Act is a proper one, and creditors are properly
punished : bet the contrary was the fact. There
were no doubt instances of hardship and cruelty,
and the great body of traders would be glad to see
all Act that would remedy those evils, affording
them at the same time doe protection. Creditors
very naturally looked for the payment of their just
claims. If that could not be obtained they were ge.,
amity contented to accept of so mach as the dehtoe
*as enabled to pay ; but be would say that 19 out
of '2O of the persons who were:liberated, were persona
who deceptively obtained credit knowing they had not
tie means of payment, and without even having had
such intentions; the facts he should state would
show it; for it appeared• by information he had ob-
i4sioed, that 1500 debtors had been discharged
"under Lord Ellenborough's temporary Act, and
about 2000 under the present Act, in the space of
about 15 months, in London and Middlesex only ;
that theassignment of their property would not pay
pound, their schedules mostly consisting
person+ who had themselves taken the
Act. .1f these persons were drawn in,
facility and want of caution in traders
r, were they obliged to live upon the
!heir creditors until not one shilling was
was one part of this Act the most.
of .4 thing he bed ever beard, and
it allowed debtors to live upon the
heir creditors, as long as they chose,—
years if they thought proper, or the
ing the benefit of the Act, which ex-
shown was not until there was nothing
creditor had no option whatever;
'roes he might be of taking his share
effects, he had no means under
this Act of • compelling him to surrender them.—
Mr. Waitinnato here stated a variety of cases of a
very aggravating nature, several of which came with.
in his own knowledge; and although they could not
be legally proved to be frauds, they exceeded in
swat turpitude the crimes of many of those unhappy
persons, who, by tho laws of the country, were
doomed to suffer before Newgate. For a theft of
40s. a man might forfeit his life; but here a mart may
abuse the unsuspecting confidence of his best friend,
by robbing him of thousands, and ruining him and
his family. lie stated that one person had been li-
berated, whose debts amounted to 150,6001.; seve-
ral of 10,0001. and 20,0001.: upon the whole the
Act must be viewed by that Court as so destruc-
tive to morals, to good faith among individuals,
and to the trade of the country, that they could not
hesitate in concurring in the recommendation of the
Committee.

DUBLIN, FEB. 7.
BANK OF FFRENCO AND XV.

On Saturday last, the Lord Chancellor, ittended
by the Chief Justice, heard the Petitioners in this
matter.

Mr. PLUNKETT, for the Bankers, in é very able
speech of two hours, addressed his Lordship on their
behalf, and on behalf of their Creditors, praying
his approbation of a Trust Bred, resting the pro-
perty in Trustees /or the benefit 41' the Creditors,
instead of issuing any Commission of Bankruptcy
against them. Ife.expressed the desire of the Crodi..-I
tors, that the property should be thus disttibtrteti,'
tattler than under a Commission of Bartfouptiy,
which he objected to as being 'the more expensive
mode of .%roceedit lie stated, that there --

Bank„ notwithstanding the application of a great
majority of their creditors, for his approbation of a
Trust Deed.

The LORD CIR tNCELLOR expressed his opinion,
that a commission of bankruptcy was a imitable else.
cation for the benefit of the creditors, and a writ et
Riget, which he could not withhold from any cry&
for of 1001. who might think it right to demand it
from him.

This was acquiesced in by Mr. Plunkett, and his
Lordship then said, that it would be inconsistent is
him to approve of a trust deed, where he was de.
sired by a creditor to issue a commission which he
felt himself, under the existing laws, unable to with-
hold, were he even inclined so to do.
Mr. Towasurn, in favour of a Commission of
Bankruptcy, instanced two cases, which occurred in
the South of Ireland, one of them in the case of a
bank at Yougllal, the property of which was rested
in Trustees, nearly 20 years ago, and one shilling
had not been divided among the Creditors. He also
mentioned a bank in Cork, the landed property of
which was immense (we believe he alluded to the
bank of Sir R. Warren).

Mr. llAnvelr, however he might admit the neces-
sity of alteration, was of opinion, that the Court
should not agree to petition for its repeal, but for
amendment.

A Trust Deed was executed, but the proof at the !
inefficiency of it was, that the Trustees never paid
one shilling, and the Bankers, by the mere receipt
of the rents of their own estates, at length, afar g ;
great lapse of time, had paid their debts.
Mr. Cu kMPTON, on behalf of Messrs. Lynch and
Co. of Galway, creditors for 20001. was instillged
to inform his Lordship of their firm convrctieh; Wit
if he approved of the trustees, the creditors would !
never be paid—but that if he granted the commis-
sion, they had no doubt of being paid.
Mr. WIIITESTONE, for the Bankers, in a very able
manner argued in favour of a Trust Deed—end
insisted that, after the stoppage of payment by
Bankers, they were not capable of commit( ng an
act of bankruptcy, because by their stoppage their ;
property was no longer their own. It then become 1
within the jurisdiction of the Court of Chancery,'
and any act of theirs, subsequently, coald net
bring them within the compass of the Benkropt
Laws.

