Star.
London, England, 1813-08-09 00:00:00

done. Here did not appear tit'al tit creditors had

been disappointed by his absence.
Mr. HART submitted, if. the *lather lived in pri.
v,ate, that the binkrupt might havtbeen as effectually
secreted -at Feversbatni as at a greater .dlitinar—.
There surely, however, could be no objection to the
assignees tilting ,the sufficierity bf the act of bank-
ruptcy, by bringing an action against the judgment
creditor.
The LORD CHANCILLOR said, they might do so •
belt, I Proceedings wider the Commission must b;
allayed in the mean time.
~,Sir 4.4,140gt.,R050LLY observed, that the action
which his. Learned Friend proposed to bring could
not be tried sooner than April next; and this very
great inconvenience must necessarily result to the
petitioner, that he %Toted have the commission of
bankrupt hanging over his head during the whole of
that time.
Mr. Haiti. anOieredi that to counterbalanee this in-
convenience the petitioner would hoe arc advantage
that, while there Were debts to the amount of 4'2000
doe by him, and unsatisfied, his person would, in the
mean time, be protected.
The LORD CHANCILLoR ordered,.that till the action
coula be tried, the Commissioners should 4ourn the
meeting for the last examination, from time to time,
and that all other proceedings under the commission
should be stayed: His Lordship, at the same time,
remarked, if there had been a concert in this case, be-
tween the bankrupt and the judgment creditor, things
had been clumsily managed,else the execution would
have been put in the day before rather than the day
after the petitioner's beginning to secrete himself.
Ei-PARTS GILSON, IN'THE MATTER OF NEWTON.

This was an application on the part of two of the
creditors of the bankrupt, William Newton, and who
were also trustees under a deed of trust executed by
him in favour of his creditors, to have the commission
of bankrupt superseded, on the ground that there was
no petitioning creditor's debt.
Mr. HART stated, that in February, 1812, a docket
had been struck against the bankrupt, by the present
petitioners, but that from motives of humanity to him,
and with a view of enabling him to continue in the
management of a farm which he held, the commission
was not proceeded in, the creditors agreeing to accept
of a trust deed, which was executed by the bankrupt,
in favour of the petitioners, for themselves and the
other creditors. Under this deed the affairs of the
bankrupt had been carried on till lately, when in con-
sequence of misconduct on the part of Wm. Newton,
it had been found necessary to turn him out of the
management of the farm. He then went to the assig-
nees under a commissibn of bankrupt which had been
issued against a son of the bankrupt, named James
Newton, and a person of the name of Lomas, who
had carried on business'as partners, and procured them
to take out the present commission against the bank-
rupt, Wm. Newton, who it was alledged was debtor
to the estate of James Newton and Lomas, having had
an undue preference given to him, to the extent of
£e2oo, since Newton and Lomas had committed an
act of bankruptcy. This, the Learned Counsel con-
tended, was not such a debt as could support a com-
mission of bankrupt, being money put into William
Newton's hands for the purpose of paying a bill, in
which he had lent his name to Newton and Lomas.
At all events, it was submitted, that the present
commission could not stand, there being a previous
commission not superseded.
Sir SAMUEL ROMILLY, in support of the commis-
sion, read affidavits, which went to prove that the
bankrupt, William Newton, bad executed the trust
deed under the threat of the docket which had been
struck against film being followed up. That from
the moment he had so executed it, he had been op-
pressed and abused by the trustees, who admitted only
such creditors as they chose to the benefit of the trust
deed, t'ireatening to turn the bankrupt out of his farm,
and to transfer the possession of it to one of themselves;
a threat which they had put in force by turning him
and his family out of doors. 'The assignees of James
Newton and Lomas alto swore, that -having ascer-
tained the fact of a payment of £2OO to William
Newton since an act of bankruptcy llad been commit-
ted by James Newton and Lomas, and understand-
ing that William Newton had executed a trust deed,
they had applied to be allowed to come in under it,
which had been refused. They therefore had no other
remedy but suing out the present commission.
The LORD CHANCELLOR, its these circumstances,
and observing that the only use of the trust deed
Made by these petitioners had been to shut out a cre-
ditor who applied for leave to come in under it,
while, at the same time, long affidavits had been
sworn, without being put in in time, so as to satisfy
his Lordship that they could have been intended for
no other purpose but delay—said, he should leave the
petitioners to straggle out of the situation in which
they had placed themselves, the best way they could,
without his assistance.. He therefore ordered the
petition to be dismissed, and that too with costs, on-
,Ws the petitioners would undertake not to bring an
action; with liberty to them, however, to defend
themselves in the event of an action being brought
againit them.