372 AN N U AL REG ISTER, 1817. 



character, but have been obtained 

 for the purpose of gaining an un- 

 just priority in the recovery of 

 private debts, in direct contia- 

 diction to the law, as formerly laid 

 down ; and an inspection of the 

 documents will yield the strongest 

 presvmiption, that many persons 

 have procured themselves to be 

 made crown debtors, with the ex- 

 press and sole view of abusing 

 the power they surreptitiously ob- 

 tained. 



The avowed object of these writs 

 being to obtain this preference 

 over all other creditors in the di- 

 vision of an insolvent's effects, in 

 defiance, as your committee think, 

 of the common dictates of justice, 

 and of the intention of all the laws 

 respecting bankruj)ts, it is of their 

 very nature to inflict hardship ; 

 without this they do not attain 

 their end : but in order better to 

 illustrate the full effect of the pro- 

 cess, it will be expedient shortly 

 to trace it from its commencement, 

 leaving the more full detail to be 

 collected from the minutes of evi- 

 dence. 



Tlie crown debtor, suing for the 

 process in his favour, must first 

 record his own debt ; if it be on 

 bond, by the exhibition of that 

 bond ; if otherwise,* by a- com- 

 mission, as it is called, composed 

 of two persons, one of whom is 

 generally a clerk in the Remem- 

 brancer's office, and the other the 

 under sheriff, or his clerk, who 

 receive one guinea each for their 

 return ; on this the extent issues 

 against the crown debtor, which 



• It appears to be tlie soundest opinion 

 that no other debtor could claim it at all. 

 See Eijd. p. 2'-', et al. App. ^'o. 4. Bun- 

 bury. 



however may propei ly be termed 

 collusive, as it is not only done at 

 his own request, for his own ex- 

 clusive advantage, on evidence fur- 

 nished by himself only, but the 

 words directing the seizure of his 

 body, goods, and lands, are omitted 

 in the warrant. The debts due to 

 this crown debtor are then found 

 by an inquisition or inquiry, made 

 before the sheriff and a jury sum- 

 moned for that purpose; when the 

 vivd voce testimony, or even the 

 aflSdavit of the creditor himself, or 

 of a third person (often witiiout 

 any examination), is accepted as 

 sufficient proof of the debts, 

 though the debtor not only has no 

 notice to attend to make objec- 

 tions, but, unless by accident, has 

 no means of knowing any thing of 

 the proceeding against him : and 

 the jury seem to be of a description 

 most incompetent to perform any 

 duty of delicacy or difficulty ; men 

 whose office is considered as wholly 

 formal ; who rely on the direction 

 of the under sheriff, or some one 

 in his employ, generally acting as 

 their foreman ; and of whose qua- 

 lity a proper estimate may be 

 formed from their receiving one 

 shilling each from the prosecutor 

 on giving tlieir verdict, and in 

 cases wliere " they have had any 

 extraordinary trouble, sometimes 

 a guinea being thrown among 

 them." After the proof of the 

 debt, by this evidence, and before 

 such a jury, an affidavit is made 

 in which the following particulars 

 are stated ; viz. 



1st. The debt due to the crown : 

 ^d. The debt due to the crown 

 debtor by his debtor : 



3d. That such debtor is in bad 

 circumstances, and the debt in 

 danger of being lost : 



4th. 



