Carlisle Patriot, 13 Nov 1824 - Insolvent Debtors' Court (1)

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

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

 

INSOLVENT DEBTORS' COURT.

 

Thomas Barton BOWEN, Esq., one of the Commissioners under the New Insolvent Act, held his first Circuit Court at the Court-Houses in this City, on Thursday last.

 

The Learned Gentleman conducted the proceedings with much dignity and ability, and very rigidly investigated all the cases which came before him. Fraudulent debtors are not likely to escape so easily as they have often done.

 

The case of RICHARD BLACKBURN, of Bolton-Gate, innkeeper, was the first entered upon. No opposition. On examining the schedule, the Commissioner made some observations as to form, which should be known to the public. Before the late act was passed, it was usual to insert the insolvent's profits of business in one sum: it is now required that the separate profits of each year should be stated, in order that the Court may be enabled to ascertain the true cause of the insolvent's difficulties. In the present case, he said, the profits were only averaged, and there was no balance-sheet. These irregularities he would pass over this time, being his first Court in Cumberland; but in future, neither he nor his colleagues would overlook a similar defect, and the consequence to the insolvent would be thus serious—that the hearing would be adjourned till the next circuit, a period of four months, in order that the provisions of the act and the rule of court might be duly complied with.—BLACKBURN was ordered to be discharged. Thomas BARNES of Dockray-House, butcher, appointed assignee.

 

MATTHEW PEARSON of Martindale, Westmorland, weaver, was next brought up. No opposition on the part of the creditors, but on account of a defective notice, the Commissioner himself sifted the case to the bottom. The Insolvent deposed that he was a farmer, and held the farm at present, having a lease in it, and it was carried on by his sons, who had purchased a part of the stock, &c. sold under the distraint put in for rent, since he came to gaol. The landlord distrained for £204. Insolvent's son bought a cow, &c.; his age was 21; he was present. All the things, except what his son bought, were taken off. His lease had 4½ years to go.—The Commissioner ordered the son, John PEARSON, to be called, and he was examined on oath. He said he carried on the farm having bought a cow and the household utensils, for which he gave £20. He had been a weaver. The twenty pounds were not paid in cash at the time; he and his brother gave the landlord a joint note for them. The farm consisted of 24 or 25 acres, and they had now only a cow on it. He did not know how it was that Mr. THOMPSON left so much rent in arrear; he was not related to witness's father.—The Insolvent was again examined on this point. The rent was £45 a year. When Mr. THOMPSON could not get his rent, "he said manage away, manage away; but the times were bad, and I had bad fortune, so could not pay rent—I never paid any."—The Commissioner said the Insolvent was entitled to his discharge, but there was an obstacle to it, which was this, that due notice had not been given to Mr. THOMPSON, to enable him to oppose, provided he were inclined.—The  Insolvent's attorney explained that that circumstance originated in his error. The papers were lodged at his office in his absence, and he did not meet with them till too late to serve the regular notice. The Commissioner ordered his discharge as soon as Mr. THOMPSON's consent was properly verified to the Court above.

 

WM. ROBINSON, of Cockermouth, surgeon, was next called upon. There was no opposition. He had no debts due; but he had placed at the disposal of his creditors his share in some property left by will, amounting to between £300 and £400, more than enough to pay 20s. in the pound. The Commissioner named the principal creditors, Messrs. TAYLOR and Co. of Liverpool, and Mr. John ALLISON of Penrith, as assignees, and ordered ROBINSON's discharge.

 

JONATHAN RICKERBY, of Wigton, yeoman, was opposed by Mr. WILLIS, attorney, on the part of Wm. ROBSON. On being sworn, he said—I am a householder; my goods were all assigned over in July last for equal benefit of my creditors, but no sale has taken place; I don't know why the assignees have not taken possession and sold. The house and furniture were a year before assigned to my daughter, reserving my life's estate. I had no design at the time to wrong any one. I had another daughter married to a man named COULTHARD; and as he often applied to me for money, my daughter thought I ought to do something for her too.—He then enumerated monies to the amount of several hundred pounds which he had paid to various persons, a great part of it on account of COULTHARD. The amount of securities given to the assignee was nearly £530, and no statement of it appeared in the schedule. His daughter, he said, was willing to give up the conveyance made in her favour.—The Commissioner, in pronouncing judgment, said: This is a disreputable case. We never will tolerate that a man shall choose his assignees at the moment of arrest, convey all his property over to them, and they refuse to act. (The insolvent's attorney wished to offer some explanation.) No explanation, the commissioner  continued, can get rid of the fact. The property has been taken out of the jurisdiction of the court to answer an improper purpose. The trick, however, is a stale one to me; we meet with it every day in London. I ought, perhaps, remand the Insolvent for a definite period; but I shall only adjourn his case till next circuit, in order to see what the assignees have done, and what may in the mean time have been done in respect to the daughter. Let other Insolvents take warning, and act more honestly.—Adjourned, generally, till next circuit (four months).

 

EDWARD BREMNER, of Wigton, a lieutenant on the retired list of the 2nd Royal Veteran Battalion, was opposed by Mr. WILLIS for the chief creditor, Porter KITCHING. On examination, it appeared that he had stated his debt to Mr. SHEFFIELD, butcher, at £2, when it was £6 : 3s.; but the reason was, he said, that he had not received his running account, and thought he owed him no more. He had not entered his half pay into his schedule, which was £136 per annum—he did not know that he ought to have done so; he acted entirely by the advice of his attorney. He had ten to family; nine children, and a sick wife.

 

The Commissioner ordered the balance of the debt to SHEFFIELD, and the half-pay to be entered.

 

Mr. LOWRY, insolvent's attorney, asked if the 22nd clause of the last act applied to military half-pay? He construed it to affect civil officers only.

 

The Commissioner.—The reason of that is, that the old act previously provided for military and naval officers. Civil officers were at first omitted, so that the defect was supplied in the last enactment.

 

The Insolvent was ordered to be discharged, the court reserving £20 a year out of his income, for two years, to be paid quarterly, for the benefit of his creditors, most of whom are small shopkeepers, and ill able to sustain even a small loss.

 

Insolvent.—I proposed to pay £3 a quarter; I can't pay more with my family.

 

Commissioner.—I can't help it—it must be so.

 

JOSEPH SIMPSON, jun. of Glasgow, victualler, was next called on, but it was found that he had been previously discharged.—Petition dismissed.

 

THOMAS DOBSON, of Whitehaven, mariner, not opposed. He attributed his insolvency to the loss of two vessels in 1821 and 1822, of which he had 4-16ths, and never received any thing for them. His wife was with him in gaol, he said, and they had no home to go to.—Discharged.

 

 

[to be continued]