Insolvent Debtors' Court,...
The Times, 1824-10-06T00:00:00

j .ne above Insolvent was before the Court fetterdiay,wher in con sequence of arn objection it lirnlise being raised by.slr. Adolphus to the formn and contents of the petitioner's schedttJ4it was postponed until tlhis day. Mfr. ADOipirus stated that he appeared before the Court on the part of a 5r. Warburton, who in the sittings after last term obtain- cn a verdict against the insolvent for a libel in the sum of 650l. The insolvent liad inserted this itemii as a debt in his schedule, and by his present applieatidn sought to be abselved from his liability. The earned gentleman contended that the verdict being only obtained in the interval between thle last and ensuing term, it had not merged into a debt or claim, and that it ought tberefore to be eximungcd frM his schedule. This was hs (Air. Adolphus's) application, and he su9bmtted that as his client had no power over the person or property of the insolvent intil finaljudgment was obtained, he could not then obtain his discharge from a contingent liability, as it was in his power to apply for a new trial if lie thougbt proper so to do; at all events, liis'personal liberty was not in danger, as judgrncnt could not be awarded uintil the 4th day of' Michaelmas term. The Court wishedtobe informed by Mr. Heath, tle insolvent's counsel, whether he could prove this tc be a debt upon which they could adjudicate. Mlr. HEATH said, that lie considered it incumbent on the insol. vent to insert everyclain of whatsoever nature, before he eou:Id with safety swear to tile truth of his schedule. Witt, the ultimate deci. sion on the action vhich gave rise to the argument, he had nothing to do. [fence he would confine himself siiliply to the attetnpt to protect his client in that court. He considcred that the interests of Alr. IVarburton could not be affected one wag' or other. SIr. Cotnmissioner HA RRIs thought it couild onlv be put as a clain, under a verdict upon which no judgment had been signed, because Alr. Warburton did not claim to be a creditor. Air. AXlOLPlius.-Were he to do so, and this Court adjudicated on tle claim, the insolvent woiuld have it in his powerto set rside all future proceedings, by moving a superior Court, or an application to a Judge. Vlr. HE:AT1s proceeded.-The question was not what Air. WVar- burton claimed, nor did he care from what cause it originnted: he would take the fact, however, as it stood-that a verdict had been given for 500.L; yet he thought he could satisfy the Court, that from the day the verdict was delivered, the debt began to exist; because, in the event of a judgment, the plaintiff must retrograde to it as the primary cause of consequential damagea. He (Sir. H eath) might as well be told, that in a ese sf aseumpsil, or breach of contract, where a verdict was given for the plaintiff, there was no debt. As to the final judgment not being signed, that was an act of the plaintiff's; and if he had a mind to do it, he might hold the verdilct in terrorcm over his defendant to thelatest period of his life. Mr. Commissioner LAw..Tlhen you contend that he may bc dis. charged from this debt ? Mr. HEATHs did not entertain the least doubt of it. For irstance, an insolvent was bound to put bills of exchange in his schedule, which were extant, and formed partof hisliabilities,rlthough hedid notknow in whose hands they might lie when they arrived at maturity . It was better that the petitioner should not be deprived of a valupble privilege-than that he should run the risk of subscribing and swear- ing to a false schedule. *Vith ulterior proceedings he had nothing to do: his province was only to protect tue insolvent in that Court, for if he should afterwards be arrested on this claim, another Court would decide upon the legality of the act. The learneid gentleman concluded by giving it as his opinion that the claim ought to stand. AMr AciOLPaus, at considerable length, addressed the Court in reply. His learned friend had stated, that a plaintiff might, at pleasure, suspend a judgment over the head of a defendant. This he (lr. Adolphus) denied, because there was an appeal to be made, and the Judges of the superior courts had always a superintending power over their suitors; as to the insolvent's claim being proper for insertion, as well might an under-writer come to that Court to be freed from the policies of vessels he had insured, the destiny of which he was tnable to ascertain. After a long argument, the Court adverted to the 18th section of the act, byv which it appeared that no debt, arising from an action in a court o law or equity, could be absolved by them, unless the damages had been recovered: in the preseant case nothing of the sort a beendone; therefore it would nave been impossible for Mr. Warburton to raise an opposition which would subject the insolvent to the punishment azarded under that section. Therefore he could not be deemed a creditor, while he was precluded from an opposition: hence the debt must bh expunged. Mr. HEATH then obtained leave to insert the fact, after annulling the claim; but the itnolvent refused to swearto his tichedute, in the first instance, which resolution he altered in the course of the da but theiCourt would not permit him to take his discharge, In the absence of the opposite counsel, who had left the Court . but gave leave for him to come up on a future day, on giving due notice of his intention to do so. r I2TASOlPEYTX DEBTORS' COtTRT, OcroagR 5. IN T_E MATTER 0pD FWLLrAlif U9OW, FlojTRMERLy or TI - STRAND, PRINTEE. W vNll r-v