The Sun. — London, England, 1819-02-10 00:00:00

FOR THE SUN. INSOLVENT DEBTORS' ACT. ANALYSIS AND COMMENTARY. (Continued.) PRISONERS who shall suffer any person becom ing Bail or Surety, to be charged in respect of such Boil or Surety, shall not be discharged from any (161" or demand atisiiig on sitch .iaccount, without the ennset►t of the prison or persons entit:ed to such debt or demand. PRtsviNF.Rs charged in .exern inn far damages recovcred for Criminal Conversation, or Se:di:chart, t wool Fiolution of Fernales,, or for malicious Prosecution, or art y• malicious Injury, not to be dis charged, tiolesi with like conseut r or confined five years.. _ liASKßUPTS.—Prisoners who are 13011 k t -up!, and have not obt,,ined a Ceitincille of Unnfi - hrEnity did!, htfowed, are not culitled to discharge From Piny provvalde under the Commibsion, unless confined five years. FRAUDULENT ASSIGNII.LRNTS. - Alter stating Debtors may, witit a lieu) to dffrOd sell,- transfer, convey, - at , sigli their estate lind effects, or sane pari thrreol, but it Dairy he difficult to prove that such Sale or Trans ter, Conveyance or Assignorient, 'was made with trliridir!ent design, it is theft upon prof; or confession of such Sale, Transfcr, Conveyance, or A•siizoment, wilhout just cause, sorts the Cre dit'ors cannot have the benefit of the estate and effeers so disrosed of, every such Prisoner sit-di lose the headcjit of-the Act, tinfitss all the Creditas consent to the discharge of such Prisoner. GAMING —Prisoners who have lost in any nue day ditrine confinement 101., or 501. in the whole, ,at cards, dice, tables, 7ennts, bowls, billiards, or in any other game, or by stakes, wagers, or adventures, or betting, are not intitled to be discharged, unless tyPh such content, or confined five years. _ UNDUE PI2EFERENCP..—Any - prisout:!t who, with in five ce.ars previous to his application tor dis cliarge, has made any conreyance or assignment or rtli or iwy part of his estate or effects in tribc for the benefit of any particular creditoror cre ditors. with intent to gice an undue preference, and . to obtain his discharge from the demands of other creditors, shall hare nohemcfit under the Act, rin'. less the benefit of such conveyance or assignment shali be first relinquisbed,by the pet sun t o whom it eras made ; and the estate and effects shall be conveyed and delivered to such person as the C.tirt shall direct for the benefit of all the cre ditors of such - prisoner. Cr unless all the rue ditoes against whom the discharge be sought shall consent thereto. With tclerenee to this and tither clauses of e,x emption, whieh operate to:d n etain the prihoer, unit'sAM. or p articular creditors consent to the disrlyArge, I could humbly suggest chat a consent on the pit of a Majority would be more conso nant .to the views of a faithful and, prompt sttr tender. OF TAKING THE BENEFIT MORE THAN ONCE. — No re, soot who has taken the benefit of auy'far•- suer lusolvent Act within five years, to have the benefit of the present Act, unless from special cir ckmistances the Court shall think it just and reit suitable that the prisoner should be again rlis chargetl. And further, no person, shall again be entitled to the benefit of the presen(Act who has, been discharged by it within five years; unless three-46131(U in number and value of the creditors shall assent thereto, or unless it shall appear, to the satisfaction of the Court, that such person has .since the former discharge, endeavoured by fruga lity and industry to pay all. demauns upon him, and has incurred no unnecessary expellee, and that the debts incurred have been necessary for the maintenance, of such person or his fatuity, or that the insolvency of such person has arisen , front mis fortune or from inability to acquire subsistence for himself and family, or from pt ior'debts or en gagements to which such (Omer discharge-did not extend. The Legislatw•e, in making this• provi sion,- has been equally attentive to misfortune and vigilant to misconduct. CROWN DEBToES.—No prisoner can be dis charged by this Act with respect Co any debt or penalty at the snit of the Crown, or for any of tence committed against any Act of Pailiament icialiee . 