Star.
London, England, 1817-05-03 00:00:00

IRISH GRAND JURY PRE:ENT/GMT RILL.

Mr. COOPER, atter a few introductory remarks,
moved that the second reading 1. tac Btll s!lotthi to
postponed till this day six motit!.s.
. Mr. ABERCROMI'a c,:nsid.:red the measure rf
great importance, and exincsstd a hope, that, it this
Bill should. be withdraw l, some measure w0..1d be
adapted fur promoting the :,lject (luting the S. ssion.
Mr. PRETTIE was also- n: opinion, that this mea-
sure would be extremely bent ficial to Irelard ; and
thought that this Bill should he suffered to pass into
a law, if no better provisions were submitted.
Mr. PONSONBY had lamented to hear his Han.
Friend move Oat the Bill should be withdrawn. His
Hon. Friend had Laboured mo.t sedulously in framing
the several clauses; and he (Mr. P.) still thought,
that out of this Bill a system might be made winch
would be very beneficial to Ireland.
• Mr. PEEL. conceived it would be the m.. 51 conve-
nient way to withdraw this Bill, axed to in a
Bill embodying all the patty of the Repent which was
laid before the House in the last session of rAt

S'r J. NEWPORT considered it in vain to
Hate or temporize ; and that, unless the present • :es
were rooted out with a strong hand, it were better
The whole system should fall to the groti.,d. He
thought, too, it would be exceedingly difficult to
graft this new system on the old one. It was nem-
sary that the grounds orldematid on the public puree
should. be clearly made our, the proi.vieda well .tc-
' counted for, and good steuiny given. At ?res?et
the money wrung from the untorion .te peisantTy wit
often missing, and new assessments were the ccn:e.
quence. In one district three receivers had ()noose
bankrupt, and' it was high time that speculations
the expense of the public should be put an cod to.
Mr. V. FITZGERALD admitted the evils of the
existing system, but thought it impossible the various
enactments of the new bill should pass into a law this
present Session s. and it was not wise for these who
wished well to Ireland to embarrass a measure which,
if time were allowed, would be productive of the best
consequences.

Sir F. FLOOD had a multitude of ttbjectithir to
the bill : it did not, sufkieotly guard the people from
loss; it was complicated,- and would be better if di-
vided into two or three pins. There were also 13 or
14 new offices created.

Mr. COOPER. said, that there were but three new
offices, and the office of conservator was abolished.
The queston was put, and the bill ordered to be com-
mitted this day six months.
Mr. PONSONBY asked, whether that would not
throw the bill out:of the House t
The SPEAKER said, that if the title of the bill
were varied it would be considered a new bill.

atmmots OT sminntlPTgle.
On the second reading of the bill for the repreuiss
of fraudulent banki-upteies, , •
Mr. COURTENAY Ohjecfe-d to the measure, &Ai
alleged, that the provisions of the Bill wereimprar-
unable, particularly •that which enabled the Commit-
signers to inquire into the premien, life and circuits
stances of the Bankrupt, to disallow est his certificate,
and express in:opinion on Iris conduct. The laqviq
could only be made b, meant` f the creditors; aria
-tinder the law as it-stood-Ohl:when% they were alwan
examined' whenever any (rand irat.suspected.''Thete
was no.case of a Iraudulent.bankrupt escaping, salsa
the. creditors trete passive, if not active in bit fauna.
The power of examination at present intrusted to ILe
Commissioners was very general, and he was aVerVI
Ito inveit thim with- a power of etantiuing inw the
life.of a man from his earliest years.
Mr. JOHN SMIsTH said, that there was but ()AC
sentiment, in the City .as to the coAddct of the Com-
missioners of Bankrupt: they were always attenti!e
and.anxious to discharge their duty ;*and yet nctb4
-was more common than fraudulent bankruptcies:7
nnd the administration of the Bankrupt Laws .Ir2l
generally objected to in the Metropolis. The acorn•
usudutinu latorded the Commissioners when theymel
wai wholly insufficient, and their meetings, is enu*
sequence, resembled a fair rather than a Court. He
had 'no objection to arming - the Commissioners 10
.London,with greater powers, but he thought this not
safe' in the country ; and as the Merchants of Lou,
doh, he understood, were about to petition the House
on the- subject' of the 4ankrupt Laws, he should
isovi that the debate on the question should be ad-
journed to that day three weeks.
Mr.- LOCKH,ART would not resist the motion,
but must Add w kw observations On. What bad fallen

