The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-07 00:00:00

insolvcnt.

The insolvent denied that he had secreted 3 quantity of furniture,
or that ha had made an undue preference in favour of Mr. South-
gate, a bookseller, in Fleet-street. A short time before he went to
prison he had a meeting of his creditors, when he offered to give up
all his stock and effects for their benefit, on condition that they
give him a general release, to which proposal the greater part of the
creditors acceded, but the opposing creditor never came to the
meeting... . . . . . . .

After. r. Lutwych had examined the insolvent at great length,
that gentleman was interrogated by Mr. 111:A711—The witness ad-
mitted that in consequence of some information he obtained from
Mr. Schobread, he menet, o the insolvent in the King's Bench, when
he told him, among other things, that be (Mr. 1..) had been in.
formed that he had fraudulently removed a considerable quantity of
furniture, which he hod better give up to his creditors, and be an
hone.' man, in consideration of his wife and family ; he admitted
that I.r, addressing the insolvent, said, "if you don't mind I am
a devil, and will stick to you like brides and mortar." (A laugh.)
He might also have threatened to oppose the insolvent, and get him
sent back to prison for rive yours. Upon being further greased, the
witness would not swear that, in hit intercourse with the insolvent,
lie motioned the creditors generally, but spoke in reference to his
own tight. _ _

At the awe of the evidence Mr. Hravu made the following
novel spoliation ;—The Learned Gentleman said that he cons,.
dosed that the opposition against the insolvent we' one of • frivolous
and sc.:sties' nature; he would therefore apply to the Court to im-
pose on the opposing tveditor the costs of the opposition, which
they had power to do under the I fi,b sec. of the Act of Ist George
IV. Although this statute had been long In existence, an applica-
tion like the present had never been made ; but it Win Isiah time
for creditors to know that they were not to convert a benevolent Act
of Parliament into an engine of coercion. It was quite clear, by the
admission of the opposing creditor, that be went to the insolvent in
prisen with a view to obtain a fraudulent preference, the effect of
which would be to entail perjury on the insolvent. That creditor
had gone first to hold out threats founded on statements he had ad,.
milted were untrue, and then added, " Mind, l'in a devil, mid ut"'
lees you comply with my demand, VII stick to amt like bricks ano
mortar, and get you remanded for five years." 'faking all the facts
into consideration, the Learned Gentleman imploml the Court to
make an order for the opposing creditor to pay costs. inasmuch as
be had not the shadoW of a pretext to make a eom:Anint.
The Cnii.r COPIXISSIOXER said that it was a matter of sue.
prise to the Court that no application had ever been made to it un.
der the section of the Act just quoted. It was clear that a great
many effective oppositions were brought before the Court which
warranted the Court to remand the insolvent ; but it could not be
denied, on the other hand, that objections were frequently urged
upon vague onitatementa founded upon hearsay, "Mien hod neither
parole or documentary evidence to support them. flow creditors
could consider that the Court would, upon such statements, de.
price a person of his liberty, he (the Chief Commissioner) was
eta loss to know. With respect to the present case, the Court cos.
'Sieved that the opposing creditor might have received some iu.
formation from Shobremi, which induced him to go the King's
Bench Prison to the insolvent. Were it was not for this probability
the Court certainly would have considered this a ft case in touch
exercise their authority, under the seceitsn al the yet alluded to,
which measure, as the matter rested in some uncertainty, they
not have recourse tn. %Vida respect unlit insolvent lionself,
!tad been nothing itliluecl to make out a case agent him;