Carlisle Patriot, 09 Jul 1825 - Insolvent Debtors' Court

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Saturday 09 Jul 1825   (p. 3, col. 3)

 

INSOLVENT DEBTORS' COURT.

 

Mr. Commissioner HARRIS held a Court for the Relief of Insolvent Debtors at the Court Houses in this City, on Thursday last. He took bis seat on the Bench at ten o'clock, and immediately proceeded to business.

 

Joseph CRONE, late of Westnewton, labourer; Peter O'HARE, late of Brampton, hawker; and James FORSTER, late of Craigburn Well House, parish of Stapleton, were discharged without opposition.

 

Sarah TIFFIN, singlewoman, late of Cockermouth, shopkeeper, was opposed by Mr. WANNOP, for Mr. John HODGSON, the detaining creditor. On her examination she said that she kept no books, but entered all that was due to her on a slate, a transcript of which she brought to prison with her on a piece of paper, and from that she gave in the statement which appeared in her schedule. She had paid her detaining creditor several hundred pounds,—a great deal more than what she owed him at present. About three months before coming to prison, she offered a composition of 7s. in the pound, but that was refused. Her father had paid part of her debts; on him she was now entirely dependent, and if discharged must return under his roof. She brought only £2 12s. to prison with her.—The Commissioner said if this was all, she had not been very extravagant. She was clearly entitled to the benefit of the act. Discharged: Mr. John HODGSON, assignee.

 

Thomas GRAHAM, late of Carlisle, labourer, was also opposed by Mr. WANNOP, for Mr. John WATSON, the detaining creditor. It appeared that the insolvent's wife lately kept a shop in Carlisle, but that he for three years past had lived in the country, apart from her, as a farm servant. The only debt due was to WATSON, (who is a miller) for flour, and that was contracted by his wife, and he knew nothing of its existence till arrested for it.—Discharged.

 

James WELSH, late of Longrigg, parish of Bromfield, farmer, was opposed by Mr. WILLIS, for Mr. Robert DIXON, nursery and seedsman. By the examination of WELSH, it came out that he had dealt largely as a nursery and seedsman, as well as a farmer. The debt due to Mr. DIXON was for trees and seeds. He had paid that gentleman more than £170 since 1819, and at present owed him only a very small balance. Here a bill of exchange for £100 was handed up to the insolvent with his name on it as acceptor, but he declared that he did not know the writing was his, and swore that he believed that it was not! He had had nothing of Mr. DIXON, he added, since July 1824. The Commissioner looked at the account current, and found that bills answering to it, amounting to £350, had all been paid. He did not see what consideration there was for the £100 bill which the insolvent denied. Mr. WILLIS said he could not explain the difficulty. Mr. DIXON was in London: it was not likely that so respectable a man would have had the acceptance without a consideration.—The Commissioner wished from his heart that Mr. DIXON had been present, for the matter was of infinitely more importance to that gentleman than whether a hundred pounds had been paid or not, for the insolvent, upon his oath, wished it to be inferred that his signature had been improperly obtained.—Mr. LOWRY, WELSH's attorney. said the insolvent had always stated the same thing to him as he now asserted, but he advised him to admit the debt upon his schedule, as the safest course, he thought, was not to dispute it.—The Commissioner was not sure that was the safest course, for if the debt was not owing, it was an injustice to the other creditors. If two of the £50 bills in insolvent's possession were a renewal, then he could readily understand that for the £100; but it appeared, according to WELSH's assertion, that all the £50 bills had been taken up with cash at Mr. SCOTT's Bank, at Annan. If these bills ought to have been given up, the insolvent was acting a very dishonest part. He might have misled the creditor exceedingly in first admitting the debt, and thus coming here to dispute it upon oath.—The inquiry then took another turn, from which it was shewn that the insolvent had improperly described himself in the advertisement, calling himself a farmer only, while he carried on an extensive business as a nursery and seedsman, and his creditors were chiefly of that profession. There was also some irregularity in the entry of the property sold after his arrest. The result was, that the Commissioner remanded him till next circuit, in order that these irregularities might be corrected, and that time might be afforded to explain the mysterious affair of the hundred pound bill. The Commissioner said he would allow the insolvent to amend his schedule or evidence in regard to that transaction: he advised him to mark well what he did, and not subject himself to a prosecution for perjury.—Remanded accordingly for four months, and a new advertisement of intended hearing to be published.

 

Joseph DAVIDSON, late of Catlowdy, labourer, was opposed by Mr. PEARSON on behalf of Sir Wastel BRISCO, Bart. The insolvent had occupied a farm in Bewcastle called the Ashes, the property of Sir Wastel, for 36 years, and his family, he said, had held it for at least 100 years before him. The extent of the estate was 360 acres; rent £100 per annum. He had paid his rent, &c. up to £13 15s. but an award was made against him for £22 3s. for dilapidations—amounting altogether to £46, and for this a distraint was put in, but there was then little or nothing on the premises, the insolvent having disposed of his stock, at a valuation, to his son for £87, which sum he accounted for by shewing that he had paid it to various creditors. Evidence was also given to prove how the son became possessed of the purchase money. The old man declared that when he left the farm he had nothing; that he was afterwards in the workhouse, and must have remained there, had not one of his sons taken him out and maintained him. At present, he said, he had but 5s. in the world.—The Commissioner thought there had been nothing unfair in the poor old man's proceedings, and ordered him to be discharged.

 

Thus the business ended. The Court rose so early as one o'clock.