The Sun. — London, England, 1819-02-12 00:00:00

FOR TilEim.r: ON INSOLVENCY. EDITOR,--Aluch has been said in your excellent Paper ❑pon the subject of Insolvency, end more then I have had time or ouportunily to Tea(' ; therefore, should the Plan here proposed have been before advanced, mine would become unnecessary, The Insolvent Debtors' Act was designed for the amelioration and relief of Poor Debtors, who, from peculiar distresses, had or should be the in mates of a prison. It has not, I believe, an swered the purpose intended ; but has become the means of designing oleo h t ing enabled to de fraud their Creditors, and to embolden them to get into debt, rather than acempt to liquidate o:ens; and thus, although some few honest and dis tressed Debtors may have found relief from it, yet it is to be feared that a much more numerous class of honest industrious Creditors have had 'reason to lament its passing, and have been ruined throtagh the villainy of those who have had the benefit of the Act. Many Debtors think it of small consequence now to go to prison, because, in a very short pe riod, they may again face their Creditors wiih im punity, smile at them for their credulity in trust intt them, and produce exultingly their certificate of discharge, as a full and sufficient dischaige'of their debts. The subject reduces itself to this question— Are we to destroy the Act in 10to, and expose, the Debtor to Ida Creditors, or ca6not a middle course be found to remedy the present defects of the system? Previous to the passing of the last Act, I took the liberty of addressing a Serjsant at Law, of considerable eminence, upon the subject, as I had understesod that he was preparing to bring into the House a Bill for the relief of Insolvent Debtors. The Proposal I made was nearly to the following effect :-- " That Insolvents should be brouid to'entploy their time in prison to some useful labour, ac cording to their respective abilities, aligt that pro per managers should he appointed over them to sopesitoeed their work that a proportionate part of their earnings, whete necessary, should be ap plied towards their support' ine prison, or of theie families, anti the remainder in dischierge of their deists, in rateable proportions, at suitable periods : that Magistrates of the district should in a summary way decide all qitestions of disputes het:veer) Insolvents and their Managers, and have power to visit them, and that an appeal should be niters front their decision either to the Quarter -Ses;itros, or to the Insolvent Court (if the expence of sorb a Court should be thought necessary to be continued) e that no Debtor, whatever might be rank or station, sho•ild be exempted front work, and that no gaming or unnecessary indoko g . eneles, either in eating or drinking, should be . staff;- ed to be enjoyed by persons having . money, while in coitfioetneoto but that a regular platoot• diet should he observed, with respect to every' Debtor confined, making suitable exceptions for Eases of sickness, old age, or other infiimities." Bot, at the tittle of making the proposition, I had souse doubts of the practicability of such a plait, and front the inattention of that Gentleman to the subject, I concluded that he did not deers it feasible, or capable of being carried into exe cution. Lately 1 was reading Mr. Boxtroa's work upon Prison Discipline, in which is pointed out plansof conducting prison work , and which fully convinces the that a system of that nature, with respect to Debtora, would be found both prac tical and beneficial. Among the advantages to be derived from the system, would be with respect to genti&nen who . now live, or, under the old plan, have lived in prisoo upon that property which ought to be di vided antoog their crediors, faring sumptuously every day, living in idleness, if not in dehaucliery, and frequently gambling to pass away their time, at the expence of those who are sugerets" by their . dishonesty.