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![handle is hein.slavery/ssactsengr0711 and id is 1 raw text is: EX PARTE JONES
Mill, 12 Ves. 406. White v. Fussell, 19 Ves. 127, 592; 1 Ves. & Bea. 151 ; 2 Ves.
& Bea. 267, n. Watmore v. Dickinson, 2 Ves. & Bea. 267. Anon. 3 Ves. & Bea.
93. Russel v. Atkinson, 2 Dick. 532. Vaughan v. Worrall, 2 Madd. 320.
Piggott v. Croxhall, 1 Sim. & Stu. 467.
[328] JONES, Ex parte. April 1st, 1803.
A bankrupt, who has neglected to surrender, cannot supersede his Commission with
the consent of his creditors without first obtaining leave to surrender.
This petition was presented by a bankrupt; praying, that the Commission
may be superseded ; all the creditors consenting.
The Lord Chancellor objected, that he had not surrendered.
Mr. Richards in support of the petition stated the effect of the affidavit ; that
the bankrupt went out in great distress of mind, not intending to abscond, but
happened to see the Liverpool mail-coach ; into which he got; and at Liverpool
embarked in a slave ship, bound to Africa.
The Lord Chancellor [Eldon]. Notwithstanding all this (and I believe this to be
an honest case), I cannot do it in this way. He has committed a felony; which
cannot be got rid of in this manner. He must apply by another petition, first, to
have leave to surrender. Then he will be before his creditors ; and after that he
may make this application.
The petition was dismissed.(1)
(1) Ex parte Stokes, 7 Ves. 405. Ex pare Jones, 11 Ves. 409; 17 Ves. 48.
See the notes, 7 Ves. 409; 11 Ves. 410, shewing cases of exception.
TAYLOR'S Case. April 1st, 2d, 1803.
A bankrupt may be committed by the Commissioners, though swearing positively,
if his answers are not reasonably satisfactory. Being brought up by habeas corpus
he was remanded: the whole examination not being satisfactory; though par-
ticular answers, separately taken, might have been so considered.
John Taylor, a bankrupt, having been committed by the Commissioners for not
giving satisfactory answers to the questions put to him upon his examination, was
brought into Court upon a writ of Habeas Corpus. The examination upon which
he was committed, took place on the 17th of January. On the 7th of March the
bankrupt attended the Commissioners ; [329] and delivered to them different
answers to some of the questions instead of those he had given upon the former
examination, The following is the material part of the examination.
Q.-What is the reason, that the book marked C. appears to be cut and mutilated
A.-It was done by me about the 23d of October last 1802. This book contained
the accounts between me and my creditors. This account commenced first of all,
when I went to Worcester : then I had a long account with Mr. Hamilton : and
was in the habit of getting bills discounted for him at the Worcester bank; and he
likewise charged me with interest and Commission; that the accounts became so
confused between us, that I could not keep them correctly. In consequence of
that I cut the accounts out of it.
Second Answer.-This book contained the accounts between me and Hamilton
and the rest of my creditors. From my not paying that attention to my accounts,
which I should have done, they became very much confused; and I could not by a
reference thereto correct any error, that might have arisen ; and as I was desirous
of making this book a shop book about October 1801, I cut all the accounts out of it ;
that my young men might not see the confused state thereof, or the sums of money,
in which I stood indebted.
Having stated, that there was no other copy of the accounts cut out, he was pressed
with the question, Why he destroyed them 7 The result of his answers was, that
as they were incorrect and confused, not only as to Hamilton's account, but generally
as to all his other creditors, and he did not like to expose them in his shop before his
[330] young men in that confused state, and as Hamilton's account transmitted to
8 VES. JUN. 328.](ViewImageLocal?handle=hein.slavery/ssactsengr0711&div=1&collection=&method=preview&ext=.png&size=3)