Michael D.Heath-Caldwell M.Arch.

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

1828 - 1829 - 1830

James Heath R.A. aged 71/72
Mary Heath (ne Phillipson) aged 71/72

George Heath   aged 49/50
Anne Raymond Heath (ne Dunbar)  aged 41/42

Julia Anna Harrison (ne Heath) aged 21/22
John Moore Heath aged 20/21
Douglas Denon Heath aged 17/18
Dunbar Isidore Heath age 13/14
Leopold G. Heath age 11/12
Emma Jane Whatman     aged 7/8

The Heath Family Engravers - Volume 3 - by John Heath
Fine Arts 1829

The Keepsake.

We have been favoured with a set of the plates prepared for the forthcoming Keepsake. Great as the efforts of the conductors of those beautiful periodicals commonly called "The Annuals" have been heretofore, they must be more prodigious than ever, now, if the splendid specimen before us is not to stand unrivalled . . . . etc. etc. . . . it offers to the lover of the fine arts a collection of extraordinary beauty and almost unprecedented value. The engravers are Heath, Goodyear, etc.

Monday 6 January 1829
Charles Heath, 6 Seymour Place, Euston Square, to Dawson Turner

My Dear Sir,
With this letter you will receive two parcels, on containing a set of Proofs on India paper without any writing of the Keepsake Plates, the other a large and smaller paper copy of the same work which I trust will meet your approbation. The sale has been very extensive - at present about 16,000 besides Proofs and the large paper copy. Had I been out earlier the sale would have been very much larger, next year I shall be in better time, and shall I hope sell more, having made arrangements for an Edition in America and another in Paris.

I expected to have heard from you long since to inform me how many you want to complete the last Years Proofs - and I will thank you to say at the same time how many numbers you have had of the England and Wales. Three more numbers are nearly ready of that work which has been delayed in consequence of Mr.Turner's absence from London.

I sincerely regret that there has been yet no dividend on my Estate which is entirely owing to the Chancery suit - the cause is however ordered for Trial and I hope will soon be settled. We have beat them on every point at present and I have no doubt shall in the next trial, when that is settled there will be a dividend of at least four or five shillings as far as can be judged at present.

With best respects to yourself and family.

Yours very truly obliged,
Charles Heath.

Wednesday 7 January 1829
Morning Chronicle

Juvenile Annuals
1. Juvenile Keepsake contains Eight beautiful Engravings on Steel by C.Heath &c., Edited by T.Roscoe Esq. Elegantly bound, published at 8s. Sold at 72.6d.

Saturday 10 January 1829
Records of the Heath Family, Vol.1

Trinity College, Cambridge

G.Heath Esq., 69 Euston Square

My dear Sir,
I cannot omit this opportunity of offering my most hearty congratulations upon this recent distinction gained by your two sons, both of them passed most distinguished examinations; and I consider it no small grace and addition to these splendid literary honours, that their conduct has been so modest, and so well entitled to the approbation of their academic superiors.

Douglas is very much the first man in his year, and I have no fear of his maintaining his place. His abilities are of the very highest order, and I trust that he will aim at the very highest distinction which the university can confer.

Believe me, My dear Sir, Very truly yours,
George Peacock.

February 1829
The Heath Family Engravers 1779-1878, Volume 3. by John Heath

Letter - Charles Heath to Sir Walter Scott.

You are well aware that the whole of my time is so much occupied that I have not undetaken a Plate for any publisher the last three years - at the same time if possible I exert myself to oblige you.

There is, however, one condition which I trust you will not object to, namely that instead of money you pay me for any Plates I may engrave by writing as many pages per Plate as may be agreed on. I trust it will not be long before we receive the promised Tale for the next volume of the 'Keepsake' as we are now going to press.

I suffered such a severe loss by not being earlier last year that I am making double exertions to be out sooner next, it makes some thousands difference in the sale.

