The Sun. — London, England, 1845-05-15 00:00:00

LAWS OF BANKRUPTCY AND INSOLVENCY. •, (From the Morning Chronicle.) From the great interest which has of late been felt with reference to the state of the laws of bankruptcy and insolvency, we are induced to call the attention of our readers to the extensive alterations in those laws which were embodied in a Bill brought into the House of Lords in the last session, the provisions of which do not appear to be generally known. The want of far deeper and more systematic re forms than have yet been attempted with reference to this subject has been long felt, and has recently been strongly expressed among the mercantile classes. It was emphatically insisted on by the Commissioners appointed to inquire into the laws of bankruptcy and insolvency in 1840. Nearly all the principal European states have, within the last fifteen years, revised and remodelled their laws affecting the persons and property of bank rupts and insolvents, abrogating the inconsistent and often cruel provisions of former legislation, and sub stituting provisions based upon a diligent considera tion of first principles, regulated in matters of detail by the results of practical experience. Our own country has hitherto persevered in the employment of two separate systems, neither resting upon any basis of principle, but resulting from what may almest be called the accident of law-making, and exhibiting, at the present moment, a patchwork of legislation not only discreditable to the statute-book of the first trading community in the world, but what is of infinitely greater importance, productive of con sequences highly injurious to the commercial mora lity and the commercial prosperity of the country. The laws of every State ought to represent, or lead where they do not represent, the moral sense of the community. A men should feel that the laws of his country will overtake him with punishment if dis honest steps are taken to escape from present difficul ties, and will support and protect him in pursuing an opposite course. Few persons will deny that the English bankrupt laws have a contrary tendency. One learned judge is said to have observed from the bench, that our bankrupt laws are such that a trades man may be supoosed to owe it to his family to fail twice in his life. In any attempt to reform these laws, the only °position that need be feared will be that emanating from the - perverted sense of right and wrong which those very laws engendered, from the mistake of supposing that immunity of dishonesty from punishment is justice, merely because it has been so long declared to be law. The conviction that a necessity exists for funda mental changes in this branch of our system of juris prielenca, initered the late Government to entrust the investigation of the subject to the Commission ap poiateti in 18.10. Tha Commissioners published a great mess of highly valuable evidence, contributed both by professional and by mercantile men, which presented even to those who possessed some know• ledge of the subject a really astounding mass of frauds and elmeee perpetrated - under the sanction of law. Bat though the evidence recorded by the Com missioners is highly valuable, the report itself was far from answering the expectation formed from the high reputation deservedly possessed by several of the niembers of the Commission. The inefficient character of this document reeve perhaps, be ac counted for by supposing that different views were taken by different members of the Commission, and that those who did not choose to pursue the course adopted by Mr. Law of publishing a separate report, acquieis !el in seine sort of compromise of their various opinions, resulting in the unsatisfactory docu ment published as the report of the Commissioners. The herdships an I abuses exhibited in the evidence taken under the commission led to the adoption of some immedi its measures of improvement introduced by Lord Brou g ham. But it was felt, as has been declared by the Noble and Learned Lord himself, that the magnitude and importance of the subject demanded more searching reform than could be effectel by thus engrafting measures of improvement upon an incurably vicious system. Accordingly, after an examination of the whole law of debtor and creditor, particularly with reference to such improve ments as could be derived from the laws of other nations, entrusted by the present Government to a learned sergeant in 1843, the information, derived from various sources, foreign and domestics, was em bodied in a bill containing provisions which embrace the whole law of commercial and non-commercial insolvency, prepared by Mr. Sergeant Manning. The bill, though drawn by order of the Government, was brought into the House of Lords, not by any mem ber of the administration, but by Lord Brougham, at whose saeeestion it is understood the examination had been undertaken, and this comprehensive measure was lost sight of in the excitement attending the dis cussion of the merits of two bills relating ci to parti cular branches of the law of insolvency, the one brought in by Lord Cottenhatn, the other by Lord Brougham, the latter of which bills received the sanction of the Legislature. In introducing the Bill, Lord Brougham stated that the following foreign Codes had been consulted: —The French Code de Commerce of 1807-8, and the enactments substituted for this Code by the law of 1833 ; the Spanish Commercial Code promulgated in 1829 ; the Portuguese Commercial Code of 1833 ; two Dutch Commercial Codes of 1823 and 1838 ; the Prussian Cole; the Hungarian Code, or rather the Code prepared for the Austrian States, but adopted at present in Hungary alone; the Code of the Grand Duchy of Baden ; the Sardinian Code, promulgated in December, 1842; the Neapolitan Code of 1819; the laws of the several Hanse towns, and those of Denmark and Norway; the Austrian Code of 1782 ; the Lombardo-Venetian Code of 1843, and the Codes of several of the Swiss cantons; the American Law of Bankruptcy, enacted by Congress in 1841, and re pealed in 1843; the Law of Cessio Bonorum, in Scotlend and France, and the proposed Code of Laws for the kingdom of Wirtemburg. Time first point provided for is the consolidation of the jurisdiction; of the Courts of Bankruptcy and In solvency. Oa this point it is unnecessary to enlarge, as it appears to be generally admitted that such a change is highly desirable. Even in the able sup plementary report of lila Law, though written in de fence of his own court, the whole argument is directed to the peculiar advantages of the method of process in that court. His objections will, therefore, be obviated when every advantage in the process of the Insolvent Debtors' Court is adopted. 'line ano rn ily of twit dietinct courts; having jurisdiction over the same class of subjects has not arisen from any principle, front eny preconceived intention or plan whatever. It is attributable to the fact that the bankrupt laws were originally introduced for the purpose of obtain ing a rateeble distribution of the debtor's property, and with ne other object whatever; while the In solvent D exert was opened solely with a view to the relief of the imprisoned debtor. Oae court coal ti affeel no protection to an unfortunate and pereeeeted. debtor ; the other could not enforce the i r is m.e)t of one shilling of what was due to the creditor. The successive provisions by which these slefeetivs enactment e nave been patched up still leave it a matter of what may almost be called accident, whether a min in insolvent circumstances is brought into a court where the dishonest escape with nearly complete impunity, or into a court where the innocent mites sulenht to a preliminary punishment as the in dispensable found ition of its jurisdiction. Passing from the constitution of the Court, the next question considered by the Bill is, who are to be the sahjects of its jurisdiction. Anti on this point it is notorious that sense difference of opinion, perhaps more apparent than real, has been expressed by the highest authorities. Lord (:ottenharn introduced a Bill making a summery process universal fir persons of all ranks and conditions. Lori Brougham thought that :, , _)111:? 11 , 11 - 0.1t10:13 might be requisite, and drew an amusing picture of a prince of the blood subjected to the details of a process of bankruptcy; he also pro tested against a summery process being used for debts contracted under a different system of law, while he characterised as " unfortunate" the distinction be• tween traders and non-traders which had hitherto subsisted. Tae Lord Chancellor, without committing himself to either opinion, remarked that it was a question that required mature consideration. "He did not mean to say it was wrong to frame a Bill in the manner in which the present measure had been drawn up; it might be perfectly right to establish all that equality which it would be the effect of this Bill to create ; he only begged them to remember that the case, obviously, was one in which their Lordships ouiet to proceed cautiously to inquire, to examine, to investigate—that was all that he suggested." By the plan detailed in the Bill of May, 1844 various objections which hav e b een sugges t e d appear to be obviated. It is proposed to give to a new court, to be called the Court of Insolven c y, jurisdiction ionove the fellowing classes of debtors :- 1. Hebitual traders who are subject to the present bankrupt, laws. 2. Persons who, not being habitual traders, are in delete', in respect of con:.racte of a commercial cha raeter,s) to give to creditors, in respect of bills of exchange or other dealings of a commercial nature, the same remedies fir unfulfilled engagements what ever be the occupation of the party. 3. Persons who are indebted to traders who have kept a regular set of books, being an adaptation to modern usages of the provisions of the statutes of 11 and 13 Etiweril 1., de ille:-c , itoribug, which enabled merchants to summon their debtors, and require from them an acknowledgment on record of their debts. 