The Sun.
London, England, 1825-08-19 00:00:00

v.
•

was introdue.ll. 'Lao the lidi, ru ra,oar w .11r. Gmlins and Mr.
Portman ; but in order more completely to provide against
similar contingencies in the'execution of the work, a supple-
mentary Bill was
"resolved on, by which all such objections
would be done away. The object of the Comtnittee, in short,
was to conciliate all parties, to confirm such as entertained
doubts rut the subject, and above all to have the Canal cut in a
line wholly unobjectionable. Having said thus much, he should
now mereley read a list of names that had been put into his
hands, as eligible for the important office of Directors.
The CHAIRMAN then' proceeded to read over the names of
:fifteen Gentlemen, and
• . Mr. S. BOS*NO,UET rose to put them in nominatitmrwhen
Mr. BetooKE said it was very desirable to ascertain if those
Gentlemen had consented to accept the office.
The Cmtx Amax replied, he had reAson to know that they
were by no means disinclined to act. The two first on the list
Wen well qualified for Directors, haring consilcrable property
on the line, and a great influence in• the country generally—
these were Sir Ale*ander Baring, Bart. M.P. for 'l7aunton,
.tid-John Bent, Esq. M.P. for Totness.
Sir. P. JEFFKEYS wished to know if Mr. Pemberton /tad
been asked to accept-the office. No Gentleman was more com-
petent for a director of such a concern, as, inlependently of his
general information, he possessed a greater local knOwledge of
the country perhaps than any other persrrn, and was besides a
great coal-owner, both 'at.Nticastle-and in '
The Cita-I'9l4am said, he-believed Mr. Pemberton was "not
inclined, to take an active part in the concern, as he .was going
to reside chiefly in Wales. •
Another Gentlemen ~)served, that if Mr. Rothschild would
take a place at the Board, he was sure the concern would be
much benefited.

The Citarristax deemed that impracticable, owing to Mr.
nothschild's residing almost continually in France, and ho-
norary Members Could be of very little Service.
Mr. BOSAICQUET conceived that tlief could not properly
elect any gentleman, without some specific assurance, from the
person nominating that such gentleman was disposed to act
in fact it was a kind of. impertinent interference with his time
to elect him to an office that would perhaps be very laborious,
-without previously obtaining his consent.
On the name of the Rev. Dr.- Palmer being put,
Mr. JEFritrirs objected to the Rev. Gentleman being
elected ; and the ground of such objection, he said, was not any
personal disesteem .he entertained for Dr. Palmer, but was
founded on the law of the land : he did not think it right that
clergymen should interfere in secular mattera, and he was
strengthened in that opinion by daily experience. To con-
vince the Meeting that he did not advance this objection with-
out sufficient and indisputable authority, he begged leave to
read the following extract from Burn's Ecclesiastical Law,
vol. 3, p. 194-5.
" Whereas, it is unbecoming for clergymen employed in
heavenly offices to minister in secular affairs; we think it sor-
did and base that certain clerks, greedily pursuing earthly gains
and temporal jurisdiction, do receive secular jurisdiction from
laymen, so as to be named justices and to become ministers of
justice, which they cannot administer without injury to the
canonical dispensations and to the clerical order ; we desiring
to extirpate this horrid vice, do strictly enjoin all rectors of
church's, and perpetual vicars, and 'all others whatsoever con-
stituted in the order of priesthood, that they receive no secular
jurisdiction from a secular person, or presume to exercise the
same; and if they do, they shall relinquish the same within
the space of two months, and never resume it: and whosoever
shall attempt any thing contrary to the premises, shall be ipso
facto suspended from his office and benefice;, and if be shall
intrude into his office or befice during such suspension, he shall
not escape canonical vengeance, which shall not be relaxed un-
til he shall have have made satisfaction at the discretion of his
diocesan, and taken an oath that he will not do the like again,
saving the privileges of our Lord the King in his behalf."
(A burst of laughter followed the reading of this extract.)
Mr. JEFF REYS said gentlemen might smile, but still they
could not alter the law of the land.

