The Sun.
London, England, 1805-08-23 00:00:00

LAW RI:

COURT OF CHANCERY, AUG. 21.

EX PARTE, SHAW.

This the Petition of the children of J. Shaw,
a&linst whom a Commission of Bankruptcy had
sued, at the suit of Henry Fothergill. Under this
bankruptcy there had been a conveyance of certain
estates surrendered to the said children, and the
object of the application to the Court was to super-
sede the Commission, that the property might be.
restored to them,. •
The •ATTOaNkIIi-GENEsWAL, ;or the Petitioners,
said,„ that in no way could this Bankruptcy be sup-
ported, Shaw. Was no trader, he had committed no
act of Bankruptcy ; and if he were a trader, ,the
effeos had been sold with the view to render them
as unproduaive - as. possible. In the Papers Alr.
Shaw was called a dealer ,and chapman, but it was
no stated in what he dealt ; and the fad was, he
' • lived upon his estate, and did not acquire his live-
lihood by his trade, He had not absented himself
to elude bis Creditors, and had done nothing within
• the terms of the Statute constituting an a& of
Bankruptcy. True it was, that Henry Fothergill
lost at gaming tool. to Shaw, that the latter seized
the cattle of the former,, and that a law-suit was
the consequence. of theindisputes. Henry Fat her-
gill, in revenge, took out a commission against
Shaw, through the means of Joseph Fothergill, an
Attorney, ,Who was his brother ; and his sister,
Elizabeth Fothergill, bought the estates of Shaw at a
Public Auction, CI the sale of which no sufficient
had:'!been given, according u to the prescribed
•
forms ; and the' ifeeessary result of this family
Spiraey-Waii, that' they were sold for half their value.
Abe property was in the neighbourhood of Kirkby
Stephen, . and Within • the manor' of the • Earl of
Thanet.' So important , was the agency of Mrs.
Fothergill considered, that she hastened to the spot of
business a very -short time ;after she had 'fraetured her
leg. •'''

The LORD CHAN r.rat...f`• The 12th of April,
/ 803, is the date of the surrifrider. The judgment
under which the Petitioning, Creditor, claims is not
until Laster .term of the same yettri and that did not
commence until the '27th of April ; sO that the Pe-
titioning Creditor's debt is too late to. serve his pur-
pose. The.ie children are not creditors under the
Commission, and if it be 'bad,',they 'may recover
against all persons in ejeamenr. The aft of bank-
ruptcy is assumed to be the absence a Mr. Shaw
from his dwelling, and yet it is not sworn positively,
it is only 'said by the deponents, that they believed
he did. Let the Petition stand over, with liberty to
amend." ,

EX-PARTE JOSIA3 JACKSON, IN TIIE MATTER OV
FURItONG.

The Petitioner resides in the Island of St. Vincent,
and his claim on the Bankrupt was for the sum of
448/. for a Bill of Exchange. Furlong was made
a Bank.rupt on the Uith of May list, and was charg-
ed in execution for this deht.

Hottis, for the Petitioner, stated the fias
ofthe case, rind that the obje6t of the Petition was,
that Mr. Jackson i;ght. be- permitted to prove, and,
if necessary, to object to the certificate of the Banks-
rttpt: -

;rile LOPII CITANQULLOR.---" There can be no
objcalfru to the proof of your Client's debt, for the
purpose of his taking,the dividends ; bat if the claim
were two or three times as much, it would not en-
able you eikaually to objea to the Certificate. Be-
sides, if you take a Bankrupt in execution, after the
bankruptcy, it is an cle6tion. This is the constant
course of proceeding ; is it not, Mr. Coo Kr.
Mr. CoOKE.—" It was so settled by-my Lord
TMTIALOW."

The Lonn CHANCELLOR"--" If, after the, bank-
iuptey, he charge the Bankrupt in execution, the
Creditor mist lose his debt if the Bankrupt get his
certificate. J Must not overturn all that. has been
done of kite years. Until dividends have bcen de-
clat'ed, you may keep the Bankrupt in exc ett t ion ;
but beyond that point you must not proceed ; there
you must:stop, or make your ele6tiou ; if you tike
him in 'execntion, it is in execution of the debt. I
`will make the order (I.cithout your prejudice) as to
going to the Commissioners to prove the debt; but
1 cannot stay. the certificate."'

