Carlisle Patriot, 19 Nov 1825 - Insolvent Debtors' Court (2)

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

 

INSOLVENT DEBTORS' COURT.

 

[continued]

 

James COWPER was opposed by Mr. BLOW for the principal creditors, Messrs. PRICE & Co. In his examination, Insolvent said, in answer to questions:—"Before I went to prison, I was a tea-dealer more than two years. I was committed on the 16th of last month; at that time I was possessed of book-debts, furniture, &c. They were sold by the detaining creditor, and Mr. ARTHUR, of Carlisle, the assignees. I made no application to any of my creditors before I executed an assignment, which I did the day after I came to prison, and on that day, also, I gave notice of my intention to take the benefit of the insolvent act, in case they refused to come into that assignment. I made an account of my effects, and the amount was about £100; I believe my attorney, Mr. WANNOP, has it."

 

Mr. WANNOP—(Holding up a scrap of paper)—This account came to me yesterday.

 

Insolvent continued—"The furniture was sold—so I was informed; and the assignees sold the debts also—so Mr. ARTHUR told me—at 2s. 2d. in the pound." Some further facts having been extracted,

 

Mr. BLOW submitted that the conduct of this man was such as to render him unworthy of taking the benefit of the act, as he had evidently acted fraudulently from the very beginning. The purchaser of the book-debts was a friend of the Insolvent's; and with this person there was no doubt a collusion, for was it to be believed that they were worth no more than 2s. 2d. in the pound?

 

Mr. WANNOP said the debts were small ones, worth little, on account of the difficulty and expense of collecting them.

 

In reply to another question from Mr. BLOW, COWPER stated that the debts were sold to Wm. JOHNSTON, his brother-in-law, and that he at present possessed them.

 

By Mr. WANNOP—Some of the debts were contracted to me—some I bought.

 

Chief-Commissioner—The assignee in Carlisle (Mr. ARTHUR) is a creditor to the amount of £3 : 15s.: the other creditors, I perceive, to the amount of £217. Under the 6th section, an insolvent shall deliver a schedule, containing a full, true, and perfect account of all debts and credits. I cannot allow this person to have the benefit of the act one way, and his creditors to be shut out in another. He does every thing at the same time. But I would have him, and all insolvents, bear in mind, that a discharge to an insolvent is not a discharge of his debts; for if he act wrongfully, his future property is in the power of this court, and he may be punished for perjury besides.

 

Mr. WANNOP—I advised him under the idea that it was impossible for the creditors to refuse to take the property assigned.

 

Mr. BLOW—The assignment was all a collusion. I submit that the petition should be dismissed.

 

Chief-Commissioner—I won't dismiss it; but I shall adjourn it till next circuit (four months), in order that the schedule may be amended as to the debts: in fact, that an entire new estate paper may be made out. (Addressing the attorneys.) Tell your clients, that if they wish to take the benefit of the act, they must come into court, make a fair surrender of all property and not dabble in any thing else.

 

Mr. WANNOP said he had not been able to distinguish between the debts contracted to the insolvent, and those which he had purchased.

 

Chief-Commissioner—I hope the man may make arrangements, so as to satisfy PRICE & Co. his principal creditors.—Remanded for four months.

 

James LITTLE was discharged. This prisoner was remanded three years ago, by the Magistrates, for fraudulent conduct—the utmost punishment awarded by the act. By some mistake, the schedule was not signed, though the certificate was sent up to the Court above, and in consequence the prisoner had been detained an additional four months.

 

Henry SHERWIN, pawnbroker, had also suffered three years imprisonment, by remand of the Magistrates, for concealing a considerable part of his property—£186.

 

Mr. WANNOP said he was sorry to oppose the liberation of a man who had been in confinement so long; but the prisoner had not yet accounted for this sum in his schedule, though inserted there.

 

Mr. LOWRY, for SHERWIN, urged that he had a wife and a large family: moreover he had suffered the full penalty of the act, and could not be further punished for the same offence. The money spoken of had been applied in his own and family's maintenance while in prison.

 

Commissioner—The rule is, that the Commissioner, on the re-appearance of an insolvent, after remand, shall be satisfied of the truth of the facts, &c.

 

Mr. WANNOP—He has inserted a sum of £186 as in his possession, and he has not paid it over.

 

Commissioner—Having suffered the full penalty of the law, I cannot remand the prisoner an hour longer. Our jurisdiction is civil, not criminal. The principle of it is, that we shall interpose between creditors and insolvents for the benefit of either or both. If wrong be done, the Court has still a hold on his future property; and if he swear falsely to his schedule, he is liable to an indictment.

 

The prisoner confirmed what Mr. LOWRY had stated, as to the expenditure of the £186 for the maintenance of himself, wife, and family; and said he had not now a farthing in the world. His brother carried on the business in the same house, though he lived with him as assistant before he went to prison: he did not expect to regain it, nor to carry on business again any where.

 

The Commissioner ordered his liberation, but branded him with the charge of being "a most fraudulent insolvent."

 

James WELSH, remanded last circuit by Mr. Commissioner HARRIS, who was not satisfied as to his description of certain trees, now received his discharge.