The Sun.
London, England, 1806-08-14 00:00:00

whO, th 6 faith-of that prilp6ity cdntriet6d-.'Wfitif
him. Property in ships was clearly of that nattire
inquiring into, the stability. 'oil, the 'credit- Of
any man in trade; ode mrturally observed :'"c". Hellas
half -of an Indianian; a third cit. a West India
trader,-a fonrth of a ,Guineamari.," Bre. and' on--the•
'faith of this property,' credit wag given tc4tich ap,pa-
rent possessor as Muth as to the holder of any otb6a*
species of property: The sage i'vits:lilso the rule as to
our general Maritime Law, by which it' was requirted-
that the interest of every proprietor in ,:iny vessel
should appear pn the faceof the Register-of-such yes-.
sel ; and no property ittany. vessel was sustained which
did-not so appear:. It often happened that a -person.
who navigated a vessel had also ,a right of property
in her. He; to the extent- of
_his services on her
account, had a lien on the vessel: 'c But,•it was never
yet maintained or understoodi: ithat,:the Chandler;
or other person making furnishings -to„lier,f had bath-
right. In 'a case in Mr. Cook's excellent book, it
was shewn, that even where a
.ship-builder had
completely repaired a vessel—in fad had renewed
her, by taking out all her rotten ,timbers and putting
in fresh ones,' he had no lien oir such vessels for his
repairs, but lutist give her up to'tlid ASsignees, and
come in. along' with the other Creditors. • These
were the sentiments he.at'peesenfentertained!on the
case. 'HO could not think7that'Gunning:stood in a
better situation thatrany othei--fUrnisher to the ship,
the &ed
,under. which he' 'clainied, if _it gave hitn,
any Haim, .latthth The' case, how-:
ever; being of grVdirritnlx)rtnce, I.ll.shoultliciok into
the deed, nid see it, it •varranted lure a§.'amOtintl'iv;•
•to a contrad' of' eo-partnery, in' formino' a -CUiltr,irr
judgment.

• -
Er-par-te SMITH;
This was a 'Petition, praying that a Com Mission
of Bankruptay; taken out against a tiEin 'of tb name
of William Ryder might be superseded'; or incase.
the LORD CHANCELLOR should Tiot grant 'thy
quest, that the Petitioner might be admitted to f)fove'
his debt under such Commission.

Mr. WETHERALL, in support of the*Metion;
that numerous grounds existed upon wi) cli his Lord-;-.
ship would be called upon to set aside the proceed—
ings instituted against the Bankrupl. A iteW-vears
ago he had carried- on busineSs in Lonclorn,:ail "ty6t
succeeding, bad been under the necessity of-eenivl4'
to a cornposition- with his creditors. Ire-theii-errtored-'
into, business with a Mr. Dawson,. and -*sided in'
Salisbury-street, in the. Strand thateencerti; :how-
ever, 'did Lot turn out so well as was exPected, ant'
a docket was subsequently struck •-agalust ivlr. Ryder.
This bankrupts? was now soughtlo be setaside.--,.-
For this obje& it was, stated; that the Petitioning
Creditor had maliciously taken out the-commission; •
Mr. Ryder not consenting to compound' an action:
which the former had commenced against him; when .
he said, that if he would notcompromise the matter
he Would -go to Manchester, and persuade:his father_
to make him a. Bankrupt. It 'was also urged, -that
the Assignee, instead of being d creditor; was :Mr.
Nightingale, an accountant-at,Manebestery•-who had
no interest whatever in any of the concerns and
that the commission was sued °in in • Manchester,
instead of London, where the Bankrupt resided and
carried on his traded It was. further urged,. that col-
lusion had been employed; for; instead of :a.sale by
aueStion of the Bankrupt's house and furniture in -
London, they were disposed of in Manchester to
Ryder's father "T the, sum of 301., Tlpon.the whole
case,- it was trnsled„ that sufficient objeetions had_
been raised to the cornipission to induce his Lord=
ship tosupersede.it.
The SOLICITOR-GENERAL, in reply to these ob-.
servations, produced various affidavits; which dire6tly
contradOed every thing stated in 'favour of the mo-
tion. With regard ,to an .Accountant being placed in
the situation.of Assignee,
,the Learned counsel-Said,
that in Manchester it- was. the ordinary praaice to
employ Tersons in that officowho Were particularly
• s
conversant .with figures,;, and,: by. that, means. were
best enabled to settle the a‘ffairs of a bankrupt.
The reason why the commission was not sued
out in London was a very substantial ,one, viz.
because debts 'dicrnot exist in that CifY to the
.amount of forty pounds, and- that the bankrupt
k was only known as a trader in Manchester ; ter
is all..the property ,he possessed- in this city.was- a
small house and furniture .in Salisbury-street. It
was very easy to suppose; hat for these only.the ex-
pence of a sale by auCtiop in London N,Va's.unnees-
sal'jr; and they were consequently. .sold" to the' Wilk-
rupt's father for the full value,- 501.. This-had'been
the custom in many instances, and it had come-be-
fore the Court not long ago in a' case id which Mr.
Alexander Was concerned,
,and where also an Ac-
countant was made Assignee, though no: debt to hitn
• ever existed.

The LORD CHANCELLOR observed, that there was
not the slightest colour for imputing fraud or- collu-
sion to any of: the parties, in:a .single.trausaaion,-,
The Court would require some substantial groundg
to be sbewu; before it: would:decide. upon the validity
or invalidity of a commission. Id the present case,
not the smallest foundation'existed to supersede this
bankruptcy, `24-bvery circumstance arged against •it
had been positively contradiaed, 1-le, • therefor!)
admitted the Petitioner to prove his debt under.; the.
Commission. • . .

A considerable .disturbance took .place yesterday'
morning early on the A6ton Road -between
-two prig
vate dragoons and three deserters, wino were-work-.
ing as labourers at some buildings. The dragoons
hadinformation from 'a man who had formerly be-
longed to the regiment, that the three men might be
found on the spot, and they waited a favourable op-
portunity to make the attack. The deserters- resisted
their opposers, and a confli6t ensued, in which others
interfered on both sides, and after engaging • with.
stohes, sticks, &c. for some time, the deserters elud-
ed apprehension..
A woman of the name of Pester, of a very inte-
resting appearance, vas dete6ted in an attempt to
drown herself in Chelsea Reach, on Monday even-
ing. A man, of the.nameof Miles, prevented the
unfortunate woman
,from executing her design, he
baling watched her, froth her singular behaviour,'
fol. some time previous to the attempt. .The wretched,
'woman, it appeared, had lived with a Naval Officer,
at a house in the Lower Chelsea-road, who had-re-
cently left her-, She was not more than a. minute
in ,the water,, and her real ,eircumstances- being
knOwn, a liberal subscription has afforded her tem7'
-porary