Case No. 17,837.

WILSON v. STEWART et al.

[1 Cranch, C. C. 128.]¹

Circuit Court, District of Columbia.

June Term, 1803.

CHANCERY ATTACHMENT—BRITISH BANKRUPT ASSIGNEES.

In a chancery attachment against a British bankrupt, the court will permit the assignees of such bankrupt, on giving security and producing a copy of the proceedings of the commissioners certified by a notary-public, at Liverpool, in England, who is certified to be such by the American consul at Liverpool, to be made parties to defend the suit, and to release the attached effects.

[Cited in Addison v. Duckett, Case No. 77.]

Attachment in chancery. Security given, attachment dissolved.

Mr. C. Lee moved that the assignees of Stewart, under a commission of bankruptcy taken out in England, might be admitted as defendants. And to show that they were the assignees, he offered a copy of the proceedings of the commissioners, certified by a notary-public at Liverpool, and a certificate of 225the American consul at Liverpool, that the notary was a notary-public duly commissioned, &c. Act of Assembly, Rev. Code, 168.

Mr. Taylor objected that this copy is not within the act of assembly, and there is no law authorizing such copy to be admitted as evidence.

Objection overruled, and the assignees made defendants.

Mr. C. Lee moved that Stewart might be admitted to answer by his attorney in fact.

THE COURT did not refuse to suffer the answer by attorney to be filed.

¹ [Reported by Hon. William Cranch, Chief Judge.]

This volume of American Law was transcribed for use on the Internet
through a contribution from Google.