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

I stands the non-pnyin,..at 0.:. judgment debt (upen which
a plantiff is in a siiu.,:i, n to sue ou-: execution) w:tl,iii
a certain number of e„.ys rd. mend is an act et &ink.
ruptcy. :Snrety. it is
.riot too much to presurne ti .at
creditor, before pu:tirg in •,:ri x, must have-Th--•
marled eayment o' I.i-; debt without affect.
A ,fortiori, therefore, it evidence of the nenps3 merit of
a ju fgrnent debt be an act of bankruptcy, the levy unter
an eh cation out: st to be evidence of an act of tx.,nk-
ruptcy; and by Art. 113, it is so provide d, if proceedings
in ba,kruptcy 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 bankrepes in Scot-
land. But then (and this is also 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 fur his exertions; and therefore he will ha'e
preference for his full costs, as between attorney and
client, bona fide ineurrad 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 mt,ning transfers, and the not tak-
ing possession, are badges of fraud, yet they du not
necessarily, where retaining possession is consistent with
the t rms of the transfer, rende' such transfer fradulent;
and there 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 w.suire 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 secrcy is made, the not
having taken actual possession and removed the 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.
Bat the law does not seek to give effect to fraudulent
prefererves.
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
payments, 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 regards small
Estates.
By Art. 83, a per-tentage on the estate of the bank-
rupt is substituted for the 201. and 10/. fees, and this
payment can in no case exceed 51. 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 201.
and 101. tees—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 Jess
with debtors to commit frauds, and there by 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.)

worse."

111.-OF ARRANGEMENTS BETWEEN DEBTORS AND
THEIR CREDITORS, WITH THE CONCURRENCE OF A

CERTAIN NUMBER THEREOF.

Thu 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
Princa Leopuld 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. tier Majesty's box was occupied by Sir Augustus
and Lady Clifford, Mrs. Clifford, and Captain Ciifford,
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 Fox, his Excellency the Russian
Minister, the Baroness do Brunnow, Madlle. Olga de
Lechner, and Madlle. de Brunnow, his Excellency the
Swedish Minister, his Excellency the Neapolitan Am-
bassador, his Excellency the Danish Alinister, the
Countess Reventlow, and the Countesses Ililda 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 0;
the Argentine Republic, the Marquis of Ailcsbury, 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
Besborougb, the Earl of Shelbourn, the Count de
Backe, M. de Berg, M. Consfari, the Baron do 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, Loid 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
Warneford, Lady Edwards, Lord Stewart, Lord Cran-
ston, Lord Southampton, Sir Seymour Sadler, Sir C.
Shakerley, Bart., and Lady Shake:Hey, Sir 11. Webb,
Bart., Sir IL Willoughby, Bart., Sir J. Tyrrell, Bart.,
M.P., and Lady Tyrrell, Sir R. Howard, Bart., M.P.,
and Lacy 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 Upton, General the lion. H.
Cavendish, Lady Deavoux, the Hon. R. C. Neville, &c.
ROYAL ITALIAN OPERA, COVENT-GARDEN.—His
Royal Highness the Duke of Cambridge and her Royal
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 Knesbeek, 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 Bective, 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 lion. Miss Foley,
Lady Rendlesham, Lord and Lady Clinton, Sir Robert
Peel, Bart.; Lady and Miss Peel, Sir Clayton E ist, Bart.'
and Lady East, Sir T. Clare, 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 De Horta and
Madame De Horta, Sir Charles Marshall, Lady Lush-
ingtou, Sir Witham Abdy, Bart.; Sir Henry Pilule,
Lady Molesworth, Sir John and Miss Burgoyne, Lady
Palmer, Lady Crewe, and Lady Georga Manners, &c.
DRURY LANE THEATRE.—The programme put
forth this evening by Mr. Bunn, on occasion of his annual
benefit, is of an extraordinary character, embracing as it
does the names of the most talented artistes, both mu-
sical and dramatic, in the profession. The performancet
will -ComMence with the elegant vaudeville of Hod your
aTpopnegaure,,
viinz.
which;—Mad tham Vestris, Miss H. Gilbert, Misse elite of the Lyceum coma any will
TSheelbßye,llaen,sds Ajar:
Parse ,
Jane
ICleo.leamrtaenr,wishlirc.hCw.
irlabtehepwrosdiaMcerd.
tagem, supported by the following first-rate artistes:—
Mrs. Nisbett, Mrs. Glover, Miss J. Mordaunt, Mr.
Cooper, Mr. F. Vining, and Mr. J. Wailack. The evening's
entertainments close with a grand concert, embracing
the vocal abilities of Gardoni, Pischek, Lablache, F.
Lablache, Mr. Harley, Mr. C. Braham, Madam Parcdi,
Millie. Guiliani, Mdlle. Jetty de Tren, Madame de Merle,
Miss Poole, Miss Lucombe, Miss Nelson, the Misses
Tyne, the Hungarian Singers, and several eminent
foreign instrumentalists. Messrs. Balfe, Benedict, and
Schira, conduct the concert. We scare( ly 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.