Mr. Drxox said, that it was not possible to amend
such an Act, it was much easier to make fifty new
Acts. He agreed with all the observations which
had been male against it. Ile had himself some experi-
ence, and he never knew an instance where an honest
man, who had been unfortunate, had not experi-
enced liberality on the part of his creditors. Ile
'tumid he glad to see some measure that would re-
lieve unfortunate debtors, but was decidedly of opi-
nion that this Act must be injurious and unjust in its
operation.

Mr. JACKS seconded the motion, fully ngreeing in
every 'respect with the statements of the Mover, and
coacurring with him in the stature and character of
the Act. lie read extracts from Blackstone to cor-
roborate the opinion he maintained.
After a few observations from Mr. WAyrsistisr,
the Report and Petition were carried unanimously.

Mr. PLUNKETT then stated, that if his Lordship
felt-himself bound to issue a Commission or Bank-
ruptcy, it would be competent for the l'iusteoi,
under this deed, to file a Bill to establish their right,
and to have the management of their affairs
The LORD CHANCELLOR acquiesced in ehts, and
expressed his wish that they should do self they
found themselves warranted ; because, in fiat case,
said his Lordship, they will have an opportuolty of
appealing to the house of Lords, if they.tshould be
dissatisfied with my decision ; whereas, in esatterowf
Bankruptcy, his Lordship observed, bib decision
wesfinal.
Tke Trust Deed was called fur, but wit not pro.

PO LICE.
—Nob—

Mr WHITISTONE stated himself to be authorized
levirt-ftttArtt.—Yestertiay, Sarah Ferpfs&a,
by one of the Trustees to say, be would execute it if
miserable looking old woman, upwards of GO years
of age, was committed to Bridewell to take her trial
his Lordship desired him.—[We believe he alluded to
Mr. Denis Browne.] at the Westminster Sessions, for stealing pewter et
The Loan CirAn cmoft said, he felt himsdf p ,from C. Bearpark,Notthumberland Arms, Northern,
obliged to issue a new Commission, as prayed by the berland-street, and from John Richardson, sun
Petitioning Creditors, and accordingly directed the Scotland.yard ; the landlords observing that th
;d
formerlCommission to be superseded, but ordered that should prefer prosecuting the receivers if they cue
all the proofs of debts, made under same, should be get at them.
transferred to the new file of proceedings, without She was taken with the property of each landlord
any expense to the parties, and stated that he could
secreted about her.
not give his approbation to the Trust Deed.
Mr. COLQUIIOUN remarked, that the old iron shoo
ought to be the objects of their scrutiny, as there
were upwards of 8,0(X) of such receptacles about he
metropolis; and if there were no such places he f.!t
' convinced that such extensive depredations would
not be committed on the publicans.
Bow-wraerr.-- Yesterday seteral persons were
convicted, under the Lord's Day Act, for carrvitt4
on their lawful callings on Sunday, in Covent-garde,
market.
WORSHIP-STREET.—Yesterday R. Hall, ostler at
the Malt Moon Inn, Rollaway, was charged wiih
robbing Mr:elements, of a iibantfty of bay, straw,
potatoes,• /kee
The Prosecutor stated that. he was tai cow-keeper
at Shoreditch, and rented a farm at Finchley, from
whence he had seat to town what of the above arti-
cies be wanted ; the nalf Moon being a baftway
house, his horses used to stop to bait there ; and in
some weeks be missed fourteen trusses of straw, and
other things in proportion,- suspecting the Prisoner,
he had him taken into custody.
Others also being suspected to be concerned, the
Prisoner was remanded for a full investigation of the
whole on Monday.
ROBBERY lit LADY. lartOcToß's.

Ert:--k:bll7k/Ok^ sits charged
with stealing a 251. Bank-neta, the property of her
Ladyship.
`•
The Prisoner was footman iii the family, and the
property was stolen from Lady Procter's drawing.
room.
nit evltiOsteeaglitiorf the Prisoner
wasrlint hoe ladyship having Wt her dream' opea
in the drawing-room, whilst she retired to her dress.
igg-room, the Prisoner was the only persoit who had
entered it, and the note in question wag proved to
have been there when Lady Proctor left the room.
The Prisoner, at first, denied having been in the
room, but he forgot he had placed the candles there.
He was remanded for another examination.
HATTON-GARDEN.—IS has become a practice of
late among thieves, to steal the dials from the par.
lours of public-honies. One of these articles was
stolen on the 44th of January, by a genteel-looking
man, from the sign of the Adam and Eve, at St.
Pancras.
Hand-bills, describing the Alai and the reputed
thief having been circulated, Mi. George hlinviey,. a
pawnbroker, in Fitzroy-squnre, silty 'one of
them, from which he discovered fiat Slteralol had
been pawned on the same day at Ms .shop for 21. byt.
a person calling himself J.4,ingvor No, 914:t0w.m.
street, •Fiftwo _ rwirdre. citypior,
person 'said be found ansi.eting the description;
but a lad has since brought the duplicate of the diode,.
with a great coat to pawn at the same shop, and *u
taken into custody ; he said he had liven trim a
young man of the name of Berry, whom he pointed
out. Berry was accordingly taken into custody,
and brought up yesterday for examination, when he
was identified by the pawnbroker as the person who
pawned the dial with him on the 44th January.
The Prisoner was remanded until Tuesday next.
ASSAULT AND SWINDLING.

