The Sun.
London, England, 1805-11-29 00:00:00

SOSIN KING'S BANKRUPTcY.

Mr. ritsmisk said he boped the motion he had to
' in which Mr. King was so materiAly
in-
tere::te , ouid net sufnr from the unfortunate in GI ion
olyeserday ; but that hem might rather hope tbr the in-
dulgenee.• of the Court, in making the present motion,
wile ill i stated (without any wish to convey a refleCti,
on against Mr.,Plowden),that be had refused to =lce
that motion. The Learned counsel-then proceeded to
state the clauses of the 'insolvent 21:a, on which the
.present motion was grounded, by which relief was
Clearly. meant to be given to every person a&ually
in cUstedY.on the lit of r Jaimary,: 181 4, for debts
not eXceeding 15001. ; and the gaolers of the ditfer:
cat prisens direaed, without reference to the
amount of tho sums for which debtors.. Might be im-
prisoned, to furnish a list ()fall persons then, .aetualty
ata custody, to the different Quarter Sessions, &c.
Time ilankrept„Tolui King, ,it appeared, was
debter to Pollatid•and Co. in the sum of 4601: for
which he .was taken in execution, and a Connnission
of Bankrupt was afterwards sued out sgainst him. The
debt Was proved under tho Commission of Bankrupt,
• and an Election was granted by the •LORD. CItAN.•
CEI:LOIC to, Policed and Co till a dividend should
come to be Made,.either to:avail theMselves.of the
Commission, or of their right at Common Law.
They,. on the 12tli of December,. 1803, Made their
Median, by claiming under the Commission but
still their debt steed on the Marshal's Books„and,
in consequence it appeared, that on the Ist Of Ja,,
,fivary the Bankrupt stood indebted, not in a,sum
unOr 15001. but • in 2,1001. comprehending never-
theless, this sum of 1,1601, due to Messrs. Polland
and Co. in January, 1805, an application was, on
this ground, made to Lord E'LLENISOROUGII, and
his Lordship granted his warrant, discharging Mr.
Rini.out of
.custody on this execution. The Ma-
gistrates,. however, at the Quarter SeSsions at Guild-
hall, in April last, considered the Bankrupt's having
been in custody 'on the Ist of January, 1804, for a
greater norninal-suin than 1,5001.. as a bar to their
proceeding, recommending it, hoWever, to them,. to
apply' to the Court for their
N: instruaions.,
Lord ELLEBOROUGH. asked, if this was not an.
existing debt in January, 1804 ?Mr.
ERSKINE submitted io'Vas not such a debt as
the Creditors could have sued 'for at Cm-Innen Law,
'Doi)/ had made their Election in 1803.
sir. Justiee .Bi,mcd.---"rhe Chancellor gave
theme till a dividend !would be made, to make their
Eleaion. •

lin. ERSKINF. maintained, that :they bad departed
froni the right .of eleaion. What ask.ed was,
t.ltati a Mandan-Ms should be direeted tO-the: Magi -
mites, to inquire if, in January, 1804, thel3atik-
rapt was actually in custody fbr a larger 'kith than
thi.)ol, if not, that they should then inquire,
they he Was not intitled to be liberated ? It was not
by the Warden's book, he submitted, but by the
jOdgment of the. Magistrate, that., ,the fatt must be
ascertained., -

.
The Couto' laid it down that without such a case
being made Out to them as should' instru6t that the
entry in the'bo4s was false at the time, they could
not interfere, it was in the contemplation of the
tegislatute to relieve only such persons as, on the
Ist .Linuary, 1604, 'OtkNed under Isnol. If the.
nankturitl u this case aftually ()wed more than that
'sus n at this date, of which there could be no dis-
•,put.e, no circarnstance v,,hich might afterwards oc-
cur, by 'Which the debt might he diminished,
could entitle. him to the benefit of the Ad.-4W4.
r(tp.iseri.

COURT O COMMON PLEAS, Nov ..z&

lirE,L

Snme tinys baek a Rule w.as obtained by Serjeant
,
Sitypngiti), on tile Put 01 tno votetimuir, to set
asid:l the 'proceedings had in this cause, on b promis-
sory note of f2OOl. irregularity,
Seri ,:ant VAUGHAN appeared to show cans 3, and
set out with observing, that the Inc-fir,ndut was .4
kind of amphibious, or rather_non-descript