The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-07-24 00:00:00

LANCASTER INSOLVENT DEBTORS COURT.

John Colley, 141, St. George's-road, Manchester, also of
Spear-street, Manchester, and of Red Lion-street, Manchester,
rug, waste and bone-merchant, was opposed by Mr. Hall on be-
half of Mr. Kilbank, his detaining creditor, and, supported by
Mr. Vsnables. The insolvent, in his examination by blr. Hall,
stated that in 18.3! he executed a deed of gift to one Margaret
Ratcliffe, his housekeeper, and another in February the same
year. of his stock-in-trade and furniture. The deed being read
recited that for divers good causes and in consideration of ser-
vices rendered he consigned over all his stock-in-trade, house-
hold furniture, &c. to the above named Ratcliffe, subject to the
payment of 10s. a week to his wife, from whom the insolvent had
separated. The insolvent said when he executed this deed he
was about to be tried at the Manchester Sessions for receiving
stolen property. He was acquitted of the charge. He did then
owe £lOO. Mrs. Ratcliffe has power to receive all his debts.
In December 18.3-1, he received a bill at four months from Mr.
Ibbotson, paper-manufacturer, value £l7O, which was cashed
by Mr. James Bakewell, glueman. Could not tell when. Would
not swear it was not on the 9th of April in the present yeir.
Ibbotson owed him £53 at present, but insolvent had not put
it into his schedule because he thought Ratcliffe had a right to
receive the debt. He was then asked to produce- the deed, and
in looking for it took out of his pocket two letters salDscribed
" Your's till death, M.R." being from Margaret Ratcliffe, and
relating to his affairs at home.
The Commissioner here said enough had been,exposeil of the
insolvent's affairs to justify him in dismissing the order for
hearing.
Mr. Venables then rose and said, as Mr. Owen had come
from Manchester purposely to prove the execution of, the deed
of gift, which the insolvent's attorney produced, from Margaret
Ratcliffe, he hoped the court would permit of. his proving that
fact, in order to save the expense of auotherjouruey at the next
hearing.
Mr. Owen, solicitor, was then sworn, and stated that he was
engaged to defend the prisoner when about to be tried as before
mentioned; that he advised him to provide for those dependant
on him in case of conviction. He therefore executei the deed
produced to Ratcliffe, which witness understood was only to
take effect in case of conviction. This deed was dated 28th May,
1834. The insolvent was then asked for the deed dated February,
1834 and he took a letter out of his hat, which he opened.
Mr. Hall asked him whether that letter had any reference to
his affairs?
Insolvent Teplied that it had not.
Mr. Hall: What is it about? •