--Such perioni would not, were they , obliged to work and to live spiringlY, be So ready' to continue in prison as has been the case. And: when they became' tensible that they must work off their &lies if they go to prison, they will take more heed hoW they get into debt, or, if they still have property, they will, sooner than remain in prison, thicharge their debts and obtain their living by other means more deSirable than the pri vations and discipline of a prison conducted upon such principles. I would not introduce perpetual imprisonment in any case, even to the most unprincipled, and particularly not thOse who were desirous of , discharging their debts, had they the means of doing it. But I think it would be a wholesotne rule, and attended with advantage, - were the ge nerality of Debtors confined for five years at least, u&ess . by their labour or industry they should in a shorter period wholly discharge their • debts. This might be inconvenient at first—the prisons, perhaps, would be filled but in a few years, 1 imagine, a sensible alteration would take place—for small Debtors would he enabled to dis charge their debts—greater people would be more cireuto'spect how they get into debt—and, at all events, Onptincipled Debtors would not be so soon let out regain to exercise' theie frauds upon unsuspecting Creditors. Still, perhaps, some exceptions to the general rides might be intro• direed in cases where amelioration -may be neces sato, loath as to the limitation of confinement, and in other respects, under proper or. judicial authority. rivse, and indeed the whole plan, may be so shaped in a proper course by the wis dom of PatliAtoeut, as to answer the end desigrted by a ll l eg islative enactments 'of this description, 1 1.4 to give, the intended relief to boneSt poor DebtOrS,.ieltico to distress by unavoidable mis tortunes„. teitlbout exposing Creditors to the de signs sod shifts - of unprineijsled men, who seek to turn the indulgences of our laws into eogines of fraud, craftiness', and villainy. . ' this deserves the consideration of the Public, you Will please to insert it—at all events, these Milts maybe improved upon by wiser heads than Your obedient servant, DEETOII AND dtEalTort. PROVINCIAL JOURNALS. We are glad to find, that though TIL3 Leeds Intelligeneer has parted with its iwe Con ductor, it retains the sante principles, and :ye are glad also that its late Conductor has started on his, own account,as there is a mischievous neighbour, Ivllo seems as anxious to spread the poison of .LACObin:sm as The Leeds Tatelligencer and The Leeds Independent ale to provide an atoidote.— Th- tollowint; remarks arc taken trout The Leeds Intelligences of the Sth inst. " The first trilFnif streneth between Ministers and the Oppoitiou w?ls made on Toesday night, upon Mr. Tierney's motion for appointing a Com mittee to it vire hoc> the slate of the exchanges, whtni, tiotivi!h.naoning all we have heard of the accession of tionthris to the Palsy, they were left minus 109 ;- thus afforilieg a ei'c hieing ,roof that the nekv Parliament is not inclined to with draw that confidence from Adinteistr ti ion which was placed in them by the late one, and which titey have so well merited. The Papers in the Whig loterest endeavour now to repre'ertt the question as one of minor importance, and antici pate a ditletent result upon 'more vital subjects We, however, think the division On that evetting completely settled the point at issue It was the rertahoy of having a majority that made Mr. Tierney persist in his motion, not withsianditig it was clear the objects for which inquiry was desir able would tie much better attained by the Com mittee 1,r0p0.1 by Mr. Vansit tat t. He was completely deceived in Hs expectations, and no doubt, to use his own I,siguage, considers him self ` y ill-treated by the House.' " The subject referred tO this Commit tee is one of the gre.test importance. We do not believe that the mercantile and trading part of the coin monity wish for the resnroption of cash payments. It would completely par. , nze ope raoons,all(l occasion a general stagnation of trade and eat plovnicut throughout tie country. At the same time, the scarcity of specie is found to occasion peat inconvenieoce to the retail trade, and to the working clas"ses. It is therefore worthy of consideration, whether a partial return to cash