The Sun.
London, England, 1813-08-12 00:00:00

LAW INTELLIGENCt

COLIITOr Aunt•f!T in.

Burma; VIZ LORI) CitANCI3,I,OI.

Er-parte FI,E.T.CIIRR, .in the. matter of FESMUER,
Ex-parte STAIJToN, in the matter'of FLETCIIER.
Tbege two petitions came on together, and Mr.
WEAR stated, that the .latter was an •application
to 'set aside an order Made on the petition of
Fletcher; that the Commission which lrad-ben
taken out against him should not he proceeded
in ; and fir. Wear stated, that this order was a
Very uncommon one, 'and such as bad never, been
before granted, and Stanton now desired to be
allowed to proceed With the Cotinuissioo.
Sir S. ItomieLy- said, the order did not pre-
vent Stanton proceeding Linda' .the Commission,
but merely prevented the Commissioners puldish-
ing Fletcher's name in the Gazette, if they should
find him a hankrupt. - •
The Loan CITAN&F.L.LOR,saitI, that he very well
recollected making the Order ; and the ground on
which he made it was, that from the .mature of
the debt as disclosed, it did not appear that the
'petitioning creditor could have any proof of it but
his'own oath and he did nut wish to allow: the
name to be put in the Gazette, when it aPpeared'
very improbable, front the nature of it, that
there Was tiny petitioning creditor's debt._ They
might go before the Couttnisioners and prove
the debt.
Mr.: WEAR said, they were nOi.e re4,ly to prove
the debt before liis Lordship, and hoped this un-
'common order would be dischar,;ed.
The Loan CHANCY-LC.OR said, Ile could- iust try
the petitioning creditor's debt :n the first in-
stance ; they must go before COnimis,.,Aivvs, He
Made the order, that he might see. if the Com-
missioners found that there was a good petition-
ing creditor, on what evidence they had founded
: that opinion. He had often made the same kind.'
of orders, and he thought it would he very inju-
rious if he did not use such a discretion, other-
wise aperson, one of those whose
.names he too
frequently saw in bankrupt matters, might sue out
It qoalltilision against one of the wealthiest then
in London, either on a false or fietiti6us debt, and
might, in having his name advertised' in the,Ga-
.
zette,involve him in titter ruin.
Mr. MoNTActla tuctititmed, that on former Oc-
casions his Lordship had made the same orders,
and that in one instance, the person had been
found no(to have been a bankrupt.
The Lone CIIANCELLott said, Stanton might go
ht fore the Commissioners ; and directed him to do
so within a week; or else Fletcher might petition
to have the commisston superseded.

BEFORE .lILS HONOUR IRE VICE CHANCELLOR.
coNTEmpT.- -TnE opyltA tiousE. .

DAVIDSON AND OCCIITRS V. WATERS.

This was an application for an order to commit
the defendant to the Fleet Prison, for not putting
in his examination to personal interrogatories ex-
hibited to him in the Master's Office, to whom,
this cause stands referred, pursuant to a former
order. .

The reference, as grounded on a Bin filed by
the creditors of, the late 'qr.-Francis-Gould, the
former proprietor of theOpept house, against the
defendant of the same concern, executor of the
deceased, prayed an Account of the Assets of the
Testator, and to he paid their dui-nand..
The MA6TEII hail rep‘i.itedly extended the time
of answering, but at length reinsed farther indul-
gence, and granted 4 eertirteate, stating that the
defendant had not put in his examination., On,
the ground of this certificate, the present applica-
tion was made for a Serjeant at Arms to take the
dpientlant into custody.
His HONnutt granted Oa; application condi-
tionally, directing the order to he:put inexecutiott
at the cud of four days, unless the examination be
put in within that interval.
The Motion was granted.