Star.
London, England, 1804-08-15 00:00:00

LAW INTELLITANCL

COURT OF CHANCERY, Site AAAAA , Abovar It.
az RRRRR CHRISTit.
This was a petition on the a:cation of the bank-
ruptcy of James Peter Keir, and the decifion was
material, as affeding the intereft of flip owners.—
The qiiettiou before the Court was, if the claim on
inch owners be not a diaind and feparate debt on
every and each of them
Mr. RD/SILLY, for the petitioner, cited the cafe in
the 3d Vezey, jun. page 248, before Lord Rofxlyn
and he argued, from the dodiine of partnerfhips el-
tablithed by that cafe, the petitioner had a right to
prove on the feparate eft ate of the owners.
Mr. RICII•RDSON, on the other fide, was not re-
quired to reply.
The LURD CRANCELLOS.—" Unlefs you can make ,
inn, that the feparate owners are not partners, this
pretenfion is nothing left than to couveze a joint debt
into a feparate debt." "
EZ f•RTS CO AAAAA D.
This was a petition horn the affignees of the bank
rapt Ginger. The commiffion of bankruptcy was
iffued in November 1796. It was fworn that an net 1
of bankropteyhad been committed as earl as July
of the fame year ; the objet of this application there-
Was, that creditors, to the number of twenty-fix, who
had become ro fine July 1796 not, fbould be per.
milted to prove under the commidion.
Mr. Ricomtoloa, on behalf of the affignees, fup-
ported the petition.
Mr. Root !Ay, on the behalf of a great poSportion
of the twenty•fix creditors, contended, that at lead
with refped to many of them this petition ought to
be difiniffed. Sir Matthew Blozamwas one of them,
and a large part of his debt arofe prior to the 9th of
July. Mr. Compeer was another, whofe bills were
given, and renewed fubfequently to the 9th of July,
yet the original debt commenced previoudy to that
period, and as fuch it was proved.
The LORD Celiac( ttoa.—.' Perhaps the bed
way would be to dints% an iffue to try when Ginger
became bankrupt, or when he find committed an
ad of bankruptcy."
Mr. Jou ems, for Mr.. Wheatley (one of the
twenty-fix creditors), faid, that although named in
the lid. he ought not to be included in the objea of
the Petition. The Petition dates that the demand
aerie on bills, podeiior to July; but the fad was,
that the debt in money lent and advanced
prior to that period, and the Petitioners had no right
to bring, this creditor before the Court.
artialtD CHANCIILLOR.—a By Petition, the debt
of y may be expunged if twee-Cary, and when
we come to difpore of this finally, Mr. Johnfon's
client, ifhe be correa, will have a right to the divi-
dends on his debt, and perhaps to the coils."
Si
A commiffion of bankruptcy was ifued again(!
John Tontkinfon. on the 7th. of September s Boa
The Petitioner was examised before the Coortnif '
(LOWS on the t3th of November. and in confe-
quince of prevarication, was committed to time
flours ciCotrtiltion at Liverpool. On the teth of
the fame month, he was re-examined, and, for the
fame cads. recommitted. From that time to the
;intent, a period of nearly two years. he had con-
tinued in cullody. The application was now made
for his difeharge, with the confent of the affignees,
and of the general body of creditors.
Mt. Rtcsiaansoe, for She bankrupt, cliklofed the
cements of the Petition. The quell ions propoled by
the CommilSoners, which bad received an inftifficicnt
reply, were DOW anfweted by the Petitioner, the whole
truth was unfolded in the bed manner the faculties
of his mind would permit. and, confidently with
truth, no &ether fatisfadion could be given. He
hoped. therefore. the bankrupt would be difcharged.
The Loan Cu awe ts.oa—"Wh v Wield he not"go
by Hakim Corps before the Judger Next week Ms.
Judice Coasts's, and Mr. Baron Ga• Hare, will be
at Laneader, and of that opportunity he may avail
hintlelf."
Mr. Cottaw, on the fame fide. Paid. that a perfon
in his fituation eou'd not defray the expellee of
fuch a proceedipg, and be quoted as an authority
for the exercife of fuch a jurifilidion by the Chan-
cellor, the cafe in the 1 a Atkins, 240, before Lord
Hardwieke, olive :mother precedent of the fame
kind is cited before Lord King.
Mr. Rote teee.nn the part of ihe allignees and ere-
fignified their concurrence in the difeharge of
the Petitioner.
The LORD Cl4.lwCesLol--" I (bold have thought
it an anomalous cafe, that a prifoner in cutlody &fluid
give hunt-elf the evidence of his warrant of commit-
ment. He has been in euflody two yetis, and from
the acknowlcitir tuts in his own petition, it kerns,
that helms fully defer ved this punifhment. You mud
either thew me that be is illegally confined, or that
he is legally fo ; sod in the latter cafe, you mull fa-
tisty me, that upon the affidavit of the man himfelf,
who is in euflOdy. I aught to difeharge him."
ZS PIT.
Roe and Moore. of Beiftnl, became bankrupts foon
after the lris of the (hip Belvidere, of which they were
owners. A drift time prior to the cominiffion. three
bills of loooLeach, accepted by Travers and Made,
were pad by the bankrupts into the handed Savary,
Towgniad and Co. bankers of the fame place. Alts
bills to the further amouat oft so4l.and a certain bond
of 330. payable at erne guises wecklg. Numerous
pecuniary tranfadinos bad taken place lietween Roe
and Co. sod Smeary and Co. tio which the intered was
charged 013571- and a commiffitus of 601. being one-
elihth per cent. on the total account to 601. Seem.
Towgood. and Co. had various fecurit its depolited in
their hands, notwithdanding which they had proved
on the shale 43501. which was the whole balance of
account. without regard to fuch (courtlier. Goodbe
here, Wygan. and Lrof, guarantee to T and
daile the avnount draws upon them, and the firit part
nor in the former hoofs was the affignee, the fecond,
the petitioning creditor. This application to the
Court was made by the *Spots. and its objet was,
eft, To countervail the debt to proved by Savary
and Co. on a charge of ufury. no which !her fought
that an i frac lhould he Pied under the thredion
of the Cohrt. idly. That from the Turn provtd by
&ovary and Co. the depot.....r pledges to made, fhould
be deducted. .611.1 the dividend be rrJuced According-
'''. ;Mr, bit ti,e 4iils am ,iintong to 1 mu6l. and
the nd airnur..iag to 3331. &cult' be alto &dotted