MANSION-HOUM—Yesterday Monads Lewin was
' brought before Mr. Alderman MAGNAY, charged
with an assault upon Mrs: Graves, a respectable
housekeeper in Angel-court, Throguiorton-strett,
and with several acts of swindling.
It appeared from the testimony of the Prosecutrix,
that the Prisoner, in company with a person named
I Shekel's, came to her house some months siuce, and
representing themselves to be merchants, agreed to
take two of her rooms for one year. These they
I proposed fitting up as offices, but although they met
each day in the apartments, nothing beyond an old
desk was procured to furnish the counting-house.
!The number of the partners, however, seemed to
.ucrease, and they held nightly deliberations, which
; generally produced quarrels and fighting among
themselves. After a short period, a set of account-
( books were introduced, and the Prisoner ordered a
chaldron of coals to air the counting-hocse. These
Iwere provided by.the Prosecutrix, and the merchants
continued to meet for some time. Soddenly, how-
: ever, the party altogether disappeared, leaving be.
hind them the desk and the set of books. The Pro-
secutrix, however, not willing to sacrifice the money
due for rent, coals, and other expences, set on foor,
with other creditors, an anxious search, and at
length obtained information of the retreat of the Pri-
soner, in Bond-court. Having arrived rather suit-
denly, she found him in company with Mr. shakellis
end having accosted him and presented her bill, the
Prisoner struck her a violent blow upon the breast,
I by which she was brought to the ground, and be.
dime insensible for some time. The Prisoner was
taken into custody. It was also ascertained, that
previous to his going to the house of the Prosecutrix,
be and his partner had carried on the same system at
the house of a Mr. Bailey, in Tabernacle-walk.
I A number of respectable persons appeared its
charges against him.
j The Magistrate regretted, that none of these cir.
eurnetances amounted to a cause for commitment.
—lt was also right, notwithstanding, that the
public should be on their guard the numerous
tribe of swindlers that at present exists in the metro-
polis. lie would certainly, however, commit the
Prisoner for the assault.
The Prisoner offered bail for his appearance at
the Quarter Sessions: one of these, however, proved
to be Mr.Shakells in disguise; the other a person
who represented himself to be a housekeeper in
Spitalfields, but who, upon being' more closely ex-
amined, confessed himself to be a porter in a house
in the Borough. •
. The Priteper was then fully committed for trial-

A most audacious robbery was committed in the
brewery of Mr. Hunt, in George-yard, Hull, a few
days ago. One of the men, alarmed by the sound
of liquor issuing out of some vessel, discovered w
cask of ale of upwards of 100 gallons running to
waste, which he immediately endeavoured to secure
in the best manner he ,quid; and when he had
effected his purpose, looked round for the large brass
cock, which he supposed had been forced out by the
liquor, but it could not be found. Another of the
seen, in toming.tOvrards the brew-house, just when
the occident happened, met a Man in the passage,
wile passed him hastily, ass& who there is no doubt
had wrenched the cock out of the cask, disregard.
; ing the damage be was likely to oc.cadenvfor the sake, I.ON Dos t Printed said Published by D. Gov of the trifling value of the article.
STATE3II4II Orrice. ti, tieri-vtcret

mode of proceeding. He stated, that there was pro. that theassigom
perty sufficient to pay all Creditors their fall 4.. Id. in the poen
mands' and a property of 12,0001. per atitsitto'foittb.t of debts front pi
coming to discharge the debts. benefit of the A
The oLI
TTORNEY-GFNERAL, on behalft4ie QA and induced by
titioning Creditors, replied, and insisted tb yto take credit,
Creditor whose debt amounted to 1001., had d • property of thei
to issue a Commission of Bankruptcy, if he thou left ? There
fit, and dents stew Constislation •frentliftis • esieft
• " • • tilgthon, that i,
The SOLICITOR-GENERAL followed on the loiloPeolil of thei
side, and quoted, among many other cases, a Mei. ffo• IrO p 1 $0 yt
mination of Lord Chancellor Fitzgibbon hi tlse Option of takin
case of Hayden and Rivers, determined to 1794, perience hid sfic
i when, on the petition of Mr. Greene, his Lordship left, and the
felt himself, contrary to his own feelings., obliged' however desirot
to gnat a Gotemission of Bankruptcy against that- of the debtor's.
. .