from his •Lrernei r: Codrtenay.) •It was
r,cess2o that the nbtalnitik 'Of eetatificatis *Abell be
rtemled ssio. • rear. r di9Stolty. for at present the
iaa h. ,d the effect of entler'Oß men of lhote principles
tc become bankrupts; 014 'liast only to find a friesitiii
• i,siorter, a friendly *,ticitor, and fictitious ere.,
ditnr4, for four-fifths ni itielf debts; there, tinfortiv=
naor,.sere but toe easily found; and the Certificate
bein f•lrtuined, the rightful creditors were' entirely
delta' ted. By his 13111 all these facilities were taken
; for. after the certificate was signed, the cir-
cumstances were examined by the Commissioners,
Ind r eir allowance was to be requisite to its validity.
As to the discretion vested in them under this prac-
tice, it was vesting no more power in a Court consist •
of three, than at present resided in a Court iota.-
red-of one individual.
Mr. WROTTESI.EY spoke 40 the confusion arising at the
r,fiato of Commissioners f r want of proper accommodation,
question was then adjourned.
• I.Y I ELETON presented a Petition from certain Land.
h.fers end Inhabitants of Birmingham, Against the Bill now be-
furrihe tiClude for assessing the Latunsirds, Ste of Birmingham
too, peers' Rates. It complaints) of partiality in makin the
•41.41,:arys of the Town liable, and excluding three other
post es connected with it.
lbe Honourable Mr. LYTTLETON and Mr. DUI:MALI& made
orx elnervatiime to the effect that all the parties cuoterned had '
kg] lefficieor and proper notices of the proceeding.
• J. IS ION replied, in denial of this fact, and the
reition was read, and ordered to lie on the Table.
Mr. ItOsiz. moved tha: the farther consideration of the Saving
• Sill be postponed till Monday. Agreed to.
lord BERNARD presented a. Prition from the Grand Jury
eftle County of Cork, against the Irish Grand Jury PreAnt-
re: all. Read, and ordered to lie on the "Fable.
A euti ion was presented from the Surgeons of .Galway,
pOrg the repeal of a Biil which prevented their admiseioo to
Isboe Afices.--Adiourned.

GER M.l IV pApg As.
• VIENNA, APRIL. IR
Her Royal H•ghuess the Psincess of Wales seems
to have kit this en), dissatisfied •at the reception she
act with. She had•prsohably reckoned on the honour
diking permitted to pay her* compliments to hip
11sivs y the Emperor, and was therefore not a little
ettinised when it was signified to her that his Ma-
jesty, fur the raisons already communicated to her
atoning, by Prirce Metteruich, could noireceive her.
13.iiii is till here ; his negotiations few the
re.rstahlishment of the or.fer, and the restoration of
the tdl unalienatel pmperty. ate said to proceed sue-
cosfullyond it is even said that our Government will
cede to the Order the Island of LiSSA, in the Adriatic.

Another letter from Vienna of the 16th of April,
after giving the accounts already published of the ft-
sric sect which has Appeared in Austria, the founder
d alich h calls Peschel, says, 6‘ in order to form an
rsii&iin the remit of the further inquiries must be
exited Peschel and 86 of his associates being ar-
rested, it is to be hoped that this fanatic instincts is
pat an eci? to. Peschel has been taken to Spielberg,
mar 11:unn, where the farther proceedings against
hsia will be entered on. Several detachments of troops
have already occupied the suspicious villages, and
trasqsillity is restored to the habitation of the peace-
fal peasant."

Ti Bavarian National Gazette says on this occasion,
"It does not seen certain what was the nature of
l'esch:l's doctrines. They Must certainly be of &n-
-roes tendency, as we already hear sit scenes of cr's-
dty„ and the Austrian Government has been obliged
to wod troops against the tumultuous assembly of
the peasants, who are said to have formed a sect
seasating to 1p or 12,000 persons."
Tit Maki Political Gametic says—'a The press
Nebel is stated tobe .a native of Bavaria. an Is-
keit, ant formerly Professor in Invlstadt for ten
yeas I at present, he is Clergyman iiind Deacon at
Ajelw Ang, two kagnes from (tied, in the lnnviertel,
eitLay 70 years of age, 'and reputed to be a man of
stae learning. The troubles in the neighbourhood
11$ Red, which were ascribed to a religious spirit of
Less, Ilion, excited by Peschel, are said to be of a
very differeot description, the vassals having refused
to pertorm the Gran on the ancient footing, ire
winch they were greatly encouraged by the Clergy-
man Pescoel, both publicly from the pulpit and in
private associations."