payments roi,eht not he !wide by the ca lli ng i n o f the one and two pound notes, and replacing th em with silver tokens, issued by the•Bank,'at such a seignotage as would render it impossible to realize a profit upon their exportatioo, The pr e . sent sciellorage is six per cent. yet silver in bars has risen within the last week or two, to ss. 7d. per ()mice, being Id. per ounce above the mint Vis profit will hardly tempt any one to me!l the coin for the purpose of exportation, as it would scarcely defray the expense and trouble at 1 ' tendant upon such a step : still bullion may ex- , perteuce another advanee; it might therefore he adviseable to fiX the seignorage at 10 or even 15 per cent. This would effectually protect the coin, and remedy the only inconvenience felt from the liaok Restriction Aet ; the scarcity of small change, - which inmedes the operations of the retail trade ; whilst all the benefits derived front that measure WOUld be perpetuated. Another stibH.n of equal importance is the Insolvent Debtors' Act, which_ expires at the end of the present Session of Parliament. Several petitions have already been presented, and more are in a course of preparation, against its re newal ; and we hope the system of fraud and rabbet y which has been perpetrated limier that Act will now be pot a stop to. Our readers will see front the statements made by Mr. Waithmao, that on debts to the atnount of 9,000,000/• a di videod of a.halfpenny in the pound only has been vic! . .; whilst on another sum. of 6,000,000/• the creditors have received a farthing in the politic!! Mr. Rrongham, indeed, is of opinion, that they would not have obtained even this scanty portion of their due, had it not been for this Act ; but we think the remedy'much worse than-the disease; for the expenceS frequently exceed the sum reco vered ;' and, in very many instances, the creditors have hot even7thefarthingin the pound. The operation of this Act has also introduced a complete nuisance in the persons 'of the agents, who are generally Attornies of the lowest stamp, or men who have never been bred to the law, yet have procured admission -to practise as agents for insolvent debtors. The object of these men is; to enable the.debtor to cheat his confiding creditor ; and whilst they are assiiting, in defrancl. ing the latter, they are fleecing the former by their exorbitant charges. In short, the whole of the proceedings under this Act are disgraceful to the country, and highly injurious to the fair and honest trader." COMMON COUNCIL. The LORD MAYOR held a Common Council yes terday, at Guildhall, for general dispatch of pub lic business, whiCb was very numerously attended. The Court agreed to a Resolution, requesting the Lord Mayor's Chaplain to print his Sermon, preached at St. La wr'ence Jury, on Plough Sunday. PR 0 SITI'IYI'ES. Petitions from the inhabitants of the Wards of Aidgate, Hisbopsgate, Cheap, Cornhill, Farring don Within and Without, and Portsoken, relative to the prevalence of the vice of prostitution, and of the necessity of ,some measures bring adopted for the suppression of• houses of ill tame, wertz resented and read ; and the Committee appoint ed to_ consider former memorials ,upon this sub ject do ivered a Report, recommending an appli cation to Parliament for an Act . to the foregoing effect, which, after , a very long discussion, was agreed to, - and a Petition accordingly being pre pared, was read, adopted, ordered to be signed by the T own Clerk, and presented in the usual form, and the City Members were requested to support the same. LONDON BRIDGE. A Petition from several owners of craft navi gatiog the river, .coil-merchants, and other per sons, in, relation to thy state of London Bridge, and for an extended water-way, with other matters connected therewith, arising from a Report pre sented some yea rs back, my's preseott d and read, and after some few observations trout Messrs. Oldham,' Fuveil, and S. Dixon, referred co the Bridge liou4e Committee to corBsiler an:) repnrt, powers to confer with his Aljesty's Ministers thereon if tleces,aly. MANSION-HOUSE FRACAS. Mr. DAviEs then presented a Petition from Mr. T. N. 