Brewster against Kidgil
| Jurisdiction | England & Wales |
| Date | 1794 |
| Year | 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 710
IN THE COURT KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
[368] case 181. gregory's case. The Court will not discharge a bankrupt committed by the commissioners on affidavit of his having complied. Gregory was committed by comtniasionera of bankrupts for not answering and making a discovery of his estate; and now he appeared in Court upon a habeas corpus. It was moved that the writ might be filed, and that he might be discharged upon producing affidavits that he had made a discovery. But the Court would not discharge him; for if the commitment be void, he may bring an action of false imprisonment (a). The Court said, that the commissioners need not ask the party whether he will be examined or not; for the statute (b) gives them power to examine upon interrogatories, which they must prepare, and tender to him ready drawn (c). And this being not returned upon the habeas cm'pus (d), the warrant of commitment for that reason was held void (e). (a) 2 Vent. 295. (a) See 1 Salk. 348. 2 Bl. Eep. 1144. (b) 1 Jac. 1, c. 15. (c) But now by 5 Geo. 2, c. 30, s. 16, the commissioners may "examine, as well by word of mouth as on interrogatories in writing, all and every person and persons against whom any commission of bankrupt shall be awarded, touching all matters relating to the trade, dealings, estate, and effects of such bankrupt; and may also examine in manner aforesaid every other person duly summoned before or present at any meeting of the commissioners touching all matters relating to the person, trade, dealings, estate, and effects of such bankrupt, &c. and shall reduce the answers to the verbal examinations into writing, &c. fec. which the party examined shall sign." (d) By 5 Geo. 2, c. 30, s. 17, "If any person shall be committed for not answering any question put by the commissioners, the question or questions must be specified in the warrant of commitment." () By 5 Geo. 2, c. 3, s. 18, on the return to any habeas corpus on such commitment, if the warrant shall appear insufficient, the Court before whom the party shall be brought, shall commit such person, unless it appear that he has fully answered, &c.
English Reports Citation: 87 E.R. 711
IN THE COURT KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
See. S. C. 12 Mod. 166 (with note).
case 183. brewster against kidgil. [See S. C. 12 Mod. 166 (with note).] A rent-charge in fee was granted in the year 1649, with an indorsement on the deed, " that the true intent and meaning of the parties was, that the said rent-charge should be paid clear of any taxes on the land or the said rent; " which clause was confirmed in 1652. By 4 Will. & Mary, c. 1, four shillings in the pound is laid upon land, to be deducted by the tenant from the rent, with a proviso that it shall not alter the covenants or agreements of tha parties. And it was held, that as the land-tax existed prior to the grant of the rent charge, this covenant on the part of the grantor extended to it, and freed the rent-charge from it, although the particular land-tax was imposed subsequent to the grant.-S. C. 1 Salk. 198. S. C. 2 Salk. 615. S. C. 3 Salk. 340. S. C. Comb. 424, 466. S. C. Garth. 438. S. C. 12 Mod. 160, 171. S. C. Holt, 175, 609 a. 669. Thia was a special action on the case, upon a feigned issue, by consent, to settle a difference between the grantor and the grantee of a rent-charge concerning the payment of taxes. The plaintiff declared, that he was seised of a rent-charge in fee of forty pounds a-year issuing out of the lands of the defendant, &c. The defendant confessed the seisin, but averred that it was lawful for him to devise four shillings in every pound out of the [369] said rent for two years and a half, by virtue of an Act of Parliament, &c. The plaintiff avers, that it was not lawful for him to deduct it; and concluded to the contrary. The defendant joins issue. This cause was tried in Middlesex, and...
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