Star.
London, England, 1805-08-23 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, AUG at.
I .
IX•PARTI SHAW.
This was the Petition of the children of
.7. Shaw,
• spina whom a Commiffion of Bankruptcy had iffiscd
at the spit of Henry Fothergill. Under this bank-
ruptcy there had been a conveyance of certain eßates
In rendered to the Paid children, and the °Ned of the
application to the Court was to fuperfede the Com-
Iniffion, that the property might reamed to them.
The ATTOIN r Y. GEN UAL, tor the Petitioners, Paid,
that in no way could this bankruptcy be supported.
i Shaw was no trader, he had committed no ad of
bankruptcy ; and if he were a trader, the effects had
been fold with the view to render them as unprodne-
• rive as poffible. In the papers, Mr. Shaw was called
a dealer and chapman, but it was not Rated in what
! he dealt ; and the GA was be lived upon his eßate,
' and did not acquire .his livelihood by trade. He
had not abfented himfelf to elude his creditors, and
had done nothing within the terms of the Ratute con-
fiituting an aU of bankruptcy. Trite it was, that
Henry Fothergill 101 l at gaming tool. to Shaw, that
the Litter feized the cattle of the former, and that a

111 law %Lilt wA% the confequence of their difputes. Henry
Fothergill, in revenge, took out a commiffion againft
. Shaw, through the means of Jrfeph Fothergill, an
Attorney, who as his brother ; and hi. finer, Eli-
zabeth Fothergill, bought the ellates of Shaw at pub-
lic antron, of the Pale of which no fufficient notice
had been given according to the prefcribed forms;
1 and the necefrary refult of this family confpiracy was,
that they were fold for half their value. The property
I was in the neighbourhood of Kirkby Stephen, and
within the manor of the Earl of Thanet. So impor-
tant was the agency of Mrs. Fothergill confidered,
that the flattened to the fpot of bawds a very thort
time after the had fradured her leg.
The LORD CHANCELLOR." The 18th of April,
1803, is the date of the furrender. The judgment
under which the petitioning creditor claims, is sot
; until Eafier term of the fame year, and that did not
commence until the ayth of April ; fo that the peti
1 tioning c'reditor's debt is too late to ferve hispurpofe.
li
There children are not creditors under the Commit.
t (ion, and if it be bad, they may recover againa all
perfons in ejectment. The at of bankruptcy is at
fumed to be the abfence of Mr. Shaw from his dwel-
' ling, and yet it is not (worn pofitively, it is only faid
1.1 by the deponents, that they believed he did. Let
'1 the Petition (Lind over, with she liberty to amend."
IN IZ•PARTS jOSIAS jacksos, is TH4 M 41.161111. 01

'Poa6OMO•
The Petitioner reticles in the 'nand of St. Vincent.
and his claim on the Bankrupt was for the turn of
• 4481. for a bill of exchange. Furlong was made a
bankrupt on the 15th of May lak and was chargfd,
in execution for this debt.

Mr. Hot.Lis, for the Petitioner. Elated the fags of
the cafe, and that the objea of the petition was, that
Mr. Jackfon might be permitted to prove, and, if ne-
cefrary, to objea to the certificate of the Bankrupt.
The LORD CliAliCaLLOllm...." There Can be gro ob-
jeftion to the proof of sour Client's debt, for the
purpofe of his taking the dividends ; but if the claim
were two or three times as much, it would not enable
you effcaually to objet to the certificate. Betides.
if you take a bankrupt in execution, after the bank-
ruptcy, it is an eleaion. This is the conilant courfe
of proceeding; is it not, Mr. Coost ?"
Mr. C00K1—..4 It was fo fettled by My Lord
Tut it sow."

The Loan CIIANCELLOIL" If, after the bank
ruptcy, he charge the Bankrupt in execution, the
Creditor mica lofe his debt, if the Bankrupt get
his certificate. I mull not overturn all that has
been done of late years. Until dividends have been
declared, you may keep the Bankrupt in execution ;
but beyond that point you mull not proceed ; there
you mull Stop, or make your elaftion ; if you take
him in execution, it is in execution of the debt. I
will make the order (without your prejudice) as to
going to the Commiflioners to prove the debt; but I
cannot {lay the certificate."

0
C
T
d
b
7
I m
g
c,
Ji
01
IC
le
10
in
la
tf
11
1.4
tt
•
0
a
2
7
I
j
• 1
1
• -