The Sun. — London, England, 1816-07-18 00:00:00

11 r,, „i -- ti, -. ..1...1-.1 Tilt SUN REV I EW. (N o .c,.(XXV.) XN IMPARTIAL EXAMINATION of the INSOLVENT DEPTORs' BILL w i t h SUGGESTIONS for its substan tial imprGvement : and for the removal of the gross Frauds *nil Ahoies practised under the existing Law. fly A. It. WarotAsms.—Sherwood, Neely, and Jones, Patelmoster row. price 50. • There are few point's of our internal policy more deserving of atentive investigation' than tint which is iliSeussed in the pamphlet before us, 'titan svhich eve 'contess see have not seen one more fairly and tempelvely written upon this import tint subject. After pursuing a history of the enactments and expedients Of the last 25 years, the Author comes .to the view of the existing state of the law and practice between Debtor and Creditor; and de fends Lord Redystille's Bill with, in nur opinion, uncoutra'vertilde argunWnts. From this topic he slides into ft more general commercial history of the enuntriri—invesig4tes, c(mcisely but ably, the sources of 'our increaSe of wealth, the causes of our temporary distresses, and the remedies which 1 " - :might be expected to restore or atignieet Cle for mer, aodot course terminate the latter. Through these details it is not our intention to follow Mr. Warrand, as his pamphlet is so im mediately within the reach of every class of Icadurs, but we proceed to the reselt of his en. 'quity, bearing directly upon the question which has occupied aml will again occupy the legisla ture, and which has so deeply interested every branch of trade in the Empire. One great meitsuve which be recommends for the benefit of the Creditor, is to assimilate the insolvent Debtors' Act to the Bankrupt Laws; so far as to procure a more satisfactory disclosure of the Insolvent's effects. At page 32 he says : " In order to compel a full disclosure of the pi•isoner's 1(1151)5, it might he advisable to 'Appoint four or five sets of Commissioners, vested with in,Wers similar to the Commissinners'of Bank-; rnpt. There should be two meetings under every Testate; the first tor the choice of assignees ; the second, atter the interval of tourteeie or one and twenty days, for the prisoner to pates his exami tation. The intermediate time between tile first and last meeting, would citable the assignees to ticrutinize mittmely into the affair' of the debtor; und to detect many impositietis which , now pass tnlm , ticed Irma the want of ineestigation : and woohl likewise most powertully operate as a pre vention, in malty instances where frauds are now practised with impunity. Under the present tystein, the prkoner gets discharged in the first • instance and the eXallnitation of hi, nfriirs by his assignees follows his release from debt. By the projected plats, he could not obtain his line ration, until lie had satisfactorily accouwed for his property, and ti c deficiency in his accounts: it ma \' ip reply be objected to the preceding suggestions; firstly, that the expellee of these lists of Comtnissioners would he a material oh ; and secondly, I hat the remedy is sutii cieutly Strong present to pettish frauds, and that consequeutly the appointment 'of Corninis isioncri is by no means imlispensibly requisite. it may be necessary to offer it few retualks on these points. I Wjth regard to 'the , expellee, it is manifest that the estates of Insolvent Debtors cannot afford to pity cotesiderable fees. This might be obviat ed, by allowing the Commissioners' it moderate salary from the public poise, and in addition but a trifling fee from the piisoner's estate. An al lOWatiee (MC htltidred potmds per annum es 11 salary, would, under the idea of there being five lists, each consisting of four persons, amount only to 2,0001. Beyond this a fee should be al lowed to the three Commissiotters acting at each inectiog, % sittlicient to afford some remuneration for their attendance, yet too hiconsiderable either to be,felt by the Creditors, or to encourage the unne cessary repetition of meetings. " It should he the duty of the Comnthisioners, niter invemigating the plisoner's affairs, either to tingle tlteir Report in cases of dillichlty to. the • Insolvent Debtors ' Court for decision ; or they might be vested with the full power to oct at all times without such authority, the present Court being merely