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

LAWS OF BANKRUPTCY AND INSCTINENCY. (From the ellorning 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 ware embodied in a Bill brought into the House of Lords in the last session, the provisions of which alO not appear to be generally known. ; The want of far deeper and more systematic re . Sornas 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 iffir laws affecting the persons and property of bank -rupts and insolvents, abrogating the inconsistent and often cruel provisions of ?ornier legislation, and sub stituting provision - 5 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 Ripon any basis of principle, but resulting from what may almost 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 of infinitely greater importance, productive of con fluences 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 man should feel that the laws of his country will overtake him with punishment if dis honest steps are taken to escape from present difficul tks, 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 judgels said to have observed from - the bench, that our bankrupt laws are such that a trades man may be supposed to owe it to his family to fail twice in his life. In any attempt to reform these laws, the only opposition 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,merelybecause 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 prudence, induced the late Government to entrust the investigation of the subject to the Commission ap pointed in 1840. The Commissioners published a great mass 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 abuses perpetrated under the sanction of • law, But 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 members of th ,, , Commission. The inefficient character of this document may, 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, acquies eed in some sort of compromise of their various opinions, resulting in the unsatisfactory docu ment published as the report of the Commissioners. The beedships and abuses exhibited in the evidence taken under the commission led to the adoption of some immediate measures of improvement introduced by Lord Brougham. .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 effected by thus engrafting measures of improvement upon an Incurably vicious system. Accordingly, after an examination of the whole law of debtor and credftor, 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 ern 'bodied in a bill containing provisions which embrace the whole law of commercial and non-commercial -iniolvency, prepared by Mr. Sergeant Manning. The WI, though drawn by order of the Government, was brought into thellouse of Lords, not by any mem ber of the administration, but by Lord Brougham, at whose suegestion 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 to parti cular branches of the law of insolvency, the one brought in by Lord Cottenham, 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 followine. foreign Codes had been consulted : —The French Code de Commerce of 1807-8, and the enactments substituted for this Code by the law of 1838; 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 off' Bankruptcy, enacted by Congress in 1841, and re pealed in 1843 ; the Law of Cessio Bonorum, in Scotland and France, and the proposed Code of Laws for the kingdom of Wirtemburg. The first point provided for is the consolidation of the jurisdictions 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 Mr. 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 dbviated when every advantage in the process of the Insolvent Debtors' Court is a lopted. The ano maly of two distinct courts having jurisdiction over the same class of subjects has not arisen from any principle, from any 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 rateable distribution of the debtor's property, and with no other object whatever; while the In solvent Debtors' Court was opened solely with a view to the relief of the imprisoned debtor. One court could afford no protection to an unfortunate and persecuted debtor ; the other could not enforce the payment of one shilling of what was due to the creditor. The successive provisions by which these defective enactments have been patched up still leave it a matter of what may almost be called accident, whether a man in insolvent circumstances is brought bat° a court where the dishonest escape with nearly complete impunity, or into a court where the innocent must submit to a preliminary punishment as the in dispensable foundation of its jurisdiction. Passing from the constitution of the Court, the sextquestion considered by the Bill is, who are to be the subjects of its jurisdiction. And on this point it hnotorious that seine difference of opinion, perhaps more isppaxent than real, has been expressed by the highest authorities. Lord Cottenham introduced a Bill making a summary process universal for persons of all ranks and conditions. Lord Brougham thought Viet some limitations 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 summary 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. The Lord Chancellor, without committing Leirnself to either opinion, remarked that it was a question that required mature consideration. " lle did not mean to say it was wrote , to frame a Bill in the manner in w hi c h th e 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 otsqht to proceed cautiously to inquire, to examine to inyeetigate—that was a ll th at he suggested. " ' . t . ... By - the plan detailed in the Bill of May, 1844, various objections which have bee; iv suf o gested' appear e ts be obviated.