Star.
London, England, 1819-08-21 00:00:00

LAW INTELLIGENCE. -

~-r•

COURT OF CHANCERY, AUGUST °O.
EX-PARTE Tat 'COZIMISSIONERS, IN THE MATTER OT

BRUCE, A BANKRUPT.
This was a petition on the part of Mr. Dynly, Mr.
Wrottesly, and the Hon. Mr. E. Lamb, Commis-
sioners under the Commission of Bankruptcy issued
against Messrs. Bruce, Byown, and Scott. It prayed
that the Lord Chancellor would'Order Bruce, and a
person of the name of Davis, to be committed to the
Fleet Prison, for contempt of the Commissioners' au-
thority ; or that his Lordship would make such other
order as, on hearing the particulars of the case, he
might think proper. This Matter had been some
time before the Court, and Mr. Cullen had 4.,eady
been heard in support of the petition, Mr. Heald and
Mr. Montague for Mr. Davis, and Mr. Biute 'for
•
himself.

Mr. Cysane was now heard, in .reply, for the
Commissioners. He contended, that ,nothinf. had
been advanced on the other side, which could induce
the Court to rcfuse the prayer of this petition. His
Lordship, lie ,was called on to...support the au•
thority of. the Commissioners; awl_ for that purpose
it was nece.ssarz.not only to &Clare his opinion,. but
to act fith decsiscin ;uid energy.
_The learned Coun-
sel to make sow ,Obsetv*imls on the
conduct cif. .$l. Davis, when
Mt. HEALD interposed, and reminded hit Learned
Friend, that it had fornierly been agreed, that no
further remarks should be Made on his client's con-
duct, as his Lordship had expressed himself satisfied
as to the moives which had actuated that Gentle-
Man's conduct- .

_ ... _
A Counsel behind the Bar said, he had that morn-
ing receifectinsitructions to address the Court in be-
half of Mr. Bruce. •

The LORDCHANCELLOR said, he could not hear am-
further arguments after Mr. Cullen had replied.
Mr. Bruce's Counsel said, that in that case he
should only state on behalf 'of his client, that he felt
his judgment on some points had been misled ; that
he was ready to confess that in some instances his
conduct might have been irregular ; and that he was
now willing to acquiesce in any order of his Lordship
for submitting all, the accounts to the inspection of
the Master, by whose report he was ready to abide.
The LORD CHANCELLOR said, lie bad given the
fullest, he might say, ;yie most .exemplary hearing
and consideration to this- most extraordinary case,
considering it to be one of the greatest importance;
inasmuch as it involved the liberty of the subject on
the one hand, and on the' other, the execution of an
important branch of the law. Mr. Bruce did not
attempt to deny any. thing alleged in the affidavits
of the Commissioners ; but, on the contrary, acknow-
ledged every thing to the fullest extent. He should
long ago have given his opinion on the subject, had
it not been fossile extraordinary course adopted by
Mr. BrUce, who had, taken. the case out of his hands,
And prevented him from deciding by preferring five
bills of indictment for perjury—namely, one against
Back of the three Commissioners, nne against the So-
licitor, and one. against- the Messenger. Whatever
his opinion might be of these bills, his respect for
the law had indnced him to.pause till they should be
disposed of by a Jury. kie lamented much, that in
these cases of bills preferred for .perjury, the Grand
Jury were not competent, in point of legal knowledge,
to judge of the weight of evidence laid before them ;
for in the present instance, he was convinced, that
had they possessed that knowledge, they would not
have found one of these bills, there being, in fact,
not the smallest foundation for any of them.—
In the course of this proceeding, a doubt had been
expressed by the Commissioners, respecting their
power to commit a person for contempt before them.
selves ; and, but for the indictments alluded to, that
question should have been determined long ago; for
he should have, applied to Parliament to adopt such
measures as would have resunvedpvery doubt on the
subject. tioking at all the, proceedings, in this most
extraordinary case, bethought it his duty to direct
all the papers connected wills it to be laid before his
Majesty's Attorney General, that he might determine
what steps ought to be taken.: .
Mr. MONTAGyZ hoped .that. his.,Lordskip . would
direct the costs of. this proceeding, Which were .enor-'
mous, amonnting he believed, to upwards £700,'
to be paid out of 41e bankrupt's estate.
The Loan CHANCELLOR ordered them to be paid
out of Mr. Bruce's separate estate. Being requested