10 "atoms, excise, stamp, or salt dillies, or au' branch of the public revenue, or at the suit of ,Sheriff or other public Officer, upon any bail bohd entered into for the appearance of any per sou prosecuted for such duties, or any branch of revenue, unless three of the Lords Commissioners of his Males' y's Treasury shalt certify their consent to such discharge. The protection of public revenue is a most im portant part of the public polity, and offenders of the description last alluded to would assuredly increase, if they could, ordinary Debtors, be released on the telms prescribed in ordinary lases. The (discretion seems therefore well vested in the officers of the Crown, who are not found wanting In Mercy whe'u the case seems to merit its ex tensioth FOP.EIGNERS.—No person being the natural born subject of another country can have the be nefit of the Act, except under such circumitances, and on such teints and conditions, as the Court shall think fit and reasonable. This Clause has been found highly beneficial in protecting his Majesty's subjects_ against the arci tices of Foreigners, which had been practised, and 100 ill-trendy prevailed heretofore ; and against which there was no salutary and effective pro vision under any former Insolvent Act. But the peculiar circumstances of the case, where misfor tune is manifest, and there is no semblance of fraud or deception, will always weigh with the Court in favour of hberty. If imposition has been practised, the exemption ought to via.t the impstor. OBJEcirioNs TO MI,CoNDVCT.—As a restraint upon the exercise of viodictive feeling on the part Or Creditors, and to enable the Debtor fully to Meet objections which might be advanced against Icy; Oahu to liberty, it is wisely and humanely prodded, that it any objection is made to the dis charge of the prisoner, the Cowl is authorised to require such objections to be stated in so that the prisoner may be fully apprised there- of; timi in ori!er to answer the sn►rne, the Court shall allow him sufficient time for such ptavoie.._ Considering the heavy penalties which' await the prisoner upon any objection established against hint, 'this is indeed a merciful provision, and the Court in its equitable jurisdiction has iii all cases of doubtful evidence inclined to the side of liberty rattier than to, a rigid enforcement of the penal clauses, which, in subjecting the Debtor to a pro ir_acted imprisonment, at the instance of, one Cre ditor, must have a tendency to iniore the aggre gate body, by retarding the distribution of the Debtor's means; although it must he admitted that, from the negligence of claimants, some Debtors have been - released froni custody, who, under, the clauses of exemption, might have been more properly coerced of their liberty. It i s tor' her provided that, in cases of objection to. the Piisoner's discharge, if it shall appear to the Court, that any misconduct attributed to hint, although strictly within the intent and meaning of the li e f, w a s nevertheless a! lend e d with stick cit.- cumqtances, or :be injury t hereby was to so si-Jall nn 14111(MIlt .chat it rtray not be fit the Prisoner 'should be &privet! of the benefit of the Act, it is lawful fur the Coott to discharge him,nottvith soni,ding 'such miscontluet, either in the satite tbaniter as it no objection had been made, or on sorb further terms and conditions as to the Court shall i:ppear reasonable, in consequence Of 'slick miscondltrje . . . if tl~e pcisoner is of unsound mind, a provision is made for giv::cig him also the full benctit of the And ultimately, as a more efficient guard over tights, and for the prevention of wirings, it is further provided, that in case it ,shall appear to the satistaw ion of the Conti, that any debt contracted by a Nrisomer seeking his discharge under the Act, was contracted under any' fraudulent Circumstances, not specially provided for by this Act, it shall be laWtril tor the Court to except such debt from the discharge of such Prisoner, either absolutely, or upon such terms and conditions 'ls the Conit shall think proper : and if he is in custody for such debt, he Court is authorized to remand Temple. [To be continued. • PARLIAMENTARY PAPERS. RANK •OF ENGLAND. Several important Papers connected with the Bank of England have been laid before Vat!la ment, of which the following are abstracts : An Account of the Total Amount of Bank Notes and Bank Post Bills in circulation, front the 30th of December, 1817, to the 25th of January, 1919, Bank Notes of si. and upwards ... L.18,668,660 Bank' Post Bills Dank Notes umicr 51. Total, 19th of January, 1819 BALANCES. From the second paper it appeals, that on the 15th of De cember, 1818, there were in the hands of tile_Banli balances of Customs to the amount of 86,5931.. 