The Statesman.
London, England, 1813-12-04 00:00:00

4

might be vicious with contorative impunity.; for no
one could pretend that three months imprisonment
furnished any material terror to such depraved per-
sons a 4 he had alluded tu. It nal the boast of the
low of this country that it afforded retire's% for every
wrong, and that there were -none above the law;
but really by the operation of this Act man, would
bs forced below the law. ror instance, how often
might revengeful malicious persons be forward to
bring an station; perhaps of the moot injurious hind,
against the objects of their revenge and malice,: if the
only hazard of the experiment were to 'be three
months imprisonMent. Ile could not help pro.
nouncing this case a most. serious omission in the
Act. But thee Was also another Serious omission,
for the Act Made no distinction betweemthe debtor
who availed himself of every legal expedient to in-
crease his plaintiff's costs upon 'a' debt clearly nud
indisputably due, and* the debtor who promptly, and
without litigation, ackstowledged the justice of the
claim upon- him. That twp such debtors should
have the same facility of release was evidently a de-
fect. In his opinitso, provision should be made in
this De• code to. allow creditors, if they thought it
just, to acknowledge their debts at once, and thus
sere Creditors-from costs, an,
i'Slistinttion should
4
itistbetween such a. debtor," ;niit who wantonly
subjected his creditor to costa.. The llen.:blembhe
concluded' with stating, that fie' Would aot'optabse at
I.:tither pregreui of this Bill, otittragh litt Sett it his
duty to notes! his opinion epee the' measure to
-which be referred, and the merits of which waald,
he hoped, be more fully diseesSed in ft Mare Ses•
iron. .
Sir S. ROM ILLY thought the lionoturible Atli-.
• bet's observations inapplicable ta the Bill before the
House, and rather referring to 'the' Act-di linitiSea.
lion, the principle of which iris =Amoy, "diet a
dititor Should obtain his freedoM upon gliirtg el/ ilk
property.' Te this Bill, which merely had in tieW I,
the carryiug'thst principle into effectlatid: the elects- L
`Hen of the Act of bit Sessien, he hoped that no oh-l'
irtructic4l would be given.—As•ta the Ironoorable ,
Metither's obseivittiens, there Was no doobt, that
actedithstanding the present Bill,. we must wait 'to
see the operation of the original ',Act before every
defect tould he provided "opiate, and probably the :
Bonotrtible Member, by turning Ms attention (0 the.:
subject, might be Aid to amt, some usiful im-
piovements: - The HonottribleVeniber had stated i
Om no distinction was4iiiiile itir• the 'Act alluded to,
With respect ibluch &bort as "'veiled themselves of
aertaiti legal eiped4Siti; to'indeilie the costs of their
creditors, "but 'the way to core that evil was not, in
his'opinion, to make any distinction in this Actl.hut
to do away these expedients theMselves. For in..
Stance, he meld notieu the justith of allowing writs
Of eitor to where there Was no substantial error,'and
Where theprockvtling only served 'to produce delay:
surd costs.' lie thought, therefore; aid no writs of
eiiiii shOnlii be stowed, 'unless such. error were per-
titled 'by two COottset; This change; would, in his
judgment, prove a very' iterial improvement. Be
was anxious to attend in all oases to the interest of
tbe creditor is-Well as that of the debtor, and Hitt:
oat( of ourtasr between debtor and creditor ail.
reared"to hits td be such as to require many serious;
amendments. ' It was too harsh towards the -person,
and too relaxed towards the property of the debtor.
He could not, for instance, imagine any reason why
freehold and copyhold property, and property in the
funds, should not be rendered responsible for the
payment of a man's debts. So strongly indeed was
he impressed with'this opinion, that it was his inten-
tion to bring forward, after the recess, when there
would be "'full opportunity for discussion, a mea-
ure similar to that which he some years ago 'felt it
is duty to submit 16- the House, for ntaking'free-
told property stibject to the payment of debts after
he debtor's decease.
i The Bill wax read a second time, and ordered to
• . L
be committed to-morrow.

. .
'THE ARMY. -
The .OHANCILLOR .of the EXCHEQUER
moved the Order for the Mouse resettling' lute/ it-Com-
'inittee of Supply ; and that the .AratY Estimates
should be referred to the-said Cernitiette. • - °* ' •
The House having gonalloto the Ceimilttet,
Lord- PALM ERSTON, after 'steting 'Allot he
should postpone any detail until 'aftehhe Recess,
when a full discussion might be expected npou the
subject, moved the Ordinary *Army. Estfilluttes ; Nyhich
were agreed to. - '• ' • • •-*r .. - • •
The Noble Lord v, then. moved ' the Ortut of
3,000,0001. for the Army Xatrsioeckhiriet; 'ether,-
thg, ' that the accrients ttridir tide liesid-iimilttiathe
saido up &sal stioat FAster, *tree i illaiiiiiiihn 'might
'be expected-, amllsvhen he'elioild betooo ta
Aiiiietevi- tiet.sharrexplanittort.r , '-' .7- ''-' ' ,
".! ,Mr.'BENNErt repeated Isis . rrbt Oster-
_ alb
-}'; !Oh ',rowel- ttythe tr reiteet . 4sf thit'Aymy.
• '.'T -.b,-.• rd.' rfttAftgllST4ol,,,, . ...silsoaf ',
4004te
stOsibligti the pay wire threErG, . • .., iii tier:
~• .f Mr. LONG stated, 'MO-the- lest Attila tectitipi
Arom-t4se Peninsula; at:to the arrear of pay to 'ltte
• Army, ••was in October fart, and the smite was then
• four months, for the discharoe of which ordere were
immediately issued. • '
Mr. BENNETT Said, he was iiivprited thit the
arrear due iu March last; was not 'discharged in
July.
Mr. LONG could speak positively as to the or-
ders given for the paymeut.Of arrears to the army,
and it was always understood that the payment im-
mediately followed iucti-Ordera. The Ron. Gentle-
man must be aware how' 'hatch bur army was 'dis-
persed,a3cl he (Mr. L.) had no doubt that.the arrears
were universally paid as soon as possible under:such
circumstances.
Mr. BENNETT said, that he had• had a letter
from a friend, stating that he yhd iiiii'received: any
arrears since March last. -•-• -• ' :. • - ' ' •
Mr. LONG expressed his readiness-tolarbefore
the House a return of ilia vilicial ordert Imbed troin..
this subject, if the lion. Gentlemanvequired•it.. •
The Motion was agreed *to, Oreakte resealed,
and thr;(itepert• was ordered to ,bir'bitiepht •up. 4,0:.
morrow. • - - - •I -
FRAME.-WORKERW "ML.' ' - • -
. . On jls(r. IT.. ,ADDlNGTOrti•theitlot the cool-
_initial of.this title . • • •!•• T, • ..., , , ,

'rhe ATTORNEY•GENERAL reseoftni after
(I;l4ling upon the circumstances under w4vicb the ori-
ginal law upon this subject was enacteds pCOpeseel,
iu deference to the sug6fltion of Gentlemen nu the