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

Jones v. Jarvis

insolvency - imprisonment for debt

Supreme Court of New South Wales, Port Phillip

Willis J., in Chambers, 13 July 1841

Source: Port Phillip Patriot, 15 July 1841

His Honor the Resident Judge, attended the Chambers of the Supreme Court on Tuesday last, for the purpose of hearing the following applications under the Insolvent Act, and also for the despatch of general business.

Jones v. Jarvis ---William Jarvis who was in custody on an execution at the suit of the plaintiff, on a decision from the Court of Requests for £9 3s., came up on his petition to be discharged under the Insolvent Act. The insolvent stated himself to be a French polisher by trade but had lost the use of his right arm. There being no opposition to the petition, His Honor in directing the insolvent's discharge, said "it was the duty of the insolvent as an honest man to endeavour to pay the amount of the detaining creditor's claim, as early as possible, and if not able to pay at once, to do so by instalments. The insolvent was not to run away with an idea that his being discharged from prison discharged him from the debt, as at any time he became possessed of property the detaining creditor could seize it to satisfy the present claim.

His Honor enquired of Mr. Wintle, the gaoler, if the insolvent was the person whom he (Mr. Wintle) had been supplying with food for some time past; as it had been represented to him that a poor debtor in his custody was almost in a state of starvation.

Mr. Wintle replied that the present insolvent was not the person alluded to.

Judge Willis said he must not allow any person to starve, and directed Mr. W. to continue supplying the prisoner and he would indemnify him, and see any thing refunded he expended in the cause of humanity.

His Honor also enquired how the unfortunate man under sentence of death was getting on.

Mr. Wintle said he was getting on as well as the unfortunate circumstances of his case would admit, and that he was very attentive to his clergy.

His Honor said he was very glad to hear it.

Published by the Division of Law, Macquarie University