The National Register. — London, England, 1811-03-03 00:00:00

THE NATIONAL REGISTER. 140 LORD REDESDALE'S INSOLVENt - DEBTORS' BILL. • •• TO TUE EDITOR. Sin,—Permit me through the medium of your widely circu lated and esteemed paper, to submit some observations on one of the clauses of Lord Redclesdale's Insolvent Debtor's Bill, to the consideration door Legi.dators, before the second reading of the Bill takes place. The benevolent intentions of its noble author deserve the highest praise, and should it pass, the spirit of strict impends/ justice which pervades the whole, must fill both the Creditor whose loss of property it renders inomentaay, and the Debtor whose precious liberty it redeems, with the most gratitude. Perfection, however, cannot he found on earth, and even where no great error can be pointed out, improvements may be made. Among the'clauses of the Bill there is One di recting that as soon as a Debtor wishes to avail himself of the provisions of the Act, he !oleo: serve every one of his Creditors, not only with a melee of intention, hut with copies °fins peti tion, schedule, and affidavits certifying the state of his property, the number of his Creditors and the nature of his debts, with ether explanatory particulars, in order to enable each of them so appear in Court at the time his application is made, and on fair grounds either to oppose or agree to his liberation. The propriety of this measure cannot be called into question. It is necessary that every Creditor should by his assent sanction the proceediugs of the Court, and there is no doubt but his assent cut only be obtained by a full disclosure of every particular on the part of the imprisoned Debtor. But the mode in which the clause directs this disclosure should be made appears to me very objectionable. The Act provides in one of its first stipulations, that a Debtor must swear that since his confinement he has, at no time, been possessed of the means of paying his debt, or ehe he is to he deemed entitled to no relief; yet this clause would compel him when he intends to ask far that very relief, to incur law expeuces,which, in many cases, might surpass the sum for the zon-payment of which he is confined. Would not this be a Dgost effective, though not a nominal prohibition, defeating the very intent of the Act, and reducing the disappointed Debtor to a worse state than Tantalus? Would not the want of money digit his hands whilst liberty appeared within his reach ? If it be asked in what those law expellees would consist ? Let it be remembered. that the drawing up of affidavits, and the attend ance of Altorrneis necessary for that purpose would amount to a e.qnsiderable sum, were even only one copy to be made : but when ;3 many affidavits must be taken and as many copies of petitions and schedules written and served as there are credi tors, In no case, could the law expences be moderate. Yet this would only be the first preparatory step'e_a step which the clause as it now stands would render so indispethably necessary, that no hope of regaining his liberty could be entertained by the unfortunate Debtor unless he should be able to comply with the stipulation. This is an imperfection in the proposed Bill which might easily be removed. Instead of compelling a Debtor to waste that money, which might he better applied to his support or the payment of his debts ; in serving each of his Creditors with copies of his petition, schedule, and affidavits, why might not their insertion in the London Gazette, either once, or a cer ta7o number of times before his application to the " Court for relief of insolvent Debtors" he made a sufficient warning to his ereditors. The'A ct declares that "as soon as its appointment shall Lave been minified in the London Gazette, the Court for the relief of insolvent Debtors shall be deemed to be fully constituted and established." Utile legal Constitution of a Court be fully established by the mere publication of its appointment in the London Gazette, why should not the paper on the pages of which the records of bankruptcy and of Commercial ruin are keps also become the organ through which reduced and unfor - Onate Debtors should call for re ref ? might !Len appeal to the mercy of tbeir Creditors and lay every necess.:ry infor mation before them at a most trifling expence, and stithout any loss of time. It would be in vain to urge that Creditors would not look to the Gazette for such, intelligence, for were it mule by Act of Parliament the channel through which alone that in telligdUceshould officially be conveyed, every creditor's eye would be fired on its pages with a degree of attention equal to the magnitude of the sum which his neglect might cause him to lose. ' I trust that these hints sown in the minds of our Legislators, and enriched by the fertility of the soil, may.produce sorne im provement in this particular clause of a Bill calculated to do so much good to two numerous classes of society, those, of Debtors and Creditors. Should you deem them worthy of a place in your pages, I shall probably trouble ynu next week with some observations on another part of this Bill Your Constant Reader, lam 4s • P. D. COLVILLE. =• ti ' Mr. DUNDAS, the Chairman of the Select Committee, ap. pointed to enquire into the cause of the imprlsonm.ent of Colville, a foreigner, now confined in the House of Correction, Coldbath fields, presented the Report of the Committee to the House of Commons on Friday, which was read by the Clerk. The R. port stated, that the Committee were of opinion that sufficient cause existed to authorize the confinement of Colville; he suf.. fered no ieconvetsience to which persons in a similar situation were not subjected ; and that it appeared, on examining the Prison, that it was not well calculated for the confinement of i• man, who, from the nature of his offence, should be prevented from any communication with others. Lord Folkstone observed. that the Report was ordered to be laid on the table, and printed. Vee arc happy to find that Lord Folkstone has brought this bu siness before the House of Commons, as it shews, that however undeserving any individual may be of commisseration, yet, in . this country, no Mall will be permitted to be imprisoned without enquiry--and the calls of humanity and justice equally prevail, with respect to a destitute foreigner as a British subject. We understlnd, that the Report states, that the individual in question attempted, in the first 'instance, to deceive Lord G. Stuart (then in command of the Briti,h squadron off Cuxhaven) with a false account of the strength and position of the French force, with a view to entrap him into an attack that must have been destruNiv. cf our brave fellows. Lord G. Stuart, howe ver, had previous information of a more accurate nature, and avoided the snare thus laid for him. Some time afterwards a • British Resident communicated to Lord G. Stuart, an order • signed by Lord Liverpool for the apprehension of Colville, and in consequence a Midshipman and a beat's crew were sent asho: eby Iris Lordship, who seized Colville at a Table D'Hotel FASHIONS FOR MARCH. No. I.—EVENING FULL DRESS.—A gown of plain white India muslin, made loose in the neck, with long sleeves, and. short train trimmed with a fancy border of stamped leaves in satin. A white satin cap, ornamented with crimson or morone coloured flossed silk trimming. A short Persian scarf of nio rone-coloured silk, with rich border and tassels, is fanciful►y worn over the shoulders. Amber necklace and ear-rings. Hair in full curls, divided rather towards the left side. Gloves and shoes of white or morone kid. No. 2.--N!ORNING CARRIAGE DRESS.—A bias corded muslin dress, a walking length, with long sleeves, wade high in the neck, with collar; buttoned down the front ci the waist with narrow lilac satin ribbon. Sash tied in a bow in front ; a bor— der of plain muslin or lace round the bottom. A squire of lilac satin, with richly embroidered border in white silk, and tasels to correspond, is thrown over the shipilders in the form of a shawl, and is cut down the back to give it a more easy anal graceful appearance about the figure. A simple white chip 1-;:t, . tied round the crown in a bow in front of lilac satin ribbon. — The hair 'hi full curls over the f'o Pearl tar-ruins. — Gloves and shoes of pale lemon, or lilac-coloured kid. The mourning for the late Priocess Amelia expired on the 11th of last month, but though not general, the Court continued it in a slight degree for the deceased Q ueen o f F rance. S a bl es are at length, however, entirely laid aside, and notwithstanding the season of Lent is not usually distinguished by much of variety, gloom seems to have subsided, And gaiety fashion. fast entcring on Spring.