Duncan
Quickly - I have to go and cook. Yes it is a civil case. Civil law
is actually split into two: law and equity. There are strict legal
principles and there's also a body of common law which works towards
doing the right thing. You might have come across the term 'Equity
varies with the length of the Chancellor's foot'.
Chancery, you actually still see the distinction today in the High
Court (it has three divisions - Family, Chancery and Queen's Bench).
The Master of the Rolls is now the second highest judge in the UK (the
Lord Chief Justice being the highest, the post of Lord Chancellor is
no longer head of the judiciary).
Fraud became a crime under the FA 2006:
http://www.legislation.gov.uk/ukpga/2006/35/contents Obviously too
early for you!
Fraud otherwise was established in common law (case law), and prior to
the FA2006, certain frauds being offences (there were very specific
statutory powers for this and likely to have been after your case).
Civil law back then, you could e.g. be put into prison for non payment
of debt. E.g. this is a relative of mine:
"INSOLVENCY. - Hugh Theophilus was brought up in the custody of the
Gaoler of Carnarvon gaol on his petition to be discharged. He was
opposed by my Mr. Fidler, agent to Messrs. Mercer and Evans, Coal
Merchants, of Liverpool. He was defended by Mr. Llewelyn Turner. In
the course of examination it was proved, that the insolvent had by
fraudulent means, obtained from Messrs. Mercer and Evans the sum for
which he was imprisoned. The item also was not inserted in the
schedule - 15l. His Honour thought the insolvent was entitled to have
the schedule amendment, but, as there was a judgment against him, for
fraudalently contracting the debt, he felt bound to commit him for
twelve months from the date of the visiting order. To be discharged
from his other debts." (The Carnarvon and Denbigh Herald and North
and South Wales Independent, 24 November 1860, Page 5).
Without reading the judgment in full - it is difficult for me to
comment further.
You might want to check out the London Gazette:
http://www.london-gazette.co.uk/ The OCD can be a bit hit and miss
but put your surname in there and see where it gets you.
I have to go and cook now, so I have to leave this e mail here.
Alison
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