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Updated: May 28, 2025
The official celebration would begin in the afternoon and last till sundown, so that all the governor's time must be fully occupied. But Bucklaw said, with great candour, that unfortunately he had to sail for Boston within thirty-six hours, to keep engagements with divers assignees for whom he had special cargo.
Pillerault finally succeeded in reducing the formidable assemblage to three solicitors, himself, Ragon, the two assignees, and the commissioner. Early in the morning of the solemn day, Pillerault said to his nephew, "Cesar, you can go to your meeting to-day without fear; nobody will be there." Monsieur Ragon wished to accompany his debtor.
This assembly, in which are found pretended creditors introduced by the bankrupt, the only electors who never fail to come to the meeting, proposes the whole body of creditors as candidates from among whom the commissioner, a president without power, is supposed to select the assignees.
Neither of us to alienate our share of the other, and if either of us by death or otherwise shall be incapacitated from acting for ourselves, the other of us to be the sole manager without contradiction or interference of heirs, executors, assignees or others; but the books to be subject to their inspection, and the acting partner of us to be allowed a reasonable commission for extra trouble.
The creditors were disposed to be lenient. Doubtful securities were likely to realize more than was expected. The assignees were sharply scored for not taking the newspapers into their confidence.
This new man, Naglee, on asking for the assets was told that they had been deposited with Palmer, Cook, and Company. The latter firm refused to give them up, denying Naglee's jurisdiction in the matter. Naglee then commenced suit against the assignees and obtained a judgment against them for $269,000. On their refusal to pay over this sum, Jones and Cohen were taken into custody.
Whiteside having in the meantime become bankrupt, Paine was arrested by his assignees, but was liberated by the assistance of two other Americans, who became bound for him. Paine, however, was by this time carried away by the fervour of the French Revolution, having become a member of the National Convention, as representative for Calais.
Posted in the side-scenes are the bankrupt and his solicitor, the attorney of the creditors, the assignees, the agent, and the judge-commissioner himself. No one out of Paris knows, and no one in Paris does not know, that a judge of the commercial courts is the most extraordinary magistrate that society ever allowed itself to create. This judge may live in dread of his own justice at any moment.
His breath was almost taken by finding the following provisions, dated February 12, 1800: "I give and bequeath to my son, Ralph Milbourn, MY BEST HAT, TO HIM AND HIS ASSIGNEES FOREVER, and no more of my estate. "I give to Thomas Milbourn my small iron kettle, my brandy still, all my hand-irons, my pot-rack, and fifteen pounds bond that he gave to my daughter, Grace Milbourn."
The commissioner is of necessity a personage before whom much is said; who listens, recollecting all the while his own interests, and leaves the cause to the assignees and the attorneys, except, possibly, in a few strange and unusual cases where dishonesty is accompanied by peculiar circumstances, when the judge usually observes that the debtor, or the creditors, as it may happen, are clever people.
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