The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-11-21 00:00:00

RE JOHN HEWITT,

This bankrupt, who was formerly a merchant in Li-
verpool, appeared on a summons served upon him by the
messenger of the court in Birmingham. The meeting was
convened for the purpose of expunging a proof tendered
by a clerk of the bankrupt for fifteen guineas, upon an al-
legation that he had been instrumental with the bankrupt
in removing certain property to the detriment of the ge-
neral body of the creditors. A certificate was put in for
the wife of the bankrupt, explaining the causes of his ab-
sence, which was said to be fatal to the examination. The
bankrupt, on being interrogated by Mr. Forshaw as to
what charges there yet remained upon his estate, together
with the dates, replied that he did not know of any
charges, and was not prepared to go on will- his exami-
nation. The meeting was, therefore, adjourned for that
purpose until the 12th of December. Just before the ad-
journment, Mr. Fairclough applied to the learned Com-
missioner for an allowance of £25 to the wife of the bank-
rupt, who was in a state of great destitution. The bank-
rupt had been divorced from his wife for a long period,
not absolutely, but tnensa et thoro, in the ecclesiastical
court, and an alimony apportioned of £l4O a year, which
had not been paid with any regularity. The lady hail af-
terwards proved upon the estate for the deficiency, but
had agreed previously to reduce the alimony to £BO,
which had also not been paid.
His HONOUR observed, that a decretal order from the
Consistory Court had been obtained ; that order had not
been put in force, and, by the second arrangement, by a
condonation of the parties, would not the first order be
void ?

Mr. FORSHAW explained that the right was reserved to
act upon the original order.

Hi; HoNouri continued.—He should consult some
authorities upon the subject of the application, as he
should like to found a precedent, and if Mr. Fairclough
would attend early in the week he would be prepared to
state decidedly his decision on the subject.
After a suitable admonition to the bankrupt to give a
faithful disclosure of his effects the meeting was adjourned.

RE JOSEPH AMOS

This insolvent, described as a licensed victualler, re-
siding in Holy well, at a public-house, known by the sign
of the Rock, came before the court, on his petition to
pass his first examination. He was opposed, on behalf
of a creditor, for vexatiously defending an action which
had been brought against him, in her Majesty's Court of
Exchequer of Pleas, to which he appeared and pleaded,
as, also, when the action was tried, in the same year,
before the sheriff of Flintshire, to which he again ap-
peared to support his defence, as alleged by the advice of
his attorney, when a verdict passed for the plaintiff,
with costs.

His HONOUR considered the accusation of the creditor
against the insolvent as well founded, and, as a vexatious
defence was one of the penal clauses in the act, he should
not be doing his duty to the creditors, nor interpret the
act with fidelity, if he did not dismiss the petition. Pe-
tition dismissed accordingly.