Mr. BOSANQIJET declared, that he never heard any thing.sO
preposterous in his life. In many parts of the country it was
absolutely necessary that Clergymen should be in the CoMmis-
sion of the Peace. The interest, the happiness, the social com-
fort, the well-being of 'society demanded that they should on
some occasions be empowered to wield the rod of justice ; and if
such an enactment as that now read was suffered to remain on
the statute books it must be confessed. indeed, that it needed
reviAon most 'sadly.
Mr. JEFF nEYS contended, that such was the law however,
and so long as that law wasunrepealed, every such appointment
of a person in holy orders to any secular office was illegal.
Mr. PITT observed, this was not a court to try such a ques-
tion. The Ecclesiastical Court was the only competent tribunal.
The CIIAIRMAN regretted much to hear such an objection
raised. If the law alluded to was still in force, he was much
surprised ; tint that it was eternally violated every one was
well aware. It was framed at a period' when things, no doubt,
were differently managed ; and when the meeting remember-
ed that his late Majesty, in defiance of this antiquated enact-
ment of one of his ancestors, had thought proper to invest Dr.
Palmer with the Commission of the Peace, he (the Chairman)
did not think the subscribers to the-Ship Canal would be very
culpable in following so illustrious a precedent, by electing him
as a director.

r. JEFFREY said, he could cite several authorities in
support of his assertion—the case of the Rev. Dr. Jaffe for one.
Here several gentlemen spoke to order; and amidst loud
cries of " Question," the. remainder of Mr. Jeffrey's observa-
tions were lost.
The CHAIRMAN. on announcing the name of the Rev. Mr.
Nappe, observed, that the same objection might be started, and
if attended to, the Proprietors would, as in the case of the Rev.
Dr. Palmer, be deprived of the most extensive and useful in-
formation.

The 11ev. Mr. NAPPE said, that in accepting the office, he
trusted he wan actuated by better motives than those which the
extract from the Ecclesiastical Law of Burn adverted to in
terms of just reprobation. From the long residence of his fa-
ther in that part of the country through which the Canal was
proposed to pass, he certainly might be entitled to further the
object; and although religious matters claimed the paramount
attention of a clergyman, yet he did not think that the clerical
order would be dishonoured by promoting the arts, sciences',
manufactuees, and commerce of the country, as far as corn-
patible with clerical duty. But, in the present instance, there
was a still stronger claim impressed on his mind—that of hu-
manity.
From what he knew of the coast, he was convinced
that this Canal would be the means of saving human life to a
great extent, and on this principl?, if on no other, it should al-
ways have his warrn,:st support.—( Hear, hear !)
The nomination then went on uninterruptedly until the last
of the 15 gentlemen had been called over, which was that of a
Mr. Macmorris, which was objected to by' Mr. Patterson, as
being almost wholly unknown to the majority of the subscribers.
Mr. JEFFREY proposed Mr. Pemberton instead, and a
ballot was demanded.
The glasses were being prepared when Mr. Frampton pro-
duced a note from Sir Thomas Lethbridge, expressing his
readiness to act if elected a Director.
The CHAIRMAN said there could not possibly he any person
more competent than Sir Thomas Lethbridge, but in fact he
was not eligible, inasmuch as his 'subscription way not paid up,
and the reason of that it might be necessary to explain. When
the Bill came before Parliament some allusion had been made.
as to the impropriety of Members taking part in the discussion'
of a question wherein they were personally interested, and from
that circumstance Sir T. Lethbridge,.with a very honourable
feeling, no doubt, was induced to strike his name off the sub •
scription list • at all events until the Canal Bill had gone
through the douse of Commons.
Mr. I,ll.scsionnis then came forward, and said, that as he
had embarked 8,7001. in the concern, .he had certainly a right
to be anxious about it. But so confulent was he in the ability
of Sir T, Lethbridge to promote the measure that he would, if
now elected, most joyfully resign in Sir Thomas's favour,
whenever that Gentleman shotjd think proper to qualify for the
office of Director.
This pledge was accepted by Mr. Jeffrey, and Mr. Mac-
morris was duly elected.
Some conversation then took place as to the mode of remu-
nerating the Directors for their trouble.
Mr. BrtocurE suggested the propriety' of alloting a specific
sum for each meeting, in place of allowing each Director...l fixed
sum, whether he attended or pot.
.t .
Mr. PAT TERSON thought, at this stage of the business, tnat
instead of paying Directors for attending, a penalty should be
levied for not attending.
The CHAIRMAN said, that, so far as he was concerned, lie
should consider it merely a gratuitous service ; and that until
the whole of the money was subscribed, he would never consent
to a call bring made.—(Hear, hear!)
Several resolutions were then rassed, and the Meeting was
dissolved.

