The British Press; or, Morning Literary Advertiser.
London, England, 1807-11-06 00:00:00

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rr INTALLIOENCE.

ANcERY, f.iscoLies Issi-lULL. Nov 3.

were *gain uccupied in bestirs Banta

fro?* SLOT.
31. Roams. and Mr. BILL were beard
'the Petitioner, a Mr. Hart. They con.
a 'gr. Benj• Walker and a Mr. Butidock ,
et, of a Bat krupt, of the name ot
14ge• a ship-builder, in the county of Kent,
of their not having eondaaed them-
sufficient industry and. eaergy. i.s be.
creditors ; in nut paying into the Bankus,
by the Commissioners, the sum a
eot havingCCM:till Ships belonging
Dokiv,ir, in order to :pply the produce
• to the Creditors; they, on the contrary,
employed these ships in ttade, without
ot a meeting ot the Creditors ; that
Atka WAS an improper potiono
to be an As.. •
account of his not being himself a cre-
hay. ng sold an estate to Paruidge, pre-
t. the bankruptcy ; the comma it r which
haring been completed, it was left in his
eitiltt to rescind Cr enfrrce it, just as it
Lis furposes and canvenience ; and on ac-
vi ihs:se As,ignees not harir.,t mentioned in
iccourts A the 'flats of the Bankrupt. foot
ranior the Herdiewle, Esther, Lasrei brig.
spasoge vessel, called the ktegetets. On these
%Sile Petitioner craved that these Assignees
be ienr.oed, and caLere appointed in their

gisalf of the Assignees, it was contended by
HOT and Mr. W ISLD, thkt they had
is every thing by the sangion of a meeting of
ciestitore, aid that they then laid all
:seams before them. The easels were not
:;ie it was thought more ptudett to hire
It to Government, and no loss Lad therefore
throw:- t!ie means of the Trustees. One rea-
Ithe4 tLaving been sold, Was. that a solveet
ideal WI a very considet‘ble share in them
with the Briuktupt. Ihe Assignees aged
:o priceal or interested motives, but ears-
their pweer mid commal in the some manna
%Told have done in regard to ti.eh own
As to the vessel called the flewriegicie,
il.rfrept was repotted to have had a fourth
it ; but his brother. with whom ke was in
tip, claimed the %elude of it, and it was
renthired from the putt of Dover to
talon. The other vessel* mentioned did
ostler the management of the Assignees.
the objection, Oat du is: tie sol -easy of
P.-midge, lie had emitted tato an agree :.eat to
an esta S Irons Mr. Winer, in the utility
het, they bad to olaserve. teat only a small past
.owd.asenrottey, which was 3,05u1. in all, was
fly paid; and Mr. Walker says, he is ready to
ins the contra& if any perom comes forward to
it 44113 bun. Lie sr< witting to take she estate
qoa, cr to give it up, on the enemy bows
It was imputed to hint as a fault, that he
perm;red the •Bankthest to team posseuis-n
Title ling interval chic* this haokroptey tosA
hit t:se re 14111 of this was, that irsone,hately
possession, the Bankrupt told it to his iv-ober-
', si that the Bankrupt has moonily dilineared
rignees of all eight sad interest in that mute.
Meier basil &Milady wen the deed Of convey-
s, Pritridges to his brother-in-law, before he
conk the assigneethip. tar frogs Mr.
ter not being a creditor. he has sworn that the
Apt is, holependently of the above transit-
indebted to him in the sum of 499 i. so that
y be said to be a eteditor to the amount of
Chusand pounds. On the other hand,
Petitioner, Richard Blot, had given in a
nu to the amount of 40Uul. which was refused.
sen Partridge became bankrupt, he was h pot-
Awn of some valuable plate and housliold fur-
s.- le. which he had. unknown to the AF,,i,!neeti.
'cr.:Amy...l in the maintenance of his wife and child,
but for this transaltion the Assignees wei.e by no
means blamable. 'l%) dismiss then front their si-
tuation as Assignees, would be casting a stigma
lupon them. it was not stately incumbent upon As-
signees invatiably, to convert the property
ot a Bankrupt into money, for the purpose of
it amongst the creditors. Asa general
prays...ion, it must certainly be assented to;
but there were a variety of cases. where it might be
impossible, as well as improper, to accomplish it.
yips, tot instance, were not such au article as could
instantly be.converted into money ; and, therefore.
the Assignees certainly "lid right in continuill them
in the ihrvice in which they were formerly employ.
ed,. and TOCeivilix for deem the same hire which the
ktanksopt himself foe mnly received. But even sap.
posing the Assignees had negleged to do their duty.
the subsequent approbation of the creditors put
diem right. In cousequance of an advertisement
with woriblisbed, calling a meeting of tt.e ere.
ditan, for the express purpose of consulting them
as to what was so hie done. an award. as to the
iships, Was then made. The very creditor who is
now the peutinoer attended that meetiog, as would
he seen, by his name being amongst their number.
At that meeting they agreed, chinch, matter, as to
I':c ships, should be referred to arbitration ; and
yet this very creditor was new an ohjegor to the
award. Upon the whole, they submitted to his
Lordship, that there Assignees had aged from the
hest motives, and they therefore trusted he would
pus so essence upon, nor remove them. They
would not. however. deny, that one of the Assignees
bad aged erroneously. in not putting a certain sum
into the bank, but this he wee ready to do now.
After a reply from Sir B. Root IT, the Lome
Ca ANC at toe delivered his smcienents and judgment
upon this woer neatly as entiows:—..et-This Petition
appears to contain two applications, the one to dis-
miss the Assignees upoh this Bankrupt's estate, mud
the other to three. certaia inquiries to be made with
regard to their trestuftions mad dealings, in selatien
to the Bankrupt's property. With imps& to the
fame, of these applications, there are two grounds
stated for snaking it ; one of them is sneh les throws
no reSedion whatever open the Assignees themselves.
Where Assignees are steadies ia a situation in which
they are acsmaetable to the rest of the creditors,
they cannot be themselves the representatives ot
credit°l4* 147. at to take an account for end
nitinst there:tires. Uinta such a, ground, then'

