The Statesman.
London, England, 1813-08-19 00:00:00

AIM

• VA

LAW iNT Lt.
COURT OF Clll. C
Et-PARA EDMgADS, IN ir itAtyriViiiittAttans.
The Loan CitAxee.t.i.oa 11;dil tli 41'540400r
tion for superseding the commission,: a • , the
"iititigen
matter was Originally heard, bit trafftishipeU2l been
of opinion that the cominissiiin Ought to I* soperi-
*Med. It having since been moved that this should
be done with costs, his Lordship had cartietl home
.pith him the affidavits, and after carefully'Perustug
them, rern.iined of opinion that the commission ought
to be supeheded, but that it was a case in which lie
was not called on to give' costs: lie, therefore,
ordered that the commission be superseded without
costs. •

EX-PARTE lIOLGATE, IN TOE MATTER OF MARRIs.
In this case, which was an application on the part
of the joint creditors of Morris and Nicholson, to
be allowed to prove against the separate estate . of
Mr. hlarris, a sum which Mr. Maris had 'withdrawn
from the joint estate, by overdrawing his account,
his Lordship also gave judgment. lie had carefully
rend through all the nifidavits, and although it np.
reared Out Mr. Morris had, on various pretences,
overdrawn his account with the joint estate, anal that
he might by misrepresentations of the proiperous
situation of his brother's affairs have put his partner
off his guard, and caused him to look less strictly
into the actual state of accounts between Marris and
the joint estate • yet, upon the most deliberate con-
Sideration, his estate;
could find nothing in these
affidavits which brought this case within the rule laid
down by Lord Thurlow, in the case of Fendall and
Lodge. His Lordship therefore ordered that there
should be a dividend of the separate estate of,Marris,
without any proof of the debt claimed by the joint
estate Against the separate estate.
Ex-PARTE LADY - VANE TEMPEST.
Mr. Hater moved that a manager might be ap-
pointed to superintend the extensive collieries be-
longing to the infant daughter of the late Sir 11. Vane
Tempest. This Has a motion of the utmost import-
ance to the infant, as. upon his Lordship's immediate
complisuce with it, depended the very existence of
those extensive works. The Registrar had started a
doubt on the subject of this application, alleging that
it was not usual to make such an order till after ap.
pearance. r.• Hart submitted; however, that there
Gould be no: objection to a person's asking that a
manager might he appointed to take care of. this or
her own estate; and that the rule alluded to by the
Registrar could not apply •to ao application in be-
half of an infant, which .enly went the length of re-
questing that her property might not be suffered to
go to ruin.
Mr. MONTAGE; said he was instructed to consent
to the present motion. •
• The Loam Citaatemon. observed, that the rule
alluded to by the .Registrar applied only to cases
where there were adverse interests, ie which case
there could be no appointment of the kind till ap-
pearance had been entered. But where this was
asked on the part of an infant who had just succeed-
ed to estates in which there was property of this de-
scription, there could be no question as to the right
tied propriety of making such an order. Ilk Lcird-
ship was perfectly well acquainted with the works
in question, and was thorougAy convinced that to
interpose a sinale
_week's delay in carrying them ow,
might cause their entire ruin. His Lordship there-
fore granted the order.
EX-PAP.TE WATSON, IN VIE MATTER OF WATSON AND
NELSON.
Mr. Sit anwELL stated this to be an application on
the part of Elizabeth Watson, on behalf of her chit-
eti, to be allowed to prove against the estate cf the
mother, and her partners, a debt of 17,0001. due by
the partnership of Watson and Nelson, to the chil-
dren of Mrs. Watson. It appeared that the deceased
husband of the Petitioner had carried on business,
first, in partnership with his father, and afterwards
on his own account, to a very great extent; and
that, at his death he lea a large personal property to
his widow and child e After the death of her bus-
ba-nd, the Petitioner entered into partnership with the
other bankrupts, the Nelsons), when the stock in trade
belonging to the Petitioner's late husband was valued,
and guild to amount to upwards of 30,0001. Five-
ninth parts of this sum was brought into the new firm
of Watson and Nelsons, by the Petitioner, Mrs. Wat-
son, as her share of the partnership stock ; and the
remaining 4-91hs, amounting to upwards of 13,0001.
ava) entered in the books of the concern, as the pro-
peity. of the Petitioner's children, being part of the
provision made for them under the will of their de.
ceased father. This debt, with interest, amounting
to the sum of 17,0001. the Petitioner, Elizabeth
Watson, bad offered to.prove, in behalrof berchil-
dren, under the commission which had, since issued
against her and her partners in trade ; but the Com-
missioners having been pleased to reject the proof of
such debt, the:present petition to his Lordship for
liberty to go in and prove the debt became necessary.
It was impossible, the Learned Counsel contended,
not to see that this was a debt specifically set aside,
and designated as due to these children, . from the
very day of the formation of this new partner-
ship. It was entered in the partnership books
as such, and had been uniformly considered as aalebt
due by the partnership concern to the eight children
of the Petitioner, Elizabeth Watson, and her deceased
husband.
The Loan CuANCELLOIt asked, was there any per.
son on the oti•gr side?
Being answered in the negative,
ilia Lordship said, he thought the present debt was
piovealal,e., It was to be regarded- as -t loan of sfs,
muchilioney by these children, to a partnership- io
whirii.their mother .was 'concerned. It appeared,
from the moment of commencing that partnership to
Itifie been separated.and divided in the exact proper-
thon,offeuraofive from what, till then, hasj con-,
trneerLone corantoo mass, in which the moths! and
children were isOntly interested, and while the 5-9ths
were by the mutlfer threwn.into the partnershio fund
asber shait,of the capital or stock iss trade, time re-
mining -3=olhe :were, entered
.in the. books of
partnerthiV es debt, due .and 'owing by diem to
the childiels of their paranerddrs...Waison, and here
deceasd busgand. i appeared since to have
been done which could effect the right of these chit..
di.en to be considered as creditors to the partnership
concern. Their interests had not been attended to