4. Persons who are debtors in respect of debts of record, whether by judgment or otherwise; debtors of which class are at present, to a certain extent, -sub ject to the jurisdiction of the Insolvent Debtors Court. 5. Insolvents who are in possession, or have the control of money in a fiduciary character, a provision which, without interfering with the right of parties to resort to Chancery, promises to afford a more ready and efficient remedy than at present exists in cases of analversation or insolvency of guardians, executors, or other trustees. THE. SUN, LONDON, THURSDAY MORNING, MAY 15, 1845. missioners of Bankruptcy. Bat the measures by which these Acts prevent the insolvent from being punished, unfortunately open a wide door for the escape of the fraudulent. By the provisions of the Bill in question these evils are remedied. Debtors summoned before a court of insolvency are of two descriptions :-1. Those who are known or suspected to be guilty of malversation ; and 2, those who, though insolvent, lie under no such imputation. The former class the Bill gives power to arrest at once, an oath being made before the commis sioners of certain acts on the part of the debtor, so that by a summary process, the court, immediately on being made cognizant of the fact, interferes to prevent the debtor from dissipating, or alienating in fraudu lent preferences, or absconding altogether with the property of his creditors ; and the debtor thus accused on oath of misconduct, is secured for the jurisdiction of the court. This summary process the Bill only allows for creditors for more than twenty pounds, it not being considered desirable to expose a man to the risk of the loss of liberty on summary and exparte process for a smaller amount. With respect to the second class, such insolvents are to be summoned upon affidavit of debt, bat are not to be arrested. Of course arrest is to follow where the summons is dis- obeyed. Thus both descriptions of insolvents are brought within the jurisdiction of the court, and it is there placed in the discretion of the commissioner according to the circumstances proved, to detain the debtor under arrest until security is given for his appear ance before the court. Finally, by subsequent pro visions, imprisonment is awarded as the punishment of certain acts of misconduct. Such are the provisions which appear to solve all the difficulties of the law of arrest. The debtor accused on oath of malpractices, whom it is desirable to secure without delay, before he completes his fraud an I absconds, is arrested upon summary pro cess ; and such dishonest debtor, instead of being able to escape, as o 4 present, will still be secured for the cognizance of the court by bail, or by merited imprisonment, if his conduct has been such, or his credit is so low, that no one will be security for his not absconding. By the proposed course, those against whom a strong prima facie case of guilt is made out, and those only, will be liable to arrest; the unfortunate will no longer be subjected to imprison ment for debt, and punishment before trial will cease to disgrace the statute-book. The Bill then proceeds to a variety of details re specting the securing, the discovering, and the realizing the debtor's property, and other details of administering the estate ; the plan of obliging the debtor to file a statement of his affairs, as in the In solvent Debtors Court, and lately ordered by the Commissioners in Bankruptcy, is among the provi- sions of the Bill. We now come to a very important part of the pro posed enactment. With respect to the liability of subsequently ac quired property two distinct modes of treatment, diametrically opposed to each other, are in operation at the present moment. In the insolvent Debtors Court, where a man after being discharged from im prisonment attains to opulence, a portion of his wealth is, under certain humane awl equitable regulations, applied in satisfaction, or in part satisfaction, of his former debts. This is in accordance with the law of France, and of nearly all the continental states with respect both to commercial and non-commercial insol vents. On the other hand, in the Court of Bank ruptcy, though the legislation has frequently varied as to where the power of granting the certificate shall be intrusted, yet in all the alterations one extra ordinary rule has been constantly adhered to, namely, that the bankrupt shall either be left wholly unpro tected at the mercy of his creditors, or shall be wholly absorbed from all liability whatever, however culpable or fraudulent his condact may have been, and however his subsequent wealth may enable him to fulfil his engagements. While death was the penalty for frauds committed after the issuing a com mission of bankruptcy, the most complete immunity has till lately existed for all frauds committed before the bankruptcy. The old Roman law and the pre sent English law have on this point pursued the oppo site extremes of lenity end severity; by the former a debtor might be obliged to dedicate the whole labour of his life to his creditor, of whom he was, in some cases virtually, in others really, the slave; while the English law allows the certificated bank rupt to inherit or acquire a fortune, without affording the slightest assistance to the creditors whom he may have reduced from affluence to destitution. The highly important consequences of a moral, as well as of a commercial nature, depending on a right legislation on this question, appear to render it de sirable that a deliberate consideration of the provi sions contained in that part of the Bill which relates to this plan, should be undertaken by those whose functions will call upon them to legislate on this subject. This is rendered of greater importance by the misapprehension which pervades many minds on this point. It is clearly shown that the system, peculiar to this country (the origin of which is distinctly traced), whereby a trader is discharged absolutely from his pecuniary engagements, notwithstanding that he may, at a later period, be perfectly competent to satisfy his creditors, on the ground of an intervening inability to meet those engagements, is both impolitic and unjust, and that all the real benefits re sulting from the course now adopted, may be secured without persevering in that reckless dis regard of the interests of creditors, to which the long prevalence of the principles upon which the previous system is founded, have familiarised the public mind. Acting upon those principles, the Legislature lsst year, by the 7th and Bth Viet., c. 96, deprived creditors of their only effective remedy for the recovery of debts under 201. The direct con sequence of that statute was the practical extinction of all debts under 201. due from dishonest debtors, involving the ruin of a numerous class of tradesmen whose capital was invested in small debts. But the blow must recoil against the class for whose benefit it was introduced, as it strikes at the root of that credit which in so many cases is absolutely necessary. Without credit, the most skilful artisan, who is _tem porarily out of work, may be entirely broken down, and reduced, with his family, to the state of paupers. Without credit, a young man, who has acquired a character for industry and integrity, may lose the most favourable opportunity of establishing himself in the world. Without credit, a person attacked by a su Hen illness must often forego the benefit of medical assistance. Without credit, a person who has accidentally lost, or has been robbed, of his ready money, may find himself and his fa:nily suddenly placed in the most distressing extremity of suffering and destitution. Without credit, a mechanic, the employment of whose skill is necessary for the pur pose of carrying on some new or increasing branch of industry in a remote part of the country, will ge nerally be unable to obey the cad, and he and his in tended employer and the public will be more or less deeply injured. Without credit, a farmer may be obliged to sell his corn when the market is glutted, thereby not only deeply injuring; him3eT, but also in juring the consumer, who will ultimately have to pay a larger price than he would have paid if the corn improperly forced into consumption had been re• served for a period when the stocks had become ge nerally exhausted. Credit is, no doubt, frequently abused ; but it seems to be at variance with the spirit of sound legislation to enact laws tending to prohibit persons of full age and of sound mind from making such contracts as they may deem most conducive to their own interests, yet this is the spirit and tendency of all laws introduced for the purpose of, what is called, discouraging excessive credit. By the Bill in question such facilities are given to creditors for obtaining payment of their debts, that every person who has occasion to contract debts with honest intentions, and for proper objects, will find no difficulty in obtaining credit for large or for small amounts, in proportion to his wants and his circum stances, whilst the career of those dishonest debtors who are now in the habit of living upon the credulity of others, will be stopped by the proposed enactments. By the Bill in question it is proposed that in every ease of insolvency the assignee, trustee, or inspector, shall deliver to the court his answers to certain sets of questions framed for the purpose of ascertaining the true character of the insolvency. By these ques tions, in number thirty-five, every description of imprudence, carelessness, misconduct, and fraud, by which the insolvency had been brought about, or by which the loss to the creditors has been increased, is sought to be unravelled, from excessive expenditure and unjustifiable speculation, down to the crime of absconding with the property of the creditors. According to the result of these inquiries, the insol vent will be placed in one of four series of classes :- 1. Attertninated debtors, and insolvents by misad venture, the former term familiar to the legal anti quary, being revived for the purpose of designati ng; those debtors wile, with the consent of a majority of their creditors, obtain time far the payment of their debts in full. 2. Improvident insolvents. 