The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-11-17 00:00:00

LANCASTER INSOLVENT DEBTORS' COURT

The business of this court, held before Mr. Commissioner
BoWen, dosed on Monday last. The only casas possessing any
interest were the following:—
Robert Burrow, Church-street, Lancaster, agent to the Earl
of Balcarras for the sale of coal, and china-dealer. .The insol-
vent was opposed by Mr. Hall on behalf of Lord Balcarras, and
the following examination of the insolvent will show the nature
of his transactions :—He said, I was appointed sole agent in
Lancaster for Lord" Balcarras, and gave a bond for £5OO. It
was my duty to enter in the ledger an account of all the coals
sold. That would enable any one to, see how the accounts stood.
It was also my duty to onter in the cash-book all the sums of
money received; ,but I did, not put down in the cash-book every
sum I received. It was my duty to balance the accounts on the
31st of March each year, and to exhibit the books to persons up-
Pointed by his lordship to inspect them. Continued agent until
May last. From 1829 to last May I balanced the books yearly,
and paid over the apparent balances. In March last there was
a large balance against me. The insolvent then acknowledged
to Mr. Gabbott, Loikt Balcarras's agent, that when he cons-
asieneed the agency he was in difficulties; that he had received
sums from different people which he had not given credit for in
the regular cash-book, but in a small book which be carried in
his pocket, and each year this practice made the balance appear
much less than it really was. He had appropriated this money
to his own use in paying his debts, &c. There then appeared
to be a deficit of about £7OO, but when the books were examined
it turned out that the real sum due to his lordship was £1,032.
in part payment of this sum his lordship obtained £5OO on the
bond. In May he was discharged from his situation in conse-
quence of this being discovered, and be then gave up the small
book containing entries of all the sums received. His business
was sold under a warrant of attorney, which the insolvent had
given to the Rev. Mr. Noble, who was bound with him. His
son purchased part of his stock, and is now carrying on the
business. The insolvent was asked whether he had not been a
ineacher, when he replied, " that be had laboured for twenty-
four years voluntarily, and without fee or reward, as a local
preacher." He then.addressed the court at considerable length,
stating that he was an unfortunate man, but had acted with cum-
dour and honesty. Mr. Hall having remarked on the merits of
the case, the learned commissioner in his adjudication observed,
that the insolvent from the first scented determined to defraud Lord
Balcarras, for he had appropriated the first looney he received
to pay his own private debts with. From the first he was a
confidential servant—from the first he had betrayed that confi-
dence. Thss only redeeming point in his character was, that at
last he had told the truth. He was then ordered to be remanded
twelve months at the suit of his lordship.
Michael Daley, of Manchester, beer-seller; adjourned to next
circuit to re-advertise. as a jug-dealer, and to produce his bro-
ther, John Daley.
Charles Caldwell, Spencer Bridge Brewery, Pendleton,
brewer; discharged on obtaining the consent of his father.
Thomas Barlow, 10, Bridgewater-place, Manchester, com-
mission-agent; adjourned to next circuit to re-advertise, to file
a new special balance sheet, and to produce Mr. Pilling.
John Smith, Farnworth, near Bolton, labourer; remanded
for three *months for putting the detaining creditor to unnecess
sary experise in defending an action.
Joshua Smith, Rainford, farmer, was opposed by Mr. Vena-
bles in behalf of John 'L'arbuck and nineteen others, and re-
manded to next circuit to serve Robert Tarbuck and for judg-
ment. It appeared in this case that the insolvent occupied a
farm under the late James Tarbuck from 1826 to 1835; that on
the death of his landlord several claims were made for his pro-
perty, and, on a distraint being made on insolvent for rent, be,
by the advice of his attorney, removed what property he could
off his farm, which he sold. He admitted having had in his
possession about £B5O, of which sum he said he had paid £2ll
to Phoebe Vose, and £l6O t& his brother-in-law, John -Vose.
Thomas Baines; Castle-hill, Lancaster, plaisterer. On the
name of this insolvent being called, Mr. Ellithorn, of Lancas-
ter, answered and said he was the attorney against him, and had
discharged the insolvent from the borough gaol of Lancaster
the day previous. The commissioner remarked that it was dis-
graceful and unchristian-like on the part of. the attorney and
client to act in such a manner after the insolvent had been im-
prisoned and at the expense of filing his petition. He did nut
belieVe any respectable solicitor would lend ,himself to such a
transaction, and lie (the learned commissioner) would look with
suipicion on whatever Mr. Ellithorn said or did iu that court.
The commissioner added, that he had the authority of one of
the judges of the land for saying that it was a fraud on the
insolvent act, and parties acting might be punished for a con-
spiracy.