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tore, the molt honest A ssigiteee mist eteenearily be
removed, without any intpueation being thrown
upon them, as to their integrity ; bet it is upob this
principle, thet,thete are in all cake tome men good
and some men bad, that might 4AIEDGE to beam
appointed. With respell to the tithes ground, that
they have not phi money into the hands of their bask-
Ilf% I cannot allow snch a thing to pass over wino
deed, as, under such circumstances, it would bathe
duty of the Court to dismiss them. By au order,
made in 130 d, one of these gentlemen was ordered
to pay a deficiency into the Bank, which has not
yet been done ; and it therefore appears. that he
cannot do, it. This being the case, the short guts-
i•tion is, aeliethir or not lie ought to be continued as
an Assignee. so as to be allowed to handle the
toohey of the Beekropes estate in future ? I think
this point cannot occasion ranch difficulty. and tbat
it must be determined, that he ought COL to be can-
tinued. it be cannot account for his having drawn
that money oat of the Inutker'i; and thew that he
took the best security he could for the benefit of the
;creditors. If be drew it out :Or the purposes of the
bankruptey, there can . he, in that case, no impu-
tation at all; but, it otherwise it is a direr vio-
-1 lotion of the covenant he formed Minself. With
-respeet to the other ground, that it will be ems-
airy to institute' an inquir7, I must passe ISt the
pieties have an opperituritty of stating whit they
have done . with, that money. becattie I think this is
an inspeetant part of the question, and one that is
it a great degree undecided. The Legislature has
geberalli established the principle, that Assignees
are boudd to sell the property of the Bankrupt,
so as to enable them to mike a dividend at 4
limited petiod ; but that bas been touted impos-
sible to be complied with in some CAIN. In
the case of Sir George Colbtook'i badfcraptcy,"it
was shown that he WAS the owner of certain Wert
India property. which one creditor iosiseed upo.•
being disposed of; and it was Lord TIIIIII:;w%
°Osten, that an individu il creditor could :at MAI:y in-
list upon the sale of the Bankrupt's rope' ty uy tee
Assignees tippoetted, even although tee great I-elk
of the creditors were against it, as beirig. improeer
at teat particular time. and under all-the cusum-
'tutees. In that case the individual creditor ae-
cordingly sfieceedcd in ordering and effeaing si',
sale sit the property. I hid at that tune a gum
deal of doubt as ei how ter that inintiple of Lord
Thuilow would, tit; and no C4sts has slice then
occut red. of a MIA! - ertAtac:. esi.ept thee of MO?tr
and Atlenson, where a West Loire
rit4:g. 117.4 S pet
up to sale at the instigation of
;one or :tire of the
creditors; I then thought that the best wsy would
be to put up diet estate At sa, particular puce, as an
expri anent, but I t:: nor know what afterwards be-
came of it. It is not because I have not had fre-
t:teem oneufiot to renea upon this matter, that I
itesi•ate et Os moment to give an opinion or a
judgment upon this partienlar case, but it ietteeense
I. coneeieit it would be its Order of great import-
ance; I stall therefore delay saying what should
be the order dt input,. that is sought to be insti-
twee. till you have an oppertunity of further ex-
plaining, by iffititivit, the purposes for which those
sums we applied."
Fr-snide SEITHAM.
Sir Sedum. 'tautest, on the part of the Petiti-
oner, a pettier is a banking coecermuoder the firsts
at • TtA. Chatham and ShearnetsUition Beek,' craved,
that the COMMISSiOn issued against that Company
should be super sided, on Account of that Gentleman
never having committed an All of Bankruptcy; or
it this was not ccinplimi with. tied the Assignees
chosen upon that estate should be removed, in, ac-
count of improper management. He added. that
there were, in that concern, no less than six part-
ners. two of whom were dormant ones, and teat
no 'pint debt bad been made out against any tour
of them.
Mr. Ceetzte and Mr. Coos were next heard
upon the other side. They argued, that under the
circumstances of this case, and the length of time
that hal expired since the herkruetcy (being twe
years). it was impossible his Lordship could tit:
prevailed upon to nape:lc-1i the Commission. It
was a '...:aiumissi- in i eued against I sir out of six par t-
rue , and secretors:, as a j not Coneniision, i: credd
nc;t be supported I both appeared that two of those
six were secret or dorm/et pertness ; for reasons
of delicecy. they not wishing to be letown to
the public till after the bankruptcy. Tile
Commission had already been aced union, sed
acquiesced in by tale other partners, and there was vie
1 legal necessity for inserting the secret partners un-
i der the commission. The petitioner could be
proved by Witnesees to have committed an act of
Bankruptcy, in having left his house at Maidstone,
and gorse to London, where it was said he would
bet...in! at a hte.NoelPs; but upon application there,
tie was we to be found. The mode of proceeding,"
th- esthete, should have been by an aCtion at law,
an I not by petition. These were no grounds fax
rmansing the Assignees, as no creditor had com-
plained of their condua, although Mr. Tynewell
deraharn had ebouget proper to mike a lung Affi-
davit as to their having imp nperly passed accounts;
bat he ought firs: to have applied to the Commis-
sioners, ind teem whether they could all in the matter.
so as to do all parties justice. Mr. Cook then seed
a long affidavit of one of the Assignees, who was
Solicitor to the Commission. proving the as of
bankruptcy, and stating their mode of manage-
ment.
Sir SAMUEL Rouiteet then replied; and the
LOllO CM ANGEL Loa expressed himself as follows i—
t. This is a case of a Commission taken oat in May.
190$, against certain individuals associated together
as partners, and appearing to be f..rming a Bank-
ing-house at Chatham, some of them having liefore
formed a Company at Sheerness. To this Com-
mission certain objeaions are now made, not by the
Creditors,
were by the Banktupt, iii the year 1807
and when nsider what must be the state. ol '
things in a concern of such an extensive and com-
plicated name as a Country Nankin house, sleet
the expiration of two years fine, the Commission of
Bankruptcy took place, and the long settlement sat
disputes necessarily arising in suds a concern. it is
!steely now too late to come here for the purpose set
having that Commission superseded; because, it
the objeaiens were At all ave.lattle, it was necessary
for the party to have complained speedily. If the p, -
titioner had come here at the first, and said that there
was no ea of baukruptty,and titled the cirauenstance
, • of then being man partause the case would have

