The Statesman.
London, England, 1821-04-06 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY. APRIL 8.

AIATTRIA OP 110WAAD £7llll 01111111. DAXIMPTS.
Mr. HART presented a petition on behalf of the
assignees of Messrs. Howard and Gibbs, praying that
Mi. George 'With, the solicitor of the petitioning
creditor, may be ordered to deliver up the cotumissios,
aid all other papers under that bankruptcy.
Mr. HIRAM) requested Mr. Hart to allow it to stand over
for a short time; be understood that his Lordship
bad been specially applied to yesterday, to allow this
to be beard this morning, but be bad not yet bad time
to look into his brief.
LORD CreasesLioa—An application was made to
me yesterday, to permit this petition to he beard the
first this day, and such strong reasons were adduced,
that I consented, being confident that no person bad a
right to bold papers, because he had a lieu on them.
The Court was then occupied a short interval in
bearing other matters, when
Mr. Haar rose to address his Lordship on the sub-
ject of the petition.
Mr. WOITOMARID, at the request of Mr. Heald, in-
Oired the reasons for the immediate pressing of this
. 110664"-
Loan CRAIIIICRLLOII will tell you my reason for
ordering this to be beard any ; it was that I was eon-
Went that no perms on the ground of having a lien
sse these proceedings, could for a 'moment hold them
from the assignees, and I will now bear the petition,
aid give time for the reply if I think it necessary.
• Mr. HART then stated that assignees bad been cho-
sen on Saturday last, and that they, accompanied with
their solicitors, Messrs. Richardson and Fisher, ap-
plied to Mr. G. Smith, for the proceedings, and they
were surprised by meeting with a refusal, but said he
would produce them to the Commissioners. A letter
was afterwards sent by Mr. Smith to Messrs. Richard-
son and Co.. stating that he could not deliver up the
proceedings, his bill of costs not having been taxed,
but that they were at liberty to inspect all papers in
his possession, and on this refusal be trusted his Lord-
ship would grant the prayer of the petition.
Mr. Mous-sou followed on the same side, it was, he
said, of the utmost consequence to the great body of
creditors that there should be the least possible delay;
that there hail already been upward. of fifty meetings.
and that there was at this time an execution in the
house of one of the bankrupts.
Mr. Wurraisesu opposed the petition, and said that
Mr. Carrol, one of the assignees, had tendered for
proof, before the Commissioners, a debt of upwards of
13,000/., which he as counsel fur the petitioning cre-
ditor, had opposed, it being made up of insurance
transactions. Ily the bankrupt's books it appeared
that the greater part of it had been balanced, and that
be bad received an interest of 251. per cent, on some
of those transactions. At the appointment of assignees
two lists were presented, one of lose fide creditors,
and the other of friends of the bankrupts, and the lat-
ter was chosen in consequence of the immense dispute
debt of Carrot's, in conjunction with his colleagues,
exceeding by 6,0001. the amount of the debts proved
by the creditors on the former list.
The LORD CHANCILLOR.I am of opinion, that the
assignees have an undoubted right to the papers after
they are chosen, and that neither the petitioning cre-
ditor nor any other person on earth, has any more to
do with thew. They must be delivered of course.
In the course of the discussion of this petition, it
was understood that other petitions relative to the
same bankruptcy were about to be presented, on which
The LORD CHANCRLLOR said, my avocations in the
Legislature, and other matters in the Lords, at this
t.me so much engage my attention, that I must refer
them to the Vice-Chancellor.

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