The Sun.
London, England, 1826-04-01 00:00:00

resolution introduced by the chairman of the judiciary commit.
tee some time ago, has been suffered to be on the table,_ from
an expectation that a bill would be reported to the Senate.
Such a report it is understood, may now be very soon expected,
as it is said, a Bill has been agreed on by the Committee. It
is thought to be as well, considering the state of the business
in the house, that the Bankrupt Bill should be first introduced
into the Senate, as was the case formerly.
" I believe it is intended to make several alterations in the
bankrupt system, and to' simplify the whole as much as pos-
sible.. As to what classes it shall embrace, I learn that mer-
chants and traders shall be subject to a commission of bank.
ruptcy, on committing any of the usual acts of bankruptcy;
and that, as to other descriptions of persons, any one owing
debts to a given amount, who shall voluntarily file a written
declaration of insolvency, may render himself subject to the
provisions of the act, and, by a compliance, entitle himself to
a certificate of discharge. The reasons given for this extending
of the system are, that no other bill can be passed; and, 2dly,
that as the States possess the power, and most of them exercise
it, of discharging the person from imprisonment, upon con-
forming to the requirement of State insolvent laws, there is no
experience to prove that the remedy ag.ainst subsequent acqui-
sition of property, after finally discharging the person from mi.
prisonment, is, in general, of any great value or importance
to the creditor.
" I learn also, it is contemplated to dispense, in many cases,
and as far as possible, with commissioners, and to make
the district Court the Office of Bankruptcy ; so that the
principal part of the business may be there promptly and
cheaply dispatched. The most intelligent English writers
on the subject, now speak of the substitution of some other
tribunal- instead of Commissioners, as the great remaining
object as yet unattained in their system. An attempt will
be made, also, to carry further than even by the new act,
has been done in England, the principle of compromise;
that is to say, that when one has been declared bank-
rupt, if a large majority, to be fixed, in numbers and amount
of creditors, think fit to receive a certain proportion of their
debts from the bankrupt's friends, in satisfaction of their debts,
theymay do so; and the rest of ie creditors shall be bound to
the like compromise. The object of this is to reinstate thc.
bankrupt, in such cases, as speedily and with as little expcnce
as possible, in the posseilion of his property and credits, and to
leave him to settle his own affairs. In short, it is intended to
extend and simplify the system, to recognize compulsory cases
and voluntary cases; to get rid of all unnecessary apparatus
and machinery in its administration, and to diminish the ex-
pence as much as possible. These are the objects, as far as I
learn, contemplated by the Committee of' the House of Repre-
sentatives, and probably they will be all or principally em-
L , braced in the expected Bill in the Senate."—(New York
. Earning Post.)

A Bill called the Usury Bill has passed the Assembly of
Massachusetts. The principal provisions of this Bill arc, first,
establishing the rate of legal interest at six per cert. ; second,
empowering the debtor to prove usury by his-arch, unless the
creditor prove no usury ; third, in :case of usury being proved,
the creditor to forfeit the excess of interest over six per cent.,
with costs of Court if the debtor shall have previously made a
tender of the principal and six per cent. interest; fourth, banks
to forfeit their charters if they take more than six per cent. ;
fifth, repeals all existing laws against usury.

PROVINCIAL PARLIAMENT OF UPPER CANADA.

HOUSE OF ASSEMBLY, TUESDAY, JAN. 10.

1. Resolved—That the Executive Council is appointed by
leis Most Gracious Majesty to advise his Excellency upon the
affairs of this province.—Yeas 25.--;Nays 12.
2. Resolved—That the connexion of the Chief Justice of
this province with the Executive Council, wherein he has to
advise his Excellency upon executive measures, many of which
may bear an intimate relation to the judicial duties he m,y
have • thereupon to discharge, is highly inexpedient, tending
to embarrass him in his judicial functions, and render the ad.
ministration of justice less satisfactory, if not less pure.-
24 to 14.
3. Resolved—That it is highly expedient that the Judges of
the King's Bench in this Province should be as independent
of the Crown and of the people as are the Judges of England.—
Carried, urns. con.
4. Iteselved..÷That a humble address, grounded on the fore-
going resolutionS be 'presented to his Majesty, humbly pray.
ing that he will he graciously pleased to discontinue to impose
on the (Thief Justice duties so incompatible with his judicial
character, and so ill suited to the present state of this province ;
and that the judges in this province may be rendered, with
his Majesty's approbation, as independent of the Crown and of
the people as are the Judges in England.-23 to 14.
Mr. J. Jones, seconded by Mr. Morris, moved an amend-
ment to the foregoing resolution, that after the word " address"
the remainder of the resolution he expunged, and these words
inserted, " be presented to his Majesty, humhly'praying that
he will be graciously pleased to recommend, that the Judges
in the Court of King's Bench in this province be rendered as
independent of the Crown and people as the Judges are in
) ngland.—Negatived : yeas 13, nays 24.
Address to his Majesty, founded on the foregoing resolutions.
"'re) THE' KING'S MOST EXCELLENT MAJESTY.

" Most palms Sovereign—We, your 'Majesty's loyal anti
iaiful subjects, the Commons of Upper Canada, in provincial
'arliamcnt assembled, beg leave most humbly to approach
'our hlsjestyupon ti subject of the deepest interest, connected

with the administration of public justice. We would humbly
represent. that the Executive Council is appointed by your
-Majesty, to advise his Excellency upon the affairs of this'
province, and that the connection of Chief Justice with it, •
wherein he has to advise his Excellency upon executive
.measures, many of which may bear an intimate relation
to the judicial duties he may have thereupon to discharge,
is highly inexpedient, tending to embarrass him in his judi-
cial functions, and render the administration of justice less sa-
tisfactory, if not less pure. Your Majesty's faithful Commons
further humbly represent their deep sense of the expediency of
rendering the Judges in this province as independent of the
Crown and of the people as are the Judges of England.
" We therefore humbly beg, most Gracious Sovereign, that
you will be pleased to discontinue to impose upon the Chief
Justice, a duty so incompatible with his judicial character, land
so ill-suited to the present state of this province:, and that the,
Judges, with the approbation of your Majesty, may be render-
ed as independent of the Crown and of the people as are the
Judges of England. ‘ ILBOI4, Speaker."
" Commons House of Assembly,‘ joIJm Jan. 14, 1826."