The British Press; or, Morning Literary Advertiser.
London, England, 1826-09-08 00:00:00

L.4W INTE L LIGE NCE.

COURT OF CHANCERY, THURSDAY, SEPT. 7.
The Lola) CHANCFLLoit came down this morning at an early
hour, and had several in•erviews with parties in causes in his pri-
vate room, before the public were admitted.
IX TUE MATTER OF wounwE, A waita•ntire.
This case was again mentioned by the CORD CHANCELLOR
this morning, and hi% Lordship went into most elaborate
reasoning% nn the case. There were two important questions
to be &chiral; lst, what was the law of the case ? and. 2411 y, what
were the facts' 14ith regard to the facts, it was of little conse-
quence whether the preview and the printing materials were the
banktum's or not ; but he would take the fact to be, that they were
not, although they were in his halals (he could not put that part of
Use cue stronger); and they were sold, not by the authority of 3lr.
Bennett, the p-rson claiming them, but by the authority of
Bourne, the bankrupt, and which might be necessary to prevent the
setting up of another newspaper. The ownership might be in
Bennett, and he might have intrusted Bourne with the property ;
but what effect would t;iat have on the bankruptcy ? The bank-
niptey would apple to the whole of the creditors, and not to this
Particular case. There had been an net of bankruptcy proved, be •
lady, which was, that Bourne had kept at home, and had stated
that be had heard that Bennett was about to arrest hint for four
thousand rounds. There was no doubt that there was a keeping
house within the meanirg of the Statute. There had been
much contradictory swearing, but neverilielesa, after all, the
question came to this—was this commission stied with the in-
tent of putting an end to the action then pending, and not for
being worked as a commission fur the benfit of the whole of
the creditors ? They must also !ook at what took place after
the adjudication, independent of other circumstances, such as the
I paper that had been allisled by Bourne, with regard to the owner-
ship of the presses end materials, ahotit which there had been so
much variation ; and it was too much far the Court to say what
might have been the result of the action. They must, therefore,
revert back, and see what was the purpose of the commission, and
what it was in law. The books spoke of the right to have a com.
mission. and that stove out of the sth Cleo. II ,• but though there
was a right, still it could not be said that the Court should inter-
fere, when it was for the benefit of all the creditors. What would
be the effect, supposing two commissions to issue? It was true
that the property of a bankrupt was his creditors' un'il lie had ob-
tained his certificate; but it creditors under a first commission
chose to let the bankrupt co on, and a second commission, as of
right, were sued out against him, the creditors who had sued out
the first commission could only have the property of the bankrupt
after the payment of the second creditors; for although they had
the right of commission in law, under an act of bankruptcy, still
the Coma would interfere to see that the great seal was oat made
use of for the purposes of injustice, and would ray, " you shall nut
have a commission under an oil set, because you chose, with your
knowledge. to let him go on." Ilia Lordship then alluded to other
cases which had been decided. to show that the Court could act
with a discretionary power, and had ever done so. In the pre-
sent ease, from all the circumstances, and particularly looking at a
letter written by the attorney for the commission, a few days before
the ramie was going down for trial at the Assizes, wherein it was
proposed to supersede the commission if the opposing parties would
withdraw the suit, and staring that the bankrupts had no effects ;
looking at this, he could not see 'that other purpose there could
be titan putting an end to that suit, and that the commission was
not for the general benefit of the creditors. It was true it had been
afterwards sworn that there were effects which the solicitor did not
know of; that mattered not, and the question was, what he knew at
the time of suing out of the commission. Under all the circum-
stances, he was of opinion that the order of the Vice-Chancellor
could not stand; but. that he might not be misunderstood upon
what grounds, he would pen the order himself. If the commission
was superseded, it would be unnecessary fur him to say any thing
of the bill of coats; but there were articles which most certainly
would have come out. It should not be forgotten, if payments
were made to solicitors which the Act did not authoriv, they
were disqualified from tuning in that or any other commission.
The Lunn CHANCE LLoR intimated that he should not sit to-
morrow, but that he should after that sit for several days.