|
From the Kentish Gazette, 15 July 1845.
COURT OF BANKRUPTCY — 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,") referring to a motion before a trial begins. A motion to
suppress illegally-obtained evidence is such a motion) to Mr. Buchanan
being heard. A Society, called the London Commercial Association for the
opposition of Fraudulent Bankrupts and Insolvents, had been formed, and
as soon as a person filed his schedule in this 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 locus standi,
(the right or capacity
to bring an action or to appear in a court,) inasmuch as Messrs.
Constable and Van Boren, the Secretaries of the Association, were the
parties who had been retained to oppose by the creditors, and as they
were not solicitors, Mr. Buchanan could not be heard as their agent. The
learned counsel also complained that the Association were in the habit
of publishing a list of persons who went through the court as fraudulent
insolvents.
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 learned 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' Friend Society, 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
gentlemen, probably thinking their interests were not sufficiently
watched, and that there was an apathy on the part of the public to the
stale of the law between debtor and creditor, associated together for
the purpose of doing that collectively which they could not effect
individually. The legislature had, on the previous night only,
sanctioned 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 objects of the Society
extremely laudable. The learned 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 prospect of payment; and thirdly,
he believed he should be able to show the schedule was defective.
The insolvent 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 others debts, nor that he had paid £1,500 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 inducing him to deal with him, and frequently
stood pots 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 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.
|
|
From the Kentish Gazette, 12 September 1848.
GENERAL LICENSING DAY.
Thursday being the annual licensing day of victuallers, in Canterbury,
the magistrates were occupied some time in making the necessary
preparations, and they granted licenses to a hundred and twenty-seven
persons; four others being absent, will have theirs at a future sitting. The
licenses taken from W. Cullen, "Queen’s Arms"; W. Hunt, "Three
Grenadiers," Military-road; George Roberts, "Queen's
Head," Northgate;
and R. Walpole, "Roebuck," Northgate were restored; and the application
made by J. B. Allen for a license of the "Golden Cross,"
Northgate was granted.
|
|
Kentish Gazette, 10 September 1850.
On the annual licensing day (Thursday last) our city magistrates
suspended the following licenses:-
"Military Tavern," King Street;
"Eight
Bells," King Street;
"Duke of York," Riding Gate;
"Kentish Arms," Jewry
Lane;
"Eagle," Whitehorse Lane;
"Golden Cross," Northgate;
"Queen's
Head," Northgate;
"City of London," Tower Street;
"Duke's Head," Wincheap;
"True Briton," Northgate;
"Royal George," Northgate;
"Queen's
Arms," Northgate; and
"Three Grenadiers," Military Road.
|
