The Sun.
London, England, 1849-05-24 00:00:00

numerous constituents, so jus!ly complains. Attach-
ments are of a twofold character—first, the ordinary
attachment of goods and chattels, the property of the
alleged debtor ; secondly, what is termed the foreign
attachment, where proceedings are taken to seize
upon the goods, moneys, or credits of the debtor in the
hands of a third party, who is brought into Court on
the allegation that he has property in his hands be
longing to, or is himself indebted to the real de-
fendant, which claim it is sought to transfer to the
claimant.

In the first instance an affidavit is sworn, either by
t_hepl
aintiff himself or some person on his behalf, be-
fore the Lord Mayor or Recorder, stating that the cause
or causes of action, and that the debt was within the
jurisdiction of the Court, or (where the amount
claimed is under 201.) that one of the defendants
resides withal the jurisdiction, an 1 that there is
reason to fear that the claim is in danger
of being lost unless an attachment be granted against
the goods; of the defendant. It will he noticed that
even the poor security afforded by the plaintiff being
required to swear personally to the validity of his
claim is 'wanting. The affidavit of any person who
Professes to be personally acquainted with the cir-
cumstances of the case, and to speak to the facts of
his own knowledge, is sufficient ; the process there-
upon issues, and the stock in trade or goods of
the defendant are forthwith seized by the Marshal
of the Court, without any notice whatever,
and without his being allowed an opportunity
of averting an act so injurious to his character and
credit—perhaps occasioning his utter ruin. If bail
be not given within twenty-four hours in double the
amount of the alleged debt, the goods are removed
from the premises where they were taken to the
Marshal's stores, who is entitled to certain fees for
Storeage, &c. The bail to be given is not analogous
to that required when arrest on mesne process was
sanctioned. It is not merely for the appearance of
the defendant, and for his being forthcoming to
abide the judgment of the Court, which might
Perhaps easily be obtained, but it provides
for the full payment by the sureties of such sums as
alaY be decreed to the plaintiff, including the costs of
!_he suit. It may easily be conceived how difficult it
for the small trader (and such persons are gene-
rally the victims of these oppressive and harassing
Proceedings) to procure two persons resident within
the borough, able and willing to become security for
the full satisfaction of the debt, within so short a time.
~418 mere fact of the seizure. induces former
"'lends to stand aloof, and if anything should be due
to themselves to adopt immediate proceedings to
obtain payment thereof. A removal, there-
fore, generally takes place. A public exposure
is the inevitable consequence. The credit of the un-
fortunate sufferer is wholly blasted, he can no longer
.earry on business as he had previously been accus-
tomed, and his prospects in life are irretrievably
ruined by the undue facilities afforded to some per-
Sonalth enemy or rival in trade who may choose to put
r oppressive law into operation. The goods so
removed
-perhaps of a fragile description—are also
materially
three deteriorated in value. If, as we are told,
removals are as bad as one fire, it may readily be
conceived what damage will be inflicted by the
careless hands of the Marshal's bailiffs and
assistants in bringing the goods to the stores and re-
turning them, if the defendant should be so
fortunate as to procure the necessary bail.
1
".f bail be not given within twenty-four days
after seizure, the goods are sold by the Marshal's
auctioneer, and the proceeds, after deducting fees of
!s• in the pound upon any sum under 1001., and 6d.
in the pound on all above that amount, the cost of
atoreage, removal, advertisements, and a variety of
other demands, are lodged in court to abide the event
of the suit.
The proceedings under a foreign attachment are of
a very circuitous and expensive character. Want of
space unfortunately prevents us from detailing the vex-
atious course adopted—a course equally injurious and
oppressive to the alleged debtor and to the garnishee,
z. e., the third party who is asserted to have property
in his hands belonging to the real defendant, or to be
indebted to him in any amount. In many instances
the process is resorted to by a party in collusion with
the debtor to coerce payment of a fictitious claim
against the garnishee, which it may be supposed he
will rather settle than undergo the annoyance, ex-
posure, and expence of a trial in the Borough Court,
a tribunal not very celebrated for the soundness or
legality of its decisions.
