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1 Binn. 462

Baker's Case

Supreme Court of Pennsylvania

Decided December 30, 1808

Supreme Court of Pennsylvania · decided 1808-12-30

BAKER presented his petition to this court under the act of April 1798, praying for the relief prescribed by that and other insolvent acts of the general assembly. The schedule annexed to his petition set forth that he had no estate of any kind, having made an assignment of all his property on the 13th October, 1808, when he was discharged under the insolvent acts by the common pleas of Philadelphia county.

Decided 1808-12-30

Per Curiam.

¶1There must be a statement in writing of his losses and the means whereby he became insolvent. A matter, so essentially connected with the discharge of an insolvent, is not to rest upon verbal explanation, of which no trace remains upon record. The court owe it to the public to prevent this statement from falling into disuse, or becoming a nominal ceremony. As to the circumstance' of the petitioner’s having no property, it has been held'to be within the spirit of the law; relief has often been afforded in similar cases.

¶2The written statement not having been usually exhibited heretofore, the court gave Baker until the next day to prepare and file it; but they said they would have it understood hereafter that xuriting was essential.

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