The Statesman.
London, England, 1821-02-28 00:00:00

',411D

_
orharernosta C. restaTassone.
The plaintiff is this ease was bore sometime in the
?ear -anattaral son of the late. Earl of Strath.
riore, by Mary Minster, now Countess of Strathmore.
'the late Eatl married the said Mary Millner on tThhe
9.1 of Jnly, 1820, and died on the nest day. e
flaintiff, by his friends, has filed a bill, which charges,
that by the marriage of his parents as above stated,
the plaintiff, according to the la'sr of Scotland, was
legitimated, and that he is therefore entitleti to the
title and dignity of Earl of Strathtnore, and the other
F:atch titles and Scotch estates possessed by the late
Earl. The hill then prays that proper persons May be
NP to defend.and establish the plaintiff's rights
as above let forth.
To this bill the defendant, the Right Hodn. Tin bar
homas
Eowes, the brother of the late Earl, pleaed
that the plaintiff is not in law Earl of Strathmore, nor
ratitled to assume that title, and that the defendant.
who in the bill is impleaded and stied by the name and
ticteription of the Hon. Thomas Bowes, is in law E
of Strathmore and Kinghorn, and ought to be inspleati-
c•l and sued by that name and dignity. In sopport of
this plea the defendant averred, that at the time of the
plaintiffs birth his parents were unmarried,
aw awl were
bein a bla-
natural-born subjects of the King, resident l atomi-
c:led in England ; and that the plaintiff, g
cud at the time of his birth, is incapable iu law of in-
trriting the title, style; and dignity of Earl of Strath.
Mt ire.
Mr. Haar appeared for the defendant in s upport
eac of
the pl• a. In this case there were- two persons, h
;Arming himself to be Earl of Strathmore,bnt it was evi.
dent that there could he but one real Earl of Starathmorae
in existence. It was of the most vital importnce tht
the Court shauld determine who was the Earl of St rath-
Inure. The Learned Counsel contended claimcing to English law, the plaintiff had. no what-
ever to the'title.
Mr. floarda followed on the part of the defendant.
He understood it was to he contended on the, other
side, that the defendant's plea was nntenable, liecause
it involved a question of.dignity which the court had
no power to discuss. It was not however a tplestion
'.f dignity merely, bat a qftestiott relating to dignity
inseparably connected wills prnperty, and on an issue
tosdered to the court by the plaintiff's own bill. The
plaintiff, in his bill, states that he is entitled to certain
baronies in Scotland as Earl.of Strathmore, and prays
that, as the defendant claims these baronies, the conrt
Mill appoint persons to secure the plaintiff's itiVrests
in them. It was impossible for the plaintiff to s:ty that
he will not suffer the defendant to litigate the question
of property when he has himself brought him into
court to discuss it. If the plaintiff nets not the Earl
of Strathmore, the defendant ads: and until the qua-'
tion should be decided in his favor, the plaintiff should
not be allowed to come into court in possession of
pri-
-IHeffe3 which might operate to the disadvantage of
the defendant.
Mr. SIIADWALL. on the same side, contended it had
always been considered necessary to give a party his
right designation. The real question to be decidei
was, whether the nattral child of a Scotclonan cobs-]
biting with an English woman becanws entitled to a',
Sento% estate by the subsequent marriage oh
wasf bis
parents. The casts of Patrick and Shedder, whic
argued in the House of Lords in 1 SO9 weuld serve
far a precedent on this point. The circumstances of
that case were, that a Scotchtuatt in America had a
r.atural child, and afterwards married its mother,
which, however, according to the laws of America, slid
d
not legitimate the child. The question to
decid
in the Hous o Lords was whe.her this ttitild was en-
titled to thee Scf otch estates, of the father, and it was de-
termined that he was nut.
The LORD Cuattcst.t.on observed that, :wonting to
law, if aScotchman went to the East Indies and served
in the Kings forces, he was still a 'e.soteltstsan ;
hat if be entered the company's service, he was no
larger a Scatchinan, hut immediately got isvo the pro.
'ince of Canterbury.
After, Mr. Sit anwet.t. had proceeded with some fur-
!'ter ohservationa, the LnaoCIIANCGLI.OR observed that
there was a petition from one of the parties now be-
fore the House of Lords, and lie suggested that it would
be most adviseable to let a committee of privileges
determine the question of title, before proceedin
wore carried farther in this court. His Lordship
a 'tied, that he would use Isis influence to induce the
Itottse to take the case into immediate consideration.
The counsel for the different parties appeared to
approve of the snggestion of his Lordship, and we un-
derstood that the defendant suffered his plea to be over-
titled, upon use nnderstanding that it should not pre-
. jedice his claim to the title.

