The Sun.
London, England, 1808-08-16 00:00:00

ship fcxtnci Mr: rindion, however, entitled to his
costs, and to the Costs of the present application. •

MONDAY, AUG. IS.

EX-PARTE DAVEY IN THE MATTER.,OP WOOLET.
s Sir SAIKUEL RQMILLv and Mr. t-LLRT stated this
to be an application on the part of the creditors of
John Parkipsoia, Wooley; now a .Baokrupt, to haVe
Thomas Stapleton and Peter. Dupre removed from
the situation Of' Assignees unde-r the Commission:
Stapleton, aepeared, was the petitioning,Cre-
ditor ; and it also turned in the Conrse of in-
quiring into the Bankrupt's affairs, that he had been
in the liabit,between the Christmas .previoas to, the
-bankruptcy and the 25th of January, when the
Commission was taken, out;.01-1,purchasing from the
Bankrupt, who was a brewer, a variety ofarticles,
such as hops, -barley; beans; &c. although he
was a corn-faEtor, and of coursea seller; rather, than
a consumer, of such articles. At the first meeting
under the CommisSio-n, on the 2d of February, -Mr.
Stapleton claimed a debt against the
,Bankrupt,
.ef
which he then exhibited the items, amouniing,
within the year preceding4liebankrupty„ and com-
ing down to within a few days of that event, to
9701. At another meeting, on the 19th of February,
the tad of his (Mr. Stapleton's) having received frog
the Bankrupt a number of articles, immediately.
previous to the bankruptcy, being° discovered,. he ad-
mitted that the articles so received might be of the
valueof 3001. and declined swearing that they were
not worth 4001. Some time afterwards he exhibited
a list. of, these article% amounting, according to the
value put on them by him to 2871. which the Com-
missioners having represented to him, that it would
be impessible for him to retain to the prejudice of
the other Credifors, consistently with any idea he
• might entertain; pf, being Assignee; he agreed, to pay
into the general fund. Having done so, however,
be•reared up .another. ,elaiM against the Bankrupt
Estate, and, was allowed 'finally to prove under the
Commission, to• the amount-of upwards of 13001.
The other Assignee Was Mr. Dupre, father-in-law
to the Bankrupt, who proved a debt to .the amount
of 5501. on a ptdmtssory 'note by the Bankrupt, the'
consideration. for which,. be. alleged, - was cash ad-.
vanced by him to the Bankrppt out of his bureau.
This.story the. Creditors thought themselves intitled
to doubt, Its well as another allegation, that he had
paid with. his own 'money a mortgage over part of
the flapkrupt's -property. to the amount of 4001.
The fad was, 'Mr. Dupre had stipulated to give to
the Bankrupt, with his daughter, a marriage portion
of 8001. of which the 4001. here paid was a part.
There was still another transaction, , which, at the
best, was of a suspicious nature, and entitled to in-.
quiry, namely, that Mr. Dupre alleged that a lease
of a house and other property possessed by him,
standing in the name. of the Bankrupt, was in trust
for his (Mr. Dupre's) behoof, he being a.foreigner,
and little,acqUainted withthe transatting .of besi-
ness. There was one circumstance, on which, pro-
bably, the_Centisel on. the other side might felyi
namely, that some of the Petitiopers.had withdrawn
their names from this Petition. Any, argument
founded on this faeA, however, must little avail
whtn it was explained that this had arisen in
consequence of these
_Creditors . having sold their
debts to „Mr. Stapletpn, or his Attorney, for seven
shidingi in the pound.
' Mr. itictlAtips and Mr. AGAR, for the Assignees,
contended that there, was nothing in the case of •
either which incapacitated them from the office of
Assignees. Mr. Stapleton had at once waived any
intpropet advantage he might be supposed to have
acquired. He was completely unconnealed with
Mr. Dupre, and had offered to undertake the office
along with any other of the creditors, all of whom
had refused to accept along with him. Air. Dupre '
had sworn to hisdebt ; and he also positively denied
that he had stipulated for any marriage portion tobe
paid with his daughter. There was no reason, there-
fore, for alleging that the Assignpes Were connected
together, or would not ,study the interest. of the
creditors in general in any question Which might'
arise. .

The LORD' CHANCELLOR said tiva fat, of-the
debts of. some of the etitioners having been, par-.
chased up, since the etition,_,had been Presented,
could riot prejudice the cause of, the Petitioners, in
general. , It must, however, have this effe6t
authorised hiS Lordship to
.infoy.cp:those Creditors
who had sold their debts to Mr. Stapleton or his At-
torney, for seven shillings-in the pound, that if they
chose,to apply to the Court, they should bd"fotind
entitled to any sum above this composition which
the Bankrupt's etreets might. yield ; . or, if.-tliOse
Creditors did not chuse to,inake such an application,
lie should retain the excess, as a fund payable among
the etliel' Creditors. His Lordship felt IP hesitation
in saying, that the condpa of Mr. Stapleton; .in ad,
mitting,,On the I,9t,hVehruary, that :he could not
sw,-!ar that the articles; received .by.birn•from the
• I.l3Jikrupt did not;:atount to 404., wbile,on the
February he had sworn,to a net debt of nine hundred
and seventy poundsi,odd, afforded such. a suspicion
aef,tist Mr. Stapleton, as, while it did not warrant.
his Lordship in dismissing him from his office, still
induced hitn to leave it with the Creditors, at a ge-
netal meeting to be called ,for the purpose, to decide
for themselves, and w say whether-another assignee
9Pg.4 not to be appointed.
to Mr. Dupre was pretty. similar, He;oould.not
think that either the one. or the other weres the most
fit persons with whom toentrust the.duty of setting
up and resisting the same demands. As to the costs
of this application, his Lordship , was, inclined 'to
think they must: come, out of the estate ; but he de-
lerred the consideration of theM till the Creditors
hats also come to a decision. . .
In a xase where the' 4Signees :required the original
'Solicitor under a Cdtiituission, to-deliver over the
proceedings to a new Solicitor, appointed by, them, ;
but which the original Solicitor -refused tor some
time, to do,

• - The LORD CHANCELLOR found. the original Soli-
citor liable in costs, a Solicitor having no lien on the
proceedings under a cotninission-ofßankitiptcy.

• • 4J
a.
The wastelands in Engl,.nd amount to 6,'2:5 1 l
,f.
acres; in Wales, to 1,6'.49,307'; and in Sdoti,inq, to°
the enormous quantity of 14,218,224 'acres ; "he'
wastes 10 some counties, as in Inverness, Perth, land
Sutherland, being equal to five-sixths Of the whole
superfices.