The Sun.
London, England, 1816-07-18 00:00:00

Tilt SUN REV I EW.

(No.c,.(XXV.)

XN IMPARTIAL EXAMINATION of the INSOLVENT
DEPTORs' BILL with SUGGESTIONS for its substan-
tial imprGvement : and for the removal of the gross Frauds
*nil Ahoies practised under the existing Law. fly A. It.
WarotAsms.—Sherwood, Neely, and Jones, Patelmoster-
row. price 50.
•
There are few point's of our internal policy
more deserving of atentive investigation' than
tint which is iliSeussed in the pamphlet before us,
'titan svhich eve 'contess see have not seen one more
fairly and tempelvely written upon this import-
tint subject.
After pursuing a history of the enactments and
expedients Of the last 25 years, the Author comes
.to the view of the existing state of the law and
practice between Debtor and Creditor; and de-
fends Lord Redystille's Bill with, in nur opinion,
uncoutra'vertilde argunWnts. From this topic he
slides into ft more general commercial history of
the enuntriri—invesig4tes, c(mcisely but ably, the
sources of 'our increaSe of wealth, the causes of
our temporary distresses, and the remedies which
1"-:might be expected to restore or atignieet Cle for-
mer, aodot course terminate the latter.
Through these details it is not our intention to
follow Mr. Warrand, as his pamphlet is so im-
mediately within the reach of every class of
Icadurs, but we proceed to the reselt of his en.
'quity, bearing directly upon the question which
has occupied aml will again occupy the legisla-
ture, and which has so deeply interested every
branch of trade in the Empire.
One great meitsuve which be recommends for
the benefit of the Creditor, is to assimilate the
insolvent Debtors' Act to the Bankrupt Laws;
so far as to procure a more satisfactory disclosure
of the Insolvent's effects. At page 32 he says :
" In order to compel a full disclosure of the
pi•isoner's 1(1151)5, it might he advisable to 'Appoint
four or five sets of Commissioners, vested with
in,Wers similar to the Commissinners'of Bank-;
rnpt. There should be two meetings under every
Testate; the first tor the choice of assignees ; the
second, atter the interval of tourteeie or one and
twenty days, for the prisoner to pates his exami-
tation. The intermediate time between tile first
and last meeting, would citable the assignees to
ticrutinize mittmely into the affair' of the debtor;
und to detect many impositietis which, now pass
tnlm,ticed Irma the want of ineestigation : and
woohl likewise most powertully operate as a pre-
vention, in malty instances where frauds are now
practised with impunity. Under the present
tystein, the prkoner gets discharged in the first
• instance and the eXallnitation of hi, nfriirs by
his assignees follows his release from debt. By
the projected plats, he could not obtain his line-
ration, until lie had satisfactorily accouwed for
his property, and ti c deficiency in his accounts:
it ma \' ip reply be objected to the preceding
suggestions; firstly, that the expellee of these
lists of Comtnissioners would he a material oh-
; and secondly, I hat the remedy is
sutii-
cieutly Strong present to pettish frauds, and
that consequeutly the appointment 'of Corninis
isioncri is by no means imlispensibly requisite.
it may be necessary to offer it few retualks
on
these points.
I Wjth regard to 'the, expellee, it is manifest
that the estates of Insolvent Debtors cannot afford
to pity cotesiderable fees. This might be obviat-
ed, by allowing the Commissioners' it moderate
salary from the public poise, and in addition but
a trifling fee from the piisoner's estate. An al-
lOWatiee (MC htltidred potmds per annum es 11
salary, would, under the idea of there being five
lists, each consisting of four persons, amount
only to 2,0001. Beyond this a fee should be al-
lowed to the three Commissiotters acting at each
inectiog,%sittlicient to afford some remuneration for
their attendance, yet too hiconsiderable either to
be,felt by the Creditors, or to encourage the unne-
cessary repetition of meetings.
" It should he the duty of the Comnthisioners,
niter invemigating the plisoner's affairs, either to
tingle tlteir Report in cases of dillichlty to. the
• Insolvent Debtors' Court for decision ; or they
might be vested with the full power to oct at all
times without such authority, the present Court
being merely in that ease constituted as a Court
tit Appeal.
" That the existing regulations have been
framed with sefficient circumspection to protect
the interest of the Creditor front the'trands of the
Debtor connot he contended lor mu instant. The
experience of the abuses practised under this net,
cee itty-dernowitrues the ticee,ity of a fetich more
Vigorous system titan that hitherto pursued. It is
iseahle that the Debtor should not he held in
prison lunger,than crate be avoided, as this will not
ettab,e tiithl his engagements ; but in le-
leasing hint from coutinemeut, it is a mutter of
right that every 01C8IIS shall be offorded to the
Creditor, sto prevent either preferable payments,
or any species of coucealMent. present Act
is certainly not calculated to remove abuses of :ilk
tieseription, however excellent the principle upon
which it is founded ; and it will require much care
to render it beneficial to all parties."
at * 44' * * * it it * * * *
And,again, page 37
. Tlie pouisltment for concealment, if detected
tinder the Insolvent Debtorc Bill; is a temporary
intpri3otintent ; whilst that imposed by the_ huils-
'mitt Laws is death.: In the former case, the
crime is the most easy of crentitission and difficult
of detection, front the 'infrequency of the pri-
soner keepiug or giving up books, or at all events
any of that description likely to few! to the deice-
lion of frand. Why then should not do: winish-
meta be the same in both cases ? Ido not, mean
to contend, that the principle of taLii g away
Life for ordinary oneness is defensible oat any