3. Culpable insolvents and culpable bankrupts. 4. Fraudulent insolvents and fraudulent bankrupts. The result of this cla;sificaticn, and, indeed, of the whole of the proposed provisions, will be, that those whose insolvency has been occasioned by the vicissi tudes of fortune, inevitable in a commercial country, will be more favourably dealt with than at present, and will be separated even in name from the classes who now involve all bankrupts under one common stigma; while, on the other hand, dishonesty in mer cantile transactions will no longer, as at present, enjoy an immunity from the penal consequences by which the law deters from dishonesty of every other description. Insolvents, by misadventure, will be placed nearly in the present position of certificated bankrupts, that is to say, absolved from liability from their former debts, with this exception, that once in three years, if one-third of such insolvent's creditors in number and amount petition the court ; or if the court ex officio interferes for the purpose, the insolvent may be called upon to give a statement of his circum stances, and the court will then determine whether, regard being had to the position of the insolvent and his family, any, and if any, what payment shall be made by the insolvent in respect to his former liabili ties. By this regulation the honest but unfortunate debtor will be left unfettered to pursue his avocations for the benefit of himself and his family ; but if an ample inheritance should devolve on him, if large legacies should be bequeathed to him, if a full tide of prosperity from any quarter should set in upon him, then, and not till then, will he be required to do by the court, if not done spontaneously, what every man, actuated by right feeling, would do of his own accord. But the dishonest insolvent who upon inquiry shall be placed in the fourth class, that of fraudulent insol• vents, or (if a trader) that of fraudulent bankrupts, will no longer find that while depriving a man of his property by that which comes within the technical description of larceny, is highly penal, depriving him of much more important amounts by swindling, passes with impunity. An insolvent even of this de scription will be under the protection of the court, so as to be at full liberty to place himself in a course of honest industry, but will be obliged to submit yearly statements of his proceedings to the court, showing whether, after every reasonable allowance for his sup port and that of his family, after affording him every encouragement in his efforts to redeem his character, something . , and what, shall be done in the way of re paration to those whom his misconduct has injured. By the present bankrupt laws, no such favourabl opportunity for restoration of character, as is provided in other countries, is open to the English bankrupt. In the case of gross fraud, the only punishment that can be awarded is to withhold the certificate far a time, or to refuse it altogether; to send an offender out of court with an incapacity to hold any property, or receive the benefit of any exertions which he may make. The uncertificated bankrupt can neither be assisted by his friends, nor enter into business for him self; he is, moreover, constituted a pest. and a trap, to whom, if persons, however ignorant of his position, entrust any property, that property is immediately liable to be seized upon, and wholly absorbed for the benefit of the creditors under his bankruptcy. In contrast with this plan stands the proposed system of encouraging an insolvent to exert himself to redeem his character, and to repair,'if prosperity should attend his labours, to some extent, the losses which he has occasioned. It is, besides, proposed that certain disabilities should attach to the dishonest insolvent, such as dis qualification from being in any list of voters, or on any burgess roll, or acting as justice of the peace, or executor or trustee, or in cases of deeper culpability from acting as attorney, solicitor, or notary, or factor, or salesman, while in cases of directly criminal con duct, as embezzlement, fraudulent conveyances, &c., the delinquent is to be liable to imprisonment by the court ; and in cases of more flagrant delinquency to ex officio prosecution before a criminal tribunal. The certificate of the assignee, &c., as to which class of insolvents the debtor belongs to, is to be subject to appeal to the court, either by the insolvent, or by any creditor for more than 201., and the court to have power to overrule such certificate. The court is also, on the consideration of special circumstances, to have power to mitigate any of the disabilities, &c., by spe cial order, stating the causes of such relaxation. The remaining provisions of the Bill embrace the amendment of the law, in respect to the property of persons dying insolvent, of fraudulent preferences, of gifts made by an insolvent, of marshalling claims on an insolvent's estate, under the three heads of privi leged credits, unprivileged credits, and postponed credits ; altering, among other things, the law which at present virtually makes the creditors of an in solvent who has defrauded the Crown, pay the pe• nalties which his misconduct has incurred, of liens, of reputed ownerships, and of warrants of attorney and cognovits. It is also proposed to empower the Court of In solvency to take cognizance of disputed partnership accounts ; in respect of which there is at present no remedy except by filing a bill in equity, a tedious and expensive process, wholly inapplicable to small traders, and attended with ruinous expense and delay in concerns of greater magnitude ; and which remedy, imperfect as it is, c an only be obtained upon a disso lution of partnership. These various regulations are all classed under dis tinct heads, so that reference is easy to any point on which information is required. Such appear to be the general provisions of a sys tem. substituting for laws, which at present are a reproach to our jurisprudence, a series of regulations calculated to improve the remedy of the creditor, and at the same time to ameliorate the condition of the unfortunate debtor, and to make it the interest both of debtors and creditors to act in conformity with the principle of equity and justice. LAW INTELLIGENCE. COURT OF CHANCERY, May 8. CROPKILL V. CA3II3RIDGE. In this case Mr. Kiudersley, Q.C., with whom was Mr. Metcalfe, moved the Court, on affidavits for an in junction on behalf of Mr. Cropkill, proprietor of the Beverley Iron-works at hull, against Mr. Cambridge, of Market Lavington, Wilts, to restrain him from making or selling any clod-crusher rollers made in imitation of Mr Cropkill's patent ones. The defendant had obtained a patent in October last for a clod crusher similar to the plaintiff's. The Master of the Rolls granted the injunc tion as prayed, the defendant having consented thereto. SECONDARIES' COURT, May 14. ( Before Mr. Secondary PorrEß.) Snail AND ANOTHER V. HOPKINS. The jury were called at eleven o'clock, when no parties being present, they w ere discharged till twelve o'clock, when the above case was called on. The facts were thes e : — The plaintiffs, who reside in Milk were compelled to b r i ng an act i on aga i ns t t h e and issued execution at hi s reques t ; h owever , th e y d s t e r f e e e n t d , a C n i t t , y, agreed to withdraw the execution, and take a bill for the amount of the debt and costs. The bill was g i ven , b u t no t duly honoured, and the plaintiffs then had to bring another action. 'The jury immediately gave a verdict for the plaintiffs. The case did not occ u py five minutes, and the jury who had thus been so unnecessarily detained from their business were discharged with a fee of 4:1. each for their loss of time. COURT OF BANKRUPTCY, May 14. (Before Mr. Commissioner EvANs.) EX PARTE --. At the sitting of the Court a solicit or a dd resse d th e L earne d Commissioner , and said that he had to apply to the Court on the subject of the costs of an application to the Court of Review, an order having been made that the Commissioner should decide whether or not costs should be allowed. The Learned COMMISSIONER—How can I possibly decide whether costs should be allowed for an application to the Court of Review? I know nothing of the case; it is per fectly absurd to ask me. Applicant -- I will briefly state the facts—,-, The Comu isst osEn—l ou will make an ex parte statement, and then ask me at once to give you costs. I cannot do any such thing. Applicant—But, Sir, there is an order of Court, and the Vice-Chancellor has been spoken to; he considers the Com missioner as the proper person to decide the question. orL°r3."ln ssioNER--IVell , I most certainly will not obey the fact, I have no knowledge of the matter, nor have I jurisdiction. Applicant—The Master will not tax the bill unless you sanction it. commissioNEß —l can't assist you. If the Court, hearing the case cannot take upon itself to direct costs, I shall not take upon myself to do it. CENTRAL CRIMINAL COURT OLD COURT. (Before Mr. Baron ALDERSON and Mr. Justice COLTMAN.) TIIE LATE MURDER AT GREENWICIL—Martha Brixey, the young woman who murdered the infant of Mr. Ffinch, of Greenwich, was placed at the bar. Mr. Bodkin, who with Mr. Ballantine, is retained for the prosecution, applied to have her trial appointed for Friday. Mr. Traill, the Magistrate, one of the principal witnesses in the case, could not conveniently attend until that day. Mr. dI.ARKSON, who is engaged to defend the prisoner, did not object to the application. Mr. Baron ALDERSON consequently fixed Friday for her trial. Tits LATE EXPLOSION AT BLACKWALL.