The Sun.
London, England, 1839-10-29 00:00:00

PUBLICATIONS.

.NEW NOVEL MRS GORE.
Just ready, in 3 vols. post Bvo.
PREFER M E N T;
or, MY UNCLE THE EARL.
By Mrs. GORE.
Author of " Mrs. Armytage," " Stokesh;ll Place," " The
Peeress," &c.
Henry Colburn, Publisher, 13, Great Marlborough-street.
To be had at all the Libraries.

This day is published, price 7s. 6d., in cloth.
LADY HENLEY'S CHARITIES. A
FULL REPORT of the Arguments in the House of
Lords on the Hearing of the APPEAL relative to the Appli-
cation of these Charities; taken verbatim from the Short-
hand Notes of Messrs. Gurney and Son. To which is pre-
fixed the JUDGMENTS of the Vice Chancellor and of Lord
Lyndhurst in the Courts below, and the Appellants' and Res-
pondents' Cases.
Smallfield and Son, and J. Green, Newgate-street ; and
J. Mardon, Farringdon-street.

Now ready, in 3 vols., post Bvo.,
pALMARIO ; or the MERCHANT of
GENOA. A Novel.
By the Author of " Tales of an Arctic Voyager."
" I speak of Africa and golden joys. "—Sffa hPEA/LE.
" Palmario, though anything, but a laboured work, is the
production of great labour and research. It reflects the
highest honour upon its author's head and heart."—Suffolk
Herald.
T. and W. Boone, 29, New Bond-street ; and Oliver and
Boyd, Edinburgh.

Just published, price ss.
POVERTY, MENDICITY, and CRIME;
or, the Facts,
.Examinations, &c., upon which the Re-
port upon Prison Discipline, presented to the House of Lords
by. W. A. MILES, Esq., was founded. To which is added a
Dictionary of the Flash or Cant Language knarn to every Thief
and Beggar.

Edited lay H. BRANDON, Esq.
Also, just published, price 103. 6d. boards,
The WHOLE TOWN and COUNTRY PRACTICE of
the COURT for RELIEF of INSOLVENT DEBTORS,
with full instructions to Creditors, and all Forms, Rules, and
Orders of the Court, under 1 and 2 Vic. 110.
By ROBERT ALLEN, Esq., Barrister-at-Lai,.
Just published, price 255.
The PRACTICE of COUNTRY A TTORNIES and
their AGENTS, in the Courts of Law at Westminster, with
Forms and the Alteration made by the Imprisonment for Debt
Act. By J. F. ARCHBOLD, Esq., Barrister-at-Law.
Just published, pricy 2s. 6(1
The LAW of MASTER and SERVANT, in regard to
Domestic Servants and Clerks. By EDWARD SPIKE, Esq.
London : Shaw and Sons, 137 and 138, Fetter-lane, Pub-
lishers of the Books and Forms of the Factory, Tithe, and Poor-
law Commissions.

PROFESSIONAL RECORDS; OR,NIA RRIAGE MEDI-
CALLY CONSIDERED.
An Original Thesis (in a sealed envelop). Price 5a.,
N MAIi lllAGE_itslntent,Oblinations.and
Phpical and Constitutional Disqualifications; with Illus-
trations graphic, narrative, and remediate.
Also, by the same Author,
A RATIONAL EXPOSITION of the TREATMENT
of MORBID SECRETIONS, Stricture, and Irritability of
the Uretha, and other infirmities of the reproductive system;
with numerous cases and woodcuts, entitled Medical Cots-
sultations, Price 2s. 6d.
Sherwood, 23, Paternoster -row ; Carvaiho, 147, Fleet_
str'eet • Harris, 95, Bow-street; Baths, 23, New Bond-street,
and Smith, druggist, 48, Lothhury, City.