'of Excise to the• amount of 5,8341., and of Stat Ops to the amount of 28,2161. The total amount in their hands from the above sources of Revenue, from the let of January to the 15th of December inclusive, was 10,590,9181. and the average in ,their hands, on the Ist and 15th days of each nmnth in the year, is 453,7881. The 'Total' from the Postmaster-dencral's Account was 652,9291. Average 27,20:4. Total from the different Departments of Government, in cluding the balances of the Accountant General of the Court of Chancery; 34,984,304. Average 1057,6791. Total of all public balances not specified in the preceding 457,6221. No average is given. Of balances from unclaimed Dividends, including Lottery Prizes, there rcontined in the hands of the Bank on the lath of December, 1818, 141,5071.; total of the above for the year, 1800:3,8611. Average. 766,9521. The 'amoiint of Sovereigns issued to the latest periiid to which the account could be made up, is 3,799,869; Half- Sovereigns, 1,410,390. FORGIMIES. The number of forged ❑otes which were detected by the Bank of E►nglanti, from the 101 h of April, 1813, to the 28th . of January, 1819, is 23,101. Of these 21,562 were of ll.; of 21. there were 670; of 101. there were 77; of 131. none; of 231. there were 19 ; and of notes above 201. there was but one forged note. The aggregate amount of Guineas,-Half Guineas, and Seven Shilling Pieces issued front the Bank of England, from the sth of January, 1816, to the latest period to 'which the same can be made ul►, was 701,419 i. 19s. The total number of Guineas, Half Guineas, anti Seven Shilling Pieces, cannot be ascertained. LONDON JOURNALS. FROM THE MORNING PAPERS OF THIS DAY. [The Times] Letters from Lisbon announce, that a'privateer, of 20 guns, was off the coast of Portugal, sup posed to be one of those ‘vhich have infested that coast. The only British, ship of war in the Tagus was the Leven frigate, which had arrived there from Portsmouth, with dispatches for Mr. Ward, the Charge-des-Atfaires. The arrival of Lord BereSford at Lis b on, in the - Lids/ trigate, vas anxiously ilooked for. The gallant General sailed a'lew days since from Portsmouth, ticcOM panied by the Duke of Bucclench. - • Advices have been received from Lima, by the way of Cadiz, up to the 30th of September, which state, that the expedition embarked front Cadiz in May lost, with the exception of the Tri, nidart transport, which mutinied, and pit into linenos-Ayreo, arrived safe and in good condition at Litna on the 22d of September.—(lbid ) [Morning „ NA' EST,iINSTER ELECTION.—It 14 Seth ii;at Ma jor Cartwright will Certainly he proposed in op position to Mr. Hobhouse. [Morning Herald.] Coy RT-A 1 Court-Martial nn Lien tenant Col. Flay resumed its Sittings yesterday, when he entered on his defence, in'an energetic and indignant speech of nearly too hours. He then proceeded to call his witnesses, and the Court were occupied nearly the rest of tie day' in the examination of the master tailor of the re giment. Lieut. French, of the same regiment, was next examined. It is expected that Colonel Hay will not have concluded his defence before this afternoon, •at soonest , and 'then Col. Murray will he heard in reply ; sn that it is highly'pro bable the trial will n ot fi o i,b b e f ore prid,y. P()fl THE SUN. POOR LAWS, must be fresh in the memory of most of your Readers, that (krill:: the last Ses sion otVarliament an alteration in the Poor Laws was art-Owed, and 'tfiat operations were 54) ra .,olly carried on, alul litll6noticecljty the Public, that a BO! adveise to the opinions of the twijor;ty of the nation had well nigh passed into a Law.— It is to be hoped that the combined talents and industry of the Committee now about to be ap pointed will produce some plan less exceptionable than that alluded to; bui in the mean time let me earnestly call upon the, country at large to keep a watchful eye upon their proceedings. In the present stage of the business, it would be sonic , thing worse than superfluous Were I 'to introduce any - arguments either pro or con; and I shall, Therefore, content myself with pointing nut the subject, hoping that all the Parishes in the King dom will provide themselves; as early a's possible, with a copy of the 3ill, and ins - antiv call a Ves try to examine its bearings, and to fulfil their dory to themselves and their country, by discussing its merits, and afterwards 'acting with al.icrity, either' in opposing or favouring it, as they shall, upon deliberate and !nature consideration, deem proper and expedient. Hertford. A. B. THEA-TRICAL REGISTER. - Perlin-rued Last - Night. • TUEATRE ROYAL, DRU RY-LANE.