Star.
London, England, 1822-07-16 00:00:00

INSOLVEYT DEBTORS COURT.

CURIOUS CASE. •
H. Smith came up to be heard on his Petition to be des-
from debts amounting to 500001. and was opposed by -1/4,
Eittarn, on behalf of Miss Ilakewell. a creditor for upwards..
20,0001. It appeared by the Insolvent's examination, that he was
89 Attorney at Ashby-de-la-Zouch. In 1804. a Mee Harwell
anted him her agent to receive her rents, and allowed the
pai part of the money to remain in his hands,bearing ante-
.
. ibis condoned for 15 years, at the end of which he was
ted-to bet 20,6871. for which he. in 1319, gave a bond' with
Itedgment. The insolvent, in accounting for the disposal of the
Money,Ntated, that be purchased an estate, and built a house on
it, that cost him nearly 10,0001. and admitted, that his income
at the time did not amount to more than 2501. a-year, and his
household expenses alone to 6001. thst he was in the constant'
habit of borrowing money from different persons, particularly
Mr. Grundy, to whom be gave a warrant of attorney for 5,5001.
Although it appeared by the schedule, that the bulk of his debts
hell Owen contracted before this transaction, he swore that be
believed himself solvent at the time, as he then valued his estate
of Norris-hill at eighteen thousand pounds, but which was
since much depredated. • Miss Bakewell, In April, 1818, de-
manded a security for her money, when he gave her his bond ;
but, in August following, he assigned his property to Miss Vin-
mitt, in payment of a debt of 4,5001. alleged to be due for
Money borrowed at various times, from the year 1790 ; and at
the same time assigned a life interest be possessed in his wife's
property to his son, as an indemnity against two bonds of £4OO
track, In which ids son had joined him. It also appeared that he
prepared a warrant of attorney in favour of Misr Vincent, his
dater-in-law, to enable her to take possession of his furniture, of
which she availed herself, and bought the furniture at the sale
for £4Bo,which furniture will remained in the insolvent's house,
In which Miss Vincent lived for many years past, paying him 501.
'peyear for board and lodging. The insolvent admitted he was in
insolvent circumstances at 'Om time he gave the bond, &c.
Mr. Hearn said be would withdraw his opposition if the insol-
west would, even then, agree to give up the property he had con-
lotto MissViocent and his son, for the benefit of his creditors.
insolvent said, as he had already been confined for seven
mouths, be would prefer taking the judgment of the Court. lie
stated, in the course of examination, that a confidential clerk, of
the name of Brown, bad made out all the accounts be presented
TBsthe Court; and his confidence in Brown's accuracy was so
reat that he was willing to swear to their truth.
. Mr. Hewn' said, a more disgraceful ease never was before the
Chun. A system of fraud bad been practised by the insolvent from
beginning to end,on a Lady who was to be pitied for her credit-,
lity. It sneered, from his own skewing, that from 1780 to
1790. his profits were but £lOO per year ; from 1790 to 1102,
1501. and from 1802 191810, 2501. And when' receiving no
more than 2501. a-year, his household expenses alone amounted
to 6001. besides the awe:nous expenses of building his palace, &c.
and now he comes seeking the benefit of the Act, letting his sis-
ter-in-Law enjoy all the property he had Trautiuletnly conveyed
to her. In 1818 his debt to Miss, flakewell sinounted to up-
wards of 20,0001. besides which be leered 12,0001. to other per-
sons ; and, to quiet Miss &skewed,. he cave her the security,
which he took care should not be worth one farthing. He then
trumped up an account with Miss Vincent, and by giving her
two mortgages, deprived Miss Bakewell of the right she would
otherwise have had. What should be said to the insolvent's
making away with his life interest in his wife's property, and the
furniture, which he conveyed to his son and sister-in-law? Mr.
Heath concluded by declaring he felt it his bounden duty to im-
plore the Court to mark its sense of the insolvent's conduct, by
visiting him with the utmost extension of punishment the law in-
flicts on the fraudulent debtor.
Mr. POLLOCK addressed the Court on behalf of the insolvent.
He said, it appeared that at the end of each year the interest due
on the balance of Miss Bakewell's rents was added to her acs
count, so that her actual loss most be much less than 20,0001.
The execution of the mortgage to Miss Vincent was not a pre-
ference against the creditors at hip, but only against Mies Bake-
well, who would otherwise have taken the property by virtue,
of herjudgmeat.
The Cush Co3l3Usitintsk in pronouncing the Judgment of
the Court, said, it was quite clear that the insolvent had con-
veyed his property to his own family, to the prejudice of all his
creditors. It was his duty co make every amends in his power
to Ms creditors, but be persevered to the last moment, and was
pleased to say he would rather receive the judgment of the Court
then enter into arrangement. The Court. the Learned Commis.
sinner said, thought it barely possible, that of all the multifarious
Cases that had come under their consideration,: one of more pe-
culiar aggravation ever presented itself ; and they hoped the judg-
ment he was about to pronounce might produce that arrangement
which had been so promptly and unjustly refused by the insol-
vent. The judgment of chit Court was, that the insolvent should
not be entitled to the bent& of the Act until he should- be coo.
fined for a period not exceeding two years and four months from
the date of filing his Petition, at the suit of all his detaining did
opposing creditors.
Mr. Coosa ',Aid on behalf of Mr. Price, of Lincoln's Inn,
and 17 other creditors, praying that Mr. Price, acindr. Marriet,l
banker at Ashby, might be appointed assignees.
Commissioner Haman—Price is his agent ;it will not do.
Mr. Heads begged Miss Bakewell might be appointed.
Comm.—Let it be so.
Commissioner Haaats.—l can't help observing, that the in-
solvent owed £BOOO at the time be began to receive Miss Bike-
well's rents; yet be has ventured to swear that he cossideted
himself at that time to be solvent. It is a bad cur from begin-
ning to est& -

