The British Press; or, Morning Literary Advertiser. — London, England, 1821-11-30 00:00:00

ENT TgfATRE. ... SILAAISPRAZICS , OW a 70. To reenOkromi of Versos. was revived lest night wish splendid pre postions in dresses, scenery, and machinery. It has not been performedlor some considerable time past, so that the loresee t shstribuimn of the cha seder, may be of sufficient interest to warrant the ingestion. Dohs of 111111 ms. .... Robot Van*** .. Mr. Joon. Sir Throb .......• • Mr. W. Farren. :tir Nehanler. Pk:Mapper Mater Esailvarst. Losesro ... i . ....... Ns. Lisle.. Speed Mr: 011aeliard. Julio ‘...,... *ra U. Tree. Syttia ' • "Nies Hillside. Latatt!s " Miss Scientist. . , The play has been adjuidged'to be too . genemlly• faulty, as a regular eampoeition, to abtde on the stage. However this may be, it is very certain that there is much of the very. beat sort of.poetry iw it— touches of passion which smite with general electri city the eloquent diairesves of faithful levers—.droll wakes and clownish humour, of a kind so genuine , that ner.e but this High Priest of the mysteries of our common nature could have clustered in one ?lap—and that none of his beat — so curious - agia felicitous an assemblage of persona and saintf4:' ' The piece was further enhanced by interpolations ell music, very - tastefully effected by BisuoP ; this, words being taken from the miscellanies of tlep, greet bard—so that there was still good keeping , that poetry. The music, with two exceptions, ' new, and displays much of the new style' of t Italia. ockwell. • Bonus of the pieces approached very near to the effect of plagiarisms on 'rumor, • dr Rossini, who, to be sure, deserves {a. l Ok • i tplibed, having little coumieuce list. oar • ' self. Mr. Manor has, however, meddled Moor his own peculiar tests We the arnsogementa, a' thereby matted them with a character of iiidivid 1 genius which the country reify, • imisonobly . b e or. The two exceptions astosioued are sere or Ann s's—one," lf o'er 4/aerosol want Lone obis, I' Pray Goody." They are both bar ' . nixed, amt produced the moon imps/ effete. • looter, which forms the second movement to glee of " Who is Syleier was rapturously eneor and well executed by the vocal group, Meares FIFA. TAYLOR, Tonne, and others, assisted . by Miss . •41. Tags. Is weed scarcely hue mrissiekerl that Mr. Jones and Mr. ABliiire performed the two Gentlemen, Promos and 'Norther. who give the name td the play, in a suitable style of dignity. Tbetre is i*t little of what is technically considered acting.ia.,either of the ports, but there is frequently a stream of delightful poetry ia the dialogaeoo which, while bverthing weerrally their homage of amorous adoration, they pee an ea aterna not always • ' • with Juice is most flexible on the stage; and her skill in marking chromatic passages is profound, if the teem on sea en occasion may be allot/mi— ner itst • song, " Trite hire is an ever fixed mark," was full of these difficulties. A duet between her and Master LONGHVILST was loudly encored, and so was a induces, " When in dis grace with fosters and went eyes," sung by her. The merit has in general warmly admired, and rnitny parts of it repented. Mr. LISTON performed Olt pert of Lwow with humour equal to soy of his former exploits. His moralising our the unthinkilig ingratitude of his dog Crab, we. au isoriewer of the ludicrous as rich on the text oould lead one to imagine. Mr. BLANCHARD was nearly lrs .good in the part of Speed. In the 4th Act Carnival is represented, among the carrion). mesas of which are introduced r I fancy licences of such extroordivary lustre and richness as to set langusge nearly at defiance to describe them adequately. The first presents the equine of Mi les, with she *aped) public buildiogs illuminated. The promotion of the Seasons and Elements crosser the stage in nfl the profusirm of illustrative embel lishment which the Arts lure adapted to the per souif3 tag them. The bads spring out in blossom, the corn rushes up in ripeness, and the fruits grew risschleoly mellow, es the different portions of the procession make their way across. The ma ehinery whleh represents Winter is