The Sun.
London, England, 1817-05-14 00:00:00

I,izaoces, which crag In operation toielns. The
last Act on the subject was that of 1798, hut the
law was a• dead letter—forfeited recognizances
were scarcely ever enforced. Thi present mode
of proceeding it might.be advisable to mention....
The sst reat s were forwarded by the Clerks of the
Peace, through the Exchequer, to the Comptrol-
lers of Pipe and Fines, thence to the Treat:uteri of
Counties, and from them to the Baronial Con-.,
stables, whose duty it -was to enforce the fines
The evils of the system which thus placed the"
whole Under the control of the 13aronial Con-
stables, wereauonstrous. The amount of forfeited
recognizances was about 27,0001. per annum ;
for the last seven years they amounted to 200,0001.
Of that amonut not one-third had been col-
lected ; and what was collected, instead of being
applied to meet the Baronial rates, fOund its
Way into the, pockets of the constables. He
wdeld illustrate bow this was managed :—Sup-
posing for one county the estreated recognizances
amounted to 9001, Possibly only 3001. could`be
or was collected. The constables were entitled to
one-third for collecting ; and thus 1001. would he
their's. If they could collect the remaining
6001. they would be entitled to 2001, more ; hut
as there was Such amount due, they paid them-
selves their third of the 9001. before it was col-
lected, thus disposing of the whole of the 3001.
which they had received !—(llcar, hear !)—But
this was only a part of the *evil. Many estreats
were never even sent for. In the course of seven
years there were 300 estreuted recognizances that
had never been attempted to be enfOrced in any
way ; in 1816 there were 54 deficient. The re-
turns to those that were sent were very few, the
forms thus becoming worse than useless. It was
useless to admit parties to enter into recogni-
zances,. unless the estreats were enforced when
they were forfeited. In King's County not one
forfeited recognizance had .been enforced for the
last seven years: and the law was considered in
t hat count, in particular a dead letter: The
House would admit that such a state of things
was a serious impediment to the execution of cri-
minal justice. He held in his hand a letter from
the Chairman of one of the'Quarter Sessions, in
which it was stated, that entering into recogni-'
zances was considered as a mere idle ceremony—
that the parties might observe or neglect them,
just as suited their convenience, and such
was the operation of this neglect to erilciree
estreated recognizances, that in one Sessions, out
of 111 indictments only 30 were tiled. One party
would. make two oaths. First he would swear
be was worth 501. on entering loin a recog-
nizance; and having found it convenient' to for-
feit, he would swear at the AssizeS that he was
insolvent, on which no farther Notice was taken.
The Hon, Member said, he objected to the en-
forcement of the .estreats. being placed in the
hands of the constables. That duty ought to be
placed in the hands of the Sheriffs, as was the
Case in England ; and such was the Amendment
which he proposed to make.—(Hear, hear !)—As
he was occupying the attention of the House, he
would mentiem another Bill which he pioposed to
bring, namely, to rescue Sheri& from, being lia-
ble for the. acts of .their predecessOrs, and to
place Sub-Sheriffs more effectually under the con-
troul of the %critic —(Hear concluded
with moving for leave to bring in a Bill' to amend
the latri respecting forfeited recogoitances. in Ire-
land:

Sir J. NEWPORT expressed bir great satisfae.
tiort at the measure proposed, and agreed that the
relaxation of law had been productive of the most
pernicions effects in Ireland.—Leave was then
given to bring in the Bills.