I think the prospectus of your plan of republishing all your Novels and Tales with Plates is excellent, and certain of a great sale - but you must not be offended if I say that as they are not new works the Plates will be a great attraction, particularly now when the Arts are so appreciated - much of the extensiveness of the sale will depend on their existence both as to design and Engraving.

I saw at Mr.Graves a Portrait of yourself by Wilkie - intended as a Frontispiece in the Work. If my advice is worth anything I should say do not engrave it - there is no resemblance. Mr.Edwin Landseer has the finest likeness of you in the World.
I hope you will excuse my freedom and allow it to pass as it is meant.

With best respects I remain Dear Sir,

Your most sincerely obliged,

Chas. Heath

P.S. I hope for an answer that I may arrange accordingly?

23 February 1829
The Heath Family Engravers 1779-1878, Volume 3. by John Heath

Letter - from Charles Heath to

Dear Sir,
Your letter enclosing one from Sir Walter Scott has been received tho' not till Six Weeks after its date.

In Answer I beg to say that I have ceased altogether from Engraving for any other Works than my own - and my time is so much occupied that it would be some time before I could get you a Plate finished.

Indeed there is but one thing that would induce me to do one at all, that is, instead of being paid in money Sir Walter Scott much write me so many pages as may be agreed on for my 'Keepsake.'

This may induce me to Engrave you one or perhaps two Plates. Mr.Graves is willing to let them come in at times that will suit me, and Sir Walter need not write till he has received the Engravings.

I shall have the pleasure of writing to Sir Walter Scott on the Subject by the same post that you receive this.

I am Dear Sir, Yours truly
Charles Heath
London

27 February 1829
The Heath Family Engravers 1779-1878, Volume 3. by John Heath

Letter - from Robert Cadell to -

Dear Sir,
We are favoured with yours of the 23rd. It is impossible for us to ask Sir Walter Scott to do what you wish. He must be left to reply to your proposal in the way to send his own views.

We are sorry we cannot have your Aid in the usual way.

Yours truly
Robert Cadell.
[Cadell and Davies were well known publishers]

Sunday 6 March 1829
Englishman

Insolvent Debtors' Court - Tuesday

Important to Tradesmen.
Mr.Heath (with whom was Mr.Therry) opposed the discharge of WM.Elliott (sic) for obtaining credit from T.Weston by fraudulent representations and for not giving a full and satisfactory account of his property in his schedule.

The circumstances of the case were these:- The insolvent, William Elliott, was a butler in the service of W.Lack Esq. Undersecretary of the Board of Controul. By letters to Mr.Weston representing himself and his wife to be possessed of considerable property in the funds and by solicitations of loans on behalf of his nephew, who, he stated would shortly come into possessionof £1,200/. he obtained credit from Mr.Weston to the amount of £365/. Mr.Weston was the holder of bills of exchange to that amount for which he gave consideration, partly in money and partly in wine.

The Learned Counsel (Mr.Heath) submitted that this was a clear cause of obtaining credit by fraudulent representation. Although the giving of consideration, partly in wine and partly in money, in discounting bills was not usual in the higher classes of the mercantile world, yet people in moderate business either from want of capital or from delay in getting off their stock were sometimes obliged to have recourse to this arrangement. - - -

The Chief Commissioner interrupted Mr.Cooke and said that it was unnecessary for him further to proceed, as the point which he had just suggested was one that had forcibly struck his mind since the commencement of this case, namely, the extreme incaution with which Mr.Weston gave credit to this man. Nothing could be more fraudulent than the conduct of the insolvent - he was the worst specimen of a bad class - that of bad and profligate servants. If his conduct alone were to be taken into account no doubt he should be visited with exemplary punishment. But that was not sufficient; it was necessary that the complaining party should come into Court with clean hands. This was not the case with Mr.Weston who could offer no justification ground or pretext whatever in giving credit to a large extent to a person in the insolvent's situation in life. In fact by doing so he had in a great degree facilitated the commission of the frauds of which he now complained. He quite concurred in the observation of the Learned Counsel (Mr.Cooke) that a person who had so neglected the ordinary precautions and rules to be taken and acted upon in ascertaining the responsibility of the party to whom he gave credit, was little entitled to the protection of that Court.

