Star.
London, England, 1805-11-23 00:00:00

LAW INTELLIGENCE.

Tlit [IMO W. CORGIS LOWTHIIts ISQ
In the report of this trial in our paper of yefterday
(copied from a morning paper), the Letter, written
by Mr. Lowther to the Magittrates of Wilts, was,
we find, fo very incorredly Rated, that we may not
be coufidered as charging Mr. Lowther with being
the author of it.

COURT 011 LING's BENCH, NOVEMBER as.
R. HITCHER 11. BARCH.
This was a Special caufe for the Judgment of the
Court, and the quefiion was, whether a Bankrupt
can maintain an aftion upon a Promifory Note, or
any other ;amount, for a Debt which may ac-
crue to him, after his Commiffion, and before his
Certificate is granted, and allowed ; provided the of
fignees lay claim to fuch property fo acquired by the
Bankrupt
It was ably argued by Mr. RICHARDSON on the
one fide, and Mr. LirrcatiaLas on the other, after
which the Court held muff clearly, that the bank-
rupt's effe&s acquired by him after his commiffion
and before his certificate, are the property of the
affignees for the benefit of the general creditors, if
the affignees chufe to claim it, which in the prefent
cafe they did, and of which they gave the defendant
notice ; which defendant had been tued by the
Bankrupt on a promilfory note, for a debt incurred
fince the commiffion, and before the certificate—on
account of which the defendant refilled the payment
to the prefent plaintiff, who is the Bankrupt. That
the Bankrupt might maintain fuch an adion, if the
affignee did not chfaffirm it; but here they had done
fo. It was contended that a new affignment of this
debt fo contrafted Ihould have taken place to vefi it
In the affignees ; but that was held to be neceffary
only in the cafe of a real elate coming to the Bank-
rupt befori his certificate, but did not refer to his
perfonal elate. And this was founded on the de-
termination of Lord Haat:micas in the cafe es
parte Proudfont, recognifed, as it had been, by
Lord Mawsnran and Lord KINTOII, and afterwards
adopted by a current of authorities, which it would
now be dangerous to quellion ; for thefe =ions the
Court pronounced Judgment for the Defendant.

was? INDIA DOCKS.
EINTLIT ♦ND OTNIM IA SMITH.
Lord Exxanacutouom obferved, that this was an
anion brought againft the Treafurer of the Weft In-
India Dock Compjlay, for preventing the plaintiffs
from exercifin4 their trade for cooperage for expor-
tation of certain bogiheads of fugar, the property
of merchants who had employed them, in like man-
ner as they had been accuftomed to do on the legal
quays, contending, that the quays of the Company
were fubjea to the fame rules as the legal quays, on
which a Special Veidia had been found ; but the
Special Verdi& flared fans fo defedively, that no
judgment could be given on the merits of the cafe ; it
was therefore unnecelary for the Court to give judg•
ment on the cafe, fuch as it would be, if the whole
of it was before them, on the right which the coopers
claimed. They claimed the fame exercife as coopers
on the Company's Docks as they had on the legal
quays before the Docks were ereded ; but they did
not Rate the nature of their rights on the legal quays,
and on this defedive aatement of the cafe it was im-
poffible to pronounce in favour of the plaintiffs, and
therefore the Court pronounced judgment for the
defendant.

Mr. GARIOW obferved, that the Plaintiffs could
not contend with this mighty Company, without
coming to an agreement to have this cafe argued
upon this fpecial verdie, and therefore it was agreed
to draw it up in the pretent form ; in the drawing of
which the Defendants had as much (bare as the
plaintiffs, and by this the plaintiffs had loft the chance
fif a verdia of a Jury under the direßien of his
Lordfbip, without prefuming what that would be,
and therefore, he fubmitted, Whether they might
not have a new trial ?

The Court obfer; ed, that it was imprffible to
pronounce any other judgment than what bad been
ielivered.

Mr. Wong obferved, that in the cafe of Lickbarrow
Ind Mafon, the Houfe of Lord) ordered a wars
note, on account of the deficiency of the fiatement
of fags in the fpecial verdia.
Mr. Juaice Lawassca—" This is all irregular.
he Court has already paired its judgment. It can
hear no comments on it. It any application is io-

.1,
tended to be made for a verth e It gay, let it be made
in the regular way."

THI KING V. GENERAL PICTON.
Mr. Law's applied for a rule to (hew carafe why
the trial of this Gentleman (hould not be poilponed
until the Sittings after next Term. The incliement
was for a tranfaaion which took place while the de-
lenJant was Governor of Trinidad. Witneat had
been examined upon interrogatories, and the depoit-
tions confuted of tsoo (beets, Soo of them were in
Spanifh, which it would be neceffary (hould be !rat&
lated.—Rule granted to (hew caufe.

IW-