—George Lowe, a respectably-dressed middle aged man, surrendered to take his trial fur having by wilful and felonious neglect of his duty, in attending to the generation of steam in a certain steam engine, which was being worked on the sth of March last, in the manufactory of Messrs. Sanauda, the engineers, at Blackwall, caused it to burst, thereby causing the death of Thomas Wright, and others. He was also indicted on the coroner's warrant with the manslaughter of Thomas Wright, Richard Drive, Jonathan Smith, William Neal, and George Chapman. To these charges the prisoner pleaded " Not Guilty." Mr. Bodkin and Air. Ballantine appeared for the prosecu tion; Mr. Clarkson and Mr. INlontague Chambers for the prisoner. Mr. BODKIN having briefly stated the case against the prisoner, proceeded to call the following witnesses to sub stantiate it : Mr. Frederick B ra ithwaite, the engineer, said he saw the boiler on the day of the explosion. It was manufactured by Mr. Fairbairn, of Millwall, and could bear a pressure of nibs. to the square inch without bursting, but the ordinary working pressure ought not to exceed 201bs. to the square inch. One safety .valve, if properly worked, would allow sufficient steam to escape to maintain the boiler at a proper pressure. Cross-examined—Similar boilers were frequently used for high and low pressure. He could not swear that the thick ness of the boiler was % of an inch. It would bear a pressure of 2001bs. to the square inch with cold water. The upper tubes of the boiler were of brass, the lower of iron. The power of brass was double that of iron. Some of the iron tubes had been blown away, while the brass tubes were only blown away at one end. (A section model of the boiler was here produced.) The misconstraction of the pipe at tached to the valve might cause the explosion. By Mr. BALLANTINE—ShouId say the boiler was worked at 1001hz. to the square inch. It might have burst from the generation of too great a quantity of steam in the pipe, but he could not say that that was the cause of the explosion. By Mr. Baron ALDERSON—The valve was improperly constructed, the pipe beinc , 12 or 14 squar e inches in breadth, while the space m a d e b y the opening of the valve was only three square inches. A person working the engine could not observe this defect. If the cylinder was moving sluggishly it would denote that'some impediment prevented the steam from passing into it. John Cockayne--Was employed at Messrs. Samuda's works at the time of the explosion. The boiler had been there about a fortnight. Saw it about a quarter of an hour before the accident. Mr. Lowe and eight men were in the engine-room. Steam was blowing from the safety valve. Had a conversation with Mr. Lowe in the morning: he (Lowe) said he did not know why the engine would not go, as there was plenty of steam ; that that there were 40 or 501bs. of steam and four or five men turning the wheel. She was then going very easy. The engine had not gone fast enough all the morning for them to work by. Heard in his workshop the steam blowing off up to the time of the ex plosion, which would not have been the case if the valve had been closed. _ _ John Guyder recollected the boiler coming on the premises, but could not say whether it was examined or not. Mr. Le - me was busy about the place. Worked the preceding night in attaching some pipes to the boiler. There was some water in the pipes, but did not notice any obstruction. The night was frosty, and the water might have been con verted into ice. The pipe containing the water was 40 or 50 feet long. Mr. Lowe had the same opportunities as he had of seeing the pipes. Did not see Mr. Lowe on the top of the boiler. Did not observe the safety valve. Placed a piece of scaffold-pole against the boiler as a prop, by Mr. Lowe's direction. The steam was then up. The prop made the valve entirely useless. He put a nail in the wood by direction of Mr. Lowe, for the purpose of fixing the string attached to the valve to it, when. of course the valve would be open. Did not tell a man named Taylor, on leaving the inquest room, that he had done for the Scotch b—, nor that he would do for hint again when he got into Newgate. Had never solicited Taylor not to mention what he (witness) had said. Joseph Turner—Was employed at Messrs. Samuda's works. He should say that 30 or 40 lbs. to the square inch would be as much as it could safely bear. Was in the room a few minutes before the explosion. The piece of wood was then against. the boiler. The handle of the safety. valve was placed on the nail. It could not go lower down. This was two or three minutes before the explosion. Steam was but slightly blowing off the safety-valve. Had seen Mr. Lowe once pull the piston rod up and down. There was plenty of water and little fire. The boiler was tested on the Monday, but there was no gauge of the pressure kept. Was at the back of the boiler wlion it exploded. Was not hurt. Mr. Lowe was severely injured. Knew there was plenty of water for the gauge attached to it. Thomas Whitcombe had the management of the fires and the engine. The fires were lit between seren and eight o'clock in the morning. The stick, he should think, was placed against the boiler to keep the valve closed, and to keep up the pressure of the steam. Could not say what was the condition of the valve. To the best of his recollection Mr. Lowe was at the side of the boiler when the stick was blown some distance. Cross-examined by Mr. CLIRKSON—ShouId say there was not a shovel-full of coats in each of the furnaces. They were just about to stop, as the engine would not go. Saw there was something wrong, and had not fed the fires because it was evident that the engine would not work through some defect. On the Monday the boiler was exposed to a pressure of 501bs. or 601ba. to the square inch. There was then a slight leakage in the boiler. James Cole, foreman to Messrs. Samuda's works, vas called. He said Mr. Lowe always bore the character of a cautious engineer, and on the morning of the accident seemed as cautious and as competent to discharge his duty as on other occasions. Mr. Edward Bell, civil engineer, saw the fragments of the boiler on the Monday fo:lowing the explosion.—Judg ing from the appearance of the boiler, he thought it might be worked with safety at a pressure of from 25 to 301bs. to the square inch. The accident might have happened if the valve had been opened to its utmost dimensions. Does not think that an explosion like that which took place would have ensued if the valve had been in proper operation. Should think the pressure at the time was 1001bs. to the square inch ; how much more he could not undertake to say ; the boiler was a low pressure one. He inferred that the valve could not have been acting, as the pressure was consi derably above 100 lbs. Cross-examined by Mr. CLARK,SON—There is a difference between high and low• pressure boilers. High-pressure boilers are generally made circular. The witness then mi nutely detailed his reasons for inferring that the valve was closed. Did not understand how the witnesses who had stated that the steam was blowing off could have arrived at that opinion. Peter Prior, who was on the premises at the time., was called, but his evidence was not important. Mr. Bonus said there were several other witnesses, but he did not think after the evidence that had been adduced that it would be necessary to call them. Mr. Baron ALDERSON then called on Mr. Clarkson to de fend the prisoner. Mr. CLARKSON said, considering the circumstances in which Mr. Lowe was placed at the time of the explosion. did his Lordship think that it was necessary for him to do so? Mr. Baron ALDERSON explained the case to the jury, and left it to them to say whether they would go ou with the case or not. The jury, after conferring for a few moments, found the prisoner got Guilty. Mr. Baron ALDERSON said he did not consider that Mr. Lowe was to blame, and that the occurrence was the result of accident, and did not affect his character as an engineer. None could regret the lamentable consequences more than he did. The jury concurred in this opinion. The prisoner was then arraigned on the Coroner's inquisi tion, and was also acquitted. Mr. Lowe then left the dock. POLICE iNTELLIGENCE. IiIANSION-HO USE. Mr. E. Smith, of George-street, Mansion-house-street was summoned before the Lord Mayor and Sir John I'irie, under the following circumstances, to answer for having refused to deliver up the property of Mrs. Jane Foster. Mr. Humphreys, who attended for the complainant, stated that he believed that Mr. Smith was not impli cated in the transaction in such a manner as to reflect the least dislemour upon him, but it became necessary to summon him, as he was the person in whose pos session the property actually was, and by the Metropo litan Police Act it lay in the power of the magistrates to adjudicate in the matter. The complaint of Mrs. Foster was, that the goods which had been obtained from her by a Mr. Fitzgerald, had been unlawfully deposited at the warehouse of Mr. Smith, and that she could not obtain possession of them. Mrs. Foster deposed that she lived at No. 4, Aske street, Hoxton, and was a widow. She had lived in Sydney-square, and a Mr. Fitzgerald lodged with her there. She was requested by Mr. Fitzgerald to give up that house, and go to live in one iu Arundel street, Strand, and she accordingly took her furniture to that house, which he took, and became his housekeeper, and gave him 161 to pay the required advance o rent. Witness remained in the house from the 29th of Novem ber till the 10th of February. An effort was made on the Ist of February by Mr. 