CORK INSOLVENT DEBTORS 1

CORK

BANKRUPTS & INSOLVENT DEBTORS
1843 - 1845

Transcribed & Indexed from Cork Newspapers By
Anita Sheahan Coraluzzi & Jean Prendergast © 2002 - 2005

Postcard c. 1900

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DWO - Discharged Without Opposition. CNP - Case Not Published. NL - No location given

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AHERN, JOHN, Farmer, Castlemartyr, ( 16/12/1845) - opposed by Mr. J. J. O Brien on behalf of Johanna Ahern, insolvent's sister, to whom £50, her fortune, was due. PD

AHERN, JOHN, NL, ( 15/12/1845) - Mr. O Brien opposed him on the part of Johannah Ahern, on the grounds of a collusive arrest and for making a false return. Mr. O Brien said that his client, a sister of the Insolvent, had given up her claim to a share in a farm of 36 acres and the stock on it, on condition that she should receive £50 as a marriage portion; and that the Insolvent had got himself arrested for £4 4s., in order to cheat his sister out of what she was fairly entitled to. - PD

AHERN, THADY, Merchant, Youghal - 'Mr. Francis A. Walsh opposed the discharge of Thady Ahern(e) on behalf of Mr. David Davis, a coal proprietor in Wales, on the ground of collusive arrest, and also that he contracted the debt when he had no prospect of being able to pay it. On the 6^th of August he wrote for a cargo of coal, and stated that he was about entering largely into the trade and on the 29^th of October he sent an acceptance for it but immediately after the 1^st of December he apprised them he was insolvent and furnished them with a statement of his affairs of which they could make nothing of. However, it would appear by that that his debts amounted to £1,032 and he had goods to the amount of £839, and yet he offered no settlement. He also represented that he lost two cheques by apprentice amounting to £184 and every debt due to him is to be contracted on the 26^th of November. Mr. Creagh stated that the insolvent was an export merchant to the extent of £20,000 and had three years dealing with Mr. Davis and paid him £250 leaving only £37 due. Mr. Walsh called the attention of the Court to the fact that he did not give any account in his schedule of the £889 worth of property he represented himself to have had. The Court thought it clear that he was not ready to come before the Court. He should learn to make out accounts and as he was detained but for £9, his petition should be dismissed.' (Report 5/4/1843) (List 29/3/1843)

AHERN, THOMAS, Writing-clerk, Youghal, ( 4/4/1845) - to be heard at Cork 7^th April

AHERN, WILLIAM & JOHN, Wine & spirit merchants,Patrick Street , Cork - 'were opposed by Counsellor Forsayeth for Anthony Murray, Mr. O'Brien for Kent & Sons, and Patrick and Richard Hayes; Mr. Fitton for Robert Howard; Mr. Deane for Fletcher Iveson. Mr. Forsayeth said that by the schedule it appeared that for six years the prisoners returned a profit of £160 a year. They had upon the face of the same schedule appeared to have lived at the rate of five or six hundred pounds a year. They returned as a reason for deficit that they had to pay £200 a year, for two years, as discount on bills, and attributed their insolvency to the manager of the National Bank declining to do any further business with them. Mr. Walsh said that the expenditure of the two families was but £250 a year. Mr. Forsayeth said that the bill transactions with Murray came up to June 1843, while there was nothing to account for the money on the schedule. He should satisfy the court on the head of an expenditure of £600 a year, which was made up of rents and other charges. Mr. O'Brien said that Kent & Sons supplied property to the amount of £23 immediately before insolvency. He was further instructed to say that a most undue preference was given to Mr. James Cremen of Cork to whom they owed £410, who issued an attachment, to which Mr. Mulcahy was attorney. At this time an attachment was issued by a Spanish house for £46, which was removed by Mr. J.J. Barry by ... Mr. Barry being engaged in business with Mr. Mulcahy. He would further say that the insolvents at the time they were running into debt kept horses, vehicles and country houses. The insolvents were arrested the very last day for going into jail, and the petition was filed in the 14^th June. Mr. Deane said his clients complained that insolvents became indebted for twelve casks of Spanish wine at a time when they had no means to pay, they having given the wine to Mr. Hackett in part payment of a debt then due. Mr. Fitton opposed on the ground of suppression of property. Court--'The debts are large, £4,426.' Mr. Scannell--there was Mr. Murray receiving 60 and 80 percent. Mr. Murray--it is false. Court--'Take care sir, remember where you are.' Mr. Scannell said that the bills were cashed at the rate of 40 percent. Mr. Forsayeth said that he would hand the book to the Court. Anthony Murray was then examined by Mr. Scannell--He commenced discounting bills for the Mess. Ahern in July 1842. The bill was for £112, payable six months after a date, having but four months to run. Thinks he gave £100 for the bill. The next was for £35 16s. at three months, for which he gave £32; then £32 10s. at three months, for which he gave £30. To Mr. Forsayeth--Got two policies of insurance from them for £500 each, but they never assigned them. Court--'So much the bettor for their creditors.' Mr. Forsayeth--I put forward these facts to show that the insolvents were aware of their difficulties. Mr. O'Brien said that the defence made against Mr. Murray was a strong case in favour of bona fide creditors. Court--'How much do they owe the Banks?' Mr. Scannell--'The Provincial Bank £170 and National £1000.' Mr. Walsh said that after their embarrassment in 1837, when they compromised for 7s. 6d. in the pound, they took a house in Patrick st., at £105 a year, on which they paid £200 fire and expended £409. Court--'In addition to that they lost £200 on a speculation to Barbados, and £200 a year for discounting.' Mr. Deane wished the insolvents would account for taking twelve hogsheads of wine on the 8^th February, which they gave to Mr. James Hackett on the 12^th February, giving an undue preference. James Cremen swore that he got Mr. James Joseph Barry to issue an attachment against the insolvents for goods and money and finding that they lived too high for their means he proceeded against them. Mr. Murray and a Spanish merchant had also attachments. To the Court--I had no collision with the insolvents and merely noted from my own mind. I did not get the money yet, as the Sergeants- at-ma were noticed not to pay it over in expectation of a bankruptcy suit, and I have heard that a docket is struck by Mr. Jub [sic]. Mr. J.J. Barry swore that he had been attorney to the insolvents and that he had a conversation with Mr. Cremin in respect to his debt, and issued the attachment. He did not act in respect to the attachment with the knowledge or at the desire of the insolvents. William Ahern, insolvent, swore that he went to Mr. Howard for some empty Roman cement casks, and got over 20, in which he shipped wines to Barbados three weeks before the attachment, the bill of lading which was handed over to James Daly and Co. in payment of a debt. Court--'These men have laid a great deal of misfortune and have been guilty of improvidence, but there does not appear to be any fraud. The insolvents were discharged.' (Report 5/7/1843)

ALLEN, SUSAN, NL ( 5/4/1844), ' opposed by Mr. Scannell, on the part of Mess. Swanton and Deaves - discharged.'

BARRETT, EDMOND, Farmer & Tanner, Ballyphehove - 'Opposed on behalf of Mr. W. Casey, also on behalf of Miss Mary Bennett, also on behalf of Edmond Barrett Jr. Case was postponed until next commission, granted by the creditors.' (List 29/3/1843) (Report 5/4/1843)

BARRY, EDWARD LOFTUS HOPE, Attorney, Cumberland St., Cork (List 29/11/1843) CNP

BARTER, JOHN, Coach Proprietor, Churchill - 'was opposed by Counsellor Walsh, on behalf of James Good, Mm. Murphy, John Gallwey, Jeremiah Leary, and George O'Connell; by Counsellor Scannell for Jeffrey O'Connell, Mr. McNally for Thomas Lender and Mr. O'Brien for Richard Bolster on the ground of a fraudulent contraction of debts and suppression of property. The debts amounted to £4,609, though he returned no property. It was alleged that insolvent still possessed coach and horses, and besides that, his wife had a lodging house in Cork. Mr. Adams said that this was all misstatement, as the coach and horses were sold by the sheriff, and on inquiry it was found that the property belonged to Mrs. Barter. John Galvin swore that in the beginning, twelve months ago, the coach and horses were started in his name. They had but four horses, though the distance was from Cork to Macroom. Witness went security for debts and also lent £25 to insolvent. In three months Jim Hallinan now in jail, was put forward as owner. They had now thirteen horses. Witness as bailiff in a decree against Hallinan seized two of the horses, but Mr. Barter claimed them. This was within the last fortnight. Saw the two horses he seized then under the coach since. Saw Mr. Barter within the last fortnight receiving the money. Mr. Adams--'This witness is just after being discharged as an insolvent. I impeach his testimony, for I know that his evidence is a tissue of falsehood from beginning to end.' The Court called Mr. Adams to order, when he apologised. Court--'This is an awful schedule of debts--£388 15s. 7d. besides contract debts.' Insolvent said that if he had got time he would pay off all the contract debts. Daniel Long was examined for insolvent, He swore that he drove the coach since the 10^th August. The coach and horses were seized, and sold, and purchased for Mr. Barter's mother. Philip Rubie swore that he purchased the coach and horses with money given to him by Mrs. Barter. Court--'How much money?' Witness--'£16' Insolvent said that he was arrested in the summer of 1840 when he had a meeting of his simple contract creditors, and having promised to pay they promised him a letter of license, though four of them only had the honour to sign it; and since then he paid £250. This offer he again repeated, but it was refused unless he gave security, which he could not procure and they drove him into court to shame him before the county. The court assured him that he need not be ashamed, for there was nothing connected with the case for which he could take shame. Mess. Scannell and O'Brien offered to accept the proposal. Insolvent said that if he got five years, in the interim his son would come of age, and some little property would come into his hands, he would pay the interest of his simple contract debts in the mean time. Mr. Walsh said that recollecting the respectability of Mr. Barter as a magistrate, they did not wish to press the case against him. The Insolvent said that if the Court discharged him from his judgment creditors, he would pay the simple contract creditors at the rate of £40 per year, these debts amounting to £250. The case was adjourned to next Commission, to enable insolvent to have a meeting of his creditors. Mr. Walsh should say on behalf of the professional gentlemen of the City in general that they knew of no more fair or impartial magistrate, or one who, when in office, discharged his duty more honourably than did Mr. Barter (hear, hear, from the entire bar present)' (Report 5/7/1843)

BEAMISH, ARTHUR BERNARD, ( 28/11/1845) - Bankrupt Court, Wednesday - In re Arthur Bernard Beamish - There was a meeting in this matter yesterday at 12 o clock to choose an assignee in the room of Mr. Edward O Brien, deceased, but upon the consent of both parties the appointment was postponed until the 11^th of December next, at the same hour.

BRIEN, ANNE, Widow & Victualler, Cork (List 29/3/1843) DWO (Report 5/4/1843)

BROMMELL, THOMAS, Shoemaker, Mallow (List 29/3/1843) Brummell, Thomas- DWO (Report 5/4/1843)

BROWN, MAURA, NL. ( 5/4/1844), 'opposed by Mr. Connor on the part of Wm. Tracy of Mallow - discharged.'

