The Sun.
London, England, 1828-03-26 00:00:00

WILLIAM LEADBETTER.

41Ir. Alderman WAITHMAN moved, that the Order of
the Day for calling to the Bar William Leadbetter, who
had been committed to Netvgate by a Committee of this
House, he now read, in order that he may be reprimanded
and di,charged ; and he (Alderman W.) trusted, that as
the prisoner was, as stated in his petition, a poor mak: with
a wife and family, the House would, in the exercise of its
usual humanity, nut call upon him to pay his fees.
Mr. TENNYSON' seconded the motion.

Upon his being placed at the bar,
The SPEAKER addressed him to the following effect :
—" William Leadbetter, you are now brought to the bar
of this House for the purpose of being first reprimanded,
and then discharged. The offence for which you were
'committed by this House to his Majesty's gaol
of Newgate, was for an attempt, by gross falsehood,
to obstruct, and if possible to defeat, an exatnina-
tion in which this House was engsgcd—on attempt as fu-
tile and as disgraceful in itself, as it was insulting to this
House and subversive of its privileges. In your petition
you express a hope that the time during which you have
been imprisoned in Netvgate may be considered an expia-
tion of your offence. I know not upon what ground
you can entertain such a In,;}e. This House can,
and, in pity to your wife and children, will release
you from imprisonment; but the expiation of your offence
is to be found in your future conduct, and nothing but in-
dustry, honesty, and integrity can wipe from your character
that stain, which you yourself have inflicted upon it, and
make you the future support rather than the burden and
disgrace of your family. I have now to acquaint you that
you are discharged from further imprisonment.
He was then discharged, and the Speaker's reprimand
ordered to be inserted on the Journals.
INSURANCE OFFICES.

Mr. Alderman THOMPSON presented a peti-
tion from the Insurance Offices of London and
Westminster, praying for an alteration in the
rates of duty upon policies of insurance. He thought the
subject one well worthy the attention of the Right Hon.
Gentleman the Chancellor of the Exchequer, and he should
therefore beg leave to direct his attention to the statements
of the petitioners. The petitioners stated, that upon every
twenty shillings paid to the insurers, the Government re-
ceived forty shillings. To this large duty was to be attri-
buted the decrease in that branch of the revenue. He beg-
ged the attention of the House to the history of this duty :
It was first laid on in the year 1782, at ls. 6d. per cent.
In 1798, this duty was increased to 2s.—in 1804 to 2s.
6d., and in 1816 to 3s. per cent. Since that latter duty
was laid on, lie must admit that there was a great increase
of Fire Insurances, but he must at the same time say that
those insurances were not in proportion to buildings erected
since that time. From a return which he had in his
hand, it appeared that the number of inhabited houses in
England, Scotland, and Wales, in 1821, was 1,575,973,
and in 1822, 2,429,631. I he duty on fire insurances inlB2l
was 517,8451. being insurances upon four hundred millions of
property. Great as the amount of property insured was,
it must be evident that it was but a small proportion
of the capital employed in manufactories, stock,
and buildings in this country, and he felt satis-
fied that not more than one-third or one-fourth of
the property so employed was insured. He therefore
thought the petitioners were right in saying that a reduction
of one-third or one-fourth of the duty would not decrease
the revenue, but would, on the contrary, have the same
effect as the repeal of the duty on wine, coffee, and
other articles had in increasing the revenue. With respect
to the Marine Insurance, that branch of the Revenue had
very much decreased. In 1814 the Revenue derived from
that branch was 485,0661. and in 1826, it hid diminished
to 219,6291. The reason of this diminution was to be
found in the fact of the increased number of marine insu-
rance offices on the Continent and in the United States, and
be thought it the duty of Government, by a reduction of
duties, to make it desirable for parties to effect those in-
surances. The Hon. Member went into a statement, show-
ing the advantages derived from effecting those insur-
ances on the Continent and in the United States, i❑
preference to England, and concluded by expressing a troy?,
that as the attention of the Chancellor of the Exchequer
was directed to the Stamp Duties, upon which a measure
he understood was to be introduced, that opportunity
would not be passed over without doing something to
remedy the evil pointed out by the petitioners.
Sir C. SMITH supported the prayer of the petition.
The CHANCELLOR of the EXCHEQUER sa►d,
as his Honourable Friend had confined his request
to a full consideration of this subject upon the
part of the Government, be could assure his Hon.
Friend not only that be would take the matter into
his consideration, but that he had already done so
with a view of seeing if possible what relief

