Star.
London, England, 1810-08-20 00:00:00

COUNTRY BANK ERE.

RR-PAW= ROWLEN AND MORHALL, IN THE MATTER
OF BRICKWOOD AND CO.

Mr. LEACHZ stated, that in th;s case, which re-
garded the right of 'the Assigneeb of die iankrupts to

retain a number of :heft bills, to the amount off
1,421,000, the property of the petitioners, but which
the Assignees claimed a right to retain, in conse-
quence of certain extents issued by the Crown, the
petitioners had now obtained the consent of the At-
torney General in behalf of the Crown, that these
short bills should be delivered up.
Mr. HART said the Assignees felt themselves pre-
cluded from consenting to any order of the kind, un-
less the extents were withdrawn.

The LORD CHANCELLOR said, he had long under-
stood that a consent or assurance, such as had now
been mentioned, coming from the Law Officer of the
Crown, was equal to a complete abandonment of the
extents. He was at a loss to figure the possibility of
the Crown's going back from such an assurance on
the part of its Law Officer. If, however, the Assig-
nees were not satisfied, and did not consent to the or-
der, things stood exactly as they did before the con.
sent of the Attorney-General was obtained.

Mr. MoNrAou submitted, that, in such &CUM,
stances, the petitioners were entitled to the protect
tion of the Court.

The LORD CHANCELLOR was desirous of affording
to them, and to every other suitor, every assistance,
so far as the Court had jurisdiction.
Mr. LEACHE said, he understood the consent of the
Attorney. General in this case was given in conse-
quence of an order from the Lords of the Treasury,
proceeding on the opinion of the Attorney and Soli-
citor General.
Sir SAMUEL ROMILLY could not conceive that to
be the fact. The Solicitor General was on the cir-
cuit ; at all events he did not understand he had been
in town since the petition in this case was presented.
Mr. LEACH!, previous to Mr. Montagu's argu-
ment on the jurisdiction of the Court, begged leave to
say a few words. The petitioners in this case were
the only parties who could possibly be supposed stran-
gers to the Court. They were no* ready to under-
take to be bound by his Lordship's decision. The
Assignees, there could not be a doubt, were already
in Court, subject to his Lordship's order. The King
was supposed to be always in Court ; the petitioners
undertaking to be bound, he presumed to think that
his Lordship's jurisdiction was complete. As to the
question how far these short bills could at all be af-
fected by the extent, he submitted that they could
not, but that the extent went only to the ash balan-
ces, which were actually the monies of the Crown ;
arid had been transmitted to the Bankrupts as such,
b ing payments made by the Commissioners of the
Excise to the petitioners, who again handtd the same
individual payments to the Bankrupts. These did,
indeed, get into the general cash of the Bankrupts,
but still that could not have the effect of making the
writs of extent attach to the short bills. The Crown
had undoubtedly a right to 20s. in the pound out of
the assets of the Bankrupts ; but these short bills
were not assets divisible among the Creditors of the
Bankrupts, and therefore the writ of extent would
never affect them.—Mr. MONTAGU was about to pro-
ceed in his argument, when
Sir SAMUEL ROMILLY stated, that as be was not left
'to the exercise of his own discretion in this c Ise, it
'could be of no use for him to hear what Mr. Mon-
tagu had to say. His clients, for reasons best known
to themselves, had instructed him that they could not
consent to his Lordsh;p's making any order in this
petition. In these circumstances, as there was other
business before the Court which it was essential to the
'ends of justice should be dispatched, he hoped Mr.
Montagu's argument might stand to the end.
Mr. HART also expressed a hope, if his Lordship
should make any order, that he would not impute it
to disrespect on the part of the assignees, if they post-
Toned paying obedience so it till they should have
had an opportunity of submitting it to his Lordship's
re-consideration.