SEVENiEri'CE.

141:TFER 'FROM LONDON
BY A UNITED STATESMAN TO BIS FRIEND

IN NEW YORK.

Liverpool is a beautiful town.—The docks arft
wonderful indeed,- particularly the iiew dock.
The approach to Liverpool is hazardous ie the
extreme ; they want the Bay of New Yerk•
The Exchange in this town- surpasses that of, any
in Europe. Whaa astonished me most was the
immense size of the cart horses, their carts, and.
the toads they draw. The cart itself, I think,.
weighs more than a New York cart, horse, hogs-
head of sugar, and the cartman in the bargain ;„
fled on one of these ponderous
,vehicles I counted
twenty-six bales of cotton, d-rawn by two horses
with great ease. The people look very much
like Newjorkers, and are quite sociable. Their
living is twice the price of living in New York,.
and-what Pilate above ell things is, after having
paid the landlord double fare, one is obliged to-
pay the servants—for transient persons the rule
is nine-pence a-day for the head water, six-
pence a-day for the cham4jer-maid, and,
three-pence a-day for boots, as he is termed.
Then come the coaches—the fare, outside„
from Liverpool to Birmingham, is one pound
two; then comes the guard, he must have his
shilling for such a distance, and the coachman.
must have his—if the guards or coachmen are
changed, you must pay the new, ones. Servants
pay their masters large sures of money, in some-
cases, to wait upon gentlemen in the public-
houses, and they must be remunerated by pas-
sengers. Coachmen, guards, and all indeed liver
not from wages, but from gratuitous presents
and one is bound to comply with their custom.—
Oxford is a beautiful city. The colleges, some
of which were built in the thirteenth century,,
have rather an old look, somewhat wrinkled and
furrowed, but gothic and magnificent ire the-
highest degree. Indeed, as the colleges are scat-
tered all over the city, it appears as though there
were no other buildings there: between 4 and
5000 students at present are at th:, ancient place
of learning. Nothing pleased me better than a
visit to the house in which Shakspeare was born,
in Stratford-upon-Avon.- The coachman gave us'
half an hour for dinner at this town,
,and
although quite hungry, I postponed the dinner.
to pay a visit to the birth-place of the cerebrated
poet. The house is en the main street, the lower
part occupied as a butcher's shop. It is a miser-
able looking place, very narrow and low, and
rough enough for a stable. The room iu which
Shakspeare was born is about 14 or 15 feet
square, low ceiling, and built as though it was
• intended the house should last for ever, as most
of the English houses are built. I found the
walls, sides, and over head, written so full of.
names, that it was quite difficult to find- a space
sufficiently large to put down mine. On passing;
through the butcher's shop (he occupies the first
story) I looked sharply at -his meats, for there
seemed to be music in the very bones of the joints-
For ten miles before you- get to Birmingham, the
coal smoke suffocates one. I have often heard
of their inventions for consuming their own
smoke in England—they must mean by the
inhabitants, for each one appeared to me as
though he had been assisting in the consumption.
I am delighted with the appearance of the com-
try. All England is like a flower-garden—in..
deed it is so highly cultieated and so beautifal,
that one gets almost fatigued with seeing such a
continued sameness of beautiful fields and hedge
fences. Above all, nothing can compare with
the neatness of the English cottages. They look,
so neat, and are enlived in their appearance by
such a profusion of flowers, which are to be seen
in every window, as well as in their gardens
and then, too, the smiling and healthy counte-
nances of the cottager and his.family, with cheeks
as red as the rose, and eyes as Wight as a new
sovereign—one has little time for any thing but
admiration at such scenes as these. Englund was
never so prosperous as at the present moment,
and the most perfect good will, and most friend-
ly feeling exists towards America. The peo-
ple speak of Our country with admiration, and
, 'so far I have found them agreeable and sociable
to such a degree, that a blush is constantly put
upon American manners. 1 was not very much
surprised at any thing I had seem until I had
reached London. I entered this world of a me-
tropolis at Hyde Park corner, the fashionable
and west end of the town. To describe to you
my feelings I ceenot.. It was at the moment
when all the fashionables and nobles and gentry
were in modal). It appeared to me that what. I
saw was magic—that the whole world had met in
a single street—thousands of carriages, with Ser..,
vants in splendid gold and silver livery, elegantly
dressed with white coats, red plush breeches,
buckles in their shoes, cocked hats laced with,
gold and silver, two servants behind a carriage,
with staffs in their hands—then the beautiful
horses and the glittering harnesses—these car-
riages were coming from the various streets
towards the main street, and add to these a thou-
sand vehicles of different descriptions, men on
horseback, and the great mass of foot passengers
—my conscience ! what did I expect but that
every moment a trethendous rush would be made,
and horses and carriages ana people all he dashed
to atoms—yet they passed each other like magic
without apparently a touch, although the, space
through which a carriage,would pass, or a heavy
-waggon with sik horses tandem, appeared to be-
not half large enough for a, •wheel-barrow.—
,-.,
(New York Paper.)

