"The law for the recovery of debts, under the estate of a bankrupt, should put the insolvent, as nearly as possible, on an equal footing, with regard to his debtors and creditors. At present, when a man finds a creditor bankrupt, he knows that the debt will not be soon, if ever demanded, the assignees having been often unwilling to run the risk of suits, on account of the attendant expences. A bankrupt's estate should be free from law stamps, as the sale of the estates are from auction duty; a penalty should be attached to a debtor, against whom a recovery is made, under the estate of a bankrupt, if a fraud can be proved, and certified by the judge before whom the cause is tried, as there is evidently a great degree of criminalty in resisting a demand made under such circumstances.-This or similar regulations, would only counterbalance the advantage the defendant now bas, if so inclined, of knowing that, in general, proofs of the debt are difficultly to be obtained, and that he can compel the assignees, in the first instance, to begin, by proving the Bankrupt a trader within the statutes; the act of bankruptcy, that the commission was regularly granted, the assignment to the plaintiffs, and pro perty in the bankrupt."

"To persons disinclined to pay, these advantages are very great, inasmuch as recoveries are extremely difficult, and the unfortu nate bankrupt is frequently branded with the name of an imprudent man, who has squandered his property by giving credit to persons unworthy of trust. This part of the business requires great attention, for the book-debts of a bankrupt often do not produce one quarter in the hands of assignees, that they would have yielded, had he remained solvent."

"It might therefore also be expedient to give the bankrupt a certain allowance on all book-debts recovered, in order to obtain his assistance; for this is different from the general allowance on the dividend, great part of which may arise from recoveries that are totally independant of his exertion. Were the bankrupt to be treated liberally, and with due attention, in case he conducted himself well, and assisted in making the most of the estate, great and beneficial alteration would certainly take place.

"The value to the nation of the important description of men subject to the bankrupt laws, renders it highly proper that these laws should be framed and executed with a dignified regard for the character and comfort of the objects of them, but which should not give them any improper advantages over their creditors; such alterations therefore as might tend to produce these desirable objects are eminently deserving the consideration of the legislature."

66

Though the law against fictitious creditors be, as we have seen, sufficiently severe; yet, if such creditors have chosen assignees, who of consequence are equally fictitious, such as the trouble and necessary expence of removing them, and so

much mischief may be done before they can be removed, that instead of the estate being in the hands of men interested in a good administration, it is often vested with those desirous of oppressing their unfortunate victim, careless of the interest of the creditors, and solicitous only for their own advantage. If assignees continue to be appointed as at present, the commissioners should have a controul over their nomination, as they should not be received until their circumstances and situation are approved ; with them also should be placed a person to act officially, as hereinafter suggested; all monies should be payable or receivable only on their joint order or receipt, and the balance in hand should be paid into the Bank of England, where there ought to be an office appropriated for the purpose.

"There should be also particular offices for the purpose of the meetings, and the several proceedings should be inserted in books, to be kept in such offices; of these books there should be duplicates, at all times open for the inspection of both the bankrupt and creditors, with liberty to take copies or extracts; the scrutiny of all debts proved should be severe; and, when doubtful, the proof should, at all events, be put off until after the choice of assignees, that no speculation should be made thereupon, as at present.

"One great evil of the present system of bankruptcy, arises from those interested and intriguing men, who procure themselves to be chosen assigness, and, knowing all the power and advantages they enjoy, keep the creditors out of their money, to their own emolument.

"There are persons who make it their business to be assignees, which is effected in the following manner: they get into their hands some of the bills, or other securities of the bankrupt, make themselves very busy at the first meeting, openly pretending great zeal for the estate, and, in a private manner, promising the bankrupt that they will assist in getting his certificate, if they are chosen. To the solicitor, they promise not to change him; and by this means they procure a majority of the creditors at large, who being very little interested in the matter, and generally unacquainted with each other, act without concert, and become the passive instruments of those interested.-Many persons in London, and some that stand high in life, owe their rise to their being chosen assignees, having had large sums of money remaining in their hands, from unclaimed dividends, &c. &c.

"To remove this very injurious practice, and the inducement that leads to such steps, an assignee general should be appointed by the Lord Chancellor, vested with the same powers and authorities as assignees at present enjoy ; under whose controul the assignees appointed by the creditors should act, and be accountable to him, and give proper security for all monies to be by them re

ceived from the bankrupt's estate, which should immediately be paid into the Bank of England, in the name of the assignee general; a penalty should be attached on assignees retaining in their custody any sum of money belonging to the bankrupt's estate, exceeding the sum of £· ; a per centage should be paid to government on the dividends received, and all unclaimed dividends, which amount yearly to a considerable sum of money, should be paid to and become the property of government, if not claimed within a certain number of years.