- It is prop ose d t o a new court, to be called the Court "of Insolven c y, jurisdiction over the_ following classes of debtors :- 1. Habitual traders who are subject to the present bankrupt laws. 2.. Persons who, rwt being habitual trader,, are in delytel in respect of contracts of a commercial cha racter, so as to g've to creditors, in respect of bills of exchange or other dealings of a commercial nature, the same remedies for 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 inodern usages of the provisions of the statutes of 11 and 13 Edward 1., de ilfercatoribus, 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 reddrd, whether by judgment or otherwise; debtors otwiiich class are at present, tip a certain extent, sub leCt to the jurisdiction of the Insolvent Debtors Court. , -tifi,- .Insolvents who are in possession, or have the W ' I d4sltiolbf money in a fiduciary character , a prov ision (---- ~,, -ati4ififout interfering with the right of pa rties i ,-, "1,64-064tctchancery, promises to afford a more ready ' j -1:411 ._ atfii4eAremedy than at present exists in cases of ;Q ,-- . 1 521aviaR or insolvency of guardians, executors , 0r:5413c - trikees. -b-:,N 1* A N :'4 THE SU N, LO NOON, 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- tinned. . _ 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, fa 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 how gives to instruments having this formal incident), and to con tain a state of affairs, 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 thQ 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 132 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 coma 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 debts of certain clas3e3 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 keepinc , 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 percent. 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 loss is to be borne rateably among those creditors only who have sanctioned the con tinuance 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 sue and to be sued, and to make 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, fur 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 render more efficient, both in safety and in expedition, those descriptions of compromise which in this, as well as in other countries, form the very great ma jority of the cases in which an insolvent's property is divided rateably among his creditors. We next come to the mole of 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 mesne 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 the 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 grounis 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 graduated 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 imprisonment Debtors Court, every debtor must u prisonment before his petition can be received at all, so that punishment, instead of only following ascertained misconduct, has here to be submitted Ito b e f ore any tr i a l whatever. On the other debt h esummoned punishedbefore thefor non-attend Bankruptcy ante, yet hand, cou a d Court, , though is subject t o no prov i s i ons to insure his presence, so that if he embezzled the property of his creditors, or for other reasons k nows that punishment awaits him, he may, unless he has m a d e his intentions known, make off with his stolen property without any hindrance from the Court of Bankruptcy, al though his circumstances are in a course of proof before this very Court. As the system of the In solvent Debtors Court is begun by punishing miscon duct, and then proceeds to examine whether it exists, " castigatque auditque dolos," the late Acts have trans ferred debtors, who would have come under the juris diction of this Court, to the jurisdiction of he Com missionurs of Bankruptcy. But the measures by which these Acts prevent the insolvent from being punished, unfortunately open a wide door fur 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 Th3se 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 resp , ct 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 sum:nons is dis obeved. 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 at 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 and 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 i 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 whollyunpro- 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 and 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 Vict., c. 96, deprived creditors of their only of ective 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 cspital was inrested 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 sudden 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 family 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 call, 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 himself, 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 se• served for a period when the stocks had become ge ne;ally 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 othessi, will be stopped by the proposed enactments. By the Bill in question it is proposed that in every case 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. Atterminated debtors, and insolvents by misad venture, the former term familiar to the legal anti quary, being revived for the purpose of designating those debtors who, with the cbnsent of a majority of their creditors, obtain time for 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 classification, 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. lin nsolvents estp yre,absolved sbn , 3t obiyvemisadventure, positionfr omo f certificated liability w il f o l r b me bankrupts, placed ant he kriu rofso,that is nearlytm aformer debts, with thi s exception, that once inthreey m ea b r e s ; if one-third of such insrlvent's creditors in number PITJIISDAY EVENING, MAY 15, 1845. 