The National Register.
London, England, 1819-08-08 00:00:00

.t:t4

LAIV ISTELLIGLSCE.

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CON/111' OP CIIANCI:RY SATEPP %T. JULY I.
,Tlti ItLV• EItT&TOW V. THE PAMIt'IIIONLES Of
ST. t ItOMAS APOSTLE.
The I.orel Chancellor gave his judginer t in this case,
and
. obscrred, that it was no doubt. une of considerable interest rght-
ttee to the rights of the partio,genadering them in the situation
in which they *wallet-ed. iquestion Lclure him um
l'Attitletl on a motion 1:y the Rev. plaint f, vicar of the parish,
praying the Court to aistiansi-e him to examine certain deeds
whteh wept in the custody of the defendants. This motion was
made oallte geoural, rf ate plainti claiming his right, as vicar
of the 0414, to enjoy the proo:eds iris charitable estate. foundtd
in the reiguef r.dcard Lys Mr. Chantpness, citizen anti
tnercer.in Londo,„ ylio devoted a portion of it tia he paitlto the.
-priest of St. Theism. f.tr saying so tuatty.masses for the soul of
the deceased founder of die charity. Liter being regularly paid
by the trustees to the dine of the reformtosation, hydlenry V d
I.
the funds devoted to superstitious puries were appropriateto
the Crown ; but there aas 3 lebal'atioll in this case in behalf of
this parish. The great fire in iCtliti destroyed the tenements on
,the estate, anaitg others ; and it was diiiicUlt tO say on a hat
precise ground thee. prior to that tame. acre situated. The
. -verishieners claimed a right to act its ue.stees of the et,tate. con•
;tending that the ititentito,of the founder sits to make them sat
tl c vicar claimed them as being his. conse-
cuenee 01 the intention expressed by the founder. Allin that war
Ahereittre ashes' in the present stag, of th, business was, to allow
him an inspection of the deeds and muniments of the chayity,
for the purposeof 'aging enabled thence to ascertain on what each
party iitaatd their claims. He had minmely read over the hill
And answers, and, otnsiele.ett;; them, he was of opinion that
the prodnetion of them was necessary to decide this question.—
. Jle tiutt.fore 4310 his judgment acetrdiagly.

Ms•Notif. .4.I:GUST 2.
THE PORTSNIOUTII BANK.
,te.s.erattalt TIIE SIGNS:EA IN THE starred OF AIINCHIN
AASND OTHERS, BANIENTETS.
Mr. Cullen stated, this seas the petitiun of the assignees
of the banksuipheasrayisig that . the proceediaigs mister
.rOtsfiliittslolll of hanks 'spicy, notch issued on the 10th of
November last, spiels( be deposited
aids is Lou eisisip's
Secretary of Bankrupts, until au applicati JJJ which was
intrusted to hr made to the Court of King's Bench was de-
cided ; that another commission might issue against the
bank; opt* on the petition of Alt sander M'Leoel, a molt-
tor ; and that proceedings under the first commission to
the cummissionets usidtr the second, if they should think
...it ACC essary.
Mr. Horne said, it ass his ditty to interrnpt his learned
friend. As ape r.ion oas presented to his Lerdship to
sup, rsede this commission with costs, he could only look
at this petitioa as a nesoccov re of the assignees to get rid
of the petition of his client.
Mr. Montagne said, if. it. was a mance livre, be and his
1-,rued friend (Mr Collett) were the culprits, at it was
prsenttil b. their aelsice.
The Lotil Chuneellor.—l will bear this petition, at the
SWIM time beating la my iniud that there is another peti-
tion pending.
Mr. Chihli stated, that the petitioners were chosen as-
signers by creditors svho had debts against the ImuLi opts
. to the ausouitt of :1'2,0001. an.: upwards; that these vette
Itsost itsteortant proceedings taken under the commission ;
list 'bete haul been 10 seri% ate meetings of the commis-
:dusters, besides public clltelk, and the bank' !opts had passed
all their examinations. The commission issued un the p►
titian of Messrs. Mastermans, bankers in London, and the
assignees brought an action to a ecover a debt dee to the
estate ; it was tried at the present wedges for Senthamp.
ton, before Mr. Baron Graham. There the detendant
seised a question as to the validity of the commission.—
• The learned Judge was of opinion that there was a good
petiltull iii g creditor's debt, but the petitioning creditor's so-
licitor being laity to the Avis of hauls topic), committed
by the bankrupts, they ekalal nut hold, as Messrs. :Haslet-
tames were answerable for the conduct of their solicitor,
and the Jury returned a verdict for the defendant.
It
she Catlett ut Kieg's Bench granted a new trial, it wools,
not come on till &piing t and abliutigh Baron Graham was
44f opinion that the acts of bankruptcy were not good li•
re Messrs. Mastermane, yet he we.. sof o,ststion they would
lie good as to any other pe titiostiog creditorossul ut course
moti:el lie valid as they related its Mr. Al•Leuel. He had
site affidavit of Air. Bibles., the solicitor oft he essignees,
which set forth. that his clients had entered into 4usti reels
fur the sale of the resit and pet soital estates of the bank•
lopts, asset had seceiv eel ttttt rtgages hoist debtors to the
isankrupts' eatales t and also bail 114.4•SiSeti 1e55•551 sumo
bons ether deism 5, wliutn they had brought actions
:ivies, fur the recovery, but objets Mete abated by the
payments made, and that they, the assigness, hail assets
in their hands belstiging to the beets, epts' estate amount.
lug to 35,0001. Ile (lite teaseled couidel, could out conceive
any thing meta hrelpl than that his Lordship should use
the judicial power abide hail been placed in his hands,
stud grant the strayer of One petition ; and, imbia opinion,
the re was nothing that could rte so pet nicious to the ends
of Justice as stiperseding the commission.
Mr. Moos:ate followed.
Mr, list t, counsel fur the petitioning creditors. 'Messrs.
Nash' I maws, said lii' clients wet e ieatty to submit to. soy
eider his Lesidstip might please to make fur the bent tit of
the i a editoes.
Mr. Hoene said, he n. me certainly put to great iecenive-
eit nee by the way drift petition had ores. brought on, as
Isis sheets hail not teems ..... 41 with it, Hilliness:it the as-
eiguees Were serves With due ;ritten to sispeisede
el.ininisOitgli. He held in his lomat the effides it ideate of the
assignees, made in Jauntily last, its Whitt be sweats that
he did nut believe dare was a good petitioniug creditors
debt.
The Lord Chancellor.—From the little I base heard and
seen of this case, time step that is sseked to be taken by this
petition is a must important our, mid must tinsel in its tie-
sore. Alatly impostaut outliers sussy.take place if the vow.
plAssiuti is ettpesseded, mid sleet if it is nob Hood site up
All the petitions, rut it is mousses) I should be in pusses.
siert of all the inforssistion eutdain. I, hums err, car-
not help saying, that I doubt se %other the arts of bank-
ruptcy will support thus commission. i will read the pill-
elOns and the ItlfleaVitS this eveniog, and give you ley
•pistioss todssoliow morning. fur it is al matterof great
A:marque nee that it should be ininiediettly LOOVID whether
the entednussistie is to be upheld or not.
-Further cousideratioss psalposed.

CONSIterOKY COURT. Iokll. JULY 42.
DLPRIVATIO
LIIB N OF A
BOP CLEII6IIIAN
N. BY VIE
AtilS OF 1 WI
IssairLET V. haLSWII, CLERIg.
This Was a suit att the onataute of John Bradford ea
thayelwatdtut of Fatelartaid6o, in rte