The Loan CHANCELLOR said he should sit rind hear
Mr. Montagu after the other business wa s gone th• ough.
Mr. MONTAGU, accord;ngly, after the other blismes
was dispatched, addressed his Lordship. Notwith-
standing the obstacles he had encountered, he still
felt it his duty to solicit his Lordship's attention to
this case, and he knew he would not solicit itt vain.
He was satisfied his Lordship would not impute his
perseverance in this case to any improper degree of
obstinacy, when he stated, that he was actuated purely
by a conviction of the hardship of the petitioners' si-
tuation, from which he with deference submitted it
was within the equitable jurisdiction of that Court to
reieve them. If his Lordship should find him right
lin the argument he was about to maintain, he was
c mvinced it would be a satisfaction to his Lordship
to receive information from an inferior officer of that
Court. If wrong, he was certain, he Lordship would
excuse him, and would attribute his presumption to
no improper motive ; and, whether right or wrong,
he should not detain his Lordship above five minutes.
The case is this. The bankrupts have possession at
two different kinds of property, part of which consti-
tutes an estate divisible among their creditors ; and
'another part is not so divisible nor liable to beclaimed
on for any of the debts due br the bankrupts. It so
lhappens that the Crown is a creditor, and the Crown
is entitled to 20s. in the pound. The question there-
fore is, does this right of the Crown give to these As-
signees, at the ruin of the estate of the petitioners, a
right as against the petitioners which they would not
otherwise have ? He conceived it did not give them
a shadow of right. If they had any right, it must
be because the Assignees stand in a better situation
than the bankrupts themselves did before the bank-
ruptcy, which, he presumed, would hardly be main-
tained. It had been decided again and again, that
the statute of King James did not give to bankers a
lien on short bills coming into their hands. The As-
signees here, however, seemed to have thought, that
being disappointed of one source of payment, they
had a right to turn to another fund, to which but from
that disappointment they were not entitled to look.
He should suppose the Assignees to have in their
hands cash which they were entitled to hold ; short
bills to which they were not entitled ; and furniture
which they might suppose would not be affected by
the statute of King James. Would it be contended
if they should find themselves disappointed in their
claim upon the furniture, that they were therefore en.
titled to take the short bills ? Snppose the case of a
Friendly Society, the right of which to a full payment
of 20s. in the pound had been much doubted at the
timtof passing the act ; could the claim of any such
Satiety give to the Assignees a right to lien on any
short bills in their hands, which they did not other-
wise posses:

Loan CRANCELLOI" There is this difference ber
tween the Crown and the Friendly Societies. The
latter are entitled to 20s. in the pound, but they have
no process which gives them a right to lay hold of
these short bills. Nothing is more difficult than to
say what are the powers of a writ of extent ; but, in
my opinion, there cannot be a doubt „that the Crown
can lay in the hands of the bankers is town a writ of
extent, which would cover these short bills. Friendly
Societies, on the contrary, can only take the 20s.
in the pound where they can get it."
Mr. MONTAGU-" The Crown may give up the
bills and take the cash."

LORD CHANCELLOR-44 Is not the Crown thereby
entitling these country bankers to get all their debt,
and leaving the other creditors to wait till the general
distribution ?"

Mr. MONTAGU-4g That the Crown has a right to
do ; and that will be the case in the end. The Crown
has a right to say," I have got your till wit► £22,000
in it—l will keep the cash, and give.up the bills."
This the Crown has a right to say—this the Crown
will say ; and this will be the end of it, after, in con-
sequence of the retaining the bills ; in the mean time,
these unfortunate petitioners have been ruined. Mr.
Montagu proceeded to suppose the case of a creditor
who had a set-off ; or, of a customer of the Bankers,
the banker being also a tradesman, who, to cover
himself, might have taken on credit from the Banker.
a quantity of goods to the amount of his debt. Every
creditor was entitled, as well as the Crown, to use
such a degree of vigilance as should ensure him 20s.
in the pound ; but no preference of the kind obtained
by a third party could ever give to the assignees a
right over short bills which the law did not allow
them. This appeared to him to be the right of par-
ties. As to the jurisdiction he should not detain his
Lordship long. He esteemed it clear that no appli-
cation by petition could he made to that Court against
a stranger; and he admitted it to be equally clear
that no such application could be made against an
assignee, if the facts were denied. Here, however,
the facts were admitted ; and he submitted to his
Lordship, that an application by petition would be
against the assignees by any person who was a credi-
tor, who agreed pot to file a bill, and gave security
for the costs. trhere there were mutual demands
subsisting, and the party who was a stranger to the
Court agreed to have them discussed in bankruptcy,
his Lordship, he submitted, would entertain a petition
to that effect.
The Loan CHANCELLOR wished to know the facts
of the case.

Mr. MONTAGU stated the cash balances paid by the
Pe►itioners into the hands of the bankrup:s to be
£22,300, the amount of the short bills to he 421,092,
while the acceptances by the bankrupts for the Peti-
tioners amounted to A'26,000. In consequence of
withholding from them the £21,000 worth of short
bills, these bankers in the country had been obliged
to stop payment, which they would be enabled to re-
sume were these short bills restored to them.