'Fitzgerald to get her out of the house. The gentleman had got married, and he wrote a certificate stating that she was entitled to the furniture, and that she alone should receive it. She was taken away to lodgings from the house by Mr. Fitz gerald, who told her that he only wanted her to be quiet for a short time, and then she should have her property. She could not, in fact, remain any longer in the house. On the 3d of May her furniture was taken out of the house and conveyed to the premises of the de fendant, where she believed it to be at the present mo ment. She had taken a promissory note from Mr. Fitz gerald, payable at the rate of 101. per month, for 501., upon going out of the house, but that note had no refe rence to her furniture, which was worth between 100/. and 2001. A gentleman from the offices of Mr. Cross, solicitor, asked (for the defendant) whether that note had not actually been given in consideration of the purchase of the furniture? The complainant—Not at all. I never received a shilling, or the value of a shilling, with refe rence to my furniture, which was, in fact, the source of my livelihood. They wished to get me out of the house as soon as possible. The defendant's solicitor stated that his client had purchased the furniture of Mr. Fitzgerald in a regular tradesmanlike manner, to which no man could possibly object; and ho called witnesses to prove the bond fide nature of the transaction. Mr. John Cavanagh, of No. 19, Tower-street, St. Martin's-lane, stated that he came to London from Ire land for the purpose of being connected with the press. He was present in February when the complainant left the house in Arundel-street, No. 35, kept by Mr. Fitz gerald. Mr. Fitzgerald offered her, upon the occasion, two 51. notes, and his note for 501, as an acquittance of any claims she might have upon him for the furniture, or anything else. At first she refused the offer, but she afterwards consented to take it. The bill given by Mr. Fitzgerald was payable by instalments of 101. each. The complainant acted as housekeeper to Mr. Fitzgerald. Cross-examined by Mr. HUMPHREYS—Witness came to London to be connected with the press. He had been in no employment since his arrival on the 10th of No vember last. He resided with Mr. Fitzgerald in Arun del-street the greater part of the time. He had con ducted a boarding and day-school in Banagher, in King's county, and he had been connected with the press in Ireland. He had resided with Mr. Fitzgerald at that gentleman's expense, and had been acquainted with him in Ireland, where they met twice. He did not know what Mr. Fitzgerald was, but hoped that Mr. Fitzgerald was a gentleman. Mr. HUMPHREYS—Of what occupation is Mr. Fitz gerald ? Witness—lie is of no occupation that lam aware of. I was given to understand that he was Con nected with the press. He said so. I have no know le •e of that fact. My opinion is that he is not con nected with the press. The witness here requested to state that he had be- Collis acquainted with Mr. Fitzgerald in Ireland, when that gentleman was canvassing for the establishment of a newspaper ; and that Mr. Fitzgerald had proposed to him a partnership in the affair, which proposal was re jeeted. He afidel that the complainant had besought his interference with Mr. Fitzgerald to settle the busi ness, and he was sure that the note for 50/. referred to the furniture, and every other claim which she might have had upon the defendant. Mr. Michael Rafferty, a medical student, res , .ding at No. 35, Arundel-street, Strand, stated that he was pre sent when Mr. Fitzgerald said in the complainant's presence that he had given to her a 501 bill and 10/. in cash for the furniture, and anyi other claims which she might have upon him. The complainant intimated something about a claim for breach of promise of mar riage, but witness underst , od that: the bill and the 101. were given in liquidation of all claims. She had begged of him for God's sake to get her an arrangement with Mr. Fitzgerald. Mr. Humphreys--You say you resided in the very house in which the complainant's furniture was. Pray whet furniture is there now ? Witness—l can't say. Mr. Humphreys—Are all the rooms furnished ? Witness—No. The kitchen is furnished, and a bed• room is furnished. Mr. Humphreys—Do you know to what business Mr. Fitzgerald belongs ? Witness—l do not. The defendant stated that he had paid 151. under pro test upon the seizure of the furniture which was dis posed of to him by Mr. Fitzgerald, to whom he enter tained not the slightest doubt the goods belonged. Mr. Fitzgerald had, in fact, several times applied to him upon this subject, and had stated, that he was going to establish a newspaper, and that immediate payment was indispensable. Mr. Fitzgerald asked him 1001. for the furniture, but he refused to give more than 751. for it, and that sum had been agreed upon, and paid to Mr. Fitzgerald, so that he (defendant) had paid 751. as well as the 151. under the protest. The furniture had been sold by him too, and an attachment had been issued from the Mayor's Court. Mr. Humphreys—lt is very easy to get an attachment issued from the Mayor's Court. 6. Persons who have accepted and executed letters of licence, deeds of composition, &c., registered in the Court according to provisions to be presently men- tioned. The Bill then proceeds with provisions regulating private arrangements between a debtor and his cre ditors, whether by composition-deeds, trust-deeds, or otherwise; and no portion of any code respecting in solvents will probably be of so great pecuniary bene fit to the trading classes as this part of the proposed law. Under all the faults and frauds of the present system, it is notorious that the advantages of private arrangements are so great, that :it is a constant occurrence for a dishonest trader to rob his creditors, and to create a fund for himself, by offering a small when he is able to pay a much larger dividend, the creditors allowing themselves, often knowingly, to be wronged, because persuaded that the estate is not likely to pay over even the trifle offerei, if subjected to the process of a fiat in bankruptcy. The advantages to be de rived from private arrangements are principally these —a larger and earlier dividend is in almost every case obtained, as there is neither the delay which is inse parable from legal proceedings, nor the sacrifice at tending forced sales, nor a diminution in the means of payment by the loss of an established business. Debts owing to the trader are paid in due course, while under a bankruptcy debts 'especially in the case of foreign correspondents, are 'frequently contested, and sometimes wholly lost. Sales made by foreign correspondents show better prices and lower charges when made for the trader himself, than when made for his estate, worked under a bankruptcy ; and, finally, in cases of dispute, !a merchant will obtain much better results for himself than can be obtained for a bankrupt estate, where the only remedy is frequently by hostile proceedings in a foreign court of justice. - On the other hand, the advantages attending private arrangements consist in the necessity of obtaining the concurrence of all the creditors in the absence of any check upon the proof of debts ; in the want of ade quate controul over the proceedings of the trustee in getting in and distributing the assets ; in the danger of the trustee himself becoming insolvent with the assets in his hands ; in the want of controul over the expenses of working the trust ; in the scandalous im munity obtained by a dishonest trader on the one hand, and in occasional oppression on the part of a grasping creditor on the other ; in the insecurity of tithes and property sold under trust deeds ; in the in ability of the trustee to sue in his own name ; and, finally, in the circumstance that any malversation or culpable negligence on the part of the trustee can only be corrected by the slow and costly interposition of the Court of Chancery; while, on the other hand, any creditor, by filing a bill, may transfer the whole administration of the trust to that Court. The operation of the 7th and Bth Victoria, c. 70, is very circumscribed. Its provisions apply only to parties who are not traders ; and even with respect to them the Act gives no relief with respect to debts payable in future, or to contingent liabilities ; and it contains no clauses for the purpose of annulling these proceedings, which are generally resorted to for the purpose of preventing an equal distribution. To avoid the disadvantages, and secure the advan tages of private arrangements, is the object of the next fifty-seven clauses of the Bill, of which the following is a brief summary. It is proposed that a majority of the creditors of any person, whether trader or non-trader, who has not the immediate means of fulfilling his pecuniary engagements, shall have power to bind the whole body of creditors in any agreement for a composition deed, trust deed, letter of licence, &c.; such majority to consist of not less than three-fifths in number, and four-fifths in amount of creditors to the extent of 201. and upwards. Every such agreement to be under seal (in order to secure the advantages which the law now gives to instruments having this formal incident), and to con tain a state of affiirs, dated and signed by the debtor, disclosing a full account of his pecuniary situation, such as the number and amount of his debts, whether admitted or disputed ; the statement of all his assets of whatever description, and various other particu lars relating to his insolvency. Every creditor to be duly served with a notice of the proposed agreement, using the term as signifying every description of arrangement between a debtor and his creditors, whether by letter of licence, trust deed, deed of composition, or other similar com- promise. The judicial confirmation of the agreement to be open to be opposed by creditors who can show that the required majority has been improperly consti tuted, or that some fraud, unknown at the time of signing the agreement, has since come to light, or where notice to any creditor