The the Mattter of CORNELIUS HICKEY

• Jurisdiction: Ireland
• Judgment Date: 15 April 1847
• Date: 15 April 1847
• Court: Court of Chancery (Ireland)

Chancery.

The the Mattter of CORNELIUS HICKEY.

Ex parte VagelENR 2 B. & Ald. 219.

Ex parte Isaac 1 Mpn. & Mac. 23.

Ex parte CassidyUNK 2 Rose, 220.

In re Downing 8 Ir. Law Rep. 494.

Ex parte Bardwell 1 M. & Ay. 193.

Ex parte HarrisonENR 1 B. & Ad. 410

Ex parte Bardwell 1 M. & Ay. 193.

Ex parte Dauncey 3 G. & D. 640; S. C. 12 M. & Wel. 271.

Ex parte Downing 8 Ir. Law Rep. 494.

432 CASES IN EQUITY. 1847. Chancery. In the Matter of CORNELIUS HICKEY. Apri115. (Chancery.) Statute 8 & 9 Tins was an application by petition on behalf of the bankrupt, who Vic. 0. 48 had been committed to prison, for not answering satisfactorily upon (abolishing oaths in bank- his examination, by Mr. Commissioner Macan, that he might be dis- ruptcy), d ext does end to from rom custody. Ireland. The petition, filed the 12th of April 1847, stated that a commission A committal of bankruptcy, bearing date the 24th of December 1846, was issued for unsatisfac- tory answers is against the petitioner ; that he surrendered, and was afterwards sufficient, which states examined by the Hon. Patrick Plunket ; that on the 12th of March that the bank- 1847 he was committed to prison by warrant, under the hand and rupt was " duly " seal of Mr. Commissioner Macan, for not answering satisfactorily, sworn, though as alleged in the warrant ; that on the 16th of March the petitioner it is to an swer " all" was again brought up before the said Commissioner, and, being questions, and further examined, was then re-committed to the Four-Courts Mar not limited in the words of shalsea, on a fresh warrant of the same Commissioner, on which the Act to questions re- warrant he was then in confinement. specting his The last-mentioned warrant stated the award and issuing of the trade, &c., and does not commission, the declaration of bankruptcy, the surrender and sub state that the mitting to examination of the bankrupt, the various adjournments examination was taken in of the final examination, and then proceeded as follows :- writing, or specify, what "And And whereas the said Cornelius Hickey did, on the said 9th day- particular of March 1847, again appear and surrender himself to me, in order answers are unsatisfactory; to finish his examination ; and the said Cornelius Hickey being then the warrant and there duly sworn and examined before me, and being required setting out an examination, to make true answers to all such questions as should be put to him, on face of it, pro the per, and I the said Commissioner did cause the several questions next here- answers which inafter set forth to be propounded to him the said Cornelius Hickey, on the whole are " uusatis• to which questions so put the said Cornelius Hickey gave the several factory," and answers immediately and respectively following the said questions, which for this purpose need in manner following, that is to say " not be neces- false. The warrant then set out at full length the examination of the sarily bankrupt and his answers in relation to the following entry in his Statement. schedule:-" Bankrupt lost in bank notes, by the burning of his house in Ennis, a sum of 680,"-in which the bankrupt stated that he had kept the notes tied up in a bundle in a red moreen bag ; that he put them into a small deal box, which he kept locked up in a closet, divided from his drawing-room by a partition ; that there was CASES IN EQUITY. 433 no fire-place in the closet or in the partition wall, but there was one at the other end of the drawing-room ; that on the 20th of October 1846, between the hours of seven and ten o'clock in the evening, while he was in a neighbouring shop, the fire took place, but was extinguished on his return ; that he did not inquire when the fire took place, and was in such a state of mind that he lost all recollection that the box rested on the floor. He further stated that he did not know whether he went into the closet or not, but that he saw the place where the box had been, and the floor wet and swept, and a hole, not quite so large as one of the panes of glass in the window, burned through the partition wall ; that he did not make any search for the remains of the notes ; that he did not tell any one that night that the notes were burned, and that neither his wife or any other person knew he had them. He also stated that he had been collectÂÂing the money from the April previous, and yet that he had asked two of his creditors to renew bills for him shortly before the fire ; but the reason of his doing so was...