The British Press; or, Morning Literary Advertiser.
London, England, 1819-08-28 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCF.RY, Liwc
Faumv, AIIOUST 27.

THE PORTSMOUTH RANK.
ICR•TARTR CARTER IN THR MATTER or MINCHIN.
This case, which has already attracted so much
attelatinti.oveupietl the Court during the whole of
yesterday.
.Mr. Cu r.LI N twirl he appeared• for the assignees
with Mr.NIONTAGUE, under the present conamismors.
There were two petitions from the .assigneer, one
praying that the present commission should be no-
pou tided, and that a provisioaal nee Should be exe-
cuted in its pliMe. 'until the validity of the existing
one should be determined. There Was also a Inn,-
plemental petition front them, prayimmg that the
commission be ..sepersedeil altogether. if his Lord=
ship thought proper, and .et the expense orthe peti-
t' ' g redlines. There were also some other
petitions from creditors. who prayed that the coins
miseinio should be superseded at the cost of tlie
petitioning creditor through whom it was taken out,
and who further desired that a new commission
should he issued, mint in town, but in the country.
The Leonora! Counsel was proceeding to state the
course taken by the missigoers on first bearing the
objections that had been started to the validity of
the commission under which they acted. when
The LORD CHANCELLOR interposed. and stated
what occurred to hint on the subject, and lie
merely threw it out for the consideration of all par-
ties, and without prejudice to the views or ',sweets
of any. It occurred to bin, that the best thing
which could be (lane respecting the debts upon
the estate, and for the couvenience and interest of
the creditors, if they could come to a mutual nil.
derstanding upon the subject, 'meld he to consent
to a new commission, In supersede the old out, to
order that the old proofs be received as proofs under
the new commission, mud the petitioning creditor to
be paid his costs out of the general
Mr. Maims (for the pesiiiimmiing creditor under
the present commission, Messrs. Md.tertillitt and
Co.) cm the part of his clients, fully concurred in his
Lordship's suggestion.
Mr.CuI.LEN (fur the assignees) expressed a similar
concurrence.
The Lotto CHANCELLOR-4, Much mischief
may arise from time app aa i%% burnt of 'n(86%4)1181 as-
signees, however well meant may -be their efforts,
and with reference to the effect of their acts, a
serious question may possibly arise if the present
commission shall hereafter he superseded."
Mr. flesi,o said, that on the part of his clients
he hail only to say they had no other interest upon
earth at heart bait the general good of the creditors.
Their ow,' was fully and distinctly 'mewed to them,
and, therefore, they could not be affected by the
result. The duty of supporting the commission
of course devolved upon them, as through them it
had been taken out, and they merely sought the
advantage of the rest of the creditors. They were
ready either to support the present commission, or
consent to any order of his Lordship's, or any 'ar-
rangement which could be suggested for the general
benefit of the creditors.
Mr. CuLt.EN -said. the only remaining question.
if his Lordship's suggestion were adopted, would
be to consider wilether time commission should be a
town or country one. The assignees were only
anxious to pro 1111 l te in any manner in their 'over
the interest of the general creditors.
The LORD CHANCELLOR said, he "meld merely
throw out what had occurred to him. If the parties
acceded to it, then the arrangements ,night be easily
made among themselves.
Mr. CULLEN-4, Considering ..wh•st has been
already done in town by the Commissioners, it
would of course be convenient and desirable that
the new commission should be worked iss the same
pia •e and manner."
Mr. MotitTAnut —" The only question is, whe-
ther, after all the examinations which have hereto-
fore taken place before the Commissioners, who
must hove great experience in the intricate •fairs
of this bankruptcy, nod who know all the facts be.
longing to it, it would he at all expedient to refer
the metier to other Commissioners, who should
have to sande through all that has been done to get
a knowledge of the business. The essignees had
only one wish. and that was, to promote to the
utmost extent the best interests of the creditor' at
large."
The ATTORNEY-GZNER•L said, that in his own
opinion the greater part of the arrangement sug-
gested by his Lordship was good, hot lie appeared
on the pert of a number of creditors of the Ports-
mouth Bank, some of whom were in Court, and
who thought that an auxiliary commission, directed
to Commissioners at Portsmouth, would be desir-
able for the convenience of the creditors on the spot.
The Lotto CHANCELLOR—" An auxiliary com-
mission is. to use a vulgar phrase. perhaps,a shabby
kind of a thing. When questions of very great
importance may arise, the old .Commissitmers, iu
my opinitm, would be time best." •
Mr. Mowiacut —ti Particularly so. my Lord,
when, in the course of the affairs of the Portsmouth
Bank, it must be known to them (the Coinmis-
sioners), that there were in the progress of the firm,
four or five out-going partners, and several re-
issues of the old notes. old Commissioners
have all the necessary information tots the■e ',ninth."
The LORD CIIATICELLOR" If the body of cre-
ditors take my advice, they'll tint resist the re-
appointment of the old Couunissioners."
Mr. Cu LIAR As to the assignees. their only
desire is to obey your Lordship. With reference
to town or country Conouiseitmers, all they are
anxious about is to promote the general benefit of
all the creditors. The old Cuminissione,s would
certainly be preferable, considering the progress
they have already suede in the aliens of the Bank-
rupts. Two thousand creditors meal a ationher of
small note-holders had already proved, amid it would
of colirse be desirable that the proceedings should
be continued in the bands which had already con-
ducted them."
Nll. ROSE—" There will be DO necessity to sue
peraede the auxiliary commission which is now u►
force."
The ATTORNEY-GENERAL—(4 They can stand
or fall together by the result."
The LORD CHANCELLOR said.there could be no
objection to that.• , . • .
MoNTAGus—o Of course when font speak