EIIartAORDINARY PARDON BY NAGISTRAM.
`Mr. BENNETT presented a petition.frn.m Thomas
Griffiths, of Oxford-street, stationer, which, he
said, was of great importance, as affecting the
adininistration of justice. The petitioner prose-
cuted Captain Hay, or Hoy, in February last,at
the Clerkenwell Sessions, for an. outrageous = as-
sault. On the prosecutor's wife, an interesting fe-
male, with criminal intentions, in the parlour of
petitioner's bOuse, during his absence.., The case
was one of great aggravation, nor Was its enor-
mity lessened by the prisoner's defence of an alibi.
The verdict of course was guilty, and the; Court
sentenced Captain Hay, or Hoy, to .12 months'
iioprisonment in the Eonse of Correction, and to
pay a fine of 201. The Magistrates then advised
the prosecutor to proceed against defetulaot's wit-
nesses for perjury, which. had been done.
The Captain, pursuant to his sentence, went to
the House of Correction, and being A man of for-
tune, he was enabled to get comfortable apatt
Ments in the Governor's house; but after having
been confined' a fortnight he was discharged out
of custody by the Magistrates of the Sessions.—
(Fleur, hear!)---'!'leas had the etlvet of the law
been defeated, suit! the Captain was now at li-
berty, and he ased it by exultingly, walking be-
fore the windows of the prosecutor's house.. .The
petitioner prayed the interference of Parliament..
The Hon, Member said, he should hereafter move
fora popy'of the Discharge; and should the facts
turn out to be such as they were represented to
be should feel it his duty to submit a mount,
to the House on this extraordinary case.
The Petition having been read,
Mr. 13. 134.runitsT expressed some doubt, wlie-
ther the petitioner had pursued the most 04vistible
course; whether be bud not his remetly,at law
Mr. IikaUGHAM said,
:the contipc(of the Ma.
giitrates was most extraordinary, and called for
the investigation and interference of that House.
The power of the Magistrates to mitigate the ex-
tent of punishment previously to passing sentence,
he admitted; but he denied that they had any
legal power to reduce the sentence after it had
once been pronounced from the 13ench.—(Hear,
hear !)-r-Petition ordered to lie on the table.

JUDGE OF CHESTER.
Mr. PONSONBY wished to learn whether Go-
vernment had any intention of advising the filling
up of the office of Judge of Chester (vacant by
the promotion of Sir vy. Garrow) previously to
the Cotxnuittee respecting the administration of
Justice in Wales making their Report.
Lord CAVTLEREAOII said, that at
Present t e
Govereathadnosuch intention.—Mear, hear !)
h
m

HABEAS CORPUS.
Mr.. POISONSY wished to give notiee, that to-
!borrow he should put s queitiou to the Noble

. Lord (Lnrd Castlereagh) which affected the pLc-
solial Ithetty of wiry man in the kingdom.
Lord CASTI.HRPAan would itot question the
bencvolence .of the !tight ilc,tt. GeutietaHn,, hut
he Was quite unable to ituagiite whet could be al-
ined 10.

Mr. l'ox3oBl' replied, that he intended to a-k
whether it was not in the contemplation of Go-
vernment to apply for a renewal or a farther ex -
tension of what tvas,commonly called the Habeas
Corpus Suspension Act.--,(llear, hear I)
ROMAN CATHOLIC CLAM.
Mr. Iler,Ax.P. gave notice that he would, on Wed-
nesday, thy 2lst inst.,more t hat. the HOuse should
resolve itself into a Committee of the whole
House, to eonsider the provisions of‘the Iyish'Act
of the 33(1 of the King, with a view to-explain and
amend the same, so as to extend the right of
mission to the freedom Of lay Corporations in
Ireland to such Roman C.sthulies as would, if they
had been Protestants, have an inchoate right 14
such admission.

