Michael D.Heath-Caldwell M.Arch.

Michael Heath-Caldwell M.Arch
Brisbane, Queensland
ph: 0412-78-70-74
alt: m_heath_caldwell@hotmail.com

1820 - 1821 - 1822

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James Heath R.A. - aged 63/64
Mary Heath (ne Phillipson) - aged 63/64

George Heath - aged 41/42
Anne Raymond Heath (ne Dunbar) - aged 33/34

Julia Anna Harrison (ne Heath) - aged 13/14
John Moore Heath - aged 12/13
Douglas Denon Heath - aged 9/10
Dunbar Isidore Heath - aged 5/6
Leopold G. Heath - aged 3/4

The Heath Family Engravers 1779-1878, Volume 1. James Heath A.R.A. by John Heath

The Lady's Magazine or Entertaining Companion for the Fair Sex - Eight plates engraved by James Heath after Henry Corbould and Thomas Stothard R.A. - published by S.Robinson. Described as a 'New Series,' the index also shows, misplaced at page 272, an engraving from Sir Walter Scott's Kenilworth entitled 'Interview of the Earl with the Countess of Leicester,' which though unattributed resembles James Heath's style. Most of these prints probably belong to an earlier edition of Sir Walter Scott's novels, probably 'Tales of My Landlord'

1. - Frontispiece / title-page - plate size 6 x 4cm.
2. - The Abbot, Death of Seyton.
3. - The Two Sons - Ronald at the Cottage Door.
4. - Kenilworth - Death of the Countess of Leicester.
5. - Machinations of Sir Richard Varney.
6. - The Doge of Venice - Meeting of the Conspirators.
7. - Tales of the Heart - Meeting Mrs.Pendarvey with her husband at Paris.
8. - Madeleine at the Shrine of the Virgin.

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Separate print - Engraved by James Heath after I.T.Barber. Published by T.& H.Rodd. Bisset, who died in 1805, kept an academy, and published an edition of the 'Spectator.'
1. - Robert Bisset Ll.D. - plate size 9 x 8cm. Oval. 'Published 1 July 1821.'

1821 Circa
The Heath Family Engravers 1779-1878, Volume 3. by John Heath

Letter - From James Heath - to unknown.

Dear Sir,
I have sent you a number of this month's Lady's Magazine. If you can recommend it, I shall feel obliged.

You will perceive that the Engravings are worth three times the purchase expense.
Yours truly

Jas. Heath
I thank you for the Mirror which has not been used.

Monday 1 January 1821
New Times (London)

Insolvent Debtors' Court

In the matter of Rev.John Dymock, an Insolvent.
A Rule Nisi in this case had been obtained by Mr.Heath a short time ago for the assignee, Mr.Ubank, to shew cause why he did not proceed to sell part of the insolvent's estates to pay the debt of Mr.King, of 500/. under the circumstance:- A few years ago the insolvent obtained the benefit of the Act, at which time he was entitled to some estates of considerable value on the death of his brother, and owing to the great disadvantage this reversion would then sell for, the assignee, by leave of the Court, did not proceed to the sale of the reversion; since which the brother died, and the insolvent was now in possession.

Mr.Ballatine and Mr.Pollock both rose to shew cause against this rule; Mr.Ballantine being instructed by the assignee, and Mr.Pollack by the insolvent.

Mr.Pollock was proceeding to shew cause, when the Court inquired against whom the Rule was moved, and on reference to the Rule it appeared against the assignee only, when the Court desired Mr.Ballantyne to proceed, who shortly stated, that the insolvent became possessed of three estates, encumbered by a mortgage of 12,000/. so that the insolvent was merely entitled to an equity of redemption, and his client, Mr.Ubank, was perfectly willing to do whatever the Court might direct about this matter.

Mr.Heath replied, that all his client wanted was to get his debts paid.

The Court made the Rule absolute.

Tuesday 2 January 1821
Morning Herald (London)

Insolvent Debtors' Court. Jan.1

Thomas Price, an officer in the army, was opposed by Mr.Heath on the ground of having contracted the debt for which he had been sent to prison under false pretences. The Learned Counsel also stated, that it was incurred under circumstances of the most dishonourable and shameful nature.

Anne Chapman said that she lived as a servant at the Gatehouse Tavern, at Highgate; that the prisoner, who lodged in the neighbourhood had been in the habit of coming there to spend his evenings; that he got acquainted with her, and pretending that a considerable sum of money was owing to him from Government, which he every day expected to receive, he prevailed upon her to lend him the sum of 18/. which she had saved in the course of her servitude. Having heard that the prisoner was about to go to the West Indies, she, by the advice of her friends, applied for the money; she obtained his note for the payment, and afterwards had him arrested on that note.

The Court expressed the strongest indignation at the conduct of the prisoner, which, for a man in his situation in life, was most disgraceful, as well as fraudulent. The sentence therefore was, that he should remain in prison for six months, unless before the expiration of that time he allowed the poor woman the amount of her demand out of his pay.

Wednesday 3 January 1821
Morning Chronicle

Insolvent Debtors' Court.

Charles Frederic Broderson was brought up yesterday, on this petition to be discharged.

Mr.Heath opposed his discharge, on the part of several creditors.

The insolvent is a Swede, but speaks English intelligibly. - He stated that he had been a merchant and agent since the year 1812; that he had previously been a traveller for three or four years, but that he had never been a waiter at an inn; that he left Copenhagen in the year 1817, from whence he went to Hambro.' where he staid some time and then went to Paris, from whence he came to London.

He said, since he came to London he had accepted several bills for the accommodation of his brother Gustavus and that he had also drawn several bills for his accommodation on a person of the name of Whitcomb, who had kept a shop in the Borough. He admitted that at the time of drawing and accepting those bills, he had himself no means whatsoever of paying any part of them, but that he entirely depended on his brother's providing for them, as, although he had just before been discharged under the Insolvent Act, his prospects were very great.