• •
of the effect of the auxiliary commission, snit mean
to alltiile to it. retrospectively, and uut proepec.
twely."
4.
The LORD CHANCEA•Loit--1, As to the new
commission, so far as I am concerned, it shall,.be
granted without additional expense."
Mr. CuLLEti then•itiked, in what form it should
irmie? Tice assignees were ready to obey his Lord-
.ship's stikgestion. •
The Logo CHANciii.l.oE—,, Take care that it
•he issued upon a clear act of bankruptcy, and an
admitted. debt."
The ATToRNEY-GENERAL mid; that lie Irp.
peered far a large body of creditors. whose debts,
including those who seinp..rted the prayer of the
petition, amounted to 26,000/. and upward..
Mr. MGNTAGGE denied this, and said they were
only vigil, in number at most, and in amount•
under 10,0001.
The LORD CiIiANCELLoR—,, Let the creditor
who petitions for the new cutninission, be the peti-
tioner who first applied to the Court for new pro-
4:ceilings, sod who has a clear debt, and can sub.
stantiate an act of bankruptcy."
Mr. MoNTAGuE said, that, as it were, two bal.
loons started to town from Winchester, after the
late trial. Tire assignees had, however. a 'leer
priority is their sppliceion to the Court, sinless it
could he shown that the 23it of July was subsea
tarot to the 27th of the same mouth.
Mr. Ross denied that his Learned Friend was
entitled to this I 'ty. The assignees had ca.
tnitily pre:seined a petition, which was afterwards
withdrawn. (Mr. Montague denied this.) His
clients had presented another, which, in fair equity.
had a right to be considered the first, as the other
was withdrawn.
Mr. MoNTAGUS said, that though the petition was
nut proceeded in, his Lordship had not ordered it
to be abandoned. He edited, that at the time the
Learned Gentlemen at the other side were as
ruinous to keep them to their petition, as they were
now strenuous its insisting they had obendoned it.
The petition of the assignees, therefore, was entitled
to its full priority.
Mr. CULLEN followed at the same side, and said
that the assignees had, throughout, acted under the
guidance of their Counsel.
The Lotto Cliancat.t.oa--" Let us consider
whether we can come to any arraugement. lf au
arrangement can be mutually summed, so much,
in my .opinion, the better. The consequence of
the state of this bankruptcy, as it now looks, and
which affects such a variety of urgent interests very
deeply, must be one of two things—either to stay
all proceedings in the bankruptcy until the verdict
lately obtained shall be finally disposed of by a new
trial iii another Court, and to leave the estate in
the interim in all the misery which must he inse-
parable from its so remaining,*or to keep the matter
open until the result. What necessity is there to
hang up the administration of the tains of this
estate until after the next Spring Assizes ? Suppose
also that is provisional commis was issued, and
that the result oh the trial established the validity of
the first commission, see then what difficulties might
arise; or again, if the second were established, and
not the first, how would the case stand as to all that
had been already done under the original commis-
sion ? Many, many difficulties might ensue by pur-
suing such a course. Certainly, in any way the
matter is disposed of, many will unquestionably
remain. What, then, is the best to be done for
the interests of all-parties ? I cannot help thinking,
us I have before said, that the best thing to be done
for the benefit of all the creditors is to supersede
the old commission. to issue a new one to the same
Commissioners, and to direct them to admit the old
proofs (subject, of course, to specific object' ),
and likewise to receive as proofs what have been
already received as such under the auxiliary com-
mission. If further proofs are wanted, tiny can be
cup lied by the new Commissioners in town. I
fear, if the commission was to be directed to the
country.. there would still be a necessity of having
rn auxiliary. Then as to the acts done by the
Commissioners, the question is. are they met by
any objections or imputations of miscooduct ? If
not. no ground can exist against their re-appoint-
ment until the result of the new trial, when-
ever that shall be. The former petitioners, as
well as the others, should, I think, have their
costa out of the estate. Let the new commission
then issue to the first petitioner (whoever he shall
be found to be), and if he won't, take it to the next
in order."
The ATTOILNET-GENERAL—" But, my Lord,
my clients say that this commission can never stand.
Messrs. Mastermen sued it out at the earliest de-
sire of Mr. Mitichin, whose you made all the ewers-
eery preparations. The object was avowed, and was
to save the estate from being swept away byextents."
Mr. MoNTAGUE—" We can prove that two or
three other acts of bankruptcy lied been' committed
by the parties, so that your proving one act of
bankruptcy to be bud, would not obviate the va-
lidity of the others."
• After some further observations between Coun-
sel, respecting the committal of the act of bank-
ruptcy-,
Mr. MONTAGUE said, that the Attorney-Gene-
nil represented Mr. Buckle.
The ATTORNEY-GENERAL denied this, and said
he represented creditors to the amount of 27,000/.
Mr. MONTAGUE—" Is not what his Lordship
has suggested. indispensable for the interests of all
parties ?"
The ATTOENET•GENERAL—I, My clients do
not consider it so ; they think the assignees, or the
petitioner who iseued.the commission, ought to pay
all the costs. The assignees deliberately pme
erred in a commission after they knew it was bad,
end went to the late trial, though they knew how*
matters stood."
Mr. MONTAGUE—a There is no man iu the
land but the Attorney-General who would dare
make thus insinuation option the assignees, and I
know he doe. it not of his own accord, but by his

