The Sun.
London, England, 1819-01-30 00:00:00

TO PARENTS AND GUARDIANS.

ADUE Attention to Children's Flair is of the
t;rcate.t importance,, both as to utility and elegance.
A mon- acceptable present to youth of both sexes cannot be
granted, than a supply of ROWLAND'S MACASSAR OIL.
It eradicates the scurf, &c. extremely easy, and renders the
hair film—increases its growth—renders it soft, curly, and
glus,y.; in short, produces a beautiful head. of Hair. Price
3s. F;d. !Os. Gd. and one guinea per bottle, with a Treatise
enclosed.
Sold wholesale and retail ht the sole Proprietors, A. ROW-
LAND and SON, No. Coiiier of Kirby-street, irst turn-
ing on the right, FLitton-gardeti, Holborn, London ; and, by
appointment, by all Perfumers and Medicine Venders.
*.ts (.so'rtns.—'l'o avoid Counterfeits, ask for ROW-
LAND'S Macassar Oil ; and observe that each genuine bottle
is signed on the outside label in red ink, "A. Rowland and
Son." Also Rowland's interesting Essay on the curious
Structure and Preservation of the Human Hair ; Second
Edition, 3s.

THE greatest discovery io the memory of Man
is universally allowed to be the celebrated CORDIAL
BALM of GILEAI), which is a certain and effectual remedy
for nervous disorders, juvenile indiscretions, lowness of spi-
rits, female complaints, head-ache, debility, loss of appe-
tite, relaxations, iffiligestion, coughs and colds, bilious east 5,
consumptions, gout in Ihe stomach, impatitirs of the blood,
glerts, seminal weakness, Si.c.•

epart d only by S. Solomon, M.D. (Author of the " Guide
to Health," and other valuable Works), Gilead-HoOse, near
Liverpm-d.
Sold by Bacon and Co. 150, Oxford-street; Ward, 324,
Holborn ; Leigh, IS, Strand ; and Mr. 6oatley, 138, Mino-
ries. Sold also by every repotable Vender in all Market
towns throughout the kingdom, and all other Medicine
Venders, price I Is. each, or four in one family bottle for 3.15.
by which one I Is. bottle is saved, with the words," Saud. So-
lomon, Liverpool," :n raved on the stamp.

ANALYSIS AND COMMENTARY.
(Continued.)
If any discharged person shall become able to
pay his debts or any part thereof, after a reason-
able allowance for subsistence, and after pay-
ment of debts contracted subsequent to hiS dis-
charge, it is lawful for the Court to revoke the
discharge, and to direct payment according to the
ability of the debtor so discharged. This has been
decided as applicable to Legacies devised by the
Debtor after his discharge, and such Legacies
have been claimed by virtue of this Provision.—
It is further provided, that any person who shall
voluntarily discover any part of the Prisoner's es-
tate, not specified in his schedule, at any time
after six months, from the appointment of As-
signees, such person shall he allowed 5/. per cent.
on the amount of such discovery ; and by the next
Clause, any person wilfully concealing any estate
Or effects with which he has been vested in trust
for tire Prisoner, shall forfeit 100/, and double
the value of such estate or effects, to and for the
use of the Creditors. It is to he observed, how-
ever, that these two latter Provisions apply only
to the property and interest of the Prisoner at the
time of his application to the Court for relief, and
not to property devised to or acquired by him
after his discharge.

If a Prisoner, discharged by the Act, shall die,
leaving assets, such assets are applicable to the
payment of his debts, specified in the schedule, if
the estate and effects contained in the schedule
were insufficient to pay such debts. It is observ.
able that the -Clause (17) expressly states Assets
REAL and personal; and the Heirs, Executors, or
Administrators 'ot such deceased Prisoner shall
apply such assets according to the order of the
Court, but without prejudice to the demand of
any other Creditors. Thus it appears that Cre-
ditors under the Insolvent Act are, in this parti-
cular, more favoured than other Creditors ; for,
notwithstanding the honourable and persevering
efforts of a departed and much-lamented Legal
Character, who long and arduously endeavoured
to subject freehold assets to the payment of simple
contract debts, the Provision which operates so
favourably to Creditors under the Insolvent Act,
is inoperative in other cases ; arid the language of •
Sir Wm. BLACKSTON E may be not inaptly quoted
ig Hard is the Common Law still subsisting, that
LAND devised, or descending to the Heir, is not

