The British Press; or, Morning Literary Advertiser.
London, England, 1821-11-10 00:00:00

buottlediod the validity Carrots debt. cod Coe.
rol had. so minim% bees for a ellillidendgetio“
in pandas of sells basis tad poses forithe boob.
romps... ll' 11!...9•1••
'Thi Ylietwellatteittait thought dot . prooro
could be brought of threats and hilluesiegi
seed to induce a particular selection- of servant,,
it would be impossible to say that it aratddloslieso..
per foriteeh a commlasten to stand, though the
objections (night not affect the whole choke. The .
question was, first, if there was any necessity for the
interference of the Court ; then if immediate in.
terfrrence were abeolettly necessary to prevent
considerable evil or not. If interference were re-
quired immediately, he believed that the. merit* of
the petitioos most be immediately. discOmed.
He had' oo doeht that the Court ought to in-
terfere,. if it could be 'hewn that Carrol's up.
pointment tended to prejudice the interests of
the creditors: and that being shown, it followed
that Mr. Carrot ought Nei to be possessed of the
books and pipers. There were the 'facie geotrdily
es to the preparation of the list of assignees by the
bankrupts—secondly, the disputed proofs of Mr.
Carrol's debt (against whom he yet bed nothiag to
say—a more respectable man did not esist).;' but
motives r

4t ha vi 111 formerly *rimed, ......, se.
loodltiqd
thing ; it was DO reason why as import:mit eamonse-
ration should be omitted because tbeJeolomni of the
Court had not beets before awakened to 01115mi/eh
Carrot's debt was admitted before, now it was dis-
puted, and the Commissioners had refused the proofs.
He was anaions that no delay should take place in
deciding it, lest it might occasion the very evil
which was sought to be avoided by the petitioners.
He could not take the petition oot of course, to the
prejudice of other suitors, bat would hear it to-
morrow (this day), at three o'clock.
After some discussion, however, it was deter-
mined, in order to give ample time for the Shot of
affidavits (in which, it seems, the solicitors bad been
engaged), and to prepare answers to
them, that the petition should be heard on Wedues.
day Dent.

COURT OP RING'S BIRCH. Warranmss,
IPAIDAT, NOVIINSItII 9.

