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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Ewart [1840] NSWSupC 14

imprisonment for debt, insolvency

Supreme Court of New South Wales

Dowling C.J., 29 April 1840

Source: Sydney Herald, 4 May 1840

John Ewart late publican on the Liverpool-road, had been in jail eight days at the instance of a Mrs. McLaughlan, who had endorsed a bill for him, to enable him nine months ago to purchase the license of the public house he had occupied since the endorsement of the bill which he had never been able to take up, his whole property when setting up as publican being only fifty or sixty pounds, out of which he had paid for furniture, &c. thirty pounds; when in Sydney lately for the purpose of paying some bills a person seeing him with his purse in his hand containing upwards of five pounds, snatched it away, the money had not been recovered although the thief had been convicted; he had bad luck during the time he kept the public house, and the profits did not defray the expense of maintaining him and his family - he was a gentleman's servant and got when in service from £50 to £60 a year; he had a few grog scores due to him which he could not recover as they were not parts of lodgers' bills - he had, before he was taken in custody, sold his right to the license for ten pounds which license had been transferred by the Sydney bench and the whole of that sum had been expended in maintaining him and his family.  His opposing creditors at the suggestion of His Honor, was willing to enter into arrangements to receive the amount of the claim by instalments or small bills, but as the the insolvent declared he was unable to make either of these arrangements he being out of employment, he was remanded pro forma for a week to amend his schedule respecting the grog scores, and to enable him if possible to make such arrangements as would satisfy the persons who opposed his discharge.

Published by the Division of Law, Macquarie University