Star.
London, England, 1815-02-15 00:00:00

FREEHOLD ESTATES.

Sir S. ROMILLY rose, pursuant to a notice
which he had given, to move for leave to bring in a
Bill to render the freehold estates of persons dying in
debt, liable to simple contract debts.. The measure
he said was precisely similar to one which had passed
that House with a considerable majority last Session,
and therefore it would not be necessary for him to
dwell upon its character at any length. He wished,
however, to obviate a few objections which he had
heard made to the principle of the Bill, and which
he was sure could have arisen only from a miscon-
ception of its intended operation. The only object
of the Bill was, to give to simple-contract creditors
the same remedy against real estates as specialty cre-
ditors now had; the claims of specialty creditors
being always first satisfied. Another objection was,
that the remedy was in equity only, and not in law;
this provision certainly did sot arise from any predi-
lection is the Mover to equity cases, but because it
would produce a great diminution of expence, and
a great check upon vexatious proceedings, for if the
remedy were in actions, they would ultimately be
removed into the Court of Chancery. He was not
surprised that objections such as these should have
arisen in the minds of individuals who were not pro-
fessionally concerned in the law, but he was greatly
surprised to find them in others who were so con-
cerned. He could attribute it only to their not having
duly considered the subject. If he should be so fortu-
nate as to carry his measure, he hoped some other indi-
vidual more fortu n a te than he had been in bisendeavours
to amend our legislative code, would follow it up by
other remedies, which the general state of our debtor
and creditor laws required. The law in England
proceeded upon a most extraordinary principle with
respect to debtors; a principle of the greaten rigour
against the person of the debtor, and the greatest
lenity towards his property. It punished a man for‘
not paying his debts, and yet left his proper(, which
could pay them, untouched. Imprisonment for debt
toe often became imprisonment for life ; and so tar as
the late enactments remedied that monstroui- evil,
they had his cordial approbation. He hoped, how-
ever, those enactments would oily be the beginning,
and would be followed by ethers which would rectify
the numerous deficiencies in that part of our laws.
While the case of the debtor was considered, that of
the creditor ought also to occupy the attention of Par-
liament- He hoped some means would be devised to
put down the many artifices by which the fair credi-
tor was now deprived of his just claims. Those who
were opulent and profligate enough, might, as the law
now stood, protract the payment of their debts bywrits
of error, bills in chancey y,and various other sham pleas.
He trusted they would not, by repealing the insol-
' vent acts of last Session, bring us back to that barba-
rous state of the laws in which we were before they
were passed. Among the evils which have been de-
scribed as flowing from those acts, one was, that they
diminished credit; but, paradoxical as it might ap-
pear, he confessed he was not sorry to see that sort
of credit which they affected, diminished. It was not
the great commercial credit of the country that was
touched ; it was those little debts, the facility of con.
tracting which, added much to the general misery
and depravity of society. The destruction of such
credit would be beneficial. l'ke Honourable and
Learned Member then concluded with moving for
leave to bring in a BiU to subject the freehold estates
of persons dying in debt to the claims of simple con-
tract creditors.