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 steeces, 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 he made by he insolvent in respect to his former iiebili ties. By this regulation the honest but unfortunate debtor will be left unfettered to pursue his avocations fur the benefit of himself and his fetidly ; 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 favourable 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 for 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 absorbad 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,Jf prosperity should attend his labonys, 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 20/., and the court to have power to overrule s;11 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;can 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 ba 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. SINGULAR CASE OF CONCEALED PREGNANCY. Yesterday afternoon Mr. Wakley, M.P., held an inquest at the New Rosemary Branch, Shepherdess Cottage, New North-road, Islington, on the body of Elizabeth Field, aged twenty-one. The inquest excited much interest in the neighbourhood, and was held in consequence of a report that the deceased had been brutally treated by her paramour, that her accouchenaent had been prematurely caused by medicine, and that her medical attendant was not a regular practitioner. Mary Anne Field, the mother of deceased, stated that her daughter, who was a spinster, worked of fringe making at Mr. Watson's, Fore street. On Thursday she left home in the morning for Mr. Watson's in excellent health, and was brought home in a cab very ill in the afternoon. She complained of a pain in her side. Witness suspected she was pregnant and in labour, which she denied. Mr. Hamilton, a sur geon, was sent for, who said that her swollen appearance arose from wind, and ordered her to be bathed with poppy heads, and also prescribed medicine. He repeated his visit in the evening, accompanied by Mr. Dow, who also prescribed for her. She continued to get worse until last Thursday night, when she suddenly gave birth to a still born child. About half.past three o'clock on Saturday morning she said she was sleepy, and closed her eyes, and shortly afterwards expired without a groan. Mrs. Watson deposed that when deceased came to work on Thursday s h e was very ill, and that she at tributed her illness to a kick she received from the man with whom she lived, on the previous Sunday, and of whose cruel treatment she had constantly before com plained. Witness, suspecting that she was near her con finement, had her conveyed home in a cab. Mrs. Field, on being recalled, said she never had the slightest idea of her daughter's pregnancy until Thursday, and was not convinced of it until the child was suddenly born. Mr. James C. Dow, Doulan -road, Islington, was a graduate of St. Andrew's, but had not an English diploma. He accompanied Mr. Hamilton, who was not a practitioner, but had finished hi s studies, to d eceased's lodgings , on Thursday night. S he was then i n extreme danger, but evinced no sy mptoms of approaching parturition. She complained of a pain in her side, and suffered from a palpitation of the heart and a difficulty of breathing, which almost suffocated her. He bled her, and prescribed sulphate of magnesia, tartaric emetic digitalis, calomel and opium. He attended her on Fri day and Saturday, but ascertained that, contrary to his orders, rum had be en g iven her, which th rew her bac k. lie wa; suddenly sum moned to attend he r at ten o'clock when he found that she had given sev, n months' child. Having at • he left her comparatively comfort able,bot l n r t d li ed t but was inform ed on the next mornin g that she died Saturday o ai lesit.ill -aibgtoihtrstn: during the night. Mr. Bateman, surgeon, 6, Islington green, performed a post modem examination, and found that she died of an inflammation of the pleura and lungs. Nothing could have saved her life. Her medical treat ment was most excellent. Mr. Dow said that the narrow crowded room in which deceased died was most un wholesome. He found one person lying at her feet, and another at her side. Several persons expressed their horror at the small size of the room, which was most wretchedly ventilated, and was occupied by several indi viduals. Verdict—" Natural death." RAILWAY CirMMITTEES. (YESTERDAY.) Gro V. NOTTINGHAM AND LINCOLN EXTENSION LINE. ( Continued from our Afternoon Edition of y esterda y .) The other clauses proposed by the promoters were agreed to seriatim. Mr. HILL then, for the Corporation of Nottingham, pro posed the insertion of certain clauses to protect their interests, which were all, with some verbal alteratio ns, also a g reed to. Mr. HILL said that he had also, on t he p art of the Navi gation Company, to propose the inser tion .of several clauses, but first he shoulii call several witnesse s to show the injury which would be done to the interests of those persons who used the canal by the narrowing of the water-way and towing path, and the lowering of the headway orthe bridges. Four or five witnesses were th e n called to support this view, and Mr. HILL then proposed a clause retaining . the present width of the canal and towing-path, and the height of head way. 11 feet 6 inches, instead of 10 feet 6 inches, as proposed by the Railway Company. Mr. AUSTIN replied. The CtrattntAN said that the Comm ittee were of opinion that 11 feet should be the headway of the brid g es, and that the span proposed by the Railway C om p an y should be adopted. The Committee then adjourned till twelve to-morrow. (Group F.) LONDON, WORCESTER, AND SOUTH STAFFORD SHIRE RAILWAY. (Continued from our Afternoon Edition of yesterday.) Mr. WCONNELL examined by Mr. Sergeant WRANG LIAM.—The inconvenience on the Gloucester line greatly deters merchants from sending goods by the line. Any improvement of that inconvenienc e would occasion considerable outlay. A great incon venience resulted in the transhipmeut guage, many persons being separated from their friends for the remedying passengers, fr om the break of who happen to get i n to the carriage first. Ever y p lan of this difficulty was open to great objection. Cross-examined by Mr. Cocanumr.—Was acquainted with the Birmingham station, There is a large staff of porters at that station, but not for th e p ur p ose of trans ferring the goods from one carriage to another. The traffic at that station was so great, that it required a great many porters. If there were no change of gauge at Gloucester, where two engines were now required, one would be sufficient. Was of opinion that no new • mechanical contrivance would answer practically the difficulty on that line. Had made drawings of plans for remedying the difficulty, but so satisfied was he that no plans, however well carried out, would answer the deficiency, that he did not go to the expense of making any experiment. 