(At ,s'

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Glen otherwise ; but hoe the Consthission his bees
allowed to go on, and the Assignees to proceed in
the settlement of the *fairs o this Banking Cons.
pant far these two years. it does not appear just or
i reasona'sle that the Bankrupt can be able ro get rid of ,
Iris commission. Under such cirtastmeances, this is ,
slimly not the proper place to proceed. If he choose
to persevere, he must proceed by an action at law ;
becense it is the law that newt decide on the validi-
ty of the Commission. Let the matter be as it may,
this Coon cannot interpose, by adopting the short
way of sn perwding. It is not. therefore, seem:ley
iconsider the tae as to the dormant partners t but
e naigiit naturally ask some question on this part
the CAW. Taking it for true that a Mill is not
ligad tts accept a dormant partner u has debtor.
'itiifichlsough he may have done si, it is too late for
me to interpose, 'oe.• to supersede the Commission.
With respeA to the other put of the CM. I me=
the dismissal at the Assignees.. we muss els) consi-
der the time that has already elapsed.. ter,
they with the nature and difficulty of all those in-
volved in contmlkated coneeras, in whies the Cre-
ditors would find thetnielres engaged, "irpl . theist
Assignees to be removed. 11 haft we Itanw '
ie conteras Of county; 'banks,44riXseir gerietad
siai#,,,ok @evil ,otts with ' "' as much
pst .ge el c . and M this cape thuatodunt
notes circulated by this company does uni•aPPlai
to have been imall„ one Must have reit feted-
ance to dismiss Assignees under such circumstances.
Upon the whole, I do not see sufficient gionncla for
dismissing the Asiiinees ; and as to the act:Quint,
I have tail to 'observe, that they quest to let,efreTY
persPn cs,..iaserp%:. see slim, and thou hay.' A hearihg
of the case before the C.nntoissioners. Upon these
,
grouads, therefore, the rinition part be disuussed."