The Sun.
London, England, 1827-07-19 00:00:00

AIOTIONS

His LORDSHIP said, that in consequence of the
representations that had been made to him from die
bar, respecting the arrear of motions, which he 13;1-
derstood to be- considerable, he would go on for 1;
few days to hear motions, after the next Seal.

A WARD.
DYER. V. CASEMENT.

Mr. Ac &R stated, that this case, where a proposal'
of marriage had been made to the plaintiff, had beef,
referred,t6 the Master, to approve of a SettlemePt
.
of the lady's property. He had approved of one,'
and it now came on for the confirmation of the
report. The settlement proposed to allow 1,0004
.
to be paid to, the parties for outfit, and that the
trustees should -apply the-remainder to the purpof4.
in the settlement mentioned.

His LORDSHIP desired to have- the proposed F,el
tlernent sent to him for his inspection, •

RACE FOR A BANKRUPT COMMISSION.
IN THE mArr.74l. OE BOOTH, A BANKRUPT.

Mr. Rost:, on Wednesday, obtained the leave 01
the Court to mention this. matter yesterday, but the
day having been otherwise occupied, he 'had not
been able to avail Himself of that leave, but got the
permission extended to this morning. He was
strutted by Messrs. Amory and Coles, who had, or
the 21st of June, on the application of Messrs'
Wilson and Verables, • issued' a commission
against the bankrupt. The proof of the act
bankroptcy depended on. the production of
deed of • trust, that had been executed by the
bankrupt some time ago; the deed was in the hand
of a solictor, Mr. Suteae, who, as Mr. Rose wo'
instructed, had refused to attend before the Cole'
inissioners, or-to produce the trust deed until afto:
the expiration of the fourteen days allowedtJ,,
Act of Parliament 'for the opening or lie COm'
_
itmmehately Mr. Sutcliffe had got that core
mission superseded; and issued another. 'Hence the •
present application to supersede Mr. Sutcliffe's coo'''.
mission, end for a procedendu to restore to operatior
the one that Messrs.: Amoraaeand Coles had takeill
out. The alleged ground .therefore against Mr.
commission was, a breach of good faith on his part.
Mr. HEALD appeared to oppose the applicatioaq
and he hoped that another such application woul3l
never be heard of in, this COnrt,"by the Very respec4,
table gentlemen who had instructed -Mr. Rose.—""
This ease called loudly for the interposition of the
Court, because if solicitors were to be allowed to
succeed in such a course as had been adopted here,
the greatest mischief would result to property ad
suitors at large. A great deel of injury had beer
sustained in the present instance, and that iiijoi.l"
might have been to It much greater extent. In the
latter end of la.;t year the to became ember'
rased ; a commission was taken out against him ar
November, by Me. Sutcliffe, on behalf (if the creah'
tors. At a subsequent meeting of the creditors it F
thought it would turn out better for the e;, ate
that that commission should be superseded, and
the bankrupt should execute the trust deed alluded
to. The majority of the creditors, including'
both Wilson and Ve»ables executed that 'deed, alv
the commise,ina was superseded: It was. afterwards
found that Booth would not be able to pay the ill'
stalments that were agreed to be paid by that deed''
and that a commission would have to be taken oov
to save the property. In June a meeting of the cert.,
ditors was held to consider of this, and a number ot
them instructed Mr. Suteliffe to issue ,another
mission. On the other hand, it was wiahe.'l
by others that Messrs. Amory and Coles shotil°
have the carriage of the commission, and thq:'
said infessrs. NAYson and Vanables would become
the petitioners, they would issue it. Mr. S. Wit,
stated, he did not think it proper that professional
men should be running a race for business, and
therefore if Messrs. A. and C. insisted on taking
a commission, he would not proceed. They rtoo
out the commission on Aloe %Ist June. Mr, 2, uriTe'
them repeatedly to proceed; be offered them the
names of the sObecrihing witnesses to the deed; he
offered to produce it, and tentkred his own preeeneee
though he felt satisfied Messrs. A. rued CA com-
mission never could be opened, beCause the rule of
this Court waa, that no creditors who had bee; fear,
ties to the execution of a deed, in iteel; an aet,
:
banimptei,, could, at a subseoneoe ererioed",:ptiarle;ed afcd:
.lour After the 14 days had, therefore, vantage o£. that pCt to support their own commis'
the Opening of Messrs. A. and C.'s commission, at
the request of creditors who had not signed the
deed, Mr. Sutcliffe -had taken out the present exist'
ing commission on the 9th of July. Theee circunt'
stances were supported by three afEdaeeits on the
part of Mr. Sutcliffe ; and Mr. Heald e!onsiderad
that more forbearitg, gentlemanly, and proper con-
duct, could Rot have been pursued, than the line of
conduct that had bean adopted by Mr. S. towards
:Velars. A. and C.

SIOII

Mr. ROSE had not seen the alfidari, asr. Heald
now brought forward, and was bound to confess that
they nnade a stronger case thanleliad anticipated.
r,02,D5H1P dismissed. the application with
costß, and de fired Mr. S.'S commission to go on.