BUCKLEY, JOHN, City Case, ( 17/12/1845) - Mr. Walsh, with whom was Mr. M'Nally, appeared for the Insolvent, and Mr. Babington, Mr. Fitzgerald, and Mr. J.J. O Brien opposed on behalf of Mess. Lambert, Twohig and Hayes. - Mr. Babington said that he appeared for Mr. Lambert to whom the Insolvent owed £22.10s. for iron, hoops &c. The Insolvent set forth as the cause of his insolvency, that he was obliged to sell his goods under first cost, and entered in his balance sheet receipts for £107, as an off set to the debts on the other side. When he contracted the debt with Mr. Hayes, he represented himself as being in a flourishing trade, and that a Mr. Martin owed him £200, on the receipt of which he would pay him. He also represented himself as being possessed of considerable property in the city of Cork. In June '45, and immediately after an execution had been taken against him, he made a settlement of part of his property on his daughter and then went to the Mess. Deaves, the eminent timber merchants, to whom he paid a debt of £200 and induce them to take out an execution against him; however, his goods were not sold, but were taken possession of by Mr. Mulcahy, his son-in-law, and of which no return was made in the schedule. Mr. Babington then called on his lordship either to dismiss the insolvent's petition, or to remand him till such time as he would come to an agreement with his creditors. -Mr. Fitzgerald then addressed the Court in opposition to the discharge of the Insolvent, on the part of Mr. Hayes, also on the part of Twohig. - Mr. O Brien followed on the part of Mr. Hayes. He also called the attention of the Court to that part of the Insolvents schedule where he represented the Mess. Kernan, Distillers, London, as being his debtors to the amount of £102 10s. 5d., and himself as their debtor in the sum of £99 12s. 5d., and that he made that representation in order to prevent the Mess. Kernan or their representatives from becoming his assignees. - Mr. Walsh here interrupted Mr. O Brien, and said that they were perfectly willing to have the Mess. Kernan or their representatives appointed assignees. - Mr. O Brien would say no more on that point, he however begged to be allowed to state how matters stood between the insolvent and the Mess. Kernan:- The Insolvent and the Mess Kernan closed their account in March 1844, when he owed them £26, and for which he passed a bill which was honoured when it became due. Another dealing commend in June and from that time up to the month of October, he became their debtor in the sum of £82, of which he however paid, in the shape of goods £32, leaving a balance due of £50. - Mr. O Brien then consented to have Mr. Hart appointed assignee. - Mr. Walsh addressed the Court on behalf of the Insolvent - and stated that he entered into partnership in the year '42 with Mr. Hayes, who sunk into the business £200 of which he however received £50; and that Mr. Hayes being a shrewd and cautious man, and finding the business not thriving thought it would be well if he could for the insolvent into treating him as a creditor, by disclaiming all partnership; and that he attempted to compel him to pay or give security for 3150, beside £80 more as profit, to which he alleged he was entitled. The insolvent refused, and the case was tried before the Recorder and a respectable jury in this City, and ended in a verdict for the defendant. Sinking under the weight of difficulties and pressed by his creditors, he offered to compound with them in 5s. in the pound, but the offer was refused by Mr. Lambert and an execution followed which deprived him (just as the tide of fortune had set in and he had a fair prospect of being able to meet all demands) of the means by which he would have been enabled to pay his creditors. - Mr. Scully, clerk to the Mess Deaves, was here examined by Mr. O Brien in order to prove that the Insolvent had given a preference to the Mess. Deaves by paying them the £200. The witness stated that such was not the fact, as they had received, a long time before the occurrence, bills from the Insolvent on Mr. Martin for the £200; and that with regard to the execution made on his goods by the Mess. Deaves, it was done at the suggestion of him (the witness) who, hearing of the insolvent's embarrassment advised the Mess. Deaves to secure themselves. In answer to Mr. Walsh, he said that it was because he expended a large sum on his concern that they gave him credit to such an amount. - Commissioner - But how do you account for his not being able to offer his creditors more than 5s. in the pound, and he in business for so short a period? - Witness - He sold the goods considerably under first cost, in order, as he told me, to meet a heavy bill which was coming against him, and I cautioned him several times to be careful how he adopted such a practice. - His Lordship commented very severely on the practice of selling under first cost, and said that it was not only injurious to the person so doing but also a serious injustice to the creditor; he then remanded the Insolvent to enable his creditors to meet, and to determine what he would be able to pay them, and if they did not accept the terms, the insolvent to be discharged.

BURKE, PATRICK, Pensioner, Collins' lane, Cork, ( 28/11/1845) - To be heard at Cork, 13^th December. - ( 17/12/1845) - Mr. O Brien opposed on behalf of Capt. James …son. Remanded for 2 months.

BUTCHER, EDWARD, City Case, ( 17/12/1845) - Mr. O Brien opposed on behalf of James Sheehan and Mr. M'Nally appeared for the Insolvent. Remanded for six months.

CALLAGHAN, DANIEL, City Case, ( 17/12/1845) - Mr. E. H. Barry appeared for the Insolvent. D

CASEY, CATHERINE, Widow, Shopkeeper, Fermoy, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

CAULFIELD, WILLIAM, Dealer in oils & colours, North Main-st., Cork, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

CHATTERTON, THOMAS, NL, ( 9/4/1845) - the hearing of the petition of Thomas Chatterton was adjourned until next commission.

CLEBURNE, MICAJAH, George's Street, corn factor & dealer - 'opposed by Mr. Fitton for Mr. John Buckley, for contracting debts without a prospect of discharging them. The facts of the case were that insolvent put his name on several bills of exchange for Mr. Supple of Kinsale. The insolvent was discharged.' (Report 5/7/1843)

CONDON, WILLIAM, LIEUT.,Retired Naval Officer, ( 15/12/1845) - Mr. O Brien opposed Insolvent on behalf of Mr. Copley of the National Bank. He said that insolvent was a retired naval officer on a pension of £91 a year and that he also held, till within these few months back, the rank ofLieutenant in the coast guard service for which he received £91 a year, making in all an annual income of £182. Mr. O Brien then offered Mr. M'Carthy, attorney for the insolvent, to take any sum, no matter how small, that would be appropriated for the payment of the debt. - Mr. M'Carthy said that it would be impossible for his client to do so, as he had a wife and a family of 13; and also as he had paid £20 of the debt. - The facts of the case are as follow - When Lieutenant Condon was stationed near Galway, he went security for a brother officer of the name of Raymond, who since left the country, and had gone to the Coast of Africa. Lieut. Condon being shortly afterwards removed from Galway, and difficulties pressing on him, he was unable to meet the bill when it became due, which in consequence of law costs (proceedings being taken against him) and interest amounted very soon to a large figure. He was therefore compelled, though reluctantly, to come forward and take the benefit of the Insolvent Act. - His Lordship said that the Insolvent had been certainly guilty of an improper act, but they should remember that he was one of a class of men who, whatever their virtues may be, were well known to be wanting in prudence; and that if Lieut. Raymond was worthy of the station he held under her Majesty, he would pay the debt for which the Insolvent had become liable. The Admiralty would not sanction the appropriation of any part of his pension for the payment of his debts, as £90 was little enough, too little, to support him with such a large family in the rank of a gentleman. - The Insolvent was then honourably discharged.

CONNELLAN, EDWARD NAGLE, Farmer, Ballygarvan. (List 29/11/1843) (Report 11/12/1843) Petition dismissed.

CONNOLLY, TIMOTHY, Yeoman, Bawneshall, Skibbereen, ( 28/11/1845) - To be heard at Cork, 13^th December. - ( 15/12/1845) - Mr. Walsh opposed the insolvent on the part of Mr. R. Somerville Fleming, receiver in the case of Tivy v. Baldwin. Mr. Walsh stated that the late receiver in the above cause had returned the Insolvent as a debtor to the amount of £63 2s. 3 ½ d., and that after Mr. Fleming had been appointed receiver another year's rent fell due, making altogether a debt of £96. The Insolvent then contested the case in the Master's officer, and after putting the estate to the expense of £55 was returned in the debt of £79 13s. 9d. Mr. Fleming seeing the state of the country, and knowing the character of the insolvent, advised the master to forgive all the arrears and allow him to remain in possession of his lands. The master, however, refused and distress was made, but the insolvent and his son gathered their neighbours and friends and beat off the receiver, after which he held the land for two years without paying a farthing of rent. - Mr. Fleming having then produced his books, it appeared that out of £132, the rent of four years, there was paid £95, leaving a balance due of £37. - After a short discussion, the insolvent was allowed to be bailed in the sum of £40, on condition that he would pay £30 besides the current rent.

CONNORS, JOHN, Farmer, Kilmacilor, Buttevant, ( 28/11/1845) - To be heard at Cork, 13^th December. - ( 15/12/1845) - DWO

COSTELLO, WILLIAM, Pensioner, Harpur's Lane, Cork, ( 28/11/1845) - To be heard at Cork, 13^th December. - ( 17/12/1845) - Mr. O Brien appeared for the Insolvent. D

COUGHLAN, BARTHOLOMEW, County Insolvent, ( 21/7/1845) - Was opposed by Mr. Gamble on behalf of Mr. Richard Hungerford. - Mr. Gamble stated that he was a tenant under the Courts in the case of Hungerford v. O Grady, Mr. Crofts being the receiver. He got a reduction in his rent from £5 to £3, and did not pay his rent. His goods were distrained several times, but he always rescued them. By his own shewing he only owed £29, while he had property to the amount of £18, and all he wished was to keep the land and set the receiver at defiance. - Mr. M' Carthy - replied that he offered to give up his cattle and crops to pay the Receiver. - Court - Is the Receiver here? - Mr. Gamble - No, my lord. - Court - I can't do anything until he is here, and I will let the case stand until he comes.

CREEDON, JEREMIAH, Tailor, Shanvarashine, Macroom, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

CROKE, ROBERT, Farmer, Ballyclough. (List 29/11/1843) 'Crooke' in list. (Report 11/12/1843) DWO

CRONIN, JEREMIAH, City Case, ( 17/12/1845) - Mr. O Brien opposed the Insolvent on the part of Patrick Murphy. Mr. M'Nally appeared for the Insolvent. Remanded for six months.

CRONIN, PHILIP, Farmer, Millstreet (List 29/11/1843) (Report 11/12/1843) DWO

CROWLEY, JEREMIAH, NL, ( 9/4/1845) - was opposed by Mr. Walsh on behalf of Mr. Palmer, manager of the Kanturk Bank. At the last Commission he was ordered by the Court to give his brother Cornelius as addition security for the payment of his debt, as he had given him his lands. His brother consented to give the required security, but the Insolvent refused to complete it. - Court - Dismiss the petition.

CUFF, HANNAH, City Case, ( 17/12/1845) - Mr. O Brien opposed on the part of Johannah Flynn - D

CURTIN, DAVID, Lodging Hse Keeper, Gt. George's St., Cork (List 29/11/1843) CNP

D., DANIEL, NL, ( 15/12/1845) - Mr. Babington opposed on behalf of Michael Foley. It appeared that the insolvent being from cause unexplained, incapable of doing any business, made over his land to his brother on consideration that he would support him; after which he went security with the brother. Who, however, took the benefit of the act at the last Commission. - PD

DALY, CHARLES, Farmer, Kanturk (List 29/11/1843) (Report 11/12/1843) ' was opposed by Mr. O Brien for several creditors and the hearing was adjourned.

DAVIS, ROBERT HEDGES EYRE, Attorney, Cove - (List 29/11/1843) (Report 11/12/1843) 'was opposed by Mr. Scannell, on behalf of Henry S. Brookes, on the ground that he procured watches and fishing tackle which were to have been instantly paid for. Towards the close of the day, Mr. Walsh informed the Court that the debt of Mr. Brookes had been arranged, when insolvent was discharged.

DAY, JOHN, Victualler, Gurtnahumana-more (List 29/3/1843) DWO (Report 5/4/1843)

DE LARREY, JOSEPH G., Teacher, Cove. (List 29/11/1843) (Report 11/12/1843) Discharged. Joseph G.D. Larrey List.