• LORD CHANCRLLOR." Have you, any debt to
prove if these short bills were delivered up to you.
Mr. MONTAGU.—ig Yes, nearly Jeaxxx,,
Mr. LEACH .—" Mr. Montagu and I are at issue
upon this, where we should be agreed."
LORD CHANCELLOR •---g4 If your petition had gone
to this, 4, We have a debt of £3OOO which we desire
to be allowed to prove, and there are 811,000 worth of
short bills in the bankrapts' hands which we have a
right to get up ; or, on the other hand, if the bills arc
not delivered up, me cl.im to be allowed to prove to
the extent of s':',,,),6oo."—That would be an alterna-
tive, of the propriety of which I would be entitivd to
judge. This, however, is not the question, and these
country hankers must be told that tie Court is bound
to deal out its justice to them as to all other the
King's subjects. And, if this question had come be-
f tie my Lord Thurlow, he would have toll t!-Lan in
elree minutes' time, 44 your remedy is ;:y a Bill in
Equity." The Petitioners, for their own conven;ency,
have come here by petition, but he would have told
them, " you must tile your bill."
Mr. MoNTAou--‘, I submit to your Lordsh;p that
there are instances in which the Court has interfered
in cases like the present."
Loan CHANCELLOR-••-" Here two of the most emi-
nent Counsel in the kingdom have gone out of Court
that they might not be present at the discussion (Sir
Samuel Romilly and Mr. Hart having in the mean
time left the Court) and Mr. Hart has told me that
his clients will not obey my order. In such circum-
stances, it becomes the Court to take care how it pro-
ceeds."

Mr. MoNTAou—gc The Assignees in this case have
consented under their own hands that your Lordship
should make an order."

LORD CHANCELLOR—« What am I to rnAke of
that, when their Counsel inform me that they will not
consent P'

Mr. MONTACW proceeded to read tile letter and
minute of consent agreed to at a meeting called ler
the purpose.

The Loan CHANCELLOR said, that might have been
their intention at the time, but as soon as they con-
sulted with their Counsel they refused to consent. It
was rather too much for town and country bankers to
expect of the Court, that having involved themselves
in disagreeable relations with each other, it should, in
a summary manner, disentangle them from all their
inconveniences.

Mr. MosTAcu submitted that there were various
courses which the Court had taken to interfere in the
exercise of its equitable jurisdiction. He begged leave
particularly to call his Lordship's attention to a case
ex-parte Stevens, where his Lordship, in the exercise
of his equitable jurisdiction, h.td fairly interfered,
and told the Assignees that they were not to avail
themselves of their office for the purposes of oppres-
sion.

The Loan CHANCELLOR said, he should weigh the
arguments of Mr. Montagu with all the attention in
his power. He wished to be ascertained of the fact,
whether the Petitioners would be Creditors of the
Bankrupts, if these bills were delivered up to them.
Mr. LEACillt stated, that there was some confusion
in the accounts as they now stood ; but this should
be corrected, and a clear statement sent to his Lord-
ship. According to his understanding of the ac-
counts the bankrupts had at present a lien on the short
bills, of which, however, they were, offered payment,
to the amount of £3797. The petitioners had paid
to the bankrupts since the bankruptcy about 02i100.
The question in which he and Mr. Montagu differed
in opinion was, did this sum go, pro tante, in dibcharge

of the lien; or were the petitioners to claim to that
extent under the cc mmisston. If his debt was not
the subject of proof, the petitioner s were not cr.di.
tors of the bankrupts, independent ; of these short
bills.

The LORD CHANCELLOR wished to b iurnittel
against Monday morning with a statem embra-
cing the views both of M. Leache an I of Mr. m,,n.
tagit. His Lordship wished well to Mr. Montagies
claim, and should give his decision on the caw uu
Tuesday.

His Lordship sits on Tues lay to give judgment in
some cases which have lain over.

41SSIZE.V.

CHELMSFORD, 4U GUST 17.

The murder wli;ch was tried yesterday having oe.;
curried so much time, Lord ELLENISOROUGIi was not
able to finish on the Crown side, but sat this morning.
Elizabeth Cox, a young girl of the age of 19, was in-
dicted for the-wilful murder of her bastard child.