liable to simple contract debts of the devisor,
although the Money was laiu out in purchasing
the very Land."—COMMENTA RIPS, h. 3, p. 430.
A very distinguished Lsw Lord, lately deceased,
viewed the opinions of Sir BiscxsToNs, and
the efforts of Sir SAMUEL ROMILLY, through H
different medium from the writer of these obser.:
vWtions. His Lordship pronounced the Freehold
Assets Bill of Sir SAMUEL KOMILLY as a posthu-
mous Bankrupt Law; but his Lordship rave his
acquiescence to the Act of Parliament, which sub-
jects the property of Insolvents to posthumous
liability. The consistency or justice of the dis-
tinction may be estimated Hereafter.

AssintißEs.--The Statutes relating to Insolvent
Debtors having vested the whole of the property
of the Prisoner in Assignees, in trust, for the be-
nefit of the Creditors of such Prisoner, it is im-
portant to notice the enactments which have been

framed for the protection of the tights of such
Credit►►rs, and the doe administration of the pro-
perty 'so vested. And considering the power with
which the Assignees are thereby entrusted, the
several provisions cannot but be deemed whole.
some and necessary. The whole of the Estate.
Right, Title, Interest, and Trust of ercry Pri•
soner, of and in real Estate, as well freehold,
as copyhold, or customary, and all his personal
estate, debts, and effects, are directed to be con-

veyefi, surrendered, and assigned in trust tor the

benefit of the CreVors. And the Assignees are
empowered to sue for and recover possession of
such estate and efiec►s, as well as to execute any
power vested in, or created for, the use
,of the pri-
soner, and to give discharges to persons indebted
to such prisoner, and to have the same power of
granting leases as the prisoner had at the time of
execiitiug the assignment. After accepting the
assignment rn- conveyance, the Assignees are di-
rected to use their best end-earotirs to get in the
estate and effects, and to make sale thereof with
all convenient speed: and if there be any real
estate, the slime is directed to be sold by public
auction within two months after such assignment
or conveyance. Anti at the end of three months
front the time of such assignment or conveyance,
they are to make a dividend amongst the Credi-

tors in proportion to their debts ; first rendering
just and (roe necoont Of such estate and effects
upon oath ; each Creditor being required before
receiving a dividend to make doe proof of his
debt upon oath, and if any dispute arises upon
such proof, the Com t is empowered to examine
into the rinim and decide upon it.
It the I►riSouer or any of his Creditors shall be
dissatisfied with the account of an Assignee, or it
such Assignee shall -neglect to render an account,
or to dispose of the property or collect the affects

of. . .
the plisoner '; in any Manner waste or
Mismanage the estate or effects, or neglect to make
a distribntion thereof,. the Court shall require
such account to be rendered, and examine into
the same, as into anY waste, mismanage-
ment, or neglect of the estate and effects, and
direct a proper Administration thereof, and ascer-
tain the produce th6.eof to be divided amongst
the Credirms, and to direct the distribution thereof
accordingly ; and shall take ail such measures as
may be necessary fur compelling such account and
distribution.
The Assignees are not to commence any snit
Without the consent' f the Major part, In value, of
the Creditors, CO be convened by public Adver-
tisement.
And for better enabling the Assignees to
Mintage the 'estate and effects of the prisoner for
the benefit of his creditors, it is enacted, that
the Assignees may apply to the Court for the
bather examination of the prisoner, relating to
, he better discovery of his estate and effects, and
in case of his retusal to be so examined, or to
Make such discovery, the Court is empowered to
comsnit him to prison until lie shall submit him-
seit to such examination and discovery.
The Assignees are also empowered to com-
pound with persons indebted to the prisoner, if
a composition shhll'appear necessary or reason-
able, and also to submit to arbitration any differ-
ence or dispute between the Assignees and any
person- or persons, by reason of any matter rela-
tive to the estate and effects of the Insolvent.
And for the better protection of the Creditors,
as well as of the contingent interests of the
sOlvent, it is enacted, that upon Petition of the
Prisoner, or of any Creditor or Creditors cont•
plaining of any insufficiency, fraud, or misconduct
of any Assignee or Assignees, the Court shall
summon the parties concerned, -and upon a hear-
ing of such parties, may give orders for the te-