DEE, THOMAS, Process Server, NL. ( 5/4/1844) ' A process server, detained for a debt of £4.5.3, was on paying £2, discharged.'

DELANY, EDWARD, Farmer & Dancing Master, NL - 'Opposed on behalf of Michael Corcoran, by Mr. Scannell, for suppressing property and having been arrested by his father-in-law on a colourable decree obtained for the maintenance of his son. Mr. Creagh stated that the Insolvent was a dancing master and as he was constantly absent from town he left his son to lodge with the detaining creditor. The petition was dismissed.' (List 29/3/1843) (Report 5/4/1843)

DELOHERY, DANIEL, Yeoman, Coachford, ( 16/12/1845) - was opposed by Mr. Babington for Michael Foley, on the ground of suppression of property - PD

DIVITT, STEPHEN & GEORGE, Pawnbrokers, Cork - ( 9/4/1845) - were opposed by Mr. O Brien on behalf of Powell Brothers and Co. of Bristol; by Mr. Fitzgerald for Mr. Bartholomew Daly and by Mr. James Murphy on his own behalf - Mr. O Brien said that his clients resided in Bristol and their debt amounted to over £80. The present transaction was a gross attempt to do a great wrong, for the property they had received from the creditors was seized under an attachment, issued at the suit of their sisters for £200, and attempted to be turned to the payment of that alleged debt. However, that was put a stop to and the proceeds is lodged in the Recorder's Court for the general creditors. The schedule of accounts commend in January, and at the credit side of it Mr. Geo. Divett took credit for the support of his brother Stephen to the amount of £100, and that person in his schedule does the same friendly officer for his brother George, and takes credit for £100 for his brother's support. In the year 1841 they commend the Pawnbroking business and represented their capital as £100. When they commend the Soda water business they represented their profits for the years 1841, '42 and '43 to be £80 out of the Pawnbroking establishment; £90 out of the Mineral Water Factory, and £36 rent of a house in Market St., but they contracted debts during the time to the amount of £700, and the attachment was issued by the sister was done to defraud the creditors. As soon as the attachment issued and the property got hold of they issued the following circular to their creditors. 'From the depression in trade we are obliged to call a meeting of our creditors, to consider what is best to be done for their advantage. Attachments have been issued against us by members of our family, who advanced us cash to enable us to go into business. This will be treated as a protection for the general creditors if our affairs are amicably settled. We beg the favour of an attendance on your part or some person to represent you.' The meeting took place and an offer of a promise of 3s. in the pound was made without any security for the payment of it. At that time they represented themselves to be in the possession of assets to the amount of £340 5s., and the amount of debts £600, and they represented the amount due to them as £40 5s. 10d. of which £.… were good debts, and the remainder bad, but in the schedule they admitted debts to the amount of £159 5s. 10d. shewing that the parties at the meeting of creditors did not give a fair statement of their affairs. - Court - They now return £46 good debts, £80 doubtful, and £26 bad. - Mr. O Brien informed the Court that at the meeting three persons were stated to be creditors, who did not at present appear on the schedule. Also that there were 90 gross of bottles in the concern, valued £90, and 110 gross out valued £110, but in the schedule the bottles were represented 50 gross short, and the value of them 30s. a gross when he represented them only at £1 a gross at the meeting. - Mr. Lamertte stated that at the first meeting the creditors were offered 3s. in the pound, and afterwards 4s., but if the creditors came in they would ultimately obtain 5 in the pound. - The Court enquired what they intended to do. - Mr. O Brien proposed that an assignee should be appointed, and that the funds of the attachment to be paid over to him for the benefit of the general creditors. - Mr. Scannell, on behalf of the insolvents, said if the offer was taken in the first instance, the establishment could have been carried on, but Mr. Daly was not satisfied although he was offered 10s. in the pound. Mr. Daly in the first instance accepted the offer on Saturday night, but when they wished to close the arrangement on Monday morning, he refused to do so, although within six weeks of that time they paid Mr. Daly £34. - Mr. O Brien considered that their offer to give 10s. in the pound to Mr. Daly was not acting fair by the other creditors, particularly towards Mess. Powell, to whom they did not pay anything out of his debt. Since they went to prison a decree was obtained against them by a person named Molloy for 310, and they paid him and put him out of the way to prevent his giving evidence against them. - Mr. Fitzgerald denied that the offer of 10s. was made to Mr. Daly, but complained they put that gentleman to £15 costs in endeavouring to get his money. - The Court then directed the money in the Record Court to be paid over for the benefit of the general creditors.

DONEGAN, DANIEL, Farmer & Tailor, Killbarry. (List 29/3/1843) Case not published, however a Daniel Donovan, below, was listed as DWO

DONOVAN, CORNELIUS, Skibbereen, medical doctor - 'was opposed by Mr. O'Brien on behalf of Mess. Daly and Waters on the ground of collusive arrest. Mr. McNally said that the arrest was for a debt due by insolvent's wife before her marriage, for whiskey. Insolvent swore that on his marriage last January he got £11 15s. from his wife in cash, and that the stock returned £20 at the same time that he was unaware of her debts. Insolvent was discharged.' (Report 5/7/1843)

DONOVAN, DANIEL, County Insolvent, NL. DWO (Report 5/4/1843 - not on list) See also Donegan, Daniel

DONOVAN, DANIEL, Gent., Glanmire, ( 4/4/1845) - to be heard at Cork 7^th April

DONOVAN, MICHAEL, Farmer, Droumnanare, ( 16/12/1845) - opposed by Mr. Gamble for Richard Sherrard. The case was adjourned.

DONOVAN, MICHAEL, County Case, - ( 15/12/1845) - Mr. Gamble opposed on behalf of Mr. Richard Sherrard. - Mr. Gamble stated that the Insolvent had an excellent farm of 30 acres, at 10s. an acre, and that, according to his own statement, he does not owe a farthing of rent. - Commissioner - What is the amount of the debt? - Mr. Gamble - £5, my Lord. - Commissioner - Are there any crops in the ground at present? - Insolvent - None, my Lord. - Commissioner - Inscrutable and mysterious man what brought you before me! - You are a public mischief - a man possessing 30 acres of land, who is denuded of all credit and stock! Quite absurd (laughter). - The case was adjourned to Monday. - ( 17/12/1845) - In the case of Michael Donovan, which was held over from Saturday, it was proved that the Insolvent had expended £30 on his lands, and that his landlord seized the little stock he had on his ground, besides a few barrels of potatoes, for arrears of rent. - His Lordship believed it to be a case of great hardship and said that it was a libel on the landlord (Captain Atkins) who, and not his driver, should have come forward and listened to the statement of his tenant. He, however, could not but believe a man on his oath, and he would therefore discharge the insolvent.

DRABBER, CATHERINE, City Insolvent. ( 5/4/1844), 'opposed by Mr. O Connell on the part of Mr. Farmer, Attorney, Adjourned to the next Commission.'

DRUMMOND, JOHN, Farmer, Ratoarsey - 'The petition of John Drummond was dismissed in consequence of his having induced John Kennedy to manure his ground and crop it, and then having run off and left Kennedy's crop to be seized by the landlord for 3 years rent due to him.' (Report 5/4/1843) See also Drummond, John.

DRUMMOND, TIMOTHY, NL - 'The discharge of Timothy Drummond was opposed by Mr. Fitzgerald on behalf of Patrick Kennedy on the grounds of collusive arrest and suppression of property. Petition dismissed.' (Report 5/4/1843 - not on list)

DRUMMY, WILLIAM, Roygella, ( 9/4/1845) - was opposed by Mr. Limerick on behalf of Mr. John French and Mr. James Barrett, on the grounds that he did not pay rent since 1838, and owed £144. The ground was waste and uncultivated. - A witness proved that the Insolvent was cutting away the ground and destroying it. - Mr. French swore that he held 40 acres of ground but had sublet it all but 10 acres, and he wanted the landlord to distrain his tenants for his rent. - Court - Why he owes Patrick Curtin a tenant of his own £26. - Curtin - Yes, my lord, and I must also pay his rent. - Insolvent - I don't owe him more than £1 10s. - Court - Why is it on your schedule that you owe him £26. You are an unqualified rogue and a worthless man and you must be taken into custody. - Insolvent - I have been under a rack rent. - Court - That is impossible, for you pay only 14s. an acre, and for that part sublet you get 6s. an acre profit. There must be an end to this. Dismiss the petition. - Mr. Limerick said that if he gave up the ground, Mr. French would pay his detaining creditor and give him a receipt in full. - Court - You have him in prison and deal with him there.

DRUMMEY, WILLIAM, Farmer, Roygrelly, Co. Cork, ( 4/4/1845) - to be heard at Cork 7^th April

DRUMMAY, WILLIAM, Farmer, Raygrillah, Coachford, ( 16/12/1845) - was opposed by Councillor Reeves on behalf of the landlord, Mr. John French, to whom a large arrear of rent was due; besides the land was reduced to a state of barrenness, and assigned to another party. The insolvent was discharged.

DRUBBY, WILLIAM, NL, ( 15/12/1845) - Counsellor Reeves opposed on the part of Mr. French. Mr. Reeves stated that Insolvent was deeply in debt to his landlord, Mr. French, and that all he offered him at the last Commission to forgive him all arrears, to give him £5 and to satisfy his remaining creditors if he would give up possession of his lands. He at first consented, but, afterwards, broke his agreement, and assigned his land to a man of the name of Curtain. - The Insolvent was discharged.

DUKE, EDWARD, Victualler, City Insolvent - ( 5/4/1844), ' opposed by Mr. O Brien on behalf of Owen Connor, to whom the insolvent was indebted £ 3.3.6. The Court directed him to be discharged upon paying one pound of the debt which was paid by Mr. Landers.'

EDWARDS, WILLIAM M., Shopkeeper, Patrick St., Cork, ( 16/12/1845), ( 17/12/1845) - The Insolvent was opposed by Mr. Babington, also by Mr. Hobbs on the part of Susan Murray. The Insolvent having settled with his creditors was discharged.

ELLARD, JAMES, Victualler, Mallow Lane, Cork, Insolvent Debtor ( 19/12/1844) List

ELLARD, JAMES, Victualler, Mallow-lane, Cork, ( 4/4/1845) - to be heard at Cork 7^th April

FITZGERALD, JOHN, Journeyman Stonemason, Lackanalooha, Mallow. No opposition (Report 5/7/1843)

FITZGERALD, JOHN, NL ( 5/4/1844), ' opposed by Mr. J. O Brien on behalf of the National Bank - discharged.

FITZGERALD, PATRICK, Yeoman, Mount Bell - 'was opposed by Mr. Richard Jones who stated that the insolvent came to him sometime since and represented that Mr. Davis's son, of Killeagh, was come of age, and a quantity of bread was to be given to the poor. He [Fitzgerald] induced him to give him £3 worth of bread, for which he said he would pay in a few days, and represented that a second quantity of bread and coffee was to be given to the poor, and obtained more bread from the opposing creditor which he sold at a fair. Mr. Davis on being applied to for the money said that the insolvent had charged him more than he supplied. The insolvent stated that by direction of Mr. Davis' steward he kept an open house from 6 in the morning until 6 at night, and that the money was due him by Mr. Davis. The insolvent was discharged and Mr. Jones appointed his assignee.' (List 29/3/1843) (Report 5/4/1843)

FITZGIBBON, JOHN, Shopkeeper, of Kanturk & formerly of Buttevant. Also grocer & wine seller, Kanturk - See also Fitzgibbon, John, Buttevant. 'was opposed by Mess. Creagh and Taylor. -was in trade in Kanturk, was living there when he contracted debts with Mr. Taylor and Mr. Creagh, believes this was in 1842.' Court, 'Have you no books?' 'None my lord.' Court, 'And you a trader and shopkeeper, and never kept books,' 'No my lord.' Court, 'Then I cannot discharge you. The first duty a shopkeeper and trader should perform is to keep books' Mr. Scannell, for the insolvent, said he was instructed to say that it was in law that the insolvent lost what property he had. Court--'Not one word of all this is on the schedule--all he says is this, "paid for wearing apparel and household furniture", not a word about loss of money in law does it appear. Put your story on the schedule, and then the opposing creditors will come either to admit or rebut your statement. The insolvent was remanded.' (List 29/3/1843) (Report 5/4/1843) Discharged (Report 5/7/1843) (Report 8/12/1843) Insolvent's case adjourned for the production of a witness.