'Was of opinion, about a month ago, that a broad gauge would remedy the defect. Had changed that opinion. Re-examined by Mr. S. WRANGIIAM.—Was once of opiniQn that the broad gauge engine would be of great advantage. He had altered that opinion, inasmuch as subsequent experiments on other lines prove its in adequacy. Mr. W. Bass examined by Mr. llmmtvano—ls agent to the Messrs. Pickfurd, the carriers ; they are the largest carriers in the kingdom. Is agent for all their traffic from Colnbrook Dale to Plymouth. Is quite aware of the great inconvenience arising from the gauge at the Bristol junction of the Gloucester Railway. The goods brought from Bristol to Gloucester are, oils, loather, wool, iron, wood, and groceries. The gates of the Gloucester line are closed two hours before the Bristol and London gates. This was occasioned by the great delay for regulating the alteration of the gauge. Was acquainted with Mr. Jones, one of the Directors of the Gloucester line. He oppssed the adoption of the broad gauge, but he was outvoted by his brother Directors. The inhabitants at Gloucester exceedingly regretted the alteration of the gauges at the junction of the British and Gloucester lines. The maximum weight allowed to be carried on the narrow gauge was six tons ; but there was no limit on the broad gauge. Cross-examined by Mr. Sergeant KINGLAKE—The broad gauge was a very good one for passenger traffic. There was fish coming from Torbay to Bristol, which is conveyed from that place to Devon. The gates of the Bristol and Gloucester station are closed two hours be fore the gates of the Bristol and London line. The trains of the former certainly start two hours before the trains of the latter line. This two hours start was neces sary in consequence of the difference of gauge. This witness was briefly re-examined by Mr. HIL DIYARD. Mr. J. D. Payne examined by Mr. Sergeant WRANG HAM—Is manager of the goods traffic on the Birmingham line. Had been manager of the goods traffic on ,the Bristol and Gloucester line, and was well acquainted with the traffic of that line. There had been an altera tion in the gauge of that line. The alteration had occa sioned much delay and great inconvenience. The accom modation gained by the alteration had been to make larger shedding. The trade from Bristol to Gloucester is very little compared to the traffic from Birmingham to Gloucester. The latter traffic is very great. If the break of the gauge took place at Birmingham, there would be 700 tons of merchandise per week conveyed from the latter place to Gloucester. if it took place a Bristol, there would be no more than 40 tons per week conveyed from that place to Gloucester. Made this calculation from the present amount of traffic between Bristol and Gloucester. Various claims had been laid against the Gloucester Cumpany for damage to goods, and large sums had been paid. The damage was occasioned by the great delay in transferring the merchandise ; knew of an instance where the Company tried to carry 40 or 50 tons of oysters to Manchester so as to have them in the market by a Whitsun Monday, that being a great day in Manchester for such a luxury. —(Lapghter.) A special train was put on, but only 10 tons were conveyed in time. Cross-examined by Mr. TALBOT—That caused a great disappointment to the lovers of oysters in Manchester, to be sure they were not such as he (Mr. Talbot) would like to eat, they were not the primest—(Great laughter) —but they were not a bad quality. Could not say that they would have arrived in time if the broad gauge had been in use ; the delay occasioned by adopting that gauge on the line would be very considerable. Captain Laws examined by Mr. Sergeant WRANGTIA3I manager of the Manchester and Leeds Railway Company. The principal traffic on that railway was wool and manufactured goods. Bristol wa3 the great depot for leather ; it was brought from parts surround ing Bristol and there warehoused. The retail and whole sale dealers went from the various provinces to thatplace to make their purchases. The trade there in iron was also considerable. The traffic through the town of Bristol was comparatively trifling for so large a depot. Goods were generally conveyed from that seaport to Wales by water. Steam-boat traffic would be a great competitor with a railway from Bristol into Wales. This would be caused by the cheap mode of conveyance afforded by steamers and other vessels, for if the latter conveyed goods at Is. Gd. per ton cheaper than a railway the preference would be given, and vice versa if the railway were as cheap it would take up the traffic. Manchester was not supplied with groceries generally from Bristol; remembered an instance of some loaf sugar having been brought there from that port. The supply of groceries for Manchester came direct from London. There was a clause in existence limiting the profit of railway companies to ten per cent. on the carriage of goods. The clause was introduced by the late Duke of Sutherland, but it was wholly inoperative from the fact that ten per cent. was never realised on goods and tolls for carriage. On passenger traffic and luggage, there was no limit to profit, as such was not comprised under the Act. It was, however, in the power of the Legislature to make such an Act as would limit the gross profits to ten per cent. It would be a wise law, and one from which no hardship could arise. It could be: easily carried, inasmuch as the companies could be made to show their books, and the result would be that railway travelling would be generally less exor bitant, as the charges would have to be reduced when the profits wero higher. The witness was briefly cross-examined by Mr. TALBOT, but nothing of the slightest importance was elicited. Mr. Ellis, of