~,
Co" utts'of Justice could not proceed upon motives of
personal respect, and it would be unsafe iu a legal Till Ella w. GAMBOL
point of view to trust Mr. Carrot with the books Wm. Ramon appested end pleaded Not Guilty to
and documents of the estate, sopposiog the facts an indictment for publishing a seditious and blas-
phemous libel.
.of the petition proved. a, : o ' - •
• Mr. BILL proceeded lb AMP that Mr. Carrot men •11111 masa! V. TUB REV. 01/71.1Y CZEWIS.
had been long enough id piiiismion of the books Tins was an action brought by the Plaintiffs
and papers solder the former commission to do all (Bankers at Stafford) against the Defendant, a
the usischief dreaded, had he Atop ioterest• in so Clergyman of great respectability in the same
doing. county, as endorser of certain bills of exchange.
The VICS-CHAWCILLoi asked if Mr. Carrot's The defence was, that the signature of Mr. Crewe
debt war then proved ? to the bills was a forgery. The cause was tried
Mr. BLAKE said yes, bat not then impeached, before the Lord Chief Justice at Guildhall, at the
Mr. BELL said, that all the creditors of the sittings after lust Term, when the Jury found a
16,0.00/. before mentioned had stood by before, with.
vet-diet The forS the Defendant.
SOLICITOR Gassiest. now moved for a new
out objecting to Mr. Carrot's appointment.
Mr. filtaLw followed on the same side. ' trial on payment of costs, on the ground that fresh
Mr. MoNTAswg said, the merits of the petition
evidence had come to light since the trial. It ap.
peer
were' sot immediately its question. He conceived
malt ed that Berke, the drawer of the bills, wits a
ster, sad had dealings with the Defendant for
the reasons fur hearing reducible to three branches:
malt, &c. who had on one occasion hi.
Ist, That the estate would 'be endangered by Car- name to a bill of exchange. Berke lootingbecom eft.
"'Vs possession of the books and documents; barrassed in his circumstances absconded, when it
2dty; The proceedings in the election of .reignedhad been improperly influeuced..(tbese were to the was discovered that several bills were afloat with
the Plaintiff's endorsement. The two bills which
stature of general questions) ; Silly, That the per- •
snotchmen were improper parsons in themselves to were the subject of this action were discounted
by the Plaintiffs fur Berke. It was proved at
be'selected for assignees.. the trial that One bill of 5001. with the Defendant's
• The VICE-CHANCELLOR thought that the im. endorsement epos it, had been dishonoured some
mediate questions were, if there tummy immediate time previous to the commencement of the action, •'
danger to the interests of the general- creditors by, of which dishonour. the Defendants had DOW%
the immediate fulfilment of • the .assignment, and
mod the bill .was afterwards paid by Berks. The.
then if it would be consistent with the practice of evidence at the trial ea to the genuineness of dots
the Court inset aside the assignees thereupon). hand writing was, ia some respects, contradictor/el
Mr. MONT...ells .took occasion here to ebonite,. but his Lordship. left that as a fact for the Jury tode-
that he hoped, in any atatements which 'might p
termsne, and he (the Solicitor General) by no means
forth upon thou subject, the public would. be given intended to complain either of the summing-up of
most folly to ouderatind, that so fur the merits of the Learned Judge, or the decision which the Jury
the case were not positively stated, but only offered had come to. HIS present application was founded:
as suppositions upon which to ground an argument. on the fact that he had now the evidence of Berks,
The Vics-CeewcaLLoa approved of this ob- who had absconded, and was said to be in America,
seevetion, and begged' it to be understood that the bat by accident was discovered to be at Bourdeaux,;
case was by no means to be mentioned or canticles- and to that place his clients, who were assignees.
ed as one which had been heard. He took the oh- under the commission of bankrupt issued against;
jections to the assignees to be three-fold: Ist, The him, dispatched a Bow.street officer, who appre-
use of threats and influence to determine the choice headed and brought Berke to this country, and he
of them; 2d, That Mr. Carrot's situation as a eredi. had now his affidavit ; but he submitted to the
for was one which disqualified him as an assignee ;, Court that he ought not to be obliged to state the
3d, That Pearce's debt• bed MI bass duly repre- contents of it, as it would give his Learned Friend
scored. ~, .. ...
on the other side, a greut advantage over him in
Mr. MONTAGUE agreed •to take that description the event of the Court listening to his application.
fur an outline of the case in the petition fur the Mr. ScsuLarr, who was Counsel for the De-
present. He w. at on to meet the argument of den- fendaut at the trial, submitted that it was hardly
ger to the interests of the creditcrs by the appoint- fair for the Plaintiffs to have taken the chalice of
merit of Mr. Carrot. The disputed debt of the going to trial without Berks, and when it was de-
latter, amounting to 13,0001. was wholly unconnect- cided against them to make the present application.
ed with soother debt of 9,0001. about which there The LORD CHIEF JUSTICE—" There are other
could be no question. He *hewed that the diffi. actions depending against the Defendant on other
