ver knew a commission make more of an
estate, where the debtor has been honest, than he (the debtor) proposed
to give them without it.
It is true, there are cases where the issuing out a commission may be
absolutely necessary. For example--
1. Where the debtor is evidently knavish, and discovers himself to be
so, by endeavours to carry off his effects, or alter the property of the
estate, confessing judgments, or any the usual ways of fraud, which in
such cases are ordinarily practised. Or--
2. Where some creditors, by such judgments, or by attachments of debts,
goods delivered, effects made over, or any other way, have gotten some
of the estate into their hands, or securities belonging to it, whereby
they are in a better state, as to payment, than the rest. Or--
3. Where some people are brought in as creditors, whose debts there is
reason to believe are not real, but who place themselves in the room of
creditors, in order to receive a dividend for the use of the bankrupt,
or some of his family.
In these, and such like cases, a commission is inevitable, and must be
taken out; nor does the man merit to be regarded upon the foot of what I
call compassion and commiseration at all, but ought to be treated like a
_rapparee_,[25] or plunderer, who breaks with a design to make himself
whole by the composition; and as many did formerly, who were beggars
when they broke, be made rich by the breach. It was to provide against
such harpies as these that the act of Parliament was made; and the only
remedy against them is a commission, in which the best thing they can do
for their creditors is to come in and be examined, give in a false
account upon oath, be discovered, convicted of it, and sent to the
gallows, as they deserve.
But I am speaking of honest men, the reverse of such thieves as these,
who being brought into distress by the ordinary calamities of trade, are
willing to do the utmost to satisfy their creditors. When such as these
break in the tradesman's debt, let him consider seriously my advice, and
he shall find--I might say, he shall _always_ find, but I do affirm, he
shall _generally_ find--the first offer the best, and that he will never
lose by accepting it. To refuse it is but pushing the debtor to
extremities, and running out some of the effects to secure the rest.
First, as to collecting in the debts. Supposing the man is honest, and
they can trust him, it is evident no man can make so much of them a
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