The Sun.
London, England, 1849-06-25 00:00:00

stands the non-payment ot a judgment debt (upon which
a plautiff is in a situation to sue out execution) within
a certain number of days after demand is an act of bank-
ruptcy. Surely it is riot tco much to presume that a
creditor, before puttieg in an execution, must have de-
manded payment of his: debt without effect.
A fortiori, therefore, if evidence of the nonpayment of
a judgment debt be an act of bankruptcy, the levy under
an execution ought to be evidence of an act of bank-
ruptcy; and by Art. 113, it is so provided, if proceedings
in bankruptcy be taken within a limited time after the
execution, and this seems to be in conformity with the
law of sequestration of the estates of bankrup's in Scot-
land. But then (and this is slso in conformity with the
law in Scotland) an individual creditor who by his dili-
gence has secured the property of the debtor ought not
to suffer for his exertions; and therefore he will have a
preference for his full costs, as between attorney and
client, bona fide incurred by him in obtaining the judg-
ment and execution.

See the Articles on this, 113 and 114.

31 A more effective provision as to secret transfers of
goods.
Though secrecy in making transfers, and the not tak-
ing possession, are badges of fraud, yet they do not
necessarily, where retaining possession is consistent with
the terms of the transfer, render such transfer fradulent;
and these is nothing by which creditors are more de-
ceived than transactions of this sort, where a trader is
allowed to retain possession of property, and assume the
apparent dominion of it, until the eve of the bankruptcy,
and then it is swept off under a bill of sale or transfer
previously made.
To prevent this—
By Art. 106 a secret transfer of goods is made an act
of bankruptcy; and
By Art. 107 the test of the secrecy is made, the not
having taken actual possession and removed tho goods
within a month after the transfer, or at some time before
two months prior to the bankruptcy, so far as the case
may have admitted, and saving the rights of bona fide pur-
chasers or holders for value without notice.
Next Amendment.
_ .

Defining more clearly fraudulent preferences, which
are so frequent, and so difficult to upset.
The policy of the Legislature of late years has been,
to protect all bona fide transactions of every kind be-
tween creditors and traders becoming bankrupt, which
have taken place at any time before the bankruptcy, with-
but reference to a prior act of bankruptcy, if the credi-
tor had no notice of such. And this seems to be right in
principle.
But the law does not seek to give effect to fraudulent
preferences.
The present test of such transactions, however close
upon the bankruptcy, namely, whether they were volun-
tary, and in contemplation of bankruptcy, is not satis-
factory.
The subject is one of difficulty (see First Report from
the Select Committee of the House of Lords, 1849, p 35
to 37) but by Arts. 180, 181, and 182 it is defined what
pay meats, or delivery or transfer of good'', made within
two months of the bankruptcy, are to be deemed frau-
dulent preferences.
So also of conveyances and equitable mortgages, and
of warrants of attorney, &c.
See Articles, 180, 181, and 182.

Further important amendment as regard; small
Estates.

By Art. 83, a per-centage on the estate of the bank-
rupt is substituted for the 201. and 101. fees, and this
payment can in no case exceed 5/. per centum.
There are other amendments; and any material alte-
ration or amendment of the law was made in Italics in
the House of Lords' print of the Bill.

It is hoped, by the increased facilities to creditors, and
by an earlier and more certain means of obtaining the
possession of the property of a trader, which this Bill
provides—by having more effective tests of insolvency—
by lessening the expense of bankruptcies—by extending
the jurisdiction of the primary tribunals, and giving a
more ready and cheaper mode of appeal in the first in-
stance, and substituting a percentage in lieu of the 20/.
and 101 fees—by preventing fraudulent preferences—by
more closely defining what shall be deemed such, and
thereby making them more easy of detection—and by
drawing as clear a distinction as possible between the
honest and fraudulent bankrupt—by having a category
of what are to be deemed mercantile offences—and
making the assignees, and all creditors who have proved,
judgment creditors—and giving them the power of im•
prisoning and punishing such offence—the trading com-
munity will have reason to think that their interests have
been efficiently protected in this Bill; and moreover, in thus
protecting creditors, the Legislature will in truth be
conferring; a corresponding benefit on the debtors.—
Every enactment which tends to check fraud, and to
secure for creditors their rights, must necessarily
diminish the temptation which prevails more or less
with debtors to commit frauds, and thereby facilitate the
means of their obtaining a speedy release from their
difficulties.—(See: Mr. Commissioner Holroyd's Evidence,
p. 39 of First Report, 1849, of Select Committee of House
of Lords.)
lIL—OF ARRANGEMENTS BETWEEN DEBTORS AND
THEIR CREDITORS, WITH THE CONCURRENCE OF A
CERTAIN NUMBER THEREOF.

