Star.
London, England, 1805-11-06 00:00:00

Lti* nYI4I..LIGE.kck:

COURT OF CVANOERY, NOVEMBER 4.
soviosn 4. 'ATM IC
This was a exilic which had ham argued before the
Cmnt very elaborately, and to Which his Lordfhip
f.tid he had paid very. great attention, and the quer.
tion fubmitted to his judgment was, Whether certain
words in the Plaintiff's Bill ought or not to be (truck
out as impertinent ? and the ground on Which It was
contended on the part of the Defendant that they
ought to be (truck out as impertinent was, 41 That
the words were fcandalous ;" now his Lordfhip raid,
it was very well fettled, that a Bill may contain mat-
ter which is feandaleru, and yet, if .rekiaat, it will not
only not be impertiaeat,- but it may be the In, of the
Counfel perufing the Bill to Rafe it : on the other
hand, every thing that was fiandalass, and at the fame
time unnersfesry in a Bill in Chancery, was irtswriimol
and as fuch ought to be liruck out. His Lordfhip
then went ovtr the allegations of the bill in queßion,
the refult of which was, that Come of the parts ob-
jefted to Caine within the rule he laid down, and
therefore ought to be ltruck out ; but other parts
equally objeeed to, his Lordfhip was of opinion,
ought to Rand, becaufe, though they might be deemed
fcandalotu, they were areffery, and therefore not iota
periifteal--..for which reafons the report of the Mailer
who had allowed there allegations to Rand, upon a ,
refers ce made to him, was in part right, and in part
wrong. His Lordfhip modellly obferved, he con-
fidered it tome impeachment of his judgment that it
differed from that of the Nailer, and that the more
elpecially, when be underflood that Mailer to have
been affilled by another; but; with all deference to
their judgment, he retained his own.
The Sociciroa for one of the parties obferved,
that very erroneous accounts had gone forth in a
certain Newt-paper of the proceedings i,t this caufe
-when lift before the Court ; and fubmitted to his
Lordfhip, whether fome remedy might not be had
for fuels mifreprefentations ?
LORD CH•NCRI.I.OI—." All I can fay about that
matter is this—l believe that nobody in this world
who has time to read the Newfpapers. and to penile
the accounts which are given in tome of them of the
proceedings in the Court of Chancery, can belkate to
fay, that the character of this Court fuffers very much
by the incorreanefs of their Reports, and which are
in truth neither more nor Ids than a perverfion of the
fabjetis to which they refer—a perverfion, however,
truing (for I cannot conceive that the Learned Coon-
fel are concerned in any of them) from the want of
undertlanding the fpecies of law which governs mat-
ters which pats here. I can fay no more. If tittle
publications are legal, no body has any right to com-
plain ; it they arc illegal, there are other Court;
which are proper tribunals to reliwt to; and no doubt
that if there be any foundation for complaint, fuch
Courts will do their duty ' but I cannot bear this
Linde: of complaint in this Court."
His Lordfhip then obfcrved, that what he had al-
ready flared upon the impertinence of a part of the
bill was more for the fake of delivering judgment than
having the cafe fettled ; for he apprehended that the
bill would want amendment for want of parties, &c.;
and here the matter relied for the prefent.

IIiDLIY V. THI DOI& OF MORTHUMIRRL•ND.

This caufe was alfo heard on a former day, and
came before the Court upon demurrer. A bill had
been filed by the plaintiff+, as leffees of the late Duke
of Northumberland, :;gains the prefent, as the exe-
cutor and perfonal reprefentative of the late Duke,
for certain allowances upon (Trott workings of the
colliery, dcmifed to the plaintiffs by the late Duke.
To this bill the defendant demurred, contending,
that he had no right, as the perfonal reprefentative
of Lis father, to anfwer the allegations of the bill.
The Luau CHANCELLOR, after adverting to the
proceediugs in the Court of Exchequer, in this caufe,
in 1794, and Mme fubliquent proceedings. together
with the vat iota demifes and conditions of working
the mine in (prelim, was of opinion, that, as the old
Duke had bound the prefent as his perfonal reprefen-
tative, to pay the expenees of the workings of the
mine, whether the prefent Duke was to be confidered
in his charader of executor, or in his cliaraeer of heir
at law to his father, he was capable of anfwering the
allegations containesi in the bill.' The probable
agreement between the Duke and his leffees, was,
that they were to rearain themfelves from work-
ing thefe mines at fpecific Sipes. This rearaint
was fence impofed, from time to time, isy the prefent
Duke and Lord Bevetley. l'ise Duke, therefore,
ought to make fatisfadion for this tellraint to the
plant Leffees. The quellion then was, whether the
Demurrer could be futtained ? Upon the hearing of
the caufe, if it limpid turn out thattke reprefentatives
of the late DtAe of Northumberland were not account-
able on the foot of thefe Ikon workings, or if the
agreement (hould not be found to be a legal inaru-
ment, or that it was a confpiracy, then the Court
would interfere between tbefe parties. His Lordfhip,
therefore, thought, that the record did not !land in
Arch a Shape as the Duke of Northumberland could
refufe to anfwer. The Demurrer confequently was
over-ruled.