James Cockle, a surgeon, deposed, that the priso
lived servant with a Mrs. Martha Salmon, in the
neighbourhood of Colchester. In the month of May
last he was'sent for to the house, as it was suspected
that the prisoner htd been delivered of a child. In
her bed-room he discovered circumstances that in-
duced him to look farther, and on searching the pti:
soner's box, he found the dead body of a child tied up
in an apron. The string was twisted rive times round
the neck, and tied with a hard knot. The child ap-
peared full grown and perfect. He opened the head,
when the vessels appeared tinged as thq would have
been if the child died of, strangulation. The
floated in water ; but this, he said, was a fallacious
experiment. Ilts belief was, that the child was born
alive, though he would not undertake to swe..r that
it was.

Martha Salmon, the mistress, next deposed, that
she had suspected the girl was %1 ith child, and had
taxed her with it ; but she denied it for some time.
She observed her very iii bac day, and advised her t.;)
leave off work. The girl seemed very trawillog, and
asked, if she wea: away for a few days, whether she
would be allow cd to velum to her place ? The wit-
ness said her bed-moan Was near the prisoner's, and'
if any chili hal c: ied she must have heard it. She.
corroborate-I the sutzeoa as to the finding the body
or the child.

The Jury found ht.: Not Guilty.
The Learned Judge then directed them to say whe-
ther they were of opinion that the child was born a
bastard, and whether she had endeavoured to conceal
its birth They found her guilty of the concealment,
and she was sentenced to one vear's imprisonment.
The Lord Chief Baron finished on the Nisi Prins
side early yesterday, and set off for town.
Lord ELLENBOIMOII, in passing sentence on the
six Irishmen, convicted of the murder, observed—it
was a most mAtncholy spectacle to see so many men,
in the dower of youth and health" who, from the tur-
bulence of urrnly passion, had forfeited their lives. It
was a case of the most atrocious sort, and which he felt
himself bound to leave to the severity of the law. If the
laws is ere stifferci to slumber where they had been so
grossly violated, the country would j,istly have to dread
that such sort of turbulent riot wothd end in the mote
fo rm 4 a ble cr;me of rebellion, and weshould perhaps be
exposed to miseries which had been suffered by other
countries, to which lie would not now more distinctly
allude. Whether upon an attentive consideration of
the evidence he should be able to extract any thing
f:vourable to any of them, he could not now say; bet,
with reject to Sullivan, he could not recollect any
aggravating circumstances; he, if he recollected
!Olt, was Were:), present, :titling in the general riot.
He le xed, ‘vidi respect to all the others, there were
facts and exrresions proved which must exclude
from favour.—The Assizes here ended. •

Y•nr rersons in the neighbourhood of He cum its
drawn it!ler by the races last week, sat
down to drinking, and were in a state of continua
intox;catinn fir two or three days ; at the end of which
time they v.-ere seized with so severe an illness, that
though they were able to be it removal to their homes,
three of them, if not the whole four, are since dead.

A young min, of good appearance, was found
drowned on Wednesday morning, in the Thames, at
Battersea, ea) in notes and some silver were in his
pockets. His name, As was discovered by some ma-
moranlims, to be Giant, and he was a traveller to
a very respectable house in John-sir:et, Oxford-street.
He was supposed to have been in the country, as he
left his employers for that purieose on Saturday last.
A Coroner's Jury has sat on the body, and returned
a verdict of—Found Drowned.

Friday se'nnight, Aral:re Reditath, grocer at Ford,
near Edinburgh, was lodged in the Tolbooth there.—
I-It is accused of killing one Mac kechnie, a shoemaker.
To have a neat little Farm in this happy Isle, or a
tight-rig-ged cruizer on the Ocean, or a shop weil
stored in Lon Jon, cannot fail to please every one.
To acquire such treasures, only lay
.by a few shil-
lings we:My, and on the 19th of October they may
be possessed—the smallest share in the Lottery %via
procure them. HORNSBY and Co. can manifest tlio,e
advantageous circumstances to have taken place in
the last Lottery, and many previous ones. It wilt
be far better to comply with this voluntary adventure'
and reap .the benefits, than to pay a compulsory tar,,
from which no good can flow. HoaNsav and C 0..,
have a variety of Tickets and Shares on sale, at No-
-26, Cornhiil, and St. Margaret's Hill, Borough,
where the last drawn £20,090 was shared and sold.