Ex-parte ivurr,kom,. IN' VIE MATTER OF urtowN,

The prayer of the Petition ‘'vas, that Thoutas
johnsott, Solicitor, be ordered to pay to ffic.! Peti-
tioner the sum of 1441. and the costs Of this
Mr. Whitacre resided at Manchester : his
claim upon the Bankrupt was nearly 5001. awl
John: on had received the sum stated for the divi-
tlvnds upon
Air, Rom ILLY, for the Petitioner, stated, that his
received a letter
.from his Attorney in the
toltuwing terms:
" It ►on wish me to receive the dividends due on crown's
t',,eurnisiion, it will be necessary you should, send me an

rile order wai sent, and was couched in the 101-
hoWillf! words :
,
it K. ttivasec ..to pa) the dividends due to me., to Mr. Tho.
johtu:ou, who'llv, authority 12 receive the oanie "
ordvr lidt,
to it was addressed, tliviciends to Mr.
Johnricai without stult,uutitotity, had
riot thoottitt, prole account with. the Petitioner,
tlio !low rcatv,, Crtalt the Cobrt., either that
the p:trawnt itti..,llt he made by him or Iry the

vir, Hot,'As, Jro the ./..ignees, admitted, that
thoy ought not to wive paid lhe money wit ont a
v7itten authority ,; but .191nison -having received
the motley,
heloped the mode
order Nvould be de
:kE4ainst him

Mr. Fosnx.ANout, for Mr. Johnson, saki, that
the proper (.:',ur..e hi a ease. of this kind was, to pro-
co%t by atYiion at law. Mr. JOIll/S(J11 might have a
cr05....-derwtad. ngainst this Petitioner, which would
jl.l,:tify hint in A‘ 1011101(1111g the mdney ; bat which
could not now be brousht before the Court. A. N-
thion in bankruptcy WIN not the
.proper mode of
proceeding, which could meet the Justice required.
'The .Lora) CHA NC ELIA)II.---‘ ThiS COUrt 10114
often lona fault with CrediterS for proceeding by
netion 1(w-dividends. This money 44 as, held by
Johnfion for the Creditor, and think the order
illust go as to hit% ref:Trying .the consideration of

LONDON : Printe6 by Rl'
at the SeN.Ol

co3ts. Prior to nny Lord MANstmtn's intimation
that, an anion at law would lie for dividends, no-
body thought it would lie. JoEnson, as a Solicitor,
is the mediuth through which . the money should
proceed to the Creditor, and the- Court has always
in such cases interposed. I would not do this with
resped to a 'third person, but I have done it where
the Solicitor was concealed. Let him pay the nio.
my. in three weeks."

UNTON HAT.L.—Yesterday a very respetiable At-
torney was charged before the Sitting Magistrate
with a breach of the peace, with inter at to, provoke
another Gentleman to fight a duel. la the course
of the enamination it appeared, that the parties were
friends ; that the attorney's afThirs being deranged,
he was persuaded by the complainant to retire
South End, and he would endeavour to settle them.
On Tuesday the wife of the attorney, accompanied
by the complainant, went down to South End to
(consult him, when some disagreement took place,
and on their return they found an execution in the
house, when, at the request of the Lar.ly, the com-
plainant resided in her house all night. On the fol-
lowing morning the attorney came to town, and was
informed that his friend had slept at" his house. In
consequence of this information the former grew
otqrageons, and went to a' chop-house in the neigh-
bourhood, where, producing a pair of horse pistols,
he loaded them, and, threatened to force the com-
plainant to tight him, or he would blow-his brains
out. The m.lster of the chop.house gave information
of this proceeding to, the Magistrates, and tbe aggres-
sor was apprehended. After a long investigation,
which was taken privately, he was committed, his,
friends refusing to bail him.