twos the a.cLout.t.
'fbe Ai roakir Giwasai, An behalf of the if.
first► luipwit ut al.o petiuoto awiltavoute.4l

enablifh the charge of Airy. sin .tartscularly in-
filled on a bill for vol. which had been given at is
days date on London. and which was charged as ea&
in the account. He cited a cafe before Chief Baton
EYRI, in which a tranflition fornewhat fimilar had
not been determined vibe ufury; but in that cafe,
no commiffion had been charged, which materially
dillinguifhed the prefent cafe from the law there laid
down. He quoted alto the Pastime:ugh cafe before
Lord Kowsom, when that Learned fudge (aid. that
to take the full difchunt for a bill as caffi. which has
fever Al day: to run, is a device to elude the nature of
ufury. He then explained the nature'ofthe account.
from which he raid it was manifen, that the depofit.
the bills, and the bond, ought to be deduced from
the account ; he tru Red, therefore, his Lordfbip would,
direft the inue nit the former pointjo be wed, and
would make the fuitable orders on the latter.
Mr. RouttLy refilled with great warmth and
oteniety, the charge of ufury which had been made
againft his clients, men of perk& integrity and of
ellabliffied reputation. He confidered the cafe before
Mr. Baron Evaa as decifive in his favour. and which
ought not to be over-ruled by an oecafional opinion
delivered at /4 Priam by the late Noble and Learned
Chief Jullice of the King's Bench. With refpeit
to
the bills, they were canted to account in the regular
way ; and with regard to the bond, the affignees
need not have applied to a Court of Enquiry, as
Mars. Savary and Co. would have readily acceded
to their willies in that particular.
The LORD CH•acatt.oa at much lets delivered
his fentiments on the three Midis of petition.—
He Paid, it was due to Mats. Savary. Towsood,
and Co. to fay that the charge of ufury had not
been at all fupported, and that they would go not of
Court with honour. The petition &alibi be idifiniffed
with colts, but, confidering affignees mull aft, not
from their own knowledge, btn'from the information
they receive from others, he imputed no mikonduit
to them, and therefore the cods mould be paid out of
the elicits of the bankruptcy.
AUGUST I 30—.FRAMCO IL Fiasco.
In January, 1803, an order was made to a Mafia
of the Court, to fetal a proper perfon to become the
guardian, of the infant O'Brien. In confequence of
this proceeding Mr. Lowe was nominated, who was
executor to the father of the infant. Mr. Jacob
Franco, the Detendant, who married the widow,•
being difpleafed with this appointment. his wife wrote
to the Matter, recommending Richard Brinney She-
ridan, Efq. to the fituarion of Guardian to tbis or-
phan. It was (kited, that the Paid Mr. Jacob Franco
had delivered this letter as a for; of menace to
the
matter, to alter the appointment; the letter had de-
volved into the hands of Mr. Lowe,. :And in confe-
quence that gentleman made application to the
Court, that Mr. Jacob Franco might be committed
to the Fleet for this irregular and extra-judicial in-
terference.
Mr. R.omit.t.v, on behalf of the Petitioner, Paid,
that Mrs. Leab Franco, under the dietitian of her
hufband, had written the letter in queßion; that it
,was a libel on the chara6er of Mr.'Lowe, and that
it was molt prodigal of encomiums on the gentle-
man it was dtfigned to recommend. It was written
in a Ryle of trine, elegance, and fpirit, which was
