iu 



53 Sect, 



Insolvent Court — Kin<r^s Bench Rules. 



[Sept. 1, 



Brought up 

 horse and cart to his 

 hrothcr-iii-law, to Hi 

 fraud his just ci editors 



Remanded, generally, n 

 reason stated . . • 



Remanded, not being i 

 execution, but cmiy fm 

 want of an appeariuc* 

 and bail to answer an 

 information filed afj;ainst 

 him on the Game La\\ s 



Remanded, for defective 

 schedules . • ._ • 



Remanded, for not giving 

 an account of the dis 

 posing of his efiects to 

 the satisfaction of the 

 court .... 



Remanded, on writs of 

 extent .... 



Remanded, for attempting 

 to impose on the cour 

 and creditors . . . 



Ditto, for giving a false 

 account of money paid 

 to a creditor . . • 



Remanded, not being with 

 in the intent and mean 

 ing of the Act, being 

 imprisoned upon e\ecn 

 tions out of tlie Court; 

 of Conscience . . . 



Remanded until Schedule: 

 amended .... 



;59 



Date of Conimitnmds of Prisaners in the 

 Custody nf the Mciishnl uf the Kini;'.'} 

 Bench Prison, previous to the Iiisolient 

 Act passed in 1813, who still remain in 

 Custoi'y. 



Mr. 



7th OctobiT ••■ 



6th April 



9th May 



28tb February •< 

 Slst October ••• 

 8ih November • • 

 12th November ' 

 ISth February • 

 28th September 

 14ih April •••• 



14th May 



12th November 

 l5th Noven>ber 



• 1785. 



• 1799. 

 •J 799. 

 •1806. 

 •1807. 



• ] 808. 

 ■ 1808. 



• 1 809. 



• 1809. 

 •1810. 



• 1 810. 

 .1810. 

 •ICIO. 



and 



Charles Harrisoii called in, 

 examined. 



Have jou an opportuiiify of knowings 

 ■what the' expence, first of all, is of ob- 

 taining the rules?— It depends upon tlie 

 amoiuit of the sum for wliicli tlie debtor 

 is confined. 



Tor 100/.?— For 100/. it is eight gui- 

 neas and a half, and for every 100/. af- 

 terwards it is four guineas. 



That is paid to the maishal? — Yes; 



but the marshal very often takes much 

 less. 

 Sir Richard Phillips called in, and 

 examined. 

 Give the committee any information 

 which you think may be of service t« 

 them in this enquiry? — I have al\vay» 

 observed, when I have been a creditor 

 of any person, and a meeting of credi- 

 tors has been called for the purpose of 

 receiving some proposition for the ar- 

 rangement of his afl'airs, that a difficulty 

 lias arisen, from the necessity which 

 exists at present of every creditor assent- 

 ing to the pro])osilion. If any credilor 

 at present holds out, and insists upon 

 having twenty shillings in the pound, no 

 wisli, or will, or decision of the other 

 creditors precludes that creditor from 

 obtaining twenty sliillings in the pound; 

 and the determination of the otlier cre- 

 ditors, not to allow one credilor to re- 

 ceive a larger dividend tlian they are to 

 receive imder the proposed arrangement^ 

 occasions the affairs of the debtor to bo 

 thrown into irretrievable confusion. Ho 

 is generally obliged to go to prison, or, 

 in some instances, to become a bankrupt: 

 in wliich cases his property is wasted, and 

 the creditors obtain much less than they 

 would have obtained if they had been 

 able to make an arrangement with the 

 debtor in the first instance. I havo 

 sometimes found that a single creditor 

 has held out in this manner against a 

 large body of creditors, and, as the body 

 would not consent that his bad spirit 

 should be gratified, by receiving twenty 

 shillings in the pound, to the prejudice 

 of the estate, they would enter into no 

 compromise with Ihe debtor. It ap- 

 pears then to me, that, if any law could 

 be established, which should enable a 

 certain proportion of the creditors to ar- 

 range with the debtor, thereby coHi- 

 promising the portion who do not, or 

 cannot from circumsfances, agree, that 

 creditors w ould make better terms with 

 the debtor, and most of the difficulties 

 which have arisen between debtors and 

 creditors would be removed. I con- 

 ceive that, previous to any meetings of 

 creditors, and the making of any propo- 

 sition, a debtor should be bound to givo 

 notice to the whole of his creditors, that 

 they should all be convened to the meet- 

 ing, and tliat all other checks w Inch are 

 practicable should he introduced, to pre- 

 vent any fraudulent use being made of 

 the proposed plan of arrangement. It 

 appears to me, with reference to th« 

 court uow existinjf, that that court 

 would 