He should therefore order the insolvent, for the various reasons he had stated, to be discharged forthwith. - - -

Friday 3 April 1829
Evening Mail

Insolvent Debtors' Court
In re. Richard Downing Richards
The insolvent, who was brought up yesterday to be heard on his petition to be discharged, was opposed by Mr.Heath, on behalf of Mr.D.Egville of the Italian Opera, who had obtained a verdict against the insolvent for a libel published in the Age newspaper.

Mr.Heath - What business did you carry on?

Insolvent - I have lately been the printer, publisher and proprietor of the Age.

Mr.Heath - Were you the sole proprietor?

Insolvent - Originally I was the sole proprietor, but I disposed of a half share of the property.

Mr.Heath - Are you now the printer of the paper?

Insolvent - No; I believe the name entered as printer at the Stamp Office is Ann Durham.

Who do you consider to be your partners in the concern? - I consider a person of the name of Charles Molloy Westmacott to be a partner in the concern, but I believe the name registered at the Stamp-office is Ann Durham.

Am I to understand that you sold a share to Mr.Molloy Westmacott? - Yes.

Then you are still a partner in the concern? - I consider myself to be a partner to the extent of half of it.

Chief Commissioner - This case can't be heard Mr.Heath. In the schedule the insolvent is described as "late proprietor" of the Age, and he now swears that he is still a proprietor of half of that newspaper. His description is wrong, and he must, therefor, re-advertise.

Mr.Cooke - (counsel for the insolvent). - Probably, Sir, that statement can be explained. Mr.Richards, you have stated that you sold half of this paper to Charles Molloy Westmacott. Have you ever assigned a share to him! - No; I have never executed any assignment to him.

Mr.Cooke - Do you in fact receive any share of the profits of the concern? - I do not.

Chief Commissioner - It is quite clear that this case cannot be now heard. The insolvent has been advertised by a wrong description.

Mr.Heath - Insolvent, I have now to state on behalf of Mr.D'Egville, that he will not offer any opposition to your discharge if you will disclose the name of the author of the libel upon him.

Insolvent - I should consider myself the most disgraceful and dishonourable man in existence if I were to make such a disclosure - if I were to disclose the name of any man who had written an article in my paper. I would be imprisoned for life sooner than do such a thing; and I am convinced that every gentleman who hears me feels that I should act most dishonourable by making such a disclosure.

Mr.Heath - I have nothing to do with the opinions of others; but I make you a proposition, by acceding to which you will obtain your discharge.

Insolvent - I again say, that I never will disclose the name of the author - I should act most dishonourably by doing so.

Mr.Heath (to the Court) - I am instructed to apply that Edward Hughes Ball Esq., a creditor, be appointed assignee.

Mr.Therry - I am instructed to oppose the appointment of Mr.Hughes Ball and Mr.Cunningham of Fleet Street, printer, who are also creditors be appointed assignees. I hope when the Court takes into consideration that Mr.Hughes Ball is a man of fashion and not at all connected with trade, and not residing in England for the greater portion of the year, that it will be of opinion that that gentleman would not be a prudent manager of the insolvent's estate; indeed it is believed by the creditors that if that gentleman were appointed assignee the estate, instead of being made available for the benefit of the creditors, would be destroyed. I therefore submit that it would be better to appoint persons conversant with trade, and therefore more competent to administer such property.

A creditor names Salman also applied to be assignee, and said that if he were appointed he should be able to pay every creditor 20s. in the pound; but if Mr.Ball were appointed his object would be to knock up the paper.

Mr.Heath - You were the printer of the paper, I believe?

Salmon - Yes, Sir; I printed the paper for Mr.Richards.

