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

TilE SUN, LONDON, FRIDAY EVENING, FEBRUARY 22, 1861.

I'll.ll. GALE.

CHICHESTER, THURSDAY.

The beautiful spire of Chichester cathedral,
together with its tower and supporting arches,
fell in one crash this afternoon, about 25 minutes
to two o'clock. For some time past the attention
of the architect, Mr. Slater, has been directed to
the restoration of the south-west and north-west
piers, which were in a very defective state. Every
precaution has been or was in the course of being
taken to give the tower proper support, but on
Sunday last some of the old stonework gave way
and workmen were set cn to strengthen the sup-
ports. Still, we believe, no fear of such a calamity
as we now record was anticipated, two eminent
engineers and the cathedral architect holding the
opinion that the spire was safe. During this morn-
ing, however, a very ominous cracking, giving way
of plaster, and falling of pieces of stone, gave warn-
ing of danger, and on the men returning from
dinner to their work they were ordered to desist
and leave the building. By this forethought their
lives were saved, and up to the present time there is
no person missing. Another fortunate circumstance
is, that in falling, the spire, according to eyewit-
nesses, crumbled into itself, the area of ruin being
little larger than the space occupied by the tower
and its supports. The transept, nave, and choir,
remain apparently safe. The fall seemed to be a
gradual subsidence. The spire preserved its erect
position until the vane vanished beneath the roof.
In about five seconds this beautiful structure became
a mass of ruins. It was an object of beauty for miles
around, and served as a kind of landmark to the
traveller, go which way he would. The bishop and
other inhabitants residing in houses adjacent to the
cathedral had timely warning. The fabric, with the
exception of portions of the north and south tran-
septs, is apparently uninjured. The gale of the
previous night doubtless accelerated the fall.
The cathedral has been subject to many changes.
The original cathedral was founded and the building
completed towards the close of the 11th century.
In the year 1114 it was injured by fire, and,
though restored, it was entirely destroyed by a
second fire in the year 1186. 'Bishop Seffred is
said by some historians to have built the church
from its foundations. Be that as it may, it is
agreed that his building is the nucleus of the
existing cathedral. It consisted of the nave with
its single aisles, the centre arcade, with its lower
tower and transept, and of the choir. Its architec-
ture shows the marks of many periods—the late-
ral towers, up to the second tier, belong to the
original church ; that facing the south exhibits
four elegant examples of early Norman arches ; the
arches in the third tier are of the tall lancet shape.
The central tower was begun by Bishop Neville
in the year 1222. The spire was raised about the
year 1387. It is the central tower and spire that
have vanished.

BRISTOL, THURSDAY.

Last night one of the most violent gales for many
months past swept over Bristol and its neighbour-
hood, from points varying little from the South.
Mr. W. C. Burder, F.R.A.S., of Clifton, gives the
following description of the storm :
There had been a stiff breeze during the greater
part of the day, but there was nothing amounting
to a gale till about 9 a.m. Between 9 p.m. and
9 30 p.m., the mercury fell rapidly, and the wind
increased, the surface current being rather to the
east of south, while the lowest clouds were moving
(not very rapidly) from nearly due south. The
greatest forceFof the wind occurred from midnight
till 12.30 a.m. on Feb. 21 (Thursday), when the
pressure on the square foot was about from 201 b. to
251 b. This extreme force did not last many minutes,
and about 1 a.m. the gale had sensibly diminished.
At 4 12 a.m. there was only a moderate breeze, still
about south-west. There was then a lunar halo,
and the sky was covered with a cirrous haze,
through which the brighter stars could be seen
dimly. At 9 a.m. there was a solar halo, a mock
sun, and a rainy looking sky, the mercury again
beginning to fall. The following details will con-
vey some further information :

Day and Hour. Reading of Bar., Direction Approxi-
Reduced to of Wind. mate Pres-
Sea Level. sure in lbs.
on Sq. Ft.
Feb. 20, 5 p.m. .. 23,147 S.S.E. 0
930 p.m: .. 79'305 S.S.E. .. 6
10 45 p.m. .. 29 175 .. S. 12
11 0 p.m. .. 29.136 S. .. 12
11 15 p.m. .. 29115 .. S. .. 12
11 45 p.m. .. 29'071 .. S.W. .. 16
Feb. 20-21 12 mid. .. 29'062 .. S. .. 18

Feb. 21 29'095 .. S. S. W. .. 25
412 a.m. .. 29•38 S .. S.W. .. 4
9 0 a.m. .. 29.458 .. S. .. 1
10 0 a.m. .. 29432 .. S.