The provisions of the 7th and Bth Viet., a. 70, which
is confined to debtors not being traders, is by the Bill
extended, with some amendments, to all debtors, traders
as well as non-traders.

HER MAJESTY'S THEATRE.—HiS Royal Highness
Prince Leopold of Naples (Count of Syracuse), attended
by the Chevalier Colouna, honoured the performance at
her Majesty's Theatre on Saturday evening with his pre-
sence. Her Majesty's box was occupied by Sir Augustus
and Lady Clifford, Mrs. Clifford, and Captain Clifford,
and party. Her Majesty the Queen Adelaide's box was
occupied by the Hon. Mrs. Barrington, Miss Mary Bar-
rington, Mr. Barrington, Mr. Greville, and party.
Amongst the visitors were his Grace the Duke of 'Wel-
lington and Lady Charles Wellesley, the Duchess of
Leeds and Miss Lane Fex, his Excellency the Russian
Minister, the Baroness de Brunnow, Madlle. Olga de
Lochner, and Madlle. de Brunnow, his Excellency the
Swedish Minister, his Excellency the Neapolitan Am-
bassador, his Excellency the Danish Minister, the
Countess Reventlow, and the Countesses Hilda and Mal-
vina Reventlow, his Excellency the Portuguese Minister
and Madame de Moncorvo, the Charge d'Affaires of
France and Madame de Monshust, his Excellency the
Minister of Costa Rica, his Excellency the Minister of
the Argentine Republic, the Marquis of Ailesbury, the
Marquis of Huntley, the Marquis and Marchioness of
Sligo, and the Ladies Browne, the Marquis of Donegal,
the Marquis and Marchioness of Londonderry and the
Ladies Vane, the Marquis of Douro, Earl Bruce, the
Earl of Falmouth, the Earl of Pembroke, the Earl and
Countess of Wilton, the Earl Mountcharles, the Earl of
Besborough, the Earl of Shelbourn, the Count de
Backe, M. de Berg, M. Consfari, the Baron de Krehmar,
the Viscount and Viscountess Seaham, the Viscount and
Viscountess Maidstone, the Viscount Somerton, the
Viscount Enfield, the Viscount Dupplin, Lord Elliot
and the Hon. Granville Elliot, Lord Saltoun, Lord C.
Wellesley, Lord and Lady Ernest Bruce, Lord W.
Lennox, Lord George Gordon Lennox, Lord G. Paget,
Lord Foley and the Hon. Miss Foley, Lady Hethnall
Warnefurd, Lady Edwards, Lord Stewart, Lord Cran-
ston, Lord Southampton, Sir Seymour Sadler, Sir C.
Shakerley, Bart., and Lady Shakerley, Sir H. Webb,
Bart., Sir 11. Willoughby, Bart., Sir J. Tyrrell, Bart.,
M.P., and Lady Tyrrell, Sir R. Howard, Bart., M.P.,
and Lac'y Howard, Sir R. Vyvyan, Bart., Sir C.
Ricketts, Bart., Sir W. Fremantle, Bart., and Lady
Fremantle, Lieutenant-General Sir Andrew Barnard,
Bart., Sir W. and Lady Martins, Lieutenant-General
Sir A. Woodford, Bart., Lady and the Misses Wood-
ford, Lady Elizabeth Egerton, Lady Caroline Egerton,
the lion. Mr. and Mrs. Dudley Ward, Lady Lisford,
General the Hon. Arthur 1.4t0n, General the Hon. H.
Cavendish, Lady Desvoux, the lion. R. C. Neville, &c.
ROYAL ITALIAN OPERA, COVENT-GARDEN.—fIit
Royal Highness the Duke of Cambridge and her Roya,
Highness the Duchess of Cambridge honoured the per-
formance of the Royal Italian Opera on Saturday even-
ing with their presence, and occupied her Majesty's
box. Their Royal Highnesses were accompanied by the