one of the most curious sod beautiful specimens of dramatic en gineering. Bust the moot splendid and gorgeous of 111 die recur& exhibited, either here or elsewhere, is ClsopATßA,'s galley soiling downs the Cydwus, which comprises all the luxury of description that 11;vtoriituv, poets, and painters have ever lard out in the description of it. It filled the whsle frame of the rtage, while thunders of admirii:g applause resounded, instead attire music of sh thoirstro, to the I,lyisig of the tram-- Theis so- ro !ter wester which would have produced Mrs ttT•ct of nerdy astounding wonder hut for the nierporti rri effect of that just Hoop cl. The palace of the IlGairs, and the temple of Apollo, which spring out from the overthrow and explosion of isli artiticirl mountain in the Dukes gulden, err of striking grandeur and beauty. play • has borne the arts of stage machinery and Sce„iie decoration to the highest, wort were there no tither attraetiou the house must flow over fora cortvotertible run of nights before the curiosity of the town can be duly satisfied. The repetition Was announced to a eery fall house, rod the in "nations hailed with lon and &racoon; applause*. Wednesday evening the Duclorss or KENT, ac compmnrci by the Prince.* FEODOIt. attended by the Burotieu SPEND? Mid CapMu CONROY, ho tttttt red Csvent-gartiett thcatte with her presence to .re he I'xile. Her Itoyisi Highness ut in Prince Leoro LD'• box. - " - - William lirll, labourer of Weinfiret, sold his wily is, Spihiby marker on Noway for 5.. and Jr- Itreral hrr up in u bultrr, DOTIER, NOVIEIIBSR ES. ee • • Sailed yesterday the Dasher post-nruce Meant packet for Cielair,. to •briug over her Ratyal High ness the Prioress Augusta to this country. Arrived hoot night the King George packet, L'Aistigone French packet with ihe mail, Cumber land pa•rn . re vessel with a corpse, Meg George pan. sage vessel, and Rob Joy steam vessel—all from Calais. Soiled this morning the Lady Cockburn extra packet. "nth the mall for Calais; it blew on hard after she had got to sea, that she was obliged to bear up for the Downs. This morning • crumer belonging to the Badger Excise cuter, in coming for the harbour. missed it and stove her bow against the North Pier Head. The crew for their safety were afterwards obliged to put her in shore near the bathing touchiness, where she sunk • few yards from the shore. The men were saved by 'tune boats that had put off to assist them from the Say. DUKE OF WELLINGTON'S VISIT TO EDWARD JOHN I.IIITLETON, Req. ncnsa* FOIL IPTAPPORD/111111. His Grace arrived at Mr. Litileion's seat (Teddeeley) about sine a the memos of Sunday week.; and amen the distiuguished party asarrabled there to inert the Duke were, Ilse Earl sad Counter of Ilarrosby, Earl Gower, the Earl of Dartmouth, Via:went and Viikeuatess Granville, Lord Begot, she Right Hes. Richard Bacot, Lady Harriet Begat, the Right Has. WilMe and Mrs. Huslnsson, Lunt Gran 'OM lonseseet, the Hon. Capt. sad Mrs. Percy, It. Wilmot, Esq. M. r. die. and the hospitable board was each day filled by 4sonia M the gesitkmea of the surronading neighbourhood. The company at Teddealey best the curer belonging to Mr. Liidetess, as Monday sad Tuesday mornings, and the , load of game billed earls dee was immense (bet weth 300 ' sod 400 hr Om whulti ; but the somber shot no Wednesday at Blithfield, the seat of Lent Beiges (to which place the No ble Oaks said the- +bole poesy wall by inc. lei ion) estverled either et ase.preeeding Jays.-owe then tOO bead of game being.liaggril so that day un these preserves. We understand his Grace sad Vissonat Grosbeak were decidedly the best Sheila sock -day. Oo Thorsdriy - He. Littleton. assompanied his illustrious . mid Noble Good to Fair Oat Lodge, ea Cansock Chace, to i,lnke the diertsioa of mag-imasug, with feint Bapstli whipsaw; ware met by the Marquiseas4 Anglesey god Weeeesser, Lard liiddkw, sad • large ;rely of the iseighborriag Geodesics.; the whale ark" senteisted of at least 400 peramia.. A ben baud allomied neer hear upon, and was, after a circuit of considerable disarm., killed near to tie plats she started from: Tie Meat Noble Ole Marquis seat bar to