Extant BOOTH.
TIM was a Petition in the matter of Harris,a Bank-
rupt, by one of the Affignees, praying that two others
might be difcharged from the affigneelhip.
The falls, as hated, were fhortly thefe :—The two
Affignees complained of, had emceed into an agree-
ment to pay fuck monies, ariliug from the Bankrupt's
affets, as came to their hand., when they amounted
to a fpecific Turn, into tbebaok of Brett and Gilbert,
in Staffordffiire, before a certain time mentioned. It
appeared, however, that a balance of 11951. and up-
wards, remained, for fame • in their hands, un•
paid into the bank. The other Aflignee had pro-
poled to pay a dividend of five Ibillings in the pound,
but could not accnmplifh it, without. the (urn now in
the Refpondents' hands.
Mr. HALL, in anfwer, flared, he had received affi•
davits of the Refpondents, which had been informally
At, urn, and which, be trulled, when regular, would
fully account for this matter.
The LORD CHANAIL LOB then allied toi fee lbekiiit-
davits ; and having perufed them, his I,o4llltip sold
the Learned Counrel, he gave him alllcretfit•for his
affidavits. He then ordered, that :shette AfPgnees
thould be difcharged I and, in making .unt the order,
he .direfled his Secretary thould fpecify particularly,
that •• inflead of applying the property of She Bank-
rupt, to making a fitir dividend unsung his creditors,
tlie Lad apple:plated it to their own rivate'ruk-

Odes!' This, he Bred, might aPpiud- upon the
Este a the Order, for the purport of informing thefe
Staffordfirire potters, they were not toile the monies
of a Bankrupt, which might come into their hands,
with impunity. His Lordfliip further ordered) that
they Biould be difmi&d with colts.

POTIIICIIIR 5.

kliAltilt MAILING IN TM& serra, dr GAMUT.
Mr.-Tentersow Rated that this was a petition on
WWI of Mr. Healing, who was the real and per-
Coital reprefentatival under a will, of John Garret,
and it prayed *4 That this ConsmilEon of Bankrupt
might be fuperfeded at the espente of Mr. John
Titraer, the petitioning Creditor of Garret." The
petition bated a variety of ciroumitances 1 the lead-
ing ones were, that fame time in he month of Fe-
bruary laa, Garratkft St. Georges Stairs to go on
board the (hip Nunn, thee in the River, and of which
he pas Captain and part-owner : that be bad never
Gate been ken I that feveral dead bodies were Tome
time afterwards found at Liinehoufe ; and there was
every redo° to believe that he was drowned, although
bis body wet never found ; that this was the opinion
of the Petitioning Creditor himfelf ; at leaik be had
fo written to the friends of Garret in two letters, the

one in March, and the other on the Loth of April;
neverthelefs, he had taken out this Cornmaon on

the soth of that month, ten days after it was believed
that he was dead, asd believed by the Petitioning
Creditor hinsfelf I It was therefore fuhasitted, that
thi, was All sancta :try and a very improper Com-
miffion of Bankrupt,.-which might confume the effete
of Mr. Garret (the amount of which was Bated to be
about 13ool.) at the expence of the prefent Petitioner,
who was the Cole Executor of Mr. Garret. That
Garrat owed no other debts, For thde reafons
the Petition prayed that this Commiffion of Bank-
rupt might be fuperfeded at the expence of Mr.
Turner, the Petitioning Creditor.
There was an affidavit verifying all the fa&s as
Rated in the Petition.
Mr. ReMILLY appeared for the Petitioning Credi-
tor under the Comminion, and obferved, that lie

had no copy of the affidavit.
Mr. THOmrSOII raid, that was no lots to him, for
that the affidavit war alma literal copy of the
petition.
The Loan CHANCILLOIL atked, whether the Peti-
tioning-Creditor would make an affidavit that the
Bankrupt wai alive at the time of Cuing out the Com-
miffion

Mr. Rossitxr laid, he underftood from his client,
the Solicitor, there was no doubt of that fall.
Mr. THOMP sop laid that the fuggeftion came from
a quarter that was perfealy refpeitable ; for all that,
he prefumed the Court would require an affulavit on
the fact from the party himfelf.
Mr. ROMILLY laid, they had had no opportunity
of anfwering this Petition, it had been fetved fo re-
cently.
The Loan CNANCRLLOI laid, it was a very (in-
sular cafe, for it feemed that a Cornmiffinn of Bank-
rupt had been taken out *salon a deal man ; as that
was the allegation of this Petitioner. The cafe on
the other fide was, that the Petitioner had proved
the will of a &Ping was.
Mr. Tuostesos Paid, be could hardly think that
the Petitioning Creditor would venture :o (wear, that
this man, now called a Bsiskrupt, was living at the
time of facing out the Commiffion.
I Loan Citancetxot He has gone that length
already, for he could not have obtained the Com-
miffion without (wearing,' that the Bankrupt was
indebted to him in tool. and upwards;' now if he
was dead at that time, I think it fomewhat danger-
ous to (wear that he was indebted to any body !"
Mr. Tuoursou.—" And the aft of bankruptcy
they hate is leaving this Ihip."
LORD CmaticssLoa.—lt should be rather, leaving,
this life. It is molt extraordinary if the man was
dead before it was taken out ; but If they (wear they
believe he is *lire, I cannot fuperfede it without hav-
ing the fait tried. Do you with to have an opportu-
nity of making an affidavit on that fa& ?"
The SOLICITOR (aid, he believed the man was liv-
ing, but had gone on a voyage.
Mr. THOMYSON Paid, that It was imporible, for his
clothes were all now at his lodgings.
LORD CIIANCILI.OR,•••••" Let this Petition *and
over to the next day of Petitions, and in the mean
time let all proceedings ow this commiffion be &aid."