Such was the fury of the gale that the electric
wires on the Great Western, Midland, and South
Wales Railways were blown down, and telegraphic
communication with Bristol was entirely cut off
throughout yesterday. The wires are expected to
be restored to working order by this morning. On
the Great Western line the passengers by the mail
train from London, which leaves Bath about mid-
night, narrowly escaped a serious accident. On
reaching the Brislington-tunnel, about three miles
from Bristol, the engine got entangled in the tele-
graph wires, which had been blown down, and
were lying across the line. The train was stopped
as quickly as possible, but was not able to proceed
for nearly two hours, and did not arrive at the
station till about 2.30 a.m. The damage done in
Bristol is very considerable, but fortunately seems
to have been unaccompanied by any loss of life.
The upper storey of a house occupied by Mr. Hunt,
facing Bond-street, and having one side on the
Upper Arcade, was carried off, and blocks of free-
stone weighing between 1 cwt. and 2 cwt. were
hurled a distance of between 30 and 40 yards. Mr.
Hunt and his family did not reside on the premises,
and from the lateness of the hour no ono happened
to be passing at the time. A very high stack of
chimneys belonging to Cox's dining-rooms, St.
Nicholas-steps, was blown down, doing considerable
damage to the roof. The cooperage of Messrs.
Ford and Canning, on the Butts, was much in-
jured. The effects of the gale were felt with equal
violence in the direction of St. Philip's and Bap-
tist-mills, where it seems to have assumed the
character of a whirlwind. In Waterloo-place, West-
street, the fronts of the small houses were blown
into the street. A constable on duty immediately
alarmed the inmates, who, although sleeping in the
rooms from which the fronts had disappeared, were
unaware till roused of anything unusual having
occurred. The vane of St. Simon's Church was
displaced by the wind and carried a distance of
about 60 yards. The floating landing stage at
Bristol-bridge was severed from its moorings and
carried as far as St. Philip's-bridge, where a consi-
derable portion was broken away, and the remainder
drifted still further up the river. In Clifton a fine
tree in the parish churchyard was rooted up, and
on the downs the destruction was very great. In
fact, in all parts of the city houses were unroofed,
trees felled, and other minor damages resulted from
the violence of the gale. As yet but few shipping
disasters in the Channel are known to have occurred.
The W. D. Sewell, American ship, reported on
Wednesday as put back dismasted, was driven at
the top of high water on the mud, and remained
almost high and dry to yesterday morning, when,
in consequence of the extraordinary rise of tide,
being 10 feet more than the indicated height, she
was got off ind proceeded to Bristol. The rise of
tide yesterday afternoon was eight feet more than
the height indicated by the tide tables. The Eliza-
beth Emily, for Africa, drove a little, but sustained
no serious injury. The Dora, from Demerara, and
the Austrian brig Rodosto, came in collision, and
were both slightly damaged. The Pet, from St.
Michael's, also suffered from the severity of the
gale. The steamer Athlete, from Liverpool for
Bristol, put into Holyhead. At 5 p.m. yesterday
afternoon the wind was blowing a gale from the
south, there was every appearance of the ap-
proach of another violent storm.

the southward. The Augustine was from Nantes
with grain for this port. The names of those saved
are Joseph Gautier, master; Etienne Bigot, mate;
and Francois Bore, able seaman. Those lost are
Julien Dare, seaman ; Louis Pastieux, boy ; and a
lad of about 17 years of age, called Julien, shipped
at Nantes, his first voyage at sea. The fishing sloop
belongs to Brixham, port of Dartmouth, and is
called the Four Brothers. The noble fellows in her
boat were William Cornish, the master; James
Cornish, his brother ; Thomas Bray, John Bur-
goyne, and Richard Tuckeiman, The distressed
Frenchmen were clinging to their brig's topmast,
which was level with the water, and frequently
covered by it. The only mode of communication
was with the boat's painter, a short rope. They
were surrounded by rocks in a heavy sea, and the
fisherman incurred great risk of their lives in res-
cuing the brig's people. When all eight werein the
sloop's boat there was much danger of her being
swamped.

PORTSMOUTH, FEB. 21.