Mr. Serjeant BEST said, it was not his intention
to oppose the Bill in its present stage ; but, as he
believed his Honourable and Learned Friend was
not in the House when he gave his notice respecting
the repeal of the Insolvent Acts, he wished to state,
that it was not his intention by such repeal to bring
back he law to the barbarous state in which it was
before. No person was more an enemy to perpetual
imprisonment for debt than he was; and indeed,
such rigour never could be exercised, for temporary
Insolvent Acts were frequently passed, and liberated
those individuals who were so circumstanced. While,
however, be deprecated severe imprisonment for debt,
he did not think it right they should be discharged
with so trifling a punishment as was now substituted.
His object, there ore, was to enlarge the proportion
of imprisonment. He differed entirely from his Ho.
nourable and Learned Friend in his view of the
effects of those Bills ; and be confessed he did not
wish to see that species of. credit broken in upon,
Lwhich was so necessary is the present state of so-
rciet y.
Mr. HORNER expressed his satisfaction at hear-
ing that the Honourable and Learned Gentleman
who had just sat down had no intention to propose a
repeal of the Insolvent Act, notwithstanding the hos-
tility which he had oa a former occasion avowed to
the measure: In his opinion, nothing could be more
lamentable than that the term of the imprisonment of
a debtor should be extended for a single week, after
the complete and satisfactory disclosure of his pro.
party. By the Insolvent 4t, sufficient power was
gtvrn to the Court to continue the debtor's
llmprison-
ftt until such disclosure bad taken place. With
t to the operation which the measure had had
reciprocal credit of inferior shopkeepw• ike.
he agreed entirely with his Honourable and Leatned
Friend near bins in thinking that effect highly silvan-
tageoul to the cot unit' ;no that is whOed to

•

destroy all trust of that description, but merely to tr.
a limit to imprivident and indefinite credit.
Mr. Serjeant BEST erplained. He certainly ct.l
not approve of the principle 4.,f the Insw!vent Ace, 4.
though he was ritislizd with tic manner in which .t
had been acted upon.
Mr. LOCKHART :agreed with the princiule ei
the measure proposed by the Honourable and Learned
Gentleman. fle agreed also with the Holiourable
and Learned Gentleman in his apparent intimation,
that funded property should also be rendered liable
to similar purposes. In fact, all property that could
be come at ought in justice to be so liable. Advert.
ing to the insolvent Act, he contended that it bad
been extremely mischievous. Many persons would
never hesitate to run in debt if they knew that
imprisonment of three months would 'exonerate thew
from their obligations. Ungnestionably the olLt
English law never contemplated imprisonment fiz
life for debt, yet it served to deter persons lora
running in debt who had no means of satisfying their
11 creditors. A great error in the Insolvent Act was
that it treated all persons alike—that it was as met.
ciful to the hardened rogue as to the most unforte-
nate being alive. It would be much better if the
term of the imprisonment of every debtor were left
to the decision of an honest and uptight judge. I.
his opinion the Insolvent Bill had destroyed credi,,
not only where it waif injurious, but where it was mi.
nently serviceable, and indeed almost indispensihk.
Leave was then granted. Sir S. ROWILLY imm-.
diately brought in the Bill, which was read a ti r
time, and ordered to be read a second time on ,
day, and to be printed.
The Indemnity Bill was read a second time, a:4
ordered to be committed 1.0-8120srow.—Adjourned.

FRENCH PIPERS.

PAWS, Fr BitUARV 11.

News from Rome of the !.sth is silent with resput
to the occupation of that city by the army of Murat.
The letters from Italy, received yesterday and the
day before, are stilt silent as to the occupation (It
Rome by the troops of Murat. It is probable, dm c-
fore. that. this intelligence is untrue.
The Archbishop of Rheims is much indisposed.
VIENNA, JANUARY 30.

On the 28th Austria delivered in a Note retstrve
to Saxony. The amicable tone of this Note increases
the hope of peace. It is to the intervention of Eng-
land that we think ourselves indebted tor this happy
turn in affairs. England, in tact, has always main-
tained, that considerable compensations were due to
Prussia, and that Power ought to become, from its
population and internal force, a point of support to
Northern Germany.

The part of Saxony offered to Prussia in this At—
trial) Note contains 800,000 persons, and compri,e,-.
pan of Upper Lusatia, and all to the North of a lire
from Torgau to the Saale ; the King of Saxony to
keep Dresden, Leipsic, and all the greatest towns.
It is generally believed that tho decision of this great
affair will take place in a few days.
The receipts at Sir Sydney Smith's ball for the
ransom of Christian slaves at Algiers were very con-
siderable, and have been already neat to Genoa, w
be forthwith applied to their °gem. The two L•'m.
perors gave each a thousand ducats.