ANGLO-CELT NOVEMBER 17, 1848 INSOLVENT DEBTORS' COURT, CAVAN William Henry CURRAN, Esq., one of the Commissioners, held a court in this town on Monday last, for the discharge of Insolvent Debtors; and took his seat on the bench, in the Court-house, shortly after ten o'clock. The first insolvent called up to be heard on the matter of the petition was Henry NICHOLSON, and there being no opposition he was discharged. Mr. Edward REILLY of Boagh, near Cootehill, farmer, was called; he was opposed by Mr. John ARMSTRONG, attorney, on behalf of Mr. John ROBERS, of Belturbet, late county cess collector, for the barony of Tullygarvey, who stated that this was an adjourned case. Commissioner--What was this case adjourned for? Mr. ARMSTRONG stated in reply that this case was adjourned at the two former commission at the instance of the insolvent himself. Commissioner--Very well, Mr. ARMSTRONG; what is the nature of your opposition? Mr. ARMSTRONG--That he has property which he has not returned in his schedule. Mr. Samuel SWANZY, Clerk of the Crown, who appeared as attorney for the insolvent, stated to the court, that the insolvent procured the adjournment of his case at the two last commissions, with the view of trying to make an arrangement with Mr. ROGERS, his detaining creditor, as he did not wish to avail himself of the benefit of the Insolvent Act if he could avoid it. The case of the insolvent was this: he unfortunately was induced to join in bills with two persons of the law, and John SMITH of Artona (his brother-in-law), and John SMITH, a publican, residing in Cootehill (cousin-german of James SMITH, who was discharged as an insolvent in June, 1847), who were deputy collectors of county cess under Mr. Rogers, which bills were given to him as a security for the payment of money which they had received and did not pay over to him. Mr. REILLY was arrested and detained in jail for upwards of nine months at the suit of Mr. ROGERS; but James SMITH, and a man of the name of John FOY, of Bunoe (brother-in-law of John SMITH0 who also put his name on said bills, have not been arrested as yet under the execution issued against them for same, and no doubt if they were, they would be obliged to pay at least their proportion of said debt, as they are possessed of considerable property. Your lordship may perceive that poor Mr. REILLY has been made the scapegoat of the SMITHs, who should have paid their own debt to Mr. ROGERS. The insolvent was then placed on the table, and having been sworn, was examined by Mr. ARMSTRONG, and in reply to his interrogatories admitted that he had, in conjunction with a man of the name of Owen REILLY, received £1,000 from the guardians of the Cootehill union, for milk supplied by them as contractors to the workhouse, and that they had sometimes paid more money for the milk they supplied than what they received by the contract for it; had a crop on his farm last harvest, but paid rent and taxes out of it. Commissioner--And Mr. ARMSTRONG you must be aware that he had also to pay for seed and labour. The insolvent was then ordered to be discharged, and that Mr. ROGERS might apply, if he thought proper, to the Insolvent Court in Dublin to be appointed assignee, but that the insolvent would be at liberty to oject to his appointment. THE SMALL DEBT'S ACT Thomas WILTON was opposed by Mr. John ARMSTRONG on behalf of Thomas SMITH. It was an adjourned case. Mr. ARMSTRONG stated that the insolvent became indebted to his client in the sum of £38, to satisfy which, he gave a rent charge for a tenant of hisfor £5 10s. a-year, but which he prevented him from paying to him; and, in addition to that he was possessed of a fee simple property of 22 acres of good land, but nothwithstanding which, he refuses to pay his just debt to his client. Commissioner to Mr. SWANZY, who appeared for the insolvent--What have you to state in reply to the charge against your client? Mr. SWANZY--On consideration of the case, I think it is better to have the petition of the insolvent dismissed, as he can be discharged under the recent act of parliament, which came into operation on the 1st instant, his retainer being under £10. Commissioner--As the insolvent has thought proper to prefer his petition to this court, and not avail himself of the benefit of that act of parliament, as he might have done at any time since the 1st of this month, and procured his discharge from prison, I will proceed with the case, and appoint Thomas SMITH his assignee. Mr. SWANZY--With great rspect, I think your lordship is in point of law bound to dismiss the petition on the application of the insolvent, so that he may avail himself of the benefit of the act of parliament. Commissioner--Mr. SWANZY, I will not do so. Mr. SWANZY--Well, my lord, perhaps you will be so good as to make a note of my objection, as we will bring the case to another tribunal, and it will be necessary to refer to you note of my objection. Commissioner--I will make no note of your objection. The insolvent was then discharged. Peter CLARKE, a most wretched looking wight, who, it appears, was in confinement for twelve months and upwards, and whose addition in his schedule was a farmer, was brought up for adjudication, and there being no opposition entered against he he was discharged. His wretched appearance created a great sensation in court, and what astonished many persons in court was, how he procures the funds (no inconsiderable sum, which the insolvent agents, no doubt required from him), to enable him to file his petition. Henry M'CAULEY out of custody; his petition withdrawn. Owen SMITH, James M'CABE, John LEE, Philip BRADY, Samuel WILTON, Patrick MULHOLLAND, Philip CONLON were discharged without oppostion. Denis M'CABE, Sheriff's Bailiff, adjourned case--Insolvent opposed by Mr. John ARMSTRONG, attorney, on behalf of Terence CONNELL, from whom insolvent held a house. To be discharged, and give up the house to Hugh M'DONNELL, CONNELL's bailiff, in