Insolvent Debtors' Court,...
The Times, 1824-04-10T00:00:00

Cli .iei Speiteer (C'hur-dll;. & {commonly called or known as Ldrd'CMsikxSmencer 'lotrehi/J1)ame up for final hearing,.his c-selhiving stod over, by adjournment, since .November last. The' -dttii1rfcr was opposed by Mr. CooEE, on bthalf of lessrs. A;;ttwdod'and Co.i the assignees -of W. Simpson, late of St. Al- bZDts T 'inth6lder, a bankrupt; and.abso for several other creditors, reeidejit 'in ihat borough: beyond wlhich, three or. fourjLoqdon cre. ditorti4?pPewtrdifperson; but they, with one exception, withdrew their oppp0x5tIOnf Messrg. ~'DLLOCK and HEATI appearcd for the.petilioner, and t6 explain njiaerwreLating to-the trustees of thewillofthe late Duke ef M1Uarornngh,~' ihe noble -petitioner's father. *Mhr. Coo:rx arismed the insolvent, who stated. that hc was a Captain ii.t d 85th reimentof foot, retired- on half-pay, which consiatedof 7s peri Wp r-Je had other sourco. of income, be- yond an allowaned of 400i; ayearfrom the. ttustees . under-the will of h?isiolblb'father,i iceased. This allovance was discretionary, he iimagined, as it had becn withhed thrice-frous him on paxticular oc- casions, and fie had every reason to believe it Was now.suspended. RMe4a4sthe second son oF the late -Dake next -to the present Duke s2 aMalborough . and in the event of the d iec of the- Ala;rquis.of 8landford L middle brother, he was next in succession, to thc Dike-. donf 'JIn tLisearl8l8,4iesto&.two electioncontests fbrthe borough . of St Alban' f h firat of.wlbich was.-fritess, -;ad-the last sue. dessfol. It was durinprthiswefiort that he ineureddebtewijich now formedtthe ground of opositfon jnoLithstanding Ifehnd F ,OA . in. part discharge-of te firrebills. In ordef to eibt tlus,'. he bor- rowed thc money of a gentlOniin4 narned Simpson to wvhoni he gave a bond. This was just before le- made his second efiArt. S- versI of his dehts were -contracted-in1London after he obained' his XeatinParliament, and-whire in thepursuitmofhislegislative duxties. There *ere itetms i -his schedule for jewvtllery,,.&c.,<but he did not at prewfpossess aniy sucW Xtrticlen,..n.r an~y, persoll jrr trust t'or him. iMt.0C6oE declined puttlngsny more questions O the insolvent, but would tddiesi the CourL.. After besitatipg some time- The(tx?r Cons Es3nSr tA old oMr.-Cooke they were waiting for thc:firift seotince!of his addrcss.- . . Th eIemrnd gentlenlan thlen said, that .hc.representet} a mass of c'editoishorboe'deBts were in -the aggregate of largc aunount; yet he must eonfefs that he:felt himself.unn1hle -toe olibr any-remarks which iouldarraigk 'de noble lord,- and bring him sunde i ngt oeration of the pcnaldlausch of-the ncLk eof hParliament. He: wojti.ddh loe,.eh, enubmitio the Odi-th,-tht the -younglnoblemau bef'ere.itJrnda ntliex crd5vagant, 1lthdgh 'hits conduct hwav not to.bc; nwiiasire to the 'sam p nuIe as-that -of- others in a ie if'rens.b.spre hof life. ewhetb the -ircumstances attendine thcr contracioas 'of thc debt ivere taken: inte consideration. Notwithstaniding the' con- cession, he '(AIr:..-Cooke)4 :should not. feel! justHifed . vre..4c- Dot t- re Tmaik, that the noble,. lord, . whose iacpme dXd not cx-' ceed 591 .je' yeaa, --eugh'f notEto have le.t his ambition aspire to the extant'it ha sE t:the.expenscofuotlaer persons;. tor in diis neWe- nasa's attempt to obtain a eeat in tilO lcaislative issinbly he had. speculaltedi with the property of others. The learn.ed gentleman went on to observe, that he was aware that the Court had no control over the 4001. a year allowed by the trustccs, but he trusted that a rule -vould be ordered, wvhich would convey the wholc or a large portiol af'tlic petrltxoner's 'h~if.pay ! to assjgneeg under ttte ;iat for. the benefit oPthe ceditbrsgenetall. e doulbtednot but ;hg noble lord, considerin hiis-hiR-deSeebt5 flt reatLhumihatsonrbybem,. placedin.thasCport is, a petitioner ;and that , was i- creased when he xeflededotliat he had inficted nirreparable nju on others;- .Theflain dlavavteconclUded byarnest-ppeal t?r the t'ourt relativa to-thelbalf.pay:;. ea, 31r. FoPLLocX-on behalf'ofthe petitioner, 'expreised thpthe fett as liiuch dizrresseA-s hii learned frietid.was.atseeigd thle stuation int :''hich his nblecJitnt-*8swi)iced ';~but -e apprahended 2hat the ideas~ entertained. by -his :frkdxelt fiveto .wtni-v as and- what was noat eitraYaiince' ,Would' Iot-1.eniertAined by lhe ]ufl.'. ThatI the debts on his-Iordshipf sche&ddle werd laTge- he could ot deny; yet the Court wou'id look at thecircurmstaricef.confectet with the contraction of a grent part.of themn,. t vwas quite clear that they were not- eraona3ly contract,d by his tioble client, but arose out bf acontetet e on *en as ue knew,- s w*e: open t. what-ire termed the4ca datei&fxi6pdsv who eatiuit ,lribilkproitisi- 'cuously, and 1"tiine hst!' presuming thaball would b6 .paid.. n this, species of friendship-the.wortby and independent burgesselinad. not been. beiindhand, as was-.dear*oxn ihe enormns bills the ~subject of ~whieh was now. a niatter.:o.f.complaint. 'The &oixrt wotild also -emember, hat .he carrned down -3,OOOltoSt.Alban'& at the.seconid election, to keep the voters in. geod-humour ; -so thact they had not suflered so much as thev mnight have done by giving a. wanton lavish credit. He submittetd 'to the' Court that hiis noble client was mtildtled to the bexiefit he'sought. - Alr. HEATH- aving beenheardonthesumeside,andsomecamend- ments made to thetchedule; andw transcript from the voluminous will bf the late Duke of,lUar1boroughttached, ' .. The CurEF CousrrSSIoEB pronounced the judgment of the Court. He felt bound to say, that no case- bad been made out against thle petitionler which would-warrant t'he Court-.to detiaitJimn. Tue C~onrt eoincided in--the-opinion which -had been urged in .excul. patien..; and, witbtheexeeption of one tradesman, nocreditorapl9ear. ed to oppose the discharge 13eyond these on whlose G]caims the lawr would not detain himl for-a day. WTith respect to the half~pay, the Court would make no -order at present, as hjs urther allowance was only disctetionary: -..... .. The iudgment of the Courtwac, th8?-he.be diacha god fortbwith.- MIr. 1-i-eAu, on behalf of- thu trustees under his fatbewr-a' will, said, 'that not a single 1)oxaff 'e creditdr ofihe pioble- IJord ?vou]dIbe damni6ied by the prseitnraplicatont. '-i--INSOLVENT DEBTORS' COURT. APRIT. (. ?X Tr 7fXTT:lt OY Thv D CARn ry g *