We had a hurricane here from S.S.W. from about
midnight until between 3 and 4 a.m. to day. It
had blown hard for some hours previously from the
same quarter, with falls of rain, gradually increasing
in strength as the night wore on. At daylight this
morning it moderated, but towards noon again
freshened, and now (6 p.m.) it blows a hard gale
from S.W. ; the barometer, one of Negretti and
Zambri's sea-coast (latest patent), marking 29 and
two-tenths, with the temperature at 52.

WORCESTER, THURSDAY.
The most fearful hurricane that this part of the
country was ever visited by raged last night, com-
mitting an incalculable amount of mischief in the
destruction of timber,the unroofing of houses, blow-
ing down of chimneys, &c. No loss of life is
reported, but the damage to property has been
general. The wind blew in the evening from S.E.,
and gradually increased in violence until midnight,
when it appeared to have reached its height. It
raged with unabated violence until 2 o'clock this
morning, gradually veering round to the west.
Trees are blown down by hundreds in the country
round, and chimney stacks innumerable have been
thrown down.

NORTHAMPTON, THURSDAY.

We were visited here with a dreadful storm of
wind, accompanied with a heavy fall of rain, which
lasted from midnight until about 3 o'clock this
morning, and which most probably has swept over
the whole of the midland districts. The wind
howled fearfully along the streets and carried
away innumerable chimneys, tiles, and slates. In
Sheep-street its ravages were attended with shock-
ing havoc to property, and with the destruction of
two lives in a house occupied by Mr. John Groom,
jun., an extensive boot and shoe manufacturer. This
house has been one of very long standing, and it is
said that most of the floors and timbers in it were
dilapidated, if not rotten. About two o'clock,
when the storm raged most violently, a large
stack of chimneys came down with a terrific crash,
and carried away the roof and the two floors under-
neath, burying Mr. Groom, his wife, their two
children, and a servant maid in the ruins. Mr. and
Mrs. Groom were in bed on the first floor at the
time, and the children and the servant were also in
bed on the floor below, and it was nearly three
hours after the accident that they were discovered
lying under heaps of bricks, stone, broken timbers,
bedsteads, and bedding. When taken out Mr. and
Mrs. Groom were found to have been seriously,
though not dangerously, injured, so also was the
eldest child. They were very much' cut about
various parts of the body and scarcely able to move.
The servant and the younger child were both dead.
It would appear as if they had been instantaneously
killed by the immense weight of the fallen building.

BIDEFORD.

A fearful storm visited this town on Wednesday
evening, about 11 p.m., raging with great violence
until 2 a.m. Several chimney stacks have been
blown down, and in one instance two poor women
had a miraculous escape, a stack having fallen
through the roof on their bed while they were in
it—Wind, south-west. Thursday, 6 p.m.—The
storm commenced again at 12 a.m. today, and is
raging now with great violence. Trees of immense
girth have been broken off, and great danger done
to house property.

COWES, THURSDAY EVENING.
A violent gale, from the south-west, has been
raging here for the last 24 hours; it has westerned
a little this evening, but, if possible, increases in
violence. The ships in the roadstead ride well.

TEE COMMERCIAL BANK FRAUDS.

Yesterday afternoon, at the Bow-street Police-
court, John Durden, of 9, Park-village East,
Regent's-park, clerk at the late Commercial Bank
of London, and James Holcroft, of 109, Hatton-
garden, agent and wholesale boot and shoe dealer,
were charged with having defrauded the directors
of the said bank of three sums of money, viz..
£l5O Gs., £149 Os. 4d., and £66 9s. 11d., together
with other sums, the said Holcroft being charged
as an accomplice.

- -
The prisoner Darden was undefended; Mr.
Wontner attended for Ho'croft. Both prisoners
appeared about 43 years of age.
Mr. Humphreys, -jun., stated that he was