LONG ETTT Y.-Mr. COTTON, of Teigranouth,
is now in his 404th year, and has never_,Oxpe—
deuced a day's illness.

FRENCH PAPERS.

(From the Etoile; dated Wednesday,-August 17.)

ROUEN, AUG• 13.

fhe new arrangement concluded with St. Do-
mingo has been received by the merchants 0;
Rouen with all the interest that its importance
requires. By the care of M. le Chevalier Severs,
Commissary of the Navy in this port, it was
posted up early in the morning all over the city,
and proclaimed in the Linen-Call, where it was
read with the most lively satisfaction. Several
of the dealers immediately began•to engage with
the.:merchants of the colony for the purchase of
articles adapted to its consumption.
The happy influence which this event will have
oti our manufactures is already felt, and business
has become, in a sensible degree, more brisk.
Every thing promises the speedy renewal of the
•direct commercial intercourse which formerly
existed between the port of Rouen and St. Po-
•rningo.

C lIENT, AUG. 4.

. The Curls of five parishes of Ghent spoke with
energy on Sunday, the Ist of .July, in their re-
;spective churches, against the propagation of the
~bad books .whiEh inundate the- country, and
'against the licentiousness of the press-which en-
•courages their publication, and by the extracts
from these books with which it fills the journals
.devoted to the anti-religious and anti-social fac-
tion, places within the reach of the less enlight-
'cued classes, who are consequently the least ca-
Table of distinguishing good doctrines from those
which are dangerous and criminal, works which,
-on account of their price, and the time it would
-require to read them, would remain unknown to
those classes. In short, those generous ecclesias-
tics, moved with a holy indignation at the sight of
the evils which such licentiousness may produce,
-and at the criminal avidity of certain booksellers,
-who, in shameful speculations, tending. to dissolve
-among the people all the bonds of religious and
-civil morality, see, or pretend to See, only the ho-
nourable exercise of legitimate trade, resolved with
common consent to name the individual. Among
-the booksellers of Ghent, an exiled member of
-the Convention has been one of the first in 13e1-
glum to make himself the echo of all the calum-,
nies hawked against the Catholic 'religion. It
.seems that the salutary hint received by this
bookseller, incapable in fact of acting by him-
self, will not be thrown away ; for it is believed
-that he has lately refused to insert in his Paper
-(as it had been sent to him by the agent of the
Anti-Christian faction) a review of the famous
Life of Scipio Ricci,. which is now become the la
-haturn of that faction—a work which is so indif-
lerent in a literary point of view, that it is hardly
possible to read it through ; the style is fre-
quently not French, and its whole merit consists
in the scandal of some quotations, which excite
less curiosity than horror and disgust.
PARIS, AUGUST 16:
They write from Rouen that no fresh-disturb-
ance has broken out in the valley of Deville,
since. the disorders of the 6th and Bth inst. An
attempt however was made by some incendiaries
.on•Thursdu evening, at ten o'clock, to fire a
small house belonging to Monsieur La Vavasseur,
situated near the buildings of this- manufacturer,
and adjoining the stables of the post of gendar-
merie which has been established at Iloulme
since the insurrection of the workmen. Two
gendarmes fortunately arrived in' time to,pull off
the burning thatch, into which the fire had !Seen
inserted in a piece of cotton. Attempts are mak-
ing to discover the author of this criminal enter-
past. Justice pursues with activity. the promoters
of these troubles. They are all known, and none
of them will escape the severity of the laws.
The dispatch relative to-the arrangement con-
cluded with St. Domingo was read on the stage
of the Boideaux Theatre on the 11th instant, by
-order of the -Prefect. It was received amidst
cries of " Vive le Roi