HANOVER, OCT. 23.—The Bulletin of the laws con-
tains the following notice :
" It having been resolved in the 23d sitting (this
year) of the Diet of the German Confederation, on the
30th of last month-1. To prohibit immediately in all
the states of the Confederation the sale of the work
called Preussen and Pruessenthum, by Benedey
Mannheim, 1835 ;' and 2. to sequestrate all the existing
copies, wherever they may be found, this resolution is
hereby made known to the public, and with this warning,
that with respect to the prohibited sale, a penalty of 50
dollars will be inflicted on those who shall trangress.
The Magistrates and the police are enjoined to see that
this prohibition is attended to.
" Hanover, Oct. 19, 1829.
Department of the Interior.
" J. C.VAN DER WISCH."

BERLIN, OCT. 19.—The report which has been many
times repeated, that Prince Puckler Muskau was likely
to succeed Lady Esther Stanhope in the east seems to
be really well founded. The negotiation for the greater
part of his estates is said to be nearly concluded, and
to require only his presence to consummate it. In the
decay of the Turkish empire, the confusion which pre-
vails among the tribes without masters and leaders,
and lastly, considering the bold and yet prudent cha-
racter of the Prince, his situation in that country
might lead to very singular consequences.
VIENNA, OCT. 17. Archduke Albert returned
yesterday from his journey to Russia. According
to the accounts of eye-witnesses, there are nearly
140,000 men collected in the camp at Borodino, besides
a reserve of 60,000 men. Prince Albert was received
in the most distinguished manner by the Russian Court.
The Emperor Nicholas, besides giving him the regiment
of Lithuania, presented him with the insignia of the Order
of St. Andrew, set in diamonds, which confers the right
to wear all the other Russian orders.

BERLIN,;OCT. 21.—The President of the Province of
Pomerania has appointed the Councillor of the Gov ern
ment, M. Hegewald, to have the superintendent e o
Archbishop Dunin. We hear that the Archbishop has
plainly told him that, following his firm conviction, he
will embrace every opportunity to comply with the
orders of the head of his Church, which are that
he is to profit by every opportunity to return
to his diocese when he is not kept back by force. His
sister has been for some time in Berlin. It is said
that she has tequested an audience of the King, which
she has, of course, not obtained.
HAMBURG, OCT. 24.—The Petersburg journals of
the 19th contain nothing, interesting. Hamburg
Papers, Oct. 25.
BELGIAN FUNDS—BRUSSELS, OCT. 26.
Actual Deist, 2 per Cent.
Itothschild's Loan, 5 per Cent lOl
Loan of Thirty Millions, 4 per
3 per Cent ...... 71%,
Loan of City, 1832, 4 per Cent 95
Society of Commerce, 4 ~,per Cent ll4
Bank of Belgium, 5 per Cent 71%

National Society
Exchange on London (short) -
-Brussels Papers, Oct. 28.
AUSTRIAN FUNDS.—VIENNA, OCT. IB
Five per Cents. Metalliques
h'oer per Cents.
Three per Cents.
Bank Shares 1552
—Allgemeise Zeilung, Oct. 23.

TREATMENT of MESSRS. LOVETT

AND COLLINS.