instructed to prosecute the two prisoners, one of
whom (Darden) had admitted that, during his
clerkship in the bank, he had robbed the establish-
ment of nearly £70,000. Darden was a ledger-
clerk, and it was his duty to enter in his ledger the
amount of deposits made by customers. The other
prisoner was a nominal customer of the bank,
having a very paltry account in reality, but which
had been swelled to an enormous amount by ficti-
tious entries made to his credit by Darden, who
then used Holcroft's cheques upon this imaginary
account to effect the embezzlements with which the
prisoners were now charged. This fraud was
effected by Darden in the following manner :—He
received the amount of £156, for example, and
entered it to the account of Messrs. Hamilton and
Co.; he at the same time entered the same amount
to Holcroft's account. This was done with a large
number of deposits from day to day, Holcrott's
figures being omitted in the casting up, so that there
did not appear any discrepancy in the sum total.
He would now call two or three witnesses and then
apply for a remand.
Charles Arthur William Chauncey I am
manager of the Henrietta-street branch of the
Commercial Bank of London. The prisoner John
Durden, was a ledger-keeper in the service of the
bank, at a salary which was raised to £l5O at
Christmas, I think. He had been at Henrietta.
street since 1849, according to my memoranda. I
don't know how long before. He kept two ledgers,
ranging from Dto M. From information I had
received, I went to the bank between eight and
nine o'clock in the evening of Friday last, the 15th
inst. The prisoner was there. The bank had
closed at four o'clock. On finding him there I had
him assisted into my room, and then said to him,
" I understand your books are not correct ; is that
so ?" or, " I understand that there is some inaccu-
racy in your books ; is that so ?" I saw at once
from his manner that it must be so, and after some
hesitation he said he would rather speak in the
absence of Mr. John Slann, one of the ledger-
keepers, who was then in the room. Mr. Siann
withdrew, and I asked him the amount of his
defalcations. Ido not think I used that word. I
probably said, " How much is it ?" I was much
agitated. He wrote on a bit of paper, which I now
produce, the figures 66,992-7-3. There is no
a d, but there are breaks between the pounds,
shillings, and pence. I asked him how he had
done it? He said he had operated through
two accounts, one in his own name, long since
closed, and the other that of Mr. Holcroft.
I asked him how it was carried on ? He told
me that he had credited cams of money
which had actually been paid in to other accounts,
not only to the account of the right owners of such
moneys, but to the account of Mr. Holcroft also:
He also said he held Mr. Holcroft's promissory
notes for about £6,000, which he considered would
be ultimately good, and which he was willing to
make over to the bank. He also said that he pos-
sessed property of considerable value, and upon my
asking him about the probable amount, I understood
him to say that it might be of the value of about
£20,000. I can hardly recollect what occurred after
that except that he asked me what I was going to
do, and I said I must consult the directors. I
know the prisoner Holcroft. He has an account at
the Commercial Bank.

Cross-examined by Mr. Wontner—l first dis-
covered this on my return home on Friday night last
about eight o'clock. Tb at was the first time I knew
any thing about it. I saw Holcroft a day or two
after. I think the next day. I cannot say how
often I have seen him since, I have been so harassed,
and have seen so many people. I did not send for
him to-day or for his pass-book. I do not know
how long he has had an account.
To Mr. Henry—l did not make the discovery
myself. I was informed of it by Mr. Slann.
To Mr. Humphreys—ln consequence of what
Mr. Slann said to me I went with him to the bank,
where I found the prisoner Durden.
To Mr. Henry—l have been acting as manager
since 1849, but was appointed manager more
recently. I was aware that he had had an account.
I think it was closed about nine or twelve months
before I entered the bank. Holcroft's account
was opened before I went to the bank, that is to
say, an account in the name of Holcroft and Co.
To Mr. Humphreys—l saw Holcroft at the sta-
tion-house to-day. He said something. I wish to
say that I only give the substance of what was
said, not the exact words, as I do not recollect them
precisely.
Robert Stacey Price—l have offices at No. 5,
Gresham-street, and am one of the directors of the
Commercial Bank of London. It is a joint-stock
bank under a deed of settlement. Mark Hunter
and others are trustees. We are governed under
the General Bankers Act, and have no private act
of our own. On Saturday, 16th inst., I went to
Durden's house, 9, Park-village East, Regent's.
park, in company with Mr. Winkworth. I was
shown up to his bedroom, where he was sitting in
a chair by the fire. He appeared very much affected
at first seeing us. Mr. Winkworth told the prisoner
he presumed that he (the prisoner) knew what we
came about. The prisoner assented by a nod of the
head. I said, "We have come to inquire what you
have done with the property of the bank, and
whether you have any securities ?" He said he had
been speculating in buildings, and had a considerable
amount of house property about Westbourne- square
and the streets adjoining, of; which he could not
then give us the particulars. I asked if he
had the deeds of the property in his posses-
sion ? He said, No; as they were mortgaged
to various persons whose solicitors hld the
deeds ; but that he would send the particulars to
the bank—they were mortgaged for a sum which
he mentioned, between £32,000 and £33,000. We