has been fraudulently withheld. If such opposition is effectual the agreement to be annulled, and the creditors remitted to their original rights. The practice of giving preference to some of the creditors is effectually counteracted by such an Act, constituting an act of bankruptcy on the part of the debtor, and also subjecting the creditor to have his debt postponed till the dAts of certain classes of cre ditors are satisfied, and by taking away the coloura ble distinction between payments proceeding wholly from the debtor, and those made under a real or a simulated compulsion. The evils arising at present from the insufficient powers of trustees on the one hand, and from the vir tual unaccountability on the other, are done away with by vesting in the trustees all the property, whether real or personal, of the insolvent, including the debt ors' right of action, and all such property as may de volve on the insolvent before the final dividend, and by giving the trustee power to sell rights of action and to mortgage property where such a course is de sirable; on the other hand, the abuses at present ex isting from trustees keeping assets in their own hands, will be remedied by obliging every trustee to pay all assets into the banks agreed upon by the cre ditors, within one day of receiving such money, under penalty of paying interest at the rate of 20 par cent. for any moneys retained in his hands, besides being liable to fine and imprisonment upon complaint to the court by two creditors. The services of all trustees to be remunerated according to a graduated scale upon the amount of assets realised. A majority of creditors in number and amount to be at liberty to carry on the business of the insolvent if they think it expedient ; but where such continu ance is not unanimously agreed on, and there happens to be a loss, such 1)35 is to be borne rateably among those creditors only who have sanctioned the con tinaance of the business. Next follow a variety of provisions respecting the proof of debts in full, the liabilities of sureties, the remedies for attempts at fraudulent preferences, the power of the trustee to stna and to be sued, and to mike valid conveyances; the right to cancel the agreement if the instalments promised are not made, or if other circumstances occur so as to induce a very large majority of the creditors to desire a revocation of the agreement; and, finally, the classification of the insolvency according to the representation of the trustees, as having occurred through misfortune, im providence, or fraud, for purposes to be presently mentioned. Such is a brief sketch of the provisions by which it is proposed to disencumber of 'their defects, and to r•cnier more efficient, both in safety and in expedition, th)se descrip'ions of compromise which in this, as well as in other countries, form the very great ma joray of the cases in which an insolvent's property is divided rateably among his creditors. We next come to the mode or obtaining a judicial declaration of insolvency, and the consequences of such declaration. And here it will be proper to point out what will be the law of arrest for debt if the provisions of this Bill shall come into operation. Hitherto the law of arrest for debt has been a con stant theme of disagreement among the friends of improvement in legislation. The abolition of arrest upon tnesne process was passed amidst many doubts and misgivings; and arrest after judgment is still a vexed question, having its advocates who insist upon the security of creditor, and opponents who urge the hardship to the debtor. Yet the solution of the difficulties attending this question appears simple enough, now that it is once thought of. The imprisonment of a debtor is justified on two grounds only : the prevention of injury to the cre ditor; and the punishment of misconduct in the debtor. With reference to the former object, the imprisonment of the debtor is often important for the purpose of preventing his concealing or absconding with property which ought to be distributed amongst the creditors, or withdrawing himself from the juris diction of his proper judges. The gra hutted punish ment of misconduct in the shape of recklessness and of fraud, will tend to the prevention of such mis conduct in debtors, and will thus operate for the fu ture benefit of both classes. Had this principle been kept in view, the extra ordinary absurdities of our present law of arrest could never have existed. As our laws at present stand in the Insolvent Debtors Court, every debtor must undergo imprisonment before his petition can be received at all, so that punishment, instead of only following ascertained misconduct, has here to be submitted;to before any trial whatever. On the other hand, a debtor summoned before the Bankruptcy Court, though he may be punished for non-attend , a p nr creditors,ec s e e , yet i nee, osors that fors subject bjt t otiehfcehr reasons embezzled m n b o provisions e z zledknows th ethat to property insure presence, is his punishment n m dr a a k n e ce off fro w m ith th h e is c s o t u o r l t e n o af property p o w t cf i y t o a u l - t f be awaits him, he may, unle ss h e h as ma d e hi s i ntent i ons k an n y ow h n i though his circumstances are in begun by punishingf the In solvent Debtors Court is beforere this very Court. As the syst em of the miscon duct, and then proceeds to examine whether it exists, " castigatque auditque Bolos," the late Act s h ave trans ' Tarred debtors, who would have come under the juris ' diction of this Court, to the jurisdiction of the Com- The LORD MAYOR asked the complainant whether she had any idea of taking Mr. Fitzgerald's bill for 501., and the 101. note, as payment for her furniture ? The Complainant—Never, my Lord. The Solicitor for Mr. - Smith submitted, that after the evidence which had been heard, it would be impossible to look upon Mr. Fitzgerald in any other light than as the owner of the furniture, and that of course Mr. Smith was justified in the course he had pursued. The LORD MAYOR—We cannot shut our eyes to the fact, that it is quite impossible that the complainant could have given, for this bill of 501., furniture which was worth in all probability 1501. Sir JOHN PIRIE—We consider that that bill was given for something else. The LORD MAYOR—Our decision is, that Mr. Smith must give back the furniture to the complainant. The Solicitor to Mr. Smith—We shall appeal against the decision, my Lord. The LORD MAYOR —Very well. We decide that sh• mvst have her furniture. WORSHIP-STREET. On Monday Mary :Inn Wire wag placed at the bar be fore Mr. Bingham. charged with having feloniously in- termarried with onz! George Allender, her first husband, Robert Wire, being then and still living. It appeared that the prisoner was given into custody at the instigation of the first husband, a tailor, to whom she was married on the 13th of June, 1819, at the church of St. Botolph, Aldgate, bat who said that he had lived separate from her for many years past, and who declared that he was entire-ly ignorant of the second marriage until about a twelvemonth ago, since when he had been using every effort to substantiate the fact, and bring the prisoner to justice. Richard Chidley, parish clerk of St. Botolph, pro duced the register of that parish, containing an entry of the first marriage, solemnised on the day above statsd, but had no recollection of the person of either of the parties to it. George Allender, the second husband, a master car penter, was then called, and stated that about twelve years ago he went to lodge in a house occupied by the prisoner in Albany-street, Commercial-road East, shortly after which he paid her his addfesses, and made her an offer of marriage. The prisoner rejected his offer, and stated that she was already married to a man named rtobert Wire, who was at that very time lodging in the same house, in an adjoining room to the wit-• ness's, and living with another woman who passed under his name. The witness said, he was certainly aware that a man and woman of that name did reside in the house, as the prisoner had toll him, but the state ment appeared to him to be so improbable, that he thought it was nothing but a ruse on her part to get rid of him, and he therefore pressed his suit with renewed earnestness, and as an inducement, threatened to quit the house altogether, unless she consented to accept bins. In consequence of this, the prisoner, with some reluc tance, ultimately acceded to his proposal, and they were married in the month of June, about eleven years ago, but he had not the slightest recollection as to what church it took place at, or in what parish the, church was situated. The first husband continued for a long time after the witness's marriage with the prisor er to reside in the same house, and was well acquainted with the circumstances of the second marriage, although he now professed himself to be wholly ignorant of them. The witness spoke in the highest terms of the prisoner, whom he described as a truly excellent woman, and with whom he hal lived in uninterrupted harmony and hap piness ever since the fact took place which formed the ground of the present charge. Police-constable Day, 74 K, produced a copy of an entry in the register of St. Leonard's, Shoreditch, of the marriage, in June, 1832, of George Allender to Mary Anne Wire, which he had compared with the register, and found to be correct, but had no witnesses present to prove the identity of the parties, and the clergyman de clined to attend, upon the ground that he was entitled to a longer notice than had been given him. Mr. Heritage, on behalf of the prisoner, whose family he stated to be of great respectability, contended that the legal evidence of the second marriage was too incon clusive to justify his client being sent to take her trial upon it , but said, that if the Magistrate should be of a contrary opinion, he should be in a condition to prove at the