.Yesterday, at the Police Office, Marlborough-
street, William nitit Was charg;:d with stealing a
gold enamelled 06ff-box, ,with a miniature on the
lid, bearing the insignia 'of a certain order, set in
dianionds. The box in question, which was stated
to be. worth upwards of 200 guineas; been
broken in pieces, and several Parts,were offered in'
barter_ for a gold watch-chain, at the shop. of 'Mr.
Dobree; in Oxford-street, by the Prisoner, on the
15th of August. It immediately struck Mr. D. that
so valuable an iirticle in that condition must be un-
fairly come. by; and he intimated his suspicion to
the Prisoner, Who snatched up part of the pieces
and ran out of the shoo. He Was pursued and taken,
and Foy; an Officer who searched his lodgings, found
the diathonds and the miniature, above described,-in
the fireplace. The Prisoner gave a very inconsistent
account of the possession of the property, and he
. was fully committedfor trial. He was lately a ser-
vant in the family of Lord and 'had lived in
many Noblemen's families before.. The owner of
the property is not yet.tbund.
Jvs7-Ic;r Ro orst ,Go !Mira Lt.—There was a mistake
in our report of yesterday :
.so far front its being the
opinion of the Alderman that the girl,.who'had been
bound to. Mr. Brown, apothecary, had been ill used,
and that the indentures were ordered to be given up.
by the Magistrates, the Alderman was of opinion
that it would be right-to prosecute her. She ac-
Lnowledzed all that Wass aid against her Self.
cit!orge Webb and Richard Russell, conviaed at
the last Assizes for Kent of divers burglaries, were
executed on, Wednesday. on Shooter's-hill ; they
Were escorted from Maidstone to the place of execu-
' thou by a detachment of Cavalry froth Maidstone
Barracks. Their behavionfsince condemnation has
been of the most daring and depraved nature '; So
much so, that Mr. Watson, many years keeper of
the County,,gaol, avers, that he has never before wit
nessed their evil's. They had repeatedly declared
they. would n," die an ignominious death ; and had,
io.far, endeavoured to escape, as to saYI asunder the
ring bolt by which they were chained in the Con-.
demned

The Sheriff of Dumbartonshire, on Monday se'n-
night, on the application of the Commanding Officer
of the Royal Perthshire Militia and the Public Pro-
secutor for the County, granted a warrant to impri-
son Jams Buchanan, 4pprentice to Messrs. Watson
and Artlkur, prhners, at Leven Batik, till liberated in
due course ()flaw, on a charge of perjury, in swear-
ing when attested as a substitute in that Regiment
that he was not 'an apprentice.
Ott Sunday evening, about nine o'clock, a Gentle-
man, on his
,return home to Canterbury, w 10; at-
tempted, to be stopped by a man on foot, between
Littlebourn Wcnkhouse and Woolion Gate, but
escaped being robbed ,by the spirited exertions of
his horse, which, on the ferloW's attempting' to seize
the bridle, sprung from him, -whereby the rider Ot
clear off; on the faet being communicated' to the
keeper of the turnpike-gate on St. Martin's Hill (as
a caution to persons travelling that way), it appeared
two men of suspicious appearancepassed through the
gate, eastward, about eight o'clock the same evening.
A sing-ular display of Pugilism was on Wednes-
day afibrded to a concourse of speEtators in Copeq-
hagen Fields. Two men, of the names of Johnson
and Wignaore, having quarreled on Monday night
at a Public-house in Tottenham-court Road, they
agreed to meet at the above-wentioned spot to de-
cide their differences by a fight. The contest afforded
but little diversion, for the parties were deficient in
skill as well as in Courage, and Johnson was declared
victor in the space of a quarter of an hour, neither.
being hurt. A sec:mid fight took place, which af.
forded high diversion. The wife 'of the conquered
hero seconded her husband, and enraged at his
wearing a 11,1: ;iv frillier, she was determined the
name should not be artina, and she gave a chal-
lenge, to .fuhnson's secoud, a fellow of the name of

Le-iara, which produced the second contest. Sally
set to in fine style, and so knocked about the
head of heropponent, that he had not a shadoi.v, of
chance,. and her strait hits were so forcible, that he
yielded to her superior strength and science after a
contest-of ten minutes. The conqueror immediately
challenged her husband's rival.
A gooseberry, of the green kind, has been thii
seaswi pulled at Port Glasgow, measuring four inches
round the one way, and more than three and three
quarters the other, and weighing three-fourths of an
ounce.
Mr. Br.cutiottANT, of liourne-Place, near Can-
terbury, has sold this season three Merino fleeces,
from sheep bought at His Majesty's sale last r.!ar, at
the very, high price of a guinea per.fieece:

CHAP D BARNS, of No, 4, Martleit.court, ;
cr., No. 112, Strand ;. where //dterliselsento Oni