Leicester, was then called, but just as his examination commenced the Committee adjourned at five o'eloek to twelve o'clock to-morrow. LAW INTELLIGENCE. COURT OF CHANCERY, May 8. CROPKILL V. CAMBRIDGE. In this case Mr. Kindersley, 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. COURT OF QUEEN'S BENCH, Guildhall, May 14. (Sittings at Nisi Prins before Lord DENMAN and a Common Jury.) MARY ANNE PHILLIPS v.:WORSELEY. Mr. Crowder, :Mr. M. Chambers, and Mr. Char. Rock appeared for the plaintiff; Mr. Cockburn, Mr. Warren, and Mr. Bovill were engaged for the defence. The action was brought to recover compensation in damages for the injury which the plaintiff had sustained by reason of the defendant having broken a promise of marriage which he made to her. It appeared that the plaintiff is the daughter of a person who was once the treasurer of Covent-garden Theatre, but has more re cently been the landlord of some three or four public houses or taverns in and near the metropolis, of which the latest was the Swan, in llungerford-market. He became unsuccessful in this latter occupation, and was obliged to give it up, and as he had a largo family, six daughters and one son, the plaintiff, who had become acquainted with the duties of a barmaid, procured em ployment in that situation at some two or three houses. of which the latest was that of Mr. Doyle, in Chandos street, called the Marquis of Granby, where she became acquainted with the defendant, who is a saddler, and a person of some considerable property, residing in South Audley-street. Miss Phillips had entered into some previous engagement with a person of the name of Ponder, which, however, was broken off before her intimacy with the present defendant. An offer of marriage having been made and accepted, the parties continued to live upon the footing usual upon such occasions, until a person called Metcalfe communi cated to the defendant some facts concerning the lady, which statement the defendant conveyed to the plaintiff herself, declaring at the same time that he believed it to be true, and that he should put an end to the contract of marriage accordingly. The plaintiff demanded the name of her accuser and the particulars of the accusation, but no distinct answer appeared to have been given to her upon the subject. It seemed, however, that the indivi dual who was said to have been improperly intimate with her was a Mr. Honey, the husband of the actress of that name, who had died nine years before the circu lation of the report, and whose acquaintance with Miss Phillips and her family existed when she was only 14 years old. The efforts of the lady to procure an oppor tunity of justifying her conduct were very energetic, as were her protestations of her; own innocence. The de fendant, however, continued inexorable upon the subject of the marriage, and the present action was accordingly brought. The declaration was in the usual form. The defendant pleaded in justification, that after making the promise in question he discovered that the plaintiff was a person of loose, unchaste, and immodest character and conduct; that she had appeared upon the stage of seve ral theatres in male and indelicate attire, and that she had actually had illicit intercourse with a person of the name of Lowry upon several occasions which were spe cifically set forth, and had upon other occasions, and with other persons, been guilty of improper and indecent familiarity. Mr. CROWDER, having stated the case of the plaintiff, called the following witnesses:— Charles Jay said that he was a coalmerchant at Black wall, and a fishmonger at Hungerford-market. He had married an elder sister of the plaintiff, and he detailed some of the circumstances which we have already men tioned about the commencement of the acquaintance between the parties, and the footing upon which they lived before the breaking off of the engagement. With r‘gard to the fact of the plaintiff having appeared upon the boards of some two or three theatres, the witness deposed that the defendant upon one occasion told him that the plaintiff had acknowledged to her lover that she had been upon the stage, and that he (the defendant) was perfectly satisfied with her statements and explana tions upon that subject, and that no change in his con duct or deportment was at all made in consequence of that information. The witness himself was not aware of the fact that the young lady had appeared upon the stage at all. The witness stated, on cross-examination, that two sisters of the plaintiff and of witness's own wife were married, but he said that he did not know whether one of the husbands was a private in the Foot Guards, and the other a private in the Blues. It was no business of his to know who his sisters-in-law were married to. He did not know whether the proposed marriage of the plaintiff and defendant was known to the plaintiff's mother, or whether the plaintiff had the consent of her family for going on the stage. A person named llumphreys, and another named Phillip:, the brother of the plaintiff, deposed to some of the facts already mentioned, and they both stated that they took all possible pains, but without effect, upon the part of the plaintiff, to procure from the defendant and his attorneys the fullest information upon the nature of the imputation and the source from which it proceeded. The plaintiff's brother deposed that he offered to release the defendant from all personal responsibility if he would only furnish the name of the party by whom the infor- illation was given. Evidence was also given to prove that the defendant, besides his establishment, had received more than 5,000/. at his father's death, and had other prop !rty worth about 6001. a year. . . This'sva3 the plaintiff's case. Mr. Cocxnunri addressed the jury for the defence, and called George Metcalfe, who said—l ain an engraver, living in Pall-mall. I know the plaintiff and defendant. Had known plaintiff seven or eight years. She is 27 years of age. I have frequented the Swan Tavern, kept by her father. I know Edward Lucas Lowry. He made a statement to me with regard to Miss Phillips. I men tioned it to the defendant. I had not made any corn municaton to him before the 7th of February last. I know nothing of my own knowledge of any impropriety in the conduct of Mary Anne Phillips. I never saw any impropriety in the conduct of any person in the Swan, where she was barmaid, and which was kept by her father. _ Cross-examined—Had been at the house several times before Mr. Phillips gave it up. I had met Lowry there several times. I believe he was not a friend of Worseley's. I had been several times at Doyle's house whilst Miss Phillips was barmaid there, and whilst the defendant was paying his addresses to her ; and I had several opportu nities of observing her conduct. Edward Lowry was then called.