Taddruirry. The Corporation of Stafford, haeing 'fried tri the Duke the freedom of that ancient Borough; bin Grace attended by Viadeistt Grasville, Earl Gower, Lord Bacot, Lord Granville Aemereet, the Thomas Constable, Bart. E.),, r lLitt lams, Esq. George Chirtwyud, Esq. and accent saber* w 444411 at the Tow* Hell thee* about half-past tea tig where he was noceived by the Mayor, Was. Foorke, Esq. T. M. Hubbell, Esq. and Edw. Knight, M.D. fitsgistrates, mid the other nieusbers of the Corporation, in their robes. A geese number of the townspeople met the Dukes car rive is short distance on the road, took' not his horses, and drew him halo the town amidst the acclamations of thou seeds. The streets erke crowded to excess, that the proces. Mos proneeded bat •skwly, the Eases Ows Milhtis playieg Nemeses!" Oa I'o s Tit N.__ party with him. arid the prate Body, . _ A adjourned lo the Grand Jury ROV NI, where upwards of six', Noblemen eh& OtmHomes sat down to ae dipiaaltriodgibratifol thubrinie, tierporod at die liven. Amongst the eogalway ' , who sat pear his Grose we obverted, Lord Granville, Lord Gower, Lord Begot, Lord ferwarriet, E. .1. Uftletois, Esq. M.P. George Chetseyod, Esq. M.P. R. Wilda% Pow. M.P. Right Hoo. Wm. Hoskimon, Sir Thaw Cuwerabie. Bart. Fras: Ekl , Esq (High-Sheriff), Rev. Rd. Leven, tiny. T. W. Richards, Colouet Twin, NM Officers Af the Cog's Own, resident is Stafford. &c. &c. hombliately after breakfast en Fr,iday his Grace pet off for limo. haring 'received so express ea Friday morning early, remelting bicattawdence there. 11 was bis immense to pay a visit of soma days to the hilseigoie of Stafford, and the Noble Marquis had sent his carriage, with sic horses, out rider., £c. to convey his Grace to the beautiful seat of '4lollailsam. Mr. Littleton left a considerable 111 to be dia. Agettaiwb sowing the burgesses to drink the health of their Foetus's. THE TURF. TATTERSALI:S—TrIvIVIDAY, 1§412111111‘ U. • DERBY. 12 to 1 apt Laudon,' 13 to 1 apt Marcella. 12 to 1 apt cult out u(Sy- 16 to 1 apt Bess cora. 20 to 1 apt any other. 13 to 1 apt Frolic OARS. 7 to 1 apt Parasol •) 11 to 1 apt Minnie.. S to 1 apt lteser•e RIDDLIISIVORTR. 2 to 1 apt Frolic. ST. LIGIIII.. always perhaps imparted to the pleadings of real •stitors. The main attraetiou, it must he oword, J. with' their' mistresses, Miss HALPIIIIM and Miss M.Tatt, who charmed the haulm by an emulation and contrast of style, dm vvy ••iiip- t nougats". a Reid* esjoyueest. Their Aerate. reristies•argv weislheer Mitt . etreeger' *So mere de4 finite grace than before; but neither If them lialtr altered from the style which was first ob- servable in them. Miss HALLANDS tends to- • wards a bold and sulking executton; Mies M. TIME revels in the passion,. and mingles pathos with every strain she utters. Her voice is the Ike appropriate air, " See, the coaquering bete comes!" Oa his Grace alighting at the County Hall the staff serjeattis twd corProli praselkird erne. The Mall wee Atka with congruity me idiot all tlie beauty •ad fashion of the lowa , :gt Dad tUt illeatriiam Addeo, was received Iliwellyiaboribrereew bad 'Nivea fie litalt; Ih. Address, was read ao bin by Frisch ileatillde, Faq. the Tyra Clerk. To whieb his Grace replied. The Noble Poke, and the party with biog. sad tee Ger. Forme Body, thee adjourned to the Greed Jury ROl/10, 9 10 1 apt Marmiaa I 12 Se 1 apl Ajax. - - BOXERS. The stake-money for the fight between Hickman (the Gas light man) and Neate (Ike Bristol hero), the best men of the day, was made absolute on Wednesday by Making the whole tof the 290 guineas aside fur the battle for the championship of England on the 11th of December. There was much ceresnouy over the staking, and Gas was backed •t 6 to 4, until the takers grew leary. A point more is about the I betting. Monday a respectable meeting was held at the Town.hall, Chester, pursuant to public notice, when an Address of Congratulation to his MA JESTY. on his safe nod happy return to this king dom, after having visited his lei.lt mod Hunoverianr dominions, Well unanimously agreed to.—((hesier . Paper.) 