The LORD CHANCELLOR—" As I see my sugr
grstiou is useless, it won't satisfy all ; then go
with the case."
Mr. CuLt.tx." We are perfectly satisfied, my
Lord, to obey your view of the case. '
• The LOAD Cuaticutt.ou.-1• What- objectio•
ces there be to the ola sissiguees r' • 1
Wir..Moutooott--.14•1140rrs ore not tworehowuje
able men alive-tban thosirgentletnew."` "
• The LoaireemirCsi.Cos•e-reliv.reetif

on with the ewe; but I plainly tell you I will not
hear the other petitions rev :cling it. wail Nu-
' vemiter."
Mr. MOITAGUIS and Mr.' CULLEN expressed
their perfect readiness so tplopeticreerarimenda-
don or his Corrlsliiit, "ni he "art first elated it
the Counsel at the other bide witil;e7l to go am
with the caw.
: NV...Mort:sem:. then said, that if the pebrieto
es•paite Critter were pressed, lie hail preliminary
objections to tirinke• to it, and, annul terjorre that
some Inns-ages it corattlined be eipunced,
lareltvant In the matter at issue,
contained. atntemtiosiwhich, as elllll.l 111 kt: 11tr as.
rognreß, were toorinivoeally lake-. Tie Lerred
Counsel. after nilisiliire(hrit6e 'manner to altulo
:
' commissiors 'haat been out, isnia, that'solariber
the particular set of bankruptcy alleged to he
committed were true or • den, waflinitneerial, ao
there were two other new •of liasikrootcy try which
the commission could he siistaiiire •
The LORD Clicict:i.t.oe-z“ The petition er-
pnrte Taylor hriogs hrforr toe sintlairig that the art
of bankruotcy was pre-cosicertell ; so it *May, owl
yet without iovololotilig the conimissiosi."
Mr. MONTAGUE repeated, that there were miter
acts on which the bankruptcy could be.slimainerl—
nrid• under such circumstances, and Where there
was no imputation or siispicirm ictechhort to the
assignees, whose intentions and marble' had hem
fa%r throughout. they were ready in obey the
Court, and pursue, as 'they had hitherto done, the
best course for the general creditor". hitherto ass
enormous expense had been incurred hefere the
Cominnioioners, many notable matters connected
with the business discits'ed anal arranged, sod no
persons could be considered more competent to
condoct the valor through than they were. Thee
lisd certainly the priority in the aoplicatious before
the Court.
The ATTORNEY-GENERAL regretter! en•remely
the duty imposed upon him, of imateediag eehi
the ease. He said that the moment She alielatiit‘
of Messrs. Alakterm.m and Co. were read, it
would be quite clear the commission could tort be
sustained for a moment. It would tht:si none:ir
that the bankruptcy was concerted by Mr. Min-
chin, at Messrs. Alaiaterman and Comparry's;—
They had stated., as Well of honour and character.
the whole of the facts, so far as they were tooter's,:
ed in striking th.% docket. The Attorney-General
then read the affidavits to which be rilltisieri, soul
which set forth that the firm of Mestermau End
co. had been for n series of rears the Londe.'
honker, of the Pottoinooth book of Goctatti 14,1,
Co., and had thrringliotit !kat time paid their notes
and bills : Thad ott Friday. the 6(11 November, •,
bill at ten days sight fur 14,0001. 'had been drawn
on them by the Portsinnuth hank, which they re-
fused to accept : That at the titre the!, were in
advance to the Portsmouth hank 1,080/. mu cash
transaction', and were also under screptatice Ins
them to a considerable amount, lint that they held
in their possession coroner seinirites, which were
available and aegociable for such arlosweir: That
Mr. Minchin, ern. came to them on the hilt, and