• 1,

. .‘ ;,.;•610.. id) , 0614 .
so effectually s 'nay coigns nave wets; pa they
could now only receive payment in the saltiseiSpor-
Hon with the other •ctedltore; whereas they might,
had their interests been better attended. to, have lung
since ceased to be creditors. This, however, was no
reason aby they shoulditot be allowed to prove at
all. It a ppearectthat acme 'of the children were now
major. Let thi'proof be made'by the eldest ictn for
himself and the other children. He Lordship hoped
the mother would beware of again entering into
trade.

EX-PARTE LEE, IN TILE NATTER or LEE.
This was a very unsual application indeed, being
the Petition of Mr. Edward Lee, of Old Broad-
street, praying that the commission of bankrupt
which had 'been issued against him might be su-
perseded, all the creditors having received payment
of two several dividends of ten shillings in the pound,
or twenty shillings in the pound of their respective
debts. •
Sir S. ROMILLY, in support of the Petition, having
moved that the prayer of it be granted,
Sir Aturnun PEGoorr, on the part of the assignees
stated, that there could be no possible objection to
the supersession of this commission. •It was possible,
however, that there might be some of the debts of
such a nature as to bear interest. That the assignees
might be secured against any claims on this head, he
presumed there could be no objection to sending it
to the commissioners to enquire whether any and
what of the debts formerly due by Mr. Lee were in
this situation, to calculate the amounts of interest
due on such debts; and to order, that, on payment
of each sum or sums of interest the commission should
be superseded.
Sir Saituer, RONILLY had net the smallest objec-
tion to what was now suggested, and the order for
the supersedeas was directed to be drawn up ac-
cordingly.