Being asked what the nature of his brother's great prospects were? he said that he expected that a lady of great fortune would marry him, but she disappointed him. He said the lady was a native of Hambro' and that when in London, she lived in Hanover Square, and that he had frequently met her at his brother's lodgings.

Some letters, written in the Swedish language, dated from Paris, and addressed to his brother Gustavus, but without any signature, were here shewn him and he was asked whether they were his writing? he said the writing was like his, but he could not say it was, neither would he swear it was not.

Mr.Heath said he would endeavour to bring the letters to the Insolvent's recollection, but reading part of their contents; he accordingly read, from a translation, the following extracts:- - - - -

- - -
It was evident that neither the insolvent nor his brother had the slightest prospect of paying, but that their whole conduct was fraud and conspiracy. The Court would therefore punish him to the utmost extent of its power, and accordingly sentenced him to two years' imprisonment.

Wednesday 3 January 1821
British Mercury or Wednesday Evening Post.

Insolvent Debtors' Court - Monday, Jan 1.
Thomas Prince was brought up to be heard on his petition. His discharge was opposed by Mr.Heath on the part of Ann Chapman. - - - The Insolvent admitted that he had no pay due to him, and said he did not know whether his father lived, but believed he was in France; he also admitted that he was about going to the West Indies at the time he was arrested.

Mr.Heath said he could not trust his own feelings to offer any observation to the Court on the Insolvent's conduct - that a person claiming to be a gentleman should take advantage of the compassion which a poor servant had felt for his distress, to deprive her of the fruits of her laborious industry, and unquestionably of great frugality, was a case of great cruelty which happily the Court was not often called to decide upon.

The Court said it was unnecessary as it would be painful to give any expression to its feelings on this case, but hoped the sentence of the Court might obtain justice for the much injured creditor.

The Court then declared that the Insolvent should not be discharged for six months without the consent of his opposing creditor.

Wednesday 3 January 1821
Morning Herald (London)

Insolvent Debtors' Court
Elias White, a coach maker in the Kent Road, who had been before the Court on a former day, and remanded in order to give him an opportunity of amending his balance-sheet, was again brought up and opposed by Mr.Heath on the ground of concealment of property. It was contended that he had been in possession of 40/. of which he gave no account in his schedule. His debts were stated at 994/.; his property at the time he became insolvent, was estimated at 604/. and 400/. of this was unaccounted for.

Mr.Sheldrake, the principal creditor, being called as a witness, stated that the insolvent had come to his coach wheel manufactory and after representing himself to be in a prosperous line of business, obtained from him upon credit four thousand spokes for carriage wheels, he afterwards wanted to purchase more spokes to the value of 500/. but the witness declined to let him have any more. Shortly after this, the witness happened to take a ride to the Curtain Road and he there saw, in a wheel manufactory, a quantity of spokes, which he knew to be the same he had sold to the insolvent and which it appeared he had disposed of immediately after he obtained them from the witness.

Mr.Sheldrake afterwards finding that White became insolvent, went to him and asked what he had done with his property; the insolvent answered that he had deposited the sum of 200/. in the hands of a friend for the benefit of his creditors. - - - continues - -

Joseph Levi, an old Jew, with a long beard, 85 years of age, was the next creditor who gave evidence. He said the insolvent had purchased a watch of him, for which he undertook to pay 10/. but he sold the watch afterwards and the Jew never got his money. When he went to the insolvent's house he saw a quantity of plate in his possession which he supposed to be worth about 30/. and also a library of books.

- -- continues - - -

Wednesday 3 January 1821
New Times (London)

Insolvent Debtors' Court Jan.2

In the matter of Charles Frederick Broderson, an Insolvent

In this case the insolvent was opposed by Mr.Heath for Mr.Brookes and the assignees of a Mr.Ehrenstrom and was supported by Mr.Pollack. The insolvent was examined at great length by Mr.Heath from which it appeared that he had in his schedule disputed Mr.Brookes's debt, asserting he had not received value for the bill on which the debt was stated, but admitted his brother had received the value of the bill in watches. This bill was drawn by J.Widcombe and made payable to the insolvent's order, and by him indorsed by his brother, and he acknowledged being present when the watches were delivered to his brother in his counting house; his brother's name was Gustavus, and he now did not mean to dispute that value had been given for the bill- - - -

Thursday 4 January 1821
Globe.

Insolvent Debtors' Court.

Robert Hamilton, a Lieutenant on the half-pay of the 61st regiment of foot, was opposed by Mr.John George Dallinger and Mr.Shuter.

- - - - long article - - - -

Mr.Heath addressed the Court on the behalf of the Insolvent and contended that nothing had appeared which gave Mr.Dallinger a shadow of right to oppose his discharge. As to Mr.Shuter's claim, though there was undoubtedly some difference in the account given by that Gentleman and by his client, yet from the wording of the letter which had been read, it did appear to him that Mr.Shuter was mistaken.

The Court was of opinion that, as regarded Mr.Dallinger, he was so fully cognizant of the origin of the transaction on which the bills he held were drawn, that he was precluded from urging any objections to the discharge. With respect to Mr.Shuter, the Court considered that he had acted under a misrepresentation which he advanced the money for the Insolvent's use, but even had every thing been truly stated, the Court could not, under all the circumstances consider the - - - -

Friday 5 January 1821
Morning Herald (London)

Lord Byron's Works - A new, and very beautifully printed Edition of Lord Byron's Poems, comprised in 5 vols. foolscap 8vo. price 35s., is just published by - John Murray, Albermarle Street.
Twenty-two Plates, to illustrate the Works by Heath, after Westall's Designs, are sold separately, 30.