LA.WANTELLIGENCE..

COURT OF CIIANtgRY, AUG. 18.
t-PARTE 13*AXTER, IN R 7 MARSH, STRACEY, FAUNTLX-

ROY, AND CO., BANERUPTS.
The argument in this case was resumed this morning, and
extended to a great length. The facts and points in question
were simply these: —Mr. Charles Woodcock entered into a
,contract with die petitioner, .111 r. William 13axter,hy which
the latter covenanted to build a house in Park-creseent•for Mr.
Wood:welt, who, en his part, deposited the money in question
(-5,050/.) in the house of Marsh and Co., who were made gun-
rantee3 for the performance of the cone.act of Baxter,-to whom
they were in the habit of advancing occasional sums, at ,5 per
cent., with half-yearly rests. It was alleged 'by Mr. Baxter
.that the 5,050/. was paid into the hands of two of the partners
eaf the house (Messrs. Stracey and Graham); but an affidavit
of the well-known Henry Fauntlerey stated that the whole firm
were guarantees. Before the-house was completed (whi.:ll was
not until subsequent to the time stipulated in the deed of con-
tract), Mr. Woodcack took possession of it, and directed altera-
tions of the plan contracted for. His affidavit spewed that he
considered Mr. Baxter the owner of the money. The latter,
however, continued his habit of borrowingemoney from Marsh
and Cu. to the extent of j5,0001., which, it was alleged, he
'would. not have done, had he considered. the money too-be his,
,before the completion of the house, ar.id its legal transfer by
deed of asslinment to Mr. Woodcock.
The LORD CLIANCELLoR was in-opinion, that if the peti-
tiOner could not claim a seteefl'againat-the four, he could not
against the two partners: The question as to the ownership of
the money would have been clearly decided by the indenture of
contract. His Lordship here went through the obligations of
the instrument, in doing which he stated he should construe
:the :tames of Stracey and Graham as meaning Marsh and Co.
The contract stipulated that the building should be completed
before the Ist of.ltine, 1823, under penalty of 10i. per week to
be paid by Baxter ; and the manner in which it -was to be
finished was specifically set forth in the schedule. Mr. Wood-
cock had, however, prematur.4 entered upon. possession, and'
taken the management from Mr. Baxter (contrary to cave-
nant),• and directed the.building to be finished in a way dif-
ferent from stipulation. When the money was paid into the
firm, it would have been :lifficult to say, in bankreptcy, whe-
titer it was Baiter's or Woodcock's, bad a bankruptcy then
occurred. If the contract was to decide, Baxter was not a
creditor of Marsh and Co. But this scented no; to be the
real question, which was this—what was the Lille of decision
after the covenant had been broken ? If a man was foolish
enough, after making a.contract with the builder, to alter it, be
raised a new one. It was a qtre;.tion, therefore, whether the
*lterations, which virtually rescinded the contract, left the same
qualification as- to time. .His -Lordship 'had -no difficulty in
saying, that the variations affected the period ; and if a bill had
been filed by Baxter beforetlie bankruptcy, the bankers might
have been restrained from, parting with the money otherwise
than to Baxter directed, Mr. Woodcock took from Mr. Baxter
the power of managenieht which enabled him to execute his
part of the contract. Taking the whole of the transactions ~tog-
ether, his Lordship wat‘ of opinion, that if the money was not
the petitioner's previous to the bankruptcy ' by law, he had a
right to it in equity; and if his Lordship's judgment was not
varied before Mondak morning, it was to be understood that the
petitioner had at right to set off:
'• Some remarks fell from his Lordship (good hurnouredly ex-
pressed) which seemed to imply that more was said by counsel
in this cause than was necessary. - Mr. Montagu, in the midst

of some details respecting the house referred to, was inter;
rupted by
The LORD CHANCELLOR, who observed—" Mr. Montagu,
you build your house with so many stories, that I am afraid I
shall not reach the top; I can get to the bottom of it, I think."
Mr. MONTAGU—" No matter, my Lord, if it falls, so that
I overwhelm my Learned Friends on the other side in the
ruins."