in that ease constituted as a Court tit Appeal. " That the existing regulations have been framed with sefficient circumspection to protect the interest of the Creditor front the'trands of the Debtor connot he contended lor mu instant. The experience of the abuses practised under this net, c e e itty - dernowitrues the ticee , ity of a fetich more Vigorous system titan that hitherto pursued. It is iseahle that the Debtor should not he held i n prison lunger,than crate be avoided, as this will not ettab,e tiithl his engagements ; but in le leasing hint from coutinemeut, it is a mutter of right that every 01C8IIS shall be offorded to the Creditor, sto prevent either preferable payments, or any species of coucealMent. present Act is certainly not calculated to remove abuses of :ilk tieseription, however excellent the principle upon which it is founded ; and it will require much care to render it beneficial to all parties." at * 44' * * * it it * * * * And , again, page 37 . Tlie pouisltment for concealment, if detected tinder the Insolvent Debtorc Bill; is a temporary intpri3otintent ; whilst that imposed by the_ huils 'mitt Laws is death.: In the former case, the crime is the most easy of crentitission and difficult of detection, front the 'infrequency of the pri soner keepiug or giving up books, or at all events any of that description likely to few! to the deice lion of frand. Why then should not do: winish meta be the same in both cases ? Ido not, mean to contend, that the principle of taLii g away Life for ordinary oneness is defensible oat any { .~. INN!NININMOMOME gronna ; but that tlicre can be, 'to reason for dis tinguishing between the punishnient inflicted upder the two classes of law. Either in .: one ease it M is too mild, or in the other 'T) 'severe. They— shoUldhe etputlited, and protiably,this could not be 'clone bette'r, than by increasing the severityln the one instance, and diminishing it in the other. Solitary confinement in Penitentiary Ernuses might bee suitable punishment for both. ► " the Bankrupt Laws, all payments made to Creditors within two months of the is suing ot th't "cenntnisSion, are recoverable by ac tion at the suit of the Assignees. This prevents the perpetration - of many fraud:, which would otherwise aitogeth'er AY - Boris the Bankrupt's estate. " Under the Insolvent Bill . , there is no doubt that the Debtor in most cases saetifices his se maiming property, immediately before he surren ders to gaol., in contemplation of the approaching crisis in his affairs.. lie way pay those Creditors most likely to.assischim after his liberation, and place property and securities in the hands a others for imaginary debts." The Author then notices some minor cotssi iterations; and ri cite:nut:oils s'ariolls which we abstain from noticing, in order that we may insert at length the very able conclusion of the Pampltlet, which places 'the subject in a ge neral point ot view :---- " There should likewise lie a distinction drawn between the extravagant awl the unfortunate Debtor. This would essentially promote morali ty', check the abuses now practised, and remove every observation that cotild b . e int•ille against the principle of the law. It is necessary to restrAiii not merely the avaricious disposition of the Cre ditor, but the extravagant and unprincipled pro pensities of the Debtor. " The classes of people to whom this Act chiefly applies, are Clergymen, Aitornies, Alili rail a nd Naval Officers, Placeruen, Clerks, and people out of trade, whose incotees are not con tingent :—for debts contracted fur were articles of consumption, which they are unable to dis charge, from the extravagance of their expendi ture. All those connected with agricidture; musr, under the present deprcssioo,, tinquestionably be included ; but it is to be hoped, that their diffi culties are init temporary. " man-who know ingly lives beyond his ins, come contracts debts witlioat the weans or pros pect of discharging them, and consequently cam mils a most abominable fraud upon society. Jt is but equitable that there shotild be some pu nishmeot awarded for such an offence.