The Sun.
London, England, 1857-05-27 00:00:00

MR. COBDEN AND HIS DISCIPLES,

The folkowing letter, from Mr. Cobden, appeared
in a morning contemporary of yesterday
you allow me m say that my letter to
Mr. Lindsay, which appeared in your Saturday's
paper, was penned without the slightest suspicion
that it would meat the public eye ? Otherwise, al-
though the arguthents and facts would have been
identically the same, I should have written in a
different and more appropriate tone.
But 1. am more especially anxious to offer this
explanation, that I may do justice to my feelings
towards the gentleman for whose eye alone my
hasty and familiar observations on the China ques-
tie,n were intended. Entertaining, as I do, a sin-
cere respect and regard for Mr. Caird, at whose feet
I sit as a pupil in my miniature practice of husban-
dry, and from whom I have received many personal
kindneszes, he is the last man at whose expense I
should have thought of parading my superior know-
ledge on questions. of commercial policy—a supe-
riority which, if it really exists, is attributable
solely to his having applied his acute and original
mind to the study of another and equally important
branch of national enterprise.
I am half inclined to rap the knuckles of my.
friend Mr. Lindsay ; but when I remember his try-
ing dilemma, and how often I have myself been in
the same woful plight, the ferule drops from my
hand. He was addressing, for the fourth or fifth
time, I believe, in the course of a couple of months,
the same audience. Under such circumstances
topics are apt to run dry and texts to be exhausted.
What was to be done ? There was my letter in his
pocket, which reached him that morning. Could it
be any breach of confidence within those familiar
walls, and in such a friendly meeting as he saw
before him, to disclose its contents ? The letter
was read ; and probably not until be saw every
word of it blazoned to the world in the columns of
the Times was he fully aware of all that he had done.
I have encountered the same temptations scores of
times, and succumbed more than once—how can I
then refuse him absolution or doubt that our mu-
tual friend, Mr. Caird, will do likewise ?—I am,
Sir, your obedient servant,
Midhurat, May 23.

R. CORDEI,T.

FRAUDULENT TRUSTEES.

The following is the text of the bill brought into
the Howe of Commons by the Attorney-General,
to make better provision for the punishment of
frauds committed by trustees, bankers, and other

persons entrusted with property :
Whereas it is expe&ent to make better provision
for the punishment of frauds committed by trus-
tees, bankers, and other persons entrusted with
property c Be it enacted by the Queen's Most Ex-
cellent Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and Com-
mons, in this present parliament assembled, and
by the authority of the same, as f lows :
I. Whosoever, being a trustee of any property
for the benefit, either wholly or partially, of some
oth-r parson, shall, in violation of good faith, and
with intent to defraud, appropriate, convtrr, de-
stroy, dispoae of, or employ such property, or any
part thereof, to or for his own benefit, use, or pur-
poses, shall be guilty of misdemeanor.
11. Whosoever, being a banker, merchant, broker,
attorney, or agent, and• being entrusted a,4 such
with the property cif any other person, shall, iu
violation of good faith and with intent to defraud,
sell, negotiate, transfer, pledge, or in any manner
convertor employ, to or for his own use, such pro-
perty or any part thereof, shall be guilty of a mis-
demeanor

111. Any person entrusted with any power of
aftorney for the sale or transfer of any property
who shall sell, transfer, and convert such property,

or any pars, thereof, to his own use or benefit,
shall be guilty of a misdemeanor.
IV. Whoever, being a bailee of any pro-
perty, shall fraudulently take or convert the same
to.hig own uge, or the use of any person other. than
the owner thereof, shall be guil,y of a misdtmeanor.
V. Whosoever, being a director, member, or public
officer of any boiy corporate or public company,

shall fraudulently take or apply, for his own use,
any of the money or other property of such body

corporate or putjlic company, ;hall be guilty of a
misdemeanor.

VI. Whosoever, being a director, public officer,
or manager of any body corporate or public com-
pany, shall receive or possess himself of any of the

money or other proper-ty of such body Corporate or
public company otherwise than in payment of a
just debt cr demand, and shall wilfully omit to

make or cause or direct to be made a ftill and true
entry thereof in the books and accounts of such
body corporate or public company, shall be guilty
of a misdemeanour.

