The British Press; or, Morning Literary Advertiser.
London, England, 1821-04-06 00:00:00

LAW ISTELLIGEIVCE.

covErfoP CHAT4CERT, Inn°cm'a
Tovasoav, Aron. 5. • • •
no int tiverta or HOWARD AND 01111111, !MAXIM:TM
Mr. HART elitirel this Priition was specially appointed
by his Lordship to be heard this day.
Mr. HAALD said he hat only rrcrivrd his W.( on lie
behalr of the Petitiouitig Creditor, and had not time to
read it.

The Loan Ctraseettnit said, fuoun special ereirmsion-
ces whieb had been misted to bin), be bad directed that the
Petition should bir braid this rooming, bat it Counsel had
not time to read their brith, hilt an boor's delay in its be.
ing brought oil could not he material
Mr. if ZALD --"Jn.t so."
The LORD. CHANCI.LLOR—" Do not interrupt me, Mr.
Heald, when I sin addremior the Bar "

Mr.PEALD—" My Lord, I did not intend it; my other.
'ation was in answer to something that I heard behind me"
The LORD CDANCELLoR—" Von bad better outdo it, for
I will never permit myself to be so heated by the Bar Gu
on with the Petition, tie. Hart, and when I hear it stated,
if I think it necessary fir Mr. Heald to hr heard, I will
wait wind he has read his Mid* for that purpose."
Mr. HART stated, this was the Petition of the Assignees
of the Baukrupta, praying that Mr. George Smith, the kWh-
citor of the petitioning creditor, should be directed to deliver
up She proceedings under the Commission, to the Solicitors
of the Petitioners Messrs. Richardson, Fisher, sad Bates.
They had applied to Mr. Smith fur the proceedings, and he
refused to deliver them up, on the ground that the Petition-
ing Creditors' coals had nut hems tinted, lint that he was
willing to produce them whim wanted before the Corn.
missions's. Under those circumstances be, the Learoed
Coansel, trusted his Lordship *mild order Mr. Smith to de..
liver up the proceedings and to pay the costs of this appli.
cat Me.
Mr. Mormon* followed on the same side, soil said, that
his Lordship in the year 1813, in the matter of Hardy, •
Bankrupt, had decided that a Solicitor could have no lieu
*a the proceedings under a Con inissiou of Bankruptcy.—
The Commission issued against the Bankrupts itchy days
'go, and there had been twenty-Svc meetings before the
Cumteissioners before the Assigned were chosen.
Mr. WHITYARMI, Counsel 'fur the petitioning Creditor,
stated that Mr. Carroll, uue of the Assigns, had proved a
debt of 13,0001. on three Bills of Exchange, which were sus-
pected to be mixed with other sums of a usurious ashore.
He, the learned Counsel, on the putt of the petitioning Cre-
ditor, opposed the proof of Mr. Carroll's debt before the
Commissioners, and Mr. Carroll, as well all the Bankrupt
Gibbs denied the three Bills of Exchange were mixed
with any usurious transaction. ktowevet, on the ex-
amination of the bankrupt's boots ma Saturday last,
it appeared they were mixed with other proceedings, Com
which it appeared, that Mr. Carroll bad received front 20 to
25 per cent. fur money advanced by him to the baultrupts.
Under these circumstances, lie contended, that it would nut
be secure far the books to be put in the poisessims of Mr.
Carroll.
The LORD Chanceffnit observed, that the constant rule
of the Court was, that the assignees were entitled to the pro-
ceedings order the GDRIDIB2IIIII3 ; as to the possession of
papers it was • different matter. After the assigned arc
chosen, the petitiusiug creditor has nothing to do with the
Commission except as a simple creditor.
Mr. MONTAGUE said that Mr. Carroll bad no ohjection Is
20 before the Commissioners and to be examined as to the
nature of his debt, if the petitioning creditor would do the
same, as his debt was suspected to be of a usurious nature.
The LORD CD•NCELLOR---" Let Ilst proceedings coder
the Commission be delivered up to the assignees, and let the
question of costs be reserved."

we STMINSTE R SESSIONS,
THURSDAY, APRIL 5.