Kent Herald, 17 July 1845.

Court of Bankruptcy. London, Saturday, July, 12. Before Mr. Commissioner Goulburn. Re Rye, an Insolvent.

The Insolvent George Rye, of the "Queen's Arms" public house, Northgate Street, Canterbury, publican, tailor, and licensed to let post horses, applied for his interim order and protection.

Mr. Sturgeon, the barrister, supported the insolvent, and Mr. Buchanan, solicitor to the London Commercial Association for the opposition of fraudulent Bankrupts and insolvents, 73, Basinghall-street, opposed on behalf of Mr. Gibbs and other creditors.

Mr. Sturgeon said he had an objection to raise in limine ("at the threshold,") to Mr. Buchanan being heard. A Society, called the London Commercial Association for the opposition of Fraudulent Bankrupts and Insolvent, had been formed, and as soon as a person filed his schedule in the court, a copy was obtained, and every creditor written to, stating that upon forwarding a post office order for £1 1S the Association would oppose the Insolvent, including the charges for counsel, solicitor, &c. (a laugh.) He contended that Mr. Buchanan had no locust standi, (the right or capacity to bring an action or to appear in a court,) inasmuch as Messers. Constable and Van Buren, the Secretaries of the Association, were the parties who have been retained to oppose by the creditors, and as they were not solicitors, Mr. Buchanan could not be heard as their agent. The learning counsel also complains that the Association were in the habit of publishing a list of persons who went through the court as fraudulent insolvency.

Mr. Buchanan handed in the written instructions to oppose the insolvent from the creditors for whom he appeared, and remarked that the Association had already been the means of obtaining some thousands of pounds for creditors.

The learning Commissioner said, Mr. Buchanan need not trouble himself to reply. He saw nothing unlawful in the Association, nor did he think this Court, if so inclined, had the power to prevent tradesmen co-operating together for the protection of their own interests. Bankers had their association for the prevention of forgeries; and there were many societies - such as the Animals' Friends Society, and the Anti Slavery Society, and the Society for the Protection of the Public Morals - in existence which had not a charter. In this instance, a body of gentleman, probably thinking their interests were not sufficiently watched, and that there was an apathy on the part of the public to the state of the law between debtor and creditor, associated together for the purpose of doing that collectively which they could not do effect individually. The legislature had, on the previous night only, sanctions a measure dispensing with the oath of a bankrupt and his wife; and in these days, when it was the fashion to withdraw all protection from creditors, he thought the object of the Society extremely laudable. The learning Commissioner then directed the opposition to proceed.

Mr. Buchanan said he had three grounds of opposition to the insolvent's application - first, his making away with his property; secondly, contracting debts without reasonable prospects of payments; and thirdly, he believed he should be able to show the schedule was defective.

The insolveny was then sworn, and in the course of a severe cross examination he said that he dealt with five brewers at the same time for goods, and four distillers; he did not tell them that he owed the other debts, nor that he had paid £1500 purchase money for his house. In March last he sold a cart and a pony and afterwards gave six separate orders for goods to various tradesmen. He had not misled Mr. Gibbs, as he was always induced in him to deal with him, and frequently stood pops of ale, \&c. for him to do so. He had not filed the licenses of his public-house with the official assignee of the Court, because they had nearly run out. His house was near the barracks, and he depended chiefly upon the army. He told me Mr. Gibbs, when he ordered the goods of him, that he was indebted to other brewers and distillers, upon which he said he did not mind that, as the business would improve when the soldiers returned to Canterbury. He would swear that was true.

The learned Commissioner said he should adjourn the case for the attendance of Mr. Gibbs, as he was to blame for inducing the insolvent to get into debt, or the insolvent had sworn to that which was false.

The further consideration of the case was then adjourned to the 26th instant. The insolvent's debts are £221 0s. 3 3/4d.

Kent Herald, 31 July 1845.

Court of Bankruptcy. Saturday, July 25th. Before Mr. Commissioner Fonblanque.

Re Rye, an Insolvent.

The insolvent, George Rye, landlord of the "Queen's Arms," Northgate Street, Canterbury, and also carrying on the business of a tailor, applied for his final order and protection.

Mr. Sturgeon, the barrister, supported the application; and Mr. Buchanan, solicitors to the London Commercial Association for the opposition of fraudulent bankrupts and insolvents, attending on behalf of Mr. Gibbs, a brewer, and creditor for upwards of £14.

