The British Press; or, Morning Literary Advertiser.
London, England, 1822-08-13 00:00:00

LAW IVTALLIGIitiCi.

COURT OF CHANCERY, Ltrcout's hiw,
11101111 DAT, AUGUST ILL. ' "

.
Velet.ev, I* Tivallsorurrortia, in. .. Emu so . :
Mr. HsALO stated, this petition eetio•beforeJea
Lordslispie the shape of as appeal from the deee.
won of his Honour the Vice-Chancellor.' 1: !ma
the petition of t 1 members of the Finite*
veleta %icicle, :of South Shield., pieeepg 'het
,eiseit
aright be.paid the eum of 6.0001. three pee (vett.
out of the joint estates of the bankrupts t or that
they might be paid it out of their eepatate
estates, and hie Honour directed that theses &bottle
-he paid dot of the estate Of the benkripe Joseph
Bellew the eider. It appeared that Joseph Sel-
mer, the elder, who was a banker and a Magnetite
in the county. of Durham, was thwpatron of the
Society, end tp 'the ..year 180 he we. tppoieteel
treasurer Orit. ep. 1814 the Society, beeee 'PM-
seised of 6,0001. in the 3 per cents. Bank Au-
litanies. csme to the resolution of selling them. for
the purpose of vesting the proceeds in the 5 per
sends:, Ind appointed the bankrupts, Joseph Bpi-
mer' the "Met, and Joseph Biloset, the young.
with AslWile Wilson • end Samuel - Been.' Crue-
ts* Witte
_Oriels' of carrying 4ia.
*us 40 she ,riety , into effect,.: e•rir
ot
•lirseleas executed a power. at' attorney. tol. r.. 340.
seeder to eel! the 3 per cents.. arid he by the three.
(ion of Joseph Balmier. -the eldtee paid ip t " ,
teed', amounting to 3,8001 ipte.the banks*/ :,;he
IET
of ' Joseph Iluioter. the elder, and Richer ,
I tier, shire deceased—the 5 per centi. never were
purchased; end the Balmer' became bankrupts.
The Learned Counsel ithititted that by the Act of
the 31st of George III: the Society bad a right to
appoint their h.!' olpOri; and when so apppitced.
they were not, in Out tit the insolvency .9r tips
officer,. liable to take* as another creditor, hut
to have a prefirenee and •to be paid the whole
amount from the effects- of the bankrupt; §-et
to retitle them to that preference, thy lege
bound to bare their rules -and regulations epprothd
of by the Magistrates at the Sessions. and to bare
them enrolled and signed by the Clerk of the
Peace. which had been omitted in this case, which
deprived them of the benefit Of the Act of Pdrli,a-
Acta. He centended that . the order of his Ho-
nour was coutrary to equity; the power of attor-
ney to Mr. Vonseuder ' wee given by the Nor
trustees for hint to sell the three per cents. did
they were all equally liable to .make them good
to the Society. It did not spinet that the
3,8001. was paid by air. Vonsandrr into the bank-
ing house of Joseph, the elder, as the matey of
the Society, or to him as their officer; thereto**
if the order of his Honour was alloWed to steed, it
would oricep away the whole 'elite of Joseeli,_the
elder, frogs his other creditors. Under these cireum-
, stones be trusted that his Lordship would discharge
the order of the Vice-Chancellor.
Mr. Srstics felltivied on the same side.
Mr. Witisintitie; Counsel for the Society, con-
tended that ilee-eirder,or the Vice-Chanceller woe
eerrrect ; all that nos uecesuiry to ba diete tp bang
the Society under the Act of Parliament, had been
dime. that of enrolling the rules and regulationi :
it evas true that the Clerk of the Peace had not
signed them, nor war it rwietriry, Ito it .00s Neely
a ministerial act. The jediciel set hed,hereew.t-
firmed, they bring enrolled and approved of by
the Magistrates.
The LORD CRANCELLOR—M Do yon edieit.
Mr. Spence, that they were enrolled ?"
Mr. Sees:As-64 We do not deny it."
Thft LOP.O Ceeecteeoet—.",l apt:of opioion
,/be 'orpiment is irallieient for the perposes of the
Act of Parliament."