—He said, I am the collector of the West Middlesex Waterworks Company. I know Corby. He told me that Mary Anne Phillips was going to be married, upon which I made an obser vation. Metcalfe afterwards called upon me upon the subject, and I afterwards saw Mr. Worseley. I after wards repeated to Mr. Barlow, the defendant's attorney, what I had stated to Metcalfe. I first knew Miss Phillips about eight years ago, when she was barmaid at the Swan. Our acquaintance continued about a year and a half, and: terminated about six years ago. My inti macy with her was of a peculiar nature. It oc curred at the Greyhound, at Greenwich. I was in the habit of going into the upper bar of the Swan. I have had intercourse with her in the Swan. The first act of in tercourse occurred twelve months after the commence ment of our acquaintance,during the continuance of which the illicit intercourse continued afterwards. The first act of intercourse took place at the Greyhound, at Green wich. I did not ask permission of her father or mother to let her come out. I never knew them. It was be tween eleven and three o'clock. We were home before six o'clock. I was articled to an architect in Vincent square, and am now ready to act as such. I was not with her at Greenwich more than once. Once it oc curred in 'a room in the second floor of the Swan. I am not aware of any other occasion. I can't recollect if the second act was in the morning, or evening, or middle of the day. I can't recollect whether it was light or dark, or whether it was in summer or winter, or what month it was, from January to December. There was no bed in the room on the second floor of the Swan. I don't know if there was a carpet. There were chairs and a table. The occurrence took place upon the table. There might have been a glass of sherry and water of mine upon the table. To Lord DENMAN—When I first had intercourse with her I was ol' opiniou that she was not a virgin. I have known Mr. Corby seven years. My acquaintance with Miss Phillips ceased about seven years ago. We had something to eat and drink at the Greyhound. Corby—l know the defendant, and Lowry, and Metcalfe. When I heard that the plaintiff and defendant were going to be married, I mentioned it to Lowry, who said he was very much surprised and very sorry. Metcalfe, re-called, stated that Lowry told him that he (Lowry) had had connexion with Mary Anne Phil lips. After another communication with Lowry, I then communicated the fact to the defendant. Young, an officer of Excise, near Banbury, knew the house whilst Miss Phillips was serving at the bar. Saw Lowry there, and a person called Bone. I saw no personal impropriety of behaviour upon her part, but her freedom of behaviour with the young men who at tended there was not correct. Hannah Hamlet lived with the Phillips family when they kept the Jew's Harp, near Albany Barracks. The house was frequented by soldiers, and two of the daugh ters married soldiers. The late Mr. Honey used to be with them a great deal. Mary Anne Phillips, the wit ness, and the whole of the family went into mourning when Honey was drowned. I never saw Honey's picture with Miss Phillips. Never saw Honey take her out. That I know. I never saw Mr. Lowry, and never had any conversation with Miss Phillips about Lowry. The witness proceeded to give several other answers, which were in opposition to the anticipations of the Learned Counsel by whom she was called. Some dis cussion thereupon arose as to the degree in which the counsel for the defendant was at liberty to contradict the testimony of his own witness from the written account which the attorney had made of the witness's examina tion at his office. Lord Penman finally permitted a cross-examination to proceed upon this footing, and afterwards allowed the attorney himself to enter the box, and state from the paper all the information which the witness had originally given him. Part of the state ment given to the attorney was, that the witness never thought there was anything criminal in the conduct of Miss Phillips. Morris Levy swore that there was not a better family in the kingdom than the family of the plaintiff, and that the plaintiff went upon the stage by the desire of her mother, the family being in bad circumstances at the time. Mr. Ennis, the under-prompter of the Haymarket Theatre, deposed to the plaintiff's having played the part of a page in the Fair One of the Golden Locks. Her salary was 93. a-week. - John Doyle, the landlord of the Marquis of Granby, in Chandos-street, said that whilst the plaintiff was re ceiving attentions from Mr. Ponder she was taken out once or twice by the defendant ; and that whilst she was engaged to the defendant himself she received presents from a Mr. Laing. The witness remonstrated with her about such impropriety, but she said that she should take presents from anybody; but she did not wish the de fendant to know of it. She also expressed a wish that Mr. Worseley should not be informed of her having been upon the stage. The witness when Miss Phillips left his house told her that he should let her know what it was to have an enemy. Rebecca Bristow was barmaid with Mary Anne Phil lips at the Marquis of Granby. Saw Ponder, Crotch, and Laing there. Cannot recollect if they paid any par ticular attention to her. This was the case for the defendant. Mr. CROWDER then replied, after which Lord DENMAN left the case to the jury, who, after a little consultation, found a verdict for the plaintiff— Damages, 4001. The case was not concluded until near ten o'clock at night. POLICE INTELLIGENCE. MANSION-HO USE. Mr. E. Smith, of George-street, Mansion-house-street, was summoned before the Lord Mayor and Sir John Pirie, 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 dishonour 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 Zr. Fitzgerald to give up that house, and go to live in one in 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 of 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 mo 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 he called witnesses to prove the bona 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 5/. 