could be afforded without diminishing the revenue.
When Honourable Members presented petitions from
any body of persons praying for relief from taxation, no-
thing could be more painful to a person in his (the
Chancellor of the Exchequer's) situation, than to he
obliged to refuse acquiescence to the prayer of
the petitioners, but that be felt it be part of
the duty of a person in his situation to oppose
rather than to encourage applications which might have
the effect of endangering a large portion of the revenue._
That branch of the Uevenue to which the petition related,
produced more than a million annually, and it would he
the height of imprudence, and the greatest folly possible,
for him to excite any hope that such a❑ arrangement would
lie made as would endanger so large a portion of the re-
venue. With respect to the Hon. Member's statements as
to the fire insurance, he must say, he did not think them
warranted by the data before the House, and if the House
would look to the returns it would be found that there was
no ground for saying that the amount of duty operated as a
prohibition to persons not to ensure their property. Taking
seven years, it would be found that the revenue derived
from Fire Insurances were as follows :-600,0001. ;
620,0001., 621,0001., 627,0001., 639,000/., 692,000/.,
727,0001. ; so that it was apparent that there was a con-
tinued annual increase of the Revenue in that Branch ;
and that, when his Honourable Friend said that the
increase did nut bear any proportion to the increase of ca-
pital he begged to remind the House that within the last
three years the increaso was 100,0001, which was derived
from insurances upon increase of capital, amounting to from
60 to 70 millions. The Right Hon. Gent. admitted that
there was a decrease in the Revenue from Marine In-
surances, but contended that when it was considered that
the amount of property insured in the Marine In-
surance Offices, during the last year, was ninety-two
millions, it could not be fairly said that the amount of duty
upon those policies operated as a prohibition against insur-
anees upon property embarked in mercantile speculations.
Mr. WARBURTON said, that with respect to houses
the duty operated still more prejudicially. In some places
the owners of large estates, in letting their lands, did not
insert in their leases the usual clause compelling their
tenants to insure, but incurred the risk themselves, and
thus put into their pockets three times the value of the
usual insurance. This was an obvious reason why the
duty should he diminished, and he thought it made
the impolicy of the duty more apparent than any other
argument that could be used. He looked upon the Bill
before the House to be a juggle between the GovernMent
and the Insurance Offices, for the present Bill compelled the
in,ertion of a clause which no tenant would agree to if the
Government did not force him to it. The Bill was, upon
the whole, a most excellent example of the impolicy of
high duties.
Mr. SYKES seriously called the attention of the Go-
vernment to the Marine Insurances, from their manifest
operation upon the shipping interest, which was already so
seriously, and he feared dangerously, restricted.
On the motion that it be read,

Mr. BARING said that he strongly objected to the
duty upon insurances, as being a tax on the providence of
the country, although if he were asked to provide
a substitute, he might find it very difficult to point out a
proper one by which to lealize the same amount. The
Hon. Member was of opinion that if this tax were
to be continued during the peace, it would have the
effect, as he conceived, of giving rise to establish-
ments at fttend, and other ports on the opposite coast,
where the subjects of this country would insure their pro-
perty free from any tax. By these means Government
would altogether be defrauded of the tax. The subject was
well worthy the attention of the Right Hon. Gentleman
opposite, and he recommended him most earnestly to con-
sider it with the view of effecting a reduction of the duty.
Mr. C. SMITH said a few words which were wholly
inaudible in the Gallery.
The petition was then ordered to be printed.
MESSAGE FROM THE LORDS.

A Message was brought from the Lords, announcing
that they had agreed to the Annual Indemnity Bill, and
several other Bills sent up from the Commons without any
amendment.

An Hon. AIEMBEII presented a petition from Mr. Lau-
rence Jobson Marshall, underc•riter at Lloyds, on the sub-
ject of Marine Insurances.
Mr. D. W. HARVEY presented s petition from the
resident burgesses of Colchester fior the repeal of the Cor-
poration and Test Acts.
On the motion of the same Hon. Uza{exit, a return
was ordered of all the informations and convictions in the
Court of Exchequer under the Excise Laws respecting malt,
with the names and residences of the parties against whom
proceedings had been instituted, &c., from the Ist August,
1826, to the let August, 1827.
Sir J. GRAHAM gave notice of a motion respecting the
commission of inquiry in Ireland into wills and devises, for
Thursday, the 15th April.

