The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-26 00:00:00

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, Ago. 23.
•
The CHIRP Comattestostmt sat this scorning for the purpose
of hearing motions, &c.
IMPORTANT QUESTION. -
Itt THE HATTER or CHARLES OSIITH, AY INSOLVENT
DEBTOR, CONFINED IN BRISTOL GAOL.
Mr. Coast moved, on the insolvent', affidavit, that his petition,
new on the tile of the Court, be dismissed. The circumstances
iikthe were these i--On the 19th of August, 1830 insolvent *u cum-
milted to the gaol of Ilchester, wheats. Itioned this Court and
I obtained leave to be heard before the Jug ces of the Peace at the
then approaching Sessions for the county of Somerset. When he
was so heard the Alagistrates adjudged the insolvent to be im.
prisoned for twelve months; but after he remained in prtaon nine
months, he gave his detaining creditor a warrant of attorney, and ,
thereby obtained his emancipation.
Subsequent to his liberation lie had contracted a new debt, and
in June last he was committed to Bristol gaol, where he now is
in confinement.
The applicant's affidavit set forth, that it was through ignorance
how to proceed that he did not petition the Court within the time
allowed by Act ofParliament ; but at length he had been advised
to pray that his former petition, &c. be dismissed, previous to a re.
Dewed application.
The CHIEF COMMISSIONER I/Dhell to know why the insolvent
wished to have his petition dismissed ?
Mr. COOKE replied, that It was under the supposition that he
had riot taken the benefit of the Act, inasmuch as he had not un-
dergone the quantum of inirrisonment which. the Court had
a a tinted.

Tne CIPIT COMMISSIONER thought that the supposition was
groundings.
Mr. Coons said that a difference of opinion existed on the point
another quarter, and it was considered by some, that unless the
insolvent underwent the extent of imprisonment awarded his appli-
cation proved of no avail ; therefore, in the present case, as the in-
solvent had only been confined nine months out of the twelve, he
bad used this precaution.
' The (Num". COMMISSIONER said that he had heard that the
Learned Judges differed upon this point; but it was, however, one
of great importance, and demanded consideration.
Mr. COOKE said that in case an insolvent was set at libetty be-
fore the term of imprisonment expired, that the other creditors
might detain him until its completion ; and unless the term was
completed, it was a matter of doubt whether his discharge would
protect him.
The CHIEF CoMMISSIONZR—Every judgment we pronounce
Is a discharge, whether the insolvent be remanded or not.
Mr. COOKE—I am aware of that, Sir; but he is discharged on
a certain condition, and if that condition is not fulfilled. it is a
question whether the insolvent is protected from the other ere-
Mines.
TheCTltnn ColrasisaTONE a—Suppose we remand a person for
12 months, and it should happen that the detaining creditor
should send down his discharge two days before the expiration of
the term, would not the Court consider that a great hardship on
the debtor, were he to be deprived of the benefit of the Act owing
to a circumstance which he could not control. Further, if we re-
manded a man for a month, the .discharge might be sent down and
be again arrested, and so on ad ; but such a procedure
would be deemed a very great hardship. The Court would not
dismiss the petition as prayed, but grant a rule Nisi why the in-
solvent should not be heard on a further petition, notwithstanding
he had been betbre the Court within the term of five years.
Mr. Conan expressed his satisfaction, but begged to observe
that there was another point connected with the insolvent's appli-
cation, via. as to whether he ought not to insert all the former cre-
ditors in the new schedule.

The COURT observed that that was indeed, a question of great
importance, and hinted that he hoped the Learned Gentleman
would turn his attention to it during the recess, in order that it
might be settled.
The Coact will sit again to hear motions on the sth of September
next.