George James Gordon, Deceased, and of The Act 13 & 14 Vict c 35
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1860 |
| Date | 26 January 1860 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 407
BEFORE THE LORD CHANCELLOR LORD CAMPBELL AND THE LORDS JUSTICES.
S. C. 28 Beav. 5; 2 L. T. 100; 6 Jur. (N. S.), 409; 8 W. R. 298.
IN RE GORDON 407 [381] In the Matter of george james gordon, Deceased, and of the act 13 & 14 vict. c. 35. Before the Lord Chancellor Lord Campbell and the Lords Justices. Jan. 26, 1860. [S. C. 28 Beav. 5; 2 L. T. 100; 6 Jur. (N. S.), 409 ; 8 W. E. 298.] A debtor was discharged in 1833, under the India Insolvent Act, 9 Geo. 4, c. 73, from liability to arrest, and afterwards applied to the Court in India, under 4 & 5 Will. 4, c. 79, for a complete discharge, which that Act empowers the Court to grant to any person " who now is, or shall hereafter become, insolvent." Held, that a supplementary order for such discharge had been properly made, and was effectual, and that it was not necessary for the order to recite in the words of the latter Act that the insolvent appeared to the Court to have acted fairly and honestly towards his creditors. This was a motion by way of appeal from the order of the Master of the Rolls varying the separate certificate of the chief clerk, dated the 12th of De-[382]-cember 1859, whereby the chief clerk certified that a sum of 18,811, 14s. 2d. was due to the Appellant, as administrator of Colonel Mouat deceased, from the estate of a testator named George James Gordon, an account of whose debts and liabilities was in the course of being taken under the above Act. The case is reported below in the 28th Vol. of Mr. Beavan's Reports (page 5). The testator, George James Gordon, acting under a power of attorney, obtained a grant of letters of administration from the Supreme Court at Fort William, in Bengal, of the estate and effects of Colonel Mouat in India; and under these letters collected and received considerable sums of money on account of Colonel Mouat's estate. On the 24th of July 1833 the testator George James Gordon presented a petition to the Court far the Relief of Insolvent Debtors at Calcutta, and he filed his schedule on the 27th of the same month. A firm in which he had been a partner had, in May 1833, been declared insolvent, and he had filed with his partners a joint schedule. On the 28th of September 1833 he obtained an order of the Court adjudging him to be entitled to the benefit of the 9 Geo. 4, c. 73, as to the several debts in his schedules, which comprised the amount due from him to the estate of Colonel Mouat. He was subsequently, by an order of the same Court made on the 23d of April 1836, discharged under the 4 & 5 Will. 4, c. 79, from all liability as to his debts; and the question was whether he was by these orders discharged from the debt to Colonel Mouat's estate. By the 9 Geo. 4, c. 73, which expired in 1836, after being extended, it was provided that persons not in prison, [383] but who being insolvent could deliver up property to the amount of half their debts, and of a certain value, might petition the Indian Courts for the Relief of Insolvent Debtors, and that the person or persons presenting such petition or petitions should, at the time of presenting them, execute an assignment of their property to the common assignee, in such manner and form as the Court should direct. It was also enacted (sect. 23) that when any insolvent debtor should have executed any such assignment without being in custody, he should be required forthwith to put the assignee into possession of his estate and effects of the amount of half his debts; and that such assignee should, according to the best of his knowledge and belief, forthwith certify the same to the Court. It was further enacted (sect. 24) that when any assignee should have so certified, the Courts for the Relief of Insolvent Debtors at Calcutta, Madras and Bombay respectively might grant to the person or persons by whom such estate or effects should have been given up a certificate of his having delivered to his assignee property which was believed to be of the amount of half his or their debt or debts; and that every such last-mentioned certificate should, until the said Courts respectively made order to the contrary, have the effect of protecting the person to whom it should be so given from being arrested for debt within the limits of the towns of Calcutta, Madras and Bombay respectively, or any other place within 408 IN RE GORDON 1DE Q. F, & J. 384. the limits of the charter of the said united company to which such person should resort with leave of the same Courts respectively, signified in writing. Section 25 contained a similar provision with respect to any insolvent debtor being in custody executing such assignment as thereinbefore mentioned. And sect. 38 [384] enacted that upon the hearing of any such petition it should be lawful for the Court to adjudge, "that the insolvent is entitled to the benefit of this Act," and to order his immediate discharge from custody accordingly, or to make such other order as therein mentioned. Section 63 enacted that whenever it should be...
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Re Gordon
... ... (N. S.) 409; 8 W. R. 298. [5] Re GORDON. Jen, 14, 16, 1860. [Affirmed, 1 De G. F. & J. 381 ; 45 E ... debt of 18,811 due from the estate of George James Gordon to the repre- sentatives of Colonel Charles Mouat, deceased. George James Gordon was a partner in the firm of ... an order was made by this Court, under the 13 & 14 Vict. [11] c. 35, s. 19, for taking an ... ...
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