then inquired relative to any other property, and
he gave us the particulars of some houses at North-
ampton. He gave me six promissory notes, which
I now produce, signed James Holcroft, which he
(Durden) endorsed in my presence. The amount of
these promissory notes is £6,890 18s. Id-. Three are
dated Dec. 14, 1860, and are for £1,493 18s. 2d.,
£1,150, and £1,144 respectively. The three others
are dated Jan. 31, and are for £1,027 7s. 7d.,
£1,035 13s. 4d., and £1,039 19s. respectively. He
also gave up to me 14 cheques, 12 of which were
filled up with sums of money and signed " James
Holcroft," the other two signed but not otherwise
filled up. None of them were dated.
Mr. Humphreys—l presume they were to be
used as occasion required. What is the total
amount of those that are filled up ?
Witness—£BBslBx. 4d. He stated nothing else,
except as to other property that he had. The
cheques are all signed " James Holcroft, twelve
filled up with various amounts, two in blank—none
dated.
Thomas Dyson—l am one of the cashiers in the
Commercial Bank of London. I know both pri-
soners. Holcroft had an account at the bank. I
have seen him write, draw cheques, and attach
his signature to draw money on that account. The
signature to the six promissory netes and fourteen
cheques produced I think are all written by Mr.
Holcroft.
Mr. Humphreys—That is as far as I propose to

go to-day
Mr. Henry—The prisoner Durden has no solici-
tor. Do you (to Durden) wish to ask any of the
witnesses any question ?
Durden shook his head.

......... .......
Mr. Wontner submitted that there was no evi-
dence to show that Holcroft was in collusion with
the other prisoner to rob the bank. The whole
commercial world had been startled by the dis-
covery that it was possible for one of the clerks of
a bank where accounts were supposed to be kept
with ordinary care, to extract from their coffers
upwards of £66,000, notwithstanding the periodi-
cal checks by which it is supposed that the directors
ascertain that there is really in the bank the sum
which the books would appear to demonstrate.
Surely, then, if the whole commercial world and
the directors of the bank themselves were so
grievously startled, how was it possible that the
defendant could have divined that the party with
whom he was dealing could have drawn out the
enormous sum of money, and that the proprietors
could have known nothing about it P To show
that Holcroft had been dealing legitimately, and
not at all collusively with the other prisoner, if
any argument were wanting, it would be found in
the fact of his having given Darden the promissory
notes, for which there could have been no occasion

pRICE 41). STAMPED,
.SD.

if they were colluding to defraud the bank. Mr.
Holcroft, who was a most respectable man, had
certainly been accommodated from time to time
by the prisoner with loans of money, 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. burden 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
jury.
Mr. Wontner—Will you admit him to bail, sir ?
Mr. Henry—Certainly not. I have well consi-
dered the matter. The prisoners must be remanded.
The prisoner Durden—Can I have a cab ?
Mr. Henry—l make no distinctions.
The prisoner Durden—But I cannot get into the
van.

Mr. Henry—ls that really so ?
Sergeant Holmes, who had Darden 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. _ _ _

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

TEE 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 Cameleon, 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.

TVT 7
b:, 1 1 i F
r-E-=
THE NETS' BA.)
u.:;.
(11"--- •
. I.Z.n
The Committee of the
ment o• ty have issued
_.,3te _
Attorney-General's new Bankrifikty on-
tains a digest of the principal deals oftfte m sure
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 be all
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
obtain their discharge. That the bankrupt_ 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 in 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 satisfactoril), fulfil mercantile require-
ments, and they accordingly appeal to all bank-
ruptcy law reformers to exert themselves to facili-
tate its progress.

(From the Daily. News.)

The good sense of the House of Commons
triumphed last night over inveterate prejudice in
the discussion of those essential clauses of the
Bankruptcy and Insolvency Bill which are to make
the property of a non-trader debtor liable to the
same law of distribution among his creditors as
that of the tradei. 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, live in 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 males animus of the
debtor ; and not, only so, but that he had exhausted
all the means in his power togive the debtor notice
of 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 he bad received
such notice. But, even if notice could not be given
to the debtor, it would then be necessary for the
creditor to satisfy the Court that all the means
within his power had been resorted to to do so.
These explanations appear to have satisfied the
house.