The Sun.
London, England, 1821-02-28 00:00:00

•ANI) GIBBS

Yesterday a Meeting of the Creditors, under
a Commission of Bankruptcy in this case, took
place at Guildhall. The place appointed was the
Lower Irish Chamber, but on the arrival of the
Commissioners it was found so crowded, that an
adjournment to the Court of Common Pleas was
agreed on ; before, however, the persons con-
cerned could approach the Court, that also be-
came, so crowded, that the Commissioners, to
avoid the intensity of the pressure, proceeded to
the Hustings in the Great Hall, where they
opened the proceedings. As soon as this became
known to the' persons who tilled the Court of
Common Pleas, they all rushed forth with an
eagerness that could scarcely have been exceeded
had, they been certain of receiving 20s. in the
pound at the Husting. The Commissioners and
other persons on the Hustings were soon so
pressed by the numbers that surrounded them,
that an adjournment to the Court of Common'
Pleas, which was by this time empty, was agreed
on ; and after much difficulty, the Commissioners,
and persons immediately concerned in the pro-
ceedings, succeeded in making their way to it,
through a crowd that Were evidently as anxious
as they were numerous. Many persons of dis-
tinction were present.
The Commissioners stated., that it was not
thought advisable to proceed to the choice of as-
signees until a greater number of creditors should
have proved their debts, and desired any credi-
tors who were present to proceedwith their proofs.
—Several debts were then proved without any
observations, but on a Mr. Johnson proposing to
prove
,a debt of 701. a considerable discussion
took place.
Mi.. Johnson stated, that the only- evidence he
had of the bankrupts being his debtors was their
own books, by which it appeared that they had
received a dividend of 701. on his account out of
Mr. Wellesley's estate. Mr. Gibbs was applied
to say whether that sum was really due to the
claimant. Ile replied, that having no access to
his books since the commission had issued, he
could not positively answer the question, lint ac-
cording to his recollection, the money had' not
been received for Mr. Johnson, although it might
possibly be placed to his credit in their books.—
He explained this by saying that they frequently
in their books debited the account of a person for
whom they were to pay money, and credited the
'account of a person for whom they were to re-
ceive it, without any actual receipt or payment
.of money having taken place.
The Commissioners, after this explanation,
inquired of Mr. Gibbs, whether lie could by his
books determine the true state of every person's
account with whom he and his partner had m)-
nev transactions?

Mr. Gibbs declared positively that he could.
Mr. Montagu, who was Counsei for the-bank

tea. td teceiving Alt. Johnson's claim
before it ..Itould be ascertained whether the
bankrupts had received the money from Mr.
estate ; he. said this xi; as a question
of vital importance to the -creditors ; it was not
Mr. Johnson's claim for 701. that was to_ he
decided by it, hut claims to the amount of
100,0001.

The Commissioners, after some consultation,
said, Mr. Johnson's claim mast he received, sub-
ject of course to be either contirthed or disproied
by further evidence.
Mr. Montagu stated to the Cornmissiouere§,.
the : several persons entertained doubts of the
validity of the petitioning creditor's claim, and
that it might prevent a great deal of unnecessary
trouble and expense, if he were again and more
particularly examined in proof of hip debt.

The Commissioners said, that the petitioning
creditor had sworn to his debt to issue the corn-
mission ; that they had examined him respecting
it before they had opened the commission, and
again on his proving under it ; and they cer-
tainly would not now call on him to contradict
what he had so repeatedly sworn ; a proceeding
which they conceived would not be strictly com-
patible w all- their duty.
Montagusaid, that if he wereCouns4l. to
the petitioning creditor, he should strongly ad-
vise.him,tc. have it ascertained beyond the.possi-
bility of a doubt whether the claim lie had made.
on the bankrupt's estate was a valid debt, sif
it shouhi turn out at any stage of the proceet/ins
that his claim was not valid, the whole of the
expellees would fall on him. The Learned Gen-
tleman said, he had known a case in which' a
commission hind proceeded so rat' that upwards of
60001. 'expellee had been incurred, after whiClt
it was ascertained that there was in fa`et no debt
due to
_the petitioning creditor,- and he was'ia
consequence obliged to pay the whole e"xpence ;
it was, therefore, very clearly the interest, or th.,
petitioning creditor in this rase to ascertain that
important fact, of which at present much doubt
was entertained in the early 'stage of the pro-
ceeding, and it was also the interest of all the
other creditors, that,, if the present ComMigsion
had issued illegally, it Might be set aside, and an
unexceptionable commission issued. 1f tire Corn*
missioners had any doubt of their •ppvers in ext.,
case, a short. petition could lie presented to -the
Chancellor, by which the. question could be im-
mediately decided.

The Commissioner said, that on theeappoint—
.
meat of Assignees, any inquiry into the claim- of
the petitioning creditor that might,,f;e thought
necessary could take place, but they had thine
all that in the present stage of the pro.ceediligs
was either usual or necessary. .
The'C.ommissioners then appointed March 6th,
13th, and 17th, for receiving proof of
debts ; and March the 9.lth for the choice of
Assignees.