Star.
London, England, 1808-01-13 00:00:00

LAtr fArrILLIGEAE.

COURT OP CHAIICERY, JAN.II, 18611.

-- -
Et PARTE NOAKES AND'CO. RI TER NATTER OP 15AYEE.
Sinclair and Bayne, and Bayne and Anderson, tra-
ded between Surinam-and London, the one house
being settled at the former, and the other at the latter
place. Consignments between these houses had been
made to the amount of 15,600 L for which remittan•
ces had been returned to the extent of 14,4001.--
Both these mercantile firms had failed ; and the ques-
tion arose between the separate creditors of each,
whether the difference or. account should go to the
establishment at Surinam, or the dividend upon it? or
whether such amount should be apportioned among
the creditors of the one, in priority to, any such settle-
ment.
The LORD CHANCELLOR, after Sir Samuel Romil
and Messrs. Leech and Cooke had been heard,ssad,
that if the Surinam and London houses were to be
considered as the same persons, as being in partner-
ship, he did not recollect any case in which, under
such circumstances, the houses could be creditors of
each other, they being debtors to all and each of the
mutual creditors. If one or more of the partners
should not be interested in both houses, the ques-
tion would be varied. After commenting on the la*
and equity of partnerships in such caes, his Lordship
concluded with directing an inquiry, 1. What was the
state of the account between the two houses? 2.
What was the particular account on which the remit-
tances were made ?

EX PARTE STEPHENSON IN THE MATTER OF SELLON.
The bankrupt Andrew Sellon, on the 26th March,
1807, had signed a bond and warrant of attorney un-
der which execution had been taken by the Sheriff,
and the following month a commission issued against
him. Under this proceeding effects were seized to
the amount of 79361. The bankrupt had passed his
last examination, and had obtained his certificate.—
This application to the Court was, that his Lordship
would interpose his authority, to compel the bank-
rupt to attend the Commissioners to undergo exami-
nation as to the validity of the debt, and the regular
rity of the proceedings in respect of this warrant of
attorney.
Sir SAMUEL ROMILLY and Mr. CooKr, particularly
the latter, entered into a long and elaborate argument
to shew, that, both under the construction of the sta-
tute of James, and of the sth Geo. 11. c. 30. a bank-
rupt was liable to be committed for non-attendance
in such cases, under the authority of the Court, in
fulfilment of the purposes of those Acts. They like-
wise cited the opinion of Lord Hardwicke, and in
more modern times a case from 2 81. Rep. 189, and
a dictum of Lord Kenyon in Arden and Flower, (8
Term Rep. 534.)
Messrs. RICHAIWS and LUPPELI, insisted, that the
statutes mere silent. as to anysuch compulsion, after the
third or final examination, and that no case could be
adduced where the Court had ventured to supply the
deficiency by its own authority, and they presumed
that in the absence of all precedent his Lordship
would not exeicise the jurisdiction required.
The LORD CHANCELLOR said, that this was an im-
portant question. If there did not exist a power in
the Great Seal to enable the Creditors sccceccfully to
demand an exposition of the affairs of the bankrupt,
after what was called the final examination, it would
be next to impossible to do justice in bankruptcy.
His Lordship thought the jurisdiction of the Court
must be exercised, and that the order should be made
for the attendance of the bankrupt to give the neces-
sary explanations.
JANUARY 12.— PURCELL McNAmARA.

The LORD CHANCELLOR this7day gave judgment on
the further hearing of the exceptions taken by Mr.
M,Namara to the Master's report.
Two of these exceptions, the one to the extent of
14,0001. and the other to the extent of 20001. for
which the Master had refused to allow Mr. ,'Na-
mara credit, the late Lord Chancellor ErAtine and
the Master of the Rolls had been of opinion sh•ntld
be allowed. The whole of the other exceptions t tken
by Mr. M. to the Master's report they had disal;:m-
ed. The Lord Chancellor, on rehearing the whole, now
concurred with his predecessor and with the Master of
the Rolls, in thinking that the Master ought to have al-
lowed Mr.M'Namara credit for the 14,0001. as at the
date when it was acknowledged to be dui, subject to
any set-offs which the plaintiff should be able to prove
subsequent to that period on which he allowed her to
be heard. The exception as to the 2COOI. his Lordship
was of opinion should go back to the Master, to be
further inquired into ; and, as to all the other excep-
tions, his Lordship entirely concurred in the opinion
of his predecessor and the Master of the Rolls, that
they should be disallowed.

The young man who was shot in a duel at Wimble-
don Common, some weeks ago, is in a fair way of
recovery, though the ball passed through his lungs.

The Surrey Sessions commenced yesterday. Lord
GnaNTLEy, who has filled the situation of Chairman
11 years, having resigned, the Bench, which was very
numerously attended, passed a vote of thanks to his
Lordship, and then, without opposition, elected Mr.
Serjeant ONsLow as his successor, who returned thanks
in a very neat speech.

As more than double the number of principal Prizes
are contained in the present State Lottery, than
any former Scheme of the same amount of Tickets,
purchas?rs of. Shares, in particular, have a much bet.
ter chance than ever of participating of their benefits:
in fact, this is so manifest to them, that a greater de-
mand for Shares of Tickets has already been experi-
enced than has been known for many years.

HoaNsnr and Co. respectfully solicit the favours of
the nobility, gentry, and the public in general, in the
present State Lottery, as well as requesting their at..
tention to the Scheme. It is simplified and judici-
ously arranged, so that every one who peruses it,
must comprehend the benefits they will receive, agree-
ably to the Ticket or Share purchased. There are
treble the usual number of Capital Prizes, and of the
minor sort there are double the number of the last
Lottery, and no fixed Prize. Tickets and Shares arc
selling at the very lowest prices, and the prize money
paid on demand, whether a 20,0001. or a 211. HORNS.
BY and Co. shared last year, 19,544, 20,0001. 2279,
10,0001. 8831, 50001. 8716, 50X4. 10,873, 10001.
1350, 5001. 44, 5001. at their old established State
Lottery Offices, 26, Cornhill, 59, Charing Cross, and
St. Margaret's Hill, Borough.