Ex parte Samuel Downing, a Bankrupt

• Jurisdiction: Ireland
• Judgment Date: 30 May 1845
• Date: 30 May 1845
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

Ex parte SAMUEL DOWNING, a Bankrupt.

Ex parte VogelENR 2 B. & Ald. 224.

Ex parte Isaac Mont. & M'Arthur, 27.

Yoxley's caseENR 1 Salk. 351.

In the matter of HadlandUNK 1 Dowl. N. S. 835.

Ex parte Cassidy 2 Rosc, 217.

Coombe's case 2 Rosc. 396.

Ex parte M'Gee 6 Mad. Rep. 206.

Ex parte DaunceyENRENR 3 Gale & Dav. 640; S. C. 12 Mees. & Wels. 271.

Ex parte Bardwell 1 M. & A. 193.

Ex parte Lee 2 M. & A. 15.

Ex parte TaylorENR 3 East, 232.

Bracy's caseENR Comb. 390.

494 CASES AT LAW. T. T. 1845. Queen'sBench. Ex parte SAMUEL DOWNING, a Bankrupt. (Queen's Bench.) May O. Questions put A WRIT of habeas corpus had issued, directed to the Marshal of the to a bankrupt Marsha/sea, to bring up Samuel Downing, a bankrupt, who had been in reference to the prepara- committed under a warrant, signed by the Hon. Patrick Plunket, one tion of his schedule, are of the Commissioners of Bankrupts. legal questions The warrant bore date 20th May 1845, and recited, that a corn within the meaning of the mission of bankruptcy, dated. 3rd April 1845, had been awarded and s6 49.; 4ande.ev14a! issued against John Downing and Samuel Downing, dealers and sive answers chapmen, directed to John Macan and Patrick Plunket, the Commis thereto, justify B of the Commis- sioners oankrupts, statutes appointed under and by virtue of the sioner in issu- made and in force in Ireland concerning bankrupts. That on the ing a warrant for his com- 18th of April following, John Downing and Samuel Downing had mittal. surrendered themselves to John Macan, Esq., one of the said Com A warrant ising the missioners authorised to proceed with the said commission, and had author committal of a submitted themselves from time to time to be examined before the bankrupt for not giving said Commissioners touching the discovery of their estate and effects, satisfactory and in all things to conform themselves according to the directions of answers on his examination, the statutes ; and being duly sworn and examined, said they were ought to show the face of never before bankrupts or insolvents. The warrant then stated that on it that he had " On the 20th of May following (to which day their examination had been declared and adjudged "been adjourned at their request), Samuel Downing, one of the said a bankrupt ; "bankrupts, again surrendered himself to me, one of the said Corn but, Seale, where the war- " missioners in the said commission named, in order to finish his rant states that the bank- " examination, and to make a full disclosure and discovery of his t rapt surren- " estate and effects, and was then duly sworn, and required to make dered himse, and in somelf of "such discovery ; and that he made and subscribed a deposition." his answers his The warrant set forth the deposition, and that the Commissioners assignees were spoken of, the had put several questions to the bankrupt ; among others, the follow- cured defect such is ch ing questions and answers were set out :-" Why have you not being a formal " furnished your schedule ?"-" Because I could not ; I had no means wmiatthtienr, thaend " f i " " o dong it.- Why could you notyou , and what means did y terms of the " want ?"-" I wanted money to pay an attorney to prepare it ; an 52nd section. " attorney told me he would not prepare it for less than 20. I The warrant need not spe- " applied to J. M. to do so."-" Did you apply to any other person to cify the precise • ans " answers with assist you in making out your schedule ?"-"No."-" Did you pre- which the " pare any list of creditors, or statement of your affairs, as instructions Commissioner was dissatis- " for your attorney or other person for the...