1, 1 consequence of complaints to Sir R. BIRNIR f the Dutch A nifribsailor and other iwrsonages of consequence footling in Whitehall-place, mud the Earl of LIVERPOOL. mid others residing in th a t ne ighbourhood, of the great annoyance they experienced in passing to mid from their homes, by • disorderly persons ansessibling in that neighbourhood after slink and during the night, a privy search warrant was i,aurd, sad nu Wednesday night nine of I,hr mart depraved females weer apprehended ; yesterday they were brought to the office. and after undergoing MI examination, Sr,- R. 'haute corn tnitted them to liritlewell for wont of sureties. Yesterday a mad dog ran along Drury-lane, and on his way bit several other dog.. . Hr wtm . punuerl by a number of persons into Lincoln's Imr-fields, where he was bisuck on the head by a' butcher's buy, and killed on the *pet. LA w lifriamegNelti • . • COURT OF CHANCERT, Luseour'.3 fee, Tweethsv; The LORD CRAKCELLoR sat thin cloy, accorilio, to item emote, to hem bankrupt petitions. LX-PARTE CARTIR IN THE lIATTIBIR OF 'URCHIN AND CARTIER, BANKRUPTS. This petition being called on, whjch is one of the numerous petitions that have arisen out - of the failure of the Portsmouth book, the solicitors uot being in attendance, aud•the proceedings under the commission tint being in Court, although they had been ordered to be produced— The LORD CHANCEI.LoR directed that the peti tion should be struck out of the paper. The nest petition being called on, and Counsel not being in attrisdauce, and it having hero stated t 9 the Lord Chsncellor that they were eugegrd io the Vice-Chancellor's Court, in the commission of. bankruptcy against Howard and Gibbs— The LORD CRANCILLOR—"' Upon my word Nes will not do. I appointed this day, and the in leavening days between the last day of Term and the first Seal after Term to hear bankrupt peti tions, oo the supiiosition that there, would be no bonne., going on in the other, branch of the Court, -which would enable Counsel to attend me, and thia.l ,is defeated by a bankrupt petition being appointed al be discussed in the other 'Court this da y , by which mean , there is nut o n e Co unse l t o a tt en d me. .if Counsel do not attend me, I Will strike oat of the paper every petition in which they may he en laiged. Application was made to m e to hear the 'petitions in the 'natter of Howard and Gibbs, out If their, usual course : I refused it, because, if 1.1 heard them, it must have been to the prejudice a !adder petitions ; and I would not besr them, hi anise the bankrupts hid been money:looker,, mull were connected with great Darner. out of the ordinary time oppolotr4 for Alit-lotting of the .('oast, if I owe an apology to any person it is to his Honour the Master of the Rolls, as my so sit ting may interfere with the business of his Court. When 1 gate notice that I *wild sit to hear beam ~gypt petitions, I had conception that what 1 in. leaded fur the benefit of the tiolicitors would be defeated by the other braiieb of the Court, by 1 appointing sitnilar petitions to he discussed there." 1 The relosintics of the day was occupied until ,two o'clock in bearing an appeal bankrupt petition, I ,01 no interest except to the parties concerned, at which hour his Lordship row. • ' The LORD CUANCELLOI, qa risiug, addressed the Court—'.' Lon it be understood iii future, that when the Solieitors its a basihropt petition do not thiek proper to attend the when it is called on, I will order the petition to be struck out of the paper, and I will not allow it to be motored egoist. Whets a Solicitor attends for the. petatiou.ised the fisbeidof opposing it dues not attend, I will greet the pet * get of the petition ; and when a Solicitor ooposi ye: tition attends, and the Solicitor in . support o ut does not, I wilt order it to he ptruck out of the paper, with costs. IA is highly oecersary that such an order should be made fur the future regulaitioo 4 the business of the Court ; for.. if Solicisens s ige4 other persons connected with the proceedings of thf Court, have nut proper feelings of respect lowa me, it is filar that leitmotif emturee it. God knows there is no man hying less orsaintis about personal respect being paid' to him than I am, but as long as 1 have the high honour to hold the Great Seal by the command of my Sovereign, I owe it to him end to those who may succeed one to make toy Ace respected. 