Pinsent: Re. Charles, 16: Tuesday, Dec. 19. (Before Mr. Commissioner Phillips): Re Charles Pinsent: Discharge by detaining creditor before adjudication. An insolvent not on bail, who has been discharged by his detaining creditor the evening before the day appointed for his hearing, being unopposed at the hearing, will be discharged by the court: This insolvent came up to-day for his hearing, being apparently in the custody the officer of the Queen’s Prison, as other insolvents; but the officer intimated to the court that his detaining creditor had sent a discharge to the prison on the preceding evening at half-past five o’clock, but, at the insolvent’s request, he was permitted to remain in the prison all night and come up with the other prisoners for a hearing. The insolvent prayed for the adjudication of the court. Mr. Commissioner Phillips being in doubt to whether the court had jurisdiction, the insolvent having been legally discharged, referred to the cases: Re Isaac Gabriel Costa, SC. C. Chron. 146 In this case discharge had been lodged on the morning of the day preceding that appointed for the hearing; but, in consequence of an oversight of the governor, the insolvent was not aware of it before he reached the court to which he had been brought in custody of the gaoler. There were circumstances in that case which induced the court to believe the discharge was lodged by the detaining creditor for the purposes of oppressing the debtor …
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Referenced
GRO0127 Devonport: Charles Pinsent: 1812 – 1863