cultirs respecting the first bad only arisen from bills. I think one was set down to be tried before
some misapprehension of the Commissioners as to me at Stafford."
the application of certain mercantile terms connect- The SOLICITOR-GLNIMAL admitted that such
ed with the adjustments and settling of accounts. was the fact, and that action would have been tried
He thought that the Court would be slow in void- had it not been then found that it was likely the
iug the election of assignees on any alleged impro- evidence of Berke would be procured. Berks in
priety in choosing them, as (front what Cause he his affidavit, which he held in his hand, swore pool-
knew not) there was more earnestness about those lively that the endorsements were genuine, and
elections than any others in the kingdom. ' He in. there was also a brother of Berks who could prove
timated that • very strong case might be ultimately the fact of the Deferidaut having endorsed other
made by his clients, to prove similar practices to bills for his brother.
those alleged, and some which were much worse, The Loan CHIEF JUSTICE—" You might have
among other creditors, to secure the election of par- had his evidence at the trial."
ticular persons for assignees. He believed that he The SOLICITOR..GENSRAL subn3itted that on the
should prove such a case of tampering with the ere- fresh evidence discovered, and our psyruent of the
ditors is was never produced in any Court before. costs, the Court should grant a new trial. There
He Wag proceeding to meet the dune of usury as were other circumstances also which the evidence
to Duff's debt, when • •a, ••• •, . of Berks had enabled them to trace. There was a
• The VICE-CHANCELLOR said that he might rase bill which had been dishonoured in the hands of
himself the trouble, as no reliance could be put ou Sharpe and Co. of London, of which the Defen.
that part of the case. dant had had notice given to him.
Mr. MotorattuE then argued in outmost of the The Lotto Cuter JUSTICE—'r Take a rule to
right of Mr. Pearce to sign the power of attorney shew anise. The alliduvits must be filed in order
for himself and partner, and referred to the judg- to give the other side an opportunity of answering
ments of the Lord Chancellor in several cases, 'here- them, but this is not to have the slightest effect on
in the question had been tried, and Owes&,germ any other cause which may be toed before this
in favour of the right of a separate creditor claim- rule is disposed of. The testimony of Berko,
ing on a partnership estate, on a partner signing situated es he is, in the absolute power of the Plstn.
fur himself and firm. tiffs as his assigisees, should be received with the
Mr. HART said, that there would be nothing in greatest caution."
the objection of iifiuenciug creditors to the i A short time before three o'clock the Lord
election of certain assignees, as a creditor owed Mayor (Maguey), come into Court, preceded
no duty to the general body of creditors, but had a by the City Marshal, end accompanied by the
right to make his debt instrumental to his interests. late Lord Mayor (Thorp), and the Common
The VICE-CHANCELLOR would not trouble Mr. Seiko's!, to invite the Judges to dinner at
Home to reply. He recapitulated the arguments Guildhall.
on both sides, and raid that it wss impossible out The appointment of Thomas Le Blanc, E.q. to
to see that. however slow the Cum t might be to in- take care of the rights awl privileges of the Coy iii
terpoe iii the choice of arrigtires, there might be a the Court was read, and the Lord Mayor then
degree of interference MI the part of the bankrupts, withdrew.
or some of the creditors, which would call fur that HAWKERS AND PEDLARS ACT.
interposition. It was impossible to define what par- HAYNE N. HODGSON.
ticular case or degree of interference would render This was en action on the Act of 30 George 111.
it necessary; that must depend on the evidence corunimily called the Hawkers amid Pedlars Act.
produced. He thought that a prima facie case It was tried before Mr. Baron Gamow, at Glou.
had been made out, to sheer. that it was not safe eester, when a verdict was taken fur the Plaintiff
to trust the books and dociontisti of the relive furame penalty of 501.
in the bends of the prevent assigner, Mr. Cerro', As Mr. JERVIS slow moved to set aside the verdict,
to the power of attorney, which in any titsa could and miter a Hotpot,. The 7th section of the Act
only fail (rain a mere slip as to formality,, this right, , ~a thatesn winch this action was brought. Ii pos..
being otherwise quite clear, he
.confessed -*hot, he r 1.
, iiiteslthat any hawker, 'fluidity, or auctioneer, *he.
should find great difficulty in.voiding lihr•Kl,tillit ors i tjser, tweeted or nut, travelling with horses arid
.
assigoets on that tu count. He .thmitsluathist, the .eeeta esti goods for sale, and should sell such goods
,
petition could only rest en the tiros-mentioned hip auction iii any shop or room, in *4 town or
ground—that of the tsutioic.l of Mr. Caritil, Sc. pLace, be should be liable to the isrualsy of 504

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• •. ' • , - •
&w I. ait% tote ilpft
le jit4kl4 lesAtii#
to these matters. to he; pomssof 4 '
and merest* as estate, at to."01:1111.1P
at resent ea interest apposite Islhee of the
,Rye.
&tors. The objection to thee. foomdtni on the plea
sot having been formerly mimed, "mounted to no.