Star.
London, England, 1809-03-02 00:00:00

PARLMMENTARr PROCEEDINGS.

HOUSE OF LORES, WEDNF SDAY, MARCH 1.
In the Writ of Error cause, Pemberton v. Oakes,' a question
having arisen, whether the House could take cognizance of the
Writ of Error from the Exchequer Chamber, the Writ of Error
in that Court from the Court of Exchequer, having been ■on-jrci.
red. Mr. Dauacey was heard for the Plaintiffs in Error, and Mr.
Abbott for the Defendants in Error. After some observation;
from the LORD CHANCELLOR, the Case was ordered
.stand over.
The Irish Militia EnlLuneat Bill passed *womb a Committl
and wa reported.
Lord MULGRAVE presented Aa Account of the Tonnage
Transporrs employed in conveying Troops, Arms, Stores, Ste.
Spain and Portugal, which was ordered to lie on tho Table,
to be printed.—Adjourned till tomorrow (this day.)

HOUSE OF COMMONS.
Mr. Alderman COMBE moved that the Committee to cent
der of establishing a Sunday Toll on Blaskfriars-bridge, be •
vived.—Ordered.
The House went Into * Committee on Cregsan's Divorce .
Mr. Gazaley and Mr. Gerrow, the lawyers, attended and ex,
mined the evidence, as to the criminal intercourse between Mrs.
Gregson and the coachman; and also between ter and Mr. M'T;
pet. Report to-morrow.
The Irish Bank Notes Bill was read a third time and pasted.
Mr. GRAHAM moved for leave to bring in a Bill for tlittilitt
of Insolvent Debtors in Ireland.
Mr. FOSTER brought in a Bill to grant a Bounty on Flax
importid from Great Britain into Ireland, and for amending iii
altering the laws respecting the Linen Mentifa;ture.—eßeadi
first time.
Mr. FOSTER moved ibr ma Account at the quantity of Colt
exported from pnd Imported into Iri*adt IA the year ending
1809, distinguishing the Pcats, tot.."-04f1e4
A Bill was brought in fqr Mrs &Jaunt, of Pled* at
between his Majesty and M. Whkbeeld.wittead a first time
ordered to be read a second Ude on Mobilkat.
LoriWASTLEREAGH presented the beeteepondents between
himself and Sir Thomas Dyer.4prderad 0 lle on the table.
I • Mr. FOSTER moved for an 4.ccotilit if bke quantity of Corn
1 which bail been ground In Irellind, * chi &tune of last year,
COMMITTER- op aura&
On the Motion of Mr. HUOKISSON, thit, noun Mashed s
into a Committee of Supply, and the Aci**tits rupee* o,
standing Elchequer Bills, lied the Loyalty Lim. weed Wend
to the Committee.
On the motion af Mr. HUSXISSON, k titartatiabludi le-
Zewtandin
5,000,0001. be granted to pay off Fatchequet tt-m
2d. That 47,6501. 7.. 9d. be granted to pp finfoln Annui-
ties under toe Loyalty Loan, without fee it
.. Report
to-morrow. -441*,
Mr. HUSICISSON Ina Committee tif Walk (3
that 5,000,0001. be granted by Extbetoor Mid, to
20,000,0001. voted or the War Tiflis for ifini- tom'
Report to-morrow.

DISTILLERY. '
Mr. PERCEVAL moved the third resat of the
Prohibidon Bill.
After a few ponds from Sir J. HALL and M. D.
t►e Bill was read a third time and passed.

