The Sun.
London, England, 1826-07-19 00:00:00

BANKRUPTS.

His Lordship stated, he had turned over in his mind,
not without great anxiety, what ought to be done in matter
of costs, and he was now satisfied that he could not re-
fuse the costs.

Mr. Hart, on behalf of Mr. Grinstead, hoped the
Court would give at least an allowance of the costs that
were incurred by Mr. G. in preparing to go to trial upon
an action, and delivering his briefs, when the very day be-
fore the trial, came to this Court to have the action
changed to an issue.

Mi. Horne opposed this. The alteration consisted only
of one word; and the very same briefs were delivered with
the alteration of that one word.

His Lordship thought this did not alter the necessity of
giving costs as against Mr. G.

COVENT GARDEN THEATRE.
CONST e. HARRIS.
His Lordship had read the papers in this case, and
will mention it again when he c.omesinto court to-morrow.
If this court. was to administer, in the nature of trust, the
affairs of Covent Garden Theatre, it did appear to his
Lordship, that the gentlemen who belonged to that
theatre, receiver and all, would have to be treated exactly
as if the property were real estate. But the Court was
extremely puzzled, with respect to the decree the Vice-
Chancellor had made in the cause.
Mr. Hart said, that his Honor's decree was contended
against, on the ground that it was not co-extensive with
the relief the party was entitled to, if he were entitled to
any at all.

Mr. Sugden, appearing for Mr. Harris, said, the Gentle-
men on the other side hurried on the case in such a way
in the Court below, that it was impossible a satisfactory
decree to any party could have been made. They would
not allow the cause to stand till the cross cause could be
heard.

Mr. Hart believed the decree to be under an appeal.
His Lordship doubted whether the directions contained
in the decree would not affect the orders made in the cause
by this branch of the Court, with respect to the receiver's
payments. HoWeyer, it was impossible the Court could
permit the thing to go on as it had been going on, but his
Lordship will express himself more fully to-morrow.

BANKRUPTS' ALLOWANCE.
His Lordship said there was another matter which,
when the Counsel in it came into Court, he would dispose
of. The question was, what a bankrupt was entitled to
as a matter of allowance, regard being had to the Act of
Parliament, that regulated a bankrupt's allowance prior to
the passing of the last Act on that subject, and also regard
being had to the last Act. The opinion of the Court was,
that the last Act did not affect the quantum of allowance
at all, if the right to the allowance vested, before the
passing of the last Act of Parliament.

IVlL—Sugden believed that this point had been decided,
and decided in the same way by his Honour the Vice-
Chancellor.

• His Lordship so understood it.: .
MELLISH V. MELLISH.
His Lordship considered, regard being had to the na.
tura of the case, and regard being had to the fitct, that. the
order in this case, appealed against, was► only his own
judgment, that he ought to call upon Mr. Mellish to give
security for returning the half of the sum in Court, upon
his being allowed to receive it, provided the Rouse of
Lords should order it back.

Mr. Shadwell then submitted that Mr. Mellish would
have to go into the Master's Office, and give a satisfactory
security.
His Lordship said he would pen the order with his own
hand, and deliver it out in the course of to-day or to-
morrow.

CRAWSHAY V. COLLINE.......BROWN V. DE JASTZT.
Mr. Heald said the case of Crawshay v. Collins stood to
be spoken to to-day; he was one of the Counsel to speak
to it, but the case was so old, and it was so long since he
had received his brief in it, that he had. to beg the indul-
gence of the Court to let it stand over till Friday.
Mr. Hart did not object, provided it was to be under-
stood to come on peremptorily on that day.
His Lordship then ordered it to stand peremptorily for
Friday ; and that as Brown v. de Jastet, in a measure, was
connected with it, and was also in the paper of to-day, it
would have to stand over till Friday also.

THE LONDON JOURNALS.
DAILY EXTRACTS FROM THE MORNING PAPERS,
JULY 19, 1826.

[THE MORNING CHRONICLE.]