Friday 5 January 1821
Morning Herald (London)

This Day, in 4 vol. £3.3s., 8vo. £2.2s., and fc.8vo. £1.1s.
A New Series, consisting of twenty-one Plates to illustrate Lord Byron's Works. Engraved by Charles Heath, from Drawings by R.Westall, R.A., with a Portrait, engraved by Armstrong, from an original Picture - By T.Phillips, R.A.
Printed by John Murray, Albermarle Street.

Saturday 6 January 1821
Globe

Charge of Stealing

A person of a respectable and genteel appearance of the name of Abbott appeared to give evidence before Sir Robert Baker and Mr.Munshall in consequence of a summons in a case of felony, on a stolen 50/. Bank note.

An Attorney attended to state the case, which was rather complicated, and who very humanely said he was pursuing the investigation to trace out the stealer of the 50/. more out of humanity than professionally for a poor woman who, we understood him to say, had been robbed of several 50/. Bank notes and three 5/. Bank notes, which were her all.

He had traced the note in question to be paid into the Bank of England from the Bank of Messrs Hoare and Co., who had received it from Messrs.Rogers, who took it from Mr.Heath (we understood the engraver) who received it from Mr.Abbott, and here his search ended.

He had searched a house in the Borough for the notes, and during his trace and investigation, he had received such information as left no doubt in his mind that the note had been sold - a common practice among experience thieves, to sell stolen Bank notes for half their value, to avoid their being traced to them.

The Attorney further stated, that on his applying to Mr.Abbott respecting the 50/. which he traced to him, he did not deny having paid Mr.Heath a 50/. Bank note or that the note he traced was the identical note; and Mr.Abbott introduced a person to him, whom he called his friend; he examined the 50/. Bank note, as he said, to trace out names on it. On the face of the note there appeared "Mrs.Partridge" and "Mr.Marsden" and his friend instantly identified them as Mrs.Partridge of Pimlico, and Mr.Marsden the horse-dealer. - - - continues -- - -

Tuesday 16 January 1821
New Times (London)

Tenth Edition of Lalla Rookh.
This Day is Published, in 8vo. price 14s.
Lalla Rookh, an Oriental Romance. By Thomas Moore Esq.
Printed for Longman, Hurst, Rees, Orme and Brown, London.
Also just Published, in 8vo. price 12s.
Illustrations of the Poem, engraved by Charles Heath from paintings by R.Westall R.A.
A few of each may be had in Quarto.

Thursday 18 January 1821
New Times (London)

Insolvent Debtors' Court, Jan.17
In the matter of William Stimpson, an Insolvent

Mr.Curwood this day shewed case against a rule obtained by Mr.Heath against a person of the name of Thomas Roe.for a contempt of Court, in practicing as a Solicitor of the Court, not being appointed as such. Mr.Curwood on behalf of his client admitted that he had certainly acted as a Solicitor of the Court but submitted that he had done so in ignorance of his committing any contempt of Court the facts being that he was the clerk of a Mr.Smith, who under a late Act, was an attorney of the Court, and who had been employed by the insolvent to obtain his discharge, and whose petition and schedule had been filed; but before the order of hearing could issue, the late Act expired. - - continues.

Mr.Heath, in reply, remarked that Roe had not been deceived by Mr.Hughes's letter, as in the preceding part of that very letter he had informed him the Court had refused to appoint him an attorney of the Court and that therefore he could receive no petition except they were endorsed "in person" on the supposition that no attorney was employed. - - -continues - - -

Saturday 20 January 1821
Bristol Mirror

Illustrated Works
Just Published by Hurst, Robinson & Co. (late Boydell) 90 Cheapside, London.
And sold by Barry & Son, 21 High Street, Norton, Frost, Bulgin, Rees and Richardsons, Bristol

1. Illustrations of Kenilworth; a Romance, by the Author of Waverley, Ivanhoe, &c. in Seven Prints. Engraved by Heath, Scott, Fittler, Engleheart, Romney, &c. &c. from Designs by C.R.Leslie.

2. Illustrations of the Monastery; a Romance, by the Author of Waverley, &c. in 6 Prints (one of which is executed upon steel) with Vignette Title. Engraved by Charles Heath, from Drawings by Wichard Westall R.A. Duodecimo 9s.6d. Medium Octavo. 12s.6d. Proofs Imperial Quarto, £1.1s. Proofs on India Paper, Imperial Quarto, £1.10s. Ditto, before the letters, Colombier Quarto, £1.16s.

3. Illustrations of Guy Mannering; or The Astrologer; a Novel by the Author of Waverley, &c. in 6 Prints, with Vignette Title. Engraved by Charles Heath, after Drawings by Richard Westall R.A. Duodecimo 9s.6d. Medium Octave, 12s.6d. Proofs, Imperial Quarto, £1.4s. Proofs India Paper, Imperial Quarto. £1.10s. Ditto, before the letters, Colombier Quarto, £1.16s.

4. Illustrations of Ivanhoe; a Romance, by the Author of Waverley, &c. in 6 Prints, with Vignette Title. Engraved by Charles Heath from Drawings by Richard Westall R.A., Prints, Medium Octavo, 16s. Proofs, Imperial Quarto, £1.5s. Proofs on India Paper, Imperial Quarto £1.10s.

5. Illustrations of the Novels and Tales of the "Author of Waverley" in 12 Prints, with Vignette Title, after original Designs by William Allan, and engraved in the first style of the art by Heath, Warren, Engleheart, Romney, Meyer, Lizars &c. Duodecimo, price £1.14s. Octavo £1.11s.6d. Proofs, on India Paper, Imperial Quarto £2.12s.6d. Ditto, Colombier Quarto, before the letters £3.3s.