FLETCHER, EDWARD, Gentleman, Formerly of Listowel, late of Co. Cork (List 29/3/1843) DWO (Report 5/4/1843)

FLYNN, JOHN, Farmer, Kanturk, ( 16/12/1845) - was opposed by Mr. O Connell, for Mr. David O Kelly for collusive arrest, and fraudulent disposal of property, returning as the cause of his insolvency 'failure of crops and law.' - Mr. M'Nally said that Mr. O Kelly was an attorney, who was suing for costs of a record he defend, brought by insolvent's landlord. - Insolvent discharged.

FLYNN, JOHN, NL, ( 15/12/1845) - Mr. O Connell appeared on behalf of Mr. David Vally, attorney, on the grounds of a collusive arrest and for disposing of his crops, for which he made no return. - D

FOLEY, MARY, NL - ( 5/4/1844) ' was opposed by Mr. Babington on the part of the detaining creditor, John HAYES. The Amount of the debt claimed was £7.17.6, incurred for board and lodging. An IOU had been passed for the amount. The Insolvent, who enjoyed a pension of £10 per annum, was, on paying half the debt discharged.'

GOOD, JOHN, Carpenter, Macroom, ( 16/12/1845) - opposed by Mr. J. J. O Brien for John Riordan, to whom £40 was due for timber. D

GOULDING, FRANCIS ATTERBURY, Gentleman, Willow Hill - 'was opposed by Mr. J.J. O'Brien on behalf of the detaining creditor Jeremiah Ready, and by Mr. Creagh on the part of Mr. R. Kellet. Mr. Fitzgerald said the ground of opposition on behalf of Ready was that on the 22^nd of February, he was possessed of considerable property in Railway shares which he assigned to his brother in few days after having contracted a debt of £36 for food and lodging with the detaining creditor. Mr. McNally did not deny that he committed those acts; he was on respectable but was induced to those deeds and he (Mr. McN) had subpoenaed Mr. Riordan and others to have the matter brought before the public. Mr. Fitzgerald-'he was offered £3000 for his shares.' Mr. McNally acknowledged that such was the case but he was so addicted to drink he did not know what he was doing. Mr. Ready informed the Court that he had taken the insolvent out of jail and paid several debts for him. Court-'How much was he to pay you for his diet and lodging?' Mr. Ready- 'A guinea a week and his washing had to be done in the house afterwards for certain reasons.' The Court acknowledges that it was hard for him to lose his money, but he was afraid he gave him something else besides diet and lodging. It was an unfortunate case, and he thought a commission of lunacy should have been issued. The hearing was then deferred.' (List 29/3/1843) (Report 5/4/1843)

GREANEY, JOHN, Labourer, Donerregmore. (List 29/3/1843) No John Greaney, only James, DWO (Report 5/4/1843)

GROGAN, ANDREW, Gentleman, on Coal Dealer, Cloyne (Crogan?) CNP (List 29/3/1843)

HARRINGTON, DANIEL, Farmer, Ballyarthur - (List 29/11/1843) (Report 11/12/1843) ' was opposed by Mr. Fitzgibbon for Edward O Donnell, on the ground of collusive arrest and fraudulent statement on schedule, charging the opposing creditor with usury. The insolvent was discharged.

HARRIS, JAMES AND ROBERT, NL - ( 5/4/1844), ' opposed by Mr. O Brien on the part of Mr. Daniel O Regan. The insolvent was discharged and the opposing creditor appointed assignee.'

HAWKES, WILLIAM, ESQ., Barry's Hall - (List 29/11/1843) (Report 11/12/1843) The insolvent's debts were £2,359 - the debts due to him were £99. A sum of £1600 appeared in the balance sheet which he received from 1839 to 1841, and during this year for mortgages he received £650 and £170. The insolvent has three opposing creditors. The case was adjourned to the next Commission.

HAYES, CORNELIUS, Dealer, Barrack St., Cork (List 29/3/1843) DWO (Report 5/4/1843)

HAYNES, JOHN, City Insolvent ( 5/4/1844), ' opposed by Mr. Walsh on the part of Mr. William Boyle - Discharged.'

HEARD, JOHN EDWARD, Grocer, Timoleague (List 29/11/1843) (Report 11/12/1843) Petition dismissed.

HORGAN, CATHERINE, Widow, Ballyvourney (List 29/3/1843) CNP (List 29/3/1843)

HORGAN, DANIEL, Corn-broker, James's-st., Cork, ( 4/4/1845) - to be heard at Cork 7^th April

HORGAN, JOHN, Mallow-lane, Cork, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

HORGAN, TIMOTHY, Farmer, formerly of Corrs, late City of Cork DWO (Report 5/4/1843)

HOSFORD, JONATHAN, Shoemaker, Francis St., Cork, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

KEAYS, THOMAS, County Insolvent, ( 21/7/1845) - Thomas Keays was opposed by Mr. Hassett on behalf of Wm. Reynolds, by Mr. Bennett on behalf of Mrs. Campion, and by Mr. O Connell on behalf of Mr. Bolton. - Mr. Bennett said that they required him to amend his schedule, and give up a house he had from her from year to year, he never paid rent. - Mr. M' Nally wished to amend it on behalf of the insolvent, as Mrs. Campion had got a decree against him since he was put in. - Mr. Babington stated that he owed Mr. Reynolds two year's rent, and never paid him a farthing. He also got £10 from him to repair the house, which he put in his pocket. - Court - You are a working painter, owing £160. Why you ought to be proud of yourself. You must also be passing bonds. - Insolvent - I always paid my debts. - Court - What, Sir, have you the face to say so, and you owing a poor labourer a purl of money for potatoes. - Thomas Reynolds being sworn, stated that the insolvent was a tenant to his father, and owed £14; they distrained his property and sold it, and then a balance remained of £3. He lent him £10 to repair the house, which he put into his pocket. - Court - This is a scene of confusion, and he is a complicated sort of man. How many landlords have you? - Insolvent - Two, no, four, five. - Court - Why you first said two, and now you say five. - Mr. Babington - He has seven. - Mr. Bennett - He takes all the small houses in the neighbourhood and sets them. - Court - Put the names of your landlords on paper. Why I see you have priest and minister as your tenants (laughter). You unhappy man what are you about? - You're as stupid a man as ever lived. - Insolvent - I laid out £18 on it. - Court - You are a pretty specimen of landlord and tenant. You should, sir, mind your business and never mind taking houses. If you don't pay the rent in three weeks, an order will be got from the Court above, and you must give up the premises. Discharge the Insolvent and make Thomas Reynolds assignee.

KEEFFE, JEREMIAH SEN., Former Spirit Dealer, Churchtown CNP (List 29/3/1843)

KEEFFE, TIMOTHY, Labourer, Doon, Kanturk, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

KELLY, JOHN, Labourer, Groyne, otherwise Laurentian (List 29/3/1843) DWO (Report 5/4/1843)

KELLY, JOSEPH, Grocer, Kanturk - (List 29/11/1843) (Report 11/12/1843) Occupation 'farmer' in report.' Was opposed for committing fraud on Mr. John E. Finn, by assigning his property to his children. Insolvent remanded.

KELLY, JOSEPH, senr., NL. ( 5/4/1844),' who became Insolvent by going security for his sons, and who had been imprisoned 10 months, was discharged.'

KENNY, JOHN, Farmer & Horse Dealer, Abbeylands. CNP (List 29/3/1843) Kenney, John, Farmer, Abeyland (List 29/11/1843) CNP

KEPPEL, MAURA, Tailor, Newman's-lane, Cork, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

LAUREN, TIMOTHY, Card maker, North Mall, Cork (List 29/11/1843) (Report 11/12/1843) DWO

LEAHY, JOHN, Publican, Blackpool, Cork (List 29/3/1843) DWO (Report 5/4/1843

LEAHY, MICHAEL, Corn-broker, Blackpool, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

LEARY, PATRICK, Yeoman, Liscreagh, Millstreet, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

LENEHAN, DAVID, Tailor, Cork (List 29/3/1843) Linehan, DWO (Report 5/4/1843)

LEONARD, JOHN G. B., County Insolvent, ( 21/7/1845) - The petition of Mr. John G. B. Leonard being called on for hearing, - The Insolvent said that he wished to say a few words, and he was sure his Lordship would see that he was labouring under a great hardship in being driven to become an insolvent, by a person of no principle. He paid all the poor persons on his schedule, and wished to give this person up his house, which he did not occupy those two years. - Court - What are you speaking of, or what do you want Sir? Who is this person? - Insolvent - My detaining creditor, my lord. - Court - I don't understand what you mean. What are you saying or what are you about I do not know no more than any man in the community. I have looked at his schedule and I see he is a most improvident gentleman, scattering his bonds most profusely. - Insolvent - They were passed many years before I was married, but now I have a large family. - Mr. Barry - Will you adjourn his case until next Commission? - Court - I wish to adjourn it with common sense. It is a melancholy thing to see a man knocking his head against stones. I'll give you one pie of advice, give up the practice of passing bonds to tailors, apothecaries and others. - Mr. Barry - Adjourn the case until next Commission. - Insolvent - No. - Court - Why what do you want? You know no more of what you are talking about than you did when you were passing the bonds. How much does he owe his detaining creditor? - Mr. Lloyd - £2 2s. my Lord. - Court - Dismiss his petition. Surely a man who will be coming in for £2,000 a year can pay that. It is an act of mercy to call a man ofyour description back to his senses.

LESTER, THOMAS, Cabinet-maker, Duncan St., Cork, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

LEWIS, JEREMIAH, Farmer, NL, ( 15/12/1845) - Mr. P. O Connell opposed the Insolvent on the part of his uncle, Thomas Lewis, who had entered security with him for his (the Insolvent's) sister's fortune. PD

LUBRING, CHARLES, Ship Owner, City Insolvent - ( 5/4/1844), ' was opposed by Mr. Forsayeth on the part of Natch and Co. and by Mr. Gamble on behalf of Sir Thomas Morris. His Lordship instructed Mr. M'Nally to amend the schedule and the insolvent to be discharged in the interim.'

LYNES, JOHN, Paper Stainer, Cork (List 29/3/1843) Lyons, DWO (Report 5/4/1843)

M'AULIFFE, JAMES, Farmer, Barnacurra CNP (List 29/3/1843) See also M'Auliffe, John, farmer, Ballycurra

M'AULIFFE, JOHN, Farmer, Ballycurra (List 29/11/1843) CNP See also M'Auliffe, James, Farmer, Ballycurra

M'AULLIFFE, JOHN, Labourer, Gneeves, Newmarket, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

M'CARTHY, DANIEL, Farmer, Rathglissane, Charleville, ( 16/12/1845) - was opposed by Mr. R. L. Holmes, to get up possession of the farm he held, not having paid any rent since September 1843. - The case having undergone a full investigation, and it appearing that there was a bill transaction between Mr. Holmes and insolvent, which met the disapprobation of the Court, the insolvent was discharged without being required to give up possession.