* No Man ought to get credit by making a shear of wealth be does not possess, which enables him to enjoy superfluities beyond his real 'Means of paying for them. This is, morally speaking, as complete a specks of swindling as can be committed: Jr is obtainittg property under deceet hots appearances, which is as fraudulent as the strict legal offence of cortracring debts by•false .pretences, Can there be a doubt, but that the rights of public justice demand some putoshment iii these cases, to re stpiio others (rota committitig bitullar frauds ?-s -lt is hard that the individual whit is bossed down ! by the weight of oticontronlable vir.issitodes, awl whose insolvency arises altogether from misfor tune, should be classed with such wa n ton violate's of the eights of society. It is no, crime to be un fortunate, alit! distinction ought to be made between the. man who really is so, and him who • dishonestly contracts uniteeessary debts. No man certainly deserves his lie &ciliate liberation, unless be cats shiest himself to bp to fit object for the pro- . reetiem of the laivs and if his debts appear to have been contracted solely to support s:xuavas gance, theperiod of his imprisonment ought to be prolouged. ' Nor would it be a difficult task, to draw a Mie. its these cases,.betweeo the extravagatit and unfor tunate Debtor. lit eybarnining each individual, every reasonable allowance would be mathc for the ttailties and indisctetions incident to houllit 11A ture• f rbePoitiLA to HScertaiti, would. be the pro pable income of the prisoner, and the necessary rate of his expenditure. It is e% blew, tleit itt most CaseB Miller the hits ilvent Act, the. income could be easily ascertained ; which would tern out, in many itistateces, to be is fixed and certain one,— It would elienbe no difficult matter to decide op• Ott the ,pr o priety o f his annual expenditure ; which must be regulated by the extent of his family, the nature of his occupation or •bt i t i to business, i es j s c , i tt us ti t il fii s o t . : le. cli -further expenees as cao be s l i est These facts would be easily ascertained. They might in some instances require a diligent investi gation, but the result would be seldom involved in doubt. . " To trlix a punishment, of from one to five, years' imprisonment, proportioned to the enormity of the offence, and at the discretion of the . Com . upon those whose extravagance stamps them as fit objects to be held up to public shame,' would materially fertli,ltilit specks of dishonesty, which is altligether suhters cr o f the (61(01)6011 of credit t,;.lVeil by shopkeepers. If a man could show, th:o his income, although a settled one, was Madequate to his necessary expenditure tun the strictest at:ale, such it ease would not he railed one of extravagance but, in order to avoid the implitatiOit of dishonesty, it would he incumbent on the prisoner to justify hi 4 conduct by ,„„ e b et ter plea than mere indiscretion, and to sh e w that in exceeding his means his expenditure was limit ed by his ttbsultste and, in dispensible wants. The distinction aright then-tore be easily drawn ife- " 'this principle is strictly conformable to, the, remedy of the 0 , 8,i0 bonoruw; which obliges the prisoner to set forth the occasimi and way how- tle came to jua layiertis is directed by a Rule of Court ioade in Ibis,. The laws ot S.Ctitiall4l upuu this 411bitet are of great antiquity : and it is worthy of remain, that they have always ea universal satisfaction. They entitle the Insolvent to apply for his this charge atter a nsouth's • imprisonment, which be readily ph taini, as to his person, provided he can shew that his ciencv has arisen from misfortune but out otherwise. he 6coteli are too politic and just to Aford the same species of relict to extravagancy as to inislOrtune, Our law is 6ai d to he framed upon the principle of the (c.t.sio bonurusit; yet how can this assertion -be supported, when it is notorious, that Lordltedesilale's Hill every s'isieni of fraud is Il4Caird with impunity, and that. the extravaout and unprincipled Debtoi receives the same relief which is exioided to thou: who sqffer trout 1.1116 1 11 1 !;i bit , - calamity ? fly the Neotch Tmw, a full investigation is instituted into the.flehtor's af fair", which generally embraces a hind of history o f hi s life; and if it he unsini,lactory, , he isreionittled Io gaol, by protracted imprisotoutht fur his fowler uns ctutansi7,lc-fte.i.'