trial, that not only was the first husband entirely cognizant of the whole facts of the priso ner ' s marria g e to Allender, but that the woman with whom Wire co habited was actually in the habit of waiting upon the newly married couple- as an attendant, and that, too, with the first husband's knowledge and sanction. Mr. BINGHAM said, though the corroborative testimony was certainly weak, he felt bound to send the case to a jury ; but, under the extraordinary circumstances at tending the second marriage, he should accept bail for the prisoner's appearance at the Central Criminal Court. The bail, one of whom was an offs ter in her Majesty's service, was immediately put in, and the prisoner left the , Court with her friends. THAMES POLICE. _ . Michael Sullivan, a well-known associate of thieves, who was up at this Court in March last, charged, tegAher with his wife and others, with stealing a number of sove reigns from the person of an engineer, but discharged from failura of the es idence, was on Monday charged with the following daring robbery : Mr. W. Wilcox, master of the schooner Velocity, lying in the St. Katherine Docks, stated that he was procek& ing about one o'clock on Sunday morning, after lamina been with a few friends to t he hotel where he lodged,' when, in passing through White L ion-street, White chapel, he was suddenly knocked down, and his watch, together with a sovereign and a half-sovereign, were forcibly taken from him. A woman, named Lodder, who witnessed the trans action, stated that she saw the prisoner and two others come up to the complainant in White Lion-street. The prisoner seized complainant's watch, which he passed to the others, who made off. He then knocked the com plainant down, and stooped over him in such an ca. tude as led her to suppose he was rifling complainant's pockets. Police-constable 17 H, in consequence of information furnished by the last witness, apprehended the prisoner at two o'clock yesterday morning, at the City of Carlisle public-house, Rosemary-lane. Sullivan, when charged with the robbery, denied all knowledge of it. He had on him 6s. 6(1. in silver, and 9d. in copper. The prisoner, in his defence, again denied any partici pation in the transaction. Mr. BaoDERIP committed the prisoner for trial. SOUTHIV ARK. - - On Monday James ,Harrington, late box book-keeper of the Victoria Theatre, was charged with creating a dis turbance at the stage-entrance of the theatre and ob structing one of the door-keepers in the execution of his duty. Joseph Edgar stated that he was door-keeper at the stage-entrance of the Victoria Theatre, and that he re ceived directions from Mr. Osbaldiston not to admit the defendant under any pretence into that part of the house. Thal about 11 o'clock that morning the defendant pre senLed himself at the stage-entrance, and wanted to enter the lobby, and insisted on his right, but witness refused to permit him, when he said that he would not go unless he was taken into custody. The defendant explained that he had been box book keeper of the theatre, for which situation he paid Mr. Osbaldiston at the rate of 10/. per week, and gave him a sum of money as security, and that at the period of his engagement it was stipulated that he was to have a month's notice previous to quitting. He, however, had been discharged without the necessary notice; and as he had property in the theatre amounting to between 20/. and 401., he went there for the pur pose of obtaining possession of it, but he was refused admission, and although he created no disturbance, nor had he interrupted any person in the execution of his duty, Mr. Osbaldiston called a policeman, gave him into custody, and he was- conveyed to the station-house and locked up in one of the cells. He considered that he had been most shamefully treated, as his only offence, if that could be called one, was proceeding to the theatre to obtain the restoration of his property. Mr. COTTINGIIA.I% told the defendant that by insist ing to enter the theatre was not the way to enforce his claim; that if he had property there and was refused the possession of it, he ought to have adopted a different course —namely, that of applying for a summons against the party who detained it. The magistrate, addressing the complainant, said that he was not justified by law in giving the defendant into custody on such a charge, if he attempted to force himself into the house; th , n the complainant might have removed him, and if he met with resistance in carrying that into effect then he might have called in the aid of the police; but it was clear he had no right to give the man in charge, who had grounds for an action. The defendant was then discharged, and he was in formed he could have a summons against Mr. Osbal diston fur detaining his property. MARLBOROUGH-STREET. James Williams, a young man belonging to the superior class of thieves, was charged with having picked the pockets of several ladies and gentlemen who attended a morning concert at the Hanover. square Rooms. Mr. 011ivier, of Bond-street, said he saw the prisoner attempt the pockets of a friend, and having watched his movements closely, he detected him making similar at tempts on the pockets of several ladies. As soon as the concert was over lie seized him, and, with assistance, conveyed him to the Vine-street station-house. Police-sergeant Whall, C 16, said the prisoner was one of the most daring and successful thieves in London. When brought to the station-house two purses were found on him, which were afterward, found to have been stolen from ladies who had visited the concert. The prisoner had a confederate with him ; but he contrived to escape in the crowd. The police had succeeded in finding out the address of one lady who had been robbed, and it was expected that the address of the second lady would be also discovered. This witness said he had reason to believe the prisoner had been at the same rooms at another concert the previous morning, for the police had received intelligence of the loss of about twenty purses at the concerts on Friday and Saturday week. Mrs. Hunter, of Maddox-street, said she was at the Hanover-square Rooms on Saturday week. The purse now produced was of her own making, and she had it in her possession when she went to the Hanover-square Rooms. Sho missed it as she was about to leave the concert. A police-constable belonging to the M division said, he wished to make a statement with reference to the pri soner's character. Some time ago the prisoner was appre hended for firing off a loaded pistol in the public streets. He had jewellery worth about 20/. about him and other property, and the account he gave of himself to Mr. Cottangham, the Magistrate, was so unsatisfactory, that he was remanded for further inquiry. It was then as certained that he was a notorious thief ; that he had picked one lady's pocket of 750/., and another in an omnibus of 121. On these two charges he was sent for trial, but as neither of the prosecutors appeared he was discharged. He was again apprehended, charged with having stolen the gold chain found on his person from a jeweller's shop in the City, together with other property of the same sort. As there were others in company with the prisoner at the time the robbery was committed, then or/ could not be induced to believe t he p risoner was glty, and he was accordingly acquitte d, and once more turned loose on the public. The next account the witness heard wan that the three persons in the prisoner's conapanY when the City robbery was effected, together with a per son of the same name, and who h e believed was the pri' soner himself, were in custody at Manchester for rob'b berg. The constable added , t hat though the prio was known to have been in custod y and tried several times, there was no proof that he hall ever been con victed. 'The prisoner, who was provided with a solicitor, de" &fined making any defence. He was fully committed on one case, and ordered to bs brought up again in case a se cond charge shoo ld made out. James Mognay, the poor labouring man who dini ri,/, knocked down by a blow with the butt-end of ari whip by an officer, who gave his nam e Walter Marrill for placing hi:; hand on the gentleman's horse to precWe.oo huns-lf and &Ind from being ridden over, cam e ' f his foreman, to this Court, to b g for a small portion the L. penalty inflicted by the roag istrate on the pert° trator of the outrage. The foreman said the poor man h ad been vaable to from to his work, owing to the injury h a had sustained yi?lii the blow on hii head, and as the man had a larg e f l t i bis wholl dependent on him for their bread, he hope of Worship would assign him a part of the fine by companfation f 1r his loss of tim wa rd 1 0 1 e. Pe rt Mr. Al.turnY said 11:, had no powe r to a of the penalty to the poor man. He would, lie would, assist him as far as was in his power. and b r e W o the there prep, orde.r him to be paid half - a-soverjga from oor-box. The monev wa3 handed to the poo r man, Who ep it most thankfully. SINGU LA7R CASE T---OF CON __ North-road,PREGNANCY. Yesterday New 1, afternoon Mr. Wakley, M.P., held an illeese, at the .., o Islington,s a n Branch,nt Shepherd es s h Eliza aged twei 1- the neight Y-°l.w. The inquest excitrd much Were o, • report - "rli''nd, and was held in consequence rho that the deceased had' ted 11 been brutally „rea paramour, that h i u n rsd her accoucheenent had been premature ). ova l caused ..,y med' • not a medicine, and that her medical attendsiod, to spinster,stre,-t Mr- street. regular practitioner. M M lle rie ary h Wil l II :e:Stti::sieplidi; mother of decried, O w n •orked at fringe making at Mr. Wats° l a g fOr stated that her daughter, VI"o. Fore' in a cab excellent ahe h le e f a t l t h h -e , maned Tilts!' herrgrbijileqoTae she comPhs eon' . 