not to be expand from a Jew and a foreigner; and
it was no improbable conjeaure, that it was COM-
poled by Mr. Sheridan himfeli. If it were fo, coati
nued the Learned Counfel, Mr. Shea idan had the fin-
gular felicity, " Laudari a lodate airs." In the lei-
ter he is reprefented as an individual equally illudn-
nos for his charafter and his talents, and remark-
able for his inviolable friendffiip ; be is dillinguinted
as a profound legiflator, and as the firtt facia
in the age he adorns ; and 'the tear% of maternal
affeftion were liberally poured forth to rotten the
heart of a lawfer, to a compliance incontinent with
his profeffional duty : " You will relpeit the anxiety
of a fond mother, folicitous for the fate of her child., I
No complaint would have been made againfi this pro.'
sligality of praife, if the lady had not thought fit to
interweave with it the indecent cenfure of the charac-
ter of Mr. Lowe ; and the quellion was, " if the
Court will not fignify its marked difapprobation of
fuch c-ndua ?"
Mr. Riwaett., for the Defendant, Paid, the ()lice
of the petition was to procure the commitment of Mr.
Franco, for a contempt of the Court ; and the crime
charged was, that this gentleman had delivered the
letter adverted to, to the Matter. The affidavit of
Mr. Franco polieively denies any fuch delivery ; the
application then is wholly unfounded. and there is
nothing to ailed Mr. Franco.
Mr. Rosen. Lt. in reply. laid, that the affidavit by
Mr. Lowe, on the other tide, although not pofitive,
lays he is informed, and believes he delivered the let-
ter. Certain it is, that is was written by his wife,
Mr. Leah Franco, that it came into the Mallet's
hands, and that the latter gave it to Mr. Lowe. The
quellion is not whether the correftnefs of morals of
Mr. Sheridan or Mr. Lowe, make the one or the
other the molt fit pylon for the Icrious and impor
tant duties of a guardian, but whether libellous mat.
ter is thus to be intruded upon judicial charaCters, to
influence them it. the dikharge of their profeffional
duties?
The Loan CH AISCP 1,L0R..--." I certainly do difap-
prove of any communication with the Mallet, either
perfonally or by letter, in the abfence of either of the
parties. The letter not only contains libellous relives
againit an individual, but is extremely dilrefreftfut
to the Court. The prailice rl coriefpnoding n fuck
cafes, I have frequently cenfured. and I flatter my-
fen, that the kvetity I have dirated to it has dimi-
nithed the evil. I Jo hope this will not happen again
in the Matter's office, and I do not difapprove of the
conduit of thof: who 11.:ve fubmit•ed the Matter to
the attention of the Coot, : yet this may be fufficient,
e- to tuterpole further might he to. rigor cus."
El-

ROBIRT MACIArl.A'it, Efq. whore death was tic
cafmned by the hri-ifes received from a carriage that
ran over him 1.11 we-k, and whi.'fi he lurvived only
half an hour, was a ge-tlarnan wel! known in the LIA-
M! wash!. I!C was educated in the Univcrfity of
Edinburgh, an.l came ris London at a very early pe-
' tiod of life. the p-is re I a ve: y retentive tremor),
which enabled him give Milli fi.lelity to the world
form of the finch fi c ,•re:lies in P4ll lAMVIt dui ing Li rd
Noarn's Ira.; .c. and the American Si sr.—
Until wirhir. a Ps:
at Walthamillw i An.; for the lAA two years. he
was einfel.lcd upon rf OCIAn info La-
tin. lie lied r nly retc'cc,l the fitit poef-thett
kw hosts Wok he died.