. t %Veen die tWo classes : 'Ana the ma - n who passe I the ordeal wittliont difficulty, would be restored to society without obloquy ; whilst ignominy would attach 'to tbo : esVhowere byanded by the . law with the. imputation of ‘frointident exo.avagance. . Untle'r the Insolvent Debtors' Act, there is no limitation of automa t , beyond which the pH, sower shall lose the benefit, of its benevolent pros visions. To ielieye the. imfortitate, )3 the ob ject-of the LegiSlatine. . 31. t surely those. cannot be so designated, whose debts are large„ without tidying been contracted in the wssi . Of trade. Iu the event of ii very.eol\siderable, deficit in a nian:S affairs, this ninst arise either from 'somespecles bf commercial speculation, or ll'om his expenditure. In the former case, the individual is in most eases amenable to the Bantt ruin . Lows. In the latter, there is scarcely a pos,ihility of its resulting from any other source than extravagance. Surely then some limit should he affixed to the tlepredationi of that base and dishonest pOrtion of society,,who will dot in every species of excess, and sifters wards claim the relief of those ordinances which have been provided for the benefit of s tile tin fort unate. A petty delin pie ot may some t lines be J idered to escape, flow the nature of his necessities, and the difficulty to fix with pre cision the limits of guilt. But the hardened ofiender, the bold and impudent culprit,who robs without mercy 'and without compunction, who colim;its his excesses front the very lust for vice, and without any plea of want, such a man ought not tO be !iutrered practise his dcpraeed course with impunity. ' " might, in th'e first instance, have been ad , viseahle not to limit the amount, as se.?eral pri sbners trete eciufined fOr debts to which the for mer Acts did, Rot extend ; amt it was designed '.that the relief should be as extensive as possible. Tho,e who tiad endured a protracted confinement un that account, having already been relieved, it inight . now be adviseable to fix a certain limit.— , And it mast he contended, dint no man whose debts are contracted for mire expenditure, can be imuitied upon any principle, in owing to his creditors above three thousand pounds. Such a man, I contend, - deserves to he polished with se verity, and ought to stiffer an imprisonment of fives years., " here should however - be an exception in favour of those connected v. ith aglicoltore; and others wlioe extensive dealings will justify theta iu being classed with traders in 'this respect, al though not within the meaning of the Bankrupt Laws : and the Commissioners should likewise be • directed to _certify to the Court, any special cir cumstences that might arise in individual cases to justify such an excess, which 'should be vested with the power to - exercise its discretion in behalf of the prisoner. " There is one more species of dishonesty that • timitestionablv requires some consideration. This 13ill, since it passed the Legislature, has dettu red the trader !rout resottftg to his former :emit!), of sorest, iron' the iippteheitsion that by so doing he should Jose his , delit, together with consifierable. costs. It is right to. tclieve the) Debtor front die. cruel - grasp of vet. geance, but not .by .ebablitug • hint with impunity to avoid the payment of Isis' debts by tinpriti , ipied lit igritiem. The kW ditzurni the editor at his power to threaten the'Dehtof with its I,ify ; ..aud in reruns vests the 1...),.bt0r with all its terrors, by e.hic!i he is enabled to threaten in his tyro wilt' ruinous vxpenceS, those to whom lie may be justly indebted. By this means the becoine.,, a t,ery torn coat, and ceasing to be t he a lly of the Crett,tor, ptostitutes itself. to the frauiltil.u . ly t o t i ts c... e: s t e it s . t uiu i . i b u . - . l ( i t y r u a lt t histu lose pceiiie:letetb \ without being harassed w co e i mmons occasioned by an tinjitstitiatile opposition to a just demand. remedy this abuse, it 'might be necessary to enact, that any dr feptlaet who shall hencefor ward, either homu or sapsetrient to his surre „. d er , fife what is terinetr a sham plea, bring a writ Of e rror for the purpose of tidily, or 'deed the getit ral issue,. without bring able to slim to the Chminissioners that lie had a defence to the action, shall nut be tliAcharged by the Act, as to such demand, until he shall hove undergone an imprisonment of