BANKRUPT LAWS.
Sir S. ROMILLY rose, pursuaut to notice, to
move for leave to bring in a Bill to alter and autend
the Bankrupt Laws. In bringing this subject before
the House, he rested not merely upon the notice wl
he had given ' • but also upon what he had stated
the House three years ago. He then said, that
he proposed to do was, to render the system less
festive, and not to free it from all objection.
repeated the same thing now—some indeed had
so struck with the many glaring defects of the sy:
that they thought it ought to be abolished, and a
one substituted in its place. But he confessed that
had not sufficient confidence in himself to underta
such an Herculean labour, and all he could do was,
attempt to reform some of the most obvious deli
of the system.
• The first defect to which he would call the atten,
tion of the House was this—that a trader, after -
ing up all he possessed in the world to his credi
was still liable for many debts, the proof of wi
could not be received undeithe commission.
was the case, in direct opposition to the principles
these laws, which was, that a trader having given
all his effects, ought to be free from all claims
tracted before the period of that bankruptcy.
most numerous class of debts of this kind cons!:
of those for which some one else was liable as .
tity. These surety debts did not legally arise till
ter the commission. The consequence was,
could not be proved under the commission, and
=sequence of that again was, that the bankrupt
still liable. The remedy which he meant to

p3Se for this wits, that the sureties might prove their
debts under the communion, provided they paid them
at any time before the final dividend. The effect of
this would be, that the bankrupt would be exempt
;torn any liability for these debts upon obtaining his
certificate.
The second defect under the existing bankrupt
los was, that the assignees were in the habit of using
the bankrupts effects for their own advantage, and of
speculeing with the property before the dividends,
as if it were theii own. The consequences, as he
himself had witnessed, often were,' that the assignee
became bankrupt, and the creditors had, in the end,
only the remainder, after a bankruptcy upon a bank-
optcy. A remedy for this had been proposed some
tame ago. in the House of Lords, and a bill brought
lin to affix certain heavy penalties to the offence.—
The object might be attained without so severe and
troublesome an operation. Though the creditors had
the power of appointing a bank where the property
should be placed, yet at present it often happened
that they neglected to do this, and that the property
rrnained under the controul of the assignees. The
remedy which he intended to propose.was, that if the
creditors did not appoint a bank to receive the pro-
Frtv, at an early period, the Commissioners • should
be bound to do it—and that, if after that the assig-
ves should retain any part ofthe piopoty, it should
be imperious upon.the CO wintissicmers to charge 20
per cent. on the money so retained. He itnagined
that this would be sufficient to prevent the abuse, or
atleast that it would go a much greater way towards
that desirable object thin any severe penalties that
/night be enacted,
The third defect in the system was, the expence
eednreertaino of proceedings under commissions of
binlcruptee. In actions by the assignees to recover
ifebts due to the estate, it was incumbent on them to
prove an act of bankruptcy, and. a petitioning credi-
tor's debt, and in many instances the debtors of bank-
rupts were induced to withhold the payment of their
debts, in the hope that the assignees might find it
impossible to establish them. The remedy. which he
would propose was, that in actions by the assignees,
they should not he obliged toil provel the proceed-
lugs as above stated; unless the defendant gave no-
die some time before'that he meant to contest any of
these points. And he Would also propose that the
mode of recovering from the assignees should not be
by action as at present—but by petition to the Chan-
cellor.
The fourth Amendment which he would submit to
the House, was, of all the other points, that of the
greatest importance. This was, to take from the
creditors the power which they possessed, without any
