The Sun.
London, England, 1807-12-25 00:00:00

proving in the regtilar way, end therefore were en-
titled to the privilege they asked. lt did botfol,
low,- however, as a.matter of course, that: the cer'
tificate should ite staid because no dividend had
',wen made. Ninety-nitm certificates 'Out of alum-
dred Were issued before a- .dividend was titade
at the •same time he Would admit itrat the notice.
of a dividend was an important featm'e.to entitle a
:Bankrupt to his certificate It was well knowtrthat
sortie Bankrupts would exert themselves for be.be-
nefit of their creditors as Much .after tr.ey had ob,
tained certificates as behire'r yet there were others,,
where they had obtained their 'cer,tificates, would
let their creditors NEI ift for themselves. Lord THU A'
r.Ow had held-it to he indispensibly necessary; that
notice of a dividend of least should be made,before a
Bankrupt claimt 'his 'certificate, Lord ROVSLYN
was less stria in granting certificates, though in the
.latdperiodiof his sitting in that-Coort he changed his
ppittion upon- the subject, and mgretted his former
.lipsily in that partietrlAr. , llis Lordship said,
.the
• prayer of the PetitiAbers in the '-'case before him
shotild be coMpliedlvith, 'and the Certificate staid
till the Petitionerghad been before the Comthission,
ers.

13tILLOCK, THE ISIT.NKELT:"T:

The Petition, ex parte BuriOck, standing in the
Paper,' it vas Called on as a matter of Sir.
ROARL.i,Y, however, observed, that it was
a PetitiOn front the unfortunate man now under sen-
tence of death ; but as his lA)rdshiP had on *a fOrmer
day intimated his doubt's, whether he could attend to
the prayer of the Petition before the Judges had de-,
dared their opinion upon the Bankrupt's case, and.
as thatjudgenent had not yet transpirckl, he presuitied
his Lordship would not take the case lute considera-
tion at present. .;
The CHAN.CCLLOE replied, that Sir SAMUEL Ra•,
htiLLY had antieipated the bearing of his mind, and
ordered the Petition to stand over till aext.Tenu.

CHANCERY FRCS.

The,,CttANcitt.t.ort; in the COMIC of the proceed-
ings this day, adverted tom order made by_ Lord
ERSKINE for increasing the Fees of Officers belong-
, lug to that Court, and skid he could find no prece-
dent where a Judge, by his rim' voluntary a&, had
made a similar trder with respeet to. costs. At the
same time he did not. mean, to say, the advance was
not a proper one, he-only obje&ed to the irregularity
of the ,vay in,which it was done. The mode, in his
mind, should beJor a Commission to pass the Gr&
Seal, appointing Commissioners, who, in the same
Way as a Jury impannellect to assess damages, should
inquire into the subjeol, and say what rise ought to
take place, ,and.whether the.rise, at present agreed
to, was fit and proper.; This' would give regularity
to the tileaSUre,,anci make it Jegally coma.

COURT O 1 COMMON PLEAS, Drc.
NvILLIA:IS V. NUNN.ANO REYNOLDS. • -
This was anissue etit of the Court of Chancery
ill form of e a
n e ion of trespass, brought by the
L Pleintill, to recovev ti'oto the Defendants a quautriti
of property, of w hiCh they possessed themselves as
petitioning creditors to a commlisioll'of Nat-00-.loex.
is,4oagaiii,t the Plaintitf,' he alledgiog th:tt there
was no petitioieing creditors' debt in existence :It the
tune of the issuing the comtnit:81011, and that no aa
of bankruptey had been con»itted by him.
The enestiOns fig: the consideration of the Jetry
were, whedier the Plaintiffhakcommitted an a& or
bankruptcy at the time of the iSSning, and ealetlwr
there was a goettpetitioOing creditors' debt in exist-
mete
Mr. Serjeant SttFrftnen, as Counsel.fer the'Pe'
fettdants, stated the eitSe' to the Ttie'y as follt;ws :
In the year lone the Plaintiff .entered into partner-
ship with a Mr. Edward Morgan, with whoin he
carried on business jointly in' Noble-street? in this
city; 'They bad dealings. to a large etneunt with
Nessri. Reynolds and 'CO. respe&able warehouse-
men. 'This partnership did not last longer than
frOm the tet of January, 1604, to the nn)ttth Of J -
!Wary, I 805. It was touocl at Christmas, I 804, by
the balance of accounts, 'that Messrs. Morgan and
Williams were indebted to MeSsrs. Reynolds end
CO. in th 6 StllTt 4f:6271. 18s., which sum, in the sue-
, eeeding month, accumulated 301. more. In the
month of January this, pallmership was dissolved,
end the eceutints were settled between the parties.
In the month Februerrnexe l'olldwing they en-
tered into anethee partnership, to carry on business
at Dublin for this purpose Williams went to Dub-
lin, where he set up a warehouse in the name of
Williams and',Co.; while, on the, other hand, the
firm assumed the name in London of Morgan and
Co. Dealings continued to be had' with the house,
'leees. Ileynolds and Co. who were ntiaware
hiseime of the first partner:drip having been dis-
saved, and, permitted them to Wye goods on credit
iieterding'to the Usual conditions.- (oodshad been,
sent over to N.ViHiatus at Mblin to 'the atuoimt 'of.
Ll)!,:re 'than
.1 001. The affairs of becoming,
Me he month of November, rather desperate, he-
came.Over to toidon- for the-purpose-of adjletieee'
matters with his creditors. A meeting of his prin-
cipal.crediterS Nyas appeMted to take :piece on Mon-
day,;, the 14th Noveniber, at the house of Me4sre.,
11qesolds and Co. at Winch tl eeting he, wag to ap..,
pvar„ arid, Omer into some compromise or settlement
of MeeiiiiatrS. Ilowevere on the Menday morning
previou4 tO the day en which the sheeting s to
have. iaken Ace, he reeeieed informatioit froth one
cif his crt.e.lieirN ill the former partnership With Mer-
d,f, a Mr. Clark', ititoth.!r
.of his creditors,
‘v%or,444cvst hint :when he made his aptmu-mice at
tice*iiing. Upon receiving this inforMation, hi
itemetrenely declared hp Wonld riot go to the meet-.
Mg, but Would go hat k.oDeblin, to avoid-the con
sequerices. accordingly took a Flee in the
mintier. Holyhead, anti went back to Dublin, for
the purpose of avoiding liri"l'alifors. This act the
Led scejeent contended to he an WI of bank-
reetcy. would spppose that \Vahan)* had no
residence in this' country; though. that Was not ad..
netted ; yet ,1) had comic tram Ireland, and being
indebted to creditors in' this country, lie heti taken:
that,step which the Statute has,denoininated,an tart' 1
Of, benkreetey, would be gaid, that nu man who
liatinot a t6idence in this cotintry,could he tale
rtiti aeeiy, ,n ail -his. creditors, ,and Ut it by so
rutteing eway, he would not be ..sithjeet to ail ait
temktupecy. But he ecinteptled,
,and he wits sore,
Under lite direa.koll, the Jury WOuldeigree ►