The CHANCELLOR of the EXCHEQUER presented
an estitnate.of the civil" contingencies.—Laid on the table,
and ordered to be printed.

SPIRITS.

O❑ the motion of Mr. G. W. DAWSON, leave was
given to withdraw an account which had been printed, of
the quantity of spirits distilled in England, Scotland, and
Ireland, in order that a more perfect account may he pre-
eented in lieu thereof
LAW OF REAL PROPERTY IN INDIA.

Mr. FERGUSSON rose to present a petition from the
British native and other inhabitants of Calcutta, respect-
ing the law of real property within that settlement, and
particularly respecting the liability of such property as
assets (in the hands of executors and administrators), to
the payment of the debts of the deceased. The settlers and
the free residents in that part of India were all vitally in-
terested in the state of the law respecting real property in
that country. The question involved matters of the great-
est importance to the inhabitants of Calcutta; and there
was nut an individual of opulence, possessed of lands and
houses there, who was not interested in it. In the !ape
of 20 years, Calcutta had risen rapidly in opulence and
wealth ; and property to the amount of many millions
sterling was now affected by the laws relating to real pro-
perty there. It would be as well at the outset to
mention what was the state of the law of real property
in Calcutta. As the law there stood, a freehold might not
only descend to an heir, as in this country, but as was the
case, he believed, in the colonies, it was subject to the pay-
ment of simple contract debts, and to the same liabilities
as chattel property in this country. Previous to the grant-
ing of the charter under the King's letters patent in 1774,
such was the received law. According to that law, the
property of the deceased was vested in the hands of the
executors as trustees for the payment in the first instance
of the debts upon the estate, and if it were necessary to
sell it, they were empowered to do so, and after satisfying
the demands, to hand over the residue to the heirs of the
deceased. The petitioners stated, however, that in a late
cause before three of the Judges in Calcutta, the question
was raised upon this subject. It was decided by the Court,
that the real property of the deceased was not there, as as-
sets in the hands of the executors, subject to the payment of
simple contract debt., hut that it descended, as in this coun-
try, to the heirs, subject only to debts of specialty. In a se-
cond case which involved the same question, the Chief Jut--
tice decided that real property might be subject to the pay-
ment of simple contract debts, but that it was also subject
to dower. This decision excited great alarm in Calcutta.
He (Mr. Fergusson) believed that there was scarcely a
single instance of titles to landed property there, which
did not contain one or more clauses of conveyance from
executors to heirs. If uncertainty on this point continued,
or if the last decision of the Chief Justice were upheld,
the interests of the Company would be materially affected.
All the Bills regarding property which had been drawn up
by every Advocate-General, and which were passed from
this country, were founded upon the law that the land
could be sold by executors for the payment of simple con-
tract debt& But now it was decided in the Court in
Calcutta, that though real property might be subject to the
Payment of such debts—it was also subject to dower of
the widow. The bankrupt laws, however, of this coun-
try, might be brought to affect the property of British
subjects resident in Calcutta, while the Mohammedans
and Iliudoos held under their own peculiar laws. In this
manner dower might be barred, by coming to England,
and making the possessor of real property a bankrupt.
The charter of 1774 expressly recognised the right
of British subjects to hold real property in India;
fur it empowered the courts in Calcutta to try all
rights or titlee, real or personal,
belonging to his
ad
Majesty's subjects there, and to determine all pleas,
real, personal, or mixed. The charter expressly declared
that actions • upon rights might be maintained against
executors. But the Chief Justice in Calcutta doubted that
they could appropriate real property to the payment of sim-
ple contract debts, because it was not mentoned that exe-
cutors might sell. But if they could not, how could ac-
tions upon such debts be maintained against them, unless
the property was held by them in the capacity of trustees,
as assets for the payment of these debts? He (Mr. Fer-
gusson) had had the long experience of 17 years' practice
at the bar in India, and he bad never heard the law de-
clared otherwise than as be had gated it, until the late deci-
sion of the Chief Justice in Calcutta, determining that real
property was subject to dower. It was highly necessary
that it should be freed from that bar, and he believed that
at present there was 'a
Bill before the Board of Control for
declaring and firing the law upon that subject.--( Hear. )
it would be extremely desirable likewise to extend some of

