Carlisle Patriot, 19 Nov 1825 - Insolvent Debtors' Court (1)

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

Saturday 19 Nov 1825   (p. 2, col. 6 - p. 3, col. 1)

 

INSOLVENT DEBTORS' COURT.

 

Mr. Chief Commissioner REYNOLDS held a Circuit Court, at the Court Houses, Carlisle, on Wednesday last, for the Relief of Insolvent Debtors. The business commenced at ten o'clock; and although eleven prisoners came up to be discharged, the Court rose before two.

 

On taking his seat, the Chief Commissioner complained of a want of due respect paid to him in Carlisle as the head of the Court to which he belonged: instead of being left to find his way to the Court-house alone, he thought he might at least have been escorted by the bailiffs who usually attend upon the law authorities.

 

Thomas RADCLIFFE and John BROWN, not opposed, were discharged.

 

John COULTHARD was examined soon after the opening of the Court. Notice had been given that opposition was intended; but no one appearing for that purpose, he passed his examination.

 

In a short time, Mr. Geo. SAUL, attorney, entered the Court, and stated that he had that moment received instructions to oppose COULTHARD from a client who resided at a considerable distance from Carlisle: Might he not be permitted to ask a few questions?

 

The Chief Commissioner said, certainly not. The notices had been served for ten o'clock this morning, and all persons interested should have been in attendance at that hour. If a deviation from this rule were once permitted, no one could tell where it would end: great irregularity would inevitably be the consequence.

 

Mr. SAUL requested permission to put a few questions in order to ascertain certain facts relative to some of the insolvent's effects, without prejudice to the order of the Court. This, also, Mr. Commissioner REYNOLDS refused as contrary to the rules of the Court: but he had no objection that Mr. S.'s client, Wm. ROBINSON, should be named as assignee.—Insolvent discharged.

 

Ann THOMPSON, of Botchergate, publican, was not opposed. In her schedule, her insolvency was attributed "to the depression of the times."

 

The Commissioner asked her how the times, during the last year and half, had so affected her as to produce insolvency? and receiving no answer, he condemned the allegation as improper and absurd. The causes of insolvency must naturally be as various as the circumstances and occupations of the insolvents; but the meaning of the "depression of the times," as he understood, was that state of things which affected every one. After examining the prisoner, the Commissioner complained that a proper account had not been rendered; for without it, how could she safely swear that her schedule contained a true account of all the debts which she owed; for if she swore falsely, she was not only liable to be visited hereafter by this Court, but to be indicted.—Discharged.

 

James ROME, tinman and brazier, Wigton, was not opposed. In answer to questions by Mr. REYNOLDS, he said that his shop at Wigton had been kept open by an apprentice till about a week ago, when it was shut; but he had never been supplied with any money from it, nor had he any furniture.

 

Mr. TELFORD, auctioneer, was employed to appraise the insolvent's property. There was some furniture in the house, and he made a statement of that part of it which belonged to ROME—only a chest and bed. Mrs. ROME's mother, an old blind woman, was on the premises: she told witness that all the rest had belonged to her from a very early period.

 

The Chief Commissioner handed Mr. TELFORD the schedule, that he might read a printed note of directions on it, to the effect that he ought to have reported all the goods in the house, besides those said to have belonged to the insolvent.—Why had not this been done?

 

Answer: Because the attorney, Mr. WANNOP, was aware that the goods belonged to the old woman; and as he had not been desired to take an account of them, he thought it immaterial.

 

Mr. WANNOP said he had given no instructions for the omission.

 

Chief Commissioner.—The note especially refers to cases like this. It is one of the most common frauds practised upon creditors, and I beg you not to neglect it in future.

 

Mr. TELFORD said he would not. He was now sensible of his error: he was misled by the residence of the old woman in the house.—Insolvent discharged.

 

John HODGSON next came up: he was unopposed. He had no creditors but two attorneys, and nearly all he owed was claimed by Mr. LIGHTFOOT of Wigton, under the following circumstances. He had been bound to Mr. LIGHTFOOT, on behalf of a man named MOFFAT, for £25, Mr. L. agreeing to take the amount of MOFFAT at £1 per month. But not fulfilling his promise, insolvent was obliged to pay the money. Afterwards, LIGHTFOOT applied to insolvent to employ him to recover the amount of MOFFAT, on the principle of "no cure, no pay." He proceeded, failed in his action, and then came upon insolvent; hence the present debt!

 

Commissioner—So you got into this scrape by being bound for another man?

 

Insolvent—Entirely so.

 

Commissioner—My advice to you is, that you never be bound for another while you live, for if you are, you may be again obliged to go to law, and the law is a bad thing for those who have little money.—Discharged.

 

John THOMPSON was opposed by a Gentleman who said he attended on behalf of Mr. HUTCHINSON, of Middleton-in-Teesdale, but was not an attorney, only a managing Clerk, though he had been 25 years in the law.

 

The Commissioner said he could not permit him to act.

 

The Gentleman said he attended at Appleby, last year, before Mr. Commissioner BOWEN, and he made no objection. He told Mr. BOWEN that he was a clerk; but that his principal was then confined by a broken leg.

 

Commissioner—Therefore it was impossible for him to come. That made all the difference. Will you make an affidavit, now, that your principal is unable to attend? Even at Quarter Sessions clerks are not allowed to attend.

 

The Gentleman said he did not wish to impose upon the Court. He could not make such an affidavit. But he begged to observe that he was never before objected to, either before magistrates, judges, or any one else.

 

Commissioner—If you could have stated to me, as before Mr. Commissioner BOWEN, that your principal was unable to attend from illness, I would have admitted you; as you cannot do that, you must employ an attorney.

 

The insolvent was then remanded for a short time, and meanwhile the Gentleman instructed Mr. Richard DIXON to act for him, who stated that the opposition was on the part of Joseph HILL, one of the creditors, and the ground of it, that the prisoner had some interest, through his wife, in certain property not specified in the schedule.

 

Mr. WANNOP, for the insolvent, was willing to shew Mr. DIXON all the proper documents, and to make such an alteration in the schedule as should secure the creditors the benefit of the alleged property, if it existed.

 

This offer was accepted; the necessary arrangements were made in court, and the insolvent received his discharge. On the motion of Mr. DIXON, the Chief Commissioner allowed the costs of opposition.

 

 

[to be continued]