Mr.Heath - Then I am satisfied the Court will see that the object of the application is to get a friend of the insolvent appointed assignee.

Mr.Therry - If there be an objection to appoint a friend there must also be an objection to the appointment of Mr.Hughes Ball, who is an enemy of the insolvent.

Mr.Heath - Mr.Hughes Ball has no objection to be clothed with the character of an enemy in this respect. He brought an action and obtained damages for which he took in execution types, of which the insolvent was the ostensible owner. Those types were afterwards claimed by Salman and Cunningham to whom they were ultimately given up and they brought an action against Mr.Ball who was obliged to pay them damages for taking those types. Mr.Ball has, therefore, a large claim upon the estate and will do all he can to make the estate available for the payment of his claim.

Mr.Therry suggested the propriety of appointing some person who was neither friend nor enemy of the insolvent.

The Court declined appointing an assignee at present and adjourned the hearing for the insolvent to re-advertise a proper description.

Thursday 21 May 1829
London Evening Standard

Insolvent Debtors' Court - May 21.
Mr.Samuel Godbold, late of Bloomsbury Square, proprietor of "Godbold's Vegetable Balsam," came up to be heard on his petition and was opposed by Mr.Heath on behalf of the Countess of Romford; and Mr.Mahon on behalf of George Irvine

The insolvent, on his examination, stated that he learnt the secret of making the "Vegetable Balsam" from his late father above 30 years ago' that it then produced £3000/. to £4000/. a year, but since decreased by degrees to its present profits which were but from £50/. to £100/. a year. He had made a contract to supply Messrs.Butler of Cheapside with £1,000/. worth of the Balsam but had only delivered £300/. which those gentlemen had paid him for. He had had a freehold estate called Westbrook which was mortgaged for £14,000/. his brother had the estate now having paid off the mortgage; he had various other property at Godalming, Vauxhall and Maida-hill, all of which was mortgaged. He had been extensively connected with stock-jobbing transactions and had last from £12,000/. to £14,000/. in what was termed "time bargains,' up to the year 1824. - - -

There were no wines or plate in his house of any description. He was sure if his estate was well managed that all his debts, which amounted to about £6,000/. would be paid in full.

The court held that no case had been made out against the insolvent and ordered him to be discharged.

Saturday 30 May 1829
Morning Herald (London)

Insolvent Debtors' Court - Thursday
Frederick Richardson appeared on his petition to be discharged. He was opposed by Mr.Heath on the part of Colonel John Cartwright and Edward Pelham, trustees of the defunct thing called the London Brick Company.

Mr.Cooke appeared for the insolvent.

The insolvent examined by Mr.Heath - My opposing creditors are the trustees of the London Brick Company, which is dissolved. The Company sold part of its stock to me in November 1826 - the horses, carts, and materials on the premises; they were paid for on a valuation, and a security given to Messrs.Pelham and Webb for £800/.; it was provided that I should not have possession until paid for. I afterwards sold all to Mr.Atheare for £580/. in March 1828 excepting the ashes and bricks.

Mr.Cooke - The insolvent has assigned five leasehold houses and several debts to Messrs.Pelham and Webb.

Examination by Mr.Heath continued - This was after November 1827. The materials were disposed of at a loss of £100/.I conceived it was my property. I have not received a farthing from Atheare. He is still liable to me in the sum of £1,507/.

Examined by Mr.Cooke - I had dealings with the Company for some time. Was a shareholder myself. They had no charter or Act of Parliament. I had five shares which cost me £150/. - - - They owed me £4,000/ for arrears of rent - - - I was only last night made a bankrupt at the instance of a petitioning creditor to whom I owe £20/.

Mr.Heath here addressed the Court, and said he had conducted the case on behalf of his clients without any ill-feeling towards the insolvent. They considered a public explanation of some of his transactions necessary, and were now content to abide the judgment of the Court.