June 25, 1849.

ArPOINTMENTS.—Robert Ganaway Mqiugh, Esq.,
is appointed Second Puisne Judge of the Supreme Court
in St. Lucia. Daniel Robertson, Esq., is appointed
Colonial Secretary for the Settlements in the Gambia.
M'Keen, Esq., to be a Member of the Legisla-
tive Council in Nova Scotia. Thomas Todd, Esq., se-
cond paid attache 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. Bonar, ap-
pointed Secretary of Legation at Munich.—Observer.

SPOR TIN G INTELLIGENCE.
NEWCASILE 1(A( ES.
Tile !ollowing 11. cou.pktt• kit of the grriva!,; up to
eight (Sond.:ty
,t, T. ni
• (.:41,nticievr, A,rt9„l3it2ityr, Elltcalchort •• •
Shylock, Kthg, JUilattari,
Lammermoor, Cigarette, Oshaidetton,
Countess of Albemarle, John Co:ser, Mulgrave, Gul-
liver, Legerdemain, The Flapper, Osbaldwtek, Tom- ^
tit, Lady Aberdour, Penang, Executor, .L u 1 singer j_
Cacupbine.
}1
,•I

SPORTING NOTES.

" I'll issue notes,
Which may on Fortune's 'cLange be bartered
Fer much money"—WALLyyGE.

TO THE EDITOR OF THE SUS:
No. 1.

Sin,—Under the above head it is my intention to write a
series of articles, which shall contain, in addition to the
usuel anticipations of the fates of the various stakes, a
retrespecnive glance at the principal races of every meet.
ing, showing how far they effect the most important en-
gagements of future "meets;" and likewise, the latest
" mov( s on die board" known only to the "initiated,"
which, except by some such channel as myself,
...oriel re e r rcech the numerous daliblers in tha odds,
who abeund in ail parts of the kingdom; the idea of
mine will, I thick, he of considerable sereice to a large
portion of ttie sporting fraternity, and ein such hope I
now emit rtake the p!easurab!e task.
These " notes" will appear on the Monday preceding
every re-union of consequence, and occasionally When
any event of importance demands it, on the Tuesde:y or
Wednesday following, but this hill be notified in the
Monday's " no:e."
At the twin meetings of the Bibury Club and Stock.
bridge, on Wednesday and Thursday last, Mr. Neville's
Herbert by Venison, managed to win both the Produce
Stakes ; in the first, beating Glenlyon, Letitia, and the
Pelerine filly, and in the hst, the Iron Duke, Mirror,
Letitia, Glenlyon, and West Country Lass ; this,
mHielerbheorrtseon;
acouppalredwiethithyhaitsicperformanceoadtsAecs(cmodt.,
raptuet
Sidney, and Letitia, Herbert's stable companions are
both inferior to him, the former about four, and the
latter eight pounds. It is a curious coincidence that for
the last three years, both the Produce Stakes have been
won by the same horse—in 1847, by Red Hart ;in 184$,
by Loadstcne; and in the present year by Herbert.
Humphrey, by Cotherstone out of Conscience, made a
victorious debut by winning the Champagne Stakes in a
canter, beating Giraffe, Augean, and Sergius; all four •
are in the Derby, but, with the exception of the winner,
have not the most ghostly chance of figuring in that
race to any advantage.
For the Stockbride Triennial Stakes, Bee Hunter, by
Gladiator out of Valentine, and Sweetheart, by Touch-
stone out of Catherine, ran a dead heat, beating Cari-
boo (3d), Ugly Doe (4th), Kathleen (sth), and the fol-
lowing tailed off:—Lampoon filly, Chariclea, Soldier's
hJaody
it all hainsd Esplanade.
ownway In
,winninthge fibynal hsixealetngththe
sl.lunTthere
winner is not in the Derby, nor in any stake of
consequence besides the Molecombe at Goodwood
and the Doncaster St. Legyr of next year; he will
make a first-rate Cup horse, rieid much more noise in the
ring than his unfortunate half- brother. War Eagle did;
Sweetheart is in the Derby, and is an improving nag;
but :Is to Cariboo, I think he will turn out a second
Puffy, or Woodcraft, good for a mile, or a half, but no-
thing more, not likely to show for the Derby next year.
Newcastle this year returns to the old custom of having
five days' racing, as in the days of Eclipse (170), in lieu
of f ur, the number of the last few years, which might
I think be very advantageously cut down to three, in-
stead of increased to five. To-day there are three races
on the card, the, ball opening with
.