'Williams, one of the Attornies of the Lord Mayor's Court, and also a Member of the Common Coqncil, in relation to his having purchased his situation-from the City, to which was attached a Seat at the Swordhearcr's 'Fable, which he bad enjoyed for several years, but was now excluded therehom. Ile prayed the Court to direct him to he reinstated.—[The circumstances of the case we fortnetly dttailed at full length.] Mr. DAVIES moved that the prayer of the Peti tion be complied with. A discussion then took place upon the above motion, as also upon the expediency of referring, the question for examination to the Committee of Ci?y Lands, or of the Petitio n lying 'Oll the table till the writs taken out by Mr. ‘Villiants against the Lord Mayor and his servants should be tried, as the right in question would in some measure be then to be proved ; in which Messrs. J. Dates, Dixon, Williams, Pearson, Oldham, AI 'erns an Wood, and several other Merit hers, re peatedly spoke ; and it was finally determined that the Petition should he on the table. ASSIZE OF BREAD. The Bread Com,,,ittee, to whnm it was some time shite referr‘•d to consider whether the doing away the Assize had been beneficial to the public 01 mhei wist-, delivered in a Report of the inves tigation mad , by Thew upon the subject, together wit h 11,e ianimation they had obtained ; and con chiding, as th , ir opinion, that the public bad been benefited by the abolition of the Assize, and that it would not he expedient for the Corpora tion to adopt any measui es for its revival, which was read and ordered to be printed. BOROUGH OF SOUTHWARK. The Gcnetal Furl► ises Committee presented d Report in relation to the Memorials of the Com missioners of the Court of Requests, in the Bo rough of Southwark, against the Bailiff of the Borough (John Prinsep, Esq.), and the ai:swers of the Bailiff thereto, wl►ich were merely read pro forma, and the consideration adjourned to the first Court in March. The Secondaries presented a Memotial to the Conti, declining to g ive any gccount of their fees, as they were advised th 4 w,re not bound to do so. A Special Committee was appointed to con sider the said Memorial, and to have power to examine papers, hooks, any) documents. Not a single word was said on the. Southwark case, as the discussion is postponed . to 'March, when .the case will be very lolly entered into. A printed copy was ordered for the Members of COurt, and two were to be sent to the Iligh.Bai liff (Mr. rrinbep), and to Mr. Farmer, Chairman of the Court of Requests. It was referred to a Committee to consider the propriety abolishing the 'Fable for the Sword bearer and other Officers of the Lord Mayor's llonschol , l, at the Mansion-(louse. Adjourned at half after five o'clock. The at tendance of Members was uncommonly numerous. LAW INTELLIGENCE. COURT OF CHANCERY, FEE. 11. COLONEL HAYWARD'S CHARITY. THE ATTORNEY-GENRRAL V. BULLER. This ease again came before the Court this day, on the , application of Mr. HART, that one-fourth part of ;he fund now in the Court, amounting to 1 1001 might be carried to the separate account of the Parit , h of St. Nicholas, Rochester ; and that Mr. Butler, the acting Trustee, might be at liberty to receive the dividends of the of her three-fourths, and apply them to the filling up of the vacancies i n t h e Ch,i r ii y o.f the Ir''arish of Crediton. Mr. MARTIN opposed the application, on the ground that there were three schools founded by Colonel Hayward, the funds of which were very small, and consequently they ought to share in the three-fourths of the property. _ _ _ . . . . After considerable argument, his Lordship.said,. he thought the best way would be to transfer the fourth part of the fund to the Palish of St. Nicholas, with Jiberty to any person to apply to the Court for the appropriation of the other three parts. Formerly, the practice of the Court was very different to what it .was now ; for originally it appeared to have been the wish of the Court to keep Charities in it for ever ; bot Lord Thur-. low Would not do so, and sent them all ont of it ; but, said his Lordship, " I Oink they will all come back into this or