The Chief Commissioner Reynolds - You have acted very properly in bringing this case before the Court; but it is too much to attribute a fraudulent intention to the insolvent as he has given a satisfactory reason for disposing of a most unprofitable concern. I think, therefore , it would be straining the law very much to decide that there has been any thing fraudulent in his conduct.

A creditor of the name of Brill opposed the insolvent's discharge. He was the holder of two bills of the amount of £15/. each, drawn 29th December 1828, but his evidence was unimportant.

Mr.Commissioner Ryenolds pronounced the insolvent entitled to the benefit of the Act and ordered him to be forthwith discharged.

Sunday 31 May 1829
Weekly Dispatch (London)

Insolvent Debtors' Court - Tuesday.
Joseph James Such, late of Twickenham, table-beer brewer, was opposed by Mr.Heath on the part of a creditor named Harris. It appeared that the insolvent had paid £367/ to his mother-in-law, stated to be money borrowed at different times; and that he had paid to Mr.Harris, the opposing creditor the sum of £50/. subsequently to his arrest.

Mr.Heath contended that there was no proof of the debt being due to the insolvent's mother-in-law; and that if she would forgo her claim his client would give up the £50/. received by him, which would enable the whole of the creditors to share 15s. in the pound. This was refused on the part of the mother-in-law .

The Court considered that there was no proof of the debt; that insolvent had shown an undue preference to Mr.Harris; and therefore sentenced him to be remanded for fifteen calendar months.

Wednesday 15 July 1829
Morning Chronicle

Insolvent Debtors' Court - Tuesday
Mr.William Pedley, the well-known soda-water manufacturer was opposed on his application to be discharged by Mr.Heath on behalf of the Hon.Long Pole Wellesley.

Mr.Heath took a preliminary objection to the special balance sheet filed by the Insolvent, inasmuch as it was a mere transcript of the general balance sheet which he submitted was not in conformity with the rules of the Court.

Mr.Cooke, for the insolvent, contended that the special balance sheet was perfectly in conformity with the rules. It commenced as far back at 1826 when the insolvent's affairs became embarrassed and perhaps his Learned Friend would wish the particulars of the action in which his client was concerned stated fully in it.

The Court, after some further discussion as to the special balance sheet, decided that it was defective, but desired Mr.Heath to proceed in it.

The Insolvent was then examined by Mr.Heath: He stated that his embarrassments began in 1826 since which time he had travelled the Continent on the business of manufacturing soda-water, and his insolvency had arisen in consequence of being nonsuited in January last in an action he had brought against Mr.Wellesley for money expended for Colonel Paterson and he was now in custody for the costs of the nonsuit at Mr.Wellesley's suit. In February he had disposed of some freehold property to his brother for £95/ out of which he redeemed a soda water machine which one of them had in his possession for £25/. which machine had cost him £40/. He did not know where his wife resided, nor did he care (a laugh) His debts amounted to £293/. and he had inserted Colonel Paterson as a debtor in his schedule for £174/. for money paid on his account and for the time he was occupied on the Continent.

Mr.Heath to the Insolvent: Do you mean to swear that Colonel Paterson owes you that sum?

Insolvent: Yes I do.

Mr.Heath: I would advise you to be cautious.

Insolvent: I am obliged to be cautious, I know now whom I have to deal with (a laugh)

Mr.Heath: You had better mind, Sir, what you say.

Here the conversation dropped and the insolvent, in answer to further questions put by Mr.Heath, stated that he had delivered an account of the £174/. which he claimed. It was incurred from February to May 1828. He had, in February last sold his Soda-water machined for £40/.

Mr.Joseph Pedley, a brother of the insolvent and Soda-water manufacturer residing in Oxford Street stated that he, with his brother, in February last, bought (because no person else would) some property of the insolvent for £95/. by which he redeemed his machine. He had bought the property merely to assist his brother and out of charity.

Mr.Heath contended that the disposal of the property in February last after he had been non-suited in his action against Mr.Wellesley was fraudulent and detrimental to the general body of his creditors. He therefore prayed a remand.

