The Statesman.
London, England, 1823-08-12 00:00:00

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-----1/0171Cr Dr Auo. 11.
The Court was again occupied in bearing Bankrupt Pee
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IX-PARTS IMERTII, Ili Tat NAM., 07 IMACOCK anti
etimert.
'is was the Petition of the Assignee under the third
commission, appealing freest decree of the Vire-Chancel-
lor, which ordered the former creditors to receive hot of
the present estate, to the prejudice-of the persons claiming
in the regular way. The question tallied was of a perfect-
ly novel deseriptien, namely, it fts itsbetber creditors who
Dad been ',rowed to prove tinder tbistegond commission
(though they had not availed thentatises of tbat right) were
entitled to prove, purl passe, with the other creditors, under
a third commission? Peacock, it appeared, having enter-
wl into partnership with a person named Middleton, became
bankrupt in 1813 (it being the second commission against
Peacock).—After the issuing of the Joint commission,
Peacock became entitled to property to a large amount by
the death of his uncle, A
'tad thereupon the joint creditors
on the estate of Middleton and Peacock petitioned for leave
to prove against the separate estate of Peacock, which they
were permitted to do, and Peacock entered into partnership
• with Gibson, and shortly after a joint commission was is-
sued against diem. On this occasion the former creditors,
having previously discovered that Peacock's property was
swallowed up under, the second commission, had declined
proviog ender that commission, but prayed for leave to
receive pari paten w ith the creditors under the third cons-
mistion. ' They contended that the sth George 11. gave
them this right, as it enacted that io a case a bankrupt had
notli ,id more, thm fifteen shillings In the pound, his future
'Recta. were liable, notividistanding he bad obtained his
cernfi:ate. On the other hand, the permission given thee
Ly the elder of the Coto, although they bad not ioforced
it, together with theft signing the bankrupt's certificate,
whrtOurged as a bar to the former creditors claim. Tbo
csiseenf Coverlet r. Motley 16 Rast, and Reid and Sowerbyst
4114 ed and • Silwyn,irere cited In support of this *Jew of
4 al* qtrestion." fn thelatter case an action had ben begZa
ior the residing of the debt, after the creditor had
under a commission- when the Court decided that his vary
wooing to prove. bad taken away all claim to the future!
cericts, shhoogh the dividend bad not amounted to fiffsem
" 'shillings.
I frhe Loan CILANCILLO66-.2nlig was a most intporrhum
• ease, because it involved a perfectly new principle in bank.
eupt proceedings. His Lordship had hitherto supposed
that there was no such thing as the right of action scalns;
'a hankript after he had ot•tained his certificate. He was,
,aware that there were other methods of recovering the prop
petty; but it was worthy of consideration whether, If the
:future effects were the profits of a subsequent trade, they
vete also to be so dealt with. Could, for instance, those god:
timer who had signed the certificate under the second
commission, take out a new commission against him with-
out the aid of the other creditors? and if they could not,
hod they a legal claim under it, after It had been issued?
On these several queries his Lordship would get the opi-
• tido of a Court of Law, and he would take care that such
g taWathfrold be exhibited to the Judges of the King's
to insure a competent knowledge or the subject.
Theirrfncipal question his Lordship took to be was, whether
the eh fieo. HI. had hitherto been properly. construed.
sad whether propit decisions bad been made to the bank-
rupt cases that bad been disposed of ? If not, it was pro-
, p•r that he should be corrected ; and be would take care
• that the King's Bench should go the lengtb of saying that
Ire was either right or wrong. At preaent. lie refrained
from sit frig' shy opinion.
- The Court rose at six o'clock.