some other Court in time." His Lordship, in conclusion, directed Mr. Hart to frame such an Order as would not prejudice any of the parties. REGULATIONS OF THE COURT. The LORD CHANCELLOR, in reference to the present mode of conducting the business of the Court, addressed the Bar to the following effect : " I beg it to be understood, that in future, I will bear nothing but motions on seal days, and on others appeals, for it is impossible that I can go on in this way. There are‘now appeals that have been standing over for hearing two years, and which have been displaced by other causes having been placed above them. The House of Lords have directed that I should sit in this Court three days, and in the House of Lords three days in the week, to hear appeals, and some of those appeals are very important ones. liefore that order was made, about twenty-six cases-were disposed of in the course of the year; but since, we .have got rid of at least eighty in the same period; but it the shop is to be open but three days instead of six,'Of necessity the customers will he more nu merous on those days than they would if it were open six days. I must also state, and I have already mentioned it to the Gentlemen: of the Court, that there is a practice which Must be cor rected : Gentlemen are in the habit of Moving that causes should stand first in the paper for hearing on such a day. One Gentleman having moved the Court to this effect, another would perhaps conic forward and do the same, and thus the cause moved last stands first, and consequently a cause, sup posed to stand first for hearing, is found 12 or 13 down. This must be corrected, and in future those causes must be placed after those already appointed for beating in fact, the best way would be to tale • - • I► jog every thin . g•in regular order. There is orle t " I ;# which will expedit e th e b us i ness of the Court, " meets the approtiation of the 114 r, for I sluil,°l‘lB-).f study !heir con yenienee, namely : if the HoiLlei:ie: Lords would be indulgent enough ro let the Jid sit three following days in the House of 1 . 4"r d5 ' 1111, three days in the Court, this I think' 01094 _`, greatly expedite the business. W e had y ester is: . day, as the Solicitor-General knows, five-PPP-e.35..: before us in the House of Lords, and it is ill'P°ll4 silde that it can be Othcrwise than that grea! 0; fusion sho:dd arise in the tniud of a Jodg e had thus to preside in the house of Lords (! ti it t,y, and the next in this Court. Theref°rferii,it should meet the convenience of the liar, before said, I think it Will be attende d with g beretit." dr elf The SoIACITOR-GENER AL said, it vrottio assist the Suitor; of the Court. lend I: The LoRD CHANCELLOR—Yon may d e i' L g a ; Will never do any thing that Will (10tres 3 the eal I think the arrangement would 10 a rV eat of good.—Plorning Post•) corn. OF KiNt;'t BENCH. F ro . 11. INFORMATION. r o ll tO . Mr. Setjeant 'VAUGHAN 1110ved fora 7,. jo . Show cause why a criminal information 0-110% not be filed against ,Mr. Thomas ThomPs ffirh oe, printer and publisher of The Leicester Chr °ll , - , - bet for publishing a libel on the 26th of De c „ e i l g is.- - last, against the Rev. John Biddulpb, ' 1 1;0 trate of the County of Leicester, imputing 1° ,, 0f a corrupt abuse of his office. The tendellcl,l,6 the libel (which was contained in a lette r tols 14, Editor of that Paper) was to show that M r. 1 01, . dulph had extended the law to favour a rich VI jtt hut had withholden its protection from a 01311 humble circumstances. The Learned Setjeant's affidavit went to", he live all the allegations stated in the libel. t(;:iseit said that he expected to receive another 9" ) 0 0, in a Few days, which would completely r il) eo r , all suspicion that Mr. Biddulph bad a cre ruptly in the execution of his office. ro t 11 The CoURT said, that they could not gioro rule upon an affidavit to be produced 0 0 „;, e re day, particularly in a case of this nature, an" l' fore the rule must he refused for the pres et/ • THE KING V. GREET. On a former day, Mr. GURNEY Obtained a t , o r i l j i l; to show cause why a criminal information s " nr not be filed against the defendant, icausY,„g Quernbotough, Kent, for corruptly reri licence to Mr. Marshall, an innke e p er , °' town. • 4 1)11%' Mr. DrIARRYATT and Mr. ADOLPHUS 110‘'. 