COURT OF KING'S BENCH. Ormon FM 4n.
(At Nisi Enos. before the Lotto Cant 41:rtice.)

GROUT t'. UELLISII.
This was an action for money hail and received.
The defendant, who is an auctioneer, put up to sale
certain lands in Hertfordshire, of whirl% the plaintiff
became the purchaser, paying 17/. deposit. and 2/.
1 tis.
section duty. When conveyance was to be made. the
vendee was 'dissatisfied with the vender's title; and he
new sought to recover from the auctioneer 171. de•
posited, and 2/. los. auction duty. and 131. for law
i erases and interest of money. The,defendant said,,
thot/the vender's title was good, and that the °hire-
Os* of the vendee was frivolous and vexatious. The
',station turned upon the conittiletion of a will ; and
'tire Jury, under the direction of the Lortl-Chief-u
Jac'. found for the plaintlff--illatniges 30/. subject to
a special case. . .
CROWVIIEII tt IkltAtlta AN pilearm.
his was an action of tower •for certain goods be-
‘Congiug:to the plalotitt, a spiister, who-had 3.0406-
.
r4l ~• to her dece.isod father's estate, ~which ttede-
, • daits, as assignee; of her father, had wrongfully
eouverted to their own use.
plain:in father waa the
at Wtattniosteroirbentlast act
fired by the jury. Under the
!lased, it was agreed. o isols
a!bityationoind a•verstict for
.to a retwort .= • • •.•
led the whole day on easel of

