Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-04

"a '' .,f ,be Eneliih Bench, aad'we nave
sn5,ouately the relult of their iaOoTs 70
iO ,;ss :, n our iudgmeor. Thata debtor
g go;as about to fail, lhould not have the
, Ge.,g 10 diainguiihed between his credit
i ~. 70 repay the friendly indorier OF
G 49,. who may have refgned his all TO
l r.-vc him and fufer the hard dealer
,rbole extortions may have produced ms
Nc 10 come in for the refidue OF his pro-
.s,r' that creditors of rheie descriptions
fSooId be placed on perfect equality,
l W.. At fra 10 flock our ideas OF equity
~ iuaice and the want OF reflection
IKE, Us alnoA abhor the law which calls
,be fati,fattion of the 6rf debt fra2aa-
lent al. :.
q every Syfem Of ialolvency is TO pre-
vent this diicrerion in the debtor; that
me connections, the partialities, the PAT
Cons, and frequently the fraudulent views
If the Inlolvent, will prevent his making
that diaribution of his effects, which ipi-
,ice requires; we fhall rot arraign the
law which takes the apporticnment from
his hands, and places It beyond the reach
of his partial views.
The cafe cited by Coo8g, 316, and
Haman, es. Fiber, Csgr. III, turn on
the transfer being complete, before the
Aa of Bankruptcy committed.
W.rJtly, vs. de Matters, Bar. 474wa
decided on the fraudulent badges attend
ING The transfer, il was of all the Bank.
supts property and poheiion did not
accompany tie deed. But the cafe OF
Liner, rs. Barrier; 10 Gee. 3 NJ. SIS. 3
Kik. At, excited by Cooks, $50, is
completely analogous to the prelent; there
the transfer was comPlete-Po hea;on &C
companied tit was for only lmall part
of the Bankrupt's property: the vendee
had no knowledge or iufplcion OF the In
iolyency and il was to iecure a fun ad-
yanced without intereR, and by brother
from motives of friendhip. Yet becaute
it was done in, contemplation or folicitati-
on, and with view OF preterrirg one Gre
ditor to another, il was declared fraudu-
lent and void. So in the prefent cafe,
though the defendant is fair, nay msri
torious creditor; yet as the Bankrupt,
without preAure OF threat oflegal procefs,
with the exErelS purpoie Of giving pre-
ference, delivered the goods on the eve OF
an A6t of Bankruptcy, and to greater
value than the debt--it is clearly fraud
upon the operation of the law, which
would be, and too frequently has been 10.
tally defeated by practices Of this kind.
1t the debtor can prefer one, he can pre-
Ter any number of creditors to the whole
extent OF his capital, and the law would
become rugatoiy. 1t is important there
fore to be known, that the Courts will
carry the law into operation, ana if any
ferrous doubts are entertained againa the
judgment now given for the Plaintiff, it
is recommended 10 the parties TO change
the cafe into a ipccial verdif1, that it may
undergo the reviGon of hyperion tribunal.
The point en- which we have decided,
makes ii unneceflary to fay any thing of
the admiGbility of the tettinory objected
10.
Arrived, hip Hope, Phelps, Briaol;
6ngs Mary, Jones, Windfor,sN. C; Ann,
Soc0ran, Greenock, via Philadelphia;
Neptune, Latham, Savannah; Schooners
Harvey, Spoon, Jamaica; Riilng Sun,
CharleRon; Mary, Boittwiek, Sc
nnesai; Fair Trader, Burnh2m, New
Providence.
: Cleared, fhip Auguaa, Dslano, New.
ofleans; brig LPw ing, Taylor, Spain
zen, E LInnet, Woodward, Halifax coop
fFendihiP, Worth, Yarmouth.
Inc brig Paiitly, Johnfon, from at Sa-
H..I -.