PETERHEAD, Auc. 11.—The Master. of the brig
Alert arrived here this clay ; his vessel was taken and
set tire to ten days ago, between the North Faro ;
awl Shethusd, by. the President. The Alert was
laden with pitch and tar from Archangel. Rodgers
afterward took the Greenland ship Lion, which he
ransomed for 30001. after robbiug her of fishing lines,
sails, bread, &c. and throwing her guns overboard.
Captain Shand of the Alert, and his people, were
put on board the Lion, and were made to witness
the bond of agreement for her ransom. The Alert i
was the ninth ship Rodgers had taken ; he had com-
plete information of the number of ships at Arch.l
' angel, from an American who had loaded there.
GUILDHA Li.. —Yesterday George inkyte and Fre-
&rick Holland were brought before Alderman Coxe,
the sitting Magistrate, on the following *charge:—
George Godfrey, a constable, stated, that about
three o'clock yesterday morning he observed the pri-
soners, accompanied by two other persons, convers-
ing together at the foot of Holborn-hill, and sus-
pecting they had some mischief in contemplation, he
stationed himself in a convenienfsituatiou to watch
them. Presently he saw a loaded cart coming down
Skinner-street, upon which the prisoners,' with their
companions, walked towards it, and George Whyte
leaped up behind, and after having peeped under the
cover of the cart ; he came down and spoke to his
comrades, and-they separated, and Whyte and' Hol-
land went into Itedcross-court, in Cow-lane, whither I
they were immediately followed and secured. Hol-
land lodgedsin the Court, and on searching his room
a number of files were found on the table) and about
twenty skeleton keys, with a small•crow, were con-
; cealed under the bed; a bag was likewise found,
marked " Francis Hame, Plumstead." Whyte said
he was a toll-collector, and had been carousing with
his cousin Holland and others of his friends ; he was
guiltless of the charge. Hollasd said he was a cos-
; termonger; the files were his, but he knew nothing
about the keys and the crow. The Magistrate or-
• dered them to be remanded till to-morrow, for the
purpose of making enquiries concerning their cha-
'. meters.
William, alias John Chappel, accused by William
' Evans, a Welch mariner, with swindling him out of
forty pounds, in the Ben. Jonzon public house, was
. remanded till Saturday next, when we expect this
:curious case will be made public.
SUlClDE.—Elizabeih Weyman, aged 50, put an
end to her existence, at her apartments, 18, Mary-
le-bonne-lane, on Tuesday, by hanging herself with
a cord, from the bed tester. The body was disco.
vered by a woman W'hont she slept with, on her re-
torn in the evening from her work. At that time
tte'body was quite, cold; they' had breakfasted to-,
gether ib the morning. The cause of this rash act
is supposed to proceed from lowness of spirits. She
took a chandler's shop near Fetter-lane about two
;
• years ago,. and let it not more than six weeks since ;
and after paying her debts, her little property was all
gone, which is the only reason that can be assigned far
the rash act.
On Wednesday last Mr. C. Preswick, of Whitby,'
lost his life ,in the, hemane attempt to rescue from
!'tlronning a peAson *lions he observed in walking
talons the sand at that place, bbrne away by • cur-,
!lent formed by the' outset 'of the tide &and a sand-
[tank, into which he bad been inadreiteirtly drawn
'the exercise of bathing. Perceiving him 'main-
raining an ineffectual struggle to get hOld of the
stand 1, 'P. instantly stripped off his coat and
and, rushing. into the water, approached
. aso near the man as to admit of his taking hold of the
'end of stick which he held out to him for the pur-
pose. In the effort used by both parties upon this
occasions Mr. P. was borne off his feet into the cur.
:.rent, and both unfortunately perished before assist-'
'eke dOeld reach then'. The name of the other un-
fortunate sulferer-was Pattl Stott, of. Kirby, late Of
'Whitby, brazier.
The following truly affecting occurrence was com-
municated to us by a
;Donegal Correspondent:—At
. Rooney's Island, near that town, on Sunday week,
a young man, named Scott, while Walling, impru-
dently veptured in beyond his depth, althoughp,n
inexperienced swimmer.. His brother, who was .11
spectator of his danger from shore, went in ts:llis
assistance, and the tide advancing rapidly, they were
both struggling with the waves, when; their a
fine girl of 18 years old, imagined she might effect
'their deliverance, and rushing in, they- were all
three lost, in the sight of their aged and agonized
parent oa shore.