controul, and without the obligation to assign a rea-
sm of refusing a certificate to the Bankrupt when
they chose. He requested of the House to consider
the situation of an uncertificated Bankrupt—he could
squire no property, for whatever he-gained-might
be instantly seized upon by the assignees—his indus-
try was lost to himself and to his country, and he
was liable to be imprisoned for life for debts contract-
ed before the bankruptcy, which he . was unable to
pay. By a statute in the early part ,of the reign of
George the Second, this power was given to the
Chancellor, but by a subsequent statute of the
nine reign, it was enacted, that a bankrupt could
not receivehis certificate without the consent of 4-sths
in number and value of lioditors; so that how-
ever fair, honodrable, and blameless, in a moral point
of view, the conduct of a bankrupt might be, he was
to labour under all the evils of the condition just
mentioned, unless his creditors chose to relieve him.
This choice often rested with a small number of the
creditors, and sometimes the whole depended on a
single creditor, whose debt bore a large proportion
to that of the rest. But this was not the only hard-
ship to which the bankrupt Was exposed by the statute
just.aUuded to. Any creditor who could- not prove
under the commission, nor receive a dividend; Was
yet admitted to refuse the certificate,: in order to give
tact to his action. This involved the very serious
msideration of imprisonment: for life for debt. On
that point generally he would it this time say no more
than this, that in his opinion a min could not do a
greater service.,to his country, than to procure the
abolition of imprisonment for debt altogether. 'lt
was mischievous to-the individual--it"- was perniCious
to the page a and the worst of it was, thit it made
the creditof the judge in his own cause, and though
the imprisonment might in many cases be just, yet It
was certain, that in. many cases also it was most un-
jest. But with respect to an uncertificated bankrupt
it was always unjust.; for the only object of the pu-
nishment was to compel him to do that which the law
rapposed impossible for hint to do, and what indeed
it rendered it impossible fer him to do, unless be
those to be guilty of a capital felony. The puuish-
rient therefore in this case must be unjust. Consider
scat were the consequences—an irritated creditor, to
~.1:orn the bankrupt might have given •
some previous
offence, and whom he must have offended, in de-
priving him of his legal claim, however innocent the
bankrupt might be. When the consequences that
might result from such a relative situation were con:
silered—a man exposed without defence to the mercy
0. an enraged enemy—it would hardly be possible to
appreciate the extent of mischief which such a state
of things was calculated to produce. The certificates
were often withheld from the innocent, and given to
the fraudulent bankrupt; for in fraudulent commis-
sions it seldom happened tharthe certificate was re-
f-lied. These certificates were often withheld for the
purpose of extorting an advantage over the other cre-
&tors, as facts constantly recurring sufficientlT prov-
e). The law, it was true, gave several securities to
tie great body of creditors, against such practices,
bit still they prevailed to a considerable extent. This
held out a temptation to fraud to which no bankrupt
ought to yield, certainly, but of which it .was
tremely impolitic to permit the existence. The temp-_
ration was too often indeed sufficient.to overcome the
moral principle. The parent was often tempted to
assist the child, and the child the parent, in an im-
proper way ; and it was notorious that cases of this
kind were constantly occurring. But there was ano-
ther temptation to which the defect.in question ex-
posed the bankrupt, and that was to avoid making a
fill disclosure of his effects. When the creditors came
`award to prove their debts, the bankrupt was sensi-
Me how much he was in their power, and •did not
•,;.ve that assistance in examining the debts, which
ruder other circumstances he mgi ht: be inclined to do.
And a case had occurred the other day in tle court
t
ncery, where it-i a
rpred tlidt a creditor hq