1 very ill in the afternoon inp ai a l i d i i her side. Witness suspected' she wasp r e stir e.eonn labour, which she denied. Mr. tlarnilten, "rose as sent for, who said that her swollen alnenoppy arose ' v' f . from wind, and ordered her to be bathed with his heads, and also prescribed medicine. fle reP e Pb - 0 A lso visit in the evening, accompanied by Mr. DO , II .110 ,4 prescribed for her. She continued tog et worse anti till, Thursday night, when she suddenly gave birth ~t°,s„;(lal born inn.. child. About half past three o'clock on 'D"" - e ves, she said she was sleepy, and closed her SO. and n s t h n t e ; Wets .uirtly afterwards expired without a groisnto. wori c deposed that when deceased came the al' on . Thursday she was very ill, and that roan tributed i h her illness to a kick she received fro o a of w w htoswe hom she lived, on the previous Sune sY ' r e Or plained. cruel treatment she had constantly her or Witness, suspecting that she was near field, i t s., o f finement, had her conveyed home in a cab. toga on being recalled, saidshe had the slightes not neverA Os her daughter's rrh day, an d ' 3ir . pregnancy until .....UTS „. 01 . 0 , convinced ' of ' James it until the child was suddenly u rti doSte o _ C. Dow, Donlan-road, Islington. wa s $ g r„ l ie accompanied Andrew',, but had not an English diPles!:tiooer, Mr. Hamilton, who was not a toraier, on bath ad finished his studie's deceased's in e g l e bus , to.. r, Thursday • nighty She was then in extreme daug e fib. • Coo. evinced no symptoms of approaching pari,nr.ti j 0 . 0 0 complained of a pain in her side, and suffLeresrty of a brea pa h lpitation of the heart and a diolo tile' t ing, which almost suffocated her- ..,cemelle her,.oil fri: di and y prescribed sulphate of magnesia, tarta" ita is, calomel and opium. He attended her o , to b I9 day and Saturday, but ascertained that, contra._ bsk li ders, rum had been given her, which threW pneo•olo6 one was s suddenly summoned to attend her at ten ea° birth to night, wh-n he found that she , l i n g st , to a still-born seven months' child. os wag . ly c ° 'el tended to her wants, he left her comparative , she ds . able, but was informed on the next morning tha:siton; during the night. Mr. Bateman, surgeon, 6, 'Laid abed eell,. performed a post mortein eVitninatioo, sod bas: _t she died of an inflammation of the pleursA•Ail tres, Nothing could have • 1-1 r o' l- fro" saved her life. e t the lis ment was . most excellent. Mr. DOW said t hat _ o ats , crowde 1 room inwhich decease died was II ; et , oti . , he r i e ..„ 1 1- wholesome. He found one person lying a'' ''..,,sseel is another at her side. Several persons exPr i , wo s e' horror at the small size of the room, wine' iodic se vers wretchell • , v ventilated, and was occupied by viduals. V r • dict—" t1ea°.,..1.:,..,....,. Verdict—" _ . Natural • -tr• 41 ) • ____--------•____ -- -----_,v. itil 4.• . MARKET NEWS. (1n 1 - 1- • 31 ,1 CORN ExclgAcil°. rates lot to The supply' of Engli , ,h "Wheat on sul e W r , as r eh S ti e d, yet the demand fur that article ." a Ye ' siuggi pled was , difficulty suP me and Monday's quotations were wit% Foroga Wheat, 1;;(1 We have scarcely any sales to report i . parley or in bond, yet the rates ruled about stationer)he pat u p- Malt w o -e nd, was re very dull, though not cheap Fr. 1- or dull, but Beans and Peas were quite as d . iod. soutivALs. Oats. % el 1 Barley. i 290 ../ 1,180 qrs. •,-- 2,78 0 ___ 9,110 Wheat. 3,160 qrs. English • • • • • • Iri3h Foreign .. • • - , 3,620 I 5,250 1 There was only a moderate Supply .9, CO Malt, 2,130 qrs. offe r ' oh VrlTZTEe=maprlis ton 13 a , Alea the demand was rather inactive, at our 4" Loroh , oo. from 2s 6d to 3s 6d; Mutton, 3s 4d to 4s 10d; 44 , per' to 55 8d; Veal, 3s 6d t 4 8.1; I Pork , 35 ° I° . ........... tsf y, d DEATH OF R. B. COOPER, ESQ., theiS ecess.d,hogijd GLoucEsrEa.—We much regret to rev" t ins lu l . i erri r Robert Bransby Cooper, Esq., who expired Ml_ t he n t ob: at the residence of his son, near Gloucester• if t he Ti t , 0 1 ; of an extensive sphere of Christian beneficenso,oorepoe,', ect of his existence was to relieve the necen a tbit t bill t tigate the distresses of suffering humanity. it bior ega riP' it may be truly said, " When the eye s a ` v 'd i i du e eal i sur ef In his walk as a Christian, while he evce a o si!t_ io rl a i conscientious differences in opinion, he was,.. f relir te lePs porter and bright exemplar of that form v. t he Y mote 0 0 0 • A tlie which he deemed best calculated tO P r f : . /010 11 _,..e . otr"gir. advancement and spiritual felicity of er rer-0 , ,0 , end was, as his life, one of peace. gr. Col n , a thre e I v alit icl d of city cf Gloucester for twelve years, an _ ter 0 5 it otie - p i , Parliaments. The consistency of his c harac .. co net„. e ne . . i , '.,,,tations. 0 1,,_ and as a steady defender of the Protesfeantibtbor 0 4100 5 0 7 i these realms, is well known. He w as the a _ el ire,. e 0 0 , 4 ,, editions. Mr. Cooper was senior insigist ligious and political works, which have 1 3 ‘1 :, for t pe u r , 13: 1 "0 of Gloucester, a brother of the late Sir M ae was Ci llll' and an uncle of the present Baronet. •L` 0 5 (10 * year.,—St. James's Chronicle. tter C°°iol;l4 ~,, gg itP t fe f 0° BURGLARY AND ATTEMPT.— , the i ss fac t is% selaa re ; ol 00,1 s te,„,ill - sensation has been caused during bg , the 00 0 0 in the neighbourhood of Finsbury burglary having been committed ear l 9 o , mr, Fe of last, on the premises in the occupationldia. leaistancka grocer and pleasure-car proprietor,' street, Finsbury, which was attenae 01 . the oce er tp , grs., great violence to Mrs. Foot, the wif e ear s that aft er pit' inquiries since the occurrence, it OP an d shw t iad vis s olY e'With nire:gert..sllolY was closed on Saturday night last+, the day,e was glideti Foot had counted up the proceeds Tiard, A ler t° the r Sbe' ceecling with the till across the bs. c T, fell— he r OW fit, obi' i in her h us 0 3i , struck a blow upon the head, „sibie"ng .1, he dig and instantly rendered her iase''. la. _ a rni l Ae a,.., ~,, 1, et Cr lC' , Oa r ", the ''' eerf moaned most piteously, an d i-Lv towain 0 0' ~ who has been for some time egg' mete d t og 0 0, h ch e% mooed up all his energies, and ettelsiveWga fSO i% „ d i on the top of the stairs. From e' t ' n a state to e v i e d h i l l el; the sufferer fell in the passaP,_„ l "tnuc h te vng Wit olin d e haustion that the circumstance ai''',,tas Writ te i n siVe ger :4 very. Meantime the poor worgan,l.,,te ( ni ex coolisste copious streams of blood flowing ', N ot ing eliTintlf.,ig 0 00 , the front of the head. A neigh"°fonale, in s d lis ql a il a ing heard the cries of the injured _ eede d, anw a ils, ° o p, :;, to the spot whence the sound Pri`, tt. T. Ai r . co iled we, I cured the assistance of the police , f ae , Wa s oo r ere s piec e f, of 9, Windmill-street, Finsbury-liof t he P i 8 jorge t bst 1 0 the premises, as well as the wouncte € she ' el doab t boal 1(4 amined. Close by the spot where she, little ~„, ~a . b,.‘ wood was found, with which there is woos."00:0", rIPO blow was struck. The unfor ta tes eetel l s er ain_,loo covered with blood. The wound p length to the d i v idivv o ' l e Ol i o appearance, extending for some . eow ie W 55 for sn tbe si' , , o t main artery connected with the , _ Ol . ~.r e of _ s is "n number of the minor vessels were:isact adeptf r a t i o t 0 1; 0 pu b , after the occurrence, it was feared 01 evblee°l'iddlLtbilt.nt had taken place, nor is it now qu i t deploralpoot- to co d , the case, as the sufferer is in a m os nt is it ~ ,`"e tiel it e osi ' the consequence of the outrage , I:1' for s nie 0 ' will be able to rise from her he ared the will gr r When found, the poor woman „,..------ i -- d o) tents of which were cafe. _ _----- ' tb eo.7 Illlillig' Old" id , I u oliter• t o 5 • iir9P the Rev. J. R. Dunne, of a (IA ..., uetta , alr." ' On the 7th inst., at Hunadon, On the 7th inst., at Chadderton, ne ar Idc o tt ive ' tike Calvert, Esq.. of twins. . ....street, '9° _got On the 9th inst., at St. Town" - f Eini 0 4 o J. Barfield, of a son. Alfred Biter, ~f 051" On the 10th inst., airs. df v g ,, e l 5 f,le Dingle, Liverpool, of a son. , ?loaf , ' t b Tallents, Esq., of a daughter, Wu ,"'_'',, e _ t he is ' 40 01, On the 1 lth inst., at Neware.,...,_re, ,„ a ,, of °. t os On the 11th inst., at Cadogan-Pls' ' el o f 0 5cl'n croft, Esq., of a daughter. _A l ice, bter• dill On the 12th inst., at Thurlow ( 1 . , ,f a (105. w , 1.0, wife of Hector Gavin, Esq. , 11 ' 1 ,' D liii, lkir s ' of On the 12th inst., at gaiun" ate iiiiii daughter. Acton , On the 12th inst., a Fairlawn, Kelsall, Esq., of a son. Pi to e 4( ics, t o• 111,1,701/El3 • Viet wrigb On the 29th ult. at the parish chrch, so ses' Fyfe, Esq., of • ' ..r.......ingt0n, to Ashton, near v , 4. . . , the ib tet Portland-street, Glasgow. eik r .1! P ib i l l 4 ti AL* On the 10th inst., at St. Anne's ‘f- tt ` ' the - -ft Robert Mann, of Saxtnundham, togartie, of the Right Hon. Sir Edward Sugdeli• b eg, betli 1/101)11 PrEP. 0 gr, On the 7th inst„ at Eastbourne, i‘l,,tsf the late of Ringmer, near LeNVeS, Sussex, relie- H. Hughes. i' is 3ifirg 0,1, On the 10th inst., at Herrle•bill, FerlC FA, youngest daughter of Frederick R ow road' s. j:fi r s e:t:: :: On the 10th inst., at Grove End'rlinier, P4' t oe , 3 Charlotte, third daughter of the late A.,. ‹,t1151. , ot On the 10th inst., in Spencer-parao%-fti, 000119 ( a a t late of Staple Hall, Fenny StrAti leditcb, ' „ On the 10th inst., in High-street• c3Snl.::*rrrotteefi' :s daughter of Mr. and Mrs. are V On the Ilth inst., at White gart-lAgi'ci,e-oi-e-pa-r-d4 the wife of G. A. Cottrell, Esq., of the P' rrt?,.,,, V." _________ „,.....,„„... 7 On the Ilth inst., at Beauroontsr o f Sow Ann, relict of the late John Turner, sq., Erdington, near Birulingha nt. ..1 0, °I - 0 ft*' 111 „foil) , . 9 London : Printed and Pabl!shad /_ ."' Otoce'o,o4 No. 112, Strand, Printer. at Do Ssoz. &be Stra id. in t.bs Preeizet of the SOO, "' 14. 8 45 ' Middlesex, Wednesday. Ala ' 1 , el