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London, England, 1821-11-10 00:00:00

of the latter esiggeotioe, 'sad es4led on Mr. Horne
ikeir .1,4 the petitlon'shasekir a pUetiedeif
Mr. HOZIII proceeded to mate, that the petition
he held in his hand wee from Benjamin Shaw,
Peirsoti.;sed J. Aotlisay Henson. It let
f that in the coastal/aims of bankreptcy hissed
niftiest !toward and Gibbs. certain pertions had
beta appottukiligiwee... is being duly and pro.
peso Chosen by the =editions. to which election the
petilietrets offered osidry objeviorm. They yeti.
tiewri. therefore:, either that his Honour would
billipteased to appoint other assignees, or direct the
• Cmistniosionera to 1414 the present appointment,
si;s4 causer new election. and in the mean time to
eiey 'the sale or conveyance of any part of the
ealate, till' the, facts alleged; in the petition could
beret in proof. The first objection of the Peti-
tenser* applied to Mr. Carrot, who= debt had been
filled with a auspiciun of usury. • . •
Bir.Afeet.o hiving reed in the .poition these
weer* "the eetitionera, with J. Anthony Hermes,"
tq know -what Herman's name had to do
with the petition
Mr. Hoass offered to Ince him out of the =ge-
ment. •
Mr.HART. edrerting to former proceedings in
the first commission, which had beets set aside,
shrived that Mr. Carrel hod another claim on the

estate, independent of the debt, which, rim being
questioned, had caused that commission to be
set aside.
Mr. Homes raid, that the proof of Mr. Carrot's
d►bt was refused by the Commissioners; that usury
was allegerlagainst it, and that Mr. Carrel had re-
fused to describe the manner by which it was in-
curred. iletoureieed that there was quite enough
i•n these statements to preYent the Court from put.
tidi him in possession of all the papers and books
belonging to the estate, which would enable a cre-
ditor having ►uch possession to qualify his proof.
.The second objection was against the debt of Mr.
Duff,*which amounted to no more than 921.7.. sd.
•He was not informed if Mr. Duff had put iu•au
affidavit a not.'
. _

Mr. MONTAGue said, most certainly heltirst
The Vics-Cuattett.LOß asked if Mr. Duff's
debt had been admitted by the Commissioners?
Mr. Hoene admitted that ii had, but remark.;
ed, that the facts of the petition were not known
at the time. Against 0- third assignee, Mr.Wilkie,
there was nothing which they had to urge ex-:
cild this, which' applied to them all—that the
Homes of the three assignees had been put in by the
bankrupts themselves, and that threats and influ-
ence had hern used in induce' the creditors to elect
them, and
,to prevent them front choosing any other..
The''neit grousid of Regiment lay in the amount
of the debts proved by Certain sets of creditors.
'ftese which determined the choice of the assignees!
amounted to 17,7391. 79. 10.1. One of these debts'
was that of Mr. Duff, before described. Another
had been proVed by a Mr. Pearce on behalf of him.:
sod( sand partner, to the amount of 1,500/. ; Mr.t
Pearce did 'not attend and vote in person, but corn-;
usietiiiimil a Solicitor by a power of attorney, which
would be described.' The instrument act out with
direction to act 'on behalf of the partner., and
presently deviated into the style of the first person
singular, affecting to be a power from Mr. Pearce
'thine, by whom alone it was signed, and yet di-
recting the Solicitor to act for both partners.
Ile (:.Jr. Home) apprehended that the law would
scarcely allow one partner to sign (Or another. But
if so, certainly Mr. Lake, the solicitor in question,
could i.ot be empowered by one partner directing
him in his own name to act for another. It would
be for his Learned Friends to shew, first, that it
Was a proposition of- law to allow one partner to
sign fur another—nest to empower a third party,
at a solicitor, to vote for both in the choice of
assignees. This debt being deducted from the
before-mentioned amount, it appeared that the
choice of assignees being determined mainly by
the comparative smount of debts, would have
fallen elsewhere. He maintained that Mr. Lake, in
this instance could only be considered as the agent
of one Partner. Besides which, though he lied
nothing personal to urge against Mr. Lake, he
welshed it 'to be remembered that he was son-in.
Jaw to Howard, and brother-in-law to Gibbs.
Now if it were possible fur a solicitor to a com-
mission. as Mr. Lake was to this, however honour.
stile a man, to be influenced in his management
of it, here was certainly • case of considerable
danger. His arguments for having the petitiou
heard then were-Ist, That lists had been handed
about by the bankrupts, backed with threats and
Other motive. of influence, to induce the creditors to
elect certain assignees—a practice which he deemed
hostile to the purposes of justice; 2dly, The power
Of attorney, which decided the election of assig-
ors', by making up the necessary nrijority of debts,
was not im perfect instrument ; and, filially, It was
most dangerous to trust the papers and books of the
estate to the power of a 'creditor, who, like Mr.
Cerro!, had been questioned as to the proofs of
his debt, and had his proofs refused by the Com-
mitisioners.
Mr. HART thought that argument had gone too
far for the present purpose, being merely that of
iliewiug why the petition should be heard. •
The Vies-CH a NCILLOR thought that the merits
of the question had been proceeded in no further
than was directly requisite.
Mr. TassLovu said, that the argument had
been so perfect by Mr. (lonic that be had little
to add. He would state one fret, that• there were
creditors to the amount of 16,000/. who had not
voted at all for the choice of assignees; and con-
sidering besides the magnitude of those transtic-
tom., now tainted with suspicion of usury, which
Mr. Cerrol haul been engaged in with the batik-

rupts, he must urge the to the interest of
the other creditors. In putting the books and papers
How lois posarosior.
Mr. BLAKE followed on the tame side; and in
a siluilar train of argument maintained, that there
wa:4 prima fault case to show the danger of fill,
tiling the use% 1111 l rot. mid the necessity of wait-
hog for the examination of the facts alleged in the
Mr. Naar; in reply, could *see no reason for
taki.ig the petition lulu consulesation out of the re-
gular course. He remarked' that Mr. Currul had
born an auogtiee in the I-minor couintission, and that
sio tii.ject.uti lied • been token Ili hiiiapiseisimeat
any u. .r of the creditor* of the 18.000/. which had
itcrn wrukiouctl. Shaw !Hamel!' WA exprtably SC-