three week's from this day. Thomas MULVANY, farmer, opposed by Mr. S. N. KNIPE, attorney, on behalf of Mr. Samuel GERRARD, the Receiver under the court of Chancery, in the case of HODGES v. James O'REILLY, of Baltrasna. Like rule to give up possession of his land immediately, and his house in one month. James DRINNAN, farmer of Tullyvin, who holds a farm of about five acres of land, was opposed by John TOTTEN, one of his creditors, who applied for a postponement of the case until next commission, in consequence of the absence of Mr. Thomas COCHRANE of Ballyconnel, his attorney. Application refused, and insolvent discharged, and an intimation from the court to TOTTEN, that if he thought proper, he might instruct Mr. COCHRANE to apply to the court in Dublin to have himself appointed the assignee of insolvent. Benjamin STAFFORD, farmer, opposed by MR. GRATTAN, attorney, on behalf of Messrs. GRATTAN and HUDSON, executors of the Rev. Wm. GRATTAN, deceased. Insolvent discharged on giving an under- taking to give up his land immediately, and house in a month. Mr. SWANZY appeared for the insolvent. Michael LARKIN, a supernuated excise officer, was opposed by Mr. John ARMSTRONG, on behalf of Patrick CUSACK, Dorethea GREGG, and George ELLIOTT. Mr. SWANZY appeared on behalf of the insolvent, and stated that the insolvent, who has a pension of £54 per annum, as a superanuated excise officer, was anxious to have the case postponed until next commission, he standing out in the interim on his former bail, so as to enable him to arrange with his opposing creditors. Court--Be it so, and added, that it would strongly recommend the insolvent not to neglect making such arrangement, otherwise, it might be that the court would order his pension to be allocated for the payment of his creditors. Terence FARRELLY, farmer, from the parish of Mullagh, opposed by Messrs. KNIPE and ARMSTRONG on behalf of the Kells branches of Hibernian, and London, and Dublin Banks. After the examination of two witnesses, John FARRELLY, and Joseph DOUGHTY and the insolvent himself was remanded for six months, from the date of investing of the Bank to be at liberty to apply to the court in Dublin to have an assignee appointed. Peter REILLY having been called and not appearing, it was intimated by the governor of the gaol that he was out of custody, having settled with his detaining credior. Michael MULVEY, farmer, was opposed by Mr. KNIPE on behalf of Mr. W. SHERIDAN, receiver under the court of Chancery, in the case of REYNOLDS v. FITZPATRICK, who sought, that ere he would be discharged, he might be obliged to give an undertaking--to give up the possession of his land to the receiving, but, it appearing that the insolvent held the land by lease, he was discharged without being put on terms to give such undertaking. The receiver should be so advised to apply ato the court in Dublin to be appointed assignee. Bernard SHERIDAN, farmer, opposed by Mr. ARMSTRONG on behalf of the Rev. Hammond DAWSON, the landlord. Discharged, on condition of giving up the land to Martin SMITH, of Shraw, Mr. DAWSON's bailiff, on that day month. Andrew CLARKE, farmer, his detaining creditor not served--his return to be dismissed, to enable him to be discharged under the late act, the detainer being under £10. Patrick M'QUAID, farmer, opposed by Mr. John ARMSTRONG on behalf of Margaret HURST--grounds of opposition two-fold--collusive arrest and suppression of property. It appeared that the insolvent resides in the county of Monaghan, where he obtain a sessions decree at the suit of a quillboy of his own, against himself; brought it with him to the town of Cavan, where he himself went to the sub-sheriff, got his warrant to it, and on the same it bore date; walked into gaol. Petition dismissed. Phil SMITH, farmer, opposed by MR. ARMSTRONG on behalf of Mr. John ROGERS, receiver in the causes of SMITH v. REILLY, and REILLY v. SMITH. The insolvent having a lease of his farm; Mr. ROGERS to apply in Dublin to have an assignee appointed. Patrick REILLY, farmer, opposed by Mr. SWANZY on behalf of Constantine O'NEIL, his landlord. Discharged--to give up his farm to opposing creditor in one month. Patrick LYNCH, farmer, opposed by MR. ARMSTRONG, on behalf of Mr. James BENSON, the receiver of insolvent's landlord, but it appearing that he (insolvent) held by lease. He was discharged without being obliged to give an undertaking to surrender his farm -- the receiver to apply to the court in Dublin to have an assignee appointed. Lawrence DOLAN, farmer, opposed by MR. ARMSTRONG on behalf of Mr. Wm. Armitage MOORE, agent of Lord Annesley. Discharged-- to give up his land in one month to Thomas REILLY, his lordship's bailiff. Charles CLARKE, farmer, opposed by MR. SWANZY on behalf of Mrs. Margaret DOUGHTY, his landlady, on the grounds of vexatious litigation, he having driven her to the expense of a Record, which cost between £60 and £70, to receive her rent. Remanded for six months, from the date of his investing order at the suit of Mrs. DOUGHTY. As the proceedings to be adopted to obtain possession of the house or land, in pursuance of the undertaking given by the insolvent, may not be generally known to parties interested, it may be well to state it for their information. The landlord or his law agent must take out a copy of hearing, serve a copy of it on the insolvent, at or before the time the demand for possession is made; and, on refusal, an affidavit of the service of the notes of hearing, the demand and refusal of posses- sion must be made, filed, and an attested copy of it taken out to ground an application for a conditional order for an attachment against the insolvent, which must also be served on him, and an affidavit of the service also made, ere it can issue, which proceeding is much more expensive than that attending the obtaining of an Ejectment Decree. =================================================== County Cavan Newspaper Transcription Project