The Sun.
London, England, 1861-02-22 00:00:00

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pRICE 4J) STAMPED, SD.

If they were colluding to defraud the bank. Mr.
Holcroft, who Wag a most respectable man, had
certainly been accommodated from time to time
by the prisoner. with loans of raoney, which he had
from time to time repaid, and, believing the
other prisoner to be a person of the highest
integrity, he had allowed him, to use his own
word, to " operate" on his account, never imagining
that he would do so dishonestly. Darden asked
his permission to pay certain sums to his account,
and then representing that he had done so, got him
to sign cheques for those amounts to withdraw
those sums. The prisoner Darden had described to
one of the witnesses large quantities of property of
which he was possessed, and it was not surprising
that a man doing such large transactions should
have considerable sums to pay into a bank and
withdraw from it. At all events his conduct
admitted of two solutions, and he (Mr. Wontner)
trusted that the magistrate would take the more
charitable view of it.

Mr. Henry—They- have not shown the amount
of his real account, but it is opined that it was very
small.

Mr. Wontner—No doubt. He allowed the other
to operate with it.
Mr. Henry—l think that shows collusion.
Mr. Wontner—lt does not show a fraudulent
collusion.
Mr. Henry—l shall submit that question to a
juryM.
r. Wontner—Will you admit him to bail, sir P
Mr. Henry—Certainly not. I have well consi-
dered the matter. The prisoners must be remanded.
The prisoner nurden—Can I have a cab ?
Mr. Henry--I make no distinctions.
The prisoner Durden—But I cannot get into the
van.

Mr. Henry—ls that really so ?
Sergeant Holmes, who had Burden in charge,
said—lt is so. He has lost the use of one side
from paralysis.
Mr. Henry—Oh, well, if he is incapable of being
removed in the van, he can have a cab.

(From the Daily News.)

The prisoners were then removed, Durden being
assisted out of court by the officers.

TILE NAVY:

Her Majesty's ship Trident, Commander Nicolas,
has returned to Woolwich for repairs of paddle.
wheel, damaged on entering Sheerness. The repairs
will be completed by Monday next, when she will
return to the Nore, under the orders of the Port
Admiral, and will proceed thence to Hull for the
protection of the North Sea fisheries.

The Isis, 44, fitting for Sierra Leone, and the
screw gun vessel Pigeon, 5, both of which are in the
second dock at Chatham, will, according to present
arrangements, be undocked on Monday next, when
the Hussar will be placed in the same dock. The
Pigeon has been fitted for the third division of the
Steam Reserve.

The screw gun vessels Dart, 5, and Sparrow 5,
each of 80-horse power, which arrived at Chatham
a few days since, are to be attached—the former to
the second-class and the latter to the third-class
Steam Reserve. It blew a hard gale from the
southward at Chatham all yesterday afternoon,
making communication with the various ships in
harbour hazardous. There was also a great deal of
rain.

The Icarus, 11, screw, Commander N. Salmon,
V.C., is clearing out alongside the sheer jetty of
Portsmouth dockyard, pending further orders.
The Victory, 104, flagship of the Commander-in-
Chief at Portsmouth, will be placed in dock for
examination on the 28th inst.

Commander W. T. F. Jackson, R.N., arrived at
the Admiralty, Whitehall, yesterday, with de-
spatches from Admiral Mundy at Naples.
The following appointments were made yester-
day at the Admiralty :—Henry Hosken, second
master, to the Victory ; Robert J. Roberts, first-
class assistant engineer, to the Cumberland, for
charge of the machinery of the Camelcon, in lieu of
a chief engineer ; William Hammond, third-class
assistant engineer, to the Asia, as supernumerary ;
and J. Birth, third-class assistant engineer, to the
Cornwallis.