M'CARTHY, EUGENE, NL ( 5/4/1844), ' opposed by Mr. O Connell on behalf of Timothy Crowley - petition dismissed.'

M'CARTHY, JEREMIAH, Weaver, Cork - 'opposed by Mr. O'Brien on behalf of John Barrett on the ground that he induced the opposing creditor to go security to the Loan Bank for him for £7 18s. with which he purchased wool, and being a weaver he manufactured it, sold the article and put the proceeds in his own pocket. Court- 'Did he ever pay anything to the Loan Bank?' Insolvent- 'No my lord.' Mr. O'Brien- 'My client paid £8 on the transaction.' Court--'It is for £7 18s.' Mr. O'Brien- 'The small fines on the amount caused it to run up to that.' Court--' And makes the interest run up to a considerable sum. But he only returns a debt of £4 on his schedule.' Mr. O'Brien-'A decree was got for £4, it being the first sum he was security for, but he owes the balance for another security.' Mr. Barry- 'The detaining creditor is only security to the bank for the payment of the money in conjunction with the Insolvent.' Mr. O'Brien-'Yes, but the money was got by the insolvent's wife.' Court- 'Oh, that is a species of deputation that should not be permitted. This woman was represented as a single woman. Mr. O'Brien-but it's sanctioned by the officer of the bank. Court- 'It is a very curious proceeding and those deceptions should not be permitted.' The insolvent stated that he lost all the money by purchasing yarns and manufacturing them until the price fell so low that he lost all he was worth. The Court thought the detaining creditor rather lucky, for if he had gone security for a house in Manchester he would be ruined. Edmond Barrett stated that since the insolvent was arrested he had seen the insolvents daughters bringing in mops and disposing of them. Court- 'That was very much to their credit.' The insolvent was then discharged.' (List 29/3/1843) (Report 5/4/1843)

M'MULLEN, WILLIAM M., Skibbereen - 'was opposed by Mr. Gallwey on behalf of Mr. Thomas H. Marmion on the grounds of collusive arrest, and fraudulent contraction of debt. Insolvent sold 900 barrels of oats, for which he was paid, to Mr. Marmion, 750 of which he only delivered, having sold the remainder to another party. He was also opposed for Mr. Thomas B. Chanter, an English gentleman, from whom insolvent purchased timber to the amount of £500. --Insolvent also purchased corn for the house of Gould and Co., and though he was paid by the firm he made himself creditor of the poor farmers and never paid them a halfpenny. He also became indebted to the National Bank to the amount of £400. Mr. Babbington also opposed on behalf of John McAuliffe. Mr. McNally said that insolvent had been plundered by a Clerk to a large amount. The Court did not think the case ought now to be ford on to a hearing, and as insolvent owed £2000, he would adjourn the hearing, suggesting that insolvent be let out on his giving £500 bail.' (Report 5/7/1843) (List 29/11/1843) (Report 8/12/1843) Petition being heard at the hour of going to press.

MAHONY, PATRICK, County Insolvent, ( 21/7/1845) - The petition of Patrick Mahony was dismissed, the Insolvent not having appeared when called.

MAHONY, PATRICK, NL, ( 9/4/1845) - was opposed by Mr. Scannell on behalf ofJerh. Mahony, Patrick and Jeremiah Magner. The case was adjourned last Commission to enable him to make a settlement with his creditors, but he did not do so, though he got a large sum of money as a fine with a farm. - Mr. Walsh, on behalf of several of the creditors, applied to have the case adjourned, as he was about selling the farm to Col. Bainbridge, and would be able to pay all he owed. The money he got from the tenant went to pay 1 ½ years arrears on it. Adjourned.

MANNING, JOHN, Ship Carpenter, Formerly of Kinsale, late of Cork. (List 29/3/1843) no John Manning listed, but one Thomas Manning was DWO (Report 5/4/1843)

MASSEY, GODFREY, NL, ( 9/4/1845) - was discharged on Mr. Richard L. Jameson being appointed assignee.

MURPHY, CATHERINE, NL., ( 9/4/1845) - was opposed by Mr. Wm. Dawson for the purpose of getting up a house, his property, which was agreed by the insolvent, and she was accordingly discharged.

MURPHY, CATHERINE, Widow, Baker, Bandon-rd., Cork, ( 4/4/1845) - to be heard at Cork 7^th April

MURPHY, CATHERINE, Widow, Farmer, Condrowroony, Macroom, ( 16/12/1845) - DWO

MURPHY, DENIS, Yeoman, formerly Dairyman, Cork - 'was opposed by Mr. O'Connell on behalf of Michael Daly on the ground that he got himself collusively arrested by his father-in-law, Mr. Foley, the last day, so as to be in time for the Commission; and also that he ran off from a farm to which he was dairyman and took off some property. Mr. Barry said that no notice of opposition had been served. The insolvent stated that he passed the I. O. to his brother-in-law two years ago. Court-'Well, he was kind enough to arrest you and now he can get you out with my full consent.' Dismiss the petition on the ground of collusive arrest.' (List 29/3/1843) (Report 5/4/1843)

MURPHY, EDWARD, NL, ( 16/12/1845) - having settled with his creditors, his petition was discharged.

MURPHY, JEREMIAH, Farmer, Glouneghlough - 'petition was dismissed on the opposition of Charles Curtayne, Timothy Manning, and John Ring on the ground that he had himself collusively arrested.' (List 29/3/1843) (Report 5/4/1843)

MURPHY, JOHN, Governor, Cork County Gaol - (List 29/11/1843) (Report 11/12/1843) 'Mr. John Murphy, the Governor of the County Gaol was opposed by Mr. Scannell, on behalf of Eliza Spencer; and by Mr. Hobbs, on the part of Harman Ellis, confectioner. - Mr. Scannell said his client had advanced the amount of her claim as a loan when the insolvent was in some difficulty, and she opposed now merely for the purpose of obtaining an allocation of his salary. - Mr. M'Nally said the insolvent's debts were created by his son, a professional gentleman, since deceased. Mr. Murphy had paid upwards of £570 on account of that son. - Mr. Hobbs said the money due to Mr. Ellis was not entirely created through Mr. Murphy's son - and what to was paid in respect those debts was at the request of the insolvent. The debt amounted to upwards of £180. - Mr. M'Nally said that £14 was paid to Mr. Ellis and that the insolvent was very harshly treated in the transaction. If Mr. Ellis were put on the table and examined, he (Mr. M'Nally) would prove to the Court that he had charged this young man 60 per nt. - The Commissioner - Oh, can you prove he charged above 6 per cent? - Mr. M'Nally - I can prove that he was charged over 40 per nt. - The Commissioner - It this be the case, it is most frightful extortion - such practise are most disgraceful to the city. - Mr. Scannell said that after conference with the Solicitor, he was satisfied on the part of his client to trust to Mr. Murphy's word for an arrangement with his client - his assurance was as good as the bond of another. - Mr. Hobbs called upon the Court to make an allocation for his client. - The Court would make no allocation and granted the insolvent's petition. - Several of the professional gentlemen in Court bore testimony to the efficiency, the integrity and the humanity with which Mr. Murphy discharged his duties as Governor of the County Cork Gaol.'

MURPHY, JOHN, Labourer, Coachford - (?)- '_______ Murphy, sworn and examined--went to Mr. Barry and told him he wanted to take the benefit of the act, paid him 14s. 9d. and was told to come the next day; he was served with a process by a man in Mr. Reardon's office and paid 3s. 6d. and then went to the Court; on his oath Mr. Reardon was present when he put his mark to the I.O.U. Mr. Reardon did not recollect it. The Commissioner said, that he should put it before the Recorder, that he should preserve the purity of the Court. As the Recorder was not then sitting, Mr. McDonnell, Deputy Clerk of the Pea, was sent for, when The Commissioner said there was a sad abuse of this Court, and he trusted that it would be represented to the Recorder. Mr. McDonnell was not aware of it before. The attorney came to the office with the party and he asked him, was he the defendant? And he said he was, and that he consented to a decree for £2. Mr. Barry, in answer to the Commissioner said, 'Mr. Murphy, you did your duty in acting as you have done, and you would not have done your duty if you had acted otherwise.' Mr. Barry said he did not allude to Mr. Murphy. Commissioner-'Mr. Barry you have some very dangerous persons in your office.' (List 29/3/1843) (Report 5/4/1843)

MURPHY, NICHOLAS, County Insolvent, ( 21/7/1845) - On the application of Mr. L. H. Barry, the hearing of the petition of Nicholas Murphy was adjourned until next Commission. - ( 16/12/1845) - D

MURPHY, PATRICK, Hoop Dealer, Church St., Cork, ( 28/11/1845) - To be heard at Cork, 13^th December. - ( 17/12/1845) - Mr. Walsh, with whom as Mr. O Brien, appeared for the insolvent, and Mr. M'Carthy opposed him on the part of Mr. Seward Large. - Mr. M'Carthy said that Mr. Large was trustee for some English merchant, and that he held a policy of Insurance for 3300 at £20 a year, which the insolvent promised to pay as part payment of a debt of £1000, which he owed them. He paid the £20 up to last Sept., when he refused to do so any longer. He returned in his schedule debts to the amount of £826 10s. to meet which he had but £5 16s. - Mr. O Brien stated that proceedings had been taken three times against the insolvent, for the £20 premium, and that the costs amounted to £45. - Mr. Walsh said that so highly was the insolvent considered as a man of honesty and integrity, that were he to get into business again he would be credited to a large amount. His debts were contracted by failure in his business, the coopering trade, which he (Mr. W.) need not tell his Lordship was a fluctuating trade and one by which many persons in this City had been ruined. - His Lordship said that it did not appear that the insolvent had suppressed any of his property, and that his insolvency arose from failure in trade, he would therefore discharge him.

NAGLE, EDWARD, Farmer, Glashabue (List 29/3/1843) (Edmond), DWO (Report 5/4/1843)

NAGLE, PATRICK, Farmer, Glashabue - 'was opposed by his sister Mary Nagle. Court- 'I suppose you would wish to get your fortune, £15, before he gets out of jail?' I would my lord.' 'And you think he ought to pay you?' 'I do your reverence' (laughter). 'And so do I.' Mary Nagle-- 'I would be satisfied to give him six years to pay it.' Court, 'Is his mother living?' 'She is your worship.' 'Is she the woman he owes the £8 for the horse?' 'It is sir.' 'Then I'm afraid we can't expect much consideration from him.' Mr. Barry- 'I'll make him settle with her my lord'. Court- 'Oh, I'll settle him. Dismiss his petition.' (laughter)' (List 29/3/1843) (Report 5/4/1843)

NASH, JAMES, Mr., NL, ( 9/4/1845) - was opposed by Mr. Walsh on behalf of Mr. Carmichael, the receiver in the case of Norreys v. Minton and others, and by Mr. Galway on behalf of John and Cornelius Murphy. - Mr. Walsh said that a long statement was gone into last commission when the Court ordered him into custody. An ad interim assignee was appointed and the insolvent resisted him in the discharge of his duty and took the goods away from him, and since then he did not make any attempt to settle with the creditors. - He was opposed by the express direction of Master Linton. - Mr. M'Nally stated that the insolvent did not want to take the benefit of the act and would consent to have his petition dismissed.

