The Sun.
London, England, 1805-11-06 00:00:00

LM' IMPORT.

*:

COURT OF cliANctitt.Y,..Nov-si
EX PARTE MEALING IN TIM O 1 GAMUT.
Mr..TTIONIPSON stated that this was a Petition on
behalf of Mr... Mealing, 'irho was the real and per-
' &anal representative,.,Under a will, of John Garrat,
and it prayed '(‘ what. this commission of Bankrupt
might be et uliersedei at. the espenee,:of Wr. :John
Turner, the petitioning creditor or-Gariat."- The,.
Petition stated a variety of eireunastaneeS; the leading
ones Were, that some time in the month of. February
last Garrat leftlit. George's Stairs to gn bii4rd,the
Nunn, then in the River, and of whieliill'efwa
Captain and part-owner that he had -never since,
been seen ; that several .dead bOdies were,. some time
after Wards, found.at Limehousei.and there was every
reason to believe that he-was droWned, altlibugh his
body was never found: that this vas the opinion of
the Petitioning CreditOr.himse:l; at least he had so
written to the friends of Garrat itr tvvo letters, the
one in March, and the other on the 10th of April ;
rivertheless, he, had ti4tut oV.it this commission
the 20th of that month, ten days after it was be-,
lieved that he was dead,' and believed`by the Peti-
tinning creditorltWas„,tberefOre .
ed, that this was an unnecessary and a Very- im-
: proper Commission of Bankrupt, which might Cop-
, Atine'the estate of Mr,'Garrat (the atnount of Which
was stated to be about 13000 at 'the expence of the,
present Petitioner, who Was. the sole Executor of
Mr. Garrat. That- Garrat owed no other debts B.r.c.'
For these iC;II36iIS the Petition prayed that debts,
of Bankruptmight be sopersededafthe.ex-
pvace of Mr. Turner; the 'Petitioning Credit Or. '
There an affidarif verifying all .ttie cas as,
stated in the Petition.'
Mr. lt ith.v appeared for the Petitioning Cre-
ditor under the Commission, and observed, that he.
had no copy of the affidavit.
. Mr; Ttiont,sox. said; that was no loarto him,. for
that=tlte affidavit was ahnost a liteial copy of the Pe-
tition,
The Loan CuAticr.Liort asked,.whether. the Yeti-
tinning Creditor, would make an affidavit thatthe'
Bankrupt W 33 alive at the time ofsuingout the Com-.:
mission:?

Mri.RomiLLY said, he understood from, lits Chmt,
ttloS6licitor,, there Was no doubt of that fad.

THOMPiOti, said, that the ~suggestion. Cache
fronitt..quarter that was perfedly respettable ; for all
that; ha presumed the Court would require an affidavit
of the fad from the party himself..
.1.141.4u.44/ said, they had no Gpportunity
of answering Allis Petition, it had bey .c, :ierved so
recently.
The LORD CiIANC,Eti.OR said, it was a"very singu-
lar case, for' it seemed that a-Commission of
rupt Lid been, taken out against a th'aci. mare; as
ttiat was the
,allegation of Petition 4. The case
on theother side was, that the Petitioner had pftwod
the will'of It living an,,
Mr...Tnomrsex said, he could hardly think th it
the Petitioning creditor Would venture to swear, that.
this man, now called a lunkrupt, ' was living at the
,j
tiine;of suing out the Come►rsiotf.
Lotin.CJIANCELLOR''--." He has gone that length
alremly, for he could not have obtained the coin-
mission „Without swearing '"'that the bankrupt l". 111
indebted to hint of tool. and upwards; now, if lie's
was dead at,that time,.l think it somewhat danger-
ous to swear that ha was indebted to anybody !"
Tii6„,psow,—, And the ad of bankruptcy
they state is leaving this ship."
Loan enimitt.una---- rt. should ho rather, .
leaving this life.. most extraordinary if the
Man was dead before, it was taken dut,; but they

swear they believe he is alive, I cannot snperLede it
Without having the fad tried. Do you win to have
an opportiinity of making an affidavit on that fa& i"
The SoLterroa said, .no...believod the man was
living, htw had gone on a voyage. ,
Mr. TI-LOMfSOI4- said, that was impossible, for bls
clothes were all now at 'his lodgingi.
Loan elimgclitaitth-,--" Let this T'etition stand
over to the next. day of Petitions, and in the nie;,..o
time
.let all proceedings on the Cominission Le
staid." ..