The Statesman.
London, England, 1812-08-12 00:00:00

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LACeiktgLLIGENCE.
COURT o r Cii ANI cEltl". Atrousv 11.
SZ-PAiiTc WIIITTBRI46, • IN TUE si.trrea or sit kw.
This was a peition by Which Messrs: Whitbread'
and Co. sought 'to have. the lease of a pnblia.house,
belonging to the Bankrupt disposed of, and the pre-
coeds applied in discharge of% debt of tooOlj advanced
by the Petitioners to the Bankrupt at the time of bison.
tering into the house, in security of which the Bank-
rtipt had given to the Petitioners a lien upeteldsj
lease, which he deposited in Mr. Whitbread's hR
for this purpose. Mr. Temple, the distiller, had
also advaaced,to the Bankrupt 6pol. at.the time sti
his entering into the house, and on his part it was
now contended, that the lease had been deposited
with Mr. Whitbread as a security for his debt also.
Besides these two sums, Mr. Whitbread had, of a
mere reeent date, advanced to the -Bankrupt 1001.
and be now claimed a Ilea on the lease,• mitt fee the
10001. merely, but fir the 11001. I
The LORD CHANOIRLORI !ward Counsel
on a former day, this morning gave his judgment oil
the prayer of the petition. Ifie• Lordship iris de- •
eidedty of opinion.tbat the Petitioners had a lisn'es•
the lease in question, to the Watt of the sum of
10001. originally advanced by !.item. As:•to the
cluiteset op by Mr. Temple to a lien on the lease
for the sum of 6001. advanced by him to the Bank-
rupi, his Lordship could see nothing in it. The'
doctrike nn which this claim was built had bet* ear. I,
Tied as fates it WOW ur
well he cartied by fowl Th.l
low • but his Lnedshtp never yet. heard et any ease
in which it was held dist &lease deposited as a seed- .
rity with one creditor, could be available to a third'
perry, as affording hint a lien on What was not ac-
teeny in his possession or under his contfoul. His
Lori hip was, therefore, of opinion, that the lien
was available to Mr. Whitbread to the extent of.
1000. but that Mr. Temple bad no lien on the lease,
in loestion.
Mr. CULLRif, for Mr. Temple, contended,. that •
therb bei int an understanding or agrtwment at the time,
that Mr. Whitbread should not insist for payment of
his till Mr. Temple's 6001. should be paid,
but that the Bankrupt should go on making pay-
meats in estiuction of • this 6001. in the first
in-
stance; this showed that the payment to Mr. Temple
was to take precedence of the payment to Mr. Whit.
bread.
The Loan CHANCELLOR saki this was the node&
standing undoubtedly ; and would naturally continue
so' while the debtor was in a state of solvency ' • still
the Petitioners coeld not by any such understanding
be deprived of a clear preferable right which they
held, and the very fact of the bolding of which might
have made them less solicitous as to the order of
payment in other respects.
PANTHEON.

• 1, 7

EX-PANTE CUNDIE IN THZ SATTrit 5? CIINDIS. 1
This was an application on the part of the Bank-:I
rupt to have his commission superseded, on the
ground that be had ceased to be a trader, previous to'
the period at which the debts now doe by him had
been contracted. The affidavit of the, Petitioneel
bore that he had been a buildert and of course had
been subject to the Bankrupt Laws, bating phsed
his litallhoed by biet2,l2 and selling. In May, 11114
however, ho had to be a trader, and embark.
eel his whole capital in an edventere,though eta pub.
nature, still of itch a deseriptios as could not
bring him within the meaning of tbe•Bankrupt Laws.'
Be had porehased from Captain Green!. the Pan-
theon for the stun of 16,0001. intending, under the
patronage of Lord Yarmouth and others of the nobl.
lity, to fit it up as a poblic theatre. Vol' fernishings
to this undertskieg, and not at all for furaiskines to
the Petitioner, as a trader, were the petitioning
Creditor's debt, and the debts of alkthe odor per.
ions who had claims against him, contracted.
Sir Slimes. ROMTLLT supported the application
for sneer •erliqg the Commission, which was opposed
by Mr. Il ter.
The Leo CIANCILLOR said he shouldlook Leto
Site affidavits, and give his %gains to-morrOw.

TO THE EDITOR OF TIIS STATESMAN.
, Sta,-4 very erroneous report of a law case
hiving appeared in your Paper of Saturday, under
the ti,le of " Uoyd v.,Roberts," copied, as I am in.
formed, from a Morning Paper, you are desired to
iusert the following stiteessat.
J. POW CALL.
Staple Inn, Aug. Kt. ISIS. •

A onov 7.
IIYDDELTON(CHIRK cAs MK) ESTATES, DERBY-
SHIRE. ~

DIDDIMPII V. nOsERTs, WEST, AND *OTHERS.
This was an application to the Court on motion by
"the Plaintif (by marriage entitled to one third of the I
estates) to have .a receiver appointed, the Defendant,
Roberts,. also vrasisppeinted agent of the estates b?
the. late LorttlEiin:iron and filieWilliam'Putteney,andi
the Defendant Lioyd. (Trustees of the Estates) hiving
omitted to produce some of the vomiters for the ac. 1
counts defiiered to the auditor, teas year 1808, bat
on which accounts he had paid the Waimea ;and also
ha rink neglected to bring in the farther accounts, ex-
cept for the years 1808 and liNte'retmatly sends.
The motion was opposed by the' Defendants, West
and M),tldelton (entitled to tweAlitdl of the estates)*
who filed a hill of partition spinet Mr.* Mn.
BRltiulpli, two years ago, but which Mil had net yet
tren answered ; and althangh they admitleathet r.
Roberts had neglected to send in the accounts, ha
had made largo remittances to the .111vskers el the
Surviving Trustee, and It did mot ittar that-he ever
had any considerable balance in boa.
The LORD CHANCELLOR said, thet lila accounts
should be passed -annually, and Seemed it to the
Mater to ippoint a receiver, who allieliliasits alma
negligence, withhold the salary sad_ interest
on balances ; anti, in reply to as iittawatam by Dall
of the Counsel, his Lordship said, he wield not say
whether Mr. Roberts was, or was Nova proper person
to be appointed the receiver.
The Marquis of Questioning's .met WO of 'his
farmers with,their ploughs on a kid, Dear Dumfries,
on Thursday last; where, after wlinessing,their shill
in turning the foriow, he presented them with a
eumpttious entertainment. He is a very munificent
man, and beloved by the people for his feellierity
and generous temper.