NASH, JAMES, Gent., City Case, ( 17/12/1845) - James Nash, gentleman, was opposed by Mr. George Philpott as security, by Mr. Babington on the part of Cornelius and John Murphy, and by Mr. Walsh for Mr. Gardner receive in the case of Norreys v. Maunsell, and for John Ahern and Michael Ahern, and by Mr. Bastable for William Rogers and Thomas Nash. - Mr. Walsh was going to address the Court, when, - Mr. M'Nally rose and said that before Mr. Walsh entered into a statement of the case, he would make an application for a further adjournment. It was true that the insolvent had his case adjourned several times before, but he did not intend to defraud his creditors by taking the benefits of the act. Mr. M'Nally then offered to Mr. Philpot £15 and to the receive £35 as instalments of their debts. - Mr. Philpott would not consent to the adjournment for by doing so he might involve himself as Mr. Sugrue held the whole of the insolvents property under a mortgage. - Mr. Walsh desired to have the insolvent discharged in order that the receiver might be enable to sue his recognizans. Since the first attachment the insolvent had filed several bills before the Master in Chancery, but they were all declared a tissue of falsehoods. - The insolvent here rose and said that it was not his intention to defraud any of his creditors, least of all Mr. Gardner or Thomas Nash from whom he received a great deal of kindness; but that Mr. Philpot opposed him through a desire to injure him, as he had done before. - Mr. O Brien stated that the insolvent had paid to Mr. Bastable £1500 law costs. - Mr. Sugrue was examined by Mr. Walsh - In the year '38 he got a mortgage which he intended should comprise the whole of the property; got two mortgages in the year '48 (sic), one in May and another in June, for about £1500. The insolvent cleared off part of the debt, but at present owes £1470 10s., which, with interest, would amount to £1500. - His Lordship granted the adjournment, and the insolvent was allowed to stand out on bail.

O BRIEN, JOHN, Pensioner, Wrixon's Lane, Cork, ( 28/11/1845) - To be heard at Cork, 13^th December.

O BRIEN, THOMAS, late Stipendary Magistrate, NL (/11/1844) Case postponed until following Wednesday

O SHAUGHNESSEY, EDMOND, Gentleman, Ballincolly, Co. Limerick - O Shaughnessy, Edward, NL (List 29/11/1843) - ( 5/4/1843) 'ROMAN IN REAL LIFE' - A case presenting features of more than ordinary interest, and strongly vindicating the maxim orime seldom fails to result in its own punishment, occupied the Insolvent Debtors Court on Monday, before that excellent judge Mr. Commissioner Farrell. We allude to the case of an Insolvent the of [sic] name of Edward O'SHAUGHNESSEY whose petition for discharge was opposed by Michael HALLINAN of Charleville. The facts as they were detailed in evidence were briefly these: -- In the year 1837 or '38 O'SHAUGHNESSEY, who was understood to be in comfortable if not in affluent circumstances, feigned a passion for the daughter of HALLINAN, a girl of prepossessing attractions and in manners superior to many of her grade. He won her affections, but as the sequel unhappily proved, to betray them and cast his victim a broken-hearted wanderer on the world. Under the solemn promise of marriage he overcame her virtue, as it was stated, forcibly--- and she not being desirous of prosecuting her destroyer, or of exposing herself to the bitter taunts of her acquaintances, and companions, resolved to quit the country and emigrate to America. This resolution she carried into execution. She proceeded to the United States where she succeeded in obtaining such employment as her industrious habits in the way of farming occupation fitted her, but destiny cast O'SHAUGHNESSEY again in her way; he offered her marriage in reparation of the injury he inflicted---the offer was accepted, and the ceremony was solemnized in due form according to the ritual of the Catholic Church by a Priest of the diocese of New York. Again, however, was she doomed to disappointment and wrong; and again did O'SHAUGHNESSEY behave traitorously to the faith reposed in him. He lived for a period of but three months with his wife, when he abandoned her in the midst of strangers, returned to Ireland, and after some time, attempted to marry another woman--an attempt in which he failed to accomplish through the ministry of a Catholic clergyman, but in which he was successful by obtaining that of a Protestant clergyman, who either entertained no scruples upon, or who was not thoroughly acquainted with the matter. Fortune, however, was determined that he should not long enjoy a guilty ease. His first wife, after having endeavoured without success to support herself in America, was compelled by the pressure of distress, to come home and seek an asylum in her father's humble abode. This she received with paternal kindness. The cabin of the parent afforded her a roof and shelter and subsistence. But HALLINAN convinced that her husband was bound by every law to support her and O'SHAUGHNESSEY residing in the neighbourhood, HALLINAN had him served with a civil bill process for the maintenance of his wife. O'SHAUGHNESSEY appeared and defended the process. He stoutly denied that the woman had any claim whatever upon him. He denied that he had ever married her---he mocked her, as one who would impose upon him by falsehood---and he had well nigh succeeded with his defence, and gone triumphantly out of the court, when, strange to say, two witnesses were forthcoming, who were present in America when the marriage was solemnised between the parties. They came forward, deposed to the facts, went thro' [sic] a searching cross-examination, as well at the hands of the Assistant Barrister, who was evidently surprised at the incident, as at the hands of O'SHAUGHNESSEY's solicitor. The force of truth prevailed and a decree was granted against the double betrayer! - "And most strange of all in this eventful history" - The debt for which he was detained in this instance was on a decree for ten pounds obtained against him, for the support of a child, the fruit of another amour! The learned Commissioner intimated that this was one of the most extraordinary cases that had come before him in his experience. It was a case too, which created much surprise in a crowded Court. No defence was set up against the crushing weight of facts stated, the petition of the Insolvent was summarily dismissed, and he was sent back to jail to ruminate for a season on a series of betrayals not frequently equaled amongst the most reckless in this country.' - O Shaughnessey, Edmond, Ballincolly, county Limerick, gentleman. - 'was opposed by Mr. O'Brien on behalf on insolvents father-in-law. In 1837 he committed a rape on the daughter of his detaining creditor. She was then sent to New York, where he followed and married her, and then returned to Ireland and married another woman. His wife then returned when he denied his marriage. However, at one Civil Bill Sessions he was decreed for the support of his first wife, and for the support of his second wife, as also an illegitimate child. These decrees he now sought to evade. Mr. Adams said that he was willing to take with the woman and support her. Mr. O'Brien said that he hoped the Court would not aid a person guilty of so much profligacy. Insolvent's mother swore that her son had no property, though on production of leases it appeared he had an interest. The case was adjourned to enable the agent to Lord Cork to landlord to devise some mode of arrangement.' (Report 5/7/1843). - O Shaughnessey, Edward - (Report 8/12/1843) This was the third time this insolvent came before the Court. The opposing creditor on the former occasion was Michael Halloran, who obtained a decree against the insolvent for the support of his (Halloran's) daughter, who claimed to be the wife of the insolvent, but which he denied in the schedule. Halloran did not appear upon this occasion, but the fact of the marriage having been since ascertained, the Commissioner severely reprimanded the insolvent for the mispresentation - and having the evidence of Mr. Leahy, the agent of the Earl of Cork, under whom the insolvent and his mother held some property, as to the kindness of his Lordship to those persons, the Court also commissioned in strong terms upon the baseness of the insolvent in endeavouring to meet with the Court by false allegation as to the fact upon this point. - The Commissioner directed the schedule to be amended according to the decree of the Barrister, in his representation as to the property held between him and his mother to stand as it was at his peril - the insolvent to be discharged now, but his discharge to be cancelled - the insolvent being also liable to be indicted for perjury, in case the facts as set forth by him were disproved.

QUINLAN, WILLIAM, Wooldraper, Great George's St., Cork - 'was opposed by Mr. Fitton on behalf of Patrick Devereaux and on behalf of Mr. Harris & Son, London, by Mr. Franklin on the grounds that he was an insolvent when he contracted the debt, and that he gave an undue preference to his brother-in-law, and also that some insurance policies which he possessed were not returned on his schedule. Mr. McNally stated that those policies were handed over to trustees appointed in 1840, after a former insolvency to pay 4s. in the pound. Mr. Franklin considered that a fraud, and besides he mixed up another creditor in the account of his sale to prevent its appearing that his brother-in-law got everything. Mr. O'Keeffe informed the Court that he settled with his creditors for 4s. in the pound, and by a breach of faith, many demanded the full amount, and thereby caused his inability to pay. Mr. McNally stated that he paid Mess. Harris and Son twenty shillings on the pound. They gave them back some of their hats. Court, 'Oh, that shows this gentleman did not wish to take your hats without paying for them. Mr.McNally, Yes, and we offered them the remainder of their hats and they refused to take them. Mr. Fitton opposed, on behalf of a working hatter, from whom he got £8 worth of hats when the execution was on, and those goods were sold for the benefit of his brother-in-law. Mr. O'Keeffe informed the Court that he was taking £10 worth of goods every week and paying him for them, and this was only a balance. Mr. Devereaux denied that he took so much goods, and being a struggling man he was nearly turned out of his house and ruined. Mr.Quinlan was sworn and examined- The Policies were sold by the Attorney of the Trustees to Mr. Murphy; when he found that he could not get enough out of the policies to pay Mess. Harris, he went up to Dublin to raise money on the lease of his house, and was told by a Mr. Despard Taylor to call on him the following day and he would have the money for him, on his calling Mr. Taylor told him he had a judgement debt against him, and would keep the lease to secure himself. The Court said that Mr.Quinlan struggled on, and he should have applied before to that Court. It would have been better for himself and his creditors if he had done so, than going about raising money. On looking to the hatters account, he could not say that he intended defrauding this man of his money. The Insolvent was then discharged, and the appointment of assignee referred to the officer.' (List 29/3/1843) (Report 5/4/1843)

REA, EDWARD, Farmer, Ballinaparka. (List 29/11/1843) (Report 11/12/1843) Address now given as Ballykitt. Petition dismissed.