1 will put it to soy Gentle ran who may bear we, whether friend or etseaty—of the latter I hope I have not any, at least here—whe ther it is fitting that I should be sitting here as I have been this day without Counsel or Solicitors intending me. If I give up my time out of the orditiary sittings of the Court, it cannot be thought unreasonable that I should expect that the bat and the Solicitors should also give up theirs, sad also attend. 1 will mot submit to it any longer. Is it to be endured that the herd of the Court 4 dui only port of it that is not treated with prwer, t a sped? I request to be umleistoosl as bwriag mac" thus mach without meaning to coot reflection me any individual, or any elan of individuals; I care only express my regret that what hiss fallen from! me was made necessary. I am, however, 404%4' mined to abide by it from henceforth." VICE-CHANCELLOR'S COURT, THURSDAY, NUYIJIBAIL 49. Ex-parte thAW, in Me matter of HOWARD OW GIBBS. The petition against the appointment of assignees came Ost for hewing. Mr. Hoorn spoke in support of the petitioners, and made statements, founded on the affidavits which had hero tiled, at very considerable length, to sbew, Ist, that Mr. Carroll wagon improper per son to be sin • tell assignee, having sworn to a heavy debt, against which some objections lay, whereby he was placed in a situation hostile to the interests of the estate; 2111 y, that threats and oilier improper inflatemee had been used to secure the nomination of the presewt assignees; and, lastly, that had it not been for such previous ma nagement, other and less objectiouable parties must have hero chosen. It appeared that in the affidavits filed by the other side that no denial bad been given to the latter allegations of the petitioners. The Vice-Clunteellor, therefore, took fur admitted facts that Mr. Carroll had an interest, by los disputed; debt, contrary to that of other creditors, and there.' fore was, prima farce, an improper person fur as.. signer. Next, that la no denial had been given isil the affidavits of those who opposed the petition fo the. charge of interference for the purpose of securing the selection of particular tosistwe,, the interference did actually take pl..ce. Mr. 13Ett. said, that the Counsel against the petition admitted the interference with and solicit ing of the creditors, for the purpose before named, and he intended to argue that such conduct was perfectly correct in the bankrupts. The Vit:r.Cuatiezt.Loa said, that in his own mind be Jimmies insurmountable objection to that doctrine, which was nothing less than the whole spirit and scope of the bankrupt laws, which laws mauifested a. gringo' stud strong jealousy against 111101611 g the .bankrupt to control, by any 'waits, the .adjustusent of affairs belonging to Ins own .4111141 e. 'The allegations of the petition bring grounded, • • • so far as was staled by his Honour, he declined putting. the other Counsel for the oetition to the trouble of stating their oliservatious, and the onus devolved on..the other side. 'Mr. HART then spoke at considerable length, to l i shew that Mr. Carroll was a very proper person to be nominated assignee; mid explained, in a variety of cases, to the Court, why it might be uot only fitting, but an imperative duty in a bankrupt, to interfere to secure the best administration for his effects. The VICH-CHANCELLOR repeated his first-men tioned objections to the doctrine of allowing bank rupts to interfere in the choice of assigoees, whereby they would have an obvious interest in swelling the debts of particular creditors, in order to secure their s e lecisou for the appoilitinent of assignee.. He recommended, however, that the pleadings should proceed upon the general principles of legal policy affecting the bankrupt laws. Mr. MONTAGUE (having business of importance elsewhere) was allowed, at the request of Mr. Bel, to take up the argument in this siege. His propo sition to the Court wits, that there could he no jurisdiction