Mr. Buchanan said, in this case he opposed on behalf of Mr. Gibbs.

Mr. Sturgeon:- Upon the last occasion you opposed for a society, whose circular I hold in my hand.

Mr. Buchanan:- I have a letter from Mr. Gibbs, and two letters from the insolvent to that gentleman, which I intend to put into contradict the insolvent on his oath. The point has already been settled by Mr. Commissioner Goulburn, before whom the case previously came, that the Court cannot enquire into the particular circumstances under which are professional gentleman receives every retainer.

Mr. Commissioner Fonblanque:- I am sorry to differ from Mr. Commissioner Goulburn; but I entertain a very strong opinion on this subject. I think it is very oppressive that a man should be opposed by society when he applies to this Court for relief; and one of my objections is, that societies like corporations have no conscience. They press very frequently hard against debtors, and I cannot allow an opposition under such circumstances.

Mr. Buchanan:- The point was fully discussed and gone into upon the last occasion, and an objection has also been taken by Mr. Cooke, and overruled by Mr. Commissioner Fane.

Mr. Commissioner Fonblanque:- I wish to speak with as much respect of Mr. Commissioner Fane, who is now present, as I have done of Mr. Commissioner Goulburn; but I must say that in this respect I will not be bound by the decision of either.

Mr. Ssturgeon:- The society sent no less than nine different circulars round to the creditors of this poor man, offering, upon the receipt of a guinea, to hold them harmless from any further expenses of opposition. The letter (a printed one) was signed James W. Constable, and it was that individual who had instructed Mr. Buchanan on this occasion. They had appended a list, of which they pleased to call fraudulent debtors, to their circulars; and amongst other names appeared that of a respectable artist, named George Grosvenor Bullock, whom I attended for, and where interim order was merely adjourned because he obtained a gun, which he could not pay for, to enable him to accept an invitation to shoot over a nobleman's estate.

Mr. Commissioner Fonblanque:- If that statement be inaccurate, you may take proceedings elsewhere.

Mr. Sturgeon:- I will hand up the circular received by Mr. Charles Benham, of Canterbury, who is a friendly creditor. (The learned gentleman here handed the circular to the commissioner.)

Mr. Commission Fonblanque, to Mr. Buchanan:- Are you retained by any individual creditor to oppose?

Mr Buchanan:- I am by Mr. Gibbs. In proof of it I beg to hand in a letter from Mr. Gibbs to myself; also his invoice against the insolvent, and two letters from him to my client, promising payment.

Mr. Sturgeon:- Do you not think your honour, that Mr. Buchanan, ought to have a retainer. The last time he appeared for the society.

Mr. Commissioner Fonblanque:- I think so; but there is no rule of Court to that effect. If an attorney says he has been retained, I am bound to hear him without inquiring into his circumstances how he retained such retainer; but if he says he appears for a society, I will not take cognizance of his opposition for the reason I have stated.

The insolvent was then examined at some length, and stated that he had been two or three years in a state of insolvency, and not able to pay 20s. in the pound. A distress was put into his house on the 27th of May last, and he had since been using the furniture on payment of a shilling per week for it. He sold a pony to Mr. Ford for £7 10s., which money he used in his business. He had not filed the licenses of the "Queen's Arms" with the official assignee because they were nearly out, and he thought them of so little value. He wrote a letter to Mr. Gibbs on the 8th of May, and ordered half a hogshead of beer and half a barrel of ale, he sent him £1, promising him more on the Saturday following. On the 17th of May he again wrote to him for beer and promised to pay him £2 10s. but it was not delivered, he was obliged to layout his money elsewhere. He filed his schedule on the 26th of May.

Mr. Buchanan:- Now, if you have been insolvent two or three years, what reasonable assurance had you of paying Mr. Gibbs for beer?

Insolvent:- I hope worked for him as a tailor, and expected more work for his man, that did not get it.

Mr. Buchanan submitted that he had shown that the insolvent had obtained five small parcels of goods without having a reasonable prospect of paying for them.

The Learned Commissioner entertained a different opinion. They work goods obtained in his trade, and he expected to pay for them out of his profits he derived in his business, and by making more clothes.

After some further conversation, the Court granted the insolvent his final order and protection.