REARDON, JOHN H., Gentleman, Ourtneard. (List 29/3/1843) Hearing postponed until next commission. (Report 5/4/1843). Reardon, John H., NL No opposition (Report 5/7/1843)

REEN, TIMOTHY, Yeoman, Newmarket - DWO, however, his case was brought before the Court during summer assizes, July 1843. (Report 5/4/1843 - not on list) - See March 1843 Debtors also 'was opposed by Mr.McNally on behalf of Henry Noblett and the Rev. John Longfield, and Mr. Franklin opposed on behalf of William Daunt. The ground of opposition was that insolvent put the Rev. Mr. Longfield to great expense and inconvenience; besides that his being returned a debtor on the schedule was false and untrue. In 1839 Mr. Longfield was discharged an insolvent, and on his schedule he returned Reen, a creditor for £52, and after some time, by some means or other, Reen was appointed assignee. For some time Mr. Longfield paid off all his creditors, with the exception of Reen, and he applied for a reference to see whether all the creditors were satisfied, when the chief clerk found the debt due Reen, with taxed costs and interest, amounted to £87 13s. 7 1/2d. On 27^th July 1840, Timothy Reen swore---"I have been paid by the insolvent at the sum of £75 14s. 6 1/2d., being the amount due to me for principle interest, and costs, at foot of my judgement against the said insolvent, and I further declare that I have been paid the further sum of £11 7s. 5d., sterling, amount of my taxed costs in this matter, and a further sum of 11s. 8d. costs allowed by the chief clerk for my attorney's attendance on reference under the order of the 27^th June 1840; and I hereby undertake to execute to the said insolvent a re-conveyance of the said insolvents estate and effects, on same being tendered to me on an order of this Court for that purpose." Reen was arrested under attachment, but he made his escape, but another application had to be made, on which an escape-warrant was issued and placed in the hands of the police. The police went to execute it, and having burst in on him, he made desperate resistance, and stabbed one of the constables, when they fired on him, and shot him in the arm, by which he lost his hand. He was then arrested and tried for the assault on the police, for which he was imprisoned 12 months. Not withstanding all this, when he came before the Insolvent Court he had the audacity to file a false schedule, and aver in it that Mr. Longfield was his debtor. That was a monstrous statement, and such as brought insolvent within the discretionary clause of the statute. Mr. Adams for insolvent said that what Mr. McNally stated was perfectly correct, but there were other matters which when stated would give a different complex on the case. He admitted that Reen had been paid the money by Mr. McNally, but it should be recollected that for ten years Mr. Henry Longfield was in possession of the property, being assignee, during which time no creditor was paid; but Reen having applied to the Court to remove Henry Longfield, the brother of insolvent, and to appoint himself, it was complied with, and the Rev. Mr. Longfield then came forward to pay his creditors; but Reen now found it necessary, being ford to take the benefit of the Act, to return Mr. Longfield as a creditor for fear the tenants might turn on him and put him to costs, and he also refused to sign the conveyance until he was indemnified. Mr. Franklin opposed Reen, on the ground not alone of utter contempt of this court, but also of the Court of Exchequer. Mr. Daunt was discharged an insolvent by this court, where he was opposed by Reen, not withstanding which Reen arrested him for the debt returned on the schedule. Reen was then served with notice to discharge him; but he refused to do so, and Daunt was driven to the Court of Exchequer for relief. The court granted a conditional order to show cause, but Reen did not answer, still keeping Daunt in custody from the 9^th October to the 12^th December, when he was discharged by the court, after Daunt being put to £12 costs. Mr. Adams said that the insolvent would swear that the execution being in the hands of the Sheriff, it was executed without his concurrence, as his attorney was seeking for his costs. Registrar--'This schedule is bad.' Court--'This schedule was prepared by Mr. Wrixon, who has put the Court to great inconvenience. The name of William Daunt is not at all returned.' Mr. Adams--' Perhaps your Lordship will allow me to add this debt.' Court--'No, Sir, for these are persons who must be discouraged from meddling in these matters at all.' Mr. Adams--'And will you send back this unfortunate man after two years imprisonment' Court--'Is it all through the meddling of persons not qualified. How long is he in prison?' Mr. Adams--'Two years.' Court--'I thought that he was out on bail.' Mr. Adams--'Only a fortnight.' Mr. McNally--'That is not the fact, as he has been twice out on bail.' Court--'This all arises from the meddling of Mr. Wrixon. I must refuse a discharge from the errors of omission and commission, besides that the contempt was the most glaring. However, this man has suffered severely by loss of his hand and imprisonment civil and criminal.' Mr. McNally's object was merely to lay the truth before the Court, which ought to be cautious in allowing Reen to swear to the schedule in its present form. Mr. Adams--'The schedule shall be altered in whatever way the Court suggests.' Mr. McNally--'Not as the Court suggests but as the truth directs.' The schedule being amended, the insolvent was discharged.' (Report 5/7/1843)

REYNARD, MARGARET, Widow & Publican, Blarney Lane, Cork (List 29/3/1843) Raynor, DWO (Report 5/4/1843)

RIORDAN, DANIEL, JUN.,Vintner & Cooper, Market St., Cork, ( 4/4/1845) - to be heard at Cork 7^th April

RIORDAN, JAMES S., Mr., NL, ( 9/4/1845) - was opposed by Mr. Walsh on behalf of Henry Mahony. Mr. Mahony supplied him with beef for a contract he had with Mr. J. Besnard. That gentleman, in consequence of changes being made in the emigration system was unable to pay Mr. Riordan, but Mr. Riordan was married to a lady who was worth £6000, but who had it ingeniously settled on herself. He never told Mahony of this settlement, and he seized a four-wheeled car and horse, which it was alleged was the property of his wife, and two inquiries were instituted before the Recorder to try whose property it was, but the jury could not agree. He wished to know if he got any money from his wife, and what he did with it. - Mr. M'Nally complained that they improperly sold, either the property of the wife or else his property, after the schedule was filled. - Mr. Walsh - The attachment was issued before he became insolvent. - Mr. M'Nally - But judgement was not given; and besides they sold for £9 what his wife gave 345 for. - The Court ordered the Insolvent to be dismissed.

ROSS, WILLIAM, City Insolvent - 'The petition of William Ross was dismissed, he having filed two schedules which differed in their details, and also on the ground that he was collusively arrested.' (Report 5/4/1843 - not on list)

ROWLAND, EDWARD GARDE, Gentleman, Mercyville - 'as opposed by Mr. Gallwey on behalf of Mr. John O'Connell. Court said he was opposed before by that gentleman, on the ground that he got timber fraudulently to repair a house which he alleged to be his. Mr.Gallwey- precisely my lord, and he does not return the house on his schedule. Mr. McNally stated that the house was settled on his wife by marriage settlement. Court- 'And his wife and children are to get the benefit of this timber fraudulently obtained', Mr. McNally- no my lord, for there was a large arrears of rent accumulated on the house from the dilapidated state it was in and the landlord is in the possession of the profit rents to pay them off. As Mr.Gallwey can have no object but to get a settlement for his creditor, perhaps, you would defer deciding on the case until next commission. Court- Very well, but he must amend his schedule.' (List 29/3/1843) (Report 5/4/1843). Discharged (Report 5/7/1843)

RUBY, HENRY, NL/ RUBEY, THOMAS HENRY, NL - 'opposed by Mr. McNally on behalf of Dr. Ahern. He said that his Lordship often heard of strange modes of friendly arrest, but the case before him was the strangest mode ever connived. Mr. Ahern appeared as his detaining creditor, but his Lordship would be greatly surprised that such was not the case. In September 1841 Dr. Ahern held a joint note of Thos. Henry Ruby and Henry Ruby, for £14, upon which he obtained a decree, and £7 was paid out of it. The decree was then taken out against Thomas Henry Ruby and he was arrested, but it being a joint note, both the parties were inserted in the decree as defendants. Henry Rubey not having a creditor who had a decree against him, and wishing to get into custody, looked about and having discovered that his name was in the decree walked up to the gaol and surrendered himself to Mr. Murphy, stating that Dr. Ahern sent him up when such was not the case. He also returned Dr. Ahern a creditor for £7 money lent, when he never lent him a farthing. Mr. Creagh understood that statement could not be bourne out by evidence. Dr. Ahern examined---knows the insolvent, and does not owe him money, never having been lent anything by him. The insolvent owes him £16 on a promissory note at the instance of Mr. George Adams. He was told by Thomas Ruby that he would bring an action against him for false imprisonment having arrested him on a bill which was a forgery. ________ Henry Ruby to be arrested and Thomas H. Ruby was about _______ him £50 a year on a _______ estate. Mr. McNally read several letters from the insolvent promising to pay the money. The Insolvent wished to have Dr. Ahern asked how much he got for the bill for £14? Dr. Ahern--I gave £12 10s. Mr. Creagh--Rubey, how much did you get? £9 10s. Mr. Adams said that he was present when the money was given and the insolvent got more than £9 10s.; since coming into court the insolvent told him he gave £3 for discounting the bill and according to that account he would get £11. Court--'Oh, I see how it is. These are unprincipled men raising money in whatever way they can, and those that lend them money must sooner or later expect to lose it. The legal interest for this sum of money is only 5s. There is a whole street in Dublin devoted to lending money in this way, and those who borrow it must sooner or later become insolvent. This petition must be dismissed, not in consequence of the opposition, but to deter others from borrowing money in this manner. Mr. Murphy stated that the insolvent came up to him at the jail, in company with another man, who stated that he had been sent up with him by Dr. Ahern, but not having a note from Dr. Ahern, he sent him back for one, but he never returned. The Insolvent then asked permission to see his brother, and on looking at the decree, his name having been found in it, he was detained; he was not detained against his will. Petition dismissed.' (Report 5/4/1843 - not on list). - Rubie, Henry, NL - 'Henry Rubie was opposed by Mr. McNally on behalf of Doctor Ahern, on the ground that insolvent was never in custody.' (Report 5/7/1843)

SCANNELL, DAVID, Farmer, Tulliland, Bandon, ( 4/4/1845) - to be heard at Cork 7^th April.- ( 9/4/1845) - was opposed by Mr. Bass on the ground that he was a tenant under the courts and owed four years' rents at £7 7s 8d. a year. - Mr. M'Nally stated that he was 24 years on the ground and only £18 in arrear which was caused by three years successive bad crops. - Court- The ground must be given up. - Mr. M'Nally - Let the case stand until next commission and something must be done. - Court- When did you pay the last rent? - Insolvent - Two years ago. He would not take half year's rent if it was 2s. short and I spent it for to support my family. - Court - Then you must give up the land, for you are a trickster in place of an honest man. You should put the money in the saving's bank for your landlord. Discharge him, but he must give up the land on the 1^st of August or pay the rent.

SHEA, WILLIAM, City Case, ( 17/12/1845) - Mr. E. H. Barry appeared for the Insolvent. D

SHEEHAN, DANIEL, Yeoman, Blarney Lane, Cork (List 29/3/1843) DWO (Report 5/4/1843)

SHEEHAN, DAVID, Dealer in Leather & Farmer, Mallow (List 29/3/1843) DWO (Report 5/4/1843)

SHEEHAN, DAVID, NL, ( 15/12/1845) - Mr. O Connell opposed on behalf of John Walla, who had entered security with him for the sum of £3 2s. 6d. - Discharged. - SEE ALSO SHEEHY, DANIEL

SHEEHAN, TIMOTHY, Farmer, Dronnebeg, Millstreet, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - was opposed by Mr. B. Galway on behalf of Mr. Roper Weston, on the ground that he owed five years' rent. His object was to get up the ground. - Mr. M'Nally said he should have ejected him and not take out four decrees. - M. Callaghan, the agent stated that they should go to the higher courts to eject him as there was a joint tenancy between him and others and the reserved was £50. He paid £1 13s. in July and then owed £40. - Mr. M'Nally informed the Court that he sold his potatoes and crops on him and kept him in custody for some months. - Court - Why this man owes the national debt and is nine months in prison. You must proceed in lower court and eject him. - Mr. Galway - We must now serve our 6 months' notice, and remain a year out of the land. - Court - I can't help that - Insolvent - you are a miserable ignorant man, and mismanaging everything - Do you hear sir. - Mr. M'Nally - My lord he is an Irishman and does not understand a word you say (laughter). - Mr. Callaghan - I am ready to enter into any arrangement. - Mr. M'Nally said he would enter into no compromise as when Mr. Callaghan became agent he raised the rent over £1 an acre, and the man continued paying until there was an arrear of £47. Mr. Callaghan then made him give up half of the land to the driver and he was to allow him £8 to pay off the arrear, which was not done. He then seized the property and when it was put up a whisper went round not to bid for it as it was to be bought for his wife, and Mr. Callaghan had it then bought and conveyed the goods to the driver's house. - Mr. Callaghan denied that such was the case. The goods were purchased by a friend of his and were offered to his wife but she refused the, and they were sold in Cork for less than what was given for them. - Court - Mr. Callaghan where do you live? - Mr. Callaghan - I live in Cork my lord. - Court - Oh, I see how it is; you are governed by this driver, and your understanding is subject to his cunning and contrivance. You have no information or eyes or ears but the drivers. - Mr.Callaghan - Not at all my lord, for I am often obliged to go out there in consequence of this man's litigation. - Court - I believe you to be a well meaning sensible man, but the driver is the cause of all this misfortune. He pays £13 for 8 acres of ground and it is deplorable to have this going on. - A Witness proved that if the arrear was cleared off the insolvent would be able to pay the rent. - The Court then ordered the discharge of the insolvent.

