The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-20 00:00:00

LAW INTRLLIGENCE.

COURT OF CHANCERY—Wismar, Annear 19
Ex-parte INCH, i.. the meter of TIPIMPSAN,
a Valli,air.
.1.!;5 seas the petition of Elizabeth Finch, and
prayyd that the bankrupt's certificate should be
s'ayeki, on the ground that the signatures had not
been regularly obtained.
Mr. Rossit.av, nn the part of the petitioner,
stated, that Mrs. Finch had employed the bankrupt,
and his partner, Crooksbank, to pnrchnse stock for
her. In the beginning of the year ISO:, she went
to the bankrupt, and desired him to purclia,e a cer-
tain quantity of stock for her, which lie promi,ed
to do, and went out for the purpose, but, on his re-
turn, told her, he could not then get it, hut desired
her to leave the money with him, and he would take
care and have it done. She accordingly gave him
1101., and he gave her an acknowledgment. He
afterwards met the petitioner and told her, he had
purchased the stock, aril she having the greatest
reliance on him, made no further enqairtes. In the
beginning of the month of November 1804, the
petitioner again went to the Bankrupt, and gave
him tO5l. to purchase an Exchequer Bill, he
giving her his acknowledgment cal a piece of
waste paper for the amount. He afterwards met
her, alid told her he had purchase ! tl,e. Exchequer
bill, and she being onaequainted with business, made
no inqii;ries. In the latter end of November he
called at her house, and telling her he was going to
tl:e country, said, he wished to give her a more
satisfaelory security for the 1051. she had lately
given bins, and then drew a promissory note in his
own name, and gave it to her, getting from her
the acknowledgment he had hefoie given her, by
which his partner Cronkshank would have been
hound. Soon after this the partnership between the
bankrupt and C,,,oi.shank. was dissolved, and not
long after, Mr. i'hompson was decl.tre 1 a bank-
rupt. About this time the petitioner went to the
Bank, and demanded a dividend on the stock for
wh;ell she had paid the Bankrupt, but was told
there was none standing iii her name. On further
inquiry, she found that Thompson was an ins:dyer:T.,
that a commission had been taken out as4ainst him,
and that he had got his certificate signed liv a suf-
ficient number ct creditors. This pe itioa was,
therefore, lodged, and pray-d that the cevificate
should be stayed until inquiries were made respelling
the signatures. Mr. Rout t. a v fart' er stated, that
the sum of 2001. had been paid by Cronkshank. to
which debt the partnership was liable, but that the
1051. for which the Bankrupt gave his note, and in
doing so, became solely liable, was what Mrs.
Finch expelled to have a dividend on ; he, therefore,
hoped that the prayer of the petition should be
granted.
Mr. Wir ism ate, on the other side, contended, that
there had not been 1001. collet-led under the com-
mission, and that as the majority of the creditors,
and those who were mint deeply inietesied had
signed, his Lordship should dismiss the petition.
The Loan emsnckt.t.cas sail. it was the duty of
the Court to examine into the condos% of bankrupts,
subsequent to the Commission being taken out ; but
as there were so many frauds praftise..l, in contem-
plation of bankruptcy, he wondered some of them
were nit indiaed. His Lardship then, on looking
over the papers, observed, that the affidavit of the
sienature of the principal creditor, veho lived in
Edinburgh, had not been exhibited to the Com-
missioners, and said, he thought it necescary to say
respell ally, to all the Commissioners of Bankrii ors,
that his greatest wish Was, that they should attend
particularly to the affidavits of the signatures to
certificates. His Lordship then ordered, that this
should he seat back to the Commis • ers, an 1 that
the matter should stand over until the next slay of
petitions.

ix-frarie BOVILLt in tlse mailer of 1111 V sou:my a hank-

rftpt.
This petition prayed that a meetinty, of the credi-
tors of the Bankrupt should he celled. and that the
Petitioner should be allowed to prov.: a dent on a
bond of 10001. or on a bond of 9901.