Our readers will find, under the head Mansion-
' house, an account of a case, in which the Lord Mayor
had the, proud satisfaction of rescuing an honest, in,
dustrious, young Irishwoman, against whom at one
time appearances were certainly strong, from the ruin
almost always attendant on the commitment of poor
persons in this country. We envy the feelings with
which his Lordship must have returned to the bosom
of his family after this triumph in the cause of hu-
manity, so worthy of the Chief Magistrate of the ca-
pital of a free country. What a revolution has been
.
effeeted in opinion respecting the duties of Magis-
trates, in the proceedings previous to commitment,
in
the space of two or three short years. The practice
used to be to commit on depositions, as a matter of
course, the Magistrate throwing the responsibility of
deciding on the evidence on the grand and petit Jury.
With the maxim constantly
.in his mouth, that in Eng-
land no man could he punished but after the verdict,
of his Peers, the Magistrate used to subject poor crea-
tures to a most grievous punishment, tearing them from
their families, and the huffiness by which they supported
those families, consigning them, without compunction,
to the tedious imprisonment which preceded trial.
many.cases, the slightest care bestowed in exa-
mining -into the particulars of the evidence for
the charge, and in hearing the statement of the person
accused, would have shown the unfounded nature of
the accusation ; but this was then deemed an encroach-
ing on the functions of the Jury, to whom it properly
belonged to iudge of evidence. It required the pos-
session of only a very moderate share of sagacity to be
sensible that the very circumstance. of postponing the
examination. into the evidence of a case till after the
ruin of the party accused, necessarily encourages the
bringing for Ward wanton and unfounded accusations,
because, whatever the final result, passion and malice
are at all events gratified by the intermediate proceed-
ings. If Mr. Burgess, of Reigate, who committed
John Franks, bad taken one thousandth part of the
pains bestowed by the Lord Mayor on this case of
Shehan, if he had examined Mr.,l(enrick's servants,
if.he had examined Franks, and sent for his wife and
children; confronting the parties, he. would have seen
in an instant, the absurdity of the accusation ; but,
unfortunately, he had • adopted the nation then com-
monly entertained by English magistrates, that they were
bound' to commit As a inatter of course, on receiving
positive depositions, without demanding. explanations
or entering on inquiries calculated to elicit elucidation.
Thank God, ,this odious practice is now reprobated in
the' metropolis, at least where we have the gratification
of, hearing Magistrates dwell on the importance of
examining carefully into all theyarticulars of a case,
to 'save' innocent persons from the horrible consequences_
of commitment. We trust' that the County Magis-
trates have partaken of the general improvement; and
that they attach more importance than they formerly
did to the proceedings previous to commitment. But
however; that may be, the study of
.the case of the
Mansion-house. might he safely recommended to them,
us a caution against rash Proceedings. If this poor
woman, Shehan, had been committed, she must neces-
sarily have associated iu prison with depraved charac-
ters, her little savings would have been expended in
conducting her defence, and even acquittal might not
have coin' Lately destroyed the. presittrupti(m against her
resulting'trom the commitment, because there is always
sowne uncertainty whether management of the prose-
cutor or .evidence may not have contributed to the
acquittal. No doubt poor people have riot the facili-
ties of getting rid of formidable witnesses possessed by
Governors of Colonies, or other rich persons under
accusation ; but the arts of management are not un-
known even to them. An acquittal, therefore, in the
first stage of the proceedings, nbt.only saves the per-
son charged from the dreadful cOnsequences residt-
ing from„commitment, but ivis, a hundred times more
flattering to die individual than an escape from the
throwing out a Bill, or an acquittal from the verdict
Of a Jury.

[TUE bfORNING HERALD.]
It would seem, by the accounts from Manchester as
well as other places, that emissaries are actively en-
gaged in working upon the distresses of the manufac-
turers, with a view of converting their present miseries
into what would render them in a tenfold degree
greater—riot or commotion. We can imagine nothing
more base and tletestible than this. It is in vain now
to be looking after the causes of the re-action which
the manufacturing districts are undergoing. The
world, we believe, is now pretty well agreed about them,
and that this very term re-action embraces them all.
The remedy is now of more importance than the
cause ; and it is to this that the efforts of every public
writer should be directed. Much as private benevo-
hue& has already done, and will, we trust, continue to
do, in alleviation of individual misfortune, it is quite
clear that the disease is of too deep and complicated a
nature to yield to mere mitigation. Two great objects
should be kept in view, the relief of immediate pressing
calamity, and the directing of labour into newchannels.
It is quite clear that to go on manufacturing that
with which the markets are already glutted is only,
to increase the evil ; nor would it in the end be
one iota less mischievous, were it possible to feed
and to maintain the great mass of our manufactur-
ing population idleness. To feed the hungry
and to clothe the naked are the first dictates of
reason, of humanity, and religion ; mid, next to the
supply of food to meet the most pressing wants of na-
ture, we do not know of any more laudable way in
which private benevolence could be employed, than in
dealing out clothing to the lower classes wherever it is
wanting, which would go farther even than any export
trade to diminish the immense stock of cotton goods
now on hand. But after all, employment is the one
thing needful. Laudable as public andprivate charity
is, we should be sorry to see our labounng population
depending upon it for support. It is by an abuse of
the Poor Laws in this respect that the independent
spirit of the people has been in so many instances
broken down. Are there not useful public works in
which multitudes of people might be employed, and
in the promotion of which the public money might be
well bestowed ? Might not rivers be made navigable,
new road constructed, moutains cut through, and
prole
would, maden available, all of which
various other pro
would, in the e»d, benefit and enrich the co.mmunity
onr nobility, who, like the late
Is there no man among
Duke of Bridgewater, will immortalise his name by
opening a wide channel for u
emplymen!. anr,4 for enter-
rate, tne overnment
prises such as these? At any
mot direct its glotio to web objects. In the