THOMAS MANSFIELD, Accountant—Petitioner (Court of Session)

For the Petitioner, Graham Speirs, Gibson-Craig. James and Laurence Davidson, W. S. Agents. H. Clerk.

A similar petition was in this case presented by Mr Cruickshanks, as trustee on the sequestrated estate of Samuel Nicol. The petition stated that the bankrupt had been imprisoned in the jail of York at the instance of a creditor for a considerable sum, a short time prior to his sequestration; and, as there was reason to apprehend that he intended to make his escape beyond seas, without rendering any account of his affairs, and to carry away his funds out of the country, it prayed for a warrant for his examination in the jail of York.

Some of the Judges at first thought that there might be a distinction in this case, which might authorize the application, from the circumstance of the bankrupt being in prison at the instance of one of his creditors; but ultimately their Lordships came to be unanimously of opinion, on the grounds above stated, that the petition was incompetent. Their Lordships therefore refused the petition.

The Court ‘grant warrant and authority, and recommend, to the effect and for the ends and purposes expressed in the prayer of the petition, in all points.’

It was observed, that it was in respect of the express concurrence of the incarcerating creditor that the warrant was granted; and that it would be necessary that this concurrence should be transmitted to York, otherwise the warrant and recommendation of the Court might not be attended to by the authorities there.