6.
7.
8. Don Quixote de la Mancha. Translated from the Spanish of Miguel de Cervantes Saavedra. Embellished with Twenty-four Engravings by Charles Heath from Original Drawings by Richard Westall R.A. In four volumes, Foolscap Octavo. Price £2.2s. The same Edition without the Plates, price £1.8s.

Proof impressions of the Engravings are published separately, forming as a Series of Illustrations, a complete Work; or adapted to the purpose of illustrating any other Edition of Don Quixote. Imperial Quarto £2.8s. Ditto, on India Paper, £2.12.6d.
9. The Pilgrim's Progress, by John Bunyan, with Six Plates, from original drawings by Richard Westall R.A. Engraved in the first style by Charles Heath. In one volume, foolscap. Price 10s.6d. The same Edition, without the Plates, price 6s.
Proof Impressions of the Plates on India paper, separate from the Work, price 10s.6d.

10.
11.
12.
13.

14. The British Cabinet Bible; superbly printed at the Oxford Press. With Thirty-one Engravings by Charles Heath, after Paintings by Richard Westall R.A. In three volumes. Imperial Octavo.

Wednesday 14 February 1821
New Times (London)

Insolvent Debtors' Court. Feb.12
In the matter of Richard Court, late of Wollescott, Worcestershire, an Insolvent

The insolvent was opposed by Mr.Heath for E.Oliver Esq., and supported by Mr.Pollock.

Mr.Heath remarked to the insolvent who was a land-surveyor, that he understood his business produced him near 600/. per annum, which the insolvent admitted, and the Learned Gentleman then told the insolvent that if he would give 100/. a year out of the profits of his future business towards payments of his debts, he would not oppose his discharge.

Insolvent first objected to this arrangement saying, "he considered the case a very hard one on himself, for he had received nothing for the debt: it was a consequence of his suit."

Mr.Heath - "Don't go into the history of your Exchequer suit, Mr.Court; if you do, I shall read to the Court what my Lord Chief Baron said upon the subject."

The insolvent finally agreed to allow 100/. a year out of his business if it was the same as it had been the last few years; but if he got less than 500/. a-year, he would allow 50/.; and upon the death of a Mrs.Barker, aged 70 on whose decease the insolvent's wife would receive some property, he agreed to allow 150/.per annum, until all his debts were fully paid.

Upon the insolvent entering into a Rule of Court to the above effect, the opposition was withdrawn, and he was discharged.

Saturday 24 February 1821
Saint James's Chronicle

Hogarth's Original Plates.
This Day is published, price to Subscribers, 1/. 1s. No.XII of The Original and Genuine Works of William Hogarth,
From the Plates lately in the Possession of Messrs.Boydell; and others engraved by eminent Artists: the whole under the Superintendance of James Heath Esq. R.A. accompanied by Explanations of the various subjects by John Nichols Esq., FAS &c.

The Number contains:-
Plate
1. Strolling Actress dressing in a Barn.
II. Taste of High Life.
III. Portrait of Martin Folkes Esq.
IV. Don Quixote, plate 3 and 4.
V. A Country Inn-yard.

London: Published by Baldwin, Craddock and Joy.
The Work to consist of 24 Numbers, of which Twelve are now published, each Number containing Five Plates. The Publication price of each is 1/. but, in conformity with the original Proposals, the Price of every Number is raised to 1/. 5s. at the Expiration of Six Months from the Date of its respective Publication. Thus the First Six Numbers are now sold at 25s. each. The Manner in which Mr.Heath has restored the most minute Lines of Hogarth's Pencil, without making any variation from the last touches of that inimitable Master, has not only given general satisfaction, but excited universal surprise, thus affording one more opportunity to the Admirers of this Painter of Comedies, to possess his Works in a state of perfection nearly equal to that in which he himself left them.

Friday 9 March 1821
Charles Heath, London, to Dawson Turner (Banker)

Dear Sir,
I have the pleasure of sending you with this a parcel containing the two last numbers of Paris, and two first of our new work, Sicily, which I hope you will like - a set to Guy Mannering (ditto), to Pleasure of Hope - Steel plate to complete the set to Monastery, a Proof from Turner for the Yorkshire Work [The History of Richmondshire] and some specimens of our machine Engravings on Steel.

I must trouble you to make me out another list of Plates you want to thew Swiss [scenery], having put away your last favour so carefully I cannot find it. The moment I receive it will [sic] send them and the Letterpress.

The Letterpress to Sicily I shall have the pleasure of sending you shortly as I have desired the Printer [to] put the thing aside for that purpose.

I have been in daily expectation of receiving a note from you or a call both from your last Letter and a Gentleman you were so kind as to send to our establishment in Fleet Street, a partner in one of your Banks, Mr.Halesworth I believe, I hope he will adopt our plan.

The Bank of England as was foretold has totally failed - and the plan given up. They talk of returning to cash payments. We have Members of Parliament with us every day, and there is but one opinion - We are making rapid advances in public opinion, if we do not have the Bank it can only be from prejudice of a determination not to stop Forgery, that we could do it I feel confident. We have much improved lately as you will see by the Specimens I send. You would very much oblige me by giving your opinion as to the consequences of cash payments, whether it would increase the strain or not of family Bankers. In short, what would be its general effect. Your reply on these prints I look for with much anxiety. The small strip of machine work is on an entire new principle. It mixes the two styles of wood and copper together which was never done before, by throwing the white lines over the dark lines. By this the Forger is prevented doing this separately and laying them side by side. He must now do it on one surface of copper or wood. Which [is] impossible!

I hope, my Dear Sir you will excuse my troubling you so much with my concerns but from the kind interest you expressed I thought you might like to know our prospects.

