The Sun.
London, England, 1845-05-07 00:00:00

TWO PILLARS OF THE CHURCH.

This is the title of a sketch just brought out by
IL B. It represents Sir Robert Inglis and Mr. Thomas
Duncombc walking arm-in-arm. The Baronet, who
looks very grave, does not seem to like his company,
and is evidently anxious to shake off the new ac-
quaintance. The other is in a very gay mood, and
enjoys the joke wonderfully.

CONSTITUTION OF JERSEY.
LETTER 111.
TO THE EDITOR OF THE SUN.

SlR,—There is, perhaps, no law which strikes so
effectually at the root of all commercial faith, and is
so well calculated to injure the prosperity of the Is-
land, as the custom which I mentioned in my second
letter, of "separation quad aux Liens;" for were it
universally known, but very few would be found
willing to trust any one here with their goods upon
credit. By this act, the parties are considered in law
as strangers, neither being liable for the other—they
can not only enter into separate contracts, but those
.between themselves are valid—aye! to the pre-
judice of the creditors. I have already told
you that their position as man and wife
is not affected in anything else but property—they
live together as usual, and their business is apparently*
carried on as before. Now, let us assume that a maa-
has traded largely, has hitherto paid all his engage-
ments punctually, and thus his credit being good has
succeeded in obtaining an immense stock in trade—
that moreover he afterwards becomes so much behind
in his payments (no matter whether purposely or not),
that some one is induced to levy an attachment upon
his goods ; then comes the fruit of this precious Norman
law, for it turns out not only has he sold the
property to his wife, but the house even is
taken in her name; and notwithstanding the -whole
of the property may have been, up to the time of
arrest, under the management and in the occupation
of the husband, not a fraction of it is liable for the
payment of his debts, as it is the property of his wife.
Although this transfer is fraudulent it is valid, and
as nothing but the body of the debtor is thus left to
liquidate the claim, and that will not satisfy it, the
creditor is obliged to accept whatever terms the wife
chooses to offer, in order to free her husband from per-
sonal arrest. Methinks you will say that no better or
easier mole of swindling could be devised than this
legal one of separation plant aux Liens. Let us, how-
ever, see whether we cannot match it. He ho is
is
declared " tenant" under a " decret,” upon satisf
all prior claims, and paying the expenses,
is entitled
to all the surplus however great. Suppose a bank-
rupt's estate is worth 10,000/.—that his liabilities in
the Island are only 5,0001., but for which Judgment:
has been obtained, and they are registered according
to law—that he is also indebted to creditors in Eng-
land to the amount of 10,0001. who may perchance
have supplied him with every article of his stock iii
trade, but who, for want of notice, have
taken no step to recover ; in such a
case, the first creditor on the list would declare him-
self tenant, pay the rent in full, and after deducting
the expenses, receive a surplus,' considerably greats r
than would suffice to pay the English creditors 2.1
per cent. upon their claims. After learning that a
man can legally receive even thousands of times more
than the amount which is owing to him, at the ex-
pense of those whose claims are either of a subsequent
date to his own, or for which no judgment has beets
obtained, it cannot excite any surprise to find
by law he can also swindle those of a prior date.
Now, mark well, although his own claim may be a.
paltry Si., and it is notorious that he himself
is insolvent, it is no bar to his becoming tenant. His
accounts are not subject to any inspection, and the
law calls for no security that he will fulfil the very
cenditions upon which it has awarded him the estate.
He does not hold it in trust for the benefit of those
whom the law declares to be participators, but is
bona fide the uncontrolled master and owner of it.
maylanded
ed perchance
estate, a find
esopmurecdhiaffisecrubltuyyisnitdiastpothsiengri
Lie can therefore sell it when he chooses. 'Tis true
of
nthd
thhee a
of losing it, but as this doesnotapply to
property, he can either remove it beyond the
Jurisdiction of the Court, or part with it, an I
inquire abscond. You will naturally
why he.
cannot be arrested if any • •attaches
I Because, as if on suspicion to him'
purpose to render complete this great
act of swindling, the law makes an invidious dis-
tinction between a landed proprietor, and one who is
n otso. The latter, as I told you in my first letter,
is liable to arrest of person or property at all times,
however small the amount of his debts, but the
former being exempt from both, and also from ail
proceedings out of term time, can only be actioned
for the amount of his liabilities, however great
they may be ; the tenant becoming im-
mediately entitled to this privilege upon
being awarded the bankrupts' landed estate, ea A
contest any actions brought against him by the prier
claimants for his Ron-payment of them ; these actions,
by the practice of our Court, he can delay, from time
to time, and before judgment is obtained against him,
can be beyond the reach of the laws of an Island
which have given him the power to be so. B. L.

The Rev. Ridley H. llerschell went by the Hiber-
nia steamer, on the 19th of April, to the United States. His visit
to his brethren in that country is made at the request of the
American Society for meliorating the condition of the Jews.--•
!Wee of Israel.
FREEMASONRY.—The Right Hon. the Earl of
Zetland, Most Worshipful Grand Master of the Ancient Free
and Accepted Masons of England, 1555 appointed Lord F. Egertu..
.RioithotrWLanorcsLipLu,l_Provincial Grand Master of the Eastern Divie