EW S PAPE R

T V:A.
,e 4-1.) • tetfif,tl It? .
1.41
.Al/49
Committee -Orthellerciihtile La‘AnEind-
ment Society have issued their report upon the
Attorney-General's new Bankruptcy Bill. It con-
tains a digest of the principal clauses of the measure
to which the committee consider it necessary to
direct the attention of commercial men, with com-
ments upon the changes in the law those provisions
will effect. With the exception of a few matters of.
detail which appear to require alteration, the com-
mittee speak of the Bill in terms of unqualified ap-
probation, and express their gratitude to the
Attorney-General for the labour he has bestowed
upon the subject. The amendments suggested in
the report are as follows ;—" That creditors' assignees;
should not be called upon to give security, as,
such an obligation would deter any banker or mer-
chant from accepting the office. That the manager,
who is to wind up a bankrupt's estate under the-
the direction of the assignees,- should he ap-,
pointed by such assignees, not by the creditors ;
and that it should not be necessary for the as-
signees to call a meeting of creditors in order to
obi:ain their discharge. That the b nkrupt shall
have his order of discharge granted at the meeting.
for his examination in all unopposed cases, instead
of having to attend another meeting which would
have to be advertised. That the Court shall not in
any case have power to refuse an order of discharge
to a bankrupt who shall conform, since such refusal:
might (after the abolition of the Insolvent
Debtors' Court) operate as a sentence of per-
petual imprisonment, and a bankrupt arrested
by a creditor subsequently to the refusal of his order
of discharge would have no tribunal to which he
could apply for release from custody. That the
majority to bind a minority with respect to deeds
for effecting private arrangements shall be a majo-
rity of the creditors iu number representing three-
fourths in value, instead of a majority of three.-
fourths in value only, as proposed by the bill." By
the commercial community the amendments thus
suggested will probably be deemed not only reason-
able but indispensable. The report concludes by
stating that, although the committee regret that the.
law has not been consolidated, they have no hesita-
tion in stating that with the modifications named
the bill will satisfactorily fulfil mercantile require-
ments, and they accordingly appeal to all bank-
ruptcy law reformers to exert themselves to facili-
tate its progress.

The good sense of the House of Commons
triumphed last night over inveterate prejudice int
the discussion of those essential clauses of the
Bankruptcy and Insolvency Bill which are to maks
the property of a non-trader debtor liable to the
same law of distribution among his creditors as
that of the trader. Sir G, Bowyer described
the Law of Bankruptcy as a tremendous engine
for cutting up a debtor and distributing his
property among his creditors, and hoped the
country gentry would consider carefully before
they subjected themselves to its tremendous
power. Everybody, but especially their cre-
ditors, must hope so too, but this they may do
by the simple expedient of paying their
debts. If through misfortune or improvidence
they are unable to do that, it does not seem so very
hard that their property should be divided, just
like that of other insolvents, amongst their credi-
tors to whom it of right belongs. It is very incor-
rect to represent the Law of Bankruptcy as it is
proposed to settle it by this bill, as a law of severity
not calculated for the relief of the debtor. Colonel
Dunne repeated the " country-gentleman's" argu-
ment, until a stranger might have supposed that
the class endangered instead of being rooted in the
nation by fixed possessions were a mob of Montague
Tiggs. As the Attorney-General observed, the
people who will feel the inconvenience of the pro-
posed reform are those who go abroad, livein shame-
ful extravagance, on means which rightfully belong
to others, and laugh at their creditors. Cases of
this kind are very common, and it is not because
such persons are non traders that the law should
not provide means by which their property may be
given to those to whom it is due. Sir Hugh Cairns
and Mr. Walpole put the opposition on most tenable
ground when they admitted the principle of assimi-
lation and directed their criticism to the guarantees
against improper adjudication of bankruptcy which
the circumstances and legitimate habits of the non-
trader render necessary. In opposition to Sir G.
Bowyer, Sir H. Cairns admitted that to be subject
to the bankrupt law is, to a certain extent, a
benefit and not a disadvantage to the non-trader.
But he apprehended danger from the power which
he supposed would be given to creditors to present
a petition for an adjudication in bankruptcy before
judgment obtained. But, as the Attorney-General
showed, in every such case the creditor seeking to
establish an act of bankruptcy against the non-
trader debtor must prove the malus animus of the
debtor ; and not only so, but that he had exhausted
all the means in his power togive the debtor notice
iof his application to the Court. • There were
clauses which provided the mode of giving such
notice, if it could be done ; and they were for the
benefit and security of the debtor, and to prevent
his being made a bankrupt before be had received
such notice. But, even if notice could not t'e given
to the debtor, it would then be necessary for the
creditor to satisfy the Court that all the means
These
his power had been resorted to to do so.
'CSC! explanations appear to have satisfied the
house.