Aireborough Historical Society

1857 Guiseley Bankruptcy Hearing




Title
Guiseley Bankruptcy Hearing
Date August 1857
Location Guiseley
Photo ID
V320
Comment

" Leeds Bankruptcy Court August 22 (Before Mr Commissioner Ayrton) Illegally Resisting The Messenger Of The Court :

    Several witnesses were summoned today for the purpose of proving an alleged contempt of the Bankruptcy Court by the Guiseley Mill Company and an illegal resistance to the messenger of the court. 

Mr Bond approached on behalf of the messenger and for the petitioning creditor and Mr Ferns was for the Guiseley Mill Company.

     It appeared that a man named Bousfield made an assignment on the 8th of August to Mr Walmsley of Yeadon, an auctioneer and two days afterwards Bousfield was summoned at the County Court, Otley, at the suit of the Guiseley Mill Company.

A verdict was given for the plaintiffs and immediate execution was granted.

Notice was given to the plaintiffs of the assignment but the bailiff of the County Court seized two cows belonging to Bousfield and took them to the field of a person named Bateson.

    On the 14th a petition was filed against Bousfield in the Bankruptcy Court and on the 17th the learned Commissioner made an order for the sale of these cows, which order overruled the execution from the County Court.

The messenger seized the cows and put them into another field and Walmsley was instructed to sell them.

    On the 19th a man named Abbott, bookkeeper to the Guiseley Mill Company and a number of their workmen took away the cows out of the field.

Naylor, the man in possession on behalf of the messenger, hearing of this, went to a public house where some of the partners in the Guiseley Mill Company were present, produced his warrant and read it to them.

They treated the matter with indifference, saying it was all fiction and rubbish and refused to give up the cows, which were shortly afterwards sold by auction in the presence of a large concourse of people, Naylor making an ineffectual attempt to drive the beasts away.

    Two or three witnesses were examined to prove these facts but it was admitted that the bailiff of the County Court had stated, prior to the sale, that if the Bankruptcy Court that he was to give up the money he would do so - His Honour having stated that the messengers warrant superseded the County Court execution.

    Mr Ferns intimated that his clients were willing to consent to the money for which the cows had been sold being given up, which was immediately done.

His Honour recommended that each party should pay their own costs".

Image courtesy of the British Newspaper Archive, research by Edwy Harling

 


 

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