ARMY ESTIMATES. •
The Report of the Committee of Supply of
yra-
terday having been btought en, and the Itesolu-
tions for the Army Estimates, us voted yesterday,
having been reed,.
GeANT rose to move, as an emend.
ment, instead of " .I)eceomber," es in rime tterv-
Ititions, the time should be limited, and " Sep-
,tember" substituted. The reasons on which he
proposed this amentimetit muse Out of what he
'understood the Noble Lord opposite (Lord Cas-
tlereagh) to have recommeoded to the House.
When that Noble Lord moved for the appointment
of the Committee above stairs, to inquire into the
state of the income end expenditure, it he was not
misinformed, the Noble Lord on that occasion
stated it as one of, the grounds on whiCh he moved
for the appointment of this Committee, that it
was proper that the House ebould have before it
a report on the state of the income and expetuii.
tore, before the Estimates for the service of the
year were voted ; and the Hoese, it he was net
mistaken, voted the EStimnates for six months, on
an understanding that they were only given ou
account, as the House could not be called upon
for a final vote upon them till the Select Committee
had time tomake up their Report. Therefore,before
the House could be called upon finally to vote the
Estimates, it behoved those on the other side of
the House to state some good reason, either by
shemeing that the situation of the country was now
different from what it had been when the Fivance.
Committee was appointed, or some other good
reason, why that which was proper then was not
the proper course now. Some reason MUST be
stated, to show that the House were not called
upon to stultify themselves in the eyes of ,the
country., If no such reason was stated, the
House WAS called upon to do that for which they
could not account tolheir constituents. It would
not de to allow Miniiters to throw the burden
of the Estinuttes off their own ibriulders, tzy re-
ferring to the Repent of the Committee above
staiti, and saying that such and such reductions
had been recommended by that Committee, anti
had therefore beet) made. Miuisters must not ha
ellowed to fortify themselVes behind the Report
of the Finance Committee. He maintained ots
the face of the Estimates,, that tlt Wee. intended,
to be kept ep was too large; and When he called
open Government to shew the neceiSity ,of
taioing so large'a force" he would bold it no proof
at that necessity to be Teferi•ed to the Report of
the finance COmmittee. He contended, at some-
length, that time foree proposed to be kept up in
the colonies was too great, and to prove this, re-'
capitulated the comparative detaila (to be, found in
our reports of the various speeches last night) of
the force in 1792, as contrasted with that railed,
for in the present estimetes. But what he chiefly
insisted on was, that it was imposiible to say what .
force the country could affordto keep up until the
Howse was in possession of the state of the re.
venue. If it was said that .the Report of the
Finance Committee, Which was to conceit) en
position of time state of time revenue, WAS not yet
ready, where would be the inconVenience in having
the vote 'of time Estimates confined only to six
months, until the House was ioformed of the
state. of the, revenue I then went through the
different parts of the First ,Report of the Finance
Conunittee, which recOmmetided the earioos
duct ions. and he criticised each itetn touched on
in that Report. Some of these items he thought
quite contemptible and beneath the notice of the
Committee. He also complained that the Com-
millet had not entered into the general details Of
the veridus estehlishments, and that the re•
ductions in the public offices were trifling. Cow,
ceiving that there was no danger so great to the
country as the danger of having the expenditure
exceed the income, and thinking that it was be-
ginning at the wrong end to settle the unionist ot
the expenditure before' the income was kuown,
he thOught the House could trot be justified sit
voting time Estimates' for more than six month's.
He therefore concleded, by Moving as an Amend-
ment, that, in the Resolutions, the word " 6ep-
temher" be substituted instead of " December."
Mr. BaNXits argtied that the reductions re.
Commended in the Report of the Commit.
tee of Finance, did nut take away the reason.
sileility of Ministers as to the Estimates. 't
Hon. and Learned'Gentlemen was wrong in ro,
present ing. time Committee as having to
itself .fanctioni which did not belong to it, in
settling or recommending time, 'mount of the Mi
lirary Estahlibliments. . truth was, that these
inquiries and investigations roust have come
fore the Pouse in souse shape. It was much more
fit to carry them on in a Committee ; and instead
of repeated,, and probably unsatisfactory discus.
sions in the whole House, it must be allowed
that it was -much more commodious to have the
various details specified in, the Report. The HO.
TlOElrfthip and Learned Gentleman was very in.
consistent, when, after attempting to ridiculer the
minuteness of some of the objects to which the
Committee had directed their notice, be coma
pittined that the Cominittee bed not gone 'WS-
eiently into time details. 'fist truth was, that
the Committee had not overlooked any of those
details, into which, consistently with its duty,
it onght to heir! entered, without taking upon
itself any part of time responsibility of Minis.
ters, or taking away any thing from time Con.
trolling power of the Houses As to what had