The Sun.
London, England, 1849-04-06 00:00:00

THE SUN,

Ireland. It has long attained an unenviable celebri`y,
and it would be impossible to detail the innumerable
instiznees of oppression and fraud that have been per-
petrated by means thereof. The policy of the Legisla-
ture has for some time back been to suspend summary
remedies until the validity of the plaintiff's demand
had been fully established before a competent tribunal.
Arrest on mesne process has been practically abo-
lished. Before such a step can be taken it must be
shown to the satisfaction of a judge of one of the
superior courts that there is good reason to believe
that the defendant contemplates departing from the
realm. The grounds of that belief must be fully set
forth, and, if the defendant can rebut the case, the
order will be discharged with costs. Under any cir-
cumstances he can only be required to enter into
securities to be forthcoming at the fitting time. The
process of attachment is, however, far more objec-
tionable, even than that of arrest on mesne process.
Any person who chooses to swear that another is in-
debted to him on any account, and to any extent that
he himself pleases to assign, may resort thereto, if re-
siding within the jurisdiction of any of these petty,
but most vexatious tribunals. The security to be
given is not merely for the due appearance of the
party, or that he will be forthcoming to abide
the decree of the Court, but for the satisfac-
tion of the debt, if a judgment should be
obtained. Great difficulty is consequently experienced
in obtaining the necessary bail ; and parties have
been irretrievably ruined in consequence of claims
being set up that ultimately appeared to be altogether
destitute of foundation. The credit and character of
a solvent person may be totally destroyed by the
seizure of his stock in trade by a malevolent enemy,
who may gratify his vindictive feelings with impunity
if ne can succeed in obtaining an overdue acceptance
of his victim.

In whatever point of view or aspect the matter
may be regarded, it is equally repugnant to
every principle of justice. As we have already
stated, the unfortunate defendant may sustain
the most serious damage from the acts of
an enemy, who may either institute a fictitious claim,
or seek to oppress a competitor by vindictive Proceed-
ings. It is also but too frequently resorted to
as a mode by which a fraudulent prefer-
ence may be given to a favoured creditor.
Through its operation the entire stock in trade, furni-
ture, and effects of a person generally supposed to be
in a perfectly solvent condition may be swept away
by a single creditor, for his own exclusive benefit,
while the others, who might have received a fair divi-
dend, if the assets had been equitably distributed, are
left without a single farthing. In cases of real
insolvency it is generally a near relative of the de-
fendant who adopts such proceedings, and there is good
reason for believing that in the majority of instances
the proceeds of the attachment are applied for the
benefit of the insolvent, to start him again in business
when his debts have been wiped away through the
operation of the Bankrupt or Insolvent Court. A
great temptation to wilful and deliberate perjury is
thus afforded, a temptation which, we regret to say,
is but too often yielded to.
The heavy costs attendant on the process would
afford an additional reason (if any were required) for
its abolition. Mr. REYNOLDS stated to the Howie, on
Wednesday, that upon an examination of the returns
he found that an expenditure of 3131. 173. 61. had
been incurred in recovering 3451., which might
have been sued for and judgments obtained in the
Civil Bill Courts for about 81.

Nothing whatsoever can In alleged in favour of a
continuance of this practice. It affords no additional
facilities to fair and bona fide creditors. They can
recover their demands as expeditiously and more
cheaply in the superior courts, where the debt exceeds
201., and far more so before the Assistant• Barrister,
when under that amount. Why, then, should
an abuse so flagrant., a grievance so cry-
ing, be tolerated for a single moment.
It leads to oppression, to fraud, to perjury, to enor-
MOU3 legal expenses, and not a single word can be
uttered in its favour. In a word, it is more obnoxious
to the citizens of Dublin, and other towns in Ireland,
than that intolerable nuisance, the Palace Court, is to
the inhabitants of Westminster and its vicinity, and
it is continued for the very same reason, and that
alone, an unwillingness to interfere with " aged
vices." Mr. REYNOLDS has, however, at length grap-
pled, with the iniquity, and if he performed no other
service daring his legislative career he would have
deserved well of the important constituency by whom
he has been returned to Parliament.

