The Sun.
London, England, 1812-09-12 00:00:00

CUTLDIIALL
SESSIONS, SEPT. I I.
4

A nunibekdf prisoners• from the different gaols
in the City, were this day brought up for the
purpose of being discharged under the Inseivent
Debtors Act.

Several.' persons were• objected. to and re-
manded. . •

James Nez'att was opposed by Mr. Atiotritus,
on that provision of the late Insolvent Act,-which
excludes from its benefit any persOn, 'who being
ernplOyed' in the capacity of agent, had betrayed
the trust reposed in him, The Debtor, it appear-
ed, wasthe secretary and treasurer of a feniale
benefit society, and had received the sum of 841,
froM the' members, which he was desired to vest
in: the farids. rHe accordingly did so—but he
idterwards sold out the stock, with the exception
of 61. 13s. and appropriated the money, So obtain=
ed, to his qv usc.

The RECORDER strongly reprobated the Debtor's
conduct, but did not think that hiS case cunn un-
der the section, of the Insolvent Act, which re-
lated to agents, for, in his. bond, he was expressly
designated as, a trustee." He was, therefore,
under tlA:•necesity of discharging him.
Abraham De Mendez was opposed by Mr. AL-
LEY for Laying, at different times unlawfully pro-
ceeded beyond the bounds of the rules. .

• The
.RECdRDE R inquired of the Debtor, whether
he was ready to make oath of his having confined
himself to the prescribed boundaries.?
The Debtor answered that. he was., • •
The RECORDER----" Then, Sir, feel it my duty
not to permicyou."
Mr. ALLrsi* immediately called a Medical Gen-
tleman of the name ()Molt, from whose testimow
it:appared, 'that Mr. De Mendez, who had-been
in custody since July 181-1, was:at his own house
in Westminster, between the 20th and 29th of
May, 1812. •
•
fie was Consequently remanded. •
Glover Was 'opposed by Mr. ALLEx,,for
having procured a considerable sum olmoney,
der false pretences. •
The debtor, it appeared, was a grOcer,'residing
in Itathboneplace, with_whoM the creditor; a
publ can Of the mine of Sage; dealt, for tea and
sugar,_ and occasionally supplied Mr. Glover with
quantities of halfpence,' for which he took bilis.
_Some: time .ago; Mr: .Glover called on him, and
inquired whether he had.got much; copper by him,.
to which he answered,in the affirthative. -Mr.Glover
then told him, that a .friend of his; 'a -Mr. Serie,
a respectable bookseller and bookbinder, re-,
sitting in Lower Grosvenor-street, 'was in want
of 1001. worth of --copper, 'and requested, him
to let him`-have it. Mr. Sage (baying inquired'
into Mr. Serle's character, and finding it ex-
treMely good,' had no hesitation in com-
plying, with the proposition. Prior to his send-
ing the -Money Serle, Glover informed
him, that his porter would take the ten bags of
helfpence to his friend, if lie gave him a shilling,
Which would save him much trouble. In conse-
quence the coop-per was deliveredsto Glover'S po;-
ter, and, in a' day or two ; Mr. Sage called on'
Mr. Serie to receive his, bills for the money,
which he supposed had been delivered to him..
astonisaed, .however,,, on finding, that
only forty pounds worth of copper had been
given to him, for which surnhe received
lie immediately called on Glover, and upbraided
hiM with his improper conduct. The debtor told
him, that he 'was abOut to call his creditors toge-.
ther, and, when he had sold-the least of his house,..
he would see what he could do for him. Mr.

Sage .offered to take tea, sugar, and other gro-
ceries, to the amount of 601. but gill he could get.
from Glover was two bills for- that sum, which
never were paid.
Mr. KNAPP, for. the: Debtor, contended, that
two bills having been accepted for the sum deft,
.cient, the charge of fraud vas done away.
The RECORDER observed, that if the debtor
were indicted in.a Criminal Court for fraud, the,
bills certainly would be an answer to the charge;
but as .that -wa§ a-Civil Court, the case was
ti rely different.
KNAPP' then argued, that as the„.evidence
then before the Court world be deemed insuffi-
. cient„if die debtor \vele criminally indicted; to
subject hhn, under the Act of Geo., I. to trans-
pOrtatiop for a fraud, by a paritycpf reasoning, it
ought to be considered by that Court as not suf
ficiently weighty, to authorise them to deprive
the debtor of his. liberty. • • ,

The.objection wan over-ruledi and the. Debtor
was remanded.

Heacl was .opposed by ANTiIip:WS, un-*
der the '32a section of the Act,. which excepts from
the,benefitS of its provisions all persons., who, un-
der a former Act of Insolvency, had fraudulently,
or by means of a,false oath, obtained their libera-
tion.

The Debtor; it,appeared,:in the year 1806, had
-procured, his enlargezn.ent;-under the Insolvent Act
passed in that yeq, having set forth in his sehedulei
that he had no effects. .His. creditor, Mr. Winstan-
ley, who this day opposed hint, conimenced an ac-
tion against him„for•a debt contracted prior to his
liberation—to which the Debtor pleaded his en-
largement under the Insolvent Act of 1806. To
this Mr. Winstanley. replied, that had obtained
this freedom fraudulently; having described himself
in his schedule, as possessed of no effets, when
the contrary'was the fact. The parties bein,g.at
issue on this point, the case went to a Jury, who
having fon,nd for the plaintiff, decided on the frau-
dulent manner in which the defendant- had pro-
cured his liberation.

. ,Mr. ALLEY shortly addressed the Court, in be-
half of the debtor. His objections were imme-
diately over-ruled.
The RECORDER held that the cast dame strictly
within the meaning .of the
,ACt. of Parliament.—
The debtor had evidently, procured his erilarge-
meat:Under a former Act of Insolvency, by swear-,
ing to that which was not true—he-must, there-
fore, he remanded. He never recollected an
opposition under this clause before—and be was
very glad it had been made—for it would be , a
warning tb persons coming into the Court, and
delivering false schedules, to obtain their -enlarge-
ment. •

Boxinz.—Carter (Gregson's formidable .Lanca-
shire eAriflidate) is matched, to fight a 13 -stone
man, of the name of Bone.—The combat- is to
' take place early in the en-saing week.

LANCASTER ASSIZES.

EATtY.V. VICkizRS..

•• • • +1
This a was n assault cause.- Th ' e plaintiff is: tan
accountant a, M.ancheter the defendant is. a Dub.:
lican ilic.r'e:" It appeqred from the eiridenctgiven
on the trial; that,,a number of persons had asie,n-.
bled at the defendant's house, to ".comaii,inicirate
the birthday ofthe late RiAlit Hon. William iiitt 3"
and the plaintiff, on Corning into'flie room
I.He of some expressirms on seeing a. picture 6t
that Gentlenian which did not agree with-the ideas
of the langur!' tind-his.friends. 'The plaintiff srpni
after propose toast which the name of
Ingham caught the defendant's ear; on which he
immediately -threw a glass of water in• the plain-
tiff's face,,and, to -c561 him Still :rrnive, en.intied_
a jn of -water over. him.. A enSlied,
which the defendant 'actually bit.a. part of one of
the plaint Ts, ears off. Verili6t for the ,plaintiff.
Damages 4R4,