The Sun.
London, England, 1807-08-17 00:00:00

LAIP REPORT.

~ r

COORT OrC:IANCERY, Auc tr.

The Lopn di! ANCEIIIIOt WaS.oo(lOpieil the whole
of this day in .Pclit ions Ott Ba4lllptcy.
EX-PARTE NVATILIIS, THE MATTER Or. STOKES, A
BANKTOJET. •

This was tan appheiat!im on behalf of the Assig-
nees 'of she Bankrupt, ,ti; expunge thy provf of .a
debt of, 4,7001. doe by the Bankroo to ttiwereditor,,
a Mr. Wail, and provcd In him 'Alder the• otninis.
sion, upon the gronndi that this debrarose oui.of a
transaction of cidiceainient and embet zleruen t, made
felony by the Oct of the 3gth of his prefrent,4lthi-
* tv
les . •

It appeared that the Bankrupt had beep the riding
clerk to the Creditor, now claiming this sutra of
money under the Conmission,fromn the year
.1800
to 15905, during which time a vast deal of time Cre-
'ditor's property passed thrOugii 11;s hands: In one
instance it appeared,. that the Bankrupt had appro.,.
priated from to 5001. of the monies' he had reciliv
ed, for a time, to his own use, and in anottler that 'he
had made use of 7001. or *thereabouts ; but 'when
the matter came 'to' be explained, these sums were
allowed in 'account. 'Upon a final settlement, how. 6
ever, it turned out that the Bankrupt Was dr!ficit
about 4,7001. which be had not aceountetlAbr, and
the-items of which.did not appear upon the fice of
his riding book The question therefore was, whe-
ther the ads of the. Bankrupt, touching this. trans-
action with his Creditor, t hen his master, amounted
to a felonious embezzlement.and concealment of the
property of his master, .tinder this At of I'oll4llnel%
so as to avqidtho proof nude, th9Conunisston ?
. Haviug: heard the Counsel on both sides, at great
length,.' the I.oxn Qll4 N Cp.,LoR said, he believed
the persons Who Icinso inixion,lisolicited this
of Parliament were now heartily sorry fOr it, and
wished they ;had never bronght it forward, fOr it
made
.Many 'cases feloniei, when felony was by•no.
means intended, and deprived a party from recover-
ing'ffrat portion of his legal rights, -which he would
otherwise be entitled to. He felt it would be a
very-hard case upon 'this 'Creditor, to eicptufge his
fair demand on the grounds of felonious conceal-
ment ; and he felt. a great oitficulty in saying, the
conduel of the -Bankrupt, one, time explaining and
satisfying his ginplOyer on' the fact cif these sums .1..)6
ing in his hands, and at 400titor, tune the transaojon
PPE appearing in his riding, books, :came sAithip.the
precise meaning of the Act. His Lordsiip thought,
ilia. under, this Ad he must expunge, the debt'. In
the mean time, however, as line had only the report
of the. Commissionrs bplore hint, upon 'the fads,
he direifed that a civil action should he brought, in
which all the parties should be examined, in eider
to dseertjin what sum was adually 'due, under what
peculiar circumstances, and whether the same con-
stituted irdebt under the pressent Commission 1• •

EX•FAIITE PAART IN THE BANKRUPTCY OF WOOD-

WARP.

This was a Petition On the part of Mr. Parry, who
had formerly been Tnco-partnership with'the sank-
ruin, to be admitted to prove under the commission,
in Ole talluwiit circumstances. •
Woodward carried on business at Liverpool, and in
the year 1805, having hills to theamount of 20001. an
upwards to receive from the' frican Company,' he
applied to a person in 'Liindon, of the name of.Cokeito
accomnitglate him withacceptanees to the amount of
11001. as as-eciiiity for which he gave him an order on
fhe-Atrican ccruipany•firr the bills, the property of
Woodward, lying in their hands. Coke wrote a letter
to Wood**, engaging to accept. hills 19 the an kouilt
required, and having produced his order to the
can Company, WoodWard'sbillii' Were'ilelivered over
to him.. Parry, in the mean 'time, and' before. Coke
had accepted the hiils,look.out an attachment from
thin Laird Mayor's'Cuhrt, against' his. partner, WOW-
word,: which he lodged in the hands 9f Coke, %sit();
having applied to Woodward forinstrueliOns, teak de..
sire& pay the amount over to Parry, and not to ac- •
cent the iiiikwlnal presented to him. Ht accordingly.
did so, taking lave,ver a ,hued of indemnity, from
?fury. .When.t he hills drawnr on him by WoodwarB,:
were aftt:r 4 ardtreAeUted tuiion, lie ,!e,:lioed a
jog them, and they vYre.regolarly prute:.ted. first for
non-acceptance, airdacterwards noii-vJyttivoi.
Imnprtuld, bowev.er, that Woudward had., along
with the bills loch;t.t.d with Messrs. Clark aticl Roscoe.
Coke's letter engaging to accelit them. Thek brought
their, 'atlion against' Coe,. and the Coiirt ildld that
ihe' letter' was, a sufficient aCceptance of the Bois;
Coke was c,f Course obliged to pay the money 10 Mr..
Rikoe;. which he atterwardS te6-vered back from
Mr. Parry, Itt these circurnslaneei.Mr.,Parry el aimed
under the Cchninissian taken out apinsi'W,midward;
but the Commissioners.telnsed to allow hint to prove
:Sir 'SAMUEL' 'llO havitig 'stet:et:kW case on,
the part. of the petitioner. • -

Mr. AGE)SAI6ER • argued on the other side, that
Parry. %%744 not bound to.have4ranied the bond of in •
demnity, whiciralone Made it incumbent' onr him
to re-pa'y the awney." He was no creditor at the
time (Attie bankruptcy, and therefore was mit entitled
to prover it. _ ' _ " '

iht! LOUD Cki&NCELLOR held,. .that the money
having: heel paid over to Parryi. under a mistalze;and
he not being entitled 'to keep .it,; lti debt -had•neiee
been p3A,..0f course:that he' a bieditin• of Wood-
warcfs' at.t thud of the Ban!: rtiptcy,.
sentit back to. the Commi4sionvrs with inatructions
tevallo‘w,Mr. Parry- to prate his debt.

gl-rAIITECAMPBELhIN 110,1iANARUPTCY or NEW-

rnr~.'

,• " '

This Was a 'Petition for Mr. Campbell, as Trustee ,
fir the Children of the Bankrupt,' id adMittato
prove a debt of t °OW:. under the Comriii3sion.
The Batikrupti many years Ago, inirrierlMiss
fto-
bina Kennedy, daughter ola Genttertian ofsoinepro-
perty,tiv Scotland, who had granted to his daughter ,
a:boad 'of provision for tooot. and upwards. No
contra6t was entered into previous- to. the marriage,
but tt ;was stipulaie4 verbady,- that, the ..forturce•-of
th*; wife should .be secured to herself and
,children.
Some time after the marriage, and before the Bank-,
rapt had leceived,inore than. tool. of ltis.,wite's for
MAC, he exauted deeds In favour .of the Petiqoner,,
securing tojiis wd awl children fo.tml. since: which.
time it appeared, that the whole provision grahto,l to
her_ by her tither,, to the amount tit, upwardi
(.)i.)l.,wa's paid over to the Bankrupt. Tike.Cs,iin-.
missie - ithrs, hoWever, holtilpg the.: trust-bond in ta-