The Statesman.
London, England, 1815-11-22 00:00:00

I.IIV INTHLLICIeNa.'

COURT OF CHANCC:tY. Nor. 21.

EX-PARTE EARTWRIGIIT, IN TOE MATTER OP WHITE-

IIfIUME, A BANIMPT.

This was an applica tirra on the part of the assignees
of a person of the name of Davis, an uncertificated
bankrupt, who had been allowed by the assignees
under hia former commission, FlViiirdell il, June,
381`2 to commence handing n second time, on his
own acconiit, and in that manner to ecquire a pro-
port y, to ty‘coni• a creditor of the bankrupt, and to
take out a commission neeinst him ; to have the com-
mission super.eded, on the ground of ;there being us
petitioning creditor's debt due to the petitioner, but
that the same wls doe to his assignees, he being ay
uncertilicated hankrept.
;Mr. SlosurAuu soh!, he had understood this pet
tition to lie over, to gise Mr. 'Preslove time to en-
quire at the assignee, for whom he appear. d, if he
*vete willin4 to take the petitioning creditor's- debt,
Ise pay iog the cspences incurred in recovering it.-
11e submitted, that where the assignees under a com-
mission of bankrupt allowed the bankrupt to em-
bark in trade before he hail procured his certificate,
and in that way to acquire property, which they
afterwards claimed, they must in justice, on so
doing, allow him all his expences incurred in the re-!
covery of it..
Mr.iihwe said, the assignee was perfectly ready
to accept.ot the aebt, but not on 'the Co)ilitioti of
beidirstilposed on. Ho felt 11111101 f 110'001 to kayo
Hilt' this eneortiSsien must be sopersetb-a, It molt t
put tßsittli• throe twiug too debt due to the petisionii*
Eretiltotv on which it could be supported. Will
there ioy thing he asked, in the conduct or this
orterrtificated..balikrupt. who, in suing not a cont.
iiission against Mr. Whitehouse, swears thatll debt
is due to biro, which he knew well was tiottlue ter •
him? It would be extremely hard on assignees so
situated, if they were obliged to entitle them to al
debt equal to. half the amount of suing out a corn. •
an,issiott, to pay the costs of a commission to a bank.
mit who had so conducted himself.
Moortcu subniitled, it was infinitely more
eangeroas, and contrary to the practice of that
Court, where an assignee had suffered a bankrupt,
before he had obtained his certificate, to trade and
to recover a debt since acquired by him, to the
UlllOlllll probably, of 1001. at the expence of 5001. to
come in at the last, and claim it all, without allow-
ing one farthing to be paid over to the bauktupt.
Mr. fit at. contended, this was an irregular mode
of proceeding to recaver his debt. If it was a had
commission at law, who would say itshould be mani-
c ined in this Court?

The Lotto CUANCELLOC—Actinns at law could
be maintained for payment Ora debt by an nuceiiili-
catiul bankrupt, without iitlyerentleman choosing to
butite, that in this Court, for at least hullo cett-
tory; a contrary prdt tice bad prevailed in commis-
sions. Now his Lordship co,icelved, after it was
held• that itetiona. at 1a..., could 1).. maintained, it
would distress them coi.solerably to point out the
diireretice why a comtni:sion could not ho snstuioed
if theirs could. As he understood it, all that a
fotmot•Strignee could claim was•the clear profits of
his .bikkiupt's after-trading, after dedticting all
imp. tires.

Mr. MONTAGU said he held in his hand another
petition in the same bankruptcy. ft was the petition
of Mary Ann Andrews, who was a creditor to. the
patent of 473 i. and of certain other creditors of the•
baukrupt, praying that the commission might not be
superseded, hut that the said Mary Ann Andrews
might be allowed to become the petitioning creditor,
in the place of the other petitioner, and that no new
commission might he awarded, nor any additional
exponce incurred in this case.

these being no affidavits in support of this

petition,
Air. HARI mowed, and Mr. Mowratat consented,
that it he di,rnissed with costs.

The Loan ..:1ANc.1.4,r.0n, yt.tid, let the last petition
he distnistwd tit cost:. The former petition in-
volved a question of law, and would be a lit case to
go for the tleri-ion of 1 Court of IA %V • 11.. 51%4111111,
houaver, read the affidavits, and direct %list should
be done.