The Warwick Advertiser of last Saturday animad-
verts with much severity on the letter from Mr.
Hetherington, published in The Sun. The regulated
gaol allowance is stated to be "141 b. of very excellent
bread every day ; 11b. of good potatoes, boiled, five
days in the week ; 1i pint of good gruel every morning
and evening, except Sunday evening ; and 1 k pint of
excellent nutritious soup (made from good beef, stewed)
every Sunday and Wednesday." (No excessively sump-
tuous fare this.)
The Advertiser informs us also that " The Secre-
tary of State, so far from having sent any order for
Lovett and Collins to be treated differently to other
prisoners of the same class (as we knew has been stated
by the London papers) has declined any interference,
and left it entirely to the discretion of the visiting
Magistrates, who, in the deliberate and humane exer-
cise of that discretion, have allowed to these prisoners
the following extra indulgences :
" A room in the first or second floor of the prison, and
therefore free from damp, and in pure air, which is
occupied by them jointly, and to which they have free
access at all times, as well as to the yard for exercise,
whenever they choose, dcring the day ; a good fire
daily in this room ; a table an two chairs ; pens, ink,
and paper without restriction ; and two boxes full of their
own books standing in the room for their constant and
undisturbed use ; they are also allowed tea every morn-
ing and evening, a domestic indulgence granted to no
other prisoners."
With respect to the intercepted letter, its political
allusions, it seems, caused its detention : and the chap-
lain did not exactly state that Lovett should not have
Tait's Magazine to read, but, " having an impression
that the work might inculcate the spirit of republicanism,
did not feel himself justified in freely allowing, on his
own sole responsibility. the admission of the Magazine,
and determined to leave it entirely to the discretion of
the Visiting Magistrates, and he accordingly left the
Magazine in the hands of the Governor with a message
to that effect."

In the same paper it is stated that "the mind of Lovett
appears to be perfectly composed, and satisfied with the
treatment he receives. He has expressed no complaint
whatever, and we verily believe he does not desire the
officious interference of his intemperate friends.'
We have the satisfaction of stating, on the authority
of the surgeon of the prison, that both Lovett and Col-
lins are in the possession of good health. This may
serve as one proof that their treatment has not been,
and is not, very disgraceful.'"

MITI p;
• paid i

15,641

3,743
4,f69

40S
9,210

3,112
7,467

13,521!
4,0 1'
9,74 J

By the sth and 6th W. IV c. 70 sect. 2, in force in
Scotland only, it is enacted, that it shall not be lawful
tor any person to apprehend or detain in custody any
debtor for a civil debt under the sum of Si. 6s. Bd. in
virtue of the decree of a small debt court, letters of caption
or other warrant. So that in Scotland, for upwards of
four years, imprisonment for small debts has been abo-
lished. In England, however, such imprisonment is in
full operation ; and nearly every town has its distinct
law on the subject. At Norwich, a debt of two pounds
will send a man to gaol for six weeks, at Folkestone, only
for twenty days ; in Westminster for seven days ; and
in London and the Tower Hamlets, his person will be
exempt from seizure. At Bath, 34 persons in 1837,
were committed for 200 days, for debts under 101. ; and
at Sheffield, no fewer than 90 persons were committed
for 100 days for debts under Si. At Bath the maxi-
mum term of imprisonment is in all cases rigidly enforced;
yet out of the sum 8,865/. sued for, only 4,6691. was re-
covered. The Court of Requests in London has a ju-
risdiction to the same amount as that of Bath, though it
cannot commit for a longer time than 80 days ; and yet,
out of a sum of 10,0761. sued for, the sum of 7,467/. was
recovered. At Halifax also, the maximum term of im-
prisonment is generally inflicted ; and yet out of 7,29.5/.
sued for, 3,1121. only was recovered ; while in the
Tower Hamlets where imprisonment is abolished, out
of 15,100/. sued for, 9,7401. was recovered. The neces-
sity of imprisonment cannot be defended after these re-
turns. There are, no doubt, cases where persons have
been sent to prison, and have been released on their
debts being paid by friends or strangers, but no creditor
ought to be permitted to calculate upon his debt being
thus discharged, or to give credit on the expectation of
it. In the great majority of cases, this assistance is not
given—and these only the Legislature ought to regard.
Imprisonment in these cases is a barbarous and useless
punishment ; taking from society the labour of the party
imprisoned,, imposing a useless charge upon the pub-
lic for his confinement, depriving his family of his sup-
port, throwing their maintenance upon the parish, and
frequently terminating in the ruin of many, who but for
the prison, would have paid their debts, and have suc-
cessfully struggled against their difficulties. Execution
against the goods of a debtor should be awarded—all
the rest is useless and wicked.
The returns Telating to the County Courts show that
such Courts might without impropriety be abolished.
Their jarisdiction extends to sums not exceeding forty
shillings, unless in special cases. The only County
Court that appears to have been regulated is that of
Middlesex. Of this Court Mr. Sergeant Heath is the
presiding officer. In 1837, no fewer than 22,968 suits
were instituted in it for debts amounting to 22,051/. ;
of which suits, 6,238 were settled out of Court, and
judgments were given for 14,2641. in respect of 16,730
causes that were heard. None of these causes were for
Sums above forty shillings. Mr. Sergeant Heath has
made several attempts to extend the jurisdiction of the
Middlesex Court ; but has always been defeated by an
outcry that he was seeking to increase his own emolu-
ments—which, if true, would be a matter of very littte
importance, if 20,000 more suitors consented to have
their cases heard by him. In 1837 the fees amounted
to 3,4521. ; and his own Court, and that of his deputy,
whose salary he pays, sat 113 days, or both Courts 226
days. In the same year, 907 debtors were committed
to Whitecross-street prison, but none of them for the
maximum term that it is in the power of the Court to
commit. Mr. Sergeant Heath deserves infinite credit
for his exertions to extend the useful etrcieney of his
office.

