The Sun.
London, England, 1831-11-25 00:00:00

COURT OF CHANCERY.-(THIS DAY.)

COMMITMENT OF A BANKRUPT.—IN RE HARROD.
Mr. MONTAGU appeared for the prisoner, John Harrison
Harrod, a bankrupt, who appeared upon a writ of habeas
corpus, to move for his discharge.
The prisoner was brought up by the gaoler from the gaol
of Kingston-upon-Hull; he was committed by the Commis.
goners for not satisfactorily answering, and Mr. Montagu sub-
mitted that his Lordship must discharge him, on the ground
that the gaoler had made no return of the cause of commit-
ment. He had merely brought back the writ and the Com,.
missioners' warrant.

Mr. ROSE (contra) considered thepractice to be, where there
had not been time for the assignees or gaoler to make
out a proper return, that the prisoner should, on such occa-
sion, be remanded until sufficient time had been allowed for the
making of the necessary return. In this matter the writ of
Habeas issued on the 9.0-d last, and since that time it had been
served at Hull, and the prisoner brought into Court.
The LORD CHANCELLOR could not agree with Mr.
Rose. If what he stated was the practice, his Lordship might
be detaining an individual in prison, and sending him back.
wards and forwards from time to time, who had never been a
bankrupt, nor ought ever to have been sent to prison. Again,
on looking at the writ, he could not fall in with the accuracy of
Mr. Montagu's statement, that there had been no return
made. It appeared to the Court that the return was full.
Mr. MONTAGU then argued the question upon the me-
rits. He submitted that, independently of documents having
been referred 4o in the questions and answers which had not
been set forth in the return, the whole of the examination must
be taken as satisfactory.

Mr. ROSE contended at considerable length that the com-
mitment was a valid commitment; that there could be no
doubt that there were answers set forth to questions also stated,
which could no more have been taken to have been satisfactory
by the Commissioners than they could be taken to be satisfac.
tory by his Lordship.
The LORD CHANCELLOR was of opinion that cause of
commitment was sufficiently set forth on the face of the return.
Mr. MONTAGU then availed himself of the provision of the
Act of Parliament, which gave him the power to call on his
Lordship to take the trouble of reading through the whole of
the examination before he pronounced judgment against the
prisoner.

The LORD CHANCELLOR said he had no alternative.
The Learned Counsel had a right to call on him to read al the
examination through, and as he had done so, he (his Lordship)
would do so between this and Tuesday. His Lordship's strong
impression at present was that the prisoner must be remanded,
that he might have the opportunity of giving more satisfactory
answers.

VICE-CHANCERY COURT-(THIS DAY.)

This being the last day of Michaelmas Term, his Honour
the VICE-CHANCELLOR took motions to.day.
The Court was occupied the greater part of the morning
with motions made by gentlemen behind the bar who on this
day are entitled to precedence), which were chiefly for the pay.
ment of money in and out of Court, and matters of course totally
devoid of any interest.