I take the liberty of enclosing two Bills. They are I am sorry to say of a most unconscionable length but if you could do them for me it would greatly serve me. I beg you will give mine and Mrs.Heath's best respects to Mrs.Turner and all your family and believe me to be Dear Sir,
Yours most truly obliged,
Charles Heath

Tuesday 27 March 1821
Morning Advertiser

Insolvent Debtors' Court.
Yesterday there were several persons, who were both opposed and unopposed, discharged by the Commissioners.

John Briggs was opposed by Mr.Heath for Mr.John Clementy, a marshallsea officer, on the ground of some dispute arising out of a bail bond. The Insolvent stated in his examination that he was an attorney's clerk. In April last he signed a bail bond for a friend named Hatt, for which he ultimately became liable. His attorney did not plead to Clemency's action against him, and he admitted he brought a writ in error, which of course entailed additional expense upon his opponent.

Mr. Heath took his objection to the insolvent's discharge, on the ground that by the writ of error he had unjustly exposed the opposing creditors to great additional expense.

The Commissioners admitted the validity of Mr.Heath's objection, and remanded the insolvent for six months from the date of filing his petition.

- - - -
John Kedger was opposed by Mr.Pollock for Mordell and Co. on the ground of concealment. The insolvent stated, in the course of his examination, that he was employed by Messrs.Mordoll and Co. wine and spirit merchants, to collect orders for the house - he owed them £65/. out of his cash account. He was taken before the Lord Mayor, but dismissed, his Lordship thinking the charge resolved itself into a debt, for which he was eventually arrested.

In his explanatory examination by his Counsel, Mr. Heath, he stated, that his terms with Messrs.Mordell and Co. were to receive one penny per gallon commission upon his orders. He brought 43 new public-houses to their house, and the money he was charged with owing he was obliged to lay out in obtaining these orders, as it was the custom, on getting a new purchaser, to lay out something.

Mr.Richardson, of the firm Mordoll and Co. was called by Mr.Pollock. He stated that he took the insolvent to obtain orders for the house, upon the terms of one penny per gallon, but to pay no expenses. However, in consideration of his being a married man, he ordered the cash-keeper of the firm to advance him £2/. per week on his commission account. In this way he was paid £20/. during the three months of his service; his commission only amounted to £4/.16s.6½d for 1160 gallons and a half. Mr.Pollock contended that here was proof of embezzlement.

Mr.Heath, on the other side, contended it was no such thing, but a mere expenditure of money, into which the insolvent was drawn while engaged in procuring customers for this house. In the course of his three months service, it appeared he had procured for the firm 43 staunch public-houses as good customers, and for all this his commission only amounted to £4/.16s. 6½d.

The Commissioners were of the same opinion, and ordered the insolvent to be discharged.

- - - -

Robert Jackson was brought up to be heard on his petition. Mr.Barry opposed his discharge on the ground of his having contracted debts without reasonable expectation of being able to pay. The insolvent stated that in his schedule that he had expected to get a place in the Customs, but it appeared by his papers that he was unable to write; and in what situation, said the Learned Gentleman, could Government place a marksman except that of a sharp-shooter?

The Court asked the insolvent what place he could have expected to get in the Customs, when he was unable to write his name?

The insolvent replied that Mr.Lushington had promised to get him a situation in the preventive service: - a department in which Mr.Heath, who was a Counsel for the insolvent, observed, a sharp-shooter might be a very useful officer. Mr.Nesstrop, a creditor, also opposed the insolvent's discharge. - - - Mr.Nesstrop said, he declined lending the money; but, on being pressed by the insolvent, he agreed, that if the insolvent, when he would go to Rochester, should find it necessary for the preservation of his honour, to pay the £20/.that he might draw on Mr.N. for it, at seven days. The insolvent accordingly drew the bill, and Mr.Nesstrip paid it.

It appeared that the insolvent, at the time, had no money due to him by Lord Bolton, nor any property whatsoever.

The Court said, Mr.Nesstrip's debt had clearly been contracted by the insolvent under false pretences, and declared that he should not receive any benefit from the Act until he should be in prison 12 months.

- - - -
Henry Crouch was opposed by Mr.Heath, for Mr.Austen, the insolvent's landlord. It appeared, by the insolvent's examination, that at the election for Fowey, in Cornwall, where he lived, he voted against the interest of Mr.Austen, to whom he was indebted. Mr.Austen sued him, and obtained execution, and a short time before it was executed, the insolvent removed about £30/. worth of his goods, which he spent before he was arrested.

The Court declared he should not be discharged until he should be in prison nine months.

Tuesday 24 April 1821
Morning Post

Artists General Benevolent Institution - The Subscribers and Friends of this Institution, will celebrate the Seventh Anniversary in Freemasons' Hall on Friday, May the 4th.
His Royal Highness the Duke of Sussex, Patron, in the Chair.
Stewards

Right Hon. Earl of Hardwicke, - Sir Thomas Bell - William Ord Esq., M.P., - Sam J. Arnold Esq. - - - Charles Heath Esq. - - -
Dinner on table at Five o'clock. Tickets (with wines selected by the Committee included) at 1/.1s. to be had of the Stewards, at the Tavern, and of the Secretary, No.65 Upper Charlotte Street, Fitzroy Square.

This Institution, founded in 1814, has no limitations, no exclusive privileges; its Members consist of Benevolent Subscribers, who object is, by an appeal to public liberality, to extend relief to all distressed Artists whose Works are known and esteemed by the Public, and to their Widows and Orphans.
Merit and Distress form the only claim to its benevolence.
John Young, Hon. Sec.

