The Sun.
London, England, 1819-03-13 00:00:00

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London : Printed for Sherwood, Neely, and .)ones, Pater-
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Of whom may be l.ad,
The Thir►een former Numbers. Also the First Volume of
the same Work, price 11-. Ils. 6d, in boards,

rOR THE SUN.
, -
JNSOLVENT LiETYNAS Ii PRISON:
Mn;EDiTOß,—Thequestioii of Imprisouthent for
Debt curses tinder the satire consideration as many
others,whether tire remedies provided would remove
the evil Of piodtice the benefit intended, till expe-;
rience stemild actually ahOw the result of theprisc-
tice under the Acta of Parliament mule eXperi-
mentally for a limited time, at Abe end'ot which
they might be continued by other Acts, applicable
to.the Circumstances appearing to require varia.s
tiOn in the forther provisions, to produce an ins
crease of adVantage to the fortifier Acts. The ex-
perimeotal Acts pieed for relief of InSolvent
Debtots, May, diScoter, under their administra-
tion, the effects of the proVisious as to both
Debtors and Creditors, as well as to the public
interests of the Country, liable to be injured, and
inbapable of being benefited, through the medium
of what originally affected Onlyia limited number
Of individnal.i. The contemplation of the Legis-
lature kerbs to have been that, in whatever man-
ner it
,might be provided, such Acts should be ad-
ministered. Those to whom the administration
was confided, would rvitness the effects and con-
sequences ; and whether it was under the autho-
rity of the Courts of Law or Equity immediately,
or by Commissioners or a Commissioner, the first
legal and equitable Authorities would become
most correctly informed of every matter of com-
plaint or inefficiency, and, by these means, the
practice in its current would be so directly an-
thent icated and known, as to afford the opportu-
nity necessary for weighing all the opposite con-
siderations for or against the continuance of the
Acts, or any alteration or amendments. The dif-
ficulty of such an administration, or whether the
Acts should or not be administered at all in par-
ticular cases, wherein either the Debtor or Cre-
ditors should apply to the Court against such ad-
ministration on the grounds that might be stated,
being no other than the difficulty that arises in
other cases, calling for the judgment and expe-
rience which determine them to the security of
the public on occasions of the greatest nicety.— .
In cases of Bankruptcy, this 'principle has been
long admitted and.acted upon ; and in this con-
templation, it may yet be a question of some im-
portance whether the confined Debtor shall be
permitted, in all cases, voluntarily to surrender
his estate and effects as a condition for his dis.,
charge, without reference to the practicability of .
an arraugement more equitable to the views of
his Creditors and others, who may be entitled to
contingent or reversionary interests, and which
might be better protected than by an assignment
of all the Debtor's interests under the Acts, es-
pecially considering that such assignment affeets
the future earnings of the Debtor, and that his
assets becomes subject, in the hands of his heirs,
to the payment of debts incurred by him, and not
paid under the assignment.
The expence of theadministration of the Acts,
properly considered, is to be compared with the
loss and expence to the public, under the old prac-
tice of Imprisonment for Debt, a situation which
suspended useful employment, whilst it left the
numbers confined to be maiotainetr at the charge
of others s the loss and expence to the public
would appear, perhaps, on the view to be taken
of both, duly estimating the probableexpence of
administrating the Acts in the due application to
every possible case of Imprisonment, under the
authority to which the administration may be .
confided, The Act of Parliament for Relief of
Insolvent Debtors is founded on the same prin-
ciple tss the Cessio Bonorum by the Law of Scot-
land. The maxim of it is cede et decede ; and as
Credit is usually given on the faith of property,
coercion is no farther necessary than to obtaln the
restitution of such property. The origin of Arrest
in England was to compel account, and personal
restraint was only enforced with that view. It
applied, in the first instance, to Bailiffs and
Stewards, who in feudal times were Receivers
and Collectors for their Lords. To obtain pro-
per accounts, the Law authorized Captions ; and
upon such a6Younts being rendered, liberation
followed. ,In process of time Debtors of every
description became subject to arrest, and now, by
the Insolvent Acts, they are intitled to liberty
upon due account and surrender. The Acts for
Relief of Insolvent Debtors ate not therefore an
innovation upon, but a recognition of, the old
Law.

• The Law of Cessiii Bonoruin is practised in
Holland and other parts of the globe, as well as
in Scotland, with beneficial consequences, and
the application of it will gradually become bene-
ficial-too in England. The advocates for Impri-
Sonment can adduce no public argument for arbi-
trary restraint on the liberty of the subject incases
Of Debt, and to treat the question in a private
view, would argue a selfi,h consideration which
liberality and jus►ice must condemn. But neither
a public or private good can resoltirom holdin4
a man in custody for not performing in►possi-
biiities.
Feb. 24, 191 p.

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