Princess Mary of Cambridge, Prince Richard Metter-
nich, Princess Melanie Metternich, and attended by
Baron Knesbeck, and Mr. Edmund St. John Mildmay.
Among the visitors were—the Duke and Duchess of
Cleveland and Lady Vane, the Marquis of Lansdowne,
the Earle and Countess of Morton, the Earl of Belfast,
Earl Bcctive, the Earl of Durham, the Earl of Cardigan,
the Countess of Harrington and Viscountess Barrington
and Lady Charlotte Beulay, Lady Marion Alford and
Sir Francis and Lady Lawley, the Earl of Bosse, Capt.
and Lady Elizabeth Villiers, the Earl and Countess of
Yarborough, the Countess Dowager of Essex and Miss
Johnstone, Viscount Exmouth, Viscount Templetown,
Lord Bloomfield, Lady Brougham and Lady Malet,
Lord A. Churchill, Lord Foley and the Hon. Miss Foley,
Lady Rendlesham, Lord and Lady Clinton, Sir Robert
Peel, Bart.; Lady and Miss Peel, Sir Clayton East, Bart.,
and Lady East, Sir T. Hare, Bart.; Sir Henry Webb,
Bart.; Sir William De Bathe, Bart.; Sir George Carroll,
Lady Morgan, Lady Paul, Sir Edward Dearing, Lady
Jodrell and Cabouli Effendi, Le Chevalier Do Horta and
Malame De Horta, Sir Charles Marshall, Lady Lush-
ington, Sir William Abdy, Bart.; Sir Henry Pante,
Lady Moletsworth, Sir John and iliss Burgoyne, Lady
Palmer, Lady Crewe, and Lady George Manners, Sze.
DRURY LANE TIIEATRE.--The programme put
forth this evening by Mr. Bunn, on occasion of his annual
benefit, is of an extraordinary character, embracingt mb.
as it
does the names of the most talented artistes, both
slam
sical_:and dramatic, in the profession. The performance
will commence with the elegant vaudeville of Hold your
Tongue, in which the elite of the Lyceum company
will
appear, viz.:—
Madam Vestris, Miss H. Gilbert, Miss
Jane Coleman, Mr. C. Mathews, Mr. Selby, and Mr.
Parselle; after which will be produced The Belle's Stra.
tagem, supported by the following first-rate artistes:—
Mrs. Nisbett, Mrs. Glover, Miss J. Mordaunt, Mr.
Cooper, Mr. F. Vining, and Mr. J. Wallack. The evening's
entertainments close with a grand concert, embracing
the vocal abilities of Gardor.i, Pischek, Lablache, F.
Lablache, Mr. Harley, Mr. C. Braham, Madam Parodi,
Mdlle. Guiliani, Mdlle. Jetty de TreiTz, Madame de Meric,
Miss Poole, Miss Lucombe, Miss Nelson, the Misses
Fyne, the Hungarian Singers, and several eminent
foreign instrumentalists. etessrs. Balfe, Benedict, and
Schira, conduct the concert. We scarcely ever re-
member a combination of talent so attractive, and we
have not the slightest doubt but that the house will be
crowded to excess.
APPOINTMENTS.—Robert Ganaway M'Hugh, Esq.,
is appointed Second Puisne Judge of the Supreme Court
in bt. Lucia. Daniel Robertson, Esq., is appointed
Colonial Secretary for the Settlements in the Gambia.
William M`lieen, Esq., to be a Member of the Legisla-
tive Council in Nova Scotia. Thomas Todd, Esq., se-
cond paid attaché to the British Embassy at St. Peters-
burgh, is appointed second paid attachi at Vienna.
Windson Heneage, Esq., unpaid attaché at Paris, is to be
paid attaché at Dresden, in the place of Mr. Boner, ap.
pointed Secretary of Legation at Munich.— Observer.