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

Walford v. Green [1840] NSWSupC 93

insolvency, imprisonment for debt

Supreme Court of New South Wales

Stephen J., 23 November 1840

Source: Sydney Herald, 24 November 1840

Walford v. Green.  - In this case the insolvent had been several times remanded, in order to enable him to comply with the rules of the court; and was brought up on Saturday to explain to the court, how he had disposed of between £50 and £60, which he had become possessed of since the action had been commenced by which he had been incarcerated.  The whole sum claimed by the opposing creditor through his attorney, Mr. O'Reilly, agreed, on account of the bad state of health in which the insolvent was, to receive payment of it at the rate of 5s. per week, and, therefore, consented to his discharge.

            His Honor, stated that he had another duty to perform, and that was, to the law and the public; it had been proved before him, that the insolvent had with his wife made away with a sum of money which, if properly applied, would have paid the full demand of the creditor, or nearly so.  If the insolvent's health had been in a better state than it appeared to be, he should have given him a much more severe punishment than he was about to aware; it was in the insolvent's favor, that he had now come forward, even at the twelfth hour, and offered to pay by instalments; his moral sense of justice was thus shewn not to be entirely obliterated; but in order to shew others, that they should not with impunity get into debt and then evade payment, he should send him to gaol for seven days.  The insolvent applied to be sent back to Carter's Barracks, but his Honor told him he had no power, he must undergo his sentence in the common Gaol.

Published by the Division of Law, Macquarie University