—King Richard the Third : Duke of Gloucester. Mr. Kean : Lady Anne, Miss , Boyce. Atter which, The Silver Arrow Tfl PATH E ROYAL, COVENT-GA RDEN.--Rob Roy Macgregor : Francis Oshaldistone, Mr. Durnset ; Diana trcrmon, Miss -Stephens. After which, ► , larleuuiu Munchausen.- TO COIMEtiPpINDENTS. A DREAM, Tomorrow.—We feel much' regret at the neces sity of postponing the Favours of many of our valuable Correspondents. iuodera Patriotic Orators are great draw backs upon the miscellaneous character of Newspapers, and oblige us rather to set our Readers to sleep by hack neyed declamation, than to enliven them with amusing novelty.. • PRICE OF STOCKS THIS DAY AT TWEI,yy. tichficK. 3 per Cent. Red...... 741 77 !Bank Long Ann. 2(4 3-I6ths 3 per Cent. C0n5...... 76/iii India Stock , . V 261-, 34 per Cent • 81;A India Bonds 775. 795. pr. 4 per Ciltits 5 per, Ccnt. Navy Ann. lOs± a t ' Coos. for Account... 77 71. iii MAILS. ARRIVEIt—) Waterton!, 2 Harnhurgh. Du —i Sweden, 1 lloiland. HIGH WATER AT LONDON BRIDGE TO•NIORROW. Morning, 8 minutes after .. f Evening, 33 minutes after 10. THE SUN. lOLE'I QUI% PICERE FALSUM AUDCAT ? LON DONI, WEDNESDAY, FEBRU.,iitY 10, 1819. We received this morning the Paris Papers of Sunday last. The following are extracts :-- " PARIS, FEB. 7.—The King •yesterday re ceived the Neapolitan Ambassador, and ,after wards transacted business with the Marquis Des- solles. Tbe Chamber of Deputies is to have a pt►blic sitting to-morrow. M. de Cintr44 Prefect of Finivere, is ap pointed Prefect of la Dordogne , and is to be sn Finistere by M. c ceeded in the Pre fecture of An gelier, Suh-Prefect of LibOurne. Several Sub- Prefects have been changed. tVe learn from Vienna, that a Russian Courier had proceeded to Italy to recd to St. Petersburgh t h e Count Capo d'lstria, Minister Secretary State of Russia, as soon as the state of his health permits it. FIVE PER CENTS. Saturday 7Ol. 85c. DEFERRED ST(CK. Of the 22d March, 1817, B4 f. 60c. 22d Sept. 1817, 821. 60c. 22d March, 1818, ROL 60c. 22d Srpt. 1819, 76 1. 40c. " ST. PETERSBLIR6I-1, JAR. 12.—Since the foundation of St. Petersburgh there hiis'never been a season like the present, when the ground is destitute of snow, and the fields preserve soine traces of verdure. " MADR ID, JAN. 26.-A,Royal Order, dated the 14th instant, communicated to the Minister for Foreign' Affairs, declares, that all Foreign Ad venturers taken with arms in their hands, in our possessiohs beyond sra, under the banners %of the Imsurgents, or who shall have furnished them with munitions of war, sl►all be condemned , to death, and all the property which they po , ”ss within the territories of his Majesty shall be con fiscated ; this punishment being twat which is applicab!e by the laws to that clescril►tion of cri minals who have not been included in the Am nesties granted by his Majesty.' " It was not till the 234 inst. that the King learnt by a Courier Extraordinary the death el his a►►l;ust Mot!ier at !Lome. A mourning is or tiered for six months. " Thirteen individuals implicated in the of ViAlcncia were . s!,ot in 'that ci , y on the. 21st instant. 'l'l.,e greatest traovillitY re ~. there. . Diet FRAtcr.ronT, F,EB . I,T rIl he GelatllC .-- n. have PEOViSloll , illy constituted the Military i?lis atittee, hut the Ministers, with referen ce t° 'r subjects are to rektrire instructions lrotllll ~ -. : • ' '' Govertnitenk l / 4 " 1 , A • t i e n i i i ruts THE FUNDS.