ir--‘......;;-4

• . --mes—
Year'slav a 'netting of Cteditors soder a ommis
.
'ion of Bankruptcy In this case, took place in tiaildhall
The parties had been eminent annnity brokers, and the
claims on the Bankrupt:state extend, it appears, to a vast
amount, both in number and ratite. The first meeting
of creditors had been attended by an unprecedented
throng of anxious and desponding creditors i and the
second which- was held yesterday, presented a scene of
confusion very difficult to describe. The place ap-1
pointed was the lower Irish Chamber, but on the ar-
rival of the Commissioners, it was found so crowded
„that an adjournment to therotirt of Common Pleas
was agreed on ; before, howeVer, the persons concerts-1
ed . could approach the Court, that also became se '
Crowded, that the Commissioners, to avoid the pressurel
proceeded t.- the Ilustings in the Great Hall, where
they opened the proceedings. As soon as this became
known to the persons who filled the Court of Common
Pleas, they all rushed forth with the greatest eager-
ness. The Consissioners, and other persons on the
Hustings, were soon so pressed by the !timbers that
smt:roanded them, that an adjournment to the Court of
Common Pleas, which was by this time empty, was
:wain agreed on, anti, after much difficulty, the Com-
mis inners and persons immediately concerned in the
proceedings, succeeded in making their way to ' it,
through a crowd that were evidently asf
distinction
as
they were numerous. 31auy persons o
were present.
The Commissioners stated, that it was not thought
adviseable to proceed to the ele•ice of Assig•tees sititil
a greater nnuiber of creditors should have proved their
debts, and desired any creditors who were present to
proceed with their proofs.
Several debts were then proved without any olomer-
ration, but on Mr. Johnson proposing to prove a debt
of 701., a considerable incursion took place.
Nlr. Johnson stated, that the only evidence be hail
lof the bankrupts' being his debtors Was their own
h mhs, by which it appeared th A they 11.1$1 received a
1 dividend of 70/. on his account on; of Mr. Wellesley's
estate. Mr. Whims was K 1 plied to, to say whether
1 that sum was really tine to the elaintant ; lie replied,
that having no access to his books since the commis.
sion hail {smell, he could not positively answer the
question ; hat accor.ling to his recollection the money
had not been received for Mr. Johnson, attliongli he
it might possibly be placed to his credit in their bu .ks.
H • explained this by saying, that they frequently in
their hooks debited the account of.a person for ;vivo',
they were to ply money, anil creSited the a •eottlit of a
person for whom they werf to receive it, without any
actual receipt or payment of money having taken
place. •
The Commissioners, after this explanation, inquired
of Mr. Gibbs, whether lie could by hil hooks deter-
mine the true state of every person's aceonnt with
whom he and his partner hail money transactions.—
Mr. Gibbs declared positively that he could.
Mr. Montagne. who was Connsel for the bankrupts,
ohjevted to receiving Mr. Johnson's claim, before it
• houlil be ascertained whether the bankrupts had re-
ceived the money from Mr. Wellesley's estate ; lie
said this was a questi 111 l of vital importance to the
creditors—it trite not Mr. Johnson's claim for 7thl.
that was to te deciapol by it, but claims to the amount
of 10P,0001.
The Commissioners, after some coosnitation, said,
Mr. Johnson's claim must be received, subject, of
course, to be either confirmed or disproved by fur-
ther evidence.
Mr. Montague stated 'to die Commissioners, that
several persons entertained doubts of the validity of
the petitioning cre.litor's claim, and that
.it isiielit pre-
vent a great deal of unnecessary trouble and expense,
if lie were again, and more particularly examined in
proof of his debt.
Tim: Commissioners said, that the petitioning credi-
tor had sworn to his debt to issite the commission ;
that they had examined him respecting it before they
had opened the commission, and again on his proving
antler it ; and they eertainly would not now call un
him to contradict what he had so repeatedly sworn ;
a proceeding which they conceived would not he
strictly compatible with their duty.
Mr. MONTAUCE said, that if he were Counsel for the
petitioning creditor, lie should stronely advise him to
have it ascertained beyond the possibility of a doubt
whether the claim he had made on the hankrr.pt's
estate was a valid debt, as if it sirottill turn out at any',
stage of the proceedings that his claim was not valid,
the whole of time expenses would fall on him. The
Learned Gentleman said, he had known a cas.. in which
a Commission hail proceeded so far Out upwards of
6000/. expense hail been incurred, after whirl' it was
ascertained that there was, in fat t, no (lebt due to the
petitioning creditor, and he was in e?nsequenre obliged
1 to pay the whole expense ; it was, therefore, very dearly ',
the interest of dr! petitioning creditor in this ease to
ascertain that important fact, of which at present mach
doubt was entertained in the early stage of the pro-
ceeding, and it was also the interest of all the o her
creditors, that if the present commission had issued
illegally, it alight be set aside, and an unexceptionable
commission issned. If the Commis.ioners bail any
doubt 44 their powers in time case, a short petition could
be presented to the Chancellor, by which the question
ronld be immediately decided.
The Commissioners said, :hat on the apprAntnment of
Assignees, any inquiry into time chains of the petitioning
creditor that might be thonght necessary could take
place, hot they had done all that in the present stag e
of the proceedings was either usual or nee ll sa lv.
The Commissioners then appointed March 6th, 10th,
13th, and 17th for receiving proof of debts, aud March
the 44th for the choice of Assignees.

Who ever heard of :Mi. being preferred to 21,000/.?
-A ad yet such will very probably be the ease To-stoaaow ;
.as tbetonly INckets and Shares now on sale are those
which have been returned ; and which may eventually
rain all the ,treat Capitals. Those who repent of their
rsihness and wish for their numbers back again, are
advised to apply immediately, and they may possible
obtain them. At all events, a few are now on sale
ana
if they cannot get the identical nm e
kiwi i or
überi they parted with,
it would be wise to secure a chaser of. som
lether, sad not be an idle spectator df. Ow Golden tisr7
'vest sthirlt is sere to he ,speed nett rittirelel. liken
Thrp of 21,411.1 a asnst ire derided •In •tbe :Sid. rat
e
Minutes.

.... .

I
4. •
•

~.,'Fbe bnitroptty of the
li”tbjeq of tua:yetterday ai
.41. bPall fit Pec*orati, ?I apt i ve
.itirtr*Anets:D?is disclose
•atittrOerthe Ow to at
, . ,
alma tAett, Object.
.. ithe ern, Ira% occopio;
no itololic interest.

. tlywolioa
. •. .