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 after wards consented to take it. The bill given by Mr. Fitzgerald was payable by instalments of 10/. 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. Ile 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. HUNPHRETS-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 co nected with the press. He said so. 1 ha ve no know n- ler of that fact. My opinion is t hat he is not con nected with the press. The witness here requested to state that he had be come 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, w hich proposa l was jested. He added that the complainant had besoug re ht his interference with Mr. Fitzgerald to settle the buil nes , :, and he was sure that the note for 501. referred to the furniture, and every other claim which she might have had upon the defendant. Mr. Michael Rafferty, a medical student, residing at No. 35, Arundel-street, Strand, sta t e d that he WAS pre sent when Mr. Fitzgerald said i n the complainant presence that he had given to h er a 50/. bill and 10./ in cash for the furniture, and anyl other claims 10 1. 1 0 she might have upon him. The complainant intimated som ething about a claim for breach of promise of 1 ° I. i risge, but witness understood th at : the bill and d begg:. with e W el O : were given in liquidation of all claims. She ha, of him for God's sake to get her a n arrang em ent WI Mr. Fitzgerald. Mr. Humphreys—You say you resided in the v ery house in which the complainant's furniture wee. rol what furniture is there now ? Wit n ess -1 can't saY., ? Mr. Humphreys—Are all the rooms f ishe d d. Witness—No. The kitchen is furn ished, and it b e room is furnished. Mr. Humphreys—Do you know to w hat business 141% Fitzgerald belongs ? Witness—l do not. pro' The defendant stated that he had paid lg. under Pdis. test upon the seizure of the furniture which was ll ,„ posed of to him by Mr. Fitzgeral d, to whom he e,... tamed not the slightest doubt the g oods belong t° ed. ; 0 Fitzgerald had, in fact, several ti mes applied , v to upon this subject, and had stated, t h a t he was going establish a newspaper, and that immediate Parne: the indispensable. Mr. Fitzgerald asked him 100/. e r r s , furniture, but he refused to give more than 7 51 . ° r. and that sum had been agreed upon, had paid to weo Fitzgerald, so that he (defendant) had paid 7 4 rb e aa as the 15/. under the protest. The furniture ha issu ed sold by him too, and an attachmen t had been from the Mayor's CoUrt. ; Lachin e° Mr. Humphreys—lt is very easy to get au s issued from the Mayor's Court. e w betbei The LORD MAYOR asked the coinplai n - ° in for 5 ° 14 C a n o t the pla i n lO O / 4 note, N she had any idea of taking Mr. Fitzgerald..s;s he- ? The v as er . a f te r ti.- oThe Solicitor for Mr. - Smith 'submitted, Bbl The evidence which had been heard, it would he,' e lion its to look upon Mr. Fitzgerald in any other ligu" se gr. ,PmayymLeonrtd.for, her ftw..tare ~.. ,f coal the owner of the furniture, and that Smith was justified in the course he had parstle the , es to , The LoRD MAYOR—We cannot shut our e.l D oan. fact, that it is quite impossible that the eauiP W hich could have given, for this bill of 501., fur niture was worth in all robabil't 150/ ' Y • bill AO g ivee Sir Joil Paean—We N S iu illi for something else.gr The Loan MAYOR—Our decision is, that'o. must give back the furniture to the coniPlabiaal s gshi sfr The Solicitor to Mr. Smith—We shall aif e the decision, my Lord. decide O il ' t ob. F Th t INS -....e —ORD —AYOR—Very Well We ...-- ' must have her furniture. . .. m0rma..........."""""...- --------- EARLY CLOSING OF Sli e.n....rte ° (grcei f o:usbi s rgt.h . beee)ilii —. 0 .--- f ta king A public meeting, called for the purpos e ° e sest some steps to procure the abolition of the P r ., , system of late business hours, so o prevalent tihr°"„e's B Agr out the metropolis, was held last night at fl oret Concert Rooms, Mortimer-street, Cavesdi4vs3 Dr. Epps in the chair a t e Jed; : . The meeting was very respectably ---. v beiev considerable number of well-dressed ladles present. of t he The CHAIRMAN, in opening the business meeting, said that he was sure that all who " vi llics i that room must feel that this was a eall se ist o oae called for thei- warmest sympathy. It most. 0,1 which appealed to their kindest and OOP" feelings, for it only asked that th e y, theY do that justice to others, whieu was DO e would wish extended to thentselves• fi e e o ns °` admirer of legislative interference in clues if til e this T kind, and he was very certain, that eyes l egislature of this country passed an A e t ti d be s et uniting the hours of labour, that Act W Oll te a 10 0 aside by those persons who were most doing. Their legislature should therefore he ~.