The Sun.
London, England, 1842-08-03 00:00:00

ABSTRACT of the BANKRUPTCY
LAW AMENDMENT BILL.

The defective and unsatisfactory state of the pre-
sent Law of Bankruptcy, has long been matter of
general complaint. A systematic reformation of
these laws, however, which have regard to such an
enormous amount of property in this kingdom, is
now being attempted, and an endeavour to have them
passed
and en-cted by the Lord Chancellor ; to facili-
tate "
tne practice where it was heretofore tardy or
irresolute; to lay down sure and certain demarca-
tion-lines, where before the boundary-rules were
indefinite and vague ; and to ensure protection to,
and avert inconvenience from, both the bankrupt
trader and the party prosecuting,—such appears to
be the intent of the new Bill. The following is an
outline of the principal clauses :
CREDITOR'S BOND DISPENSED WITH.—The first
great obstacle to the petitioning creditor in issuing
the fiat of bankruptcy against the trader, namely, that
of requiring a bond to be given, as a condition for
proving his debt and other contingent circumstances,
may by the clauses of the present Bill be dispensed
with (clause 3), and the fiat be transmitted direct to
the Court authorised (4).
As a check to frivolous or vexatious bankruptcy
suits, it is designed to enact (9) that the single debt
of any creditor petitioning for a fiat shall, at the least,
amount to 501. or upwards.
NEW PARTIES TO BE ADMITTED AS " TRADERS."—
All livery• stable keepers, coach-proprietors, carriers,
shipowners, auctioneers, apothecaries, market-garden-
ers, cowkeepers, brickmakers, alum-makers, lime-
burners, and millers, are to be considered as traders,
and consequently subject to be bankrupts. The in-
decisive judgments given in the reports respecting
each of these callings, many of which deny them the
qualification of being considered in the light of traders,
will, by .this clause, be settled distinctly.
Clauses 15, 16, 20, 21, and 22 state various acts
which are to be considered as constitutives of acts of
bankruptcy.
DISPATCH ENACTMENTS.—For, the speedy expe-
diting and dispatch of a bankruptcy affair, any per-
son a(Vudged a bankrupt is to have five days to con-
test the adjudication, and the adjudication may be
advertised sooner if he wills (23) ; while in case of
his neglecting to proceed with this diligence and effect,
thus made incumbent upon him, the parties may re-
gard him as de facto a bankrupt, and proceed accord-
ingly without further notice (24) ; also that audits
and dividends may be had and made whenever
the Court think fit after the time appointed
for the bankrupt's last examination (26) ; also that
search warrants may be granted for any property
of the bankrupt's, reported to be stolen or con-
cealed (30).
PENALTIES ON ILLEGAL BANKRUPT ACTS.—The
penalty for any refractoriness, or: drawback, in
any shape, of books, property, or -effects is to be made
punishable as felony (32) ; while the falsification of
any papers or documents (34), or obtaining goods
with fraudulent intent within three months of the
issue of the fiat (35), is to be regarded and visited as
a misdemeanour.
CERTIFICATES.—RuIes for the allowance or refusal
of the certificate to the bankrupt on his passing,
are laid down in clauses 36-42; they are chiefly
ordinary enactments ; the fortieth, however, imposes
a penalty in the case of a creditor being bribed by a
bankrupt not to oppose him, of a forfeiture of treble
the amount of whatsoever goods or money, may have
been received by the offender.
COUNTY COURTS, THEIR POWERS, OFFICERS, &C.—
The appointment of Courts in the country, whereby
the organisation and working of the new system may
be spread over the whole of the United Kingdom in
the localities where the bankruptcy occurs, are,
in all cases where the fiat is not directed to
the London Court of Bankruptcy, to be prosecuted
on the spot before parties, and in places authorised
(43); copies of these country fiats, however, and their
proceedings to be transmitted to the central town
Court, and there filed as records (44). The 48th
clause respecting bankruptcies which shall be pending
at the time of the passing of this Act, is to put an end
to the authority of all particular Commissioners then
acting in such cases, and to transfer the fiat either to
town or country as the Chancellor may judge fit.
Further, as regards the administrative country part,
sergeants, or barristers, not exceeding ten, may be
appointed to sit upon and prosecute fiats as additional
Commissioners (50), and also a similar number
of Deputy Registrars for the country, according as
one or more may be needed for the furtherance of
business ; and by clause 66 a Deputy Registrar of
Elie Court in London may be appointed to assist any
acting party in the country, and so vice versa.
Clauses 55 and 58 lay down very definitively the
exact jurisdiction of these Courts, which are to be
immediately under the rule and governance of the
London Court.
OFFICIAL ASSIGNEES AND THEIR DUTIES.—The

appointment of Official Assignees also for the country,
to consist of not more than thirty, chosen from
among accredited and responsible traders of the
kingdom, together with a specification of their
duties, and the liabilities in case of dereliction (45)
—the due restriction of their powers (46)
the method to be pursued in event of their
vacation of office (47)—and their empowerment
to act in conjunction with the existing assignees under
such bankruptcies, and to whom the latter shall deli-
ver over all effects, are provided for in the clauses
enumerated.
ABOLITION OF JUDGES, CLERK OF ENROLNIENTS,
&C., IN BASINGHALL-STREET.—By clause 54, the
office of Chief Judge of the Court of Bankruptcy,
and the office of one of the other Judges of the
said Court, now held by a Master in Ordinary
in Chancery, are to be abolished, and the
Court of Review, after the passing of the Act, be
formed.by one udge of the Court of Bankruptcy.
The -office of Clerk of Enrolments, on vacancy, to be
done away with, and his duties supplied by the Re-
gistrar in Basinghall-street (61), and all warrants to
be issuable alone under the hand of a Commissioner of
the Court.
This Act extends to 22 folios, with schedules ap-
pended, and is proposed to commence and take effect
on the ensuing eleventh of November.

