Star.
London, England, 1804-06-08 00:00:00

-111DL•1115.

a.
Mr. pities Roost.
oisoso.
Mr. Jabs Ls Hamm
Mr. Biros Gamins.

COURT OP CHANCERY. JUNE 1.
RI TANTS VALI AND OTNIR2 IN THS MATTI& 07

_
tatOLITOII a 44444 UPT
This petition was prefented for the purpose of ob-
taining the decifion of the LORD CHAIMILLOI upon
the poke, how far the power of the Commiffioners
of Bankeoptcy to examine a perfon, to whom it was
fuppofed money had been paid after an An of
Bankruptcy,•exteodst It Rated. that a Commiffion
of Bankruptcy had been rued out againft Edward
Eagletoe, in Othibet titoe. and that the Aft of
Bankruptcy confined in his lying in prifon two
months. The during the time of his fo being con-
fined. be paid to one Cnf lms. by the hands of a
perfon awned Clarence, the fern of ssed. being the
amount of ate of the debts for which be was de-
taioed; which payment the petitiours, the Agues,
conceived to be fraudulent, being made rubrequent
to the commencement of the Ad of Bankruptcy ;
and they therefore antral Citrus to be fantameed
to attend before the Comedifioners, in order to Si'.
mime him u to the cite-embalms under which the
payment was made. That upon Curses attends.
the Comenifesews, ha admitted that be had re-
ceived his debt estr cede, while Eagletoo, as be be.
lied wis la putt, sad that be thereupon did
=hies bee the sake at his fait ; bat he re-
give any walla! Re It quake_ pat maim...
• Wlest any sad what'ommtandnisi wawa
reties or letters, piled betwees the Bankrupt and
boy previous to the payment bag ib made, and
whether that pram was not m colloquium of
fosse itemogemset between the parties, and what
were the aidellias ei rads letters, and the purport of
ceevestbliense if na
y(ltch did Pars r
Mr. Rosman and Mr. Wevenau., in rapport
or the peados, annestied that ender the claire is
the Statute of the reth of Elizabeth, a power to ea-
force an ;direr to fuck a queßion was clearly
given to the-Co nnaiffiootrs. l'hat elude extended
-to all peeress into whore bands the money of the
Baskets had is any manner come after an Ad of
Bankruptcy, whether it was paid to, detained or re-
armed by the pares propelled to be examined. That
this power in the Commiersoners was virtually recer
aired by Lard Hardwicke. in a cafe before him, and
has been the content prarffice. It was clearly the
objea sod policy of the. whole clank to give the
Luse jorifdinion to the Conatiffioners as a Court of
-Equity had, is cafe a Bill were Bed foe a difeovery,
and prevent the expence of fuck a proceeding. A
&Million might perhaps be made where evidence
was foe& to foams an anion of Crouse, bat not la I
'trample.
Loan Cuanesteoe.—" Was there ever:rim!
ream to this t I have great doubt whether ehe
Corotadirsoesers are bound to ober my order. Their
authority lath eertaiidy be limited by the general i
principles of law as a Court. They commit at their 1
peril, sad are liable to an allies for dupers, in 1
cafe they do it improperly. Ia direrting them thaw
fore to enforce anitarwer to this quells% might I'
au be ordering them to do that which would jen
them to an arson r
Mr. Rossity.—" If any order is made, the party
would then be bound to anfwer under the order of
the Court, and not the authority of the Came/
fiossers."
Mr. Haar for Cuffans.--," My client has not de.
nied the juriidietion of the Commiffioners, but he
objeets that there interrogatories
.go too far. He is
only bound to Rawer upon the immediate Ms re-
lather to this particular demand, and be has already
di&ionly admitted that be did receive this funs of
2/401 in full for his debt andeofts. Iran the hands
of one Clarence, while Eagletoe was in perm.—
There interrogatories extend to all coesamoicationss
couverfations, and letters which have ever pared
between the Bankrupt and hint, whether relevant or
not.,,
Lose Cuaircettoa.—" Might not the Conenif-
Goners examine this man to prove whether the pay
went was made in contemplation of bankruptcy, for
the an of bankruptcy had here only begun, but was
not complete ?"
Mi. Haar —" He is willing to anrwer, provided
the interrogatories are reduced into writing, fo that
be may confider and fee the extent of each quettion
before he sewers."
Lotto Ctraucattoa.—m That is not the praaice,
for very good and obvious reafuns. The point is,
whether the Commiffioners have not a power to a&
quefiions which they think Rtaterial
Mr. HART ..... They mutt bi relevant to the im-
mediate purpole of recovering the money."
Mr. Rousts y.—" Mr. Cufrans may be releafed
from all further examination, if he will admit that
this was not a &oafs& payment made in the comic of
trade, for this is the objeet of the queftions, and they
merely extend to converfations, letters. &c. on the
fabje& of this payment. He is clearly bound to pro.
duce all that relates to this tranfaetion, as he would
be in this Court."
Loan CHARCILLOR." I ()mold hefitate a long
time before I made the order prayed for by this pe-
tition for if I were once to ((labia the principle
that a party, who is brought before the Conniffion-
era to be examined, has a right to demur and appeal
to this Court, there will be no inftance in which the
effed of filch an appeal will not be attempted. I be-
lieve there never was any inlance of an application
(smilar to this; and fo new are there queftions about
the power of the Commiffioners, that it was even
doubted lately whether it were neceisry for this
Court to interfere in order to compel a Witne(s to at-
tend the Commiffioners ? The punt limply it, could
the party have refuted anfwering theft nueftions if a
Bill of I)ikovery had been filed? and if he could
not, what power haie the Comasiffioners to enforce