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

9 10 1 apt Marmiaa I 12 Se 1 apl Ajax.

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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
that neighbourhood, 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 day, by
which mean, there is nut one Counsel to attend 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 me 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 out 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 Solicisenssige4
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,ta
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 li
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 selecisou 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 100 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 its bil
regulation. In this. spirit, most probabi a
Bill had beet) prepared and brought Wats
Parliament to amend the Bankrupt Laws.—
It passed the Howe of Commons 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 pound for ill 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 real 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