of the Court in this case. Nu man could have a conscience more devoid of the intiu _sure of self.interest in any thing he might say than he had-on time case. He objected mainly : to the Court interposing between the appointment of as signees and the signing of the commission. He admitted, that after the appointment of assig nees, if any .of them were 'timid by subsequent examinatiou to be unfit to exercise such an office, so application to the Lord Chancellor, to set aside him or them, if more thou one, would be perfectly proper; but say intervention of the power of the Court previous to the affirming of the appointment of assignees by the Coininissioners, after the *elec tion of the assignees by the creditors, would lead to swat confusion as must be dreaded by all par ties ever likely to be concerned, bankrupt lawyer. excepted. Ile maintained the practice ,for the last century to have been, without soy eaceptiou, this,: for the creditors to choose assignees, for the assignee. to declare their readiness to accept the trust, f. thereupon for the Commissioners, without hesitatil Ir 1 00 e moment's delay, to sign the conatnissiol. 4 objection to the appoitituseut must occur often* .eniells and upon such objection the Lord Chancellor • Was to be petitioned to set aside the appointment. He cited a great Humber of cases by which this doctrine was upheld. He would also undertake to . abbey that the intention of the Legislature, had always ' been adverse to trustiug Conamiasiouero of Bask. ra(ttcy with so dangerous and niconyeaieut a power as that of interfering with or scrutinizing the at* pointment of assiguees. Every individual iu the . SLAW felt solicitous. according to his supposed abilitY Or power, to contribute some new regulations. ' wards what was cOnCeived to be i ts bil regulation. In this. spirit, most proba bi a Bill had beet) prepared and brought Wats Parliament to amend the Bankrupt Laws.— It passed the Howe of Commo n s and, was throws out by the Lords. , One of the proposed enact ments was to have given power to the Commis. sionets to set aside the appointment of assigurres on good cause !hewn, and reappoint others, and so on, from time to time. if objectioue shoots' continue to SCRIM It was explained to Parlia ment in the compel the argumeuts tau the Urns to what confusion such a provision must teed, espe cially in regard to country commissions, where the strife to secure the appointment to assigemeships wai carried to a pitch of energy which wire vialust in conceivable. It must be from • natural love of justice which pervaded the community. from the heart of the body politic to the extremities. So it was, that uo elections of any ki,d in the country excited ball the proportion of interest which was put in inotiou by the selection of as signees to a bankrupt's estate. He hinitelf, mod Mr. Cooke, having extensive experience in bauk jtiptcy cases, sad being both Curamiseitusers of Bankrupts, hod been called on to give their evi dence on that occasion, which he begged leave to teud to die Court. The evidence recut to show, hat if any interference between the appointment of assignees and the working of Commissiosess were allowed to take piece. the result would be, that in many cases there would be no assignees appointed at all. Let these petition. Of* iuterpoSittott (as they must have a name ut cage this were to be established its a preeedent)* be 8110.'0, he would venture to say that the business of Chancery would be augmented to an indescribable ~.onus. In every considerable estate the struggle for the selec tion of assignees, awakening, as it did. more than any other circumstances, the passions of all the creditors, an application to set aside the nomina tion would follow most certainly. lie could have no objection to such a practice on his own account, as it would be sure to bring him 5001. a year loin his pocket. He next pro. ceeded to explain the cases in which it might become a duty in • b siikrupt to interpose to pre vent the misappropriation of his rth•cts. He ad duced cues in which bankrupts hail been appoint ed assignees, and conducted the .Hairs to the en tire satisfaction of the creditors.' Ile argued from the direction of the Statute to allow the bankrupt 2s. 6d. a dry while assisting in the adjustineut of his estate, that it was intended that the bankrupt should act end assist; and bringing his argument to bear from the general policy to the particular case, he maintained that the present baullrupts had shewn themselves conscientious men, had actually rescued the estate from • commission, under which it would have been entirely dissipated, and secured it to that there would be twenty :shillings in the p o u n d f o r i ll the creditors. 