Mr. Rossit.sv, on the part of the Petitioner.
stated that in consideration of a marriage which was
to be solemnised between the daughter of the Bank-
rupt, and the Petitioner, Mr. Reynolds and the
father of the Petitioner entered into a p stole agree-
ment to advance 10001. to their respeEtive child, en ;
shortly after this, in the month of June 1803, the
marriage took place, and the father of the Petitioners
paid down his 10001. but the bankrupt not finding it
convenient to give his 10001. paid 251. the interest
for half a year. In April Ido-t be gave his bond to
the Petitioner for 9001. and agreed to give him the
other 1001. in furniture; but this not being done, he
on the Bth of May following, gave his bond for
10001. which the Petitioner now prayed he might
be at libesty to prove.
Mr. Be st, on the other side, submitted, that
the prayer of the petition should nor be granted, as
he conceived the bonds were given in contemplation
of bankruptcy, and that, thereloie, the petitioner
would not be allowed by the Commissioners to prove
either of them.

The loan it ANC El. t. cm said, if they were given
in contemplation of bankruptcy, they could not be
allowed ; but as there might be some circumstance
subsequent to the parole agreement, and before the
signing the bond ; such AS, fnr in,tance% the payment
of interest which would be sufficient to take it r,tit
of the statute of frauds ; his Lordship was of opi-
nion, that it should he sent to the Cinimis-
sioners to enquire what agreement was entered into,
before the pas,i.:q the bonds, and also, whether
either of them were given in contemplation of bank-
ruptcy.

La pork STF.AD, r's Me wailer of Sill TM ZS and
0 ritr.as, Reakrapts.
Mr. Rica Altus stated, that the prayer of this Pe-
tition was, that the Commis.ioq against the
Bankrupt, at the suit of the Petitioner, but not with
his own consent, should be superseded, and that
Mr. Lee, the attorney who issued" J. —iff-- IfAy all
the expences ir.curred. It appeared from the affi-
davit of the Petitioner, that the Bankrupts Were in-
debted to him 1601. and that Nlr. L--e, an. attorney
living in Leeds, where the Bankrupts carried on
business, offered to get the money fcr him, and de-
sired him to call on him ia a few days. The Peti-
tioner accordingly did so, and Mr. Lee then told
him cosign two- papers; one of them was an affi-

davit of the Defendant, and the other he did not
know the contents of. Some time alter this Og
PetitioLer saw one of the Bar.krupts, and consented
to give them time for the payment of the m+y,
provided they would pay Mr. Lee eighteen shillings
costs, which, he said, had hen incurred. They
then went to Mr. Lee together, the Bankrupt to pay
the costs, and the Petitioner to desire h:m to stay
proceedings hot, on their arrival, were informed
that.thc commission had been taken nut. The affi-
davit then declares positively, that Mr. Lee had no
direaions to take this step, and therefore prays that
the commission may be set aside, and that he may
be compelled to pay the espences.
Mr dtossti.tv, on the part of Mr. Lee, read his
affidavit, and the affidavits of two of hi, clerks, all
of which contradiCte.sl the affidavits on the other
lid. ; positively averring, that the octitioner had
called several times at Mr. Lee's (Ake, and had
left direCtions to have the Commission instantly
; and had even blamed Mr. Lee for mot
issuing it out sooner than he did. From these affi-
davit), the Learned Gentleman contended, that the
Court could not grant the petition, as, if they did so,
it must in (aft be supposed that these three persons
were perjured, and of that there was not the slight
est hint thrown out at the other side.
The LORD CM Asc st.Lok said. the affidavits were
so cnntradiftory, that the matter most stand over
until he had time to examine them minutely.

CJRLISLE, Aug. 17.

Yesterd'y afternoon. C. S. Fetherstonhaugls,
Esq. High Sheriff for this county, accompanied
with as great a number of respeflable gentlemen,
(both in carriages and on horseback), as has been
remembered these several years, together with a
number of javelin men, proceeded to kule-Ilolme
bridge 1 at which place they mat the lion. Sir A.
C4A4nrte, and the Hon. T. M. Sur rot', Knights,
whom they escorted to the Town Hell. The Court
being opened, an adjournment took plats till this
day.
I.ord Morpeth is expeCted here, to be fcreman of
tbe Grand Jury. The Rev. Mr. Hare ;s to 1 ranch
the As,ize Sermiin at the Cathedral, to morrow.
The followiirl are the prisoner, Maw gaol, to
take their trials :
Ge Ale Pave), and Jaie U.hw, .tthe wi e Jtne Alaimo%
rtrued wth a nut at W.,rkengiso ; itanytt Virkon, otherwise
John Sto7, chsrged with telemy, a,verai hank
.a,tet hum Andrew (;tahaoa, of Scare; John /frown, charged
sr to luring in hnpaesesauat revere,' counterfeit coins, and its-
pirrnent4 f w ruining; ffenrr Wll.on, charge! wth kitbag
and Warnig Woodman; James 1J:zoo charged wits
At Morpeth there were but three prisoners for
trial, two of whom seere capitaiy conric‘ed.