hrtdsseuciggteostsign*ed 6:datieeteocabe sathethfeac
Bt noakartu
head
Was endeavouring to prove a larger
debt than was
due to him. There also existed another motive to
withhold the certificate. The bankrupt, until he ob-
tained the certificate, could not be • a witness in any
thing that related to the estate —and the creditors who
had any contest with respect to it, often refused to
sign, in order to prevent the testimony upon which
the verdict, and the justice of the case might depend.
Within a period of three or four years, there were
more cases where certificates had been withheld than
where they were granted. In the year 1605, there
were 940 commissions taken out, and of these 489
were uncertificated. In• 1806, there were 1084 com-
missions taken out, and of these 601 were uncertifi-
cated.—ln the last twenty years, there were 16,202
commissions taken out, and of these 6597 remained
without certificate. The evil had been found to be
of such magnitude, that a temporary relief had some-
times been given. In 1772, and afterwards in 1778,
Bills were passed to compel creditors • to give certifi-
cates, unless they could shew that there was some-
thing fraudulent in the conduct of the bankrupts ;
but this relief was confined to cases that had occur.
red ions to these periods. This plan of temporary
relief, was certainly not one that ought to
be resorted to, if it was possible to discover a remedy
of another description.
If the thing was unjust at all, it was always unjusi,
and therefore the remedy ought not to be temporary,
but permanent. In Ireland these temporary measures
had been adopted more frequently than in this coun-
try. Bills of this kind were Passed in 1786, in 1797,
and then in 1799, being an interval of only two
years. A Bill, was next passed 1800, being only an
interval of one year • so that, in Ireland, had it sot
been for the Upion, the plan was in a fair way of be-
coming the subject of- an annual law. But, since the
Uruan,no such temporary Act had been passed, and
the distress that must have been produced by this sus-
pensiOn of a remedy, the nature of which proved the
necessity of some remedy, might be easily imagined.
The remedy he would suggest was not to take the
power out of the hands of the creditors ; but that, if
the certificate was withheld for two years, the bank-
rupt might petition the Chancellor to allow the certi-
ficate, while the creditors might shew cause why the
certificate should not be granted. The Chancellor
would decide upon the merits and allow the certifi-
cate, provided there appeared no good reason to the
contrary.
The only objection to this remedy, as far as he
could judge, was the additional expense which it
would occasion in these proceedings ; and in order to
obviate this, he would propoLt that the additional
process should be exempt from taxes. Of all taxes,
those which were imposed on law proceedings were
the worst, with the exception of lotteries. Such
taxes were perhaps popular, however, and therefore
they had been but little considered. But, a very little
consideration would shew how excessively hard it was
to subject to heavy taxation, without distinction of
fortune, those who only incurred these taxes in the
struggle to do themselves justice. It was his inten-
tion to make this part of the Bill, not only prospec-
tive but retrospective.
It might be asked, however, why, when a law was
proposed for the protection of the honest bankrupt,
something was not done to protect the creditor against
the dishonest bankrupt, and to prevent the frequency
of fraudulent bankruptcies ? To this he could only
ansWer, that at present he had no remedy to pro-
pose but one, which he rather thought the House
would not adopt. The only remedy he could con-
ceive was; to render the law more efficacious, by
making it less severe- The cause of the frequency
of fraudulent bankruptcies he believed was, that the
fraudulent bankrupt was, upon proof of the fact,
liable to lose his life.
He had already stated that there had been up-
wards of 16,000 commissions taken out in 20 years ;
and though instances were every year occurring of
bankrupts withholding their property, there had been,
in the space of 80 years, only three prosecutions, and
only one executed—he believed about the year 1759.
Another had-been convicted, from a mistake as to
the facts o( the case ; but these being represented in
in their proper light to his Majesty, he had extended
his mercy to the bankrupt in question. There never
perhaps existed a stronger instance of the inefficacy
of laws owing to their severity. Was it surprising
thatlew persons were found to prosecute, when for
an offence of this nature the punishment was death ?
Under such circumstances bankrupts were under the
strongest temptations to withhold their property.—
This was bad ; but at the same time in point of moral
guilt, veis it worse than the case of a man who in a
higher station withheld-his property from his creditors,
and spent it in personal gratifications ? If the law had
been less severe, it would have been more enforced,
and the end would have been attained in a much
greater degree.
The objects which Le had in view would make a
very material alteration in the Bankrupt Laws. The
best method of proceeding, he imagined, would be
to bring in the Bill, to have it read a first time, and
to get it printed, and then to put off the second read.
ing to a distant day. But he hoped that no one would
require that the postponement should be beyond a
month. He should be very sorry if the bill did not
pass with every possible speed. Every day's delay
was the cause of imprisonment and misery to a
great number of individuals. If such. a Bill had
been passed at the beginning of the present reign,
what misery might it not have prevented ? What an
increase of industry might it not have vroduced ?
What wealth might it not have raised ? How many
persons who had passed their lives in poverty and
distress might have been in a respectable situation!
How many might have recovered their rank in life,
and paid all the just demands upon them ? There
were some other objects of minor importance which
he had in view, such as to prevent the vexatious con-
sequences that often arose from secret acts of bank-
ruptcy. He, meant also to provide that bankrupts
might be competent witnesses without releasing the
sums to which they might be entitled in case their
property came to a certain amount. He also in-
tended to propose an alteration in legal executions
in cases of bankruptcy,
He concluded .brinoving .for leave to bring in a
Bill to alter and amendt&c.,
The motion was agreed to, :fowl Sir Samuel -An!
rainy and, Mr.. Htilkilattin were inn
• ted to brining
.