Subsequently the same Learned Gentleman observed, that he
minded none of the remarks thrown out by Mr. Horne : they
entered one ear, and went out of the other.

The LORD 6LtaNcELL6II--" Allow me to say, That they
stop a little while on their passage at the tongue, and set it
talking." ,

EX-PARTE B9LLAND, IN 11,E MARSH AND CO.
This was an application to the Court to authoriSe the assig,
nees to .make, a dividend . among the creditors, excluding the
Bank of England, whose claims were disallowed by the Com-
missioners, wko had, however, reserved a fund sufficient to
answer those ,dairnS. When tbis application was first made,
his Lordship directed the Commissioners to report the amount
of the assets, and the extent of the claims of the Bank.
Mr. MONTAGU now stated, that from the report of the
Commissioners, it appeared that after the dividend of Os. V.
in the pound was paid to the creditors who had proved their
debts, there would remain a surplus of 176,983/. which was
double the amount of the same rate of dividend upon the
Bank claims of 250,0001.
Mr. HORNE appeared for the Bank of England. They (Ili
not desire to prevent the dividend being made provided his
Lordship could secure the residuary fund from being broken in
upon hereafter. Great doubts, however, existed as to the tan-
gibility of this fund. The private estate of Mr. R. C. Marsh
was represented at 30,000/. ; but his dive amounted to 70,0001.
—Another part of the assets was a sum of 20,0001., due from a
person named Thomas, who was equally insolvent. It was
important that the Bank should know the grounds of the Corn,
missioners' calculations, and be assured of, the security of tie
fund.

The LORD CHANCELLOR observed, that the object of the
Court in calling -for the Commissioners' report was to see if it
satisfied the Bank of England. His Lordship could not decide
las to the grounds of the report.
Mr. PHILLIAIORE stated, that the report shewed that the
assets of cash in had amounted to 67,4221.; and the dividends
to be paid, to 92,4001. The balance was to be furnished by
sale of real estates. Then the Bank would have to look to the
repayment of cash-balances due from, persong who had ewer-
drawn their accounts, and who -from That citcumstance, were
not likely to be prompt in payment. Why had not the as-
signees got in these cash balances, which amounted to 77,000/. ?
There were several items of debts assumed at less than their
real amount, leaving a deficiency of 60,0001.• The rest of the
assets consisted of bonds and mortgages.
Mr. BIoNTAGU, in reply, stated that the Commissioners
knew that the sums which they had assumed as the value of
the debts were recoverable. The sum of 33,3231. had been pro-
duced by the sale of houses and real property ; it had not yet
been paid, but would be in a few days. The other debts were
due upon securities which were available property.
The LORD CHANCELLOR observed, that when the Bank of
England said they were not satisfied with the securities, he
conceived they understood the matter better than his Lordship.
When they were satisfied., the matter might be mentioned again
to his Lordship, who would not be out the way, and he would
then make the order.
EX-PARTE HUME AND ANOTHER, IN RE MARSH AND CO.
This petition related to a matter Connected with the forgeries
of Henry Fauntleroy. It came before the Court upon an ap-
peal from an order of the Vice-Chancellor, who had directed
an issue to try the question in a Court cf Law. The realpeti-
tioners are supposed to be the Bank of England.
Mr. HORNE stated, that Messrs. flume and Goodchild, the
petitioners, tvere joint trustees with Henry Fauntleroy, under
a deed of settlement executed by the late Colonel 'kills.—
Fauntleroy had transferred the fund' by forgery, but had car-
ried to the trust account, in the books of the firm, sums cor-
responding in amount to the dividends on the stock. It was
1 con.ended, that the stock being sold out, the trustees could not
prove as creditors of the estate; that the sums accounted for
were not the identical dividends ; and that in fact no monies
whatever were carried to account. The firm was, however,
responsible ; the house of Marsh and Co. had permitted Faun=
tleroy to transact their business in the city; he paid into the
house of Martin and Co., to the credit of the house in Berners-
street, the money he realized by his forgeries.
,How could the
firm say that, under these circumstances, the act of accounting
for the dividends was that, of one partner only ? The books
were satisfactory evidence of the petitioners' case, who wea
entitled, to.prove to the extent of 1,1771. with the other creditors.
Mr. TURNEC, on the same side; maintained that it would
be productive of great mischief in money transactions, if the
assignees were allowed to • defeat. the petitioners' claims., He
cited the case of " ex parte Skerratt in re Lewitt," 2 Rose,
384, which related to a debt of an employee in a banking,
house, who, being a son of one of the partners had credit given
him in the books, occasionally; by his father, for sums of
money. The Lord Chanceller decided that the
.credit was
equivalent to money, and' that the party might havealrawn to
the amount of it by check. •
'Mr. WHITMARSH, for the cestuy que trust, remarked, that
from the pass-books it appeared that the system of the bankers
respecting the dividends accruing from the stock had been the
same before as after the fraudulent transfer.