t li o yea' 0. " This regtilatiori would materially benefit the prisoner's eatate. It would restrain him, from wasting the property of his Creditors in unjus tifiable elqiences; and iroin wantonly adding to the loss of hi , plaintiff by an unto oppo, sition :. moreover, by preveutiitg him trom pro tracting the period of his surrender, it might in many instances frustrate those trambilenelduns which would require time to render efficacious, of dissipating his remaining property by making partial payinents. One further ulteration might he suggested in" the existing Law. . The Act imposes It three months' imprisonmeet, in order that the Deiftor may 'not get his discharge without undergoing stone small punishment for the nou-fultilment of eugugemeuts. The vbry idea of coefittement is, however, rendered ridiculous, by allowing the prisoner the liberty of the. Rules, when he, may have a stifficient,amount of his Creditors property ie loud, to enable him to purchase this indulgeoce. The man who means to avail himself of, the relief a tf oi ded,by the Act, ought tint to be permitted to escape ift,til he 11AS Undergone its penalties. This privilege prodneeS a distinction between the high and the low Debtor, which the former class are not Cillitird to. The man who by exceeding his income, co)iltratctS debts he never means to pay,. and is, conseqUenily, obliged to seek the benefit of the Laws for the Relief of Insolvent Debtors, deserves to stiffer some' puinsithrent. And it cannot' be said, that he experiences any serious inconvenience without actual confinement. coutinrins still lavishly to squander, the eemain itig property of his Creditots, owl to enjoy nearly au ithoollte state of liberty. The restraint impos ed on a mail thus situated is but imeginary. Lie hos neither the appearance nor the feelings of a prisoner—nu walls to coclose—no luck to secure him—indeed there is ttothing to prevent his wan deritig at lasge, but his-oWn honour, which self dont 1 teig . Very tot cihly in those who,_,it • we may Judge from common e2Nperience, are solely, bent on rolthingt heir Credit,:r s . I n ti ne , (h e mai , who surrenders his perstati to suffer a three months' imprisonment iu , tii?ch;trge ot debts, should undergo an actual and nut be al lowea to - enjoy the comfoit and lensltio•lß of country lodging, at a gleac cxnenee-7to,be de frayed however, not by hiinself but by big Cr Cltorg„ , . - . A trifling objection may he raked to the s7ft tem I have suggested, 6y.the delay it might pro d duce in tile liberation of the Debt Or. This would he easily obviated, by shortening the period of itu.r prisonment iniptised l,y the Statute to either 0I ur.two months •,whielt would he sufficiently long for all the purposes required.: The object of the 13111 being not to aggravate the horror. Of Insol:. vency, bout( give every possible telief to the un fortunate Debtor, cons6tently with the essential • interest of the Creditor. It ; is unnecessary to add more upon ,the I have stated my view of it as briefly as (bp natstre of the enquiry would allow, although many imiiort,a.i4 considerations and arguments migh: have been stiperatHed. The haste with which • have beer_ obliged to prepa re these sheets for the press; has prevented my entering so fully upon thp various bearings Of the Debtor and Creditor Las as I could, have dtsyed, an& tilt's( plead my ex.:. Fuse for eve, The .necessity of ek perumnent InsOlYent Act cannot, I apprehend, 1).0 doubted ; and the principle of Lord Itedesdale'S, Bill must appear equally unquestionable. I lt,ive, eodeav'oured to demoustrate the, solid ad van' age • of tide Act, and to puitit out its abhses. To te 7 medy the latter I have ventured to suggest such 4 course of measures Hs appear to !tie the best eaten hated to detect and punish frand." OLD BAILEY, JULY 17. RAPE. • • • . .ashes ttny, aged 3i, Was acbtl,•cd of Ong a rape On the body of Elizabeth tyke, ehi,ld limier ten yeaiii of r itge,, The girl stated tlitt 7 eirennistanees of 09. caLe; ‘vhich, of coort , e, art% 1111 fit for in4ertion. She was attune:tills enTloyed iti a brothel, 11, Black MA - se-Court, Fiett-street • in going messages. The gill's father state.d.sliS et /Is 1101 01111SrflIed, :11)(1Ire rCetlyell a inostiti.m, pressive ti-Oal Mr jII,IICC PACK' ore account of that, n'Ait ids?) for allowing such