Star.
London, England, 1825-10-14 00:00:00

!INSOLVENT DEBTORS' ACTS.

Since the year 1813, varirms statutes have bia
passed to create a permanent itrriseiction for investi-
gating the affairs of Insolvent Debtcrs, instead of those
temporary laws fot their relief (commonly called Acts
of (,race), which, almost de anno in annum, had been
conee.ied occasionally by -the- Legislature,-since the
reign of King Charles ll.*
The Acts at present in farce, and under authority_ of
which the -Coot now oleic's—R4i functions, are,
1 Geo. IV. cap. 119; 3 Geo. IV. cap. 128; and 5 Geo.
IV. cap. 61, by the last of which (sec. 12.) it is en-
acted, s 4 That the said. recited Acts, or either of them,
shall not extend to any person in actual custody, who
shall not be, at the tinge of filing his petition, and
during all the proceedings thereon, in actual custody
within the walls of the prison, and not within any rules
or liberties thereof."
On the .sth July last, Parliament passed an Act,
(6 Geo. IV. cap. 121,) reciting, that, 'g in consequence
of the present crowded state of the King's Bench
prison, it is expedient to relax the said recited provi-
sion f r some time, and the same inconvenience may
liappen in the Fleet Prison ;" and therefore enacting,
bec. 1. " That it shall be lawful for the Court for the Relief
of Insolvent Debtors, at any time after any petitioner, being a pri-
soner within the walls of either of the said prisons, shall have ob-
tained from the said Court an order for hearing his petition, to
grant a dispensation to such petitioner, with the provisions herein-
before recited, if the said Court shall think fit ; provided that no
such dispensation shaU be granted to any petitioner, unless the
Court shall be satisfied, by the affidavit of a physician, surgeon, or
apothecary, either that the petitioner cannot continue to reside
within the walls without injury to his health t, or that, for the
sake of the health of the prisoners in general, it is necessary that
the number of prisoners within the walls of such prison should be
reduced."
Sec. 2. Provided, " That if any prisoner having a dispensation
to reside without the walls, and within the rules and liberties of
either of the said prisons, by virtue of this Act, shall, without law-
ful cause, go beyond the limits of the said rules and liberties, such
prisoner shall ipso facto be deprived of all benefit of any of the Acts
for the relief of insolvent debtors." And
See. s. Enacting, " That this Act shall continue and be in force
until the end of the next Session of Parliament."
Itr Scotland the law has, from a period of very re-

mote antiquity, pet mitied the temporary enlargement
of prissiness, upon what is there called a 84 Bill of
Health," the nature and effect of which are well ex-
plained by Professor Bell, in his excellent Commen-
taries on the Principles of Mercantile Jurisprudence,
considered in relation to bankruptcy, competitions of
creditors, and imprisonment for debt; 4th edition,
1810, pp. 583, 584, 685. The whole regulations upon
this subject are contained in she following Act of Se-
derunt, or Rule of Court, made by the Lords of Ses-
sion so long ago as 14th June, 1671 :—" The Lords
considering, that albeit, by the law, Magistrates of
Burghs are obliged to detaine, in sure ward and &m-
-ance, persons incarcerate in their tolbooths for debt,
yet hitherto they have been in use to indulge prisoners
to goe abroad upon severall occasions; and it being
expedient, that, in time comeing, the foresaid liberty
taken by Magistrates of Burghs should be restrained,
and the law direly observed: Theref'.re, the said Lords
doe declare, that hereafter it shall not be lawful! to the
Magistrates of Burghs, upon any occasion whatsomever,
frwithout.a warrand from his Majesty's Privy Council,"
(meaning the Privy Council of Scotland,—abolished at
the time of the Union) " or the Lotds of Session, to
permitt any person, incarcerate in their tolbooth for
debt, to goe out of prison, except onely in the case of
the party's sickness and cstiearne danger of life, the
same being always attested upon oath, under the hand
of a physician, chirurgeon-apothecary, or Minister of
the Gospell, in the place ; which testificate shall be re-
corded in the town Court books: and in that case, that
the Magistrates allow the patty only liberty to reside
in some house within the town, dureing the continuance
of his sickness, they being alwayes answerable that the
party escape not, and upon his recovery to return to
prison. And the Lords declare, that any Magistrates
of Burghs, who shall contraveen the piernises, shall be
lya'sle in payment of the debt, for which the rebel)
(debtor) was incarcerate. And appoints this Act to
be intimate to the agent for the Royal) Burrows, and
to be insert in the books of sederunt."
• The earliest of those t‘ruporary laws is 22d and 23d Car. 11.
cap. '2O ( A.D. 1670 and 1671) occasioned chiefly by the calamities
resulting from the great fire of London, in September, 1666.
t This appears to be the very first instance in which the law of
England ever paid any attention to the state of a prisoner's health,
as is proved by two most valuable documents, entered upon the
Journals of Parliament, viz.-1. Report " from the Lords' Com-
mittee, appointed to inquire into the present State of the Practice
of Imprisonment for Civil Debt, and the consequence thereof."—
Lords' Journals, vol. 47, from p. 182 to p. 201 inclusive. 2. Re-
port " from the Committee who were appointed to inquire into
the Practice and Effects of Imprisonment for Debt."—Commons'
Journ. vol. 47, p. 640 to p. 673 inclusive. Of the former of these
Committees, the present Marquis of Hastings was Chairman; of
the latter, the present Earl (then Mr.) Grey : and the anxious care
and attention with which, on both occasions, every point connected
with the important law of debtor and creditor was investigated,
reflect the highest honour upon the characters and feelings of these
noble persons.

A large importation of Westphalia hams has taken
place, in consequence of the duty on them having been
reduced horn Is. to 6d. per lb.

Vie Wormier Herald says—" NVe have heard of as
many as twenty apprentices who, upon the promise of
a high bounty and other advantages, have latrly been
induced to abscond from their masters' employ, in this
city, to enlist in a regiment, the recruiting party of
which, we understand, Is now stationed at Woodstock."

A handbill has been published at Bath, signed by
more than one hundred of the most respectable house.
olders, stating that they will not deal with any fish-
monger who :doses to abolish the horrible torture of
pegging lobsters. The fishmongers of Ball have, in
reply, published a statement in which they deny that
tie practice is followed by them, and they heal tily cc,n-
CUr ir. the humane sentiment expressed in the handbill,
a: the same time undertaking to use their influence
;th the fishermen who inflict the cruelty complained
of, to get it abolished.
Friday, a chimney sweep was convicted in the Po-
lice Court, Edinburgh, of a very singular outrage.
The alacrity which the members of the sooty frate:nity
display on occasion of fires is very great; hut their
zeal occasionally outruns their discretion. A jeweller
and silversmith having occasion to make use of his
furnace, he applied to it an immense fire, the eosins-
cations from which irradiated the top of his chimney,
which was not, however, in the least endangered.
The sweep observing this, gave himself no tine for
deliberation, but at once mounted the scot of :he
house, and poured down the chimney a e:euge of
water, just as the silversmith had removed a crucible
full of metal. The astonishment of those beneath at

this sudden inundation may well be conceived. The
sweep, in his operations, hid broken some cans, and
done other misdeeds, for all of which he was sentenced
by the Magistrate to pay 15s. of dansdges, besides costs.
• •