• POUCH.
Bow Sraerr.—On Saturday evening, a respectable
yoking young man, named John Militant Rogers, alias
Brown, was brought before Mr. Mrxsttuxt,, on a warrant,
charged with attempting to defraud a Mr. Scott, a tailor in
Pali Mall, of a snit of clothes.
• Tie prisoner went to Mr. Scott's Atop a few days ago,
and ordered a suit of clothes, to be made in the first style
of elegance and fashion, and said he should pay ready mo-
res for ir. In a day or two, however, when the clothes
were nearly finished, he called again, and said it would not
be convenient for bias to pay ready money, but he would
• give references of the most unexceptiooahle kind. lie re-
• ferred foe the Rei. Valentine, Chaplain to the London
• Hospital, `ho. be said, knew him and his family perfect!?
well. • The following morning, Mr. Scott was just leaving
his•htitite, for the purpose of waiting upon Mr. Valentine,
• to ascertain if the story of the prisoner wets true, when the
" twopenny pottmast brought a letter which he fintnd pur-
e ported to come from Mr. Valentine, and gave a very good
account of the prisoner, describing him as being very re-
spectably contented, and the son of a gentleman residing at
Haelington, Middlesex. Mr. Scott, boo ever, more cautious,
perhaps, than tradesmen generally are, waited upon Mr.
Valentine, who on seeing the letter declared it to be a fa-
brication, and said he knew nothing of the prisoner, except
from his having been a patient in the hospital, and his hav-
ing heard hint say that be was eery respectably connected.
The. Rev.oentleman added, that he was glad to hear the
prisoner was likely to be brought before a Magistrate (Mr.
Scott having told hint that he intended to take out a war-
r..nt against him.

Thtiprisoner, in his defence, said he was very much sur-
prised that Mr. Scott had taken so hasty a step as to have
him taken into custody, without first malting enquiry as to
his cha-a •trr anl the respectability of his connesioos. Mr.
Scott nerd not have been se easily alarmed, for he would
hare receiv,t9 every farthing of his money. The Magis-
trate would recollect, that he had not actually obtained
the clothes, and therefore he conceived he bad committed
sea orfruwe cognizable by the law.
The Magistrate ordered the prisoner to the watchhouse,
end yesterday he wa again broucht up, and Mr. Valen-
tine attended, and swore that the letter was not written by
It was rorproted by the pri•oler that he might he re-
manded till IVednestlay, to give him time to make applira-
tiOn to friinds to come romand in his behalt—Remand-
tict Wed:leaky. --
Mr. Yalentias stated that the prisoner was the son-in-law
of Mr. Ilrolyn, the late proprietor of the Old Humtnums,
who now resided at Harlington. He married the prisoner's
mother.
I Noav oe.—A Paphiaa nymph, of forbidding
wit.) stated her name to be Charlotte Smith, was
placed at the bar on a charge of stealing a watch and seals
from the person of David Read. David, whe is an Hiber-
vian, and had the appearance and demeanour of a blunt ho.
pest fellow. came fore ard with great reluctance to make his
charge. He stated, that on Thursday last, whilst he was
standing. at the curver of George-street, St. Giles's waiting
f ,r a (tient thePtitotn•t, an I another lady who was a black-
antoor, came up to him and asked him to treat them with
half a pit of beer each. .‘ And that I will," says he, and
with tt ;it" he took them in.o a ;Wale-house, where, in-
stead of beer, he gave them *• sharing, in three quarterns
of gin."
Sir R. BIRNIE—Thers von were wrong, David ; you
should have confined your generosity to the extent of their
request.
David—Well so It mired. your Worship ; but I am a sol-
dier of:fortune myself, and considering the prisoner and
poor &reeky near, a-kin to Miss Fortune also, I thought
Insight as well not Drake two bites of a cherry, but give
them the gin instead of the beer. Time was, your %Ver.
ship, when I shod,' have been clad of the same kindness
myself ; and while I Ihe.e a shilling I'll never see a re-
seals want a drop, nor shall she be "al asel if I can help it.
•-nlie Urntrutli-Yoar sentiment.i.do you honour. IV! at
rz • you?
Ditiii—Faltb. $l4 I'm now ajoarneyman opho'ltaer,