Star.
London, England, 1823-08-12 00:00:00

LAW lATELLIGENCE.

COURT OF CHANCERY, AUGUST 11.
F VERTU AND ANOTHER, 1N RE GIBSON AND
PEACOCK, HANK RUPTS.
This was a question of unexampled intricacy in the
bankrupt law. Mr. Peacock had been a bankrupt
under two previous commissions.— By the Act
5 Gen. H. the estate of a bankrupt must yield more
than ss. in the pound to the creditors tinder a first
commission, and full 15s. in the pbund if the party
become a bankrupt a second time, or his future ef-
fects are not to be released from the claims of his
crediiors. Under the Act 49 Geo. 111. which is
ktibwir by the name of Sir Samuel Romilly's Act, the
fight of the creditors is reduced to an election be-
n proving their debts under the commission, or
pursuing the future estate of the bankrupt at law, ac-
cording to the sth Gen.ll. In a case ruled by Lord
Ellenhorongh, and all the Judges of the King's
Ilzirch, it had been determined that the 49th Geo. 111.
had shut out from the creditors rim remedy at law, if
they took the benefit of the second commission, by
proving their debts under it; and in another case it
bad been decided that a third commission could not
be superseded on the ground of the effects not having
produced 15s. in the pound, if the bankrupt should
have acquired his certificate. In the present instance,
creditors under the second commission of Mr. Pea-
cock, who had obtained leave to prove their debts,
and had neglected to do so, and had not signed his
certificate, had obtained an order from the Vice-
Chancellor, to prove under the third commission, and
to take out their dividends in the same amount as the
creditors under this last commission. The immediate
application was from the assignees under the third
commission, to release the estatefrom a claim which,
as it was asserted, was without any precedent. It
was contended by those who opposed the application,
that the • order of the Vice-Chancellor could be no
hardship to the creditors under the third commission,
as the dividend which they sought would come out
of a personal estate which had fallen to Mr. Peacock
from the death of an uncle, and not from the effects
upon which he bad been trading. It appeared fur-
ther, that the estate in question had fallen to Mr.
Peacock after the declaration of his last bankruptcy.
The LOAD CHANCELLOR observed, in the first '
place, that he had never known an instance in which
the creditors under the second commission had sought
to prove their debts under the third. His Lordship
seemed disposed to put this among the cases in which
the creditors sought to render the Bankrupt Laws
more difficult and expensive to administer, though
there was always readiness enough to find fault with
the Bankrupt Laws, because of their difficult and ex-
pensive administration. As the case presented itself
to him, it appeared that a claim was made by the
creditors under the second commission to a remedy
which, they averred, was left them by the Act of
Geo. 11. so far as that Act had not been repealed by
the 49th Geo. 111. It had been decided, that obtain-
ing the authority of the Court to prove a debt was,
as to the purposes of the Act 49 Geo. 111. the same
thing as proving the debt. However, if that point
had not been cleared, and the law really did allow a
remedy to the creditors who had obtained this order,
why had they not pursued that remedy at law? By
so doing they would have settled the question, as to
which commission the estate left to Mr. Peacock
should belong ? But then the action must be brought
in time, so as to get execution before the assignment
under the third commission, because the property
was changed by the assignment. The Case was new
and difficult, and therefore he proposed to draw up
a statement, which should include all the considera-
tions of the present case, and obtain the opinion of
the Judges upon it, with a-view of settling the law
upon the point in question, whenever it should arise.
His LORDSHIP sat from nine in the morning till
six in the afternoon, and has intimated his intention
of doing the same till the remaining petitions in bank-
ruptcy are.disposed of.

Nzw YORK, JuNE23.—Saturday, the 21st instant,
the soli of the late King of Naples reported himself
to the Clerk of the Malin° Court in this city, as an
incipient step towards naturalization. It appears by
the report that his name is Charles Lewis Napoleon
Achille Murat ; that he was born at Paris, is twenty-
two years 'of age, and in the column intended for the
expression of the present allegiance of the party, he'
is stated as " owing no allegiance to any Prince, Po-
tentate, State, or Sovereignty whatever."

It is a fact, but not generally known, that the com-
mon strawberry is a natural dentrifice ; and that its
juice, without any previous preparation Whatever,
dissolves the tartareous incrustations on the teeth, and
makes the breath sweet and agreeable.

We have great satisfaction, observes the Notting-
km Journal, in announcing that the Town Rate for
the Midsummer Quarter is diminished very coisit
derably—we are informed, full three-fourths!
• A Coroner's Inquest was called in Baltimore,
to view the dead body of an infant, which had
been discovered in a garden, deposited in a candle-
box, slightly covered with earth and leaves. While
the Jurors were examining the situation in which the
box had been found, some of them discovered ano-
ther box, more coarsely made and as slightly covered,
which contained the body of another infant. The
Coroner and Jurors were preparing their Inquisition,
then they were interrupted by the sudden approach
Of a man, who stated that both the children were his,
that they were twins, one of whom had died about
two weeks belure, and the other more recently, which
facts were proved to the satisfaction of the Jury.—
The inability of the father to pay for coffins and
other funeral expenses, was the cause assigned for
the mode and place of interment.
Entries of the names of customers in a bankrupt's
book. The insolvent was a grocer in a neigh-
bouring city :
Woman on the Key—Jew Woman—Coal Woman—Old Coal
'Woman—Fat Coal Woman—Market Woman—Pale Woman
—A Man-,-011 Woman—Little Milk Girl—Caudle Man—
Stable Man—Coachman—Big Woman—Lame Woman—Quiet
Woman—Egg Nan—Little Black Girl—Old Watchman—
Shoemaker—Little Shoemaker—Short Shoemaker—Old Shoe-
maker—Little Girl—Jew Man-.. Jew Woman--. Mrs. in the.
Cart—Old Irish Woman—Woman in Corn-street—A Lad—
Man in the Country—Long Sal—Woman with Long Sal—Mrs.
Irish Woman—Mrs. Feather Bonnet—Blue Bonnet—Green

Bonnet—Green Coat—Blue Britches—Big Britches—The,
NV otnau that was married—The Woman that told me of the
Blan.-.-Brinol Journal. -