The Sun.
London, England, 1858-02-22 00:00:00

THE 5t5N LONDON,I MONDAY EVEN 1 NG, FEBRUARY 22, 1858

the other, in terms which we , trust few of its
readers will be found to admire, taxing him with
Eastern severity, and with legislating for selfish
and improper objects. We have looked somewhat
carefully into the bill on which such very oppo-
site sentiments are entertained, and having given
it our best attention, we cannot refrain from say-
ing we think both our contemporaries are very
decidedly wrong. The subject is undoubtedly a
difficult one, but we think Lord BROUGHAM has
grappled with it, and successfully; for the bill, it,
while altogether abolishing imprisonment in the
ease of the honest debtor, yet, at the same
time, ensures the punishment of the dis-
honest one. Under the bill a Judge trying
the cause—trying the question of debt or no debt
—has the power, also, of trying whether the debt
was incurred fraudulently, or without the debtor
having at the time of contract the means of pay-
ing it, and this being proven, the judge has
power, and is bound) to order immediate punish-
ment
bty imprisonment. So again, if a creditor
has obtained a judgment against his debtor, he
may summon him to show cause why he should
not pay or be committed ; and if it appear that
the debt has been contracted by false pretences,
the debtor may be imprisoned. But this bill
does a great deal more ; it proposes to abolish the
distinction between traders and non-traders, and

to extend to the latter the laws in force relating
to bankrupts, with, however, the very proper
reservation, that this shall only have effect as
regards debts and liabilities which shall be con-
tracted subsequent to the passing of the act ; and
by another bill, which his Lordship has since

introduced, viz., the " District Courts of Bank-
ruptcy Abolition Bill," his Lordship proposes to
abolish the present system of first, second, and
third class certificates, and, in lieu of leaving the
assignees and creditors to imprison a fraudulent
bankrupt or not as they may think proper, to give
the Court a direct power of punishment by impri-
sonment. This last bill is quite as important as
the other, and we think the two (for they appear
to us to be parts of a whole) are well calculated

to bring about a more healthy state of things, and
to put a stop to the frightful frauds and most
dishonest and disgraceful practices that are now
daily being brought to light. The bill we have
last referred to distinctly defines the offences on
proof of which punishment by imprisonment is to
be awarded, and it also defines the qlcantum of
punishment. We annex a copy of the clauses on
this subject,
and may take an early opportunity
of recurring to this bill

XXXIII. And whereas the powers hern.tof:,,re rested
in the liornmisaionera of the Court of Bankruptcy have
not been found sufficient for the prevention of frauds
or misconduct by bankrupts, and it is expedient to give
powers for that purpose : Be it enacted that section 257
of the Bankrupt Law Consolidation Act shall be, and
the same is hereby repealed ; and that if at the sitting
appointed for the last examination of any bankrupt, or
at any adjournment thereof, or atany sitting or adjourned
sitting for the allowance of his certificate, it shall appear
to the Court that the bankrupt has been guilty of any
of the offences hereinafter in this section mentioned, it
shall be lawful for the Court to adjudge that such bank-
.

rnpt shall be imprisoned for any term not exceeding two
_____

years.
List of Offences within the meaning of this Act, and in

this Section above referred to.
First—lf the bankrupt shall at any time after his
bankruptcy, or within two months next preceding his
bankruptcy, with intent to conceal the state of his
affairs, or to defeat the objects of the law of bankruptcy,
have destroyed any book, paper, deed, writing, or other
document relating to his trade, dealings, or estate.
Second—lf the bankrupt shall, with the like intent,
have kept or caused to be kept false books, or have made
false entries in, or withheld entries from, or wilfully
altered or falsified, any book, paper, deed, writing, or
other document relating to his trade, dealings, or estate.
Third—lf the bankrupt shall have contracted any of
his debts by any manner of fraud or breach of trust, or
by means of false pretences, or without having had any

reasonable or probable expectation, at the time when
contracted, of being able to pay th same ; or shall by
any manner of fraud, or by means of false pretences, have
obtained the forbearance of any of his debts by any of
hispreditors.
Fourth—lf the bankrupt shall at any time within two
months next preceding his bankruptcy fraudulently, with
intent of diminishiug the sum to be divided among his
creditors, or of giving an undue preference to any of his
creditors, have pail or satisfied any such creditor,
wholly or in part, or have made away with, mortgaged
or charged any part of his property, of what kind
soever,

Fifth—lf the bankrupt shall at auy time after hie
bankruptcy, and with the like intent as last aforesaid,
have concealed from the Court, or his assignees, any
debt due to or from him, or have concealed or made
away with any part of his property, of what kind soever.
tae bankrupt snail have contracted any of
his debts by reason of any judgment in any proceeding
for breach of the revenue laws, or in any action for
breach of promise of marriage, seduction, criminal
libel, slander, assault,
malicious prosecution, or malicious trespass.
the bankrupt shall under his bankruptcy,
battery, malicious
conversion,
arrest,ssv enatt
or at any meeting of his creditors within thr,e months
next precedingvx
of tprtheeryeto, hare attempted to account
for a
nxby fictitious losses or expenses.
x
t the sitting appointed for the last
exlmination of any bankrupt, or at any adjourns
fluent thereof, or at any sitting or adjourned sitting
for the allowance of his certificate, it shall appear to the
court that the bankrupt has been guilty of any of the
lvh.is If
property
)r
ao
offences herein-after in this section mentioned, it shall
be lawful for the court to adjudge that such bankrupt
shall be imprisoned for any term not exceeding one year.
List of Offences within the meaning of this Act, and in
this Section above referred to.
rirst—lf the bankrupt shall have put any of his
creditors to any unnecessary expense by any vexatious
or frivolous defence or daiy to any suit for the recovery
of any debt or demand proveable under his bankruptcy,
or shall be indebted in costs incurred in any action or
snit ve.-t Itiously brought or defended.
S econd —lf the bankrupt shall at any time after his
bankruptcy, or at any meeting of his creditors holden
within two months next preceding his bankruptcy, have
wilfully prevented or withheld the production of any
book, paper, deed, writing, or other document relating to
his trade, dealings, or estate.
Third—lf tile bankrupt shall during his trading, or
for ono year at least next preceding his bankruptcy, have
omitted to keep proper books of account, or shall have
kept his books imperfectly, oari,ies4ly_,
and negligently,
and so as not to exhibit at the bankruptcy the real posi-
tion of the bankrupt as to his debts and credits.
Fourth—lf the bankrupt shall have omitted to take
stock, and to enter the same in a book or on paper in
writing, once at least during every two years of his
trading.
Fifth—lf the debts, claims and demands proveable
under the bankruptcy shall, from time to time as such
debts, claims, and demands were contracted, have so
greatly exceeded the means of the bankrupt to provide
for the due payineut or satisfaction thereof (regard being
had to his actual and expected property) as to show
gross misconduct in the bankrupt as a trader in con-
tracting the same.

Sixth—lf the bankrupt shall, in his conduct as a
trader, at any time after his bankruptcy, or within 12
months next preceding his bankruptcy, have wilfully
committed or suffered any act which in the opinion of
the Court shall not amount to any off ance above speci-
fied in this Act, but which nevertheless shall appear to
the Court to have been committed or suffered by the
bankrupt i❑ violation cf good faith, or with intent to
defraud or injure some one or more of hic creditors,