Mr.Cooke having replied.

Mr.Commissioner Bowen said the Court could not consider the disposal of the property under all circumstances of the case, as fraudulent. The case was then ordered to stand adjourned sine die, to file a new special balance sheet.

Sunday 4 October 1829
Bell's Weekly Messenger

Insolvent Debtors' Court
Circulation of Fraudulent Bills
Thomas Bruce Wavell, who described himself in his schedule as late of Newport, Isle of Wight. miller and flour factor, was opposed by Mr.Heath and Mr.Cresswell, on behalf of Sir Richard Bassett and Co. bankers, at Newport and several other creditors. Mr.Cooke and Mr.Dunn supported the petitioners.

The case had been referred to Mr.Dunn, who had reported that the insolvent's affairs were so complicated and intricate that he could not make out the accounts.

Mr.Rose of the firm of Sir Richard Bassett and Co., bankers of Newport, Isle of Wight stated that the insolvent became their tenant of certain mills in 1827; before which time, and since, he kept a cash account with them. In November last he owed them nearly £700/. Witness met him one day in that month, when he said he had given a cheque to Mr.Jacobs for £70/.; but witness said it could not be paid unless the insolvent gave him something to cover that amount. - - -

Mr.Heath then handed in two affidavits. The first read was that of Thomas Martin who deposed that he was a labourer earing 10 shillings a week. About eight months ago the insolvent induced him to sign several pieces of paper and for which he received 1s.6d. The other deponent, William Dunstan, a miller of Cornwall, stated that in the beginning of this year the insolvent asked him if he knew of any person who would sign some bills, and whoever did should never hear of them. Witness said that his nephew, a youth of 17 years of age would. The insolvent replied, "he will do;" and accordingly Joseph Martin signed the bill for £199/. 4s. which had been paid into the opposing creditor's bank.

Mr.Heath, in addressing the Court, said that the insolvent had been since the year 1825, the time he commenced business, in a state of insolvency. In 1825 he began with £500/. and his expenses and losses amounted to £740/.3s. thereby sinking his capital and making himself in debt £20/.8s. and so he went on from year to year getting more and more in debt till the beginning of this year when his deficiencies amounted to £3,600/.

Counsel having been heard on the part of the insolvent.

The Chief Commissioner pronounced the judgment of the Court which was that the insolvent should be imprisoned for fifteen months.

Saturday 10 October 1829
Leicester Chronicle

Insolvent Debtors' Court
London, Sept. 30th.

Mr.John Riley, late of Desford, came up a third time for hearing on his petition and was again opposed on behalf of Messrs. Bailey. Mr.Thomas Gilbert (the brother in law of the insolvent, to whom the insolvent's real estate had been conveyed shortly before his imprisonment, was examined at considerable length by Mr.Heath, and the transfer appearing to be fraudulent and void, he was recommended by his own counsel and the court to give up his claim to the land without further resistance. - - - -

Thursday 31 December 1829
Charles Heath, 6 Seymour Place, Euston Square, to Dawson Turner

My Dear Sir,
I have the pleasure of sending you by this day coach a set of Proofs (Engraver's Proof) of the "Keepsake" and send the "Landscape Annual" also, Large and Small paper copies of the work which I hope you will approve of. The success of the "Landscape Annual" is almost equal to the Keepsake, and is very much admired both for Plates and the Literary department.

I was in hope before this of being able to state when there would be a dividend on my estate. The day was fixed for Trial about six weeks since, the day before the other party withdrew the record - we thought the thing abandoned but now they have given us notice for a fresh trial - I cannot possibly understand what they want unless it is to put money into the pockets of the Lawyers. If they gain the Day they [?gain?] nothing.

I trust however it will not be long before this very unpleasant matter is settled and I hope eventually you will not be a loser.

With the compliments of the season and hoping your family are well,

I remain, dear Sir, very truly yours.
Charles Heath

1830