Tax LATE gi lizocox."—Wednesday, in the Jury
Court, Edinburgh, on a motion being made for ex-
penses, in the cause " Lord A. HAMILTON v. STE.
vENSON," their Lordships unanimously declared that
full expenses were due to the pursuer, and appointed
an account thereof to be given in the Court to be taxed.
The following ate the appointments for the ensuing Circuits
of Justiciary in Scotland :
Sotrro.—The Loan Justice Cr.aag and Lord Gnus:.
Ayr, Friday, Sept. 20; Dumfries, Wednesday, Sept
Advo . 25;
Jed.
burgh, Monday, Sept. 30.—Roszav Dounks, Req.
Jed-
burgh,
. Nonut.—Lord lizavaxo and Lord Succour.
Perth, Friday, Sept. 13 ; Aberdeen, Thursday, Sept- 19; In-
verness, Thursday, Sept. 26.:—.1eux Hors, Erei. Advocate-Dep.
Wes:.—Lord PITMILLY and Lord blananwamnr.
Invtrary, Saturday. Sept. ; Stirling, Thursday, Sept. 12;
Glasgow, Monday, Sept. 16.—Dvc.ut Meq. Advo-
cate Depute.
Missies H•ose.—Yester•isy Mamas Bass, the•driver of one
I.
nf the Ciapton stages, was charged tinder the foeth of George
commonly called she Stage Coach Act, with having endangered
the lives v( Is as by his misconduct in driving against
other carriages. The LD MATOIL hnecl the defendant C 5; OW
half of which war sent to the Committee fat the dialysed Irish,
and the other to another charity.
Unto): lleu..—Edsrard Fay WAS ordered to maim of 30e.
to bo *preprinted to the fund, in aid of the distressed Irish,
for cototidtting en unprovok'.t Aa3 VU two nutria fgailari.
on Li au, day sight Lots •