This then is the system which Mr. REYNOLDS,
with the full consent and approbation, indeed at the
express desire, of the commercial community, wishes
to abolish. Every resident in the Irish metropolis,
or in any of the various boroughs throughout the
Country subjected to a similar jurisdiction, is mate-
rially interested in the speedy abatement of so in-
tolerable a nuisance. The English manufacturers
are so equally. The goods which they sell upon credit
a person believed to be respectable and solvent
ray be swept away the very day of their arrival
Y a collusive juggle between the purchaser
and Some friend, or relative, who can obtain a third
tears°n to swear an affidavit of debt, which can easily
7 effected, when there is an absolute certainty that
judgment will be suffered by default, or at least that
no effectual resistance will be offered to the recovery
of the
fictitious demand. Why then should any diffi-
culty suffered to prevail? Why should these ad•
mitt "be
There evils be tolerated for a single moment ?
are, it appears, three functionaries who
realisere _ considerable profits from these transactions
The
ne Marshal and his two bailiffs have, it
appears, held their offices for a considerable
Period,
and they claim compensation for the losses
they
will undoubtedly sustain if the process of aat-
tachmentt be altogether abolished. However oppres-
ve
the practice, or objectionable the proceedings,
they are not in fault ; they were public officers
appointed to execute what (however faulty) was most
unquestionably the law of the land ; and their
offices being invariably held for life, or during good
behaviour, they had reasonable grounds to suppose
that no change would be made that would
involve them in comparative poverty and
destitution without some provision being
Made for their losses. The amount involved does
not, we believe, exceed some 5001. or 600/. a year at
the outside ; but by whom should these annuities be
payable ? The Chancellor of the Exchequer objects
to any alteration that may possibly occasion a charge
upon the Consolidated Fund. He acknowledges the
importance of the measure, the vast benefits to be
derived from its adoption to her MAJESTY'S
subjects
generally, to those tax-payers by whom the national
7'txchequer is replenished ; but he refuses compensation
because the parties claiming it are the servants of the
Dublin Corporation, and he declares that most of it
Should (if not all) bepaid from the municipal funds. The
Corporation, on the contrary, declare that their funds
Will not be in any degree benefited by the alteration ;
that it is the public generally who will reap the ad-
Zatage, and who should consequently pay for it.
,7ey also declare that the claimants were not ap-
rinted by them; that they were legacies (daninoue
-4ereclitates) bequeathed by their predecessors of the
unreformed
Corporation, and they positively and dis-
tinctly,to and as we think very correctly, refuse
the Obstinacy
saddled with any new liability. Owing to
Obstinaey of Sir CHARLES WooD, the abomina-
tions
te
Petuatd, which we have above referred are to be per-
on three or grievous injustice is to be perpetrated
persons who are to be stripped of their
situations
hundreds
without any equivalent lest some few
per annum, might be charged on the public
Purse for
lne few remaining days of tae.se old men's
Nord we are as anxious for every just economy
as Sir
CHARLES WOOD himself. We would as
strongly object to the perpetration of a job as any of
the Ministers ; but England is not yet so bankrupt
m resources, that a gross injustice should be perpe-
tuated to save a few paltry hundreds per annum.
Compensation should be given to the Marshal and
bailiffs, and the Consolidated Fund is the only source
from which that compensation is properly payable.
80 many difficulties, such economical scruples, would
not be interposed if the claimants were some titled
aluemrists or hereditary pensioners with Parliamen-
tary influence to sustain their demands for annual
thousands; but unfortunately, in the present instance,
they are men without rank or influence, who can only
rely upon the justice and equity of their cases, and
the smallness of the amounts required, and of course
they are to be treated with supercilious contumely.
Mr. REYNOLDS, himself, suggested a mode by
Which the matter might be equitably and fairly ar-