the provisions of the insolvent debtor s' laws to India. Some
measure, too, founded in principle upon the bankrupt laws,
he was of opinion would work advantageously in India.—
The Hon. Member'concluded by moving that the petition
be brought up.
On the question, that it be printed,
Mr. HUME expressed his satisfaction at seeing the
subject taken up by the Learned Gentleman, and proceed-
ed to comment upon the neglect displayed towards the
affairs of India in general. They had a Board of Control ;
but he was at a loss to discover in what respect they de-
voted their attention to India. The members of that Board
were often turned out in the course of a year, not because
they were unlit for the office, but because they belonged
to one or other political party. The Hon. Member con-
demned the restrictions which existed upon the commerce
and intercourse between this country and our Indian pos-
sessions. India was full of wealth, and abounded in large
tracts of rich and unoccupied land. Why not remove
these absurd restrictions, encourage emigration thither,
and, instead of sending English capital to the various
countries of South America, why not :allow it to be em-
ployed freely and advantageously in India? He trusted
that the Learned Gentleman (Mr. Fergussen) would go on
with the subject which he had taken up.
Mr. FERGUSSON agreed with most of what had fallen
from the Hon. Member for Aberdeen, but he dissented
from his observations respecting the Board of Control. So
far as he (Mr. F.) bad communicated with the Board, he
found on the part of its members, and particularly on the
part of the Right Hon. Gentleman (Mr. Wynn), its late
President, the greatest facility and attention afforded to
him.

Mr. TKANT enforced upon the House the necessity of
paying close attention to Indian affairs.
Mr. T. P. COURTENAY defended the Board of
Control from the attack of the Hon. Member for Aberdeen.
The subject of the introduction of the Insolvent Debtors'
Laws into India had been for many years under the consi-
deration of the Board. The Hun. Member for Aberdeen
had spoken of the restrictions imposed upon the intercourse
with India. Whenever the Charter came before the Board,
i: he (Mr. Courtenay) should then be a member of it, the
advice he should offer should be of the most liberal spirit.
_(Hear.)—With regard to the Bill which the Learned
Gentleman (Mr. Fergusson) proposed to bring in, he (Mr.
Courtenay) had no objection to its introduction, without
pledging himself to any of its principles or details.
Mr. C. W. WYNN wished naturally to say a few words
on the subject. During the time that he had been con-
nected with the Board of Control, he had commissioned a
Chief Justice who was sent out from this country to collect
information respecting the propriety of introducing the
Insolvent Debtors' Laws there. That Learned Judge,
however, fell a victim to disease in about six months after
his arrival in India, and consequently the desired informa-
tion was not collected. Great difference of opinion
existed on the subject in India. If it could be done, he
(Mr. Wynn) was of opinion that it would he better effected
by some species of regulations respecting debtors there, than
by any legislative enactment here. The draught of a Bill
upon the subject had arrived in this country a few days pre-
vious to his (Mr. Wynn's) leaving office, and he recom-
mended to the Noble Lord (Melville) now at the head of
the Board of Control, to have the matter laid before the
Law Officers of the Crown. Perhaps it might be sup-
posed that be (Mr. Wynn) would be moat competent to
introduce the subject to the consideration of the House,
and if that were the case, he should be very happy to de
so. —(Hear.)—He had, however, recommended it to the
attention of the Noble Lord, and he was confident that
every attention would be paid to the subject.—(Hear.)
After a few words from Lord A LTIIORP, the petition was
ordered to be printed.
FERGUSSON then moved for leave to bring in a
Bill to explain and amend the law respecting real property
belonging to British subjects and others, within the juris-
diction of his Majesty's Courts in India, and the liability
of such property as assets in the hands of executor, and
administrators, to pay the debts of deceased persons.—
Leave given.
'tr. W. LAMB moved fin• leave to bring in a Bill for
consolidating and atneoding the laws in Ireland, relative
to larceny, and other offences connected therewith.—
Leave given.
Mr. W. LAMB moved for leave to bring in a Bill for
the regulation of the linen and hempen manuEctories of
Ireland.—Leave given.
Mr. W. LAMB moved for leave to bring in a Bill to
make provision for the lighting, cleansing, and watching,
of cities, towns corporate, and market-towns, in Ireland,
in certain ca-see.

After a few words from Sir J. NEWPORT, Mr. S. RICE,
and Mr. LAMB, leave was given.
Ou the motion of the CHANCELLOR of the EXCHE-
QUER, the report'of the Committee of Ways an Means,
for appropriating to the public service the sum of
2,164,0001., was brought up. Report agreed to, and a
Bill ordered to be brought in, pursuant to the resolution.