The Statesman.
London, England, 1819-08-28 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCtRY. Aro. V.
utetcntx V. CARTER.
The Court was engaged daring a considerable part
of the day in hearing the argernents of Counsel on
this ease, which was brought before it on I pe-
titions, which had been presented by the assignees;
and also on one presented by a Gentleman named
Tesler, on behalf of himself and several other cre-
ditors. The ease, which was commented on with
warmth. was principally argued on the petition of
Mr. Taylor and the other connected creditors. which
prayed that the present Commission might be super-
seded, end a new one issued. On the 10th of No-
vember last, the Commission was issued at the de.
Tom, of Menu. Mattresses and Co. and assignees
were subsequently appointed. From some eircum.
stearin connected with the conduct of Mr. bliochlo
the elder. in relation to a request made by him on
the ewe of the bankruptcy, to the hoes. of Master-
man and Cn. to become the petitioning creditor, for.
were entertained that the Commission was
and the petition was presented to the Court praying
for its inierferreee is brieging tire matter to a proper
state. The Attorney• General, Mr. Horne, end Mr.
Rose, argued es behalf of the Petition of Mr. Taylor'
and the other creditorsi Mr. Callen and Mr. Mon.
togs for the assignees; Mr. Ilfild for the petitioning
creditor, Messrs. Moslems's end Co. ; and Mr. We. I
therell appeared for Mr. Minchin, jun. the son of !
one rf the bankrupts, an Attorney, who hail been
employed at the time of she issuing of the Commis-
sien, to act in behalf of the petitioning creditor, as'
well es of the bankrupts.
The Lono CHANCELLOR, after having patiently;
attended to the arguments advauced on all sides, re•
eapitolsord the number and nature of the petitiellte
which hal been presented to the Court. The pest.
lion of Mr. Taller sod the other creditors, was
foemied upon their apprehension of the invalidity of
II e Commission, arising from the probability of the
C,.mrriseion being what was called, the Commission
of theflankrept himself. It hail long been decided that
a Commission which should have been issued in con.
rert with the bank rapt, should be considered as null.
An attempt to slier the laws respecting bankrupts had
been made tiering the last Session of Psilisment. and
the Bill which bad passed the utilise of Commons
was lost, in consequence of the late period at which
it hail been presented to the House of Lords. Wlse.
them there mieht not he a permission in it for a man to
make himself a bankrupt. could not then have any
ether. The Court felt no hesitation in deckling that
she character of Messrs. Mesterman and Co. was free
from any imputation Welke to the issuing of the
Cetntnk.ton, for they had acted from proper motive.
Bet t!-• f • were circumstances (obverted with the
c of ste Cnmnsirsion, torch es the eeillo/me"
of (h. same 'gent by both the 'wiles, which ems
theri.ed tie Court to ...permed* the Commission. The
costs mould net be denied to be paid as the petition
desired. There was nothing in any of thepetitions
Imputed to the Assignees as improper, sod the
Court knew no blame which could attach itself to
them. The welt question was, upon whose petition
the Commission should issue, and how it should
be connected with the former one; the role of the
Court was, that the first petitioner should have it
Issued in his name; the Court, therefore, without
say log to e hem It ought to be Issued, would direct
the Secretary of Bankrupts to give the Commission
to the first Petitioner, and if he declined it, to the
second. With respect t• the Cotssintrets, and to
ben place in which the Commissionsio should be bold,
the Court saw no reason for departing from the usual
practice of sending it to the same Cotrinti.sioeere, to
be held in the same place. With respect to the debts
et Portsmouth, a new euziliary Commission might be
issued. The first Commission basing been thus din-'
posed of, the second was to proceed as the fist ; and
there was to be nix, ty to the future assignees to sp•
ply to the Court for farther directions, with permis.
sloe In them to shift the proofs under the first to the
second Commission. If sufficient attention had not
been paid to the ease, the Court hoped that the
Counsel engaged in it wield make any observations
which to them might seem necessary.
Mr. Ilest.o was desirous of knowing what the
costs should be.
The Loan CHANCELLOR "said, that according to
what the Petition desired, they should consist of the
amount paid for superseding the Commission, for the
order then pronounced by the Court, and fur the ap-
plication then made.
The great number of persons who had crowded the
Court doting the proceedings then departed.
The Loan CHANCELLOR sat until a quarter post
five o'clock, wises several other Beekrupt Petition
were disposed of.
Ilis Lordship will sit from ten o'clock to.ntorrow
until two, for the purpose of terminating the list of
Bankrupt Petitions. 'The Sittings will lista close
before the vacation.