The Convivial Stakes, for which Chantielestr 9st !lb,
Plaudit 7st 41b, and Maid of My Soul 6st 101 b, look the
most formidable; as " the grey" seems to be the only
runner of tho three, him I'll take " for better, for

The Five Sovs. Stakes, gentleman ridtrs, /nay pos-
sibly be won by Sheraton, Tom Bowling, and Jonathan
Handy.

The Maiden Plate entry includes The Flapper, The
Swift, and Present.

To-morrow the sport commences with the Tyro Stakes,
which Messrs. Cireen, or Merry, will pocket with the
Countess of Albemarle, or Brennus.

The Produce Stakes will end in favour of Vanguard,
Bst 71b, or Bolus, Bst 21b, the former for choice;
Priestess, 8s: 11b, being thud.
The field for the Northumberland Plate will be small,
not more than a dozen, I presume, to be selected from
the following:—

st. lb.
Limestone, 5 yrs
Executor, 5 yrs
Shylock, 4 yrs
John Cosser, 4 yrs
Distaffina, 4 yrs
Mahon, 4 yrs
Camphine, 4 yrs
The Railway King, 5
yrs 6 11

Bt. lb.
Escape 4 yrs
Tom Tit, 5 yrs
Impertinence colt, 4 y 6 5
Kennington, 3 yrs
Lugar, 3 yrs 5 3
Andalusian, 3 yrs 5 2
Rodney, 3 yrs
Legerdemain, 3 yrs 4 8
Miss Ann, 3 yrs
m,

Of the above I consider Limestone, Executor, Shylock,
Distaffina, Mallon, Lugar, and Legerdemain to be the batch
the race will lay among; Limestone, if meant, I should
back against the other tivo- 3 ear olds; Shylock I prefer
to Mahon, and Legerdemain to Lugar, yet there aro so
many " wheels within whee ls," so many compound in-
terests to serve, that I am sot ely puzzled hew to get at
the moving principle of the machine.
To me it is a mystery whether Messrs. Green and
Stebbings intend to win with Malton or Shylock; both
will run, and possibly the latter may be the nag.
Mr. Merry's nag Kill be Limestone, I should think, not-
withstanding the large sum put on Miss Ann at the
sporting houses during the last few days, if meant, he
will be about the mark. To these two, i.e. Limestone
and Shylock, with Distcffina and Legerdemain, I shall
look for the winner, taking the first and third for choice.
As yet only four are scratched for this race, Nunny-
kirk, Belus, Puffy, and Miss Harrison, the latter at 6
p.m. en Saturday.
On Wednesday, Ucentio, Miss Ann, and Cigarette,
will furnish the first and second for the Free Handicap.
The Hotspur Stakes will be won by Nunnykirk, it he
runs, otherwise by Elthiron, with Robert de Brus in
close attendance, the Abbot of Meaux and Emma Donna
making up the field.
Li the First Triennial Produce Stakes I see nothing
likely to cut out Mr. Meiklam's fine Derby colt, The
Italian, although Witchcraft, Gleam, The Knight of
Avenel, and Pitsford, are included in the nominations.
On Thursday we have the Gateshead or Lottery
Stakes, which seems destined for Mr. Bowes with The
Knout; Langton, Lugar, Lammermoor, an either Velox
or Imperatrix forming the field.
Mr. Bowes will also win the Tyne Stakes, 1201. not
being tempting enough, I should think, to induce the
owners of Penang and Pitsford to run their horses.
For the Gold Cup,

