Clayton’s Notebook, 43
Court of Common Pleas of Delaware.
December 3, 1814.
Truitt, on a proper petition, had obtained a rule on his creditors to show cause today why he should not be discharged out of prison under the Insolvent Acts, but, having found it impossible to give them notice on account of the great distance some of them lived from Dover, he now moved by Ridgely, his counsel, to amend his petition so as to pray to be adjudged to serve his creditors.
PER CURIAM.
This amendment would be fruitless, and you could not obtain your object by insisting that prayer. We have looked into the Acts and are of opinion that we have no authority to adjudge an insolvent debtor to serve his creditors without first summoning them to show cause why the order should not be made. But as Truitt appears to be really insolvent, we will order that the persons by whom he was arrested do, within twenty days, enter into a recognizance for his maintenance in prison, for default of which he shall be discharged.
Page 528
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