no 'lll of such Assignee or Assignees, anti for the

appointment of any new Assignee or Assignees,
and for the prudent, just, and equitable manage-
ment and distribution of • the estate and effects of
the Insolvent, as the Court shall think fit. Anil
in case of the death or incapacity of any Assignee,
or in case he shall be unwilling to act, any Cre-
ditor of the Insolvent may apply to the Court to
appoint a new Assignee or Assignees, and the
Court is empowered so to do, and to oblige the
former Assignee to account for and deliver up all
time estate and effects, books, papers, and writings

to such new Assignee. And further, if any such
Assignee, or the Heirs, Executors, 01 Admini-
strators of a deceased Assignee, shall not deliver
over any part of the estate or effects, or pay the
balance orsthe produce thereof, the Commissioner
of the Court is empowered to issue his Wartant
for committing such person or persons to custody,
until such order shall have been obeyed, and s.uch,
costs paid as the Court shall award, or until the
fur:her order of such Court:

Thus the Statutes of Insolvency have amply
provided for the full attainment of ail the estate
and effects vested in the Debtor at the time of

his discharge, as well as the future property of
such Debtor, and upon the same becoming vested.
in :Assignees for the general benefit of Creditors,
all due circumspection is exercised to protect the
rights of the Creditors against abuse, miscon-
duct, or mat-administrat:on ; and if complaints
are now existing against the misapplication of pro-
perty so vested and protected, it will most. pro-
bably be found that those complaints are not justly
applicable to the provisions of the Statutes, but
that, on the contrary, the Creditors have not ex-
ercised a proper vigilance, or shewn a due atten-
tion towards their own interests ; or at least, it

they have so done, it is IcAred that in too many
instances there has been a culpable negligence
with those who have Beet► entrusted to act in the
ad►ninistration of the Insolvent's affairs.

1:1e controlling power wbicli has been vested

in the Court for the better administration of the
Insolvent's effects, has been exercised with an
equitable discretion, whenever the Court has been.
appealed to : but whilst a culpable indifference or
negligence is manifested by the Assignees, it can-
not in all cases he expected that the Court cats
counteract the effects of inattention•on the part of
such Assignees. I would humbly
,submit, that if
the Assignees were to give proper security for
the due exercise of their duties, notch of the ex-
isting complaint would be obviated. In the case
of a prisoner discharged three years agO, it is.
within my own knowledge, that •a discovery,%.vas
made, of 20001. devised as a Legacy to the In-
solvent upwards of 12 months since, and, as I am
informed, no distribution has yet been made
amongst the Creditors. 'I here is evidently a.
Want of attention, or negligence of duty, some-
---

where.
The Law has further provided, that in case.
there should be any estate or effects applicable to
the payment of the Insolvent's Debts, the Court
may make older for the preservation thereof, and
may appoint a receiver or receivers of such parti-
cular estate or effects, such receiver giving secu-
rity the same, and duly accounting for and
applying such estate and effects, under the order
of the Court. But as lam not apprized of any
power in the Court to enforce such order, and as
the vesting of the property and effects of many
persons in the hands of a receiver may he thought
by the Creditors too great a_latitude of coup.
deuce, it is doubtful whether the intention of this
enactment has bad the full effect it contemplated ;
although it is evident, in considering the whole
of the statutes relative to Insolveocy, that the
Legislature manifestly intended a hill lestitetion
of the .130,:btor's means, as well as the liability of
his future property, to he the conditional basis of
his discharge from confinement.

W. M-N, Temple.
ETu be continued.]