Anxious as we may be to see this system abolished,
we would not desire to inflict injustice upon any pub-
lic officer. The Marshal of the Court has a vested
interest in certain fees, which have returned a cer-
tain income to which he could look forward for
his life. It would certainly be very unfair, and
altogether contrary to the usual practice to
abolish these fees without allowing fair compensation.
As a mere officer of the court, established under an
Act of Parliament, he cannot be looked upon as in
any degree responsible for the abuses that have sprung
up. He has, perhaps, abandoned other pursuits to
discharge the duties thus imposed on him, and we
cannot believe that the Imperial Government would
so deeply wrong any public servant, to effect a paltry
and inconsiderable saving. We are as much the
advocates of economy as any persons whatsoever, but
the economy we desire must not be founded on injus-
tice or oppression.

We rejoice to find that the agitation for the aboli-
tion of burial in towns has at length commenced in
earnest, and that the indefatigable labours of Mr.
WALicErt out of Parliament, and of Mr. MACKINNON
in the House, have at length succeeded in arousing
public attention to this subject. It must be most
gratifying to these gentlemen to find that the Na-
tional Society for the Abolition of Burial in Towns
Is now taking its stand as one of our
power-exercising public institutions, and that such
men as Lord DUDLEY STUART, Lord COCHRANE Mr
JOHN ABEL SMITH, Mr. JAMES WILD, Mr. GEORGE'
THOMPSON, and Mr. GOODWIN, are now coming for-
ward to join in this movement, of which Mr. WALKER
has been the Colonel THOMPSON, and Mr. MACKIN..
NON the CHARLES VinmEns. The meeting, held at
the Whittington Club on 'Wednesday evening,
a full report of the proceedings of which
appears in The Sun of this evening, proves
that at length public attention has been
fairly aroused to this question, and that, as we, in
common with all the early supporters of this move-
ment have ever felt, is all that is necessary to secure
the immediate adoption of measures for the removal
of the evil. It is time that the public should speak
out, and that the army of undertakers, and grave-
diggers, and mutes, and parish clerks and parish
clergymen, and other recipients of fees for burials
within the precincts of great cities, should be given at
once to understand that we will no longer submit to
be poisoned for their profit; that the plague-and-
pestilence interest can no more be regarded
than the slave-trading interest, or any other
interests which are contrary to morality, and that
therefore they had best prepare to at once set their
grave-yards in order and depart. Of all sanitary
measures this is the most important, indeed it is the
foundation of all the rest, the one thing that should
not be left undone. So long as the abominable, im-
moral, soul-corrupting, and body-poisoning practice
of burying the dead in the midst of the living
shall be continued, all so-called sanitary mea-
sures will be comparatively valueless. As was justly
and eloquently observed by Lord DUDLEY STUART at
the meeting on Wednesday—
You say let us have good sewerage, let us have good
ventilation let us have fresh air and a good
. supply of
freshsbvlieaagnhret t
earng: water;
renewed,
gsw toehwod
e repeal
pdpa i
es
sayofsowtaoote;: know nothing more ina.•
portant; but, alas! it is in vain to hare improved
..
vain to make the attempt which has been fres
fresh
made,ai r;
aintdiswillnl
drawing. aweaydaoll
e Fort whate
u ;Quid
eopoor people. an unstinted
. supply of
the window-tax, if with those ad-
iwensth.e
ninottetauils;otbssufcrceemed
thein heart of
out and
maned.
thetr o psoml i
s.
and air, iall f
that air brown use of breaking open
of the. poor to let in light
give us, air—aye, give us fresvihltheirl—t poison?dee,t Alen say
pol-
luted air, charged with miasma and son
from ve
reekingu s
poibodies in a state of putrefaction,
our very doors." which ate heaped up at

How long shall this system be permitted to con-
tinue, which transforms " those sacred edifices, where
we go from Sabbath to Sabbath to worship our com-
mon MAKER," into reservoirs of pestilence, breeding
poison ? Until public attention shall be fully aroused
to the circumstances of the case, until the public shall
become aware that such places as Enon Chapel end