The Statesman.
London, England, 1821-01-04 00:00:00

INSOLVENT DEBTORS' COURT..

Yesterday, Robert Hamilton, a young man of re-
spectable appearance, applied for his discharge under
the art. He was opposed by two detaining creditors,
Messrs. Dellinger and Shuter, on two distinct grounds
—first, for obtaining goods under false pretences, and
secondly, for procuring the p.iymeut of a debt and
costs, by false representations.
The insolvent underwent a long examination, in
the course of which the following facts were detailed:
—He was a Lieutenant upon half pay in the ilst regi-
ment of foot, and received at the rate of 4s. 6d. a
day, being about 821. per annum. He knew a person
of the name of Richards, who was an officer in the
18th regiment of Dr.igoons. About 12 or 13 years
ago he became acquainted with him, but had known
him intimately for the last two or three years. He
recollected when his friend Richards was in the King's
Kench prison, but never had heard that he had ever
:Awn the benefit of the Insolvent Act until very lately
hr had been informed of the fact. The insolvent con-
fessed, that in the year 1819 he had put his name to
bills to the amount of 8,000/. and two of these bills
were dated in October 1819, for 2501. each. His
friend Richards was possessed of a very large rever-
sionary property in Olansorganshire; and at a meeting
held by some parties it had been agreed that these
hills should be issued, and should be paid when they
became due by this reversionary property. He (the
insolvent) merely put his name to the hills to legalize
them : lye was not to become answerable for them ;
and it never intended that he should. When these
bills were issued, nothing was said by Richards about
his having taken the benefit of the Insolvent Act, nor
did he (the insolvent) mention the fact, becan.e he
did not know it at the time. He knew that his friend
Richards bad been in prison, but be did not think it
necessary to state that circumstance. The object for
n bit+ these bills were issued he believed was to pur-
chase goods, and Mr. Dallinget was applied to fur
some hats, which were furnished to the amount of be-
tween 4011. and Ala These bats were not put into
his custody, but into that of Mr. Kennet, the agent-of
Mr. Richard.. At the time these hills were issued
he (Ilse insolvent) believed he seas in debt to a
small amount. He had then nothing to live upon
but his half pay, and money furnished by his friends,
which arneousted altogether to 30W. a year, including
the half pay.
This was the evider.ce of the insoireiat in proof of j

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gm, Pitmen.

gie feat Amos agolost Mr. • re sobotoodeis oho
wood, he midermist soothes oulisohistios. mid he
proofed that be bad some Alm ago bow arrested fir
the son .f MN, sad had hem Issilod by a poems ist
the same of Ikea& do boar Mr. Mater. s solioitdr.
sad arm applicatios to that pattimis. the &hi of
29/. aid coots was paid by him. it was a very fro.
Amoroso all so his part. mid he bad "Wady *inset,-
*dgail k. Pa did measly rsprmoot to Mr. Mews
ttY a deed was shoat w be completed from which he
was shoot to swam ahem holm. la boob. hem**
hod Atari this 1,104 W., sod Mr. Shooter had tat
shim paid the mosey wheal' ha blase geseselesly
vaaceil.

Thelau!vest wu thew ezanised la esplanades.
and it appeared that Mr. I.lallingerotsb of the pretest
detaiaieg creditors. had been trustee to the reversies-
•ry deed is tondos. The bills bead bad all lees
osiers epamepelag _tbsee. Ai* Ed AWL esobs' Tboi
money was hotrod.d to be mini br itleevoitiet time
bills, sod Mr. Dalliers was a prbielpid is the tram-
sactioe. sad bed wade himself envy Wive Ia abe
whole affair. At ase tilos all tie bills were Is his
peeseasies. sad Dellinger well beer at the tbse be
pat his use to these bills that it was esly fir the
purpose of kgaNskir than. 111. (She involves,' bad
bees grossly deceived by Richards is the badness.
sad be Never bad obtained the 1,0001. as ho had ex-

peeted.
Jobs George Dellinger was next maimed- He
stated that be was a haeonamnfeeturer. sod boa eop-
_