The other County Courts in the kingdom present the
greatest defects. They do not all appear to be without
some use, since in that of Lancashire, in 1837, 8,825
causes were instituted, and judgments, obtained in
5,300 ; but the small fees payable in the Middlesex
Court, and the number and amount of those demanded
in Lancashire, afford a most remarkable contrast.

The Borough Courts appear to have been seriously
interfered with by the Municipal Reform Act. At Ips-
wich and Bath, there has been no trial for three years ;
at Plymouth there has been none for two years ; at
Wells the same ; and in this last town Mr. Ambrose G.
Lethbridge was appointed Recorder, but not being of
five years' standing at the bar, the Court could not be
held. In some places it is the wish of the majority of
the inhabitants that these Courts should be made effi-
cient. This is particularly the case of Winchester.
The return from Doncaster states. that the Court is
seldom resorted to, in consequence of its proceedings
being liable to be removed, at any stage, into the Court
of Queen's Bench ; and a similar statement is made in
other returns. This is a defect which the House of
Commons last Session endeavoured to remedy. By a
majority of 57 to 2 a clause was added to the Borough
Courts Bill to the effect that no suit for a sum under
50/. should be removed by certiorari, unless under cer-
tain stringent conditions. The effect of this clause
would have been to make all the Recorders resident
judges, to destroy all the Local Courts of Request, and
to diminish by at least one half the County business of
the Superior Courts. Lord Denman, who took charge
of the Bill, refused to sanction the amendment of the
aadministration of
Commons ; and another Bill was brouglmiteainnsbhyadhoimn:
and carried, which omitted the clause that had been
e
ear to be, in
addedo t
htmo
ohs its
efixrtsetn
sßi
vi lel B.
aßayn
gheoswi
nsimple
the law nearly been accomplished !
At New-
ly
d, for debts
somecas Thetle
towns, i
nR 10803u7g,
not h7e
2nCourts,
rsct
wn othowever,
without
ases iwere
le vr ae
na
tpi
aspgs
issued,
e.
amounting to 8,2101., ; and of this sum the debts ex-
ceeding 201. each amounted to 6,042/. At Norwich,
722 summonses were issued ; the larger portion of the
sums sued for being for debts exceeding 201.
All these facts prove how anomalous and inconsistent
if system it can
bouerewaillieodle. sylsntecmouorftsLoofcal Courts is,
Requests, sums varying from
one shilling to ten pounds can be recovered ; in County
Courts, sums not exceeding, except in certain cases,
the amount of forty shillings, are recoverable ; and in
Borough Courts, sums to almost any amount may be
sued fur. All these Courts have great and grievous
defects. They are connected with no system of appeal,