SHEEHY, DANIEL, Labourer, Dunmanway, ( 16/12/1845) - opposed by Mr. P. O Connell for John Wallis. An assignee being appointed, insolvent was discharged. - SEE ALSO SHEEHAN, DAVID

SHORT, SAMUEL, Victualler, Cremin's-lane, Cork, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

STRETTLE, JOHN, City Case, ( 17/12/1845) - Mr. Babington opposed the Insolvent on behalf of Mr. Foley, on the ground of non-fulfillment of a contract. Remanded for six months.

SULLIVAN, JEREMIAH, Tailor, Cork - 'opposed by Mr. Gallwey on behalf of Michael Ahern. His client went security for him to the Loan Bank for money, which he laid out in clothes, and not having disposed of them he put them in the pawn office. The detaining creditor demanded the tickets but he refused to give them. The Insolvent stated that he got £3 at the Loan Bank, out of which he paid 18s. Mr. Barry informed the Court that he refused to do the Insolvents business, as it was connected with the Loan Bank and offered the opposing creditor a shilling a week out of his earnings, towards defraying his debt. Court- 'Don't do that again, for I have altered my opinion respecting the utility of those institutions, and wish every case to be heard on its own merits. If this man paid 18s. out of £3, how is it possible that a decree was granted for £3 10s.' Ahern- I went security to another Loan Bank for him. Court- 'Why are you engaged in these Loan Banks, or, what are you?' Ahern- I'm a publican. Court- 'Oh, I see, you are a very benevolent man (laughter). How much was paid for the loan of the pound' Insolvent- I got 18s. 9d. from Mr. Ahern, in George's Street, the balance being kept for the loan of the pound. Court- 'I can't tell which of you are the most considerate. Oh, you are a regular swindler.' The Insolvent stated that he pawned the clothes to pay his creditors. Court- 'Oh, those publicans are very tender fellows. I am afraid you dealt too much with that class.' Insolvent- I have a very large family my lord. Court- 'but that consideration did not prevent you taking one glass of whiskey less, although you seem full of affection for them now. I cannot do better than remand you for one month, and that will make you practice temperance.' Ahern said he did not sign a loan paper for him until he joined the society, and then he took pride in his prosperity. Mr. Barry stated he was still a temperance man. Court- 'well the confinement will make him stick to his pledge the closer' (laughter). Mr. O'Connell-There will be a procession on Easter Monday, and perhaps you could let him join it my lord (great laughter).' (List 29/3/1843) (Report 5/4/1843)

SULLIVAN, JOHN, Farmer & cattle-dealer, Blackpool, ( 4/4/1845) - to be heard at Cork 7^th April

SULLIVAN, JOHN, NL, ( 9/4/1845) - John Sullivan was opposed by Mr. Walsh and Mr. Franklin on behalf of Mr. Nash, the insolvent owing him owing him 4 years rent. The insolvent held by proposal and an action was brought for part of this money, and in place of giving a plea of confession he obliged Mr. Nash to bring a record on the proposal and have it stamped, and then he did not go into court to defend it. When civil bill ejectments were brought, during the time between the service of notice and trial he introduced a new tenant, and always upset the proceedings on the grounds that all on the land were not served. He had in his possession 32 acres on which there were 19 tenants to be served to bring an ejectment. He has also thrown down the ditches and destroyed the land. - Mr. M'Nally for the insolvent stated that 4 years since the Insolvent held under a proposal, but it was then arranged that he should pay £67 arrear and take out a lease. The stamps were purchased and lease drawn up and sent to Mr. Gilkrest of Kanturk, then agent to Mr. Nash, to have them signed, and he refused to execute them; the tenants refused to pay the rent until they got leases. - Mr. Walsh contended that it was Mr. Sullivan refused to execute them. They got a judgement in September 1842, for £92 13s. 10d. but he did not pay rent since. - Court - Let it stand until Mr. O Brien, the Attorney to the record comes.

SULLIVAN, MICHAEL, Millstreet - ( 5/4/1844), 'opposed by Mr. Scannel on the part of Humphrey Sullivan. His Lordship directed the insolvent to be discharged provided he would give up the possession of a farm which he held from the opposing creditor.'

SULLIVAN, THOMAS, Farmer & pig-dealer, Magoverney, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - was opposed by Mr. John Fitzsimmons on behalf of Jeremiah Kelleher, who lent him £50 with which he purchased pigs, and never gave any account of them. - The Court considered that there was a conspiracy between the insolvent and his relations to defraud Kelleher, and dismissed the petition. - Mr. O Brien having come into court stated that in Mr. Sullivan's case an action was to be tried at the late Assizes, but they got notice from the plaintiff that the record was withdrawn. - Mr. Walsh said that that did not matter; what they complained of was that he did not execute the leases. - Mr. O Brien believed that he was anxious to execute the leases when they were prepared as on the occasion he paid up a large sum of money. - Mr. Walsh intimated that he was under ejectment at the time and paid up to hold the lands. - Court - Is he ready to pay his rent? - Mr. O Brien - He alleges that he does not owe so much money. The old landlord died and the present landlord does not pretend to know of those arrangements. - Mr. Walsh - We acknowledge he cleared up in 1841 and it is not so very hard to show he has paid the rent since. - Mr. Nash proved that he acted as agent for his brother previous to his death, and the former agent returned him as owing a years' rent; in 1842 witness applied to him for it, but he denied owing it and said twice a year's rent would not pay his claim; this was some visionary claim set up by him; he then told him that if he did not pay he should resort to the land upon which he said ' I put down one tyrant and you're going to act another.' Legal proceedings were then taken, but they got nothing from him but incivility. - Court - Dismiss the petition. - Mr. Nash - When I asked him for the money he said he would not give me his property, but put me in the lands of the Repeal Association (laughter). - Court - Well you have put him into the lands of Mr. Murphy, and I'll let him stay there (renewed laughter). - Mr. Denis O Callaghan Nash stated that the farm was in a most destructive state and about 25 acres out of 32 acres were burned; the Insolvent left his wife on the ground and was living in Cork with another woman. - Court - Oh, you are a dreadful man. - Insolvent - Will your lordship hear my wife's reason for my running away from her, of my two sons. - Court - I do not want to hear any more of your wickedness. You must give up the land or pay the rent. You are a most mischievous man, for you bring into dispute honest and industrious tenants.

SULLIVAN, TIMOTHY, Gent., Ballygurteen - (List 29/11/1843) (Report 11/12/1843) 'was opposed by Mr. Limrick for the representatives of Eugene Daly, the landlord, on the ground of litigation. The petitioner was discharged.

SULLIVAN, TIMOTHY, Labourer & Dealer, Knockmauna. (List 29/3/1843) DWO (Report 5/4/1843)

SULLIVAN, TIMOTHY, Yeoman, Ballymakeera, Macroom, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - DWO

SWINEY, PATRICK, Labourer, Glountane, ( 4/4/1845) - to be heard at Cork 7^th April - ( 9/4/1845) - was opposed by Mr. Fitzgerald on behalf of Mr. Timothy O Callaghan Horgan, the receiver, to be appointed assignee. - Mr. M'Nally - He has four acres of ground from him which he repeatedly offered to give up. - Court - It is very novel that the landlord will not take the land when he can't get rent. Discharge the man.

THOMPSON, BENJAMIN, Lieutenant of 1^st Royal Veteran Battalion, Bandon, ( 16/12/1845) - was opposed by Mr. J. J. O Brien and Mr. Fuller, for a number of creditors. - He was opposed on the ground of having full pay, £132 7s. 4d. with other property, amounting in the whole to £180 a year, while his entire debts were but £102 13s. 4d. due to a number of humble persons. - The Insolvent was then examined. He said he was a lieutenant of the 1^st Royal Veteran Battalion, for which he got 7s. a day. He had a small house, out of which he got 1s. a week, and his wife had an income of Thirty Pounds a year. Out of these resources he had to support eleven in family. On the 26^th March next insolvent would be fifty-nine years of age. One of his daughters had married a policeman, who was dismissed, and he was now a private soldier at Portsmouth, and his daughter and her child lived with insolvent, as well as a son of his, a corporal in the service, who was at home sick; insolvent was allowed to retire on full pay, owing to his services for six years in the Peninsula, and having been frequently wounded. - The Commissioner said that it was a melancholy thing to see a man who had served his country so confused in all his dealings, and upsetting Courts, juries, and arbitrators; but the fact was that his family was running him to destitution for want of proper control. Did you rise from the ranks? - Insolvent - I did. - Commissioner - You deserve a great deal of credit for your former conduct but you seem inadequate……..

TRANTHAM, JOHN, Pensioner, Harpur's Lane, Cork, ( 28/11/1845) - To be heard at Cork, 13^th December.

TANTRUM, JOHN, Pensioner, City Case, ( 17/12/1845) - Mr. O Connell opposed on the part of William Jennings, the Insolvent was also opposed by Richard Casey. Remanded for 6 months.

TWOMEY, JOHN, Monees, ( 16/12/1845) - ' was opposed by Mr. Gallway on behalf of Cornelius O Callaghan on the grounds that insolvent had an interest in lands which he did not return. - The insolvent being examined was discharged.

TWOMY, JOHN, County Insolvent, ( 21/7/1845) - Mr. L. H. Barry applied to have the case of John Twomey adjourned until next Commission, as he was about settling with his creditors. He was out on bail. - The Court granted the application.

WALSH, JOHN, Cove, ( 17/12/1845) - Mr. Babbington opposed the Insolvent on the part of Mr. Denis R. Moylan. Remanded for 6 months or to pay half the debt.

WALSH, PATRICK, Labourer, Formerly of Templehill, late of Cork - 'said he got into jail through the instrumentality of Mr. Barry, Mr. Mullane and Mr. Reardon but did not owe any money. The Commissioner said to Mr. Reardon that this was a scheme to get decrees from the Recorder. Mullane denied that he had anything to do with the affair, although the Insolvents swore that that he was one of the party in each case. The Commissioner advised him to take care of himself, that his hardihood would not save him. He desired Mr. Murphy not to allow him ever into the jail except as a prisoner. He then told Mr. Barry that he should prepare an affidavit to rebut the sworn evidence of that day, and give an explanation. The Commissioner desired Mr. McDonnell to give his compliments to the Recorder, and acquaint him with the circumstances which occurred, for he knew that no man could be more anxious to preserve the purity of the Court than the Recorder of Cork.' (List 29/3/1843) (Report 5/4/1843)

WARD, MICHAEL, Farmer, Johnson's Lane, Cork, ( 4/4/1845) - to be heard at Cork 7^th April l- ( 9/4/1845) - DWO

WELPLY, SAMUEL, NL ( 5/4/1844), 'opposed by Mr. O Brien on behalf of John Walton; adjourned until Saturday.'

YOUNG, JOHN, Tanner, Bantry - (List 29/11/1843) (Report 11/12/1843) 'was opposed by Mr. Forsayeth, on behalf of Samuel Hutchins, by Mr. Limrick for James Swanton, and by Mr. Galway for Richard Lane Allman, Thomas Healy and Cornelius O Donovan. The hearing was adjourned by consent to the next Commission. Dismissed (Report 5/7/1843)

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