The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-30 00:00:00

BATH° V. FULTON AND OTHERS.

This was an argument as to the validity of a plea filed by Jane
Bishop, one of the defendants, under the following circumstances :
sandom dying, bequeathed his property to John Fulton, hie
executor, directing that his freehold and copyhold possessions at
Cheshunt should be sold at a proper time, and that the proceeds of
the sale should be divided equally between May and Jane Bishop,
his sister and niece, but without stating who were to be the judges
of the time when the estates should be sold. They were put up to
sale in the year 11120, previously to the coming of age of Jane
Bishop. the niece, and the plaintiff Batho became the purchaser.
Upon Jane Bishop's coming of age, she refused to ratify the sale,
and had dune no act since to bind her to it. The plaintiff there-
' upon tiled a bill to compel the executor and the aunt and niece to
a specific performance of the contract ; and Jane itishop.put in a
plea of her infancy at the thne of the sale, and requiring, if she was
conipelled under that circumstance further to answer the plaintiff's
bill.

Ihe % ICE 4 lIANCELLOR held it to be clear, that as at the time
of the sale one of the ponies to be benefited was incapable of con-
senting to it, on account of nonage, and as that party, upon com-
ing of age, had renounced the contras altogether, he was decidedly
of opinion that the plea was tenable. The executor Fulton, in
putting the property up to sale, had acted under a mistaken notion
of his power—Plea allowed.
COURT OF KING'S -BENCH, THURSDAY, APRIL 29.

CHARGE OF PERJURY.
TIIE KING v. HEATH.

Mr. St:•RLETT stated the case. A short time since, it appeared
that a person named Sylvester had become bankrupt. The Com-
mission issued, and the proper number of creditors of course signed
for the bankrupt. When the commission mote into operation, Mr.
Heath, who was, up to that period, the solicitor, was dismissed.
The debts under which the commission issued were extremely'
small ; some of them an low as 11. 18s. Mr. Heath thought proper
to petition against smite allowances which were made upon the oc-
casion, anti opposed them in a petition to the Court of Chancery.
This hostility, upon his put, was owing entirely to a feeling of
malice against the bankrupt. The creditors presented a counter
petition, in which they stated this to be the motive of Mr. teeth's
conduct, and that be. Mr. Heath, had been heard to affirm he
would prevent the bankrupt front obtaining his certificate, and lie
would place hint iti such a situation that he would not produce hi.
certificate, and if he did not succeed by fair means he would have
recourse to foul. The ‘'ice-Chancellor, to whom the matter was
referred, refused to go further into the case until Mr. Heath had
answered this statement ; and he in consequence put in an affidavit
in which lie positively denied using the words imputed to him ;
and, upon this denial, the present prosecution was instituted. The
Learned Gentleman said he was aware of a difficulty in the ease.
Ile had not the connuission of Sylvester to produce, but he had
affidavits which would put the matter out of dispute.
The Secretary of Bankruptcies produced the necessary affidavit
of the bankruptcy, dated Mst July. He did not know the hat&
writing of Mr. Heath.

The affidavit of the defendant via also read, denying the words
to him.
I The Loan CHIEF JUSTICE did not think the affidavits de-
. scrilaid the Cmtinii.sion with sufficient accuracy.
I Mr. SC•RLETT thought the petition of the creditors would an-
' :aver that purpose.
The Loltb tEr JUSTICE was of opinion that Sylvester, the
bankrupt, was tut described as alleged hi the indictment.
The liankrup• himself was then called, but did nut appear.
Mr. Thotiuss Hawn. the Solicitor to the bankruptcy after the
dismissal of Mr. Heath, was sworn. Upon being ask,Nl for the
commission, be said he could not produce it. He imagined his
town partner bad it ; but, upon inquiry, be found it was in the
country.
The Loop CltiEF JCITICE—It is useless to proceed any far.
then in this trial without the commission. The first allegation in
the indictment is the bankruptcy, which cannot be pored, as tbe
commission is not produced.