•
lama

, .
' A pitched battle was fossils ye?eerday at a plate
called Bonin the Sandsolt..the bottom of Shootet's
Hill,•between 7awayffrore-Thete, i.backuey coach.
map, said Yaks ke?fr, a horfe.dealer, two comba.
tants of tome pugt4kie entiorose, for eaubkriptiorr •
pence of twenty guineas. jemmy-from Town, it,
,may be remembered, ecquited great reputation in a.
conteß at Kennington Common, twelve months ago,
• when he beat Hopping liftitrth ; and Rolfe was not-
leis admired for his prowefs nn feveral accafinns, par.:
titularly at the Wormwood Scrubs• where the bow-
ie: ottee.were ukea in, by betting the long odds againft
him. .
The ring was formed ,precifely at a quarter pa/
eleven o'clock, when the combatants.eatered it, b
" eager for the. fights' On Rrippiitg, Jemmy front:
Town appeared to be the taller man, and longer it
the ars.
• At die tommencemeht of the yf Awed, the:
Coachman attacked his anternoid with fo mods vio-
lence, that be drehihim aimed out of the ring and
•fell. No dangerous.hits made.
Its and fair Resat confiked of very Avere hitting
on both fides. The Coechliaddid not parefs acted
kience, but was deg lent tteithtr in erength *ovum.
rage. and by a rued blow lie ear the Harfe.gaider
over his right eye, and brought-him on his &ie.
Ti tie tots Rats id, the Coachman kept a NO aria
nod, noterithßeeding Age's 'traits to jet hilt, he
could not avec trim to He run..a .46bati op.
Fount, and fought mot fulincily, while dolls was
ineibied to (hike atds. and feet's*" en be Pesfeedsg
:his wind for a long coated. He cmld nor, _bowl
ever, avoid receiving feieral 61 MS (rpm the Coach-
man, which had a very'/riling tfeft. •
Freer the ea& set& 16th Noddy, rile Htirfttikeller
appeared determined to oppote strength to firtiordap •
satin vat lnipoffible to withefs a mere mad, fiends
up fight ; foraetmies one bad timbal% of it, end foams
times the other. The Honk-dealer teemed no 1, ngci
and dealt his Moira fo Indicioolly that the
odds were confident* in his favour, and it was
fuppored that the Coachman was in the to f iv* of
the battle.
The 16th Read was in the Coachman's favour; he
hit his opponent a violent blow on the temple ; whickt
cortipletely lifted Atte tonna. and brolight hilt td
the ground. • -
The iv' Retail turned the tide farther id favour of
the Coachman; he 64 the Honk-dealer .a violent
blow in the body, which was thought to have touch..
ed his wind.
tie real Rita Walk tern by fightieg on Sere-
rove, sad mattiegisible Wows with greatceetion. *HA
the Coachman continued to follow him up. and gigs
him no quarter. Towards the sad, Rolfe made a
hidden retreat, whiff the Coachman aimed a violent
blow at him, by which. mesas be avoided it.. anti
made a blow in return, which burette/ doers the
Coachman. '
The 19tit Reett4 the Coachman feettted detenbisseit
to make amends for his defeat in the lea, and.fterral
with renovated ire, & ,The Horfe-eleala keened
all of a fudden faint, Tram his eat raorditteryeurtiona
in- the former rounds. The Coachman peiceivior
the advantage, made play, and taw took the kali.
•
anti kept it to the ender the roost.
The neat three rostedisAolfr wee exceediugly
trifled, his wind was quit; geed;whila the:Coeds.
man put feveral revue blows, tot his opposent's face.
which made the blood Bow profufelf ; if *at OW*
be Sitrild not fupport the rot dente hnether roveL
Tomo feted, .Rew0i.....-the borirdentler asow•fres-
,itifed the fpedtators by kemine. fa it Mese. (sebitssif
invigorated, and foetal fevere bits item sickest's'
on both fides. At the conclulion'lsf the rolifid both
fell together from each otheiNtli6tts.. The 'ibittodrla
were now offered to be taken. .
On the combatants (landing Nita tintresenre the
twenty-fifth Round, Rolfe espieffeel p eezior int
and vitiory was oneapeatilly declared in favour of
Jemmy-from.'fown. It Was aelthowledged on all
tides that the Hork•dealer had "owe 'nab Mewl and
heard, and the Coachman retired from the ring with-
out expreffing the leak digatisfaiSicsi at his `ark.

