Ex parte Bradbury
| Jurisdiction | England & Wales |
| Judgment Date | 14 November 1853 |
| Date | 14 November 1853 |
| Court | Court of Common Pleas |
English Reports Citation: 139 E.R. 7
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 2 C. L. R. 585; 23 L. J. C. P. 25; 18 Jur. 189.
Ex parte bradbury. Nov. 14,1853. [S. C. 2 C. L. E. 585; 23 L. J. C. P. 25; 18 Jur, 189.] A bankrupt, on his examination before a commissioner, being asked why a certain cheque for 1001. had been drawn in favour of his brother (who, he admitted, did not receive the money), and how the proceeds were appropriated, answered that his memory did not serve him : the commissioner committed him to prison, for not answering to his satisfaction, under the 12 & 13 Viet. c. 106, s. 260:-Held, that he was justified in so doing.-The 261st section of the statute provides, that, upon a habeas corpus to discharge the bankrupt from a commitment under s. 260, the court shall, if required by the bankrupt, in case the whole examination is not set out in the warrant, " inspect and consider the whole of the examination of such person, whereof any such question was a part: "-Quaere, as to the mode of obtaining the examination, where the rule is merely to shew cause why habeas corpus should not issue,-it not being the practice to grant a certiorari for that purpose. Phipson, on a former day in this term, moved for a writ of habeas corpus cum causa to bring up the body of John Bradbury, a prisoner committed to the gaol of Coventry, under a warrant of G-. E. Daniell, Esq., one of the commissioners of the court of bankruptcy for the Birmingham district, for not answering to his satisfaction certain questions put to him. The warrant of commitment was as follows:- " Whereas, a petition for adjudication was duly filed [16] against John Bradbury, in the court of bankruptcy for the Birmingham district, by the name and description, &c.; which said petition was filed on the 12th of August, 1853, in the said court of bankruptcy for the Birmingham district; under which said petition the said John Bradbury was duly adjudged bankrupt: And whereas the said John Bradbury, having been duly summoned to come before me, one of the commissioners of the said court, at the court of bankruptcy for the Birmingham district, on the 30th of August, 1853, and the 29th of September, 1853, then and there to be examined, and to make a full and true discovery and disclosure of all his estate and effects, did duly surrender to the said petition, and attend in pursuance of the said summons so served upon him as aforesaid : And whereas the said sitting so appointed to be held on the said 29th of September, 1853, has by adjournment been holden this day: And whereas the said John Bradbury duly signed the declaration required by the statute in that case made and provided: And whereas, I, Edmund Eobert Daniell, Esq., one of the commissioners of the said court, sat at the said court on the 2nd of November instant, and the said John Bradbury came before me. and was examined under the declaration so signed by him as aforesaid, in manner and term following, that is to say,- " On March the 3rd, there appears a cheque for 7501. in the bank book, drawn in favour of Mr. Fisher. He is a solicitor, of Liverpool: he was acting at the time for 8 EX PAKTE BRADBtJBY 14 C. B. 17. Mr. Hamp, who was very ill. I wanted the money, to complete a mortgage on behalf of the trustees, before the 9001. could be drawn out of the funds; the trustees agreeing I should have that money. I first advanced the 7601. to the trustees, and they repaid me. The 7601. was not on my own account, but on. the part of my wife's trustees. My bankers advanced it to me for the use of my wife's trustees. They advanced me a sum of money on my [17] house, in the Moseley Eoad. I purchased Willow Cottage about June the 30th ; I was to pay 7601.; I had only then the prospect of borrowing the money on the property, by way of mortgage: I then borrowed 5001. from Mr. Moise, of Liverpool. Mr. Hamp, solicitor, obtained the money for me. I do not know Mr. Moise. I then executed a mortgage for 1501. to my wife's trustees, on the Willow Cottage. I did not receive at that time any money direct through the trustees, but, through their medium, I had 1501. from my wife, having previously asked the consent of her trustees. The 1501. was paid to me at the time of the mortgage, or, I believe, a short time before the house was purchased. My wife, I believe, drew the money from her trustees. On the 30th of June, I executed a declaration of trust, declaring the...
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