Mr. MoNTAG tr, for the assignees, contended, that the Vice-
Chancellor, whose knowle.lge Of the nature of accounts was of
a superior kind, had come to a just .conclusion. The books had
been appealed. to.; they were in court, and would show that no
money had been paid into the banking-house on account of the
trust. The entries µ•ere falsely made by Fauntleroy, without
the privity of his partners. These entries had been.so dexterously
contrived, that he (Mr. Montagu) had the authority of an emi-
nent accountant (Mr. Wilkinson) for saying, that if he hat: ex-
amined the books before the bankruptcy, he should not have
discovered the decerni9n..

Mr. PE pYs follo.wed shortly on the same side.
Mr. HORNE, in reply, contended that it was impossible to
believe that the partners were ignorant of the transactions in
this case. The•deed of settlement was ekemted in 1820, the
transfer of the stock took place in October of that year; and
Colonel Bellis died- in January, 1824. During the interval,
was it pretended that the bankers never looked into their ac-
counts, although Colonel Bellis kept money at their house;
and his draughts were paid upon the credit t&the sumsreceived
as dividends? Mankind were not safe, if bankers could pro-
tect themselves, and cheat their customers, by pretsmding that
such transactions could .go on without their knowledge. The
books were said to be false; but they were muniments; the
Court and the Commissioners- to,a certain extent,liad nothing
else to trust to ; there might be money secreted in the pockets
of these bankers. Although no positive evidence proved the
payment of the money into the house, the acts of the partners
would have enabled the petitioners to recover, if no bank-
ruptcy had taken place. If no money had really been paid, all
the partners were guilty of a fraud. There must have been
money to catty on the concern ; if the other partners knew liey
twought none, and allowed Fauntleroy to manage the .business
exclusively, they were responsible.

•LORD CHANCELLOR—My practice is, to' decide, in
i'tle-se cases, without sending the question to a Court of law ;
but there are some cases in which it is the duty of, this Court
to send the question to a Jury ; this I think, is ore of them—..
I have no doubt as to the-way, in which I. should, charge a Jury
in this case, if I. were Judge. Where there has been such neg.
ligence on the part of bankers, or one of them, as to make the
confidence of their customers a source of injury, I cannot go
to the length of saring that they may allege they knew no-
thing of the transactions. 1 will not, however, decide this.—
The present is a question of great importance to the commer-
cial world, both in respect to the state of the boobs, and with
regard to the-propriety of admitting the evidence of the part-
ners. It ought to be settled in a more authoritative way than
by me, or by any single judge. I must therefore confirm the
decision of the Vice-Chancellor. The issue should be so or-
dered that the trial may bein Lon:lon, and before a jury of
merchants ; and the books and papers be delivered to the Mas-
ter, and be produced upon the trial. I think it would be wrong
for me to give any opinion, lest I should prejudice the case.