Insolvent Debtors' Court,...
Juhn Deacon came np to be heard on his petition to be discharged, and was not opposed by any crelitor ; but it appeared that he had E been discharged under the act last year and had since become bail for the appearance of a person, who, at a previous sessions, had been apprchended, amenRst a number of othera, at a gaming. table, in consequence of which the insolvent's recognizances were ordered to be eatreated, which. howtver, on application to the Court, was reversed. The insolvent's costs in the case amounted to tp. wardls of twenty pounds, for wlhichl he was arrested by his attornev. Air. HEATH, on behalf of the insolvent, submitted that he had not become secutity fot the payment of another person's debt, but for his appearance; and his having becomne liable te the payment of costs on that account might be considered a misfortune, which would enable the Court to grant him the benefit of the act, without the con- sent of three-fourths of his creditors, as it never could be the inten- tion of the Legislature that for such an act of confidence in aniother he slhould remain in prison for five years. The Cou ttT said, they could not agree In the learned gentleman's suggestion-the ivords of the act were, that the insolvency should arise from unavoidable misfortune, to.enable the Court to discharge an insolvent a second tine within five years without the consent of three-fourths of his creditors; and certainly that was not the pre- sent case. Joh1n Padanici; was a shbpkeeper in a small way, in the parish of St. Luke, and sold his stock for 501. the day before he was arrestel, immediately after which he employed an attorney to take the benefit of the Act. IHeaccounted for the expenditure of the money, part of which he paid into the (Court for the benefit of his creditors. The CO U RT said, it was clear that the insolvent had disposed of his property with the intention oftaking the benefit of the Act; and the Court eould never sanction a proceeding that took the adr;uinis. ttatton of an insolvent's property out of the power of the Court. The insolvent should:be dealt with as leniently as possible, which was, to remand him four month. WPiUXanm Benijamin Veatont opposed by Mr. P1IEIMERGA5STj on behalf of AMcssrs. Williamns and Co., bankers. Theinsolventstated that he had been in the employment of Nessrs. *Villiams and Co., and incurred a debt to them of 1,7001., part by bills of exchange, which were discounted for him and not paid, and part by his bank account being overdrawn. His account was fre- quently overdrawn, atnd often there was n large sum due to him on it. He was cashier at Alessrs. Williams's bank, and always drew moner out of the bank by checks, which he sometimes paid him^ self, hut he never paid his own checks to himself. flis account was constantly drawvn oat atilhonOt all the othefs, two oF three times a week by the ledger-keeper, and gcab by {he bankent. He kept an account o,t their bank 23 years. His insolvency was caused by a loss of 4,0001., which be sustained by a petrson of the name of King, in the year 1818. Aiessrs. Williams and Co. continued to allow the insolvent to overdraw his account to the year 182l2. Nis checks never were returned by the bank, they were always paid; he did not pay three in a hundred of the checks himself. He left Alessrs. WVilliams and Co. in 1822. and has paid them near 2001. since, by the means of his wife's property, which redl- ized about 9001., the whole of which he divied eamongst lisj credi. tors. He might have drawn a small check himn.1f, and taken the money foi it, but not often, nor to a. large amount, and certainly not for the purpose ofcoRcealment. He never made a fatse entry nor omitted to make a true entry, in the books. They were balanced every night, and if they did nor agree, a discovery of any erroneous entry would take place. The insolvent's examination being cloed, Mr. EArAt, hise coun- sel, observed, that he did not think tn necessary to say any thing.- The Court roncurred in the opinion, and dlischarged the insolvent. John .fonk, a knacker, was opposed by Air. Heath, for Mr. 3Birley. The insolvent stated, that he was arrested at the sult of George Simpson, hisbrother-ln-law, for 101., borrowed fromrhim be. fore Christmas, for which he gave him a bill after Christmas. There was adetainer lodged against him by his cousin, Joseph Monk, for 181., due for horses purchaued from him to be slaught*r- ed. He could net say whether the debt was in bisbooks, a there wasta robbery committed on him same time tbout Chistetnat; he could not say the time the robbery took place, orly it was i{ thbewinter. HiEi premises were broken open in the nlght; notfilng was taken but lOs. worth of hair, and his two books, toe thieves might have taken the books to collect the debts i Joseph Aonic was a horse.alaughterer as well as himself; the 18L due to hirm was fen six or soven horses he Onsolvent) could not say which. He broke his leg In 1X21-1 iM. EUEATH..YOU have put 1822 in. your balance-sheet to ace- count ,for the expenditure of money you received that year. Insolvent.-So it was 122. A)r; rHEATu.-Consider nowr, whether you had not better swear again. lVaslt two years ago oz three? The Insolvent (he6itatlng.)-l think it was this time three yearsm Mr. HEATH._-You're swearinigall maaner of falsehoods; tale- care, for your own fake. Thomas Farmeaton etated -that he hadvbeen sevant to the insol.. vent, and about a year ago was sent by hira to Mr. Wirley to borrow. three v fneas which Mr. Birley refused to lend. When witness earnc back to the insolvent, he sent hitn again to AMr. Birley, to nay therwas a horse at the doorto 'e sold, and he waTted the money to pay for it. WYitness went with the mnesoage. and Mr. Birley lent the money. It was not true that Xhfere wva a horse waitlnt at the door to be sold at the time, Witness, had lived with the insolvent near two years, and never kt1iP taf.blli buying a hprs from Josph Monk. Mr. HEATHe waa proteedlog toaddreas the Court,, when MIr. Conimaover I.A2ls oWerveol5 Oft before the Qiete would proceed to judgment in the ease, the insolvent n1ns: giva bctt r Proo: of there being a Aetainiing ereditor' deb-t If there was no such debt, his petition must be eismissed of con.Trse. * Thecase was adjourned togive the insolvent time to produce hit detakning c?'Mitrrg to prov7e their debts. WWiqrn Stepjedo', whbo described himself a commercial agent, 'was opposed by Af,V Auber- oe the house of Anber and Sayer. warehousemen. I.Ir. Auber it*tel, that. a person of the name of Jane Chamrber, who dealt with them in a small wa, any l Owed them 201., being in distress, applied to thewt for a loan of 201., whicih trhpy agreed to give, if she could give any security. She im- medriately biorght the itisolvent. who she said wit- lher uncle, and was execetr of a- person who left her divi.mds of)n stock, wvhich amuounted to 401. agyearj which he received for her. The insolvent made the same statemnent, aad accepted two bills of 201. each, on which Auber and Sayer advanced moneyo to Jane Chambers. The ineolvent deniied his having represented himself us executor. The CounT said, there could be no doubt to whomi t give cre- dit, and remanded the ihsolvcnt for nine mouths. INSOLVENT DEeTORES' COURT, Ocr. 9.