Carlisle Patriot, 13 Nov 1824 - Insolvent Debtors' Court (3)

[petra.mi...@doctors.org.uk]

Saturday 13 Nov 1824   (p. 3, col. 2-4)

 

INSOLVENT DEBTORS' COURT.

 

[continued]

 

JOHN PITT, of Wetheral, shoe-maker, single man. No opposition. Messrs. MILBURN and MEARNS were his only creditors. He had not dealt with them long, he said, and had paid them some money.—Discharged.

 

JOHN RAILTON, of Workington, shoemaker, having a family of six children. No opposition. Discharged.

 

ROBERT CARRUTHERS, of Longtown, Cumberland, labourer. Not opposed. Discharged.

 

JOHN JEFFERSON, of Intack-head, Cumberland, labourer, was opposed by Mr. WILLIS, for two of his creditors, Mr. Wm. ROBINSON and Mr. Geo. WILLIS.

 

Insolvent examined.—I call myself a labourer, but I have followed walling. I was a master-waller, and have sometimes had under me six or eight men at a time, but not for four years past—not more than one within that period. I state in my schedule that in 1822 I expended £350 on my estate; I put up cattle-sheds, one pig hole, cart-house, and a wall 20 yards long and five high—that was all. Part of the farm, 18 acres in the schedule, is my own; I called it about 20 acres in an advertisement I put out before I came to prison. The other part belongs to my wife and sister. I state the produce at £30. For a year's labour I allow £15—5s. 9d. per week—but in our trade we cannot reckon upon more than half a year's labour: yet I worked upon the farm at other times. For the four years stated, I say I was doing wrong £25 a year. The furniture, which I sold, was appraised by an appraiser, at £5 15s. I had a clock when I came to prison; I do not know what has become of it; it is not in the schedule—never had a feather bed in my life. I had a horse and two cows. One of the latter was sold at Whitsuntide, the horse at Rosley fair. I never had a race-horse—did not run one last Spring in Scotland. Had growing when I came to prison, one acre of wheat, four acres of barley, and one of oats, one of potatoes, turnips, &c. The turnips are still on the premises; the rest were sold by my order since I came to prison; they were bought by my brother-in-law, Mr. TAYLOR, for £12. There is a mortgage on the property of £500.

 

By Mr. WANNOP, his own attorney.—I have been twice in prison. Mr. TAYLOR bought the corn and paid for it. Part of the £12 was expended in maintenance. My debts are stated at £283, £230 of which were bonds given. The estate was sold in September, for £550 to Mr. TAYLOR, and I received nothing for it.

 

Thomas COWAN took a mortgage on the estate in 1822 for £430. Insolvent was in his debt: he only advanced in cash £290. The sale was an open one, and the price high.

 

Mr. George BEWLEY had valued the estate for a friend, George ROUTLEDGE, and would then have given £700 for it.—Cross-examined, he said that neither he nor ROUTLEDGE went to the sale. He knew that Mr. TAYLOR was anxious to get rid of his bargain. (Mr. WANNOP intimated that the title is defective.)

 

Matthew BELL lives at Intack-head. The buildings were put up six years ago—not in 1822.

 

To a question by the Commissioner, the Insolvent replied that his wife and her sisters have an estate of 24 acres.—By Mr. WANNOP: My wife is not in possession of this estate.

 

The Commissioner said there were many reasons why the Insolvent was not entitled to his discharge. First, he had called himself a labourer most improperly in his notice. This might have misled persons. The Court above frequently sent prisoners back on this very account, and compelled them to go through the whole process anew. Secondly, the balance sheet was very defective; many things were improperly stated in it, and some not at all.—The most material part of the case is, said the Commissioner, that you have resorted to every means in your power to deprive your creditors of what little property your previous conduct had left them—you have resorted to every trick, every vexation to keep them out of what they ought to have had. Insolvents should understand that every thing must be reserved for the creditors, however trifling. Instead of this, you sell your crops, and shut up your reversionary property by a sale to Mr. TAYLOR. My ground of judgment is, that you have done all you could do to defraud your creditors, and I adjourn the petition till you shall have been in custody four months from this day.—Remanded accordingly for four calendar months, then to be discharged. Mess. ROBINSON and WILLIS appointed assignees.

 

This was the last case. The Court sat from ten till after four. Mr. NANSON made an application at the close of the business relative to an Insolvent now in custody, but was stopped by the Commissioner, who said he had power only to decide on cases brought before him, and to make rules of Court. He also, in the course of the day, made some observations on the duty of every detaining creditor to come forward and properly oppose, and not discharge the insolvent just as the Court was about to sit, and thus render him liable to be sent to gaol again by some other of his creditors (as had been the case with JEFFERSON). In such instances, it was his invariable practice to discharge the detained; and he should continue so to act till he was told by the Court above that he was wrong.

 

The Commissioner gave great satisfaction to the profession. He left Carlisle on Thursday, and held a Court yesterday at Appleby.