—The Funds continue to fal" I s e yesterday l sales they commenced at 74; the ?dallier appea rs e ri ceedingly heavy at 'that price; and there so n o t !: t S ,r t: ( e ), l , : n li t o:;rly take place. Cons,a, The Cornmissio!'lly scarcely any pot chasers. gave 77 for reduced; and were served genre by the Jobbers. Lo tt 'rite following declaration of the CtrANCI4" d of the Elict-1 E,Q.V6R on Monday last, in th e 14°6' e; of Commons, which we repeat with'great Pl e4“ .,c s , seems to have off...mica the'Mong_ rel Opposiliow 4 76 t , and this moral!): but must be highly gratifying to every LI" friel Of the Country - - - ,A 1 04 A He would not hesitate to say that if any indit"lealt• l b ie ( „ n n t .. old,m 1792, before the tar Cowan:need, that do:abtt leaveie of tin 0,000,000!., and ttklt, i s o : 1 ) 1 1' 1 of the third year of peace, there shO'uld a sO"',,rri i 1 i i i , c4 . ,0 d 00,.0001. in the revenhe, that individual would b u d o .,l 01; tor . an . swer, it is beyond all hope, it is boosej, credibility, it is a fnir y prospect that can never be rt ~ b t ;t This statement is termed " a fairy visi °ll; sti r' as there is actually and•dentonsirablV s" ell „as plus in the Revenne, under the circuit:lsoooe stated, why may we not infer that the I ' l° l l be will progressively improve, and that we ' II3I able to liquidate the pressure of Taxati°"' a I due time enjoy all the blessings of tout l dot' which ourßulers have so gloriously ac(i'lire; all Europe, as well as for the British Effl r P ie • As we are - nnwilling to l oa d D err' t a p er are the miserable trash of the Radical B 6 l . °" fiers ; e st have taken from a M orn i ng Paper the 511 1 (1 ;at .actount of' the Jacobin fleeting held yo ter" f a 'gr• the Crown and Anchor Tavern, in soltP" I t i a tr' •Elonnouss, as Candidate for the Rep •of Westuritater. We are sorry to 6 " FRANCISI3URDP,TT was in the Chair, as lie tier sesses fortune and talents that i ni4ht be : 3l 4 employed. The whole gang of Revolitt;°'..cied. Orators were present, and as they a re .61 .1 0 d, into iiarties, much abuse of each other Pt it' among them. Mr. Hosuouss delivered: a s p eeC I : of the slang language, best fitted for his audietrce, alluding to what he styled th e r i „ ' tral Squad," in " that which was palled the ;mons House of Parliament." \Ye see tb c ' e : l° ht ," foot of Jacobinisinin the tatter expression , ,d 'lC . - 11 ,e ,the.e.l4arlctCge, minds nit, of Sir F. I.llJapaTT's a ll os i o; -, to !lie place, as " the room over the tro y s in a strain of cgoti sm, sai.i, t h the Eile ct°r co uld judge of his " conduct," for the igst O 3 re' mouths. They can indeed—dcarocratical and gross abuse of ourßulers, in public-house s,lJrl' the chief recommendation of this Ca,:didate f,,r seat st if e a r. P N tia ‘ Ti it ie 1 1 1 1, l lt' as u i tento llepr entering n aithttita.rivile G toi fl:iPesr:: : c it ee d ( i i s i l g a s ye o t f l g the iVi ro ce ss t :neonatal ing it nlay b e e n C a y: r a i l: 7 ( ls:E g(11111:131° tilde. Whatever maybe said o f M a jor C n arkv Blc;l : fi lt ' i it who is certai n ly a Inu of talents, however his ' ll- c may have been warped by Party, he deserves a t : thesupport of tho s e who h ave hitherto acte d c i sP , ' s and by whom he has been lon. , held I°rt: :oke a model of patriotie wisdom and virtue. I/ ut air ir, t the 'y have added 10 the infamy attacked 'character by deserting bite in order to bri n g I lve ward an tinnier) young man (several Of then') P r so been tried and luckily escaped), who IS h ardlY t i . all known to them, except that be is said (•,`;(...ii the author of a %oil( pregnant with J ilci ' bi‘ principles, and who has no pretensions tt) favour of the Electors in general, but ' bat 3‘ from hackneyed professions, virulont att acks „,c, Government,and. violent dernocratical l int, pe' Sir PRANCIS BURDETT is ut the head of II)e ,or e !erring Squad, to borrow a word from t he el l ; -1( 1 vocabulai yof Mr. Iloßrrousta, and well 1110 Y (II I t ; ' Major accuse the Baronet of having treate with inconsistency, ingratitude, and inju stic :llo ELEoTons, look to the contemptible he ld 40 0 assembled yesterday . , an d re fl ec t on the dis ' r e' if your ft j,,co , which nktk must atte y our City, sentative should be the Representative of o f binical Miscreants, the lowest inha bit o li f't ait r the second City t h e wor ld, t h e residenCe ' ir e, Monarch and, of the chief Nobil:ty o f the t'l/1:0,,i' and bring fopyard one more %%tor:by of be illg Y ert s' Parliamentary Delegate. Do not blame (3°l mint for not I es'cning your City. It s fritf eea c)ll : it honour, its tiignii y, depend on yourselve s, an'rece' not• too late for you to rouse from y our 'Us?' one ful lethargy, and to make choice o f a ReP res ' e lis t in tire worthy of being admitted to a 9e— sibicv august nod dignified Leg siative Assembly, cannot be paralleled in any Other Couri rr Y" s oT r:S : i i' We cannot too often call upon our ft upp ll TANT BRETHREN, anti More particular.; -10 • ' d Authorized Members of Otir I;CClOias!le.'s i • of °a S :0 I),, i th 44,