'He would wippose that, in his own case, a wretch of a petitioning creditor, 'retain's* without • valid claim against his estate, should sue out a commis sion of bankruptcy against him, fur the purpose of possessing himself of what little eat * gs he might have saved. The first thing lie should do in such a case would he, to apply to some of his r e al and Goma fide creditors, to whom he had been known all his life, and to entreat them to prove their debts, and to becomz the assiguees of his estate, as the only means of accusing to them what was their due, and of securing to himself that portion of his property which might remain after all legal claims against him were satisfied, in which he had an interest at least equal to that of his creditors in the amount of their several debts. The case of Buxton, the Leicester banter, who hutting failed for 150,0004, every farthing of which V 2 7z - ) ••:14 co ;mom • • was paid out of the proceeds of the estate, on ip. plying for the surplus, was told that there was none, although them aught to have been a sum of seeml thousand pounds remaining. was one which served to exemplify the sort of interest ip a bank rupt which rendered it imperative upon bun to cit• deavour to secure the appoititoont of prop e r per sons AS assignees. It there appeared that several bills had been proved over and over spoo f owing to the omission of the Commisstrinees; : to tedurse the usual exhibiloat un the.backs of them ;• and his Honour might rentember,„.thst.he himself emceed ed in gettitig back three or four thousand pounds which had thereby been • iiisPraperly obtained. The present was a case of a similar nature. The pro perty of the book, opts, hicluding the. separate property of Mr. Howard, was sufficient to pny every farthing of the claims against it, and to leave to that gentleman' a Image surplus. Surety then it became lin duty to use every lawful means in his power to secure the appointment of such persons for avrignitis as would be in his opinion most Illti ly to adinioister the estate to the best advantage for all partte.. But even should it be the opinion of the Court that an such exertion should be made, that would rot at all affect this case, Masinudi as the sippointment of the assignee* had not been effected by any influ ence of the bankrupts. He now cattle to die eine.- tion of an adverse interest. It had been said by his Learned Friend. Mr. Horne, that Mr. Duff had au adverse entered, inasmuch as it was alleged that in the amount of his debt had been included usiirious interest ; he would thew, however, that was not the fact. He then proceeded to read affidavits on this, part of the case, when be as. lc terrupted by The VICI-CRANCELLOR, who said the short an. seer to that allegation appeared to be, that Oleic was no loan. Mr. MONTAGUE eontinaed--That was, in fact, the answer. What was the fact as to Mr. Carroll's debt, of which so much had beep said already ? Mr. Cat. roll, in order that the case might be fairly met, presented a petition ; mid he (Mr. Montague) con , ceived that the person by whom that petition could ,:best be met was Mr. Shaw, with the assistance of his Learned Friend, Mr. Horne; but they thought •it better that the matter should remain in obscurity, and therefore they did not meet it. Mr. HORNS said, this referred to a petition tint . now before the Court, and as to the supposed mis cooduct of Mr. Shaw in that case, he had Ou soother occasion explained himself to his Honour. It was not intended that in the event of this petition bring ~,granted the choice of assignee. should he proceeded until the matter