feat.

THE EVENING STAR.

LONDON.

THURSDAY, MARCH 2.

PRICE OF STOCKS THIS DAY AT ONE O'CLOCK :
s per Cent. Consols, money, 671 f—for acc. 67; 68.
3 per Cent. Red. 641 68-4 per Cents. 83H
Bank Stock, 275172460 F STOCKS YESTERDAY.
Imperial Ann. 7 9-16ths
per Cent. Red. 68ft Omnium 1 prem.
S per Cent. Cons. 671i{ India Stock 1841
4 per Cent. 841 831
S per
An
Cent.
INyY India Bonds, I is. 12s. pre.
13-991 h 9591 Ex. Bills 9s. 12a. pre.
Long
Lottery Tickets 211. 19s.
Imperial 3 per Cent. 67 Cons. for acc. 6811

Accounts were yesterday received at the Admiralty
of the Brest Fleet having put into Rochelle. The
dispatches were brought to England by the NAIAD,
Captain DtiDAs. The first port made by the NAIAD
was Falmouth, where the Captain was landed, when
he immediately set off for London. The NAIAD

proceeded for Plymouth where she has since arrived.

The CALEDONIA, of 110 guns, Admiral Lord GAM I
BIER'S ship, had also arrived at Plymouth before the.
Mail of Wednesday left that place ; but as no salute
was fired on her arrival, it is probable the Admiral
was not on board, and that he may have shifted his
flag to some other ship.
The intelligence brought by these ships is briefly
this :—The Brest Fleet, consisting of eight sail of the
line and two frigates, having put to sea, appears to
have been joined, as it passed L'Orient, by four sail
of the line and six frigates from that port, and then
to have proceeded for Rochefort, whence they were to
be joined by three sail of the line, one ship of 50 guns,
and two frigates.—The combined squadrons then
consisted of fifteen sail of the line, one 50 gun ship,
and ten frigates—a respectable force, and with which

they no doubt expected to accomplish some brilliant

Their first intention seems to have been to surprise
Admiral STOPFORD, to whom the blockade of Roche-
fort had been entrusted, and whose force consisted of
only four sail of the line ; but in this as well as in
whatever might have been their ulterior destination,
they have been completely foiled.

It is probable that the orders by which the co-
operation of their different squadrons was to have
been secured, were transmitted along the coast by
the Telegraphs ; and, to a certain extent their efforts
were well combined : but the NAIAD, which was the
look-out frigate to the Northward of the Bay, ob-
served the Brest Fleet, and having communicated by
signal the approach and force of the enemy, Admiral
STOPFORD made sail to another part of the Bay; so
that when the enemy reached his former station they
found the hoped for prizes were gone !
In the mean time intelligence of the movement of
the enemy had been communicated, by our cruizers,
to our different Commanders, and Admiral BERES-
FoRD joined Admiral STOPFORD with three sail of the
line. The ships that had been blockading Brest and
L'Orient soon joined,'and the enemy found themselves
pursued by 15 sail of the line and some frigates.
These movements were so quick that the enemy
could hardly be considered as having actually effected
the complete junction of their squadrons. The C/RSAR,
of 80 guns, and the AMELIA, of 36 guns, succeeded in
cutting off three of the L'Orient frigates, and had
driven them into Basque Roads, where they had en-
gaged them.
One of our letters states, that before the accounts'
came away, they had captured one of them, and
driven the other two on shore; but this we rather
doubt, as we think that such a circumstance, if known
at the Admiralty, could not have been omitted to be
mentioned in the subjoined Note, which was sent to
Lloyd's yesterday evening :