13,11' cause against the rule, and produce(' si"!;11 that the licence had been refused to Mr. liAr, on account of his permitting drunker' se; stay in his house during divine services 'fil:iitite from an habitual practice of addressing se language to his custom ers C HlTT Y edfni f re . thot Mr. GURNEY and Mr. h 4 e ro t ! this was a sufficient answer, and therefure l ' • was discharged with costs. cIITNIINAL INFORIVIATION. Mr. CITITT moved for a rule to Sh°l., ON' why a criminal information -. shonlcl,not "i' t , against two Magistrates .of Jiishop's ,;0?i/ having convicted ,tavo. pert , ons upon C it e io Laws, without "perrnitting (heirj At t orOj ea • 1 te nd during the , proceeitihg. `l3cl 'The - CHIEF JUsTiCti - that 7 A 4 t,,, o rn\ ts 0 01 no right to he present during nroceedings irk cases before Magistrates ; as corrup t " 0 0 tive was imputable to these Gentlemeti, could not be granted.—The.Court rose a t past six, o'clock.—(Times:) FEBRUARY 10. ACTIONS AGAINST NEWSPARERS - , 6 , tIT'l tiamn.ToN V. WILLIAMS.—(ANOTBER ACCT elle n , e a all t i .( l ) ::o e t r i the tiH y defendant lrii A N D to ß s E ll . 9 + v ° c 1 : :: : "-I n h ill! he . !mold not rende-r.an account of all '7 ( 0 1 *A' ,bronglit against certain Newspapers, and 4.6 ninnies received on account of plaintiff.. i ., A , ,Seo Mr. MARRYATT now appeared to sbe" 4 , - , 0 0 and he said he held seven affidavits siegati vit : t .' tit facts alleged in Mrs. Hamilton's affidsv:o-10 which it appcared that Mr. Williams, ur .l4 )- e se audio' ity of Mrs. Hamilton, commenc e : l 4l l A tions against the different Editors, on",.,eed at that he had in any instance whatever rec` t a , l i damages, or money in lieu of damage'' i' tr ici the actions, and that one cause ha d be d e s s OF, and 2001. verdict obtained, but the danoget.j, costs had not been paid, as the detentloll. , : 1 . 41 1 brought a Writ of Error. Mr. MAERY .AI : I ,4O 4 his client was extremely anxious for 0;1;001 to acquit himself of the indisiinct a!' in:'; iii thrown out against him : be had deliverenalo 01' a bill of costs, which he was very ag" e sc 44 4 l submit to the Master; * lie could not, - sa dly forego insisting upon an undertakilig t° hint the costs awarded by the Master. ' ..,,,' n BIRTH. On the llth instant, at No. 6p, Chcapside, Mrs.,•• lirotP spoon, of a son. P e. • `TARRIED. , oo n, ds On Tuesday, the 9th instant, at St. Mary's, 1911 4`i‘s te puty Assistant Commiisary-General Sticlinev, to .t'„ - :cf Juseplic Eyclsholt, daughter of A. F. Eyckholt, -12'6"1 were. • if DIED. f clW el i . On the 10th instant, Mr. James Frearson, 0- Lad Wei • the 59th year of his a k Te. , f : ti n V''' . e ' ' On Wednesday evening last, in his 78th year, '°- Esq. of Bush-lane. , " n l igA.'° lT7l .. , PROVINCIAL BIRTHS, :MARRIAGES, AN-- BIRTHS, dv te t - .1 . , Lately, at Plainville Farni, near York, the L a '' ° 'pn ' Smith,, Esq. of a son. n abl Lately, in Rutiaod-s uare, Dublin, the kl ol°-r Richard Maunself, of a il dau , liter se ••• • mAtiatEn. 1 is C /4 0' At Crosshaven, Ireland, on the 30th ult. -, 1 01 : i oeflt J Hartnett, Esq. to Nlissl3llllen, daughter of J* '-'- i Kinsale. pi l i'or, Lately, at Passage Church, Wpterford, Jan ie e '5 0 ":„, Garnaville, county'Tipperary Est . to Mary AO :00: ' daughter of B. B. Johnson of Sp i t:inghill , 19 tl'e f Cla w Waterford, and grand-niece ' to the Lord Bishop 0 .' L. O F DIED:' t- oreett Lately, at her brother's house,in Patricw" - ' fo p Miss Frances Ilalloran. In Doneraile, Ii eland, on - the Ist inst. Mr. .. , ,.a n n i aa s v - ; Lately, in Cook-street, Cork, the Lady of I .o° '"' s9 , l' Esq. M.D. Lately, Mrs. Esther Scott relict of Edwar d ' 's;catt' , ) e ll' formerly of Cork. ______-0' A , . LONDONiPrinted b J. B. CARS"TAIRST-,;t N ty ' % .,:ii ll Ormood-street, QtZen-square• and plitilisticd 1 of. e 00) N CPIPS , of No. 7, South 111olton-street, at:, O Othce, No. 112, Strand ; where Advettisetnenor Lettyrs, &c. (poit-paid . :atust be addressed. I