"Hark, hark! I hear
The strains of strutting Chanticleer."
The Member's Plate Handicap, and the Innkeeper's
races conclude the sports at Newcastle-upon-Tyne; and
now for a word or two upon the Winchester races, which
come off on Thursday and Friday next.
The Great Produce Steles will have Herbert, Bst 91b,
and Glauca, Bst 31b, first and second, and with 61ba
difference the latter ought to have the best of it.
The Foal Stakes, to Glenlyon, Bernadotte second.
The 50 Sovs. Stakes, for two-year—old, to Passion
filly, or Festive.
The Two-year-old Stakes will bring Officious and
Blarney together, and may possibly end in the defeat of
the latter.

The Winchester Stakes, to Lancaster or Puffy; West
Country Lass third.

THE SPIRIT OF THE TURF.

THE BRITANNIA BRIDGE.—The accidents during
the great trial were few. One man broke his thigh, and
two pitched headlong into the water wcre recovered. A
piece of iron suddenly detsched from come part of the
works by a swing of a rope, cut a man's nose clean off
at the bridge. Had the tube, the only fear, jilted over,
it would have fallen on some 50 men on the pontoons,
who must inevitably have been killed. A number of life
belts were provided in case of accident.
_ _

The death of Lieutenant Alexander Pope, whose
name was so prominently mentioned in connexion with
the retirement of the Dragoons at Chillianwalla, is an-
nounced by the newspapers. lie died at Kussowlee on
all, of ILM. 53d Foot, was
struck the 21st ultimo. The same journals inform us that Mrs.
Dstartcnk dd: by lightning, elie2
wife
of Dr. Drtut
on the 20th ultimo, during a
viol( nt storm at Simlah. Her avah was also killed; and
a child of Mrs. Dartnell, with her nurse, seriously'
injured.
distinguished officer, Sir Benjamin. D'U
the opportu-
nity In consequence of the lamented deathrboafttlhGat.cve.Bry,
expenditure
in
British North America. The command has been
latet_y
rh.ta_
ssbeen Commander oe
.nf ttioer Forcesed.udce t
hiken Canada,
military Commander
of h
Forces abolished,
ill command the troops in Nova Scotia and New Bruns-
wick,enoeral
divided, andthe higLhileyutpeanrenrt.aGn
w receiving no additional pay, as he holds also the
situation of Civil Governor of Nova Scotia. Major-
General Rowan will receive the local rank of Lieutenant-
General of the Staff, and succeed to the command in
the Canadas. The effect of these arrangments will be a
saving of the difference between the pay of Commander
of the Forces and a Lieutenant-General on the Staff,
and the reduction entirely of a lieutenant-general,
with all his staff, as soon as these arrangements take
effect, making a saving to the public of nearly 3,0001. a
year.
CRICKET.--THE CARLISLE MECHANICS' CLUE.—
The first match of the season between two picked elevens
of this club was played or, Thursday on the Bitts, Car-
lisle. The following is the score :—First eleven, 113 ;
second ditto, 97. The Carlisle and Whithaven Clubs
also played a match on Tuesday on the ground of the
former. The score at the conclusion of the game stood
thus :—Carlisle, first innings, 60 ; second, 81. White-
haven, first innings, 36; second, 49.
TUE SHRIEVALTY.—We understand that the gen-
tlemen to be proposed to fill the office of Sheriffs of
London and Sheriff of Middlesex for the ensuing year
are Mr. Alderman Lawrence, citizen and cordwainert
and Mr. Donald Nicoll, citizen and spectacle-maker.
The latter gentleman is the extensive tailor and woollen-
draper of Regent-street and Cornhill.
DEPARTURE OF TUE CANADA. -- LIVERPOOL,
SATURDAY EVENING.—Tho American mail steamer,
Boston via Halifax. Sh
Canada, Captain Judkins, sailed from this port for
carries out a number of
passengers, and the usual weekly mails for Canada and
the United States. The steam-ship Niagara, which was
to sail from New York on the 13th, and Halifax on the
- 16th, is expected to reach the harbour in the course of
Monday next.