Star.
London, England, 1827-04-09 00:00:00

• ""tAw nrrstudifts. •
• .A.140..1..: •
coultT citAtirettor,'Atep.%
wasstscar v. 'vie sets •r saavrost.
Sa'avvratt. said this petition ',Arid not occupy
the Wadi a moment, as'it was one which was quite
of daftit'
Mr.. !blur objected to its being bend, as Mr. Wel.
Lesley. the father of the infants, and therefore'
their
natural guardian so long as no other was -appointed,
had not been served with wake.
The Loan CHANCELLOR said it was but fair that
Mr. Wellesley should be served with.notice.
Mr. SHADS/ELL had advised a different course; but
as that ‘, as his Lordship's'bpinion, notice should be
served on Mr. Wellesley, and the petition might stand
in the paper for Monday.
Mr. HART did not see how the notice could be served
upon his client before then.
levi:Stracrwas.t. said it' was slot necessary that it
should be served personally's* •

Mr. SOODEN appeared for the Due of Beaufort to
apply for his costs.

asked oat of what fond the

costs were to be paid ?
Mr. SIiAOWSLL said there were two suMs, one of
3,6001. and another of 5,0001. in the hands of theßeceiser.
The LORD CIRASCILLEOR asked out of 'what Mates
theercums had vim.?
Mr. SEADV:ILL replied, out of the infants'.
The prayer of the Petition is. that a sum of 1,0001.
stay be applied by the guardians of the children towards
defritying the ezpense of defending the appeal to be
beought by Mr. Wellesley in the House of Lords.
vrtes-CH*WcilltlAgl Any. T.

Ea-PARTIVHASSiaaaII asC*Aataxßa.
This was the case of Messrs. Chambers and
bankers, in Bond-street. The Court was crowded to
excess by the parties interested in thermic of the ep-'.
price ion, The petition prayed to have the Commis.
sion of Bankruptcy erased against the applicants super.:
ceded, on four several grounds•-.lst. That-the petition-.
ingcreditor, W. Alletkett, had no debt at kiwi'. e.l
one for the recovery of which he could bring assyL,
action ; 2d.. That if he had a debt at law, he wars pre-
• eluded from prosecuting it to a Commission of Bank-
`ropey, by a deed of arrangement which hi bad signed;
That the Messrs. Chambers bad never committed
-Mr act of binkinprey; .and, 4th. That under she new
Am of .Parliament, eth-Geo.lV. cap. 16, they were not
liable to be made bankrupts, having ceased tube traders
before' th at Act came intii operation in September, 14251
The.paitioner prayed that all the costs of the suit migh
be borne by the petitioning creditor.-the solicitors,
est:tenets, odder the Commission.
The ATTOILNIIT 01111111RAL appeared for the
tioners. He stated, that Messrs. Chambers, in
in ,
tlienseaif certain pecuniaryensbarrassetents,
berklB24, arising oat of the extraordinary exigessamei
Of flat paned. called a wasting of their credit{, atl
was stated the real cdodition ef their afaire. Thie
.ode dbae ender the advise of Messrs. Maybe!
itaii4Wood, solicitors; ant it wait new alleged by the
petitioners. that them Gentlemen had, as trustees fen
eclairs ether persons; a 'mortgage affecting the estate'
of the petitioners, audit was now aUeged against them;
that they having, from their confidential connexion
with the banking concern, an intimate acquaintance
with its pecuniary etisbarrassvneets, recommended
the airmgeritent with the creditors, least a Com-
missioo of Bankruptcy should issue, and, perhaps.
interfe' e with their own claims • on the estate.—
Mayhew, it was said. exerted himself for this
purpose, to prevent a docket .from being struck.
A meeting of creditors accordingly teek plate, when it
appeared that the total debts atsbutited to the VIM of
269410.155. 11d. and that die evailable assets were
estimated at 270,7721. t3s. 4d. The creditors, at the.
same tiMe, came to certain resolutions, Which were
aftgeivards embddled In a deed of an'angentent, nee-
gated on the 10th of December, /024. The deetl,Ufter
reeking that, in the opinion of creditors present at
the Meeting, the estate of the firm, if judiciously admi-
nistered, was sufficient to liquidate all•the debts, vested'
aU the property of every descrleditin .betonging to the.
Messrs. Chambers in the hands of eftillitlfEe of Mae
nagnment, who were to have full power to sell orcitheit-
wise dispose of the same for thereon' -benefit of -this
creditors. The Messrs. Chambers wan togivetheCons-
mittee,every assistance in carryilig thirproviiihnibf
deed into effect, and were in retusa to have aliiter t
licence. The deed also (entailed a proviso, _that if au
creditors, parties to it, should, whilst the letternflicencet
was in 'fusee, sue, arrest, or otherwise molest,-either di
the Messrs. Chambers, on accountbf the particular debt.
:provided for by the deed, such a proceeding on the part
• •fthat creditor should amount to an ahsolute teleAse
:tePttis debt, and might be pleaded in bar of any action
' rbrought fur the recovery bf it. There was also a pro-
ision or this Sature, that•the Committee•of Masa e•
which consisted of Iletsrs. CaleraP, Stosee. and
seemed other Gentlemen, might be at liberty to revoke
'thelinter of licence, and annul the deed, if a number of
*c_kneltors sufficient for tan ryiifg Vit'ailangtment into
'O6O, 'should not baits signed' Op-deed within two
mouths alter its esecutioo. Kitten. went on in this
Inneter for sleven months. The CoMmittee proceeded
to sell several of the estates SU the Messrs. Chambers,
end do' all the other thirtgsAithiehtentned to thettylikely
to forward she objects of the trust three or four days
4before the bookraptcy, and only one before the retool-
'lion of this letter of licence, on the part of the Commit-
Ythe, the Messts.-Chambers,l4o had'tto notice of thein-
tion to revoke, executed, at she instance, and by the ad-
vice-of the Committee, a lease of the Opera House to
Mr. Bbers, This establishMent formed a broken
tin
the prpperty of the petitioners; and in the schedulefot1
assets annexed to the deed was put down at one' hthei
deed- thousand pounds. The Learned Counsel pies:
• ceeded•to contend that the petitioning 'creditor, Ali:
.Al3eckett,was wholly excluded by thednedin question,
from striking a docket. 'He maintained that, accnedihg
. to the prude' of the-Ceort in Bankruptcy, he could dot'
•be justified insetting up that-debt in order to procure'
the Isseing Ora opnamicsiOn'Obat he was-bctind by iltel
, acts of the Canunitiee, eih,ti allOsei the-de4d to te.
',amain in force for 11 worths, and ecuild not, atinitl,' it'
/_ their di .cretio,n, in thatrespect,being limited to the mg
neat 'after itt exeluiton. And even suppose the
.-,Cniienitteecotild annul Ole beetriiroi eapiktrind of
the two months, it was sonteSded, on the part,; Of the
petitioners, that seek apowevlbedoneecreelr ee•ahe plum,
.tiCular enettlb'ers irbolothOdstheCtrenutihee,,Wlttfin the
terns'. limited Isejite 'crtiect;eold not to the filedibert
sequently introduced. It now also.ergoed-on the past Of'
the petitioners, that their trading bad ceased upon the exe-
c of the doed,and that business done by them since