VII. If any director, manager, public officer, or
member of any body corporate or public company,
shall wilfully destroy, alter, mutilate, or falsify
any of the books, papers, writings, or securities be-
longing to the body corporate or public, company
of which he is a director or manager,. public officer
or member, or make or be privy to the making of
any false or fraudulent entry, or any fraudulent
omission in any book of account or other document,
with intent to defraud the shareholders, creditors,
or other persons interested in the property or
effects of such body corporate or public company,
every director so offending shall be deemed guilty
of a miAemeauour.

VIII. Whosoever, being a director, manager, or
public officer of any body corporate or public coin-
piny, shall wilfully make, circulate, or publish, or
concur in wilfully making, circulating, or publish-
ing, any written statement or account which he
shall know to he false in any material particular,
with intent to deceive or defraud any member,
shareholder, or creditor of such body corporate or
publia company, or with intent to induce any per-
son to become a shareholder or partner therein, or
to entrust or advanco any money or property to
such body corporate or public company, or to en
ter into any security for the benefit thereof, shall
be guilty of a misdemeanour.
IX. Every person found guilty of an offence
under this act shall be liable, at the discretion of
the court, to be kept in penal serviqrde fir any
term not exceeding sevrn years, or to suffer such
oilier punishment, by fine or imprionwent, or by
both, as the court shall award.
X. Nothing in this acc contained shall enable or
entitle any person to refuse to make a full and
complete discovery by answer to any bill in equp y,
or to answer any question or interrogatory in any
civil proceeding in any court of law, equity, or in
the Courts of Bankruptcy or Insolvency ; but no
answer to any such bill, question, or interrogatory
shall be admissible in evidence against such person
in any proceeding under this act.

XI. Nothing in this act contained, nor any pro-
ceeding, conviction, or judgment to be had or
taken thereon against any person under this act,
shall prevent, lessen, or impeach any remedy at
law or in equity which any patty aggrieved by any
offence against this act might have had if this act
had not been passed ; but no conviction of any
such offender shall be received in evidence in
any action at law or suit in equity against him.
XII. No proceeding or procecution for any
offence included in the first section of this act shall
be commenced without the sanction of some judge of
one of the superior courts of common law or equity,
or of her Majesty's Attorney General, or, in case
that office should, be vacant, of her Majesty's
Solicitor General ; and in order to obtain such
sanction an application may be made by affidavit
or on oath, to any such judge, Attorney General,
or Solicitor General, and if it shall thereupon
appear to him that there is reasonable and pro•
baibellaeticiaLgusteo
oforrevsuidcehnpcirnogcetehdeintgistibeeosrhrailglhgtivteohaisny
sanctionrro p er property,
o,
othe
givingprosecution
hto ft theo r
eic'ioavr
etyr accused
receive
e
provided that where any civil proceeding shall
have been taken against any person to whom the
provisions of the said first section of this act may
apply, no person who shall have taken such civil
proceeding shall commence any prosecution under
this act without the sanction of the court or judge
before whom such civil proceeding shall have been
had or shall be pending.
XIII. Whosoever shall receive any chattel,
money, or valuable security which shall have beent
so fraudently disposed of as to render the party
disposing thereof guilty of a misdemeanour_
the same
any of the provisions of this act, knowing h
to have been so fraudulently disposed
and
guilty of a misdemeanor, and may be indicted.f,tshall be
convicted thereof, whether the party guilty of the
shalt not have
principal misdemeanor
been previously convicted, or sobrall or shall not be
howsoever convicted,
amenable to justice, and,
shall be liable to the same punishment as the per-
son guilty of the principal
.misdemeanor.
XIV. In every prosecution for any misdemeanor
against this act the court before which any such
offence shall be prosecuted. or. tried may allow the
expenses of the prosecution in all respects as in
cases of felony.
XV. No misdemeanour against this act shall be
prosecuted or tried in any court of general or quar-
ter sessions of the peace.
XVI. The word " trustee" shall include the
heir and personal representative of any trustee, and
also all executors and administrators, and all assig-
nees in bankruptcy and insolvency, bailees of goods,
and every person holding or having the disposition
of any property for the benefit of another.
The word " property" shall include every de-
scription of real and personal property, "pulley.
(W ts, and legacies, and all deeds and ini,irumen!,
f any money or goods ' • and such word property shall
also denote and include not only such real and per-