SP lII.VG TIDE.

Mr. Entrria--Thz late spring tide, oR the 10th
ins:. and three followin7 days, is an :culat demon-
stration, that the Moon does not govern the ocean,
and that she causes little or nu alteration in the tide.
If the Sian had been in the same position as the
Moon, at the late full, he would have caused a very
high tide ; fur the Sun, by impulsion, accelerates
and retards. according to his position, the motion of
the water.; he gives motion to the air, and causes
the wind to blow upon the earth, he causes the sea-
sons; the Sun produces the day by his presence,
and the night by his absence ; in fail, it is the Sun.
and not the Moan. that governs the tide, fsr he is
the grand and principal agent in all the operations of
nature, which izconte.tibly proves, that Newton's
Theory of the Tide is erroneous.
I am, Sir, yours, &c. W. Pat►tccs, A.P.
High-street, Esrvugh, Avg. 15.

On Friday evening last, the new Afterpiece called
Out of Plet e ; or, The Laic ,f &rhyme; which was
received with sich applause at Covent-Garden
Theatre, last season, WAS brouzht forward at the
Winchewer TLeotro, under the auspves of that ad-
mirable Comedian. Mr. T. Cottirs, of Drury-
lane Theatre. Mr. Fitzsimmons undertook the
part of Young Valtehri, and received the most un-
bounded applause from a brilliant and numerous
audience. The music, which is beautiful, afforded
him an oppornmity of displaying his charming voice
wth the happiest efical. i-Us songs were raptur-
.iusly eireered._

1 he De►il has allually got among the Tailors.
As a party of Printers belonging to THE Gaon/
Newspaper, were returning peaceably home, after
'pending the evening of Saturday. at the Cale-
donian Punch House, near Lincoin's Inn-fields,
they were attacked by a party of Tailors. The
former sought to avoid all quarrel; but the Tai.'or,
being about niire times the number of the Printers.
insisted that it was a fair and equal march. The
fell upow the printers, and wounded one of them
severely, having attempted to cut off his ears with
a pair of scissars. The offender was yesterday
token before a Magistrate, but was adThitted to

%Vanten run, exercised on weak or puerile minds.
is always etuel and &Incr.." and often fatal, as in
the following instance :—A few days since a lad,
fifteen years old, in the parish of St. }blowy, in
Cornwall, threw a boy, of just halt that age, into
the se-t' at which the child was much frighted ; but
'though, when he got out, he repeatedly cried
" .114,d,r." the oiler threw him in a second tirn',
which terrified him so much that Le was unable to.
dress himself, or "Pull; home without assistance.
Finns that mein, •nt his stomach ejeied all suste-
nance. and convulsions soon came on, which put au
end to his existence. _

On Saturday, the 10th inst. as thre: French Ge-
nerals, prisoners of war at Chesterfiel.l, were return-
ing from the hospitable mansion rt r Lientleman who
resis'es in the neighbourhood that town. they were
stopped by three fellows, armed with bayonets. who
tooXrom them all the money they had about t
'rh Wenders, i• is suppi.sesL ate known, and mes-
s ires are now taking to expose and punisn them for
such a disgraceful traniaaion.
Yesterday sennigor the body of the Rev. Two-
s. as Houma was Gnind in the Itiv,r Lone. The
following day the Coroner's I:.quest wa% b Id before
J. GARDNER, Lag. at Newton, when it appeared
that the di-ceased had been so a desponding way for
V,MO time, and it was supposed that in a desperate
st.ne he had ',grown himself into the river. Verdolt
—Lav,ey. Ha was liettor Halos/1, neat (km-
kir k.