The Sun.
London, England, 1840-11-13 00:00:00

INSOLVENT DEBTORS.

TO THE EDITOR OF THE SUIV.
SlR,—There is a subject relative to insolvent debtors
and their creditors which has attracted my attention for
some time past ; my holding an official situation has given
me ample time to observe the workings of the present
system.
(The subject our correspondent refers to is the disposal
of the insolvent's property by private sale, at a valuation
which he considers alike unfair towards the creditors and
debtors. He recommends theref9re that the superfluous
property be sold by public auction; then, and not till then,
will such property be fairly disposed of.)
There is another hardship which is very injurious to in-
solvent debtors, namely, the power that is given to
creditors (and which is too frequently acted upon most
vindictively and unfeelingly), to discharge insolvents out
of custody the day previous to hearing, causing friendly
detainers to be lodged against them, to make sure of
passing the Insolvent Court, and thereby save themselves
from such merciless creditors. Suppose A is taken in exe-
cution at the suit of B, too late, I will say for the pre-
sent term. A must, necessarily, lay till the next term ;
perhaps nearly five months. He files his petition and
schedule, agrees with his attorney for a certain sum to
pass the Court, say perhaps 10/. or 201., as the case may
be, he (the insolvent) not being able to pay the amount
down, gives a cognovit to paid by either weekly or monthly
instalments; all this may be, and has been done. Then oil
the very eve of his hearing he is discharged from custody,
worse by the amount agreed upon by his attorney, and upon
his failing to execute the agreement with him, he is
plunged into prison again, at the suit of his attorney, and
there to lay, sine die, unless he effects a settlement
with his detaining creditor, and in consequence of
his other debts, subjected to be detained at the suit of
other creditors. Now what I would propose is this, that
where a discharge arrives at a gaol to liberate a debtor,
appointed for bearing at any Court for relief of insolvent
debtors, between the last day of filing schedules and that
of hearing, unless by the free consent of the insolvent so
to be discharged, it shall be lawful for the Commissioner
of the Circuit to cause the insolvent to be summoned be-

fore him, and upon the hearing the matter of hist petition,
and schedule, unless there shall be proof of fraud, &c., he
shall be discharged forthwith by the said Court, thereby
stopping that harsh unfeeling spirit which has hitherto
existed in the breasts of such vindictive creditors.

If you can find room in a portion of one of your columns
for the insertion of the above, you will be conferring a
lasting obligation on many a pour debtor, and confer a fa-
vour on AN OFFICIAL.
Norwich, Nov. 12, 1840.

It is calculated that the Great Western Railway
will be opened at Hay-lane l3ridg three miles this side
of Swindon, by about the sth of December.—Devizes
Gazette.

CURATES' FUND.—The admirable institution
" for promoting the employment of Additional Curates in
Populous Places," of which the Queen is Patroness, and
the two Archbishops arc Presidents, and the whole bench
of Bishops Vice. Presidents, has by no means met with
the support which a Society so authorised and su consti-
tuted deserves. Under the strictest rules of Church dis-
cipline, and the entire control of the respective Bishops,
its great endeavour is to supply funds to the incumbents
of populous parishes, to enable them to procure clerical
assistance, and that a!one. This Society does not inter-
fere in the least degree with the qualification, choice, ap-
probation, or appointment of curates, which belong alone
to the incumbents and Bishops. During the current year
the Institution has made grants to the incumbents of
ninety-sev.-ni parishes and districts throughout the king-
dom to the amount of 6,915/., approaching to within 100/.
of its whole annual income. The Bath Diocesan Branch
of this Society has within these two years remitted 651/.
as a donation to the Society in Lcndon, and made grants
to twelve places in the diocese, five of which arc within
the city of Bath, and one to the suburban pariah of
Weston.--Bath Chronicle.
A Concert of the Music Class of the Literary and
Scientific Institution, Hackney-road, took place on Wednes-
day evening, and was numerously attended. The members
of the class, on this occasion, secured the valuable aid of the
Misses H. Aldwell and Galbraith, the former of whom was
loudly and deservedly applauded in the beautiful ballads
of " I'll Speak of Thee" and " Elien of Tyrone,"—and
the latter in " Logic o'Buchan," and a seena from
Robert is Diable. The whole went off well, with the
exception of the instrumental part of the entertainment,
in favour of which we cannot say much.
• FAILURE OF A VIENNA BANK.—One of
the principal banking.houscs of Vienna, Messrs. \Vendl
and Co.,
have suspended payment. The liabilities are be.
lieved to amount to several hundred thousand florins.