The Sun.
London, England, 1819-02-10 00:00:00

FOR THE SUN.

INSOLVENT DEBTORS' ACT.

ANALYSIS AND COMMENTARY.
(Continued.)

PRISONERS who shall suffer any person becom-
ing Bail or Surety, to be charged in respect of such
Boil or Surety, shall not be discharged from any (161"
or demand atisiiig on sitch .iaccount, without the

ennset►t of the prison or persons entit:ed to such

debt or demand.

PRtsviNF.Rs charged in .exern inn far damages
recovcred for Criminal Conversation, or Se:di:chart,
t wool Fiolution of Fernales,, or for malicious
Prosecution, or arty• malicious Injury, not to be dis-
charged, tiolesi with like conseutror confined five
years.. _

liASKßUPTS.—Prisoners who are 13011 kt-up!, and
have not obt,,ined a Ceitincille of Unnfi-hrEnity did!,
htfowed, are not culitled to discharge From Piny
provvalde under the Commibsion, unless
confined five years.

FRAUDULENT ASSIGNII.LRNTS. - Alter stating
Debtors may, witit a lieu) to dffrOd
sell,- transfer, convey, -at,sigli their
estate lind effects, or sane pari thrreol, but it
Dairy he difficult to prove that such Sale or Trans-
ter, Conveyance or Assignorient, 'was made with-
trliridir!ent design, it is theft upon prof;
or confession of such Sale, Transfcr, Conveyance,
or A•siizoment, wilhout just cause, sorts the Cre-
dit'ors cannot have the benefit of the estate and
effeers so disrosed of, every such Prisoner sit-di
lose the headcjit of-the Act, tinfitss all the Creditas
consent to the discharge of such Prisoner.

GAMING —Prisoners who have lost in any nue
day ditrine confinement 101., or 501. in the whole,
,at cards, dice, tables, 7ennts, bowls, billiards, or in
any other game, or by stakes, wagers, or adventures,
or betting, are not intitled to be discharged, unless
tyPh such content, or confined five years.
_

UNDUE PI2EFERENCP..—Any-prisout:!t who, with-
in five ce.ars previous to his application tor dis-
cliarge, has made any conreyance or assignment or
rtli or iwy part of his estate or effects in tribc
for the benefit of any particular creditoror cre-
ditors. with intent to gice an undue preference, and.
to obtain his discharge from the demands of other
creditors, shall hare nohemcfit under the Act, rin'.
less the benefit of such conveyance or assignment
shali be first relinquisbed,by the pet sun to whom
it eras made ; and the estate and effects shall be
conveyed and delivered to such person as the
C.tirt shall direct for the benefit of all the cre-
ditors of such -prisoner. Cr unless all the rue-
ditoes against whom the discharge be sought shall
consent thereto.

With tclerenee to this and tither clauses of e,x-
emption, whieh operate to:d n etain the prihoer,
unit'sAM. or particular creditors consent to the
disrlyArge, I could humbly suggest chat a consent
on the pit of a Majority would be more conso-
nant
.to the views of a faithful and, prompt sttr-
tender.

OF TAKING THE BENEFIT MORE THAN ONCE.—
No re, soot who has taken the benefit of auy'far•-
suer lusolvent Act within five years, to have the
benefit of the present Act, unless from special cir-
ckmistances the Court shall think it just and reit-
suitable that the prisoner should be again
rlis-
chargetl. And further, no person, shall again be
entitled to the benefit of the presen(Act who has,
been discharged by it within five years; unless
three-46131(U in number and value of the creditors
shall assent thereto, or unless it shall appear, to
the satisfaction of the Court, that such person has
.since the former discharge, endeavoured by fruga-
lity and industry to pay all. demauns upon him,
and has incurred no unnecessary expellee, and that
the debts incurred have been necessary for the
maintenance, of such person or his fatuity, or that
the insolvency of such person has arisen, front mis-
fortune or from inability to acquire subsistence
for himself and family, or from pt ior'debts or en-
gagements to which such (Omer discharge-did not
extend. The Legislatw•e, in making this• provi-
sion,- has been equally attentive to misfortune and
vigilant to misconduct.
CROWN DEBToES.—No prisoner can be dis-
charged by this Act with respect Co any debt or
penalty at the snit of the Crown, or for any of-
tence committed against any Act of Pailiament
icialiee
.10 "atoms, excise, stamp, or salt dillies, or
au' branch of the public revenue, or at the suit of
,Sheriff or other public Officer, upon any bail-
bohd entered into for the appearance of any per-
sou prosecuted for such duties, or any branch of
revenue, unless three of the Lords Commissioners
of his Males' y's Treasury shalt certify their consent
to such discharge.
The protection of public revenue is a most im-
portant part of the public polity, and offenders
of the description last alluded to would assuredly
increase, if they could, ordinary Debtors, be
released on the telms prescribed in ordinary lases.
The (discretion seems therefore well vested in the
officers of the Crown, who are not found wanting
In Mercy whe'u the case seems to merit its ex-
tensioth

FOP.EIGNERS.—No person being the natural
born subject of another country can have the be-
nefit of the Act, except under such circumitances,
and on such teints and conditions, as the Court
shall think fit and reasonable.

This Clause has been found highly beneficial in
protecting his Majesty's subjects_ against the arci-
tices of Foreigners, which had been practised, and
100 ill-trendy prevailed heretofore ; and against
which there was no salutary and effective pro-
vision under any former Insolvent Act. But the
peculiar circumstances of the case, where misfor-
tune is manifest, and there is no semblance of
fraud or deception, will always weigh with the
Court in favour of hberty. If imposition has
been practised, the exemption ought to via.t the
impstor.
OBJEcirioNs TO MI,CoNDVCT.—As a restraint
upon the exercise of viodictive feeling on the
part Or Creditors, and to enable the Debtor fully to
Meet objections which might be advanced against
Icy; Oahu to liberty, it is wisely and humanely
prodded, that it any objection is made to the dis-
charge of the prisoner, the Cowl is authorised to
require such objections to be stated in
so that the prisoner may be fully apprised there-