Insolvent Debtors' Court,...
The Times, 1824-11-06T00:00:00

-,tns tieing tue dny to which the Court adjourned its sittings, it was to bave resumed them to-day at the new Court in Portugal. etreet; but that building not bein quite fiinihed, and the smell from the paint strongly oXYensive, Mir. Commissioner HARULTS se. lected the large roonm belonging to the office ef the Court, at No. AS, ,incolt!s-ltn-fields, and held the Court there, where he will also hold it to.morrow; butas this place is not sufilclently commodious, he directed public notice to be given that the Court will ait on Mlon. day next at the Old BalIey. Henr:y Koll was opposed by Messre. POLLocK, and COOKE, for several creditors. A preliminary objection, involving a point of some importance, was raised against the petitioni, under the new act, thich, amongst other things, enacts that every prisoner petitioning thit, (out shall be in actual custody within tbe walls of thte prison at the time of presenting suchi petition, and during allt*e proceed- ings thereon, and not witihin any rules or liberties ther of. This act came into operation on the let of Septemnber. . It appeared by the affidavit of the solicitor of one of the opposing cre- ditors that he met the insolvent on th1e 28tlh ef September, After be had filed his petition, in tile Borough.road, when he told him that lie had received leave of the oirion (King's Bench) to go to procure particular medical advico relative to a complaint under whbichhe was iabouring at the time. The insolveat, beina exanm.'ed on this subject, stated that he merely went to the doctori hiouse di, reAt, and back again to the prison, that he had been in custody witbin the walls from the time of his 3riest, amd had never stopped onte night out of it during that period. AIr. HEAUTI, Ibor the insolvent, argued- that there kad been no breach here of the condition required bythe act; theobject of-vhich was to disentitle persons wbo were not in actual custody) but living perfectly at their ease in vome of the streets within the rules, to re- ceive any benefit from it. TbIe insolvesnt had not been enjovin th rules of the prison; he-had been ini-cloAe confineient and not been outside the wa'ls except on this ene occasion, wben he went, with leave of the office- (for without ithe could niothave t ont), to procure necessary medical advice. , g o 0 Dir. POLLOCyc contended, that thie nsolvent lad violated the con. ditian impomsed by the act, of remaininFj ic. uctin custody Dirtl COOKE argued still urtlher1 that, if the insolvent hbd even goneant eoon a dda.rule in teri. time,;he wOald sRt have complied uTshse lCowLT was not disposdi tn go that lengtb' with thelearned Mr. HEA,Tr havIng rephei4 Dir. ConimiquionerflAntias (being,the only cotninissionerpreatent) said, as the point wai'an importantvne, he should direc the cue to be adIjourned, until-itcouldbe.argued before thiTefll C.ourt -MrJ*HEwTHsaidi that.avitwisa possibleilhe poi4mmight ultimately bedecitledlaealnst hi~a1hs1et~et eI vraanby,- applying forleaveto eile:a new titian itb,Wo him to cpupl of monhs i ne i~ imp ly'.bient ubje ctin therefore ptay theju(dgmte-nt of. lie rtat Heot Dlr. Commissioner HAItS said,e cording to his present impeso,emu-odrtestto ole dismissed. Bventhzgsteiolethidhegorslev b going out, that di o.( vn t,sneh et!otaeiy?o being a bireacirof lea I tdr.Pieosimi.--- INSOLVENTDEBTORSTCOURT, LiNCOL2'S.INN-FIELD:, FDXDAY. Nov. 5.