The Sun.
London, England, 1807-11-10 00:00:00

EX-PARTE 01'1'11 IN THE MATTER OP ROSS.

This was an applicolion on the port:of Smith, a
creditor of the bankrupt's to the amount of 17001.
and who had takt.-nt in• execution subsequent to
the issuing of the Commission, to starthe Bank-
rupt's certificate, and allow the Petitioner to prove
"Ids debt to the effeet of assenting to or dissenting
from the certificate.

case vets *argued at considerable length by
Ittisseoe, on the part of-the'
Petitioner, and by Sir SAtuv.ne NI E.
Cooki,",for thoßankrupt. It was contended by, t
fortnei, that the .commission had been: taken otit
eine* for the purpose. of defrauding the Petitioner
cif Iris just debt.. Sir SAMUEL, 110 MILLY anti
Cooke argited'owthe other. hand, that the Petitioner
had endemoured to obtain an undue prefoence over
the Other crediters, and, i cilint; in that, hail resorted
to this the.hopo of still acootnplishing
the .Objeet lie bad in view,
•, The I..otin CHANCELLOR was of opinion, that if
the Petitioner bad intended to oppose the Bank-
rupt's certificate he; should haVe come forward earlier.
He considered that.the Petitioner was struggling to,
obtain an advantage ..over the other creditorS;
therefore ordered the Petition to. be disniissed .with
cu6ts.

NoVIIINIDER 9.

wHiII.oCKR V, SYDENTim
Immediately after the Lunn CHAS:M.I,OR had
taken' seat,
. Mr. HART addiessed his Lordship, and bco.god
that the farther consideration of the motion wlich
he had the hohour of waking on the first day of
Term, for having the Printer and Publisher of a
weekly newspaper called " The Legal Register,"
committed to pri,son for a contempt of Court, in
mist epresenting iheproceedings in this c:luse, might
be postponed' till Saturday 7'.he Printer of the pa-
per in question, who was the only party at present
complained of,, Seemed desirous of making tAery
atonement iii his lower for the offence tic lrldcom-
milted, by giving tip the ant bur of the publication,
sad he (Mr. Hart) had no objeelion to indulge him
with a tow days for his'porpose.
Mr. BICHARD3, for Griffiths, the printer, said
that the person tor whoa] ht nivared was, in milid
and intcrukai, as innocent of the offence' imputed to
Lini as the child unborn.'
Tim Loan Ora cr,14..0u said, the' Learned Conn-
sel wontd ha'e, great difficulty in convincing him
that a printer etnad'he sopposed innocent, merely
Cott twaltiSe he gave tip the author of an improper publi.
a aion which he had been the means oh dissemi-
natiperbaring his long praftiee lie. had never het
able to bring his mind to believe, that a printer of a
lit e 1 could be itltrOCCllt atild ought to be eseused be-
canse he gate up the author.
Mr. HAUT said, the 'party for whorl-110 appeared
did,not wish to screen any person ittiplicated ; but
rather wished. to have the author than the'printer. .
The I.oen CHANCRLLOR had no objealon to the
motion lying.oyer. Ile had some doubt whether
the publication was a contempt of Conrt. Sv tar,
however, as the' Commissioners were, concerned,
there c'< old be no doubt that, as they a.ted under
the authority of the Court, it they bad conduaed
themselves properly, they were entitled 'to its pro-
teaion.

COURT OF KINC's WESTMINSTER,

3ATURPAY, Nov. 7.

G/13,1i,S r;4 V. PERKIVS ANivoTHF,ne,

Mr. 11-Attuow moved:for new 4o this cause,,
which arose out of the bankrtipiey of Nlessts...Dick-
ensgps, of Itiriniughatn, turntql entikly uptn
the question whether. the Defentiants,, who were,
Country Bankers, at Birniinzliatn, had :3 right to re-
tail, three,nills' of ex change.
Mr. .o,ttiaow, at the- tri..ll, slated . his case and
offered'evi.tienee p...)ve it, hut his,Lordship,
,before
whOitt it was,tried, at..Gnildb;lll, held tee Iti6l. 'Who
insufficient to itnitl..! the Defendants to hold the
bilk, in it.' a verdia was given against theta.
Mr, GA uow now, re-stated the evidence, and
that lib would have beets enabled to prove that the
parties trausatied inishiess, very differently Irolll tits,
London Knitters ; for the Linihion.Bankers, wltt ti
they receive cash Or Bank notes, enter it and give
the customer cre.lit fur it iii his account. Lim when
the customer pays in or Uel),)sits whietA art! On-
due, they enter ibeirtra..; it is called, short, and do
not givo credit upon thc.tu ,tmiess they agree to
rouut thetti, when they charge discontit on the other:
side. In this Cme, the Banker 4 received rash.
Bank bills, and undue paper, .in one stun,. and
placed it to accie int,. the bilk being Cast tuttorqd,
and' ch:irged or attuwed loteri.'st on both sides, of the
account. On all 'Occasions tlity did 16, rejecting
such paper as they disputed; but never writingin
slmrt, as it is called. He thetelo?e ,contended
that these bills so tieliasited pftsscd to OA Bankers as
their property., . ,

I,nriii..A.i.„Ei,itououtitt'said, that 6c:circumstances
in this.eas, did not differ it from au ordinary dry
deposit of money in the hands of the Kaiker. Ju ail
cases the banker cit her takes bilk sit hick were undue,
and doe not carry the anon* c,:upt,.and 'dots
not have them intleirheti by his CLH or he dis.,
counts them and takes his indorsettieut,- which
lades hint to Sue afterwards upon that bill. bott
rases he has Al lien upon the bins only for-so-nitwit
*4 is aftetwatds chawn.tilr by the cnstorner.--Rule
rettlced,