of Mr. Carroll's claim should ht cleared up. Mr. MONTAGUE said, it would so operate by the delays it would create that the choice would be . thrown among the smallest creditors. Mr. Canto!' applied to prove a debt of 13,20 V. en three bills of exchange, and said he was ready to be examined as to every particular connected with those bills. By • former petition it was sought to remove Mr. Cat= roll from his assigneeship under the femur com mission. because it was said his debt wits inogrlOnt. HIS Honour, in the proceedings upon that petition, went so far es to see that the bill for 15,00 - which turned the choice of the assignees, was a good one. Mr. Carroll was ready to be examined upon those three bills ; he declared them to be wholly unconnected with any other transaction, and he conceived that in proving upon them he was not by law compelled to go into any other account to which they did not relate, there fore he refused to submit to the decision of the Commissioners, which required him to go into ex planations upon en old account, on which it wit; not pretended that he was a debtor, but on the contrary he was a creditor to a large amount. lit refusing to do that, he still declared his readiness to do whatever the law required of 'hilts; only re serving it for the decision of that Court; instead of being bound on a point of such importance by the opinion of the Commissioners. Here then there era. no adverse interest. There was, holever, su adverse interest on the other side, as he might have born prepared to show, had not the Court already de clared that in deciding upon this ease, it could not be guided by the motives of the person applying. but only by the facts of the case, and the law twit applied to those facts. Mr. HART followed on the nose side. The view taken of this case, by his Haar, had reduced the question to a very narrow commis. That view left only two points fur their consideration; The first of which was, whether Mr. Carroll, having an adverse interest, eneld be permitted 'to stand in the situation of an assigin-e under this commissioo; and the second was, whether, if he was without such an adverse interest, the mode in which his appoint ment had been effected did not come within the ii.- terpretatiois of being procured by'such so influence as rendered it invalid.' With respect to the first point. that of Mr. Carroll's fitness to be come an assignee in this case; if he should ul timately two out to be a creditor to the timoui.t stated, or nearly an, there could be no doubt that that could be • strong motive for his becomint: assignee. The former commission against these bankrupts was sued out by a person named Campbell, under which Mr. Carroll proved, with out any objection from Mr. Shaw, a debt of w.ooet. and was appointed assigner. A petition wow after wards filed to remove him from the arsigueeship, by the petstioning creditor and !Mat others, on the ground of his debt hot having been fully proved ; upon hearing which, his Honour otweivad, that whatever might be the case as to the legality of the whole amount of the debt, it had been proved to him, with sufficient clearness, that he had a chains to an amount which qualified him to become - so ivaignee. It as afterwards proved that Campbell had no interesesoliatever in the estate, sod that Com ninision was set aside, and a new one issued on the petition of Mr. Shaw, who had beeu canvassing for the appointment of assignee with a degree of warmth and snider circumstances not a little uncommon.— There could be no doubt that Mr. Shit*, es • cre ditor, had a right to exert himself to bee that proper assignees were appointed ; but, on the other hsr d, it must be admitted that Mr. Carroll had also an equal eight so to do. If by the direction of the Court an issue should be sent to a Court of Law to decide upon the validity of Mr. Carroll's debt, could any one doubt that even that would not be deemed a good and sufficient ground on,..adlicb be should , be removed. by the Court froutlns aim :Ointment as astignee ? Would it be said that as arsignetAit had ?'t • a I I 9 ~~ ! I s.l 4 .7. rn uts ha' i int hr and et A Wit Qor !lda! or 6be Ober Ilowle