Thursday 26 April 1821
Star (London)

This day was published, in Quarto,
With Fourteen Plates, engraved by Charles Heath, price £2.15s.
A Tour through the Southern Provinces of the Kingdom of Naples. By the Honourable Richard Keppel Craven. To which is subjoined, a sketch of the immediate Circumstances attending the late Revolution.
Printed for Rodwell and Martin, New Bond Street, London

Friday 8 June 1821
Morning Herald (London)

Court of King's Bench - Thursday
Sittings after Easter Term at Guildhall, Westminster, before the Chief Justice and Common Juries
Rivers v Heath
This was an action for work done. Mr.Solicitor General and Mr.Puller were Counsel for the Plaintiff, and Mr.Scarlet and Mr.Chitty for the defendant.

From the statement of the Solicitor-General, it appeared that the defendant in this case, a well-known artist, had entered into a contract with Messrs.Baldwin and Co. to give a new edition of the celebrated plates of Hogarth. The plaintiff was employed on the famous "March to Finchley" and after labouring upon it for about seven months, returned it to Mr.Heath, who thought it in a very imperfect state, and requiring much more to be done before it would be fit for publication.

Mr.Heath, however, paid the plaintiff the sum of £44/. with which the latter was not satisfied and brought the present action to recover a full compensation for his time, skill and labour. Three impressions of the "March to Finchley," were then produced; and first, which was the original print and the subject for the new impression was marked No.1.

The second which was that on which the plaintiff had bestowed his labour, was marked No.2. And third, which was an impression taken from the plate of Mr.Rivers, but improved and finished for publication by Mr.Heath and his pupils was marked No.3

Mr.Sharpe, Mr.Milton and other artists were then examined on the part of the plaintiff. All of them concurred by thinking that considerable time, labour and skill were bestowed by the plaintiff on the original to bring it to the improved state of No.2. The alteration and improvement would, in their opinion, occupy from six to nine months of the plaintiff's time, allowing that he worked at it even every day during that period. They thought half-a-guinea a day little enough for such an artist as Mr.Rivers.

The plate from which the impression No.2 was taken was, in their judgment, well executed, and the plaintiff had sufficient skill for such work.

Mr.Scarlett, for the defendant, addressed the Jury and said, if he was not deceived by his instructions, he would be able to make out a most clear case for his client. It was a clear and undoubted proposition, that works of that nature were not to be estimated by the time and labour bestowed on them, but by the genius and skill of the artist.

Mr.Heath had a kindly feeling towards the plaintiff, who was only a subordinate artist, and, unquestionably, inferior to Mr.Taylor, who had agreed with Mr.Heath to finish, even for publication this very plate, the "March to Finchley," for the sum of fifty guineas; but, in consequence of the plaintiff's application, the defendant, considering his circumstances , applied to Mr.Taylor and was released by that gentleman from his contract, in favour of Mr.Rivers.

When Mr.Rivers, after some months, brought back the plate, it was in a very imperfect state and the work could not be valued at more than £30/. or £40/.; and , in order to finish it for publication Mr.Heath and his pupils had to bestow considerable time and pain on it.

When the Jury saw that one artist had contracted to complete the engraving for fifty guineas and the plaintiff had received £44/. for doing it in that imperfect and unfinished state, they could easily estimate the claim of the latter.

Mr.Allen examined by Mr.Chitty - Is an artist and pupil to Mr.Heath; remembers that the plaintiff was employed by the defendant on "March to Finchley;" saw the plate when the plaintiff brought it home; it required considerable work after. Witness was employed a week on it, and went over the whole of it except the faces which were finished by Mr.Heath himself. No other was employed on it; did not know how long Mr.Heath was at the faces; it was apparent to common sense that great improvement was made on No.2. Forty four pounds was ample payment for what Mr.Rivers did, and witness would be well satisfied with so much.

Mr.Fox examined by Mr.Scarlett is also a pupil of Mr.Heath, and thought Mr.Rivers at least well paid, if not overpaid by the sum of £44/. This gentleman confirmed the evidence of the preceding witness; and, in his cross-examination by Mr.Puller, admitted that Mr.Heath retouched most works when sent home to him by those subordinate artists whom he occasionally employed

Mr.Taylor, examined by Mr.Scarlett, is an artist, and had contracted with Mr.Heath for doing "The March to Finchley" for 50 guineas, but, on application from Mr.Heath, relinquished that contract in favour of Mr.Rivers. Witness would have completed the work, and finished it for publication for fifty guineas. The plaintiff, in his judgment, was well paid by 44/.

Witness, in his cross-examination, admitted that the manner of striking off the impressions made a great difference'; did not know by whom No.2 was (given?)

Mr.Barry and other engravers were examined, and confirmed the testimony of the preceding witnesses. They thought No.2 very unfinished compared to No.3 and that 40/. was sufficient payment.

The Solicitor-General replied.

The Chief Justice recapitulated the evidence, and having commented on it very clearly, told the Jury, if they were of opinion that 44/., which the plaintiff acknowledged to have received, was ample compensation for the labour and skill bestowed by the plaintiff on the engraving in question, they would, in that case, find their verdict for the defendant; but if they thought 44/. not enough, they would find for the plaintiff, and would, in that case, assess the sum which they thought him entitled to in addition to the 44/.

The Jury, after a short consultation, gave a verdict for the plaintiff - Damages 36/.

Thursday 14 June 1821
Charles Heath, London, to Dawson Turner (Banker)

My dear Sir,
I have the pleasure of sending with this a Parcel containing the Letter Press wanting to complete your Swiss Scenery and the Proofs minus one which I cannot find but will send with the next numbers of Paris ditto . . . the set of Westlakes on to a Bible and Testament. The first number of Shakespeare, the last Sicily Plates, the Paris, the first of Germany, a few shillings which I hope Miss Turner will do the honour to accept and the new Bank Note complete the list.

I likewise enclose a few Notes most of them from Ladies of Fashion, The Marchioness of Hertford etc. etc. Should they not come within your collection you will be so good as burn them. If they do I can procure you many such. The others are from Artists and one from the duchess of Bedford.