THE EVENING STAR.

LONDON.

SATURDAY, MAYS. 1817.
PILICEPP STOOKS THIS DAY AT TW E I.VE O'CLOCK
C0a4.790-1.)0. for A. 14 71—Reduced 71}
4Prf UMW. 64-4 per (h Wavy, 104
kaskagurr &Us 104.105. pc.-.1•11a funds 72 prs.

The Crean :.titer issued by Lord Stomotrru—
*raw. Pelbaps, the Law opinions embraced by
**timers in reference to the discretionary power of
Magistrates in eases of libel, was again noticed last
liOt is the Hasse of peers. This is a subject which
miles every where considerable discussion, and it is
"11 of such importance. The Jastices themselves
ara Perplexed bow to act, and certainly the situation
•hich they are put ip one of some difficulty.--
The, ale told that they may apprehend and imprison'
°II eat accused. on oath of an informer. of puls-
hhot a libel. That is, that they or the informer:
, separately or jointly, -power to determine wine
is *Ski.

One thing Is striking on this question : the eases
aidepioions that haw.* been quoted are prior in date
the Statute introduced by Mr. Fox and Lord
lams& It is not denied that this famous Statute
*Awed the law, or what WAS before held to be the
lair of libel. It should. iherefore. eseite no surprise.
4113 t *Pinions of wavier date should carry a different
lIIPeCt from what any one would conceive deducible
ilea the law as it now stands. His this question
hen yet fairly examined s namely. whether prece-
dolts drawn from winds prior to that law should
4' held applicable to occurrences subsequent to its
*maims

Before Foes BM, it was, the molar tenet of the
1?"10, that even the .Inry before whom is ease of
L 214 was tried had nothing to do hut to find the foci
of printing and itiablishing—that they were not titro-
Perm to derideleigher Mil. &libel,

the question. Of laver ato Wag a MIA tat itOt,
hetittg left 'to the Judge. But by the law as it stands,
even the Judge is precluded from deciding the ques-
tion I* (Ware whetbel, In his Onion, the mat-
ter be or be not a ',belt but the Jury give the dftisisse—
they give a Verdict en the whole etbe.—This it is that
perplexes the Justices of the Peace. It is mit a:trivet
tent for a Judge to decide on a libel, but they, it is
pretended, may do so, on Ole oath of an informer.
We pretend not to decide on a question of so much
magnitude, and on which the great Law Authorities
are divided. That this is the fact is evident from the
subjoined. opinion of Mr. Duman°, afterwards Lord
ASHBURTON ; a name, as observed by the illustrious
Sir WILLIAM Jonas, a to which no title could add
lustre."

With regard to Seeirio for & Peate in eases of
libel, this celebrated Lawyer says, .‘ I cannot help
adding, that pledges for good behaviour, in my ap-
prehension, are not demandable by law in the case of a
libel, before conviction : for this misdemeanour is only a
breach of the peace by political construction ; nothing
being an actual breach of the peace, but an assault
or battery, the doing or attempting to do some bo..
dily hurt. The writers upon bail, or the delivery of
a man's person from prison, never mention sureties
for the behaviour, in any case of a libel or construe.
dye breach of the peace 1 and yet it would bare
been material for them so to have done, if such- se-
curity must be-given before a man could obtain his
liberty." —(pp- 18, 19.)
I never heard till very lately, that ATTORNEY.
Ganctaktu, upon the caption of a man supposed a
could inset upon his giving securities for his
good behaviour. It it a doctrine injuries: to the freedom
of every tvbjat ; derogatory from' tke old conaitution. and a
vides: ailed, if not as absolute breae.i, of the liberty of
she press. IT Is NOT LAW, ANL I WILL NOT scautr
To IT." (p. Sl.)—Mr. DoeiNlNG's letter concerning
libels, WiIffAIILEO &e.