all itt lant ter attend a b to the eternal ruin of hot soul. The mist rably oat ion of the in- Goa, on being received into li.irtholoinew', pitati billy proved ht' surgeon and tt Nurs4 of that llo•pit al. In his defence, the pi isoner nied.his guilt, and adduced several tvitnesses,who. gave flint a.' excellent character;as a good hub band and a deceot man. A girl of the town (Hannah Nichols(io) was ealled,hy , the , pr6oner, to prove the Chill was depraved chat-kit:tut ; hut her veracity wits miler) waist:coed by yootig tnAtt (Thoun!ft Hester, a COUTO? , :itol), WWI distinctly s w o re h e h i .artu Nicho6oit say, " I thin't care whether I stetAr false or trot; for 1 ant - ;leter'ntine4 to. get Lilly (AG: for by G—d 1 for : it is not the fir or 54 omit, oath I hate laken ; I ntn d--d pitre., I do if I can clear him." Heitee said he heard her repeatedly say the above and si!ni kr words. • 11.1r..lostieL.PAntc. at Vc=r‘f greet 1010), 51111 " 1 " t e , i4lence. At tile coneln6ion he Isilartite`! the nuittbvr of brothels in the city, 44nd (h `t ditftrence which the innnt , es eh.,‘ 4:d to the ,oleifs*4- lii.•tent . as 04111 it, Court Of ice. lie tr‘. , lec! soii,e tneasnres wonht be adopt: et -1 rt d„,.,1 0 ,, tito number of th . ese hothys. The Jltry, atter retiri _n►g a Short tune; fount) Eli a prisoner Guilty—Deitch. BIGAMY. James Welden stood indiCied fen. tnarrvinj."' e. Fleming, his former mite, Ether itlay, Ening st i ll alive. James Barlow, parish . clet k of St. Giles,Criiwk gate, Prtictl the fohner Marriage, limn ":" glitter of the parish, to have t a k en pi ac i : , in 179 3 . John May. fattier of Esther Nlav, wile to lII' prisoner, had seen his datighter 4l,ree ,la ys age'; the pvisoncr and his il.tOghter h a 'n been' for 20 Yetirs, and the witness hail liar! till COt.~.Lyr pontlence.with her for 15 years, in consegitenco of her having ini4onducteil leer-elf. Ezekiel Price, clerk of St. D.ln•itan's parish' Stepney, proved the second murriage to have talieu place on the 22d of Oc•oher, 1811. • .lane.llletning, th e secon d w il e , was called, b" did not appear. John tVeltlen, brother of the prisoner, had beat present at both the marriages ; did_nOt know thil; the first wil e was alive, nor whether' the pro" prosecution was or was not carried on by. the coned wife, . .nd the l Juryhr .jns r t er ice nr A n a t a a 10l verdict TTsntttnl of G edup,tjli7tue.videtices.“. COAL MAItI(F.T, Juts 17. Ships at Market. SI); sold• Price' a 4a Newcastle I 1 Suntlerlaad ......... 7/ 3 n. 6d .Is. thi. to 0 4 ; CUIUI BilelllA. Lai d On tl ltt ne lath, at Hawn-hill, Scotland, the Lady o; Justice Clerk: °fa daughter. O 1 the t-tt?►, Mrs. Dr. Murdoch, Clyde•street, Edinlagb', of a daughter. On the 7th, at Springfield, &war Dundee, Mrs:Itolo ll son, of,t► son. In Duke-street, the Lady of 'William Henry Armstrong/ Esq, of a daughter. serf At Leghorn, on the 14th June, the Lady of Capt. Spe ll of his Majesty's shil► ErY,r , of a son. NlAttlitXD. 111 Paris, on the 4 20th :lune, Thoulas Kid, Esti, Stalf•Sltr, goon, to Mrs. Iterestord Brunton, wid ow o f th e laid CAPtl'i lirresford Brenton. On the 1111 inst. at St. Mare * Ch urc h, T o unton, c Scruggs, Esq. late Lieut.-Cohinel of the 53t1 Regime"' byll Jane Dansey, only daughter of the late Colour! Dooll_ On Tuesday last, Andrew Allan ilatdy, Esq. of Shel tie to Miss Mary Hookey, lacknev. At Stirlin , on the g I itli, Captain llnuli Pearson, 0. • s t cairnie, It. N. to .\li.s; Helen Littl.-john, daughter off )." Littlejohn, Stirling. ourr ' At Florence, on the 'Oth June in the hone 0f.1... 0 % lavish, British Atubai; tdor, Claud Alexander, E. lainyle, to Mis s Ke a ti n g e , e ld es t 'laughter of Cofonel and Martha Keating... DIED. At Scal, on t!) , : 13th inst.the Rev. 110 be 73d Frit!' of his age, Vicar of Kentpsing-outn - S eat t of Biding, Kent. 0 6; Sartre day, in his is year, • Rioltard Hughes, E* of coin On Snit day last, t he Rev. Sir John Thos. Wheate, in the b deli year of lu age. Yesterday, 'rash, of BroOtnfield-House, SootbOtt. LONDON: Printed tty .1. 13. CAasT.utts, No. crirc n : buitdinc.; I,;;liiist,d w. ,k. SCILIPPs,of at the Stt,s-th - Fity.,, N. he, Strand : where .131v 1 - 41 ', 4 At cuts, Orders, Letters !past -paiti),&e. !,wt addresseu. I ~~ It: OPT: t, 1 0 : t 1 1: h IA p. 4 1, 1 A V LTl lt 11. ' 1,1 i;'; frl 4 FU