1 Bowls them out by harassing expenses.—A proof of the power which has been exercised under the existing Insolvent Debtor's Act, will be found in the following extract from a daily paper:— An unfortunate debtor was opposed in the Insolvent Debtors' Court, for having resisted particular creditors with vexatious law proceedings, sham pleas, &c. The public is not generally aware of the extent to which such vexatious resistance can be carried. In the investigations that have taken place before a Committee of the House of Commons, on the subject of insolvent debtors, Mr. Thomas Clarke, (at the time clerk of the Court,) stated, that in a debtor's book he found a paper, 'wherein it was pointed out to debtors how to harass creditors.' He had heard, he said, that it was sold from one prisoner to another, in a printed form, for 6d. each. That witness then delivered to the committee a book, from which the following extract was read,—it is extracted from the Parliamentary Report:— ?Law proceedings.—When arrested and held to bail, and after being served with a declaration, you may plead a general issue, which brings you to trial the sooner of any plea that you can put in; but if you want to vex your plaintiff, put in a special plea; and, if in custody, get your attorney to plead in your name, which will cost you 1L. 1s., your plaintiff, 31L. as expenses. If you do not mean to try the cause, you have no occasion to do so until your plaintiff gets judgment against you; he must, in the term after you put in a special plea, send what is termed the paper book, which you must return with 7s. 6d. otherwise you will not put him to half the expenses. When he proceeds, and has received a final judgment against you, get your attorney to search the office appointed for that purpose in the Temple, and when he finds that judgment is actually signed, he must give notice to the plaintiff's attorney to attend the master to tax his costs, at which time your attorney must have a writ of error ready, and give it to the plaintiffs attorney before the master, which puts him to a very great expense, as he will have the same charges to go over again. The writ of error will cost you 4L. 4s. If you want to be further troublesome to your plaintiffs, make your writ of error returnable in Parliament, which costs you 8L. 8s. and your plaintiff 100/. Should he have the courage to follow you through all your proceedings, then file a bill in the Exchequer, which will cost about 5L. or 6L.; and if he answers it, it will cost him 80L. more. After this you may file a bill in Chancery, which will cost about 10L.; and if he does not answer this bill, you will get an injunction, and at the same time an attachment from the court against him, and may take his body for contempt of court, in not answering your last bill. You may file your bill in the Court of Chancery, instead of the Exchequer, only the latter costs you the least. If you are at any time served with a copy of a writ, take no further notice of it than by keeping it; when you are declared against, do not fail to put in a special plea immediately, and most likely you will hear no more of the business, as your plaintiff will probably not like to incur any further expense, after having been at so much.' Thus a creditor may be put to an expense of three hundred and fourteen pounds, by a debtor, for the small cost of 30L. 10s. and all because the laws allowed him to sue for his own; and if he and his attorney do not keep a sharp look out, the creditor may get committed for 'contempt of court.'
“I perceive,” said Tom, “that your imagination is flying away from your subject; though I admit the justice of your remarks, as generally applicable to what is termed the higher ranks of society, and that they are imitated or aped in succession to those of the lower orders; but we appear to have imperceptibly got into a long descriptive conversation, instead of pursuing our usual plan of drawing inferences from actual observation. Let us forth and walk awhile.”
“With all my heart,” said Sparkle, “I see you wish to change the subject: however, I doubt not there will be a time when you will think more seriously, and act more usefully.”
“Upon my life you are growing sentimental.” “Never mind,” said Bob, “keep your spirits up.” “The world's a good thing, oh how sweet and delicious The bliss and delight it contains; Devil a pleasure but fortune crams into our dishes, Except a few torments and pains. Then wine's a good thing, the dear drink's so inviting, Where each toper each care sweetly drowns; Where our friends we so cherish, so love and delight in, Except when we're cracking their crowns.”
By the time Bob had concluded his verse, they were on the move, and taking their direction through St. James's-street, turning the corner of which,—“there,” said the Hon. Tom Dashall, “that is the celebrated Lord Shampetre, of whose name and character you have before heard.”
“Indeed,” said Bob. “Well, I must say, that if I met him in the street, I should have supposed him to be an old clothesman.”