"This would not only redress the evil arising from the improper choice of assignees, and the unfair advantage of which assignees avail themselves, but it would prevent the very nefarious, but common practice, already stated, namely, proving debts, not real, in order to have a vote in the choice of assignees, as the inducement to become an assignee would be done away.

A certain number of accountants should be attached to the bankrupt's office, to whose inspection the books of every bankrupt should be submitted, and the statement of his estate and effects, on his surrender, should previously be examined by one of the said accountants, and checked with the books from which the same was made. It would also be proper that every statement should have thereon indorsed the opinion of the accountant by whom it was examined, signed by him, whether approving or disapproving of it, for the inspection of the commissioners and creditors, on the day of the surrender. This would prevent, in a great degree, false accounts from being imposed on the commissioners, the oath being, in many instances (we are sorry to say), the least consideration; for the bankrupt, knowing that his statement would undergo the ordeal of the accountant's examination, and that his observations thereon would meet the eye of the commissioners and creditors, would be careful how he subjected himself to the animadversions he would justly merit if he in any manner deviated from the path of integrity. It would also be advisable, that before a dividend was made, the accountant should give in a short general report, or a particular one, as the nature of the case might require, of the debts proved.

"With regard to the certificate, creditors refusing to sign, should be obliged to assign their reasons, and if not good, the commissioners should be empowered to sign for them, thus personat enmity might never prevent an insolvent man from obtaining justice."

"One commercial man,* of unblemished character, independent

"Perhaps, if the mode practised in Paris before the revolution, in the Court of Consuls, were in part adopted, it might be attended with great adyantage. That Court consisted of twelve tried commercial men, of unblemished character, who had been at least thirty years in trade, and were inde

circumstances, and mercantile knowledge, should be assistant to every list of commissioners but the same merchant should not always be with the same list of commissioners; thus all parties would be considerably benefited, by the assistance and control of a British merchant of intelligence and integrity.

"Although the preceding suggestions are the result of long observation and experience, the author, nevertheless, submits them with diffidence;-he humbly conceives that the alterations he proposes, and the attempt at amelioration which he has hinted may be productive of considerable improvement in our system of jurisprudence, as far as relates to the bankrupt laws. Aware, however, of the danger of too precipitate a reform, he has made the present code the basis of all the alterations and amendments which he has ventured to suggest. It will occur to the reader, that all those changes cannot be applied to bankruptcies in the country, but some of them may; and after the others are adopted and approved in London, there is no doubt but means may be found, of extending them also to the principal commercial towns in England."

The BANKRUPT LAWS, by WILLIAM COOKE, of Lincoln's Inn, Esq. Barrister at Law, in two Volumes. The fifth Edition, with considerable additions. Brooke and Clarke, Bell-yard, Temple-Bar. Crown Octavo.

THE abilities of this writer have been long known to

the public; we shall therefore only inform our readers that the additions are made with the author's usual care, and consist of the same sort of ample extracts, and abridgments of the reports as are characteristic of the former editions of the work, and make the whole a complete system up to the present time.

We should perhaps not have mentioned this work but that we know some are so eager to procure the newest thing, published upon every subject, that we feared lest, for want of information, that a new edition is published, a few of our readers might overlook a work of established merit, and be inclined to take up with any trash which bears the stamp of novelty, and promises to contain the latest cases.

pendent in fortune; they presided without emolument; their patience to investigate facts, and their attention to the distribution of justice, was as far beyond example, as it was above praise. Honor was their reward: and to be capable of being a Consul, was, in commerce, reckoned equal to being a Commander of the Order of Merit."

Question concerning a Rule of Descent.

MR. EDITOR,

VERGING towards the close of a long and active professional life, my chief source of amusement, now, is to examine, with more minuteness than heretofore I had sufficient leisure to do, some of those abstract ques tions which have never been satisfactorily solved.

The one which last occupied my attention has, I am free to confess, baffled all my endeavours to remove the murky darkness which conceals the clue by which alone we can get at the ground and principle of the point alluded to; but as some of your ingenious correspondents may, by the application of greater talents, be more successful (should you deem the question worthy of a place in your very amusing and instructive legal and juridical reposi tory,) I take the liberty of requesting the insertion of it. It is this " Upon what solid PRINCIPLE can the father of a purchaser be rejected in the descent from such purchaser, and the father's uncle or great uncle be received?"

There is a great deal to be met with in the books upon the subject, but in my opinion nothing in the least satisfactory as to the ground and solid reason of the rule. grou I am Sir, your, humble Servant,

SENEX.

BLACKSTONIANA.GAME LAWS.-Of the Qualification to kill Game.-Of the Right to vote at Elections for the Shire, &c.

I

SIB,

RECOLLECT, in one of your early numbers, you mentioned to have received from one of your corres pondents, a suggestion for a legal Ana, or occasional remarks on the excellent Commentaries of Sir William Blackstone. This, if executed well, I have no doubt,would form a very useful miscellaneous article in your work; NO. 32.