VENEREAL SLINDNESS.
To Mr. Taisseeth-T , Surgeon. No. 9, New
gent
Dial ua, Landon.
TT is with the moll heartfelt fatisfAilion that I ad.
you on the bwompenilde cacelience of your iimaktliSil
Medicine—LEAKE's PATENT PILLS.—Io the (On of this
year I tutt the misfortune to contra& a Vended Coenplaist, =env
dal with the molt alarming and dangenatsfyaspecene ; info moth
that I have been warned to my room fur a vim& week together.
idled not able to Rio Out alit I bad no teft night' nneday, and
Itadkred the aril commending pain and torment, end what tyke
shill woe fe, my eyes grew weak and dim, fo that I could Laths
leffee any onion, if ever to cleic tome, and eopefied Mang
kit then the total Ids of my Sgkt. Prom a Root, healthy, and ra-
ther corpulent man, I became a mere La4ow. and as object
pity and compaWor.—My friends had ail given Ins ova, and
thought my recovery impritsk. In this divined Rate. and em.
peeling every minute to be my laft to this world, I Will Willi.
nately recommended by a neighbour to try your Medicines, bid
leaving tried all medical all to sty ?impale, and been at en enotorouti
eapence, it was tome time before I could he prevailed an to take
them; at Left I fent for ha bout, and before I had taken them
all, I found confiden.bloneocht ; my pains gradually decreaki.
and my eyeught grew beta, and to the great furpnlte and ado-
nidtment of all my Medd, (after taking din:time, more), my
Malik end Ittength was perfectly redared, and I am now, (that**
to my Goa and your Invaluable Medicines), as well and hearty
ae
creel was in my life. YOtli abdged humble tenant.
tligh-ftnet, hirtnirgbarn, NOvewthe et, 5799. P. L. LEIGH.
The above Medicine Is .srneftly tmoreurtendtd to all perinea.
that arc in any douLt of their being astir, ly free of every Venal
real Affection, particsluly to took a' am altering their condidme
In Inc, as it will certainly eradicate every tale of that nature. at
however tang ilanding, at however dirge fed ~*der the appestat:
of other dlforlers et may he. for Se..rbutic.Glantittbr.abli Clit••
nevus Compbbits It Is aifo reeommadied to be taken, elgeedallY le
the Spring, Summer, and FAL
Prepared and fold by the foie Proprietor, Twangs T
Monier of the Corporation of Surgeons. London. at his Male.
No. 9, New BridgeArcet, where be will give Advice. taritbeot a
Fee, to Perkins taking thde Fills, and will enterer Patients Let-
ters. If pelt paid, nn the fame, terms, etderving In all cafes the
moll Inv toL.lde Merry, no Perfths cams or cafe having bets
mentioned, nut at their own ; arictear mama, by the Proprieties
during the coulee of ,rye than 3t years. that helms had the cow
duel ofs n euchre Wed the above Medicine and the predict
from.
They ant alf . by his appointment. at the Perimeter's, Na.
33, ct• 4:hatt'..ll. vet, ; Mr. Robert fon's Toy-Chap.:4o.
log, Orford.fteeet ; Mr. Steers, danikike, e, Union•wws.
I.ht;e Tower-hill ; and by one Per MI in every eatillecrable
and England. in betel of snip mela Wog ups
edit full
in plain Mealier's

- -
LONDON Printed Ned imbibed ¶l, LPV r L KENT, (of Cas
teelrrryla:r. Lambeth), at the STA. OT/ICIL. I. eigeT
Ansi. 4111644 ads at dmittaa Orme., ToMpiPbo