“Hush,” said Sparkle, “don't be too severe in your observations, for I have been given to understand his Lordship has expressed his indignation upon a former occasion at such a comparison; though I must acknowledge it is not altogether an unjust one; and if exalted, I beg pardon, I mean popular characters, will force themselves into public notice by their follies, their vices or their eccentricities, they can have no right to complain.”
“And pray,” said the Hon. Tom Dashall, “where is one to be found who has made himself more conspicuous than the one in question, and especially by a very recent occurrence. The fashionable world is full of the subject of his amatory epistles to the sister of a celebrated actress,{1} and her very 'commodious mother;' but I dare say
1 To elucidate the subject here alluded to, we cannot do better than give insertion to the following police report:— PERFIDY AND PROFLIGACY OF A PEER! Bow Street.—An application was lately made for a warrant to apprehend Miss B., the sister of a celebrated actress, for stealing some chimney ornaments and China cups and saucers. The application was made by the mother of the accused, in consequence of her having eloped, and with a view to reclaim her before her ruin should be consummated. The warrant was granted, and in a short time the fair delinquent was led in, resting on the arm of a Mr. B., well known in the fashionable circles. Mr. C. a solicitor, appeared with the mother, and the property found by the officer; the mother identified it, and stated, that she should be happy to forego the charge, on her daughter consenting to return to her home. The magistrate then called on the accused for her defence, when she asserted that the articles were her own, purchased with money given to her by her friends. In corroboration, she called the servant, who spoke to a conversation, in which Mrs. B. blamed her daughter for spending her money so foolishly; and declared that the things were always considered to belong to the daughter, and were given up without the slightest objection when she applied for them in the name of Miss B. This statement produced a desultory conversation, which was terminated by the solicitor remarking, that the principal object, the return of Miss B., had been lost sight of. Mr. B. then said, he had paid for the education and every charge of Miss B. for the last two years. He challenged inquiry into his conduct, which would be found to have arisen from the most honourable feelings, when he should prove that Miss B. had sought his protection from the persecution of Lord P., who had been sanctioned in his dishonourable overtures by her mother. When personal insult had been used, she fled to him; he hired lodgings and a trusty servant for her. A number of Lord P.'s letters were then read, which abounded in vicious ideas, obscenities, and gross figures sketched with the pen. Miss B., then in tears, stated, that she had been shut up with Lord P. with her mother's knowledge, when indecent attacks were made by him upon her on a sofa; and that her mother urged her to become his mistress, saying she should have an allowance of 500L. a-year. The mother strongly denied these assertions, and, after the magistrate had animadverted on the alleged disgraceful conduct of the mother, if true, the affair was settled by Miss B. (only 16,) being put under the care of a female friend, agreeable to both parties, Mr. B. to pay all the expenses. Having thus given an account of the affair, as related in most of the daily papers, we think it right to add the following by way of elucidation. The young lady is Miss B—rt—l—zzi, daughter of a late cele-brated engraver of that name, and younger sister of an actress on the boards of Old Drury, who has obtained great notoriety for a pretty face, a roving eye, a fine set of teeth, a mellow voice, and an excessive penchant for appearing before the public in breeches—Macheath and Don Giovanni to wit. 'Mr. B.,' the gentleman under whose protection she is living, or rather was living, is a gentleman of large West India possessions, who some time ago immortalized himself in a duel about a worthless woman, with Lord C—If—d, in which duel he had the honour of sending his lordship to his account with all his 'imperfections on his head.' The third party, 'Lord P.,' is a nobleman, whose chief points are a queer-shaped hat, long shirt sleeves, exquisitely starched, very white gloves, a very low cabriolet, and a Lord George Gordon-ish affectation of beard. We do not know that he is distinguished for any thing else. For the fourth party—the young lady's mamma, she is,— what she is; a rather elderly personage, remarkably commodious, very discreet, 'and all that sort of thing.' We could not help admiring her commodiousness when she accompanied Lord P. and her daughter to Drury-lane Theatre, the last time the King was there. It was almost equal to his Lordship's assiduity, and the young lady's ennui.
his Lordship is displeased with no part of the eclat, except the quiz that his liberal offer of £500. would be about £25. per annum, or 9s. 7d. a week—a cheap purchase of a young lady's honour, and therefore a good bargain.”