Insolvent: Nothing particular.-- - • - •,, e. ,•
Mr. Hall: Do you mean to swear now 'that ii does not relate
to your affairs? Take care; we have evidence to prove all
about them.
Insolvent: Well,. yon ere quite welcome to read it,_ir you
like; and handed the letter to Mr. Hall.
The letter *Rs put in and read. It was dated in May last.
and addressed to the insoli ent in gaol on the subject. of his
business, and stating that his servant, a man nate .4 Haddock,
had got one of the deeds attested by a person tinned Tetloiv.
The Commissioner (to insolvent:) This letter rasher relates
to your affairs.
Mr. Hall: Have you not lost £lOO at cards in the gaol?
Insolvent : No.
Mr. Hall: Have you lost nothing?
Insolvent: No.
The Com Missioner ordered the three letters which hail been
produced to be impounded, and dismissed the order for hearing,
giving the Insolvent liberty to amend his schedule or to file a
nbw one, and ordering at the next hearing that he produce
Ratcliffe, his servant Haddock, and the origival deed.
The Commissioner (to the Insolvent.)—Don't suppose that
under this pretended assignment to Margaret Ratcliffe you can
keep back yuur debts; we are not to be so hoodwinked when
we find them constantly writing to you about every particular
of the business. Don't come hereto practise such a fraud.
Mr. Hall.—lf the case had been fully gone into I have evi-
dence to prove that the insolvent is at thiernomeut worth £3OOO,
and he only owes £193.
Insolvent (edit essing the Commissioner.)—On't you order
that this business be settled while you are here
The Commissioner,-1 dare say, sir, you can put sufficient
money into Court to pay 20s. in the pound„ and then it will be
settled. I would advise you to settle it, for if lam cat led on to
make a report I shall express a very strong Opinion oft the
subject. A grosser attempt more entirely def,:ated I neversaw.
Thomas Inman. The discharge of this insolvent Was opposed
by Mr. Hall, on the behalf of Mr. Hyde and Mr. Molyneux, of
Liverpool. From the examination of the insolvent, and the
statement of those gentlemen, it appeared that he had formerly
been in the service of Mr. Molyneux as cash keeper, and that
when so employed he had appropriated £3OO, received on ac-
count of his employer, to the payment of his own debts. Shortly
after he left Mr. Molyneux's service, the deficiency was dis-
covered, and the insolvent, on being applied to on the subject,
agreed to effect an assurance on his own lite for £2OO, leaving
a balance still slue to Mr. M. of about £49. The insolvent
subsequently to this transaction was engaged by Mr. Hyde as
cash keeper. Mr. Hyde finding that the salary given him- by
Mr. Molyneux was £125, voluntarily. said that he would allow
him £l4O for the first year, and, if his conduct was approved.of
at the end of that period, be would give hint an interest in the
business. A few days after the insolvent entered his employ,
Mr. Hyde perceived that he was unwell, and believing that it
arose from perturbation of mind, insisted on knowing the cause,
Observing that unless he was perfectly easy in his mind, he
could net eentinue with hint. The insolvent said that his un-
easiness arose from his being indebted to Mr.'Molinenx in the.
sum of £2OO, and Mi. Hyde offered to advance him £lOO, if he
could procure another friend to do the like. It was afterwards
discovered that the insolvent had appropriated £2.00 of 4lr.
Hyde's money, charging it to a person with whomisc had no
acqount. The irregularities of the insolvent led to -his dis-
Charge, and he lived about a year afterwards at No. 5, Mill-
Street, Toxteth-park, Liverpool, and acted for a short time as' a
broker; but his commissious amounted to only about £2O. He
was then arrested and went to gaol, having previously sold his
furniture: • Of the proceeds of the sale £4O remained in the
hands of the auctioneer.
Mr. Venablee- addressed the court at some length on behalf
of the insolvent.
.The learned CoMmiesioner Harris, in pronouncing the judge.
ment of the court, said there was no question but the insolvent
in both cases had most fraudulently abstracted his employers'
money. In the case of Mr. Molyneux, £2OO was covered by.
the deed of assurance; but he (Mr. Harris) 'could not say that
£49 had been abstracted in any particular instance, so as to fix
the insolvent with a breach of trust. With regard to Mr.
Hyde, there was a fatality about it, because, after getting a
better situation, where he might have retrieved his character,
(but perhaps it !night have been more to his advantage had his
first offence been punished,) still he would not refrain from
repeating his former practices, which he had been guilty of
when in the employ of Mr. Molyneux, aud, in order tsecouceal
that transaction, he had tint down £260 to a Mr. Johnson, who
Was no customer of Mr. Hyde's at all. .I never saw (continued
the commissioner) a greater instance of ingratitude for kind:
ness received. I therefore think that you should be placed at
the mercy of Mr. Hyde for some considerable period.
The commissioner then inquired whether Mr. elyde had
lodged a detainer against the insolvent, and was answered in
the negative.
The commissioner.—There will be time enough to do that,
as he cannot be discharged until 0-morrow. The judgment
of the court is that, as regards all his other ereditorsethe insol-
ent is entitled to the benefit of the act; but as regards Air.
Hyde, "I adjudge that you be remanded and detained at his
suit for the space of ten calendar months from the time of filing
your petition, for contracting a debt with him by a breach of
tree. The commissioner also ordered that the insolvent
should not be discharged until £4O had been paid into court.

Dr. Johnson being asked his opinion of a very small volume
with a- pompous title, replied, "that it was like placing-an eight:
and-forty pounder at the door of a pig-sty."
Dr. Hunt, one of the fagot freeholders in the Duke of Bed-
ford's forty-acre field, on his examination before the revising
barrister, was unable to point out the precise into for ahich be
clainred to vote.--Noftlfampton Herald.
- • .

FAGOT Vortsci:—The Birmin Otani Adrertiser, in enticing
the system pursued by the Dnke'ofßedford in Huntingdonshire,
where his graCe's forty tenantS'ar'e facetiotfilly called " the forty
thieves," says—" The same systirn• has been adopted by the
members' of a 'vote manufactory,' named the Reform" Registra-
tion Cemmittee in Birmingham. A freehold hbain, in Sun-
street:lbe rent of which is £8 OF annum, hairbeen purchased
by one of the secretaries and' three other' iriaridnals of the
mute clique! We would have. these worthies to bear in mind
that others can play at this game besides themselves, nor : that
allimately the straiagern Trait reenind LVeli'eWtrillOhrfirfOtt.':'•