plied hats to Mr. Reason to the as amt et feet
Helmet sada porous of the same of Ohrimes cause to-
gether to his warehouse, and prelim:led lulus from
Hamilton (the insolvent) and Richards, represeutiag
them to be most respectable men, possessing large
property. At that time he knew ..teething if both
Hamilum and Richards, hat had never heard that
either of them had been is dillealties, w that either
of then. were in the army. Richards had been repre-
sented to him as being a Consul at Na.,.. The hats
were furnished, and afterwards finding that he had us
chance of getting payment, he offered to take the hats
back at prime cost, bet they would not give the...
‘lll6.
Mr. David Shute,. a solicitor, stated that the in-
solvent had been inteseaced to hiss by Me. Hound, es
the Silt of November, 1819. It was then ropmesete.i
to him that although the insolvent had been aereate t
for 191. yet, is fact, only 91. was dos. He was sub-
sequently induced to pay this 119 i. and costs, easier
these circumstances. The insolvent on the 15th of
November, represented to him that oa the next day
he was about to receive 1,00411. sad said that he would
feel mach obliged if he (Mr. Skitter) would advance
theelebt and costs. He replied diat it was certainly a
very unusual application, but as the insolvent was
about to receive so large a ear he should have no ob-
jection to pay it. On the 10th the bill sad costs
were paid, and from that time till the expiration of
week, he never saw the insolvent. He had received
some letters from the insolvent, asking. him to wait
for • short time, as he could not conveniently pay
him then. Another letter he received from him,
dated the 18th of November, stated that he was parts.
cularly engaged in the city, that the parties who were
to sign the deed were out of town, and that it had
been put off until Saturday. In fact, he had reeves
re. tired a shillingj of what be had paid Irma that time
to the present.
The evidence haring 'weft gone throat's, the counsel
for the insolvent maintained, first, that as Mr. Dellin-
ger was in fact a party In the comers, be bad no
power of being new a detaining creditor ; and, se-
condly, that the payment of the debt and costs by
Mr. Shuter was a voluntary act, and that, therefore,
the charge against the insolveat did not come within
the words of the Act. He maintained that the second
point wa%proved by the letter of the I.th of Novem-
ber from the insolvent. This letter was written two
days after the money bad been paid; and the content.
of it plainly showed that it was a voluntary set on the
part of Mr. Shuter.
The Commissioners were all clearly of opinion that
as to the first point Mr. Dellinger was not competent
to be a detaining creditor, Witb regard to the second
point. the Court was of opinion that Mr. Mater had
not voluntarily paid the money, and that he bad beer►
induced to pay it by false representations. The Court
therefore ordered the insolvent to be detained in cus-
tody, at the suit of Mr. Shuter, for six months.
Priakworth was opposed by Mr. Hunefries, a
builder. It appeared that the insolvent had con-
tracted with Hunsfries to build • chapel for him. The
insolvent was one of three who made this contract ;
and they had taken a ground-lease of a Mr. Hagbes,
of Newgate-street, for the purpose of building this
obapel. Ike insolvent was to have bees the clergy-
man of it. His earnings by preaching is the year
1819, were from 15s. to Ds. a week. The insolvent
was ordered to be discharged, and Mr. Hionfrels Was
appointed his assignee.
Mille, a man of respectable appearance, also ap-
plied to be discharged. He was opposed by Mr. Oiler.
by counsel, and by Mr. Hills in person, on the ground
of concealment of property.
The insolvent had been in business about 10 essenths,
and there appeared to be a (kidney of I,OOW. at
the time be 'eft of It appeared that the losolveat
was possessed of beet Thie he had sheer* is Mr.
Mills previous to treating business, in order" to hick
him iota eenitleace." In fact, this mosey did not
belong to the insolvent ; and he was possessed df it
freed a person of the same et Knott to be plreed'l9 bis
basket's heads. The iatislreet eesillesed that be bad
shbwa this money to Hr. Hilts, and staid, at t*lsame
time, that he 'Maimed It from lidatdsWr. f dPare
where he was carrying on his hasissees. 111111' PllOOl-
- also stated that be had bees hdpeefiliiiiiisby his
ereditets, that he hail heel given bad vrhelst tarkeinri.
and had•hivariabill !lust by it. it wee, thettOile4 he
t through thole wane, that k had tOt7lllll this