I have requested Mr.Ellison to procure the Actors hand writing, which he has promised.

I hope my Dear Sir that yourself and family arrived safe at home and experienced no inconvenience from your and late hours in London. I beg you will present my best regards to the Ladies in which Mrs.Heath joins and regrets most exceedingly that her being out of town prevents her having the pleasure of being introduced to Mrs.Turner. I trust she will be more fortunate on your next visit to town.

I feel quite ashamed after the very friendly acts received at your hands to trespass again but if without inconvenience you could cash me the two enclosed Bills it would much oblige me.

I beg you will make no hesitation of returning them if at all inconvenient.

With best respects to all your family believe me Dear Sir,
Yours most faithfully,
Charles Heath

Wednesday 20 July 1821
The Heath Family Engravers 1779-1878, Volume 3. by John Heath

Letter - From Sir Thomas Lawrence P.R.A. to Charles Heath

Sir Thomas Lawrence presents his compliments to Mr.Charles Heath, and will have the pleasure of meeting him at the Gallery at half past Two o'clock on Sunday
Russell Square

Wednesday 15 August 1821
James Heath to Dawson Turner

Mr dear Sir,
Some time ago you purchased of me for the sum of fifty guineas the Drawings from which I engraved the Plates in Sir Jonah Barrington's History of the Union of England and Ireland.

Sir Jonah has lately settled in France and he has written to me for those Drawings. He was in my debt to the amount for which I sold them to you, and at that time I thought it was a good way to liquidate the account between us.

He now wishes to have them back again and if will therefore oblige me very much if you will return them to me, as I fear otherwise he will make it a cause of quarrel with me, as I had not permission under his hand to dispose of them.

I shall be at my Friends in Leicestershire in the course of this month, and if he is in the same humour for visiting Yarmouth as last year, I shall have great pleasure in introducing him to you.

With kindest regards to Mrs.Turner and your amicable Family believe me Dear Sir, sincerely yours.

James Heath

Thursday 6 September 1821
Morning Advertiser

Insolvent Debtors' Court.
George East, whose petition was appointed to be heard this day, was called, but did not appear - an officer from the prison in which he is confined stated, that the insolvent had refused to come up.

Mr.Heath, who had been engaged by an adverse creditor to oppose the Insolvent's discharge, applied to the Court, that, as he refused to come up to be examined, the provisional assignee of the Court should proceed to make a dividend of his effects. - - -

The Court, after some consultation, stated, that they had no power to make such an order - when an Insolvent applies for his discharge under the Act, he must do it in the terms prescribed by the Act - that is, by assigning all his property for the benefit of his creditors - - -

Mr. Heath contended, that, under the present Act, the insolvent was bound to petition in a given time, which he submitted was one of the greatest improvements it contained on former Acts. The present was made to resemble the Bankrupt Act, which compelled the debtor to surrender his property for the benefit of his creditors; and it could not be allowed, that when an insolvent petitioned for the benefit of this Act, and had assigned his property to assignees of the Court, for the benefit of his creditors, that, when he found his discharge might be opposed, he should refuse to be examined, and should repossess himself of his property. - - -

The only thing left, therefore, in the power of the Court, when an insolvent refuses to come up to be heard on his petition, is to dismiss his petition, which leaves him and his creditors in the same relative situation they were in before he presented his petition to the Court.

Friday 14 September 1821
Charles Heath to Dawson Turner.

My dear Sir,
With this I have the pleasure of forwarding the last number of Paris and the Proofs of Sicily and Germany. Likewise a portrait of Mr.Perkins drawn by Mr.Leslie, the author of May Day in the Reign of Queen Elizabeth in the last exhibition. This is considered a very good likeness and I hope will be acceptable to Mrs.Turner.

I am sitting for a Drawing which when done shall have great pleasure in sending to Yarmouth and should feel too much flattered if Mrs.T. should consider it worth the trouble of engraving.

I will thank you to look at your numbers of Paris and inform me if you have number 10 as I have some doubt on the subject. If you have, I think it probable you may have received some of the proofs send herewith of Sicily in which case you will be so kind as to let me have them again or it will break a set. If the 10th No. of Paris has not been sent I will enclose it in the next Parcel a Portrait of my Father in his younger days from Chinnery, a few Etchings and Letters - I am sorry to say all I have to beg you to be added to your collection, but I trust the next will contain something better, as I have just completed 31 plates for Crabbe, and now my dear Sir, after your last king letter I really fear to ask you to cash the enclosed because these are on Rodwell and Co. but two of theirs to nearly the same amount have run off within the last six Weeks, emboldening me to request if not inconvenient this addition to the many favours already received of the same kind. I could have got these Bills changed if you'd prefer for others, but I firmly believe there is not a safer Havin in London, and though I have received from 5 to 7 thousand yearly of them I never knew a mistake - if you could favour me with an early answer it would add to the obligation.

I beg you will present my best respects to Mrs.Turner and Family and believe me Dear Sir, yours most truly,
Charles Heath

Thursday 12 October 1820
New Times (London)

Insolvent Debtors' Court, Oct.11
In the matter of Gabriel Tahourdin, an Insolvent
The debts in this case as admitted in the Insolvent's schedule amounted to the enormous sum of £66,531/.2s. 7d. an there were no less than six different opposing creditors. Mr.Andrewes and Mr.Heath supported the insolvent, and Mr.Pollock opposed for four several creditors, and Messrs.Adolphus and Dowling were also employed by other creditors of the insolvent. When the case was called on, Mr.Pollock, on behalf of Mr.Champneys, one of the opposing creditors, moved the Court, to report upon the accuracy or inaccuracy of the schedule. In support of this motion, the Learned Counsel stated, he was instructed that Mr.Champney debt was set down in the schedule as £500/. whereas he claimed as many thousands, and also Mr.Lawdey's debt was also stated as £4,000/. when the claim set up by him was £40,000/. - - -

The Court granted the application, and appointed Mr.Dance to examine the schedule and report thereon, and in the mean time the Court adjourned the further consideration of the case until the 13th day of November, at Westminster.