We elsewhere insert, under the head " Emigration
to Canada," two very interesting documents ; an
" Extract of a letter from Mr. J. C. W. Daly to the
Commissioners of the Canada Company, dated Strat-
ford, Huron Tract, April 25, 1842," and an account
of " Remittances from settlers in Canada to their
friends at bome." Mr. Daly gives an account of a
man in Wilmot, John Ford, who came into Canada
in 1831, with a large family of small children. This
individual, who lived at Aynhoe-on-the-Hill, Nor-
thamptonshire, was humanely sent out to Canada by
W. R. Cartwright, Esq., M.P. At home he and his
wife laboured hard, and could not have existed but for
the parish. He says, in his simple and affecting lan-
guage; " We have often lamented we had children
when they were crying for bread, and none to give
them ; but we have now reason to be thankful we
have them, otherwise we might have remained in
England, and in our old age be a burden to the
parish." In five years time he had a deed for 100
acres of land, a good clearance, oxen, sheep,
and cattle, implements of husbandry, a good
house to live in, and suitable offices ; plenty of
food for his family and cattle, and to spare;
their home well furnished, &c. This, accord-
ing to Mr. Daly, is the case of hundreds. But the
most beautiful part of these emigrations is the large
remittances to England, for the purpose of enabling
their poor friends and relatives to enjoy the same good
fortune. In the course of eight years no less than
20,4731. has been remitted by 2,455 settlers, for the
above purpose. The remittances, too, are continually
on the increase. In 1834 the remittances were 1,2981.,
' whereas in 1841 they amounted to 4,744/. It thus
appears the remittances for the removal of labourers
regularly increase with the number of settlers. lit a
country like Canada, a labouring man is a treasure.
And if due care be used in sending the emigrant at
the proper season, he is almost sure to get on. As
the population increases more and more emigrants
will be absorbed without inconvenience. These facts
are cheering. Labour in England is:too often, as in
the case of poor Ford, a drug ; but where there is
abundance of wild land labour is all in all.—Chronicle.
THE MOORS.—The arrivals from the south, both
by land and sea, are increasing daily in number, and the greater
part of the northern families are by this time again resident
upon their respective properties. We regret to understand
that the sport this year will be far short of the last two or three
seasons. This result is partly owing to the destruction of the
eggs of the grouse from the frosts of May, and partly from the
long droughts which followed. There have not been many
changes 'in the shooting grounds, in this county, the principal
moors having been taken on leases. The following list shows
how the leading quarters are occupied this season :—Auchna-
free, Lord Mexborough ; Dalt and Barrocks, Rannoch, Earl
of Mansfield ; Ardverykie, Marquis of Abercorn ; Dalwhinnie,
Mr. P. Purcell and party ; Auohlecks and Trinafour' Mr.
Allanson and party ; Bouskeid; :Mr. W. N. Clark ; Glen-
fernate, Sir John Halkett ; Dalnaspidal, Mr. Crawford and
party ; Balnaguard, Sir P. M. Thriepland ; Glentruim, Sir
John M'Kenzie ; Newton Moors, Sir Robert Pigott ; Glen-
bruar, Mr. Boyd and party; Kerrachers (Glen Tilt), Captain
Duvaux ; Strenphadrick, Mr. Hay of Lotham ; Kinloch, Mr.
Fox Mauls ; Glenquech, Mr. Labouchere andparty ; Rannoch,
Messrs. Laverock and Barton; Grantully, Earl of Lauderdale
and Sir George Warrender ; Spittal of Glenshee, Hon. Mr.
Ponsonby and party ; Logiealnumd, Colonel Paterson. The
Dowager Duchess of Bedford antifamily return this year to the
Doune of Rothiemurchus, where they expect to be shortly
joined by Lord and Lady John Russel—Perth Courier.
LoNGEvaTT .—Mr. Nagle, of Ballinatnona, Castle,
county Cork, writes as follows to•the editor, in the last number
of the Southern Reporter :.--tf Lthink'
you will not have
objection to insert in your next publication the deathof
yesterday,
of
Cl gd _o a any
vheerr,
y
old man, my pound-keeper, on part of the lands
near Doneraile, named Louis Wiwi-6died am. He yesteray,
at the age of 118 years and sisvettnnonths. He was married to
his first wife more than Mt,' years, and had no offspring. He
had a son, a fine boy, and very like the father. From his great
age I have given him his hous
married a second wife at the age. of IG9 years, by whom he has
andprolonged
which made him comfortable
years rent free,
e ind the parish pound many
, his life. He never lost a toothotor had he a grey hair on his
head."