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

Kettle v. Macquoid [1841] NSWSupC 55

imprisonment for debt, escape - insolvency

Supreme Court of New South Wales

Burton J., 5 June 1841

Source: Sydney Herald, 8 June 1841[1]

SUPREME COURT. - SATURDAY.

BEFORE MR. JUSTICE BURTON AND A SPECIAL JURY.
KETTLE V. MACQUOID.

            This was an action against the defendant for an escape.

            It appeared that one Alexander Frazer being in custody in Carters' Barracks,[2] the Sheriff's prison of the Supreme Court, under a writ of capias ad satisfaciendum, had himself brought up to the Supreme Court for the purpose of being discharged under the Insolvent Debtors' Act, by a rule of the Insolvent Debtors' Court. The plaintiff proved that the lodged his writ of detainer against Frazer for £1972 16s. 1d., at about four o'clock on the 20th September last, and that Frazer on that day was standing for a short time alone without any control or restraint, upon the steps of the Supreme Court, after the writ had been lodged in the Sheriff's Office. It was for this escape that the action was brought to secover the amount of the plaintiff's writ. The defendant proved that Fraser was brought up under a rule of the Insolvent Court without his knowledge or assent.

            Mr. JUSTICE BURTON directed the jury that if they believed the evidence for the defendant they should in point of law find a verdict for him.

Mr. FOSTER, Mr. WINDEYER, Mr. BROADHURST, and Mr. DARVALL, for the plaintiff. Mr. PUREFOY for the defendant.

            Verdict for the defendant.

Notes

[1]              See also Australian, 8 June 1841.

[2]              At this time, this was the debtors' prison.  Macquoid was the sheriff.

 

Published by the Division of Law, Macquarie University