Carney, James

„Tis a true Saying” - He brought nothing into /
this world, and we shall carry nothing hence /
- Bishop Burnett sailed from England to /
the Cape of Good Hope in {the} 1820 on board the /
Ocean transport. we lay to at the Island of /
Palma. where with others of the pas+sengers /
he went on shore. He borrowed Money of M\r/ Dixon /
to purchase Wine 7+ other Stores. and was unable to /
repay the same until after our arrival in Table /
Bay when He went on Shore and after a few Days /
Returned in order to relieve his personal Clothing /
which was held in trust by Cap\n/ Davis for his Cabin /
accomodation, likewise his washer woman M\rs/ Daniels /
expres+sed great uneasines+s, previous to his going on Shore /
his Clothing was all he pos+sesed and that was not /
over abundant: - A Bill of Exchange given on his /
friend in England dicharged the above, and likewise /
purchased some furniture 7+ in Cape town for his /
future comfort. in about two moths after he /
reached the frontier where he obtained an extensive /
grant of land; and Rented a farm of M\r/ Rob\t/ Hart /
the rent of which he has as yet forgot to pay /
he soon got a stock of cattle 7+c on Credit which /
continues to the present time on the Same. He soon /
contracted Debts with numerous individuals which /
still remain unpaid. as he had two ways of paying /
his Debts consiquntly some of his creditors were more /
fortunate than others. the first was to /
barter away to the one what he had obtained {of} /
on Credit of the other, the Second was to Gros+sly /
insult them on /him\ applying for payment and then /
threaten to put them in the tronk for insulting /
a Gentleman. Unfortunate for me I sailed in the /
same ship with him and by the end of the year /
1820 he favoured me with orders which executed to /
the amount of 400 RDs and upwards. and with /
the exception of A Horse value 90. RDs I never /
obtained any part in payment thereof. in the end /
of Jan\y/ 1822 I ecserted on him for payment according/
Promise, he not having any money proposed to me /
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to take some Stores as I had comenced building at /
Bathurst that they would be as usefull as money, /
to which I readily agreed the stores viz. Bin Sugar /
wine 7+ cape Brandy we agreed on as to price and /
I was anxious to see then but he Said that they /
were up the farm house at Some distance from /
the pig\e/on house in which he then lived {but that} /
7+ he was at the time Bus+sy but pledged his Honour /
that they should be given to my order as soon as I /
wuld Send a Conveyence for them I Returned to /
Bathurst 7+ Sent M\r/ Gu\n/ns waggon expres+sly /
for them it Returned empty with the exeption /
of a note Stating that M\r/ Burnet was not at home /
that he had been disapointed 7+ on his return would /
not fail to inform me more particularly, it was /
a Disapointment /to me\ for I paid 18 RDs 6 Sh for Postage /
of my letter. I summonsed him next before the /
court of Heemraaden in order to recover the amount /
of My Claim the first and Second Summonses he /
did not attend to, but Mended on the third and /
openly set the count at defiance as the Sum was /
above their limits but Cap\n/ Somerset then /
Deputy Landrost informed him that he as a magis=trate /
could act to the amount of 300 Rix when /
he B.B. acknowledged the Bill Correct 7+ promised /
payment in one Month at the expiration of which /
I attended but he was not prepared with any part there=of /
the Landdrost there informed him at my request /
that he would proceed against him; when we both /
left the court Some time after Bishop Burnet /
returned again and informed the Landrost that /
he had arranged the matter with me 7+ informed /
him to Stop farther proceeding it was some time /
before I was informed of this gros+s falsehood 7+ /
consequently had to request his attendance again when /
he apeared and Stated his inability to pay at that /
time, that his rescourses depended entirely on a /
Familly in London and that he might have permittion /
Soon and the Landrost out of compas+sion asked me to /
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Delay it a little longer. the Landdrost left the /
frontier soon after and the Bus+sines+ Lay over untill/
the Court of Circuit Sat at Bathurst in Octbr 1821 /
when I obtaind asertion against him B. B. for /
the amount with costs soon after he was calld on /
to comply with the different sentences given against /
him at the Above mentiond Court of Circuit when he /
made oath before the Landrost of Albany, that he /
had made over and as+signed all his property viz._ /
Stock. furniture Grant of land 7+ Eff at Bathurst 7+c /
to Mes+s\[rs]/ Ebden 7+ Eaton Merchants of Cape town and /
that he held a power of attorney to act here as their /
agent under this protection he fraudulently made /
away with almost all the poses+sed his Grant of Land /
and Eff at Bathurst excepted. he was inserted in the /
Cape Gazeetas insolvent. and what was more curious /
his having debts to a large amount. and no property /
yet he still declared that he was not insolvant /
an investigation was made to try the value of the /
Asignment given to Mes+s\[rs]\ Ebden 7+ Eaton whin /
it apeared that they were only Creditors in common /
with the others and at the Circuit court held at /
Grahams town in Nov 1824, it apeared that he /
being a fraud that Justice would overtake him, had /
given up his power of Attorney to Ebden 7+ Eaton and /
one was Pas+sed {to} to Cap\n/ Campbell if it notwith=Standing /
he continued to Defraud his creditors _ /
I handed his Sentence given in /
favour of me, over to the Sequestrators agent on /
20\th/ March 1822 7+ took out the requested executions /
for recovery of the same which he promised to do /
But did not perform. Such compas+sion shewn B. B. /
became very oppres+sive to his creditors. and the want /
of him and money only prevented me from entering /
an action against the Sequestrator for not having /
acted as the law directs in such cases. /
notwithstanding this turbulant man who endevoured /
to Set at Defiance every Civil authority in this /
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Colony Complains of their oppres+sion if I mistake /
not had he been guilty of the Same acts in England /
her Laws would have required the last satisfaction /
he is capable of making and I hope (should any /
gratuity be given him) that it will be appropeatied /
to the purposes of liquidating his Debts in this /
Colony /
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Ja\s/ Carney /
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