- - - -

In the matter of Richard Walthew, an Insolvent.
This Insolvent was a Solicitor, practising at Chertsey, in the county of Surrey. He was supported by Mr.Pollock, and oppose by Mr.Heath on behalf of Mr.Helstone and Mr.Willoughby, and also by Mr.Ballantyne on behalf of Messrs.Borrow and Deans.

The insolvent was examined by Mr.Heath, and stated, that a bill was filed against him by Mr.Helstone, in Trinity vacation last year, and final judgment was obtained in Hilary Term last; and Mr.Willoughby also filed a bill, and obtained judgment against him at the same time. Mr.Taylor, who had formerly been his agent, put an execution into his house about November last, under which a valuation was made, and he executed a bill of sale to Mr.Taylor, for all his furniture, plate, linen, &c. Mr.Taylor's wife, and the wife of the insolvent are first cousins. - - -

With respect to the warrants of attorney given to Mr.Taylor (which the Learned Gentleman at first overlooked until Mr. Heath was beginning to draw the attention of the Court to that part of the case), the Learned Counsel contended that the warrants having given so many years back was strongly evidence they could not have been with a view of defrauding his creditors.

Mr.Heath replied at considerable length: he contended, that the defence had entirely failed, and that unless a man who is an Attorney and well acquainted with the nature of dilatory pleas is visited under this Act, how can they visit an ignorant person who knows nothing respecting it? Is it likely the agents would have pleaded in this manner without having some general authority to do so? With respect to the warrants of attorney, no man would believe that after they had been lying by for so many years they could have been proceeded in with a view of obtaining the property for Mr.Taylor's own purpose, but merely with a view of protecting it for the insolvent and his family. - - -

The Court thought the bill of sale had an extremely suspicious appearance; but admitted it had not been brought home to the insolvent. With respect to the other cases, it was a material fact, that the insolvent in this case is an attorney, and therefore the sentence of the Court is, "That the insolvent shall not be entitled to his discharge until he shall have been confined at the suits of Helstone, Willoughby, and Borrow and Co. or one of them, until the expiration of four months from the date of his petition.

Monday 22 October 1821
Morning Herald (London)

Partnerships Dissolved.
Jacob Perkins, G.Fairman, Charles Heath, G.Thomas Heath, and Marcus Bull, of Fleet Street, engravers and printers.

Thursday 8 November 1821
English Chronicle and Whitehall Evening Post.

Insolvent Debtors' Court - Tuesday.
Robert Westfield Benjamin was opposed on behalf of several creditors, by Mr.Heath, who examined him very minutely respecting the state of his affairs, and his present income. It appeared that the insolvent still holds the situation of Inspector of Army Accounts in the West Indies and America, and that his present salary is £365/. a year. The insolvent said he was married, and had four children. His wife was now in Paris, and he could not give any inventory of her effects. Being asked why a debt of £62/. was marked "disputed," in his schedule he said the debt had been contracted with a Mr.Richardson, for silk mercury, at a time when she lived separate from him, and was receiving the income which he allowed her; she was now receiving from one-half to two-thirds of his salary. - - -

The Court - How did you get out of prison? - I settled with the detaining creditor, who was the undertaker at my mother's funeral; his debt was only £11/.

Mr.Heath - The best mode of settling this business is to accede to a proposal which I am now authorised to make; that the insolvent shall give up £65/. a year from his salary to the creditors. There will then remain £300/. on which he and his family may live very well. That sum is now as valuable as a salary of £400/. a year would have been some years ago.

The Court - You have contracted a debt of £600/. and this is the only way by which you can get out of your present situation, and do justice to your creditors. - - -

The Chief Commissioner - Will you agree to the proposal, or will you not? - Oh! certainly Sir, I will. The Insolvent was then discharged on agreeing to give up £65/. a year, provided his salary should not be discontinued, or reduced; in which case he must apply to the Court again.

Saturday 8 November 1821
Public Ledger and Daily Advertiser

West v. Francis
This was an action against the defendant, a vender of prints, in Bath Square, for selling certain prints, said to be pirated, copies of prints of dramatic characters, published by the plaintiff. The prints in question, seven in number, were "Sir Patrick McFinn; The Combat in Timour the Tartar; the Combat in Ivanhoe; the Combat in The Lady of the Lake; and a Triumphal Car." Engraved for the plaintiff by Mr.Heath. "The Combat in Chevy Chace," by Mr.Stodart; and "A Pair of Cars," by Mr.Tompkins.

On the part of Mr.West, several engravers were called, who swore that the prints sold by the defendant, which are published by Spencer, were copies of Mr.West's original prints. That Mr.West had suffered materially in his property as the defendant's prints were of inferior execution, and were sold at half the price.

Mr.Gurney, for defendant, showed a variety of variations in the different points, contended, that on the decided cases, especially on that of Geohagan, relative to Mr.Fox's bust, in which there was a strong resemblance, except in the drapery, Lord Ellenborough held, that where the draperies varied, he could not say one bust was a copy of another. Here the draperies were different, the attitudes different, and in one plate there were more figures in the defendant's copy, as it was called, than in the original.

Mr.Gurney also contended that the Act of Parliament made a distinction between the artist who copied with additions or alterations, and the seller of such altered copies. The Act of Parliament would punish the artist who altered for the purposes of fraud; but the seller was only liable if he sold an exact copy.

The Chief Justice recommended a verdict to be taken for the plaintiff for 40s. subject to the opinion of the Court hereafter; which was done accordingly.

1822