erne-thy pressed them to accept the bill, and that
on being refused he left town, and returned own!'
on the gth with additional securities, which he tei
tiered for them to induce them to accept the bill,
but which they declined : That he then after mooch
communicant's, with them, implored that they would
strike a docket to store his estate for his general cre-
ditors. from the effects of probable extents that lie
knew would immediately issue if the bank were deem.
imeilvent : Thutat his entreaty they coweilted to
take the steps 'ingested by Mr. Alitiellito, jun. who
at the desire of his father. was employed on the
occasion, and did strike the docket. The Learns-al
Gentleman, after detailing all that occurred sit the
different meetings where the business of the docket
Was arranged, proceeded to state that it was quite
clear the act of bankruptcy was concerted by the
bankrupt himself. He disclaimed meaning to
cast any reflection at all upon Messrs. Manterresaii-.
or the assignees, or any body else; lie scquittril
them of any improper motive—but he contended
that, by law, this commission, got up as it had been,
could not for a moment 'stand.
The LORD CHANCILLOIL inquired whetter the
bankrupt had been served with notice ? he had an
interest in supporting the commission, and must
hare time to answer if he has nut been served with
a notice.
Mr. MONTAGUE..-" On Kelly there ha: been no
service."
It was insisted on the other side that he had been
served.
The ATToaose-Gandiesr. then proceeded to
read other affidavit", which gave a detailed account
of the manlier in which, after the docket had been
struck, Mr. Mincl t i ~, junior, repaired to Ports-
mouth, tent at eight o'clock in the morning Mr.
Burnett, one of the clerks, to wait outside the door
of the Bank. which •was fasteliad, and answer Mr.
Jackson. a draper. and Mr. Chambers, a grocer.
who, as was agreed between them, should 'call and
demand payment for some of their no:etr„ and tell
them that the Bank was broke ; and also of vie
manner in which Mr. Carter and Mr.• Kelly %sere
by the said Mr. Minchin desired to ensue off to
town' and thereby evade their creditors. 'I lore
never was a clearer concerted act of blinitfuptcy by
the party who was by law preelortett. froni doing
any such thing. Here the conitilwourn .vas iisuert
by the bankrupt against himself, undtr..liis own
direction and supervision, and by.the Eseticy of
his son.
Mr. HORNS and Mr. ROSE followed at the same
side; and Mr. Mowesoue, Mr. CULLEN, 11114 i Mr.
HEALD were heard in reply.
Mr. MONTAGU'S stated that the assigi:res
throughout, acted 411 die' most 11111101141161 e. 11111//11C1,
and that for the steps they had taken reepecinag
their proceedings tinder the petmoti, they had acted
under the opinion of Counsel within the bar of mat
Court. mid two others in the Court of KIIIS.I

Bench. ••• •
The Loth CINANCELLOR—"I hive•hrfore me
of thtm

Lqp. four petitions_ in this cote, and _pot one of throb
on prays onylhing 'against the ssogisire4:h
Nlr. MorrAeusAituted. that thr uuly question Mi.
My 111110 was Tv take out the aselv-&1110111114.1oit
• drpriority his clients were first, and hat!ibat
by .laecoriling to whit had lalteit front his 1,uiri.,,,,,,
• • Public duty, it seemed. had di'stsitgar.kitis dey's
ItprOitiOW ; he thought this yul.o...led.qasesit,us.
.ebte salt of patriotism/; he was ad "..birth 40
ma. 'siter aces that public welts: e' oiwu- cneiruppwrias
• • ••,•.- • •• . •••••,..
• . •

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