` oi es° lightened public mind of the count* and th. e .. u sg bieb sure of success would be in that degree onlY• % a bl they acted on that mind by mental /16,..,5tea1• continually holding up to their t h i s .1 00 the baneful effects which resulted from this vas , t a , He would leave to the gentlemteos g w iv h : r i de vi ts b i i i c ej b dress the meeting after him, statement of their proceedin and th e success cs/i4)11 h awwn a oO d duu iladh alreadyefrforma rsrmuuls ttaef trusted fo attended otmhreatttha tseht t i h ere e ag m footfe : :: s a t he n ' tx d e he e t i rgyt r s t h e the Secretary to report the history of alrealoicb the , J oe, The SECRETARY then entered ri° i eh r naa it ticis o s 4 ., of - statement abridgment General rise, Associationprogress,ofand a,ostfehset.hsfeoalolhnaoec, fallacy f o t f he bu s s a i y n i e n s g s: t s snlla ti l t h uje n :r ei p o iell ot -' re x v gp p f m v ur s e ar ei r e necessary, because people co l ' 1 gentlemen afterw ar dssea tb. address 0101ne hoursbmt iyl meeting, and the following resolutiona w ere e t mously agreed to : st r c s - ti _ " That the meeting views with the eleePe.4 0 bs - s i d the present protracted system of laterht-phriteii ness, as having a tendency to imp t " - a ged I P 'r, and mental energies of those who are engeoplole same, co eriv a b yielding i w e i tbheonuteotfi benefit." advancing g b rtahnech interest oftradoef the ess t e°ll4 the 1 r tb° „.., ts 0 0 " That in order to facilitate the just v er i ; to re lli t i o o, who are engaged in the laudable odes' ~ r es o to the th grievance contemplated in the firstwith B p d 0 deissirmabele e ti a n n g ob p j l e e c cl7 itself to co.opers? 000 assist them to the utmost of its power l n for - his Thanks having been voted to the Cam , the able andimpartial conduct in the Chair' separated. TAErIC°. ;, Duke t aii ile 0 f 50N NEWMARKET, l e A ac li b K , fcErTiourvrytvaNry'sl.l( 7 814 Swee ps takes) aSfPO RTING INTELb fVsslllalvlb olds; l it " g s b o s ) the ru - nifnl l ßedford'ssous totheeach, for M. l g b op . oadnt Last ber , t b h y r el, milesvc o o f i . : 13 ,., ....t. : . ‘.l. ro. . . ................... 04. 5 1 e Lord_anlieter's.c by Beiram, out of AtearY''''ltdo theirgob V r ote 11 The Beiram . colt brokepdaoci,a;nataWdOVfOrtbre?..rrold, 85 . nn/., P . fillies, Bst 41b. T.Y.C. The winner et:strides f t7lb•el3. Lord Orford's a Mr. Francis's b S c t.D I 1 ( 5 Subs.) ~.(Nat) 2 2 •• .. .. by the Grand P 1 e Capt° 3ll 5 got Little Finch .................... 3 Mr. Roger ' n';3 . c by Bentleout et . ..-. t oieg ° ' the $ ° J l A v i l 6r i e . r tl e of a t 4r s: It Oth an er dg s to the cords; he:a Finch , 3to 1 agst St.nyfaty col woe° ' Emma the colt fmavaodueritthee truhtbenbnalltietdhP:lel/dtlifforAe°l-wv-'4vitb°lll,o(ll. gelding and a g s 'no' t° t art l a 0° cleverly by a length, and claimed, . declaem, 14 The Suffolk Stakes of 15 sous each,;„ (52 I added. Last mileand half of ."'" . withtLthoerdm, a -(0) 5 whom declared.) u. ~. .......... F 0,911) 5 Minotaur, 5 Mr. Pa n ' Sir J .. 1 e s Queen Mab, 6 yrs, ' l s t s `:' c o b 3 Y re ' . l i t , ~ ... r• Duke awley's the Bishop of Raiford s , ....... •A r , Jo of Bedford's Prologue, 3 yrs sst 51e .... t p bsc7, e dfory The follow'also started,- b'ut were o° i.. e of .'' 4 Salvin's lawthorn,Aliceinf ._ , mb.,....Diy, _doh ~ Lochinvar, 5 vrs 7sta aged, ?,,%'e,s j.hellly. Pret+ dlil na7gnl b oo.u. llr .t f . r. 0.. of . Emmat' t - 1 . le j e - 7 : 5 11 t 91:: 7 1j. l'u l :e l r . -..i.di 'la: . , ‘'.11151.‘ , i tl yy : q e l l .l i l ; 7st 11 ' 1 b—Mr. Death's Misde 1, 6 Ire, vote' ''t of ,alr Young 51b—Lor ber , on. c poa -5 yrs, 6st 131b—Mr. 1-lov;e's cby Ratcatt.ency.'s Ot t Illi n e• quoise, 4 vrs, fist 111b--Lord George 13°1/ " 1 "s 10 ' -t ' 1 4 yrs, Est 31b—and Lord Exeter 's Deodars -- . t o 1 se/ te , Betting-5 to 4 agst Alice Ilawthorn, "eedfsto lo f logue, 7 to 1 agst Wee Pet, 7 to 1 a g st C l u s od 1° KaghsotrTashseanC.obl,vBotoo blyagvast,o"lieonugntgoL.ochiaireirdf, so. it.otio r. ) I Handicap Plate of 50/. for three yren.° (orbits .. ..., $ rse i Duke of Rutland's Welbeck, 4 yrs, 7st 8 '" .. ••• .. •• ,0, Mr. T. B. Charlton's Ruff, 3 yrs, sst 71b •• ... .„,••••tc:3o, Mr. Phillimore's Skeleton, 4 yrs, st 41b •;;;;;;Pehe6,4-10'4 The following also started :-lir. Wicrie r„oP,IV Est 81b—Mr. Newton's Sister to Ma 'Li', t• 6 t o Francis's Seven's the Main, 4 yrs, 6st-1-41b. y e its • 4./ bf, by Redshank out of Lava, 3 yrs, Js Woo ~ Sister to Ma Mie, and 5 to 2 agst Skeleton. o ur Two other races were not, run Wh en t oile . made up. 20•51315.tyte.'" MANCHESTER RACES.-- ea Plate of 50/., the second receives 10 WS. 5 1 5 and a distance. , nivod) 1 9 Mr. Robinson's Wasp, aged, Bst 81b ...(11-ef. .... ...• 9 cic Nr. Dawson's Montgomerie, 3 yrs, 71 ) ....... ~.." Lord Stanley's Ambition, 4 yrs, B st Il e ...... cl v 6 d Won by a length , th e Wif BrBros• chose, foe Di r O . On Charlesthe l lt A h s i p n r s e t y . „ in of y :r 0 le Lira - Ku , r e . r e : r sg e , f 0 ocio 00 0 On the 11th inst at Farnborough v le- . 44* fro ~ Rev. C. NV. Holbech, of a son. IS P' 0 Warren, of a daughter. On the 14th inst., at West-green, Totteehll ' 0 '4 the .ar.tivt.rFP. ' „, ptooto Jet( On the 12th inst., of Ceelt plolit4 fife late Colonel Cookson, of Neashant /Du,' o ton t"1 . , ii•rilig Charlotte, second daughter of Charles P 4 • e Harley-street. to Itfarlii° At Sydney, Robert Shadfortb Es(l., ~/ third daughter of Captain Ilollinwor , ' tb 1 1 .." - T. # 10c lies' N Paramaribo, Wes" dot On the 10th of March, at ' 001 1 ° D Beazley, Esq. On the 22d of April, at Malta, v.. 4 ii - on. ere ~tor,+ daughter of the late Major-General the cis DP- otbi On the 3d inst., at Dresden, Charles Fran rq, rlotte -TAaile'Ple'lletti., ~,, 'atoll° 0, of Sunbury, Middlesex. relict of t"" f 1" On the Bth inst., Mary Raikes, reli t.te r 0 Raikes, Esq., of St. Petersburgb. fart cle tlg' got' On the Bth inst., Frances Elise, the ' he s l.le° Calvert, Esq., of Ilunsdon, Llerts. „, :in lico , tjig On the 10th inst., in Ebury-strot, A . ffo d' J tlO'r ' hire' tram, Esq. s t. 4 0 eprops On the 12th inst., at Alpha-ple2 Rev. G. Moultrie, Vicar of CleoburY °rtioler, y r s ,4c bl yBoot osms closed 10VP1'10/ 000 so. - • • London: Printed and